Hours of Service of Drivers: Waste Management Holdings, Inc.; Application for Exemption, 33291-33292 [2018-15264]
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0181]
Hours of Service of Drivers: Waste
Management Holdings, Inc.;
Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that it has
received an application from Waste
Management Holdings, Inc., (WMH)
requesting an exemption from the
requirement of the hours-of-service
(HOS) regulations that drivers of
commercial motor vehicles (CMVs)
qualifying for the ‘‘short-haul—100 airmile radius driver’’ exception must
return to the original work reporting
location within 12 hours of coming on
duty. WMH asks that its short-haul CMV
drivers be permitted to return within 14
hours withour losing their short-haul
status. FMCSA requests public comment
on WMH’s application for exemption.
DATES: Comments must be received on
or before August 16, 2018.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2018–0181 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: Docket Management Facility,
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,
between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number of
this notice. DOT posts all comments
received without change to
www.regulations.gov, including
personal information in a comment.
Please see the Privacy Act heading
below.
Docket: To read background
documents or comments, go to
www.regulations.gov 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,
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:07 Jul 16, 2018
Jkt 244001
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
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS) at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
please contact Mr. Robert Schultz,
FMCSA Driver and Carrier Operations
Division; Telephone: (202) 366–2718;
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (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–2018–0181), the
specific section of this document to
which the comment applies, and
provide reasons for suggestions or
recommendations. You may submit
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
your document so the Agency can
contact you if it has questions about
your submission.
To submit your comments online, go
to www.regulations.gov and put the
docket number, ‘‘FMCSA–2018–0181’’
in the ‘‘Keyword’’ box, and click
‘‘Search.’’ When the new screen
appears, click on the ‘‘Submit a Formal
Comment’’ button and type your
comment into the text box in the
following screen. Indicate whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
33291
and may grant or deny this application
based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain 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 any safety analyses that have
been conducted. The Agency must also
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 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 reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
Drivers qualifying for the HOS shorthaul exception in 49 CFR 395.1(e)(1) do
not have to maintain a record of duty
status (RODS) on board the vehicle,
provided that (among other things) they
return to their normal work reporting
location and are relased from work
within 12 hours after coming on duty.
A driver who exceeds the 12-hour limit
loses the short-haul exception and must
immediately prepare RODS for the
entire day, often by means of an
electronic logging device (ELD) (49 CFR
395.8(a)(1)(i)).
WMH seeks an exemption for
approximately 18,000 drivers in 84
separate subsidiaries or affiliates who
operate CMVs to collect waste and
recycling materials. These drivers
routinely qualify for the short-haul
exception. 395.1(e)(1). However,
occasionally they cannot complete their
duty day within 12 hours. WMH seeks
an exemption to allow its drivers to
continue to qualify for the short-haul
exception up to the 14th hour after
coming on duty.
WM states that ELDs delay and
distract its drivers working to collect
waste and recycling materials because
E:\FR\FM\17JYN1.SGM
17JYN1
daltland on DSKBBV9HB2PROD with NOTICES
33292
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
they require excessive interaction. The
exemption application states that, as a
result of frequent stops to pick up trash,
its drivers re required to interact with
the ELD ‘‘hundreds if not thousands of
times a day.’’ WMH asserts that ELDs
are not designed for such operations and
that they lack ‘‘a provision for blocking
service time.’’ WMH also states that the
ELDs do not accurately capture the duty
status of its drivers. According to the
application, WMH has been actively
working with its ELD provider to
improve ELD performance in this
environment, but that progress has been
limited. WMH also asserts that the
excessive driver-ELD interaction
impacts ‘‘driver safety and the safety of
the communities we serve.’’
WMH notes that certain CMV drivers
may already operate up to 14 hours
without forfeiting short-haul status, for
example those in the ready-mixed
concrete industry [49 CFR
395.1(e)(1)(ii)(B)] or the asphalt-paving
business [83 FR 3864, Jan. 26, 2018]. It
asserts that WMH’s operations are
similar to these industries because its
drivers ‘‘spend a significant portion of
their days conducting non-driving
duties.’’ It states that WMH anticipates
‘‘no reduction in safety from the
exemption requested, and a potential for
increased safety due to reduced [driver]
distraction.’’
WMH cites its fatigue management
program as further evidence that
operations with the exemption in place
would equal or exceed the level of
safety under the current HOS
regulations. This program includes the
use of video event recorders triggered by
unusual events suggestive of driver
fatigue, like aggressive braking, steering,
or acceleration. When WMH’s
assessment of the recording indicates
that driver fatigue is involved, WMH
managers may discipline the driver.
More commonly, WMH managers assess
the driver’s overall lifestyle and health,
including his or her off-duty activities
and medical history, and counsel the
individual on changes he or she can
undertake to ameliorate fatigue. WMH
managers also ride with each employeedriver several times a year to observe his
or her performance.
WMH requests a 5-year exemption.
WMH’s application for exemption,
including a list of its 84 operating
companies, is available for review in the
docket for this notice.
