Notice2023-25111
Hours of Service: Clym Environmental; Application for Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 15, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 219 (Wednesday, November 15, 2023)</title>
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[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78450-78451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25111]
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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.
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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:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> 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.
<bullet> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices/DOT-ALL">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices/DOT-ALL</a>. 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 <a href="/cdn-cgi/l/email-protection#c3b1aaa0aba2b1a7eda0afa6aea6adb7a683a7acb7eda4acb5"><span class="__cf_email__" data-cfemail="e5978c868d849781cb86898088808b9180a5818a91cb828a93">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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
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