Hours of Service of Drivers: Application for Renewal of Exemption, 36655-36657 [2019-15958]
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<![CDATA[
Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
khammond on DSKBBV9HB2PROD with NOTICES
service notifications at 17,496 hours +
Complaint and inquiry records
including establishing records system at
24,496 hours = 4,282,171].
Background
The Motor Carrier Safety
Improvement Act of 1999 (MCSIA) (Pub.
L. 106–159, 113 Stat. 1748, Dec. 9, 1999)
authorized the Secretary of
Transportation (Secretary) to regulate
household goods carriers engaged in
interstate operations for individual
shippers. In earlier legislation, Congress
abolished the former Interstate
Commerce Commission and transferred
the Commission’s jurisdiction over
household goods transportation to the
U.S. Department of Transportation
(DOT) (ICC Termination Act of 1995,
Pub. L. 104–88, 109 Stat. 803, Dec. 29
1995). Prior to FMCSA’s establishment,
the Secretary delegated this household
goods jurisdiction to the Federal
Highway Administration, FMCSA’s
predecessor organization within DOT.
The FMCSA has authority to regulate
the overall commercial operations of the
household goods industry under 49
U.S.C. 14104, ‘‘Household goods carrier
operations.’’ This ICR includes the
information collection requirements
contained in title 49 CFR part 375,
‘‘Transportation of Household Goods in
Interstate Commerce; Consumer
Protection.’’ The information collected
encompasses that which is generated,
maintained, retained, disclosed, and
provided to, or for, the agency under 49
CFR part 375.
Sections 4202 through 4216 of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (Pub. L. 109–59, 119 Stat. 1144,
Aug. 10, 2005) (SAFETEA–LU)
amended various provisions of existing
law regarding household goods
transportation. It specifically addressed:
Definitions (section 4202); payment of
rates (section 4203); registration
requirements for household goods motor
carriers (section 4204); carrier
operations (section 4205); enforcement
of regulations (section 4206); liability of
carriers under receipts and bills of
lading (section 4207); arbitration
requirements (section 4208); civil
penalties for brokers and unauthorized
transportation (section 4209); penalties
for holding goods hostage (section
4210); consumer handbook (section
4211); release of broker information
(section 4212); working group for
Federal-State relations (section 4213);
consumer complaint information
(section 4214); review of liability of
carriers (section 4215); and application
of State laws (section 4216). The
FMCSA regulations that set forth
VerDate Sep<11>2014
16:54 Jul 26, 2019
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Federal requirements for movers that
provide interstate transportation of
household goods are found in 49 CFR
part 375, ‘‘Transportation of Household
Goods; Consumer Protection.’’
On July 16, 2012, FMCSA published
a Direct Final Rule (DFR) titled,
‘‘Transportation of Household Goods in
Interstate Commerce; Consumer
Protection: Household Goods Motor
Carrier Record Retention
Requirements,’’ (77 FR 41699). The rule
amended the regulations governing the
period during which HHG motor
carriers must retain documentation of
an individual shipper’s waiver of
receipt of printed copies of consumer
protection materials. This change
harmonized the retention period with
other document retention requirements
applicable to HHG motor carriers.
FMCSA also amended the regulations to
clarify that a HHG motor carrier is not
required to retain waiver documentation
from any individual shippers for whom
the carrier does not actually provide
services.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FMCSA to perform its
functions; (2) the accuracy of the
estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority delegated in 49
CFR 1.87 on: July 23, 2019.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2019–15957 Filed 7–26–19; 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:
Application for Renewal of Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption renewal.
AGENCY:
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
SUMMARY:
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36655
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
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
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.
khammond on DSKBBV9HB2PROD with NOTICES
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.
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16:54 Jul 26, 2019
Jkt 247001
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
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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 driverqualification 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.
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
Terms and Conditions
The exemption from the requirements
of 49 CFR 395.3(a)(1) (the 10-hour offduty 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
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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
16:54 Jul 26, 2019
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
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2018–0105]
Pipeline Safety: Request for Special
Permit; Gulfstream Natural Gas
System
Pipeline and Hazardous
Materials Safety Administration
(PHMSA); DOT.
ACTION: Notice.
AGENCY:
PHMSA is publishing this
notice to seek public comments on a
request for a special permit seeking
relief from compliance with certain
requirements in the federal pipeline
safety regulations. At the conclusion of
the 30-day comment period, PHMSA
will review the comments received from
this notice as part of its evaluation to
either grant or deny the special permit
request.
DATES: Submit any comments regarding
this special permit request by August
28, 2019.
ADDRESSES: Comments should reference
the docket number for the specific
special permit request and may be
submitted in the following ways:
• E-Gov website: https://
www.Regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency.
• Fax: 1–202–493–2251.
• Mail: Docket Management System:
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Docket Management
System: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9:00
a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
Instructions: You should identify the
docket number for the special permit
request you are commenting on at the
beginning of your comments. If you
submit your comments by mail, please
submit two copies. To receive
SUMMARY:
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 MCPSD@DOT.GOV.
VerDate Sep<11>2014
the exemption for failure to comply
with its terms and conditions.
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36657
confirmation that PHMSA has received
your comments, please include a selfaddressed stamped postcard. Internet
users may submit comments at https://
www.Regulations.gov.
Note: There is a privacy statement
published on https://www.Regulations.gov.
Comments, including any personal
information provided, are posted without
changes or edits to https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
General: Ms. Kay McIver by telephone
at 202–366–0113, or email at
kay.mciver@dot.gov.
Technical: Mr. Zaid Obeidi by
telephone at 202–366–5267, or email at
zaid.obeidi@dot.gov.
SUPPLEMENTARY INFORMATION: PHMSA
has received a special permit request
from Gulfstream Natural Resources,
LLC, to deviate from the federal pipeline
safety regulations in 49 CFR 192.619(a)
and 192.195(a) on the Gulfstream
Natural Gas System (Gulfstream
Pipeline). The proposed special permit,
if granted, would allow an increase in
the maximum allowable operating
pressure (MAOP) from 2,180 pounds per
square inch gauge (psig) to 2,296 psig
from Gulfstream Pipeline Mile Post 3.9
to Mile Post 59 and the use of pressure
gradient for pressure control to maintain
a MAOP of 2,180 psig downstream of
Mile Post 59. The Gulfstream Pipeline
segment, where the proposed special
permit would be applicable, is from
Mile Post 3.9 in Mobile County,
Alabama to the Gulfstream Pipeline
west subsea tie-in valves located at Mile
Post 59 in the Gulf of Mexico, Outer
Continental Shelf.
Gulfstream Pipeline is proposing a gas
transmission flow volume increase of
78,000 dekatherms per day. A
Gulfstream Pipeline MAOP increase
from 2,180 psig to 2,296 psig will be
required from Mile Post 0.0 to Mile Post
59. The Gulfstream 36-inch diameter
piping, valves, and components from
Mile Post 0.0 to Mile Post 3.9 will be
replaced and pressure tested, where
required, to meet part 192 regulations
for a 2,296 psig MAOP.
The Gulfstream Pipeline is a 36-inch
diameter pipeline that spans
approximately 427 miles from southern
Alabama, across the bottom of the Gulf
of Mexico, to the Tampa Bay, Florida
region. The Gulfstream Pipeline begins
at Compressor Station 410, an existing
natural gas compressor station located
in Mobile County near Coden, Alabama,
travels offshore into the Gulf of Mexico,
and ends at Compressor Station 420
located in Manatee County near Bartow,
Florida.
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]]>Agencies
[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: [email protected].
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
