Hours of Service of Drivers: Republic Services; Application for Exemption |
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Larry W. Minor
Federal Motor Carrier Safety Administration
3 December 2019
[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66269-66270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26096]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0369]
Hours of Service of Drivers: Republic Services; 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
Republic Services requesting an exemption from the requirement that
drivers of commercial motor vehicles (CMVs) qualifying for the ``short-
haul'' exception must return to the original work reporting location
and be released within 12 hours of coming on duty. Republic Services
asks that its short-haul CMV drivers be permitted to return within 14
hours without losing their short-haul status. Furthermore, Republic
Services requests relief from the current electronic logging device
(ELD) regulations for its affiliated companies. FMCSA requests public
comment on the Republic Services application for exemption.
DATES: Comments must be received on or before January 2, 2020.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2018-0369 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.
E.T., 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. Richard Clemente, FMCSA Driver and Carrier
Operations Division; Telephone: (202) 366-2722; 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-2018-0369), 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-2018-0369'' 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
[[Page 66270]]
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 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 hours-of-service (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
released from work within 12 hours after coming on duty. A driver who
exceeds the 12-hour limit loses the short-haul exception and must
prepare RODS immediately for the entire day, often by means of an
electronic logging device (ELD)(49 CFR 395.8(a)(1)(i)).
Republic Services seeks an exemption for approximately 16,000 CMVs
and approximately 15,500 drivers. Republic Services is a leading
provider of non-hazardous solid waste collection, transfer, disposal,
recycling and other environmental services, operating in more than 40
states and Puerto Rico. It is one of the largest such fleets in the
country. Republic Services drivers qualify routinely for the short-haul
exception in Sec. 395.1(e)(1), however, occasionally they cannot
complete their duty day within 12 hours. Republic Services therefore
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. In
conjunction with this request, Republic Services requests further
relief from the electronic logging device (ELD) requirements for their
affiliated companies, which they state in their application is
reasonable and consistent with current exemptions FMCSA has granted.
Republic Services states that the 14-hour rule is appropriate to
certain industries and operations, including sanitation/solid waste and
recycling collection. According to the applicant, the HOS regulations
recognize the reasonableness of a 14-hour, rather than a 12-hour,
return/release period in appropriate transport industries and other
operations. Section 395.1(e)(1)(ii)(B) in the Federal regulations
codifies the statutory 14-hour short-haul period for ready-mixed
concrete drivers, and other subparts of the rules provide industry-
specific HOS exemptions for certain operations, including oilfield
operations and pipeline welding trucks. Republic Services' CMV drivers
on solid waste and recycling routes generally meet the current short-
haul exemption requirements and utilize the exception to written
records of duty status (RODS). Exceptions to this that can occur are
usually by no fault of the driver. Increasing the requirement to 14
hours will ensure that Republic Services' CMV drivers will meet the
requirements of the short-haul operations exception in nearly all
cases.
Regarding the other portion of its application for exemption,
Republic Services indicates that ELDs were not designed for short-haul
CMVs and that application of ELDs to CMVs that operate within a 100-
mile radius and make multiple stops represents an inefficient use of
ELD technology. The devices may work well for long-haul trucking
because these drivers operate the controls of their CMVs for extended
periods of time without need to stop multiple times during a single
shift. Unlike sanitation truck drivers, long-haul drivers are not away
from the controls of their CMVs for significant periods of time during
a shift. In contrast, Republic Services' solid waste and recycling
collection drivers make numerous stops per shift and spend significant
portions of their day performing a non-driving function. Its short-haul
drivers have an average route distance of between 85 and 180 miles,
much of which is generated when traveling to and from their service
areas as opposed to servicing customers/collecting waste and
recyclables from containers. On average, Republic's drivers spend
approximately 30-50% of their on-duty time servicing customer
containers as opposed to driving.
Republic Services further notes that on two prior occasions this
year, FMCSA has recognized the reasonableness of extending the 14-hour
return/release rule allowed the ready-mixed concrete industry to other
industries. In January, the agency granted the application for
exemption filed by the National Asphalt Paving Association, Inc.
(NAPA), permitting CMV drivers transporting asphalt and related
materials to return to the reporting location and be released within
14, instead of 12 hours [83 FR 3864]. In October, FMCSA granted Waste
Management's (WM) similar request, recognizing the extension of the 14-
hour rule to the solid waste/recycling drivers of a sanitation industry
participant like Republic Services [83 FR 53940].
IV. Equivalent Level of Safety
To ensure an equivalent level of safety, Republic Services offers
extensive formal classroom and field operations training. Its
application references a company safety program that concentrates on
driver's attention and the most common risks associated with sanitation
driver operations. Republic uses one-on-one in-cab observations in
which its collection operations supervisors ride along with short-haul
CMV drivers on their routes, providing real time coaching and feedback.
According to Republic, these in-cab observations create positive
relationships with the drivers where concerns such as hours, safety,
and fatigue are addressed. Republic states that it covers increasing
driver awareness about safety and fatigue and associated dangers and
how to avoid and mitigate fatigue and remain alert behind the wheel.
Republic Services utilizes event data recording devices to cover
potential safety risks.
Republic Services requests a 5-year exemption. Republic Services'
application for exemption, including a list of its 71 affiliated
operating companies, is available for review in the docket for this
notice.
Issued on: November 22, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-26096 Filed 12-2-19; 8:45 am]
BILLING CODE 4910-EX-P