Hours of Service of Drivers: WestRock, Application for Renewal of Exemption |
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Larry W. Minor
Federal Motor Carrier Safety Administration
21 February 2019
[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5546-5548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02955]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0027]
Hours of Service of Drivers: WestRock, Application for Renewal of
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for renewal of exemption; request for
comments.
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SUMMARY: WestRock, formerly known as RockTenn has requested a renewal
of its exemption from certain provisions of the hours-of-service (HOS)
requirements for drivers of property-carrying vehicles. WestRock
currently holds an exemption for the period April 17, 2014, through
April 16, 2019 for 11 shipping department employees and occasional
substitute commercial driver's license (CDL) holders who transport
paper mill products over a 275-foot stretch of public road between its
shipping and receiving locations. WestRock requested an exemption from
the 14-hour rule and the requirement for 10 consecutive hours off duty
before the start of the workday. The renewal of the exemption would
allow these individuals occasionally to drive after the 14th hour after
coming on duty and allow them to return to work following eight
consecutive hours off-duty. FMCSA requests public comment on WestRock's
application for exemption.
DATES: If granted, this exemption would be effective during the period
of April 17, 2019 through April 16, 2024. Comments must be received on
or before March 25, 2019.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2010-0027 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
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.,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to www.regulations.gov, including any personal
information provided. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov, and follow the online
instructions for accessing the dockets, or go to the street address
listed above.
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 any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Public participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4225. 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-2010-0027), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material 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 the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2010-0027'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose 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 not grant this application
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2010-0027'' in the ``Keyword'' box and click
``Search.'' Next, click ``Open Docket Folder'' button and choose the
document listed to review. If you do not have access to the internet,
you may view the docket online by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the DOT West Building,
1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5
p.m., e.t., Monday through Friday, except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. 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
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provide an opportunity for public comment on the request.
The Agency reviews the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. WestRock Application for Exemption
WestRock (USDOT 153734) operates a paper mill located in
Chattanooga, Tennessee, its principal place of business. Its shipping
and receiving departments are on opposite sides of the paper mill,
requiring driver/employees to travel on a public road to shuttle
trailers as needed. These drivers utilize this public road--Compress
Street--an average of forty times per day to go from their shipping to
receiving department and to load their trailers in the shipping
department. These drivers do not transport any material farther than
the paper mill lots and/or Compress Street. The distance traveled on
Compress Street is approximately 275 feet in one direction, and one
tractor is used to perform this work. Because the material being
transported is received from or destined for other States, the local
travel is interstate in nature.
The initial WestRock exemption application for relief from the HOS
rule was submitted in 2009; a copy of the application is in the docket.
That application fully described the nature of shipping operations
encountered by CMV drivers employed by WestRock. On May 29, 2012, FMCSA
granted WestRock the proposed exemption (77 FR 31684). FMCSA has since
renewed this limited exemption [April 22, 2014 (77 FR 22571; and July
25, 2016 (81 FR 48496)]. The current exemption expires on April 16,
2019.
WestRock's shipping department currently works 12-hour shifts for 4
days, and then allows employees 4 days off duty. The schedule is
subject to change. Usually there are two shipping department employees
on each shift. One employee drives a fork-lift truck loading trailers
with finished goods, and the other operates the tractor shuttling
trailers. These employees do not drive a CMV continuously during their
shift(s).
At times, WestRock may operate on three 8-hour shifts with
employees working a double (16-hour) shift when ``rotating back.''
According to WestRock, the problem arises because of the double-shift,
and also on occasion when a shipping department driver does not report
for work as scheduled. On a Monday, for example, if an individual
worked the weekend, his or her shift would normally have to ``hurry
back'' within 8 hours. As a result of the mandatory 10 hours off-duty
requirement for drivers, without the exemption WestRock would be
required to schedule these drivers' shifts to start later than other
employees. This would create at least 2 hours when the company cannot
load or transport trailers with finished goods due to the absence of
the drivers. Furthermore, as a result of the 14-hour driving windows,
they would ``work short'' without the exemption, creating on-time
delivery issues for other employees, who are allowed to work an entire
``double shift'' (16 hours) when necessary.
WestRock requested renewal of its exemption from 49 CFR part 395
for its shipping department CMV drivers, as well as others with a valid
CDL who on occasion must substitute, allowing all such drivers to drive
as late as the 16th hour since coming on duty and return to work with a
minimum of at least 8 hours off duty. If exempt from the normal HOS
requirements, these employees could follow the same work schedule as
other WestRock employees on their shift, and would be able to work for
the full 16 hours of a ``double shift.'' WestRock could therefore
minimize the chances of delayed shipments that might occur if their
drivers were not allowed to work the same schedule as other employees.
WestRock acknowledged in its application that these drivers would
still be subject to all of the other FMCSRs, including possessing a
CDL, random drug testing, medical certification, and other driver-
qualification requirements.
A copy of WestRock's application for exemption renewal is available
for review in the docket for this notice.
Terms of the Exemption
Period of the Exemption
The requested exemption is proposed to be effective April 17, 2019,
through 11:59 p.m. on April 16, 2024, for drivers employed by WestRock
operating CMVs on Compress Street in Chattanooga, Tennessee, between
the company's shipping and receiving departments.
Extent of the Exemption
The exemption would be restricted to drivers employed by WestRock
operating CMVs on the route specified above. This exemption would be
strictly limited to the provisions of 49 CFR 395.3(a)(1), referring to
a required minimum of 10 hours off duty before the start of a duty
period, and 395.3(a)(2), commonly referred to as the ``14-hour rule.''
When operationally necessary, drivers would be allowed up to a 16-hour
duty period and no fewer than 8 hours off duty prior to the duty
period.
Preemption
During the period this exemption would be in effect, no State would
be allowed to enforce any law or regulation that conflicted with or was
inconsistent with this exemption with respect to a firm or person
operating under the exemption (49 U.S.C. 31315(d)).
Notification to FMCSA
WestRock would be required to notify FMCSA within 5 business days
of any accident (as defined in 49 CFR 390.5), involving any of the
motor carrier's CMVs operating under the terms of this exemption. The
notification would be required to include the following information:
a. Name of the Exemption: ``WestRock''
b. Date of the accident,
c. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
d. Driver's name and driver's license State, number, and class,
e. Co-Driver's name and driver's license State, number, and class,
f. Vehicle company number and power unit license plate State and
number,
g. Number of individuals suffering physical injury,
h. Number of fatalities,
i. The police-reported cause of the accident,
j. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
k. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.
Reports filed under this provision would be emailed to
MCPSD@DOT.GOV.
Termination
The FMCSA does not believe the drivers covered by this exemption,
if granted, would experience any
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deterioration of their safety record. However, should this occur, FMCSA
would take all steps necessary to protect the public interest,
including revocation of the exemption. The FMCSA would immediately
revoke the exemption for failure to comply with its terms and
conditions.
Issued on: February 13, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-02955 Filed 2-20-19; 8:45 am]
BILLING CODE 4910-EX-P