Notice2024-24327
Hours of Service of Drivers: WestRock Application for Renewal of 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
October 22, 2024
Effective
April 17, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 204 (Tuesday, October 22, 2024)</title>
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[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84441-84443]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24327]
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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.
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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; <a href="/cdn-cgi/l/email-protection#49392c283b25202c673b262b20273a2627092d263d672e263f"><span class="__cf_email__" data-cfemail="82f2e7e3f0eeebe7acf0ede0ebecf1edecc2e6edf6ace5edf4">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#15585645465155515a413b525a43"><span class="__cf_email__" data-cfemail="91dcd2c1c2d5d1d5dec5bfd6dec7">[email protected]</span></a>.
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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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
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