Hours of Service of Drivers: Waste Management Holdings, Inc.; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
17 July 2018

[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33291-33292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15264]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0181]


Hours of Service of Drivers: Waste Management Holdings, Inc.; 
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from Waste 
Management Holdings, Inc., (WMH) requesting an exemption from the 
requirement of the hours-of-service (HOS) regulations that drivers of 
commercial motor vehicles (CMVs) qualifying for the ``short-haul--100 
air-mile radius driver'' exception must return to the original work 
reporting location within 12 hours of coming on duty. WMH asks that its 
short-haul CMV drivers be permitted to return within 14 hours withour 
losing their short-haul status. FMCSA requests public comment on WMH's 
application for exemption.

DATES: Comments must be received on or before August 16, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2018-0181 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
of this notice. DOT posts all comments received without change to 
www.regulations.gov, including personal information in a comment. 
Please see the Privacy Act heading below.
    Docket: To read background documents or comments, go to 
www.regulations.gov or visit Room W12-140 on the ground level of the 
West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. 
The on-line FDMS is available 24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS) at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, please contact Mr. Robert Schultz, FMCSA Driver and Carrier 
Operations Division; Telephone: (202) 366-2718; Email: MCPSD@dot.gov. 
If you have questions on viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2018-0181), the specific section of this document to 
which the comment applies, and provide reasons for suggestions or 
recommendations. You may submit online or by fax, mail, or hand 
delivery, but please use only one of these means. FMCSA recommends that 
you include your name and a mailing address, an email address, or a 
phone number in your document so the Agency can contact you if it has 
questions about your submission.
    To submit your comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2018-0181'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``Submit a 
Formal Comment'' button and type your comment into the text box in the 
following screen. Indicate whether you are submitting your comment as 
an individual or on behalf of a third party and then submit. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. FMCSA will consider all comments 
and material received during the comment period and may grant or deny 
this application based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    Drivers qualifying for the HOS short-haul exception in 49 CFR 
395.1(e)(1) do not have to maintain a record of duty status (RODS) on 
board the vehicle, provided that (among other things) they return to 
their normal work reporting location and are relased from work within 
12 hours after coming on duty. A driver who exceeds the 12-hour limit 
loses the short-haul exception and must immediately prepare RODS for 
the entire day, often by means of an electronic logging device (ELD) 
(49 CFR 395.8(a)(1)(i)).
    WMH seeks an exemption for approximately 18,000 drivers in 84 
separate subsidiaries or affiliates who operate CMVs to collect waste 
and recycling materials. These drivers routinely qualify for the short-
haul exception. 395.1(e)(1). However, occasionally they cannot complete 
their duty day within 12 hours. WMH seeks an exemption to allow its 
drivers to continue to qualify for the short-haul exception up to the 
14th hour after coming on duty.
    WM states that ELDs delay and distract its drivers working to 
collect waste and recycling materials because

[[Page 33292]]

they require excessive interaction. The exemption application states 
that, as a result of frequent stops to pick up trash, its drivers re 
required to interact with the ELD ``hundreds if not thousands of times 
a day.'' WMH asserts that ELDs are not designed for such operations and 
that they lack ``a provision for blocking service time.'' WMH also 
states that the ELDs do not accurately capture the duty status of its 
drivers. According to the application, WMH has been actively working 
with its ELD provider to improve ELD performance in this environment, 
but that progress has been limited. WMH also asserts that the excessive 
driver-ELD interaction impacts ``driver safety and the safety of the 
communities we serve.''
    WMH notes that certain CMV drivers may already operate up to 14 
hours without forfeiting short-haul status, for example those in the 
ready-mixed concrete industry [49 CFR 395.1(e)(1)(ii)(B)] or the 
asphalt-paving business [83 FR 3864, Jan. 26, 2018]. It asserts that 
WMH's operations are similar to these industries because its drivers 
``spend a significant portion of their days conducting non-driving 
duties.'' It states that WMH anticipates ``no reduction in safety from 
the exemption requested, and a potential for increased safety due to 
reduced [driver] distraction.''
    WMH cites its fatigue management program as further evidence that 
operations with the exemption in place would equal or exceed the level 
of safety under the current HOS regulations. This program includes the 
use of video event recorders triggered by unusual events suggestive of 
driver fatigue, like aggressive braking, steering, or acceleration. 
When WMH's assessment of the recording indicates that driver fatigue is 
involved, WMH managers may discipline the driver. More commonly, WMH 
managers assess the driver's overall lifestyle and health, including 
his or her off-duty activities and medical history, and counsel the 
individual on changes he or she can undertake to ameliorate fatigue. 
WMH managers also ride with each employee-driver several times a year 
to observe his or her performance.
    WMH requests a 5-year exemption. WMH's application for exemption, 
including a list of its 84 operating companies, is available for review 
in the docket for this notice.

    Issued on: June 22, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15264 Filed 7-16-18; 8:45 am]
 BILLING CODE 4910-EX-P