Hours of Service of Drivers: Kimble Recycling & Disposal, Inc.; Application for Exemption, 64401-64403 [2019-25339]

Download as PDF Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices accompanied by a U.S. CDL holder familiar with the routes to be traveled. Mr. Nickels and Mr. Walter hold valid German commercial licenses and, as explained by Navistar in its exemption request, the requirements for that license ensure that, operating under the exemption, these drivers would likely achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation. Furthermore, Navistar asserts that both drivers are familiar with the operation of CMVs worldwide. Navistar requests that the exemption cover the maximum allowable duration of 5 years. IV. Method To Ensure an Equivalent or Greater Level of Safety As for an equivalent level of safety, Navistar states that the process for obtaining a German commercial license is comparable to, or as effective as, the requirements of part 383, and adequately assesses the driver’s ability to operate CMVs in the U.S. The Agency recently granted one of Navistar’s drivers a similar exemption [April 15, 2019 (84 FR 15283)]. Since 2015, the Agency has granted Daimler drivers similar exemptions: [March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR 60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR 79410)]; July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496); August 17, 2017 (82 FR 39151); September 10, 2018 (83 FR 45742)]. The Agency has not received any information or reports indicating there have been safety performance problems with individuals holding German commercial licenses who operate CMVs on public roads in the United States. V. Public Comments On June 19, 2019, FMCSA published notice of this application and requested public comments (84 FR 28618). No comments were submitted to the docket. VI. FMCSA Decision Based upon the merits of this application, including Mr. Nickels’ and Mr. Walter’s extensive driving experience and safety records, FMCSA has concluded that the exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption, in accordance with § 381.305(a). VII. Terms and Conditions for the Exemption FMCSA grants Navistar, Mr. Thomas Nickels, and Mr. Lukas Walter an exemption from the CDL requirement in 49 CFR 383.23 to allow Mr. Nickels and VerDate Sep<11>2014 16:41 Nov 20, 2019 Jkt 250001 Mr. Walter to drive CMVs in this country without a State-issued CDL, subject to the following terms and conditions: (1) The drivers and carrier must comply with all other applicable provisions of the FMCSRs (49 CFR parts 350–399); (2) The drivers must be in possession of the exemption document and a valid German commercial license; (3) The drivers must be employed by and operate the CMV within the scope of duties for Navistar or its partner MAN; (4) At all times while operating a CMV under this exemption, the drivers must be accompanied by a holder of a U.S. CDL who is familiar with the routes traveled; (5) Navistar must notify FMCSA in writing within 5 business days of any accident, as defined in 49 CFR 390.5, involving these drivers; and (6) Navistar must notify FMCSA in writing if these drivers are convicted of a disqualifying offense under § 383.51 or § 391.15 of the FMCSRs. In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will be valid for 5 years unless revoked earlier by the FMCSA. The exemption will be revoked if: (1) Mr. Nickels or Mr. Walter fails to comply with the terms and conditions of the exemption; (2) the exemption results in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would be inconsistent with the goals and objectives of 49 U.S.C. 31315 and 31136. VIII. Preemption In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate or intrastate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. Issued on: November 15, 2019. Jim Mullen, Deputy Administrator. [FR Doc. 2019–25342 Filed 11–20–19; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 64401 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0106] Hours of Service of Drivers: Kimble Recycling & Disposal, Inc.; Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to grant Kimble Recycling & Disposal, Inc.’s (KRD) request for an exemption from the 12-hour limit of the hours-of-service (HOS) short-haul exception. The exemption enables all KRD’s drivers who operate commercial motor vehicles (CMVs) to collect waste and recycling materials to use the shorthaul exception but return to their workreporting location within 14 hours instead of the usual 12 hours without losing their short-haul status. FMCSA has analyzed the application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. SUMMARY: This exemption is effective November 21, 2019 and expires November 21, 2024. 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. