Hours of Service of Drivers: WestRock Application for Renewal of Exemption, 84441-84443 [2024-24327]
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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
otherwise effective August 9, 2024,
through February 15, 2029, 11:59 p.m.
local time, unless revoked.
B. Applicability of Exemption
During the temporary exemption
period, motor carriers operating stingersteered automobile transporter
equipment are exempt from the
requirements of § 393.87 to place
warning flags on loads of new or used
motor vehicles that project up to 6 feet
from the rear of the stinger-steered
automobile transporter. The Agency
encourages drivers to keep an electronic
or hard copy of the renewal exemption
with them or in the CMV.
ddrumheller on DSK120RN23PROD with NOTICES1
C. Terms and Conditions
1. This exemption is limited to
stinger-steered automobile transporter
equipment and the transport of new or
used motor vehicles. It does not apply
to any other type of transporter
equipment or other types of projecting
or oversized loads.
2. Motor carriers operating under this
exemption involved in any crash to the
rear end of the stinger-steered
automobile transporter equipment
during the transport of new or used
motor vehicles must notify FMCSA
within 7 business days of the crash by
email at MCPSV@DOT.GOV, even if
such crash is not a reportable crash as
defined in § 390.5T.
3. New and used motor vehicles
transported on Stinger-steered
automobile transporters that overhang
from the transporter must be equipped
with all other lights and reflective
devices required by the applicable
FMVSS or FMCSRs.
4. Motor carriers and CMVs operating
under this exemption must comply with
all other applicable FMCSRs (49 CFR
parts 350–399), unless specifically
exempted from a requirement.
D. 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 that
conflicts with or is inconsistent with
this exemption with respect to a person
operating under the exemption. States
may, but are not required to, adopt the
same exemption with respect to
operations in intrastate commerce.
E. Termination
The exemption will be valid for as
provided in section V.A. above, unless
revoked earlier by FMCSA. FMCSA
does not believe that motor carriers and
CMVs covered by the exemption will
experience any deterioration of their
VerDate Sep<11>2014
17:10 Oct 21, 2024
Jkt 265001
safety record. However, should this
occur, FMCSA will take all steps
necessary to protect the public interest,
including revocation of the exemption
without prior notice. The exemption
may be immediately rescinded if: (1)
motor carriers and/or CMVs fail to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 or chapter
313.
Interested parties possessing
information that would demonstrate
that this exemption or motor carriers
operating stinger-steered automobile
transporter equipment without warning
flags and with loads of new or used
motor vehicles projecting up to 6 feet
beyond the rear of the automobile
transporter are not achieving the
requisite statutory level of safety should
immediately notify FMCSA by email at
MCPSV@DOT.GOV. The Agency will
evaluate any such information and, if
safety is being compromised or if the
continuation of the exemption is not
consistent with the goals and objectives
of 49 U.S.C. 31136 or chapter 313, may
take immediate steps to revoke the
exemption or impose additional
requirements as part of the exemption.
VI. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
ACC and AHAA’s application for
renewal of the exemption from § 393.87.
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.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024–24326 Filed 10–21–24; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
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84441
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0027]
Hours of Service of Drivers: WestRock
Application for Renewal of Exemption
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition;
renewal of exemption.
AGENCY:
FMCSA announces its final
decision to renew the exemption
granted to WestRock from the hours-ofservice (HOS) regulations that prohibit
drivers from operating property-carrying
commercial motor vehicles (CMVs) after
14 hours on duty and require 10 hours
off duty before resuming driving. The
exemption allows WestRock’s drivers to
transport paper mill products short
distances on a public road between its
shipping and receiving locations
without complying with those HOS
limits.
SUMMARY:
This renewed exemption is
effective from April 17, 2024, and
expires on April 16, 2029.
DATES:
FOR FURTHER INFORMATION CONTACT:
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards;
FMCSA; 202–366–4225;
pearlie.robinson@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2010–0027’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number ‘‘FMCSA–2010–0027’’ in
the keyword box, click ‘‘Search,’’ and
choose the document to review.
