Hours of Service of Drivers: Application for Renewal of Exemption |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
29 July 2019
[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Notices]
[Pages 36655-36657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15958]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0027]
Hours of Service of Drivers: Application for Renewal of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for exemption
renewal.
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SUMMARY: FMCSA announces its decision to grant WestRock's request for
renewal of its exemption from the hours-of-service (HOS) regulations
that prohibit drivers from operating property-carrying commercial motor
vehicles (CMVs) after the 14th hour after coming on duty and require 10
hours off-duty before driving. FMCSA renews this limited exemption for
WestRock's shipping department employees and occasional substitute
commercial driver's license (CDL) holders who transport paper mill
products short distances between its shipping and receiving locations
on a public road. The exemption is restricted to a specific route in
Chattanooga, Tennessee. This exemption will allow these individuals to
occasionally work up to 16 consecutive hours and be allowed to return
to work with less than the mandatory 10 consecutive hours off duty. The
Agency previously determined that the CMV operations of WestRock's
drivers under this exemption would likely achieve a level of safety
equivalent to or greater than the level of safety that would be
obtained in the absence of the exemption.
DATES: This exemption is effective retroactively from April 17, 2019
(12:01 a.m.), through April 16, 2024 (11:59 p.m.).
ADDRESSES:
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time 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 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.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division, Office of Carrier, Driver and Vehicle
Safety Standards, Telephone: 202-366-4325. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation
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 the ``Open Docket
[[Page 36656]]
Folder'' button and choose the document 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 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 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's Application for Exemption
WestRock (USDOT 153734) operates a paper mill located in
Chattanooga, Tennessee. 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 a
public road--Compress Street--an average of forty times per day to
travel between WestRock's manufacturing facility, and shipping and
receiving docks. 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.
WestRock (then known as RockTenn) submitted its initial exemption
application for relief from the HOS rules in 2009; a copy of the
application is in the docket. That application fully describes 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
exemption expired 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 window,
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 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.
Comments
On February 21, 2019 (84 FR 5546), FMCSA published notice of this
application, and asked for public comment. The Application received one
comment from LJ Schmitt. Mr. Schmitt wrote ``While I understand there
is no one size fits all, the purpose of regulations from your office is
to make it fair and safe for everyone. If these drivers are safe with
only 8 hours of rest, so are the rest of us.''
FMCSA Response and Decision
The granted exemption is restricted to CDL holders employed by
WestRock who are exclusively assigned to a specific route. This route
is entirely on one street (Compress Street), between the shipping and
receiving departments--approximately 275 feet in one direction. The
CMVs operated by WestRock's shipping department shuttle drivers will be
exposed to travel on a public road for brief periods of time. The
granted exemption is comparable to current HOS regulations that allow
certain ``short-haul'' drivers a 16-hour driving ``window'' once a week
and other non-CDL short-haul drivers two 16-hour duty periods per week,
provided specified conditions are met.
The FMCSA has evaluated WestRock's application for exemption and
the public comment. The Agency believes that WestRock's overall safety
performance as reflected in its ``satisfactory'' safety rating, and the
short distance drivers will operate a commercial motor vehicle, will
likely enable it to achieve a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption (49
CFR 381.305(a)).
The exemption enables WestRock's shipping department employees and
occasional substitute CDL holders who transport paper mill products
between the shipping and receiving locations to work up to 16
consecutive hours in a duty period and return to work with a minimum of
at least 8 hours off duty when necessary.
[[Page 36657]]
Terms and Conditions
The exemption from the requirements of 49 CFR 395.3(a)(1) (the 10-
hour off-duty rule) and (a)(2) (the ``14-hour rule'') is granted for
the period from 12:01 a.m. on April 17, 2019, through 11:59 p.m. on
April 16, 2024. The exemption is restricted to CDL holders employed by
WestRock who are exclusively assigned to a specific route. This
specific route is entirely on Compress Street, between WestRock's
shipping and receiving departments, approximately 275 feet in one
direction.
Preemption
In accordance with 49 U.S.C. 31315(d), during the period this
exemption is in effect, no State shall enforce any law or regulation
that conflicts with or is inconsistent with this exemption with respect
to a firm or person operating under the exemption.
Notification to FMCSA
WestRock must 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 must
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 shall be emailed to
MCPSD@DOT.GOV.
Termination
The FMCSA does not believe the drivers covered by this exemption
will experience any deterioration of their safety record. However,
should this occur, FMCSA will take all steps necessary to protect the
public interest, including revocation of the exemption. The FMCSA will
immediately revoke the exemption for failure to comply with its terms
and conditions.
Issued on: July 23, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-15958 Filed 7-26-19; 8:45 am]
BILLING CODE 4910-EX-P