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. DATES: E:\FR\FM\21NON1.SGM 21NON1 64402 Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices 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–2019–0106 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click the ‘‘Open Docket 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 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 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 Agency’s 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 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 KRD seeks an exemption for approximately 320 drivers who operate CMVs to collect waste and recycling materials. These drivers qualify routinely for the short-haul exception in 49 CFR 395.1(e)(1); however, occasionally they cannot complete their duty day within 12 hours. KRD seeks an exemption to allow its drivers to continue to qualify for the short-haul VerDate Sep<11>2014 16:41 Nov 20, 2019 Jkt 250001 exception up to the 14th hour after coming on duty. KRD states that ELDs delay and distract its drivers working to collect waste and recycling materials because they require excessive interaction. The exemption application states that, because of frequent stops to pick up trash, its drivers are required to interact with the ELD ‘‘hundreds if not thousands of times a day.’’ KRD asserts that ELDs are not designed to accommodate operations such as theirs. KRD notes that certain short-haul CMV drivers already operate up to 14 hours without forfeiting short-haul status. Drivers in the ready-mixed concrete industry enjoy a statutory exemption [49 CFR 395.1(e)(1)(ii)(B)], and FMCSA has granted an exemption for the asphalt-paving business [83 FR 3864, Jan. 26, 2018]. KRD asserts that its operations are similar to these industries as its drivers spend a significant portion of their days conducting non-driving duties. IV. Method To Ensure an Equivalent or Greater Level of Safety In its application, KRD lists the following fatigue management programs and processes it would implement were the exemption granted: Observation Program; Routeware DriveCam Video Event Recorder Program; and the KRD Fatigued Driver Process. KRD noted that it incorporated elements of the North American Fatigue Management Program into its Fatigued Driver Process. Details of these plans are provided in KRD’s application for exemption, available for review in the docket for this notice. V. Public Comments On May 28, 2019, FMCSA published notice of this application and requested public comment [84 FR 24592]. The Agency received six comments. One commenter, Mr. Chuck Simmons, supported the exemption, writing that ‘‘First and foremost, this is a company that takes Safety, and specifically fatigue management, very seriously. In fact, they ‘get it’ far more than many other motor carriers that I’ve encountered in my 17 years in this industry. It seems readily apparent that there would be no adverse safety impact by granting the requested exemption.’’ Three commenters opposed the exemption; KRD wrote responses to those commenters. Mr. Michael Millard wrote, ‘‘As local 100-air-mile radius drivers Kimble Recycling and Disposal, Inc., has no SMS data to determine HOS compliance.’’ Mr. Millard asserted that KRD operated wholly in intrastate commerce and was not subject to the hours of service rules for interstate PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 commerce. Mr. Millard concluded his comments by saying, ‘‘Based on roadside inspection data I do not believe it is warranted for the FMCSA to issue an exemption as requested.’’ In response to Mr. Millard’s comments, KRD explained that it operates in interstate commerce and serves customers in both West Virginia and Ohio and that its SMS data is available on the internet. KRD indicated that it has no HOS violations. The Commercial Vehicle Safety Alliance (CVSA) neither opposed nor supported the application. CVSA wrote that ‘‘When considering this exemption request, FMCSA should consider its impacts on safety and the enforcement process.’’ CVSA explained that exemptions have the potential to undermine safety while complicating the enforcement process. Additionally, CVSA said, ‘‘If this exemption is granted, all drivers, managers, dispatchers and relevant staff should be required to complete the North American Fatigue Management Program training developed in partnership by FMCSA, Transport Canada and industry stakeholders as a comprehensive approach for managing fatigue. Required participation in the program will aid in mitigating any impact on safety additional exposure to fatigue causes.’’ VI. FMCSA Response and Decision FMCSA has evaluated KRD’s application and the public comments and decided to grant the exemption. The Agency believes that KRD’s CMV drivers collecting waste and recycling materials who are exempted will likely 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 will allow KRD’s drivers to use the shorthaul RODS exception, but with a 14hour duty period instead of 12 hours. The Agency has granted similar exemptions to the National Asphalt Pavement Association, Inc. [83 FR 3864, Jan. 26, 2018] and Waste Management Holdings, Inc. [83 FR 53940, Oct. 25, 2018]. FMCSA has no evidence that the safety of their operations has deteriorated. Regarding the recommendation from CVSA for KRD’s relevant staff to complete the North American Fatigue Management Program training, KRD reported in its application that it has reviewed and incorporated elements of the program into its Fatigued Driver Process. The Agency emphasizes that this exemption does not allow any additional