If you do not have access to the
internet, you may view the docket
online by visiting Dockets Operations
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., ET, Monday through Friday,
except Federal holidays. To be sure
someone is there to help you, please call
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84442
Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
(202) 366–9317 or (202) 366–9826
before visiting Dockets Operations.
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 the applicant’s safety
analysis. 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(a)).
The Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)). If granted, the notice will
identify the regulatory provision from
which the applicant will be exempt, the
effective period, and all terms and
conditions of the exemption (49 CFR
381.315(c)(1)). If the exemption is
denied, the notice will explain the
reason for the denial (49 CFR
381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
III. Background
ddrumheller on DSK120RN23PROD with NOTICES1
Current Regulatory Requirements
Under 49 CFR 395.3(a)(2), non-short
haul drivers may not drive after having
been on duty for a period of 14
consecutive hours until they have been
off duty for a minimum of 10
consecutive hours, or the equivalent of
at least 10 consecutive hours off duty.
However, certain short-haul drivers are
allowed a 16-hour driving window once
a week (49 CFR 395.1(o)), and other
short-haul drivers not requiring a
commercial driver’s license are allowed
two 16-hour duty periods per week
provided specified conditions are met
(49 CFR 395.1(e)(2)).
IV. Application for Renewal of
Exemption
The renewal application from
WestRock was described in detail in a
Federal Register notice of January 19,
2024 (89 FR 3704), and will not be
repeated here as the facts have not
changed since then.
V. Public Comments
On January 19, 2024, FMCSA
published its decision to provisionally
grant WestRock a five-year renewal
through April 24, 2029 (89 FR 3704).
VerDate Sep<11>2014
17:10 Oct 21, 2024
Jkt 265001
Two comments were submitted to the
docket, one supporting and the other
opposing the exemption renewal. MWS
Cartage LLC supports granting the
renewal and said, ‘‘this should be a
simple yes.’’ Trevor Bartz opposed the
renewal and said, ‘‘WestRock is
understaffed and its employees
overworked.’’ Neither commenter
provided information in support of their
assertions.
VI. Agency Decision
Since 2012, FMCSA has determined
that the operations of WestRock’s
drivers, pursuant to the terms and
conditions of the exemption, would
likely achieve a level of safety
equivalent to, or greater than, the level
of safety achieved without the
exemption. The Agency has reviewed
the comments to the docket and believes
that WestRock’s overall safety
performance, as reflected in its
‘‘satisfactory’’ safety rating, and the
short distance drivers will operate a
CMV under the exemption, 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)). FMCSA
is unaware of any evidence of a
degradation of safety attributable to the
prior exemptions for WestRock’s
drivers. Further, WestRock asserted that,
since the initial approval of its waiver,
it has operated safely without incident.
There is no indication of an adverse
impact on safety while WestRock
drivers have operated under the terms
and conditions specified in the initial
exemption or the renewals.
FMCSA therefore concludes that
renewing the exemption granted on July
29, 2019, for another five years, under
the terms and conditions listed below,
will likely achieve a level of safety that
is equivalent to, or greater than, the
level of safety achieved without the
exemption.
VII. Exemption Decision
A. Grant of Provisional Renewal of
Exemption
FMCSA reaffirms its provisional
decision to renew the WestRock
exemption for a period of five years,
subject to the terms and conditions of
this decision. 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 effective beginning
April 17, 2024, through April 16, 2029,
11:59 p.m. local time, unless revoked
earlier.
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B. Applicability of Exemption
During the exemption period,
WestRock’s shipping department
employees and occasional substitute
commercial driver’s license (CDL)
holders who transport paper mill
products between the shipping and
receiving locations along the designated
route on Compress Street in
Chattanooga, TN, may 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.
C. Terms and Conditions
Applicability
The exemption is restricted to
shipping department employees and
occasional substitute 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,
measuring approximately 275 feet in
one direction.
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 accident scene;
(d) Driver’s name and license number;
(e) Vehicle number and State license
number;
(f) Number of individuals suffering
physical injury;
(g) Number of fatalities;
(h) The police-reported cause of the
accident;
(i) Whether the driver was cited for
violation of any traffic laws, motor
carrier safety regulations; and
(j) The driver’s total driving time and
total on-duty time prior to the accident.
