[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Notices]
[Pages 31684-31685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12819]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0027]


Hours of Service of Drivers: RockTenn, Exemption Application

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant RockTenn an exemption 
from the driver hours-of-service (HOS) provisions of the Federal Motor 
Carrier Safety Regulations (FMCSRs). This limited exemption is for 
RockTenn's shipping department employees and occasional substitute 
commercial driver's license (CDL) holders who transport paper mill 
products short distances between its shipping and receiving locations 
on a public road. The exemption is restricted to a specific route. 
RockTenn requested an exemption from the HOS regulation that prohibits 
drivers from operating property-carrying commercial motor vehicles 
(CMVs) after the 14th hour of coming on duty. This exemption will allow 
these individuals to occasionally work up to 16 consecutive hours and 
be allowed to return to work with less than the mandatory 10 
consecutive hours off duty.

DATES: This exemption is effective from April 17, 2012 (12:01 a.m.), 
through April 16, 2014 (11:59 p.m.).

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, Telephone: 202-366-4325. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption 
from many of the safety regulations, including the HOS requirements in 
49 CFR part 395, for a two-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to, or 
greater than, the level of safety that would be achieved absent such 
exemption'' (49 CFR 381.305(a)).

Request for Exemption

    Under 49 CFR 395.3(a)(2), a property-carrying CMV driver is 
prohibited from operating a CMV on a public road after the end of the 
14th hour after coming on duty following 10 or more consecutive hours 
off duty.
    RockTenn operates a paper mill located in Chattanooga, Tennessee, 
its principal place of business. Its shipping and receiving departments 
are on opposite sides of the paper mill, requiring driver-employees to 
travel on a public road to shuttle trailers as needed. These drivers 
utilize a public road--Compress Street--an average of forty times per 
day to travel between its manufacturing facility, and shipping and 
receiving docks. These drivers do not transport any material farther 
than the paper mill lots and/or Compress Street. The distance traveled 
on Compress Street is approximately 275 feet in one direction, and one 
tractor is used to perform this work.
    RockTenn requires all shipping department CMV drivers to have the 
required 10 hours off duty prior to returning to work and only allows 
them to work a maximum of 14 consecutive hours in any given duty 
period. It has three 8-hour shifts up to 7 days a week, and there are 
two shipping employees on each shift. One employee drives a fork-lift 
truck loading trailers with finished goods, and the other operates the 
tractor shuttling trailers. These employees do not drive the CMV 
continuously during their shift(s).
    According to RockTenn, the problem arises because they use a 
backward-rotating shift schedule, and also on occasion when a shipping 
department driver does not report for work as scheduled. On a Monday, 
for example, if an individual worked the weekend, his or her shift 
would normally have to ``hurry back'' within 8 hours. As a result of 
the mandatory 10 hours off-duty requirement, RockTenn schedules these 
drivers' shifts to start later than other employees. This creates at 
least 2 hours when the company cannot load or transport trailers with 
finished goods due to the absence of the drivers.

[[Page 31685]]

Furthermore, as a result of the maximum 14 consecutive-hour duty period 
rule, they may ``work short,'' creating on-time delivery issues for 
other employees in the department, as they are not allowed to work an 
entire ``double shift'' (16 hours) when necessary.
    RockTenn requested a limited exemption from 49 CFR part 395 for its 
shipping department CMV drivers, as well as others with a valid CDL who 
on occasion must substitute, allowing all such drivers to work up to 16 
hours in a day and return to work with a minimum of at least 8 hours 
off duty. If exempt from the normal HOS requirements, these employees 
can follow the same work schedule as other RockTenn employees on their 
shift, and will be able to work for the full 16 hours of a ``double 
shift.'' RockTenn can therefore minimize the chances of delayed 
shipments that may occur when their drivers are not allowed to work the 
same schedule as other employees.
    RockTenn acknowledged in its application that these drivers would 
still be subject to all of the other Federal Motor Carrier Safety 
Regulations (FMCSRs), including possessing a CDL, random drug testing, 
medical certification, and other driver-qualification requirements.
    A copy of RockTenn's application for exemption is available for 
review in the docket for this notice.

Comments

    On June 14, 2010, FMCSA published notice of this application, and 
asked for public comment (75 FR 33664). One set of comments was 
received to the public docket. The Advocates for Highway and Auto 
Safety (Advocates) claimed that there is nothing in RockTenn's 
application demonstrating that directing workers to work 16 hours in a 
shift with 8 hours off duty would produce a safety outcome that is 
equivalent to or greater than the safety secured by adhering to the 14-
hour rule. Advocates further indicated that approval of their request 
would be for the convenience of the applicant, with no assurance of 
safety benefit or equivalency.

FMCSA Decision

    The FMCSA has evaluated RockTenn's application for exemption and 
the public comments. The Agency believes that RockTenn's overall safety 
performance as reflected in its ``satisfactory'' safety rating, as well 
as a number of other factors discussed below, 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)).
    This exemption is being granted under extremely narrow conditions. 
The exemption is restricted to CDL holders employed by RockTenn who are 
exclusively assigned to a specific route. This specific route is 
entirely on one street (Compress Street), between their shipping and 
receiving departments--approximately 275 feet in one direction. The 
CMVs operated by RockTenn's shipping department shuttle drivers will 
only be exposed to travel on a public road for very brief periods of 
time.
    The exemption enables RockTenn's shipping department employees and 
occasional substitute CDL holders who transport paper mill products 
between their shipping and receiving locations to 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. This is comparable to current 
HOS regulations that allow certain ``short-haul'' drivers a 16-hour 
driving ``window'' once a week and other non-CDL short-haul drivers two 
16-hour duty periods per week, provided specified conditions are met. 
Furthermore, 49 CFR 381.305(a) specifies that motor carriers ``* * * 
may apply for an exemption if one or more FMCSR prevents you from 
implementing more efficient or effective operations that would maintain 
a level of safety equivalent to, or greater than, the level achieved 
without the exemption.''

Terms of the Exemption

Period of the Exemption

    The exemption from the requirements of 49 CFR 395.3(a)(2) (the 
``14-hour rule'') is granted for the period from 12:01 a.m. on April 
17, 2012, through 11:59 p.m. on April 16, 2014, for drivers employed by 
RockTenn operating CMVs on Compress Street between the company's 
shipping and receiving departments.

Extent of the Exemption

    The exemption is restricted to drivers employed by RockTenn 
operating CMVs on the route specified above. This exemption is limited 
strictly to the provisions of 49 CFR 395.3(a)(2) (Maximum driving time 
for property-carrying vehicles), commonly referred to as the ``14-hour 
rule''. In addition, on each trip, the CMV must only travel on Compress 
Street--approximately 275 feet in one direction--between RockTenn's 
shipping and receiving departments. These 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

    RockTenn 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. Date of the accident,
    b. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    c. Driver's name and license number,
    d. Vehicle number and state license number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations, and
    i. The total driving time and total on-duty time period prior to 
the accident.
    Reports filed under this provision shall be emailed to 
[email protected].

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. However, should 
this occur, FMCSA will take all steps necessary to protect the public 
interest, including revocation of the exemption. The FMCSA will 
immediately revoke the exemption for failure to comply with its terms 
and conditions. RockTenn and each driver may be subject to periodic 
monitoring by FMCSA during the period of the exemption.

    Issued on: May 21, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-12819 Filed 5-25-12; 8:45 am]
BILLING CODE 4910-EX-P