driving time during the work shift nor does it allow driving after the E:\FR\FM\21NON1.SGM 21NON1 Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices 14th hour from the beginning of the work shift. Drivers remain limited by the weekly limits and the employer must maintain accurate time records concerning the time the driver reports for work each day, the total number of hours the driver is on duty each day, and the time the driver is released from duty each day. As KRD explained, drivers usually return to the work reporting location within 12 hours but the demands during certain periods necessitate work shifts going beyond 12 hours. Therefore, the exemption application should not be construed as a mechanism for the applicant to implement a new business model with all its drivers routinely extending their maximum work shifts from 12 to 14 hours. The exemption provides limited relief to the recordkeeping requirements for HOS for short-haul drivers who find it necessary to exceed the 12-hour limit, which impacts the type of HOS records required. VII. Terms and Conditions for the Exemption • KRD drivers must have a copy of this notice in their possession while operating under the terms of the exemption. This notice serves as the exemption document and must be presented to law enforcement officials upon request. • KRD drivers must return to the work reporting location and be released from work within 14 consecutive hours. (d) City or town, and State, in which the accident occurred, or closest to the accident scene; (e) Driver’s name and license number; (f) Vehicle number and State license 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, motor carrier safety regulations; and (k) The driver’s total driving time and total on-duty time period prior to the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. VIII. Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. Interested parties or organizations possessing information that would otherwise show that this motor carrier is not achieving the requisite statutory level of safety should immediately notify FMCSA. FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA will revoke the exemption immediately for failure to comply with its terms and conditions. Issued on: November 14, 2019. Jim Mullen, Deputy Administrator. Extent of the Exemption [FR Doc. 2019–25339 Filed 11–20–19; 8:45 am] This exemption is limited to the provisions of 49 CFR 395.1(e)(1)(ii)(A). KRD drivers must comply will all other applicable provisions of the FMCSRs. BILLING CODE 4910–EX–P Preemption National Highway Traffic Safety Administration 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 Any motor carrier utilizing this exemption 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) Identity of the exemption: ‘‘Kimble Recycling & Disposal, Inc;’’ (b) Name of operating motor carrier; (c) Date of the accident; VerDate Sep<11>2014 16:41 Nov 20, 2019 Jkt 250001 DEPARTMENT OF TRANSPORTATION [Docket No. NHTSA–2018–0082; Notice 2] Yokohama Tire Corporation, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: Yokohama Tire Corporation (YTC) has determined that certain Yokohama RY023 brand replacement commercial tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 lbs) and Motorcycles. YTC filed a noncompliance report dated July 12, 2018. YTC subsequently petitioned SUMMARY: PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 64403 NHTSA on July 31, 2018, and submitted a supplemental petition on February 6, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the grant of YTC’s petition. FOR FURTHER INFORMATION CONTACT: Abraham Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5310, facsimile (202) 366–3081. SUPPLEMENTARY INFORMATION: I. Overview: YTC has determined that certain Yokohama brand RY023 replacement commercial tires do not fully comply with paragraph S6.5(d) and (j) of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 lbs) and Motorcycles (49 CFR 571.119). YTC filed a noncompliance report dated July 12, 2018, pursuant to 49 CFR part 573, Defects and Noncompliance Responsibility and Reports. YTC subsequently petitioned NHTSA on July 31, 2018, and submitted a supplemental petition on February 6, 2019, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. Notice of receipt of YTC’s petition was published with a 30-day public comment period, on June 21, 2019, in the Federal Register (84 FR 29280). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2018– 0082.’’ II. Tires Involved: Approximately 4,704 Yokohama RY023 size 11R22.5 16(LR H) 146/143L commercial tires, manufactured between February 2, 2018, and May 17, 2018, are potentially involved. III. Noncompliance: YTC explains that the noncompliance was due to a mold error in which one sidewall, the serial sidewall, of subject tires incorrectly state the ply rating, load range and load capacity as required by paragraph S6.5 (d) and (j) of FMVSS No. 119. Specifically, the tires were marked: 14 PR LOAD RANGE G MAX. LOAD SINGLE 2800 kg (6175 lbs) at 720 kPa (105psi) COLD E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64401-64403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25339]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0106]