Reports filed under this provision shall
be emailed to MCPSD@DOT.GOV.
D. 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 that
conflicts with or is inconsistent with
this exemption with respect to a firm or
person operating under the exemption.
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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
E. Termination
FMCSA does not believe the drivers
covered by this exemption will
experience any deterioration of their
safety record. The exemption will be
rescinded if: (1) WestRock and drivers
operating under the exemption fail to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objects of 49 U.S.C. 31136(e) and
31315(b).
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024–24327 Filed 10–21–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2024–0097]
ddrumheller on DSK120RN23PROD with NOTICES1
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that by letter dated August 5, 2024, SMS
Rail Service (SLRS) petitioned the
Federal Railroad Administration (FRA)
for a special approval pursuant to 49
CFR part 215 (Railroad Freight Car
Safety Standards), and a waiver of
compliance from both 49 CFR part 215
and 49 CFR part 223 (Safety Glazing
Standards—Locomotives, Passenger
Cars and Cabooses). FRA assigned the
petition Docket Number FRA–2024–
0097.
Specifically, SLRS requests a special
approval pursuant to § 215.203,
Restricted cars, for 3 cars (SLRS 51651,
SLRS 17695, and SLRS 10301) that are
more than 50 years from the dates of
original construction. SLRS also seeks
relief from § 215.303, Stenciling of
restricted cars, and 49 CFR part 223 for
safety glazing, on the 3 cars. The cars
will operate on SLRS trackage in
differing capacities in tourist excursion
service. SLRS 51651 will primarily be
used to store seasonal supplies and
SLRS 17695 will primarily be used in
maintenance-of-way service.
In its petition, SLRS stated that ‘‘the
cars have been restored to their original,
as-built appearance for tourist excursion
and educational purposes’’ and that the
adding the stenciling and safety glazing
required by the regulations would
‘‘detract from the historical and
educational impression [the] cars are
intended to preserve.’’
VerDate Sep<11>2014
17:10 Oct 21, 2024
Jkt 265001
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted at www.regulations.gov.
Follow the online instructions for
submitting comments.
Communications received by
December 23, 2024 will be considered
by FRA before final action is taken.
Comments received after that date will
be considered if practicable. Anyone
can search the electronic form of any
written communications and comments
received into any of the U.S.
Department of Transportation’s (DOT)
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. 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 https://
www.transportation.gov/privacy. See
also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2024–24455 Filed 10–21–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2024–0100]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on August 26, 2024, Metro-North
PO 00000
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84443
Railroad (Metro-North) petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
229 (Railroad Locomotive Safety
Standards). FRA assigned the petition
Docket Number FRA–2024–0100.
Specifically, Metro-North requests
relief from § 229.136(f)(3), Locomotive
image and audio recording devices—
Recording uses, which states the
situations in which image and audio
recordings from a locomotive ‘‘in
commuter or intercity passenger
service’’ can be used. Metro-North seeks
to use the recordings for training and
safety videos.
In support of its request, Metro-North
states that it has used the recordings
from ‘‘outward facing video and inward
facing video and audio systems’’ ‘‘in
manners that provide significant safety
benefits to the railroad, and its
passengers’’ since 2017. Further, MetroNorth intends that the recordings will
be ‘‘provided for enhanced training
presentations, more meaningful and
impactful safety messaging regarding
incidents and near[-]misses, and
individual employee training
opportunities.’’
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted at www.regulations.gov.
Follow the online instructions for
submitting comments.
Communications received by
December 23, 2024 will be considered
by FRA before final action is taken.
Comments received after that date will
be considered if practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
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]]>Agencies
[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84441-84443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24327]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0027]
Hours of Service of Drivers: WestRock Application for Renewal of
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; renewal of exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its final decision to renew the exemption
granted to WestRock from the hours-of-service (HOS) regulations that
prohibit drivers from operating property-carrying commercial motor
vehicles (CMVs) after 14 hours on duty and require 10 hours off duty
before resuming driving. The exemption allows WestRock's drivers to
transport paper mill products short distances on a public road between
its shipping and receiving locations without complying with those HOS
limits.
