Hours of Service: Clym Environmental; Application for Exemption, 78450-78451 [2023-25111]

Download as PDF 78450 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 II. Background On September 28, 2023, FMCSA published a notice announcing receipt of applications from two individuals treated with ICDs and requested comments from the public (88 FR 66932). The individuals requested an exemption from 49 CFR 391.41(b)(4) which prohibits operation of a CMV in interstate commerce by persons with a current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive heart failure. The public comment period ended on October 30, 2023, and no comments were received. FMCSA has evaluated the eligibility of the applicants and concluded that granting an exemption would not provide a level of safety that would be equivalent to, or greater than, the level of safety that would be obtained by complying with § 391.41(b)(4). A summary of each applicant’s medical history related to their ICD exemption request was discussed in the September 28, 2023 Federal Register notice (88 FR 66932) and will not be repeated here. The Agency’s decision regarding this exemption application is based on information from the Cardiovascular Medical Advisory Criteria, an April 2007 evidence report titled ‘‘Cardiovascular Disease and Commercial Motor Vehicle Driver Safety,’’ 1 and a December 2014 focused research report titled ‘‘Implantable Cardioverter Defibrillators and the Impact of a Shock in a Patient When Deployed.’’ Copies of these reports are included in the docket. FMCSA has published advisory criteria to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce.2 The advisory criteria for § 391.41(b)(4) indicates that coronary artery bypass surgery and pacemaker implantation are remedial procedures and thus, not medically disqualifying. ICDs are disqualifying due to risk of syncope. III. Discussion of Comments FMCSA received no comments in this proceeding. 1 The report is available on the internet at https:// rosap.ntl.bts.gov/view/dot/16462. 2 These criteria may be found in 49 CFR part 391, APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section D. Cardiovascular: § 391.41(b)(4), paragraph 4, which is available on the internet at https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5part391-appA.pdf. VerDate Sep<11>2014 17:49 Nov 14, 2023 Jkt 262001 IV. Basis for Exemption Determination DEPARTMENT OF TRANSPORTATION Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the FMCSRs for no longer than a 5-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 Agency’s decision regarding these exemption applications is based on an individualized assessment of the applicants’ medical information, available medical and scientific data concerning ICDs, and any relevant public comments received. In the case of persons with ICDs, the underlying condition for which the ICD was implanted places the individual at high risk for syncope or other unpredictable events known to result in gradual or sudden incapacitation. ICDs may discharge, which could result in loss of ability to safely control a CMV. The December 2014 focused research report referenced previously upholds the findings of the April 2007 report and indicates that the available scientific data on persons with ICDs and CMV driving does not support that persons with ICDs who operate CMVs are able to meet an equal or greater level of safety. Federal Motor Carrier Safety Administration V. Conclusion The Agency has determined that the available medical and scientific literature and research provides insufficient data to enable the Agency to conclude that granting these exemptions would achieve a level of safety equivalent to, or greater than, the level of safety maintained without the exemption. Therefore, the following applicants have been denied an exemption from the physical qualification standards in § 391.41(b)(4): Dean Cece (NC); and Donald Roach (KY). The applicants have, prior to this notice, received a letter of final disposition regarding their exemption request. The decision letter fully outlined the basis for the denial and constitute final action by the Agency. The names of these individuals published today summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–25113 Filed 11–14–23; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 [Docket No. FMCSA–2023–0186] Hours of Service: Clym Environmental; Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that Clym Environmental Services LLC (Clym) has requested an exemption from the hoursof-service (HOS) regulations to allow its drivers up to 14 hours of drive time within the work shift or, in the alternative, up to 12 hours. Clym indicates that, due to the nature of its operations, complying with the 11-hour driving time limit in the HOS regulations places a strain on the company’s drivers and its overall operating costs. Clym asserts that the exemption would allow additional flexibility while maintaining an equivalent level of safety. FMCSA requests public comment on the applicant’s request for exemption. DATES: Comments must be received on or before December 15, 2023. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2023–0186 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: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590– 0001. • Hand Delivery or Courier: West Building, Ground Floor, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Each submission must include the Agency name and the docket number (FMCSA–2023–0186) for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit the ground level of the West Building, 1200 New Jersey Avenue SUMMARY: E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Dockets Operations. Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits comments from the public to better inform its exemption process. DOT posts these comments, 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 under the ‘‘Department Wide System of Records Notices’’ at https:// www.transportation.gov/individuals/ privacy/privacy-act-system-recordsnotices/DOT-ALL. The comments are posted without edit and are searchable by the name of the submitter. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; (202) 366–2722 or richard.clemente@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. ddrumheller on DSK120RN23PROD with NOTICES1 Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2023–0186), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material 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 the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to www.regulations.gov and put the docket number ‘‘FMCSA–2023–0186’’ in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, click the ‘‘Comment’’ button, and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your VerDate Sep<11>2014 17:49 Nov 14, 2023 Jkt 262001 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. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from 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 must publish its decision 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 and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Applicant’s Request Clym is a regulated medical waste pickup, transportation, and destruction company. Clym seeks an exemption from the requirement in 49 CFR 395.3(a)(3)(i) that a commercial motor vehicle (CMV) operator may drive a maximum of 11 hours within a 14-hour period before taking the required 10 consecutive hours off duty or the equivalent. Clym has specifically requested an exemption to extend the allotted driving time to 14 hours or, in the alternative, to extend the drive time to a maximum of 12 hours within the 14-hour period. Clym makes this HOS exemption request for three contingencies: (1) when CDL A drivers are taking time off or calling off for illness or injury, in which case a relief driver is needed to transport the waste along the supply chain; (2) when there is an unexpected increase in material and a trailer needs PO 00000 Frm 00169 Fmt 4703 Sfmt 9990 78451 to be moved sooner than scheduled; and (3) when there is an upcoming issue with local and state health codes for the storage of regulated medical waste. If granted, the exemption would apply only to drivers operating on the longhaul route between Clym’s office in New Castle, PA and its ozone destruction plant in Greenfield, IN. It would not apply to any drivers operating on the company’s local routes. Clym predicts a minimal impact on safety, as the exemption sought would allow its drivers to have more than the one mandatory 30-minute break after 8 consecutive hours of driving. Clym’s internal policy provides a one-hour company lunch break and strongly encourages its drivers to take as many breaks as necessary. Clym further states that the round trip from the Greenfield office to the ozone destruction plant and back takes about 11 hours to complete without traffic, and it considers the run to be ‘‘very easy’’ as its commercial vehicles typically operate at approximately half of the 80,000-pound legal limit. Finally, Clym states that it takes safety very seriously because it transports regulated medical waste. A copy of Clym’s application for exemption is available for review in the docket for this notice. IV. Request for Comments In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on Clym Environmental Services LLC’s application for an exemption from the requirement in 49 CFR 395.3(a)(3)(i) to operate a CMV in interstate commerce for a maximum of 11 hours of driving before taking 10 consecutive hours off duty or the equivalent. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–25111 Filed 11–14–23; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78450-78451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25111]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0186]