Hours of Service of Drivers: Kimble Recycling & Disposal, Inc.; 
Application for Exemption

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to grant Kimble Recycling & 
Disposal, Inc.'s (KRD) request for an exemption from the 12-hour limit 
of the hours-of-service (HOS) short-haul exception. The exemption 
enables all KRD's drivers who operate commercial motor vehicles (CMVs) 
to collect waste and recycling materials to use the short-haul 
exception but return to their work-reporting location within 14 hours 
instead of the usual 12 hours without losing their short-haul status. 
FMCSA has analyzed the application and the public comments and has 
determined that the exemption, subject to the terms and conditions 
imposed, will likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such 
exemption.

DATES: This exemption is effective November 21, 2019 and expires 
November 21, 2024.

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]. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

[[Page 64402]]


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-2019-0106 in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket 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 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 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 Agency's 
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 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

    KRD seeks an exemption for approximately 320 drivers who operate 
CMVs to collect waste and recycling materials. These drivers qualify 
routinely for the short-haul exception in 49 CFR 395.1(e)(1); however, 
occasionally they cannot complete their duty day within 12 hours. KRD 
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.
    KRD states that ELDs delay and distract its drivers working to 
collect waste and recycling materials because they require excessive 
interaction. The exemption application states that, because of frequent 
stops to pick up trash, its drivers are required to interact with the 
ELD ``hundreds if not thousands of times a day.'' KRD asserts that ELDs 
are not designed to accommodate operations such as theirs.
    KRD notes that certain short-haul CMV drivers already operate up to 
14 hours without forfeiting short-haul status. Drivers in the ready-
mixed concrete industry enjoy a statutory exemption [49 CFR 
395.1(e)(1)(ii)(B)], and FMCSA has granted an exemption for the 
asphalt-paving business [83 FR 3864, Jan. 26, 2018]. KRD asserts that 
its operations are similar to these industries as its drivers spend a 
significant portion of their days conducting non-driving duties.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    In its application, KRD lists the following fatigue management 
programs and processes it would implement were the exemption granted: 
Observation Program; Routeware DriveCam Video Event Recorder Program; 
and the KRD Fatigued Driver Process. KRD noted that it incorporated 
elements of the North American Fatigue Management Program into its 
Fatigued Driver Process. Details of these plans are provided in KRD's 
application for exemption, available for review in the docket for this 
notice.

V. Public Comments

    On May 28, 2019, FMCSA published notice of this application and 
requested public comment [84 FR 24592]. The Agency received six 
comments. One commenter, Mr. Chuck Simmons, supported the exemption, 
writing that ``First and foremost, this is a company that takes Safety, 
and specifically fatigue management, very seriously. In fact, they `get 
it' far more than many other motor carriers that I've encountered in my 
17 years in this industry. It seems readily apparent that there would 
be no adverse safety impact by granting the requested exemption.''
    Three commenters opposed the exemption; KRD wrote responses to 
those commenters. Mr. Michael Millard wrote, ``As local 100-air-mile 
radius drivers Kimble Recycling and Disposal, Inc., has no SMS data to 
determine HOS compliance.'' Mr. Millard asserted that KRD operated 
wholly in intrastate commerce and was not subject to the hours of 
service rules for interstate commerce. Mr. Millard concluded his 
comments by saying, ``Based on roadside inspection data I do not 
believe it is warranted for the FMCSA to issue an exemption as 
requested.''
    In response to Mr. Millard's comments, KRD explained that it 
operates in interstate commerce and serves customers in both West 
Virginia and Ohio and that its SMS data is available on the internet. 
KRD indicated that it has no HOS violations.
    The Commercial Vehicle Safety Alliance (CVSA) neither opposed nor 
supported the application. CVSA wrote that ``When considering this 
exemption request, FMCSA should consider its impacts on safety and the 
enforcement process.'' CVSA explained that exemptions have the 
potential to undermine safety while complicating the enforcement 
process. Additionally, CVSA said, ``If this exemption is granted, all 
drivers, managers, dispatchers and relevant staff should be required to 
complete the North American Fatigue Management Program training 
developed in partnership by FMCSA, Transport Canada and industry 
stakeholders as a comprehensive approach for managing fatigue. Required 
participation in the program will aid in mitigating any impact on 
safety additional exposure to fatigue causes.''

