Hours of Service of Drivers: WestRock Exemption; FAST Act Extension of Compliance Date, 48496 [2016-17462]

Download as PDF 48496 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices that was in effect on the date of enactment of the Act to a period of 5 years from the date the exemption was granted. The exemption may be renewed. Because this action merely implements a statutory mandate that took effect on the date of enactment of the FAST Act, notice and comment are not required. conclude that safety is being compromised. Issued on: July 14, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016–17459 Filed 7–22–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0027] Hours of Service of Drivers: WestRock Exemption; FAST Act Extension of Compliance Date Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; extension of exemption. AGENCY: FMCSA announces the extension of the exemption granted to WestRock, formerly known as RockTenn, on April 17, 2014, for short trips to their loading docks. The Agency extends the expiration date from April 17, 2014 to April 16, 2019, in response to the ‘‘Fixing America’s Surface Transportation Act’’ (FAST Act). That Act extends the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance of the exemptions. The WestRock exemption from the Agency’s 14 hour rule is limited to WestRock drivers operating commercial motor vehicles (CMVs) between WestRock shipping and receiving departments only, on the public road (Compress Street). 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 limited exemption is effective from April 17, 2014 through April 16, 2019. SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register [49 CFR 381.315(a)]. Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend any exemption from any provision of the HOS regulations under 49 CFR part 395 VerDate Sep<11>2014 18:27 Jul 22, 2016 Jkt 238001 WestRock Exemption WestRock, a motor carrier formerly known as RockTenn, applied for a limited exemption from the prohibition from operating a CMV on a public road after the end of the 14th hour after coming on duty following 10 or more consecutive hours off duty [49 CFR 395.3(a)(2)] on behalf of their shipping department employees operating CMVs. FMCSA reviewed WestRock’s application and the public comments and concluded that limiting the exemption to CDL holders employed by WestRock who are exclusively assigned to a specific route, and may operate a CMV on a public road past the 14-hour limit, will promote safety at least as effectively as the ‘‘14-hour rule.’’ These drivers operate like certain short-haul drivers, who are already permitted a 16hour driving ‘‘window’’ once a week and other non-CDL short-haul drivers who are allowed two 16-hour duty periods per week. WestRock held a similar 2-year exemption from 2012– 2014. A Notice of Final Determination granting the WestRock exemption was published on April 22, 2014 [79 FR 22571]. The substance of the exemption is not affected by this extension. The exemption covers only the ‘‘14 hour rule’’ [49 CFR 395.3(a)(3)(ii)]. The exemption is restricted to drivers employed by WestRock operating CMVs on a specified route. On each trip, the CMV must only travel on the public road (Compress Street)—approximately 275 feet in one direction—between WestRock’s shipping and receiving departments. The exemption enables WestRock’s shipping department drivers and occasional substitute CDL holders who transport paper mill products between WestRock’s shipping and receiving locations on Compress Street to work up to 16 hours in a day and return to work with a minimum of at least 8 hours off duty. The FMCSA does not believe the safety record of any driver operating under this exemption will deteriorate. However, should deterioration in safety occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA has the authority to terminate the exemption at any time the PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 Agency has the data/information to conclude that safety is being compromised. Issued on: July 14, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016–17462 Filed 7–22–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0032] Commercial Driver’s License Standards: Application for Exemption; Daimler Trucks North America (Daimler) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: FMCSA announces its decision to grant an exemption to Daimler Trucks North America (Daimler) for one of its commercial motor vehicle (CMV) drivers. Daimler requested a 5-year exemption from the Federal requirement to hold a U.S. commercial driver’s license (CDL) for Mr. Sebastian Boehm, a project engineer for the Daimler Trucks and Bus Division. Mr. Boehm holds a valid German commercial license and wants to test drive Daimler vehicles on U.S. roads to better understand product requirements in ‘‘real world’’ environments, and verify results. Daimler believes the requirements for a German commercial license ensure that operation under the exemption will likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption. DATES: This exemption is effective July 25, 2016 and expires July 25, 2021. 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 SUMMARY: E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Page 48496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17462]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0027]


Hours of Service of Drivers: WestRock Exemption; FAST Act 
Extension of Compliance Date

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice; extension of exemption.

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SUMMARY: FMCSA announces the extension of the exemption granted to 
WestRock, formerly known as RockTenn, on April 17, 2014, for short 
trips to their loading docks. The Agency extends the expiration date 
from April 17, 2014 to April 16, 2019, in response to the ``Fixing 
America's Surface Transportation Act'' (FAST Act). That Act extends the 
expiration date of hours-of-service (HOS) exemptions in effect on the 
date of enactment of the FAST Act to 5 years from the date of issuance 
of the exemptions. The WestRock exemption from the Agency's 14 hour 
rule is limited to WestRock drivers operating commercial motor vehicles 
(CMVs) between WestRock shipping and receiving departments only, on the 
public road (Compress Street). 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 limited exemption is effective from April 17, 2014 through 
April 16, 2019.

SUPPLEMENTARY INFORMATION:

Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register [49 CFR 381.315(a)].
    Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend any 
exemption from any provision of the HOS regulations under 49 CFR part 
395 that was in effect on the date of enactment of the Act to a period 
of 5 years from the date the exemption was granted. The exemption may 
be renewed. Because this action merely implements a statutory mandate 
that took effect on the date of enactment of the FAST Act, notice and 
comment are not required.

WestRock Exemption

    WestRock, a motor carrier formerly known as RockTenn, applied for a 
limited exemption from the prohibition from operating a CMV on a public 
road after the end of the 14th hour after coming on duty following 10 
or more consecutive hours off duty [49 CFR 395.3(a)(2)] on behalf of 
their shipping department employees operating CMVs.
    FMCSA reviewed WestRock's application and the public comments and 
concluded that limiting the exemption to CDL holders employed by 
WestRock who are exclusively assigned to a specific route, and may 
operate a CMV on a public road past the 14-hour limit, will promote 
safety at least as effectively as the ``14-hour rule.'' These drivers 
operate like certain short-haul drivers, who are already permitted a 
16-hour driving ``window'' once a week and other non-CDL short-haul 
drivers who are allowed two 16-hour duty periods per week. WestRock 
held a similar 2-year exemption from 2012-2014. A Notice of Final 
Determination granting the WestRock exemption was published on April 
22, 2014 [79 FR 22571].
    The substance of the exemption is not affected by this extension. 
The exemption covers only the ``14 hour rule'' [49 CFR 
395.3(a)(3)(ii)]. The exemption is restricted to drivers employed by 
WestRock operating CMVs on a specified route. On each trip, the CMV 
must only travel on the public road (Compress Street)--approximately 
275 feet in one direction--between WestRock's shipping and receiving 
departments. The exemption enables WestRock's shipping department 
drivers and occasional substitute CDL holders who transport paper mill 
products between WestRock's shipping and receiving locations on 
Compress Street to work up to 16 hours in a day and return to work with 
a minimum of at least 8 hours off duty.
    The FMCSA does not believe the safety record of any driver 
operating under this exemption will deteriorate. However, should 
deterioration in safety occur, FMCSA will take all steps necessary to 
protect the public interest, including revocation of the exemption. The 
FMCSA has the authority to terminate the exemption at any time the 
Agency has the data/information to conclude that safety is being 
compromised.

    Issued on: July 14, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17462 Filed 7-22-16; 8:45 am]
 BILLING CODE 4910-EX-P