DATES: This renewed exemption is effective from April 17, 2024, and
expires on April 16, 2029.
FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; FMCSA; 202-366-4225; [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2010-0027'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2010-0027'' in the keyword box, click ``Search,'' and choose
the document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations 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., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call
[[Page 84442]]
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
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 the applicant's safety analysis. 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(a)). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision from which
the applicant will be exempt, the effective period, and all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
Under 49 CFR 395.3(a)(2), non-short haul drivers may not drive
after having been on duty for a period of 14 consecutive hours until
they have been off duty for a minimum of 10 consecutive hours, or the
equivalent of at least 10 consecutive hours off duty. However, certain
short-haul drivers are allowed a 16-hour driving window once a week (49
CFR 395.1(o)), and other short-haul drivers not requiring a commercial
driver's license are allowed two 16-hour duty periods per week provided
specified conditions are met (49 CFR 395.1(e)(2)).
IV. Application for Renewal of Exemption
The renewal application from WestRock was described in detail in a
Federal Register notice of January 19, 2024 (89 FR 3704), and will not
be repeated here as the facts have not changed since then.
V. Public Comments
On January 19, 2024, FMCSA published its decision to provisionally
grant WestRock a five-year renewal through April 24, 2029 (89 FR 3704).
Two comments were submitted to the docket, one supporting and the other
opposing the exemption renewal. MWS Cartage LLC supports granting the
renewal and said, ``this should be a simple yes.'' Trevor Bartz opposed
the renewal and said, ``WestRock is understaffed and its employees
overworked.'' Neither commenter provided information in support of
their assertions.
VI. Agency Decision
Since 2012, FMCSA has determined that the operations of WestRock's
drivers, pursuant to the terms and conditions of the exemption, would
likely achieve a level of safety equivalent to, or greater than, the
level of safety achieved without the exemption. The Agency has reviewed
the comments to the docket and believes that WestRock's overall safety
performance, as reflected in its ``satisfactory'' safety rating, and
the short distance drivers will operate a CMV under the exemption, 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)). FMCSA is unaware of any evidence of a degradation of
safety attributable to the prior exemptions for WestRock's drivers.
Further, WestRock asserted that, since the initial approval of its
waiver, it has operated safely without incident. There is no indication
of an adverse impact on safety while WestRock drivers have operated
under the terms and conditions specified in the initial exemption or
the renewals.
FMCSA therefore concludes that renewing the exemption granted on
July 29, 2019, for another five years, under the terms and conditions
listed below, will likely achieve a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.
VII. Exemption Decision
A. Grant of Provisional Renewal of Exemption
FMCSA reaffirms its provisional decision to renew the WestRock
exemption for a period of five years, subject to the terms and
conditions of this decision. 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 effective beginning April 17, 2024, through April 16, 2029,
11:59 p.m. local time, unless revoked earlier.
B. Applicability of Exemption
During the exemption period, WestRock's shipping department
employees and occasional substitute commercial driver's license (CDL)
holders who transport paper mill products between the shipping and
receiving locations along the designated route on Compress Street in
Chattanooga, TN, may 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.
C. Terms and Conditions
Applicability
The exemption is restricted to shipping department employees and
occasional substitute 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, measuring approximately 275 feet in one direction.
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 accident scene;
(d) Driver's name and license number;
(e) Vehicle number and State license number;
(f) Number of individuals suffering physical injury;
(g) Number of fatalities;
(h) The police-reported cause of the accident;
(i) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
(j) The driver's total driving time and total on-duty time prior to
the accident. Reports filed under this provision shall be emailed to
[email protected].
D. 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 that conflicts with or is inconsistent
with this exemption with respect to a firm or person operating under
the exemption.
[[Page 84443]]
E. Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. The exemption will
be rescinded if: (1) WestRock and drivers operating under the exemption
fail to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objects of 49 U.S.C. 31136(e) and
31315(b).
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-24327 Filed 10-21-24; 8:45 am]
BILLING CODE 4910-EX-P
