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Hours of Service: Application for Exemption; Clym Environmental Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Vincent G. White Date: 1 July 2024 Subjects: American Government  , Safety, Trucking
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[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Notices]
[Pages 54627-54628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14410]
[[Page 54627]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0186]
Hours of Service: Application for Exemption; Clym Environmental
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA denies the application from Clym Environmental Services
LLC (Clym) requesting an exemption from the hours-of-service (HOS)
regulations to allow its drivers up to 14 hours of drive time within
the work shift or, in the alternative, up to 12 hours. Clym indicated
that, due to the nature of its operations, complying with the 11-hour
driving time limit in the HOS regulations places a strain on the
company's drivers and its overall operating costs. FMCSA analyzed the
application and determined that the exemption would not likely achieve
a level of safety that is equivalent to, or greater than, the level
that would be achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202) 366-2722; richard.clemente@dot.gov. If you have
questions on viewing or submitting material to the docket, contact
Docket Services at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2023-0186'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``View Related Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2023-0186'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
by visiting Dockets Operations 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., 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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 the applicant's safety analyses. 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 maintain a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305(a)). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision(s) from
which the applicant will be exempt, the effective period, and all terms
and conditions of the exemption (49 CFR 381.315(c)(1)). If the
exemption is denied, the notice will explain the reasons for the denial
(49 CFR 381.315(c)(2)).
III. Background
Current Regulatory Requirements
To reduce the possibility of driver fatigue, FMCSA's HOS
regulations in 49 CFR 395 place limits on the amount of time drivers of
commercial motor vehicles (CMV) may drive. Under 49 CFR 395.3(a)(3)(i)
a CMV operator may drive a maximum of 11 hours within a 14-hour period
before taking the required 10 consecutive hours off duty, or the
regulatorily permitted equivalent.
Applicant's Request
Clym seeks an exemption from the prohibition in 49 CFR
395.3(a)(3)(i) against driving, or allowing an operator to drive, a CMV
more than 11 hours within a 14-hour period before taking the required
10 consecutive hours off duty or the equivalent. Clym specifically
requested an exemption to extend the allotted driving time to 14 hours
or, in the alternative, to extend the drive time to a maximum of 12
hours within the 14-hour period. Clym made this HOS exemption request
for three contingencies: (1) when commercial driver's license (CDL)
drivers are taking unscheduled time off for illness or injury, in which
case a relief driver is needed to transport the waste along the supply
chain; (2) when there is an unexpected increase in material and a
trailer needs to be moved sooner than scheduled; and (3) when there is
an upcoming issue with local and state health codes for the storage of
regulated medical waste. Clym indicated the exemption would apply only
to drivers operating on the long-haul route between Clym's office in
New Castle, PA and its ozone destruction plant in Greenfield, IN. It
would not apply to any drivers operating on the company's local routes.
Applicant's Method To Ensure Equivalent Level of Safety
Clym believes there would be a minimal impact on safety, as the
exemption sought would allow its drivers to have more than the one
mandatory 30-minute break after 8 consecutive hours of driving. Clym's
internal policy provides a one-hour company lunch break and strongly
encourages its drivers to take as many breaks as necessary. Clym
further stated that the round trip from the Greenfield office to the
ozone destruction plant and back takes about 11 hours to complete
without traffic, and it considers the run to be ``very easy'' as its
CMVs typically operate at approximately half of the 80,000-pound legal
limit.
IV. Public Comments
On November 15, 2023, FMCSA published Clym's application and
requested public comment [88 FR 78450]. The Agency received two
comments to the notice, both opposed to Clym's request for an
exemption. The Advocates for Highway and Auto Safety (Advocates) stated
the following: ``Granting the application would disregard well
established science on driver fatigue. Numerous researchers have
stressed that long consecutive driving hours, long duty weeks, and
inadequate and interrupted sleep are directly related to increased
crash risks.'' Specifically, Advocates cited a study showing that these
risks increase when ``driving towards the end of the 14-hour shift,
that is, more than 10 hours after reporting for duty (i.e., during
hours 10 through 14 in a driver's work day).'' Advocates further argued
that Clym's application fails to meet the statutory requirements:
The basis for seeking the exemption is no more than the normal
daily logistical issues presented by Clym's daily operations.
Furthermore, the Petitioner indicates that it has already identified
an alternative solution to the exemption by providing hotel rooms
for its drivers when they reach their HOS limit.
[[Page 54628]]
AWM Associates, LLC (AWM) also opposed granting the exemption. AWM
noted that Clym appears to be a ``150 air-mile carrier or could set up
operations to utilize the 150 air-mile exception using hotels close to
the job sites.'' AWM commented that Clym ``has asked that its drivers
may drive for up to 14 hours per shift; however, there's no mention of
relief from the 14-hour rule. Is [Clym] implying that drivers have zero
on-duty hours for loading, unloading, fueling, pre-trip inspections,
etc?'' and raised safety concerns.
V. FMCSA Safety Analysis and Decision
FMCSA evaluated Clym's application and public comments and denies
the exemption request. The applicant failed to establish that it would
likely maintain a level of safety equivalent to, or greater than, the
level achieved without the exemption. The Agency established and
enforces the HOS regulations to keep fatigued drivers off the public
roadways. Research studies demonstrate that long work hours reduce
sleep and harm driver health, and that crash risk increases with work
hours. The HOS regulations impose limits on when and how long an
individual may drive, including the 11-hour driving and 14-hour
``driving window'' limits, to ensure that drivers stay awake and alert,
and to reduce the possibility of cumulative fatigue. Granting Clym an
exemption from 49 CFR 395.3(a)(3)(i) without any evidence that doing so
would not have detrimental effects on safety would be inconsistent with
a primary goal of the HOS regulations.
For the above reasons, Clym Environmental LLC's exemption
application is denied.
Vincent G. White,
Acting Administrator.
[FR Doc. 2024-14410 Filed 6-28-24; 8:45 am]
BILLING CODE 4910-EX-P