Hours of Service: Clym Environmental; Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that Clym Environmental Services LLC (Clym) 
has requested an exemption from the hours-of-service (HOS) regulations 
to allow its drivers up to 14 hours of drive time within the work shift 
or, in the alternative, up to 12 hours. Clym indicates that, due to the 
nature of its operations, complying with the 11-hour driving time limit 
in the HOS regulations places a strain on the company's drivers and its 
overall operating costs. Clym asserts that the exemption would allow 
additional flexibility while maintaining an equivalent level of safety. 
FMCSA requests public comment on the applicant's request for exemption.

DATES: Comments must be received on or before December 15, 2023.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2023-0186 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: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday 
through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2023-0186) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit the ground 
level of the West Building, 1200 New Jersey Avenue

[[Page 78451]]

SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through 
Friday, except Federal holidays. To be sure someone is there to help 
you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption process. DOT 
posts these comments, 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 under the ``Department 
Wide System of Records Notices'' at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices/DOT-ALL. The 
comments are posted without edit and are searchable by the name of the 
submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 366-2722 or [email protected]. If 
you have questions on viewing or submitting material to the docket, 
contact Dockets Operations at (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-2023-0186), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material 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 the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number ``FMCSA-2023-0186'' in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on the following screen. Choose 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from 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 must 
publish its decision 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 and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

III. Applicant's Request

    Clym is a regulated medical waste pickup, transportation, and 
destruction company. Clym seeks an exemption from the requirement in 49 
CFR 395.3(a)(3)(i) that a commercial motor vehicle (CMV) operator may 
drive a maximum of 11 hours within a 14-hour period before taking the 
required 10 consecutive hours off duty or the equivalent. Clym has 
specifically requested an exemption to extend the allotted driving time 
to 14 hours or, in the alternative, to extend the drive time to a 
maximum of 12 hours within the 14-hour period.
    Clym makes this HOS exemption request for three contingencies: (1) 
when CDL A drivers are taking time off or calling off for illness or 
injury, in which case a relief driver is needed to transport the waste 
along the supply chain; (2) when there is an unexpected increase in 
material and a trailer needs to be moved sooner than scheduled; and (3) 
when there is an upcoming issue with local and state health codes for 
the storage of regulated medical waste. If granted, the exemption would 
apply only to drivers operating on the long-haul route between Clym's 
office in New Castle, PA and its ozone destruction plant in Greenfield, 
IN. It would not apply to any drivers operating on the company's local 
routes.
    Clym predicts a minimal impact on safety, as the exemption sought 
would allow its drivers to have more than the one mandatory 30-minute 
break after 8 consecutive hours of driving. Clym's internal policy 
provides a one-hour company lunch break and strongly encourages its 
drivers to take as many breaks as necessary. Clym further states that 
the round trip from the Greenfield office to the ozone destruction 
plant and back takes about 11 hours to complete without traffic, and it 
considers the run to be ``very easy'' as its commercial vehicles 
typically operate at approximately half of the 80,000-pound legal 
limit. Finally, Clym states that it takes safety very seriously because 
it transports regulated medical waste.
    A copy of Clym's application for exemption is available for review 
in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Clym Environmental Services 
LLC's application for an exemption from the requirement in 49 CFR 
395.3(a)(3)(i) to operate a CMV in interstate commerce for a maximum of 
11 hours of driving before taking 10 consecutive hours off duty or the 
equivalent. All comments received before the close of business on the 
comment closing date indicated at the beginning of this notice will be 
considered and will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice. Comments 
received after the comment closing date will be filed in the public 
docket and will be considered to the extent practicable. In addition to 
late comments, FMCSA will also continue to file, in the public docket, 
relevant information that becomes available after the comment closing 
date. Interested persons should continue to examine the public docket 
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-25111 Filed 11-14-23; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.