VI. FMCSA Response and Decision

    FMCSA has evaluated KRD's application and the public comments and 
decided to grant the exemption. The Agency believes that KRD's CMV 
drivers collecting waste and recycling materials who are exempted will 
likely 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 will allow KRD's drivers to use the short-haul RODS 
exception, but with a 14-hour duty period instead of 12 hours. The 
Agency has granted similar exemptions to the National Asphalt Pavement 
Association, Inc. [83 FR 3864, Jan. 26, 2018] and Waste Management 
Holdings, Inc. [83 FR 53940, Oct. 25, 2018]. FMCSA has no evidence that 
the safety of their operations has deteriorated.
    Regarding the recommendation from CVSA for KRD's relevant staff to 
complete the North American Fatigue Management Program training, KRD 
reported in its application that it has reviewed and incorporated 
elements of the program into its Fatigued Driver Process.
    The Agency emphasizes that this exemption does not allow any 
additional driving time during the work shift nor does it allow driving 
after the

[[Page 64403]]

14th hour from the beginning of the work shift. Drivers remain limited 
by the weekly limits and the employer must maintain accurate time 
records concerning the time the driver reports for work each day, the 
total number of hours the driver is on duty each day, and the time the 
driver is released from duty each day. As KRD explained, drivers 
usually return to the work reporting location within 12 hours but the 
demands during certain periods necessitate work shifts going beyond 12 
hours. Therefore, the exemption application should not be construed as 
a mechanism for the applicant to implement a new business model with 
all its drivers routinely extending their maximum work shifts from 12 
to 14 hours. The exemption provides limited relief to the recordkeeping 
requirements for HOS for short-haul drivers who find it necessary to 
exceed the 12-hour limit, which impacts the type of HOS records 
required.

VII. Terms and Conditions for the Exemption

     KRD drivers must have a copy of this notice in their 
possession while operating under the terms of the exemption. This 
notice serves as the exemption document and must be presented to law 
enforcement officials upon request.
     KRD drivers must return to the work reporting location and 
be released from work within 14 consecutive hours.

Extent of the Exemption

    This exemption is limited to the provisions of 49 CFR 
395.1(e)(1)(ii)(A). KRD drivers must comply will all other applicable 
provisions of the FMCSRs.

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

    Any motor carrier utilizing this exemption 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) Identity of the exemption: ``Kimble Recycling & Disposal, 
Inc;''
    (b) Name of operating motor carrier;
    (c) Date of the accident;
    (d) City or town, and State, in which the accident occurred, or 
closest to the accident scene;
    (e) Driver's name and license number;
    (f) Vehicle number and State license 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, 
motor carrier safety regulations; and
    (k) The driver's total driving time and total on-duty time period 
prior to the accident.
    Reports filed under this provision shall be emailed to 
[email protected]

VIII. Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. Interested parties 
or organizations possessing information that would otherwise show that 
this motor carrier is not achieving the requisite statutory level of 
safety should immediately notify FMCSA. FMCSA will take all steps 
necessary to protect the public interest, including revocation of the 
exemption. The FMCSA will revoke the exemption immediately for failure 
to comply with its terms and conditions.

    Issued on: November 14, 2019.
 Jim Mullen,
 Deputy Administrator.
[FR Doc. 2019-25339 Filed 11-20-19; 8:45 am]
BILLING CODE 4910-EX-P
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