[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 
[email protected]

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