Issued on: June 22, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–15264 Filed 7–16–18; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
17:07 Jul 16, 2018
Jkt 244001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0014]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 13 individuals for an
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions will enable these
individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before August 16, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2018–0014 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
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., e.t., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
SUMMARY:
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-year period if it
finds ‘‘such exemption would likely
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved absent such
exemption.’’ The statute also allows the
Agency to renew exemptions at the end
of the five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 13 individuals listed in this
notice have requested an exemption
from the vision requirement in 49 CFR
391.41(b)(10). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
an exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person has distant visual acuity of
at least 20/40 (Snellen) in each eye
without corrective lenses or visual
acuity separately corrected to 20/40
(Snellen) or better with corrective
lenses, distant binocular acuity of at
least 20/40 (Snellen) in both eyes with
or without corrective lenses, field of
vision of at least 70° in the horizontal
E:\FR\FM\17JYN1.SGM
17JYN1
Agencies
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33291-33292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15264]
[[Page 33291]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0181]
Hours of Service of Drivers: Waste Management Holdings, Inc.;
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that it has received an application from Waste
Management Holdings, Inc., (WMH) requesting an exemption from the
requirement of the hours-of-service (HOS) regulations that drivers of
commercial motor vehicles (CMVs) qualifying for the ``short-haul--100
air-mile radius driver'' exception must return to the original work
reporting location within 12 hours of coming on duty. WMH asks that its
short-haul CMV drivers be permitted to return within 14 hours withour
losing their short-haul status. FMCSA requests public comment on WMH's
application for exemption.
DATES: Comments must be received on or before August 16, 2018.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2018-0181 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: Docket Management Facility, 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, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
of this notice. DOT posts all comments received without change to
www.regulations.gov, including personal information in a comment.
Please see the Privacy Act heading below.
Docket: To read background documents or comments, go to
www.regulations.gov 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 personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS) at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, please contact Mr. Robert Schultz, FMCSA Driver and Carrier
Operations Division; Telephone: (202) 366-2718; Email: [email protected].
If you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone (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-2018-0181), the specific section of this document to
which the comment applies, and provide reasons for suggestions or
recommendations. You may submit 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 your document so the Agency can contact you if it has
questions about your submission.
To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2018-0181'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Submit a
Formal Comment'' button and type your comment into the text box in the
following screen. Indicate whether you are submitting your comment as
an individual or on behalf of a third party and then submit. 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 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 and may grant or deny
this application based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain 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 any safety analyses that have been conducted.
The Agency must also 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 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 reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Request for Exemption
Drivers qualifying for the HOS short-haul exception in 49 CFR
395.1(e)(1) do not have to maintain a record of duty status (RODS) on
board the vehicle, provided that (among other things) they return to
their normal work reporting location and are relased from work within
12 hours after coming on duty. A driver who exceeds the 12-hour limit
loses the short-haul exception and must immediately prepare RODS for
the entire day, often by means of an electronic logging device (ELD)
(49 CFR 395.8(a)(1)(i)).
WMH seeks an exemption for approximately 18,000 drivers in 84
separate subsidiaries or affiliates who operate CMVs to collect waste
and recycling materials. These drivers routinely qualify for the short-
haul exception. 395.1(e)(1). However, occasionally they cannot complete
their duty day within 12 hours. WMH seeks an exemption to allow its
drivers to continue to qualify for the short-haul exception up to the
14th hour after coming on duty.
WM states that ELDs delay and distract its drivers working to
collect waste and recycling materials because
[[Page 33292]]
they require excessive interaction. The exemption application states
that, as a result of frequent stops to pick up trash, its drivers re
required to interact with the ELD ``hundreds if not thousands of times
a day.'' WMH asserts that ELDs are not designed for such operations and
that they lack ``a provision for blocking service time.'' WMH also
states that the ELDs do not accurately capture the duty status of its
drivers. According to the application, WMH has been actively working
with its ELD provider to improve ELD performance in this environment,
but that progress has been limited. WMH also asserts that the excessive
driver-ELD interaction impacts ``driver safety and the safety of the
communities we serve.''
WMH notes that certain CMV drivers may already operate up to 14
hours without forfeiting short-haul status, for example those in the
ready-mixed concrete industry [49 CFR 395.1(e)(1)(ii)(B)] or the
asphalt-paving business [83 FR 3864, Jan. 26, 2018]. It asserts that
WMH's operations are similar to these industries because its drivers
``spend a significant portion of their days conducting non-driving
duties.'' It states that WMH anticipates ``no reduction in safety from
the exemption requested, and a potential for increased safety due to
reduced [driver] distraction.''
WMH cites its fatigue management program as further evidence that
operations with the exemption in place would equal or exceed the level
of safety under the current HOS regulations. This program includes the
use of video event recorders triggered by unusual events suggestive of
driver fatigue, like aggressive braking, steering, or acceleration.
When WMH's assessment of the recording indicates that driver fatigue is
involved, WMH managers may discipline the driver. More commonly, WMH
managers assess the driver's overall lifestyle and health, including
his or her off-duty activities and medical history, and counsel the
individual on changes he or she can undertake to ameliorate fatigue.
WMH managers also ride with each employee-driver several times a year
to observe his or her performance.
WMH requests a 5-year exemption. WMH's application for exemption,
including a list of its 84 operating companies, is available for review
in the docket for this notice.
Issued on: June 22, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15264 Filed 7-16-18; 8:45 am]
BILLING CODE 4910-EX-P