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Hours of Service of Drivers: WestRock Application for Renewal of Exemption Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 19 January 2024 Subjects: American Government  , Safety, Trucking
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[Federal Register Volume 89, Number 13 (Friday, January 19, 2024)]
[Notices]
[Pages 3704-3706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00939]
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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), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew the
exemption currently held by WestRock from the hours-of-service (HOS)
regulations that prohibit drivers from operating property-carrying
commercial motor vehicles (CMVs) after 14 hours on duty and require 10
hours off duty before resuming 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 on a public road between its
shipping and receiving locations. The exemption is restricted to a
specific route, measuring less than 300 feet in one direction, 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 maintain a level of safety
equivalent to or greater than the level of safety that would be
achieved in the absence of the exemption. The exemption renewal is for
5 years.
DATES: This renewed exemption is effective from April 17, 2024, and
expires on April 16, 2029. Comments must be received on or before
February 20, 2024.
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. See the
Public Participation and Request for Comments section below for further
information.
Mail: Dockets Operations, 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, Washington, DC 20590-0001
between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal
holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2010-0027). Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit the ground
level of the U.S. Department of Transportation, West Building, at 1200
New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 5
p.m., ET, Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits
comments from the public on the exemption renewal request. DOT posts
these comments, 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 under the ``Department
Wide System of Records Notices'' at www.dot.gov/privacy/privacy-act-system-records-notices. The comments are searchable by the name of the
submitter and are posted without edit.
FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; FMCSA; (202) 366-4225; pearlie.robinson@dot.gov. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, (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 ``Search'' box, and click
``Search.'' When the new screen appears, click on ``Documents'' button,
then click the ``Comment'' button associated with the latest notice
posted. Another screen will appear, on which you will insert the
required information. Choose whether you are submitting your comment as
an individual, an organization, or anonymous. Click ``Submit Comment.''
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
[[Page 3705]]
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.
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 maintain a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305).
The Agency must publish the decision in the Federal Register (49
CFR 381.315(b)), including the reason for the grant or denial; 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 for up to 5 years
pursuant to 49 CFR 381.300(b). WestRock has requested a five-year
extension of the current exemption in Docket No. FMCSA-2010-0027.
III. Background
Current Regulatory Requirements
Under 49 CFR 395.3(a)(2) non-short haul drivers may not drive after
having been on duty for a period of 14 consecutive hours until they
have been off duty for a minimum of 10 consecutive hours, or the
equivalent of at least 10 consecutive hours off duty. However, certain
short-haul drivers are allowed a 16-hour driving window once a week,
and other short-haul drivers not requiring a commercial driver's
license are allowed two 16-hour duty periods per week provided
specified conditions are met. (49 CFR 395.1).
Application for Renewal of 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's shipping department currently works 12-hour shifts for 4
days, and then allows employees 4 days off duty. However, this schedule
is subject to change. There are usually two shipping department
employees on each shift, one of whom drives a fork-lift truck loading
trailers with finished goods, and another who 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, their 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 could
not 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 (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 limited exemption
(77 FR 31684). FMCSA has since renewed this limited exemption on three
occasions: April 22, 2014 (77 FR 22571); July 25, 2016 (81 FR 48496)
and July 29, 2019 (84 FR 36655). The current exemption expires on April
16, 2024.
WestRock has requested an additional five-year renewal of the
exemption for its shipping department employees and occasional
substitute CDL holders who transport paper mill products short
distances (less than 300 feet in one direction) between its shipping
and receiving locations on a public road. The exemption allows these
employees 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 for efficient operations.
IV. Equivalent Level Safety
Since 2012, FMCSA has determined that the operations of WestRock's
drivers would likely maintain a level of safety equivalent to, or
greater than, the level of safety achieved without the exemption.
WestRock's shipping department employees and occasional substitute CDL
holders covered by the exemption are exclusively assigned to a specific
route on a public road for brief periods of time. This route is
entirely on one street (Compress Street), between the shipping and
receiving departments, measuring approximately 275 feet in one
direction. FMCSA previously noted that the 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.
FMCSA is unaware of any evidence of a degradation of safety
attributable to the current exemption for WestRock's drivers. Further,
WestRock asserted that, since the initial approval of its waiver, it
has operated safely without incident. There is no indication of an
adverse impact on safety while operating under the terms and conditions
specified in the initial exemption or exemption renewals.
FMCSA therefore concludes that provisionally renewing the exemption
granted on July 29, 2019, for another five years, under the terms and
conditions listed below, will likely maintain a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption.
V. Exemption Decision
A. Grant of Provisional Renewal of Exemption
FMCSA provisionally renews the exemption for a period of five
years, subject to the terms and conditions of this decision and the
absence of adverse public comments that would cause the
[[Page 3706]]
Agency to terminate the exemption. If comments are received to the
public docket, FMCSA will publish a second Federal Register notice
affirming or revoking the renewal. 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 otherwise effective beginning April 17, 2024, through
April 16, 2029, 11:59 p.m. local time, unless previously revoked.
B. Applicability of Exemption
During the exemption period, WestRock's shipping department
employees and occasional substitute CDL holders who transport paper
mill products between the shipping and receiving locations along the
designated route on Compress Street in Chattanooga, TN, may 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.
C. Terms and Conditions
The exemption is restricted to shipping department employees and
occasional substitute 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, measuring approximately 275 feet in one direction.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, 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.
E. 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 accident scene;
(d) Driver's name and license number;
(e) Vehicle number and State license number;
(f) Number of individuals suffering physical injury;
(g) Number of fatalities;
(h) The police-reported cause of the accident;
(i) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
(j) The driver's total driving time and total on-duty time prior to
the accident.
Reports filed under this provision shall be emailed to
MCPSD@DOT.GOV.
F. Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. The exemption will
be rescinded if: (1) WestRock and drivers operating under the exemption
fail to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objects of 49 U.S.C. 31136(e) and
31315(b).
VI. Request for Comments
FMCSA requests public comment from all interested persons regarding
WestRock's application for a renewal of the exemption. The Agency will
evaluate any adverse evidence submitted and, if it determines safety is
being compromised or if continuation of the exemption would not be
consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b), FMCSA may take immediate steps to revoke or modify the
exemption.
Robin Hutcheson,
Administrator.
[FR Doc. 2024-00939 Filed 1-18-24; 8:45 am]
BILLING CODE 4910-EX-P