[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5546-5548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02955]


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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), DOT.

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

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SUMMARY: WestRock, formerly known as RockTenn has requested a renewal 
of its exemption from certain provisions of the hours-of-service (HOS) 
requirements for drivers of property-carrying vehicles. WestRock 
currently holds an exemption for the period April 17, 2014, through 
April 16, 2019 for 11 shipping department employees and occasional 
substitute commercial driver's license (CDL) holders who transport 
paper mill products over a 275-foot stretch of public road between its 
shipping and receiving locations. WestRock requested an exemption from 
the 14-hour rule and the requirement for 10 consecutive hours off duty 
before the start of the workday. The renewal of the exemption would 
allow these individuals occasionally to drive after the 14th hour after 
coming on duty and allow them to return to work following eight 
consecutive hours off-duty. FMCSA requests public comment on WestRock's 
application for exemption.

DATES: If granted, this exemption would be effective during the period 
of April 17, 2019 through April 16, 2024. Comments must be received on 
or before March 25, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2010-0027 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov, and follow the online 
instructions for accessing the dockets, or go to the street address 
listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. 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 
www.dot.gov/privacy.
    Public participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal website. If you want us to notify you 
that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4225. Email: [email protected]. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (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-2010-0027), 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-2010-0027'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in 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 and may grant or not grant this application 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2010-0027'' in the ``Keyword'' box and click 
``Search.'' Next, click ``Open Docket Folder'' button and choose the 
document listed to review. If you do not have access to the internet, 
you may view the docket online by visiting the Docket Management 
Facility in Room W12-140 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., e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. 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 also

[[Page 5547]]

provide an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments, 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 decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption (up 
to 5 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. WestRock Application for Exemption

    WestRock (USDOT 153734) 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 this public road--Compress 
Street--an average of forty times per day to go from their shipping to 
receiving department and to load their trailers in the shipping 
department. 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. Because the material being 
transported is received from or destined for other States, the local 
travel is interstate in nature.
    The initial WestRock exemption application for relief from the HOS 
rule was submitted in 2009; a copy of the application is in the docket. 
That application fully described the nature of shipping operations 
encountered by CMV drivers employed by WestRock. On May 29, 2012, FMCSA 
granted WestRock the proposed exemption (77 FR 31684). FMCSA has since 
renewed this limited exemption [April 22, 2014 (77 FR 22571; and July 
25, 2016 (81 FR 48496)]. The current exemption expires on April 16, 
2019.
    WestRock's shipping department currently works 12-hour shifts for 4 
days, and then allows employees 4 days off duty. The schedule is 
subject to change. Usually there are two shipping department 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 a CMV continuously during their 
shift(s).
    At times, WestRock may operate on three 8-hour shifts with 
employees working a double (16-hour) shift when ``rotating back.'' 
According to WestRock, the problem arises because of the double-shift, 
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 for drivers, without the exemption WestRock would be 
required to schedule these drivers' shifts to start later than other 
employees. This would create at least 2 hours when the company cannot 
load or transport trailers with finished goods due to the absence of 
the drivers. Furthermore, as a result of the 14-hour driving windows, 
they would ``work short'' without the exemption, creating on-time 
delivery issues for other employees, who are allowed to work an entire 
``double shift'' (16 hours) when necessary.
    WestRock requested renewal of its 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 drive 
as late as the 16th hour since coming on duty and return to work with a 
minimum of at least 8 hours off duty. If exempt from the normal HOS 
requirements, these employees could follow the same work schedule as 
other WestRock employees on their shift, and would be able to work for 
the full 16 hours of a ``double shift.'' WestRock could therefore 
minimize the chances of delayed shipments that might occur if their 
drivers were not allowed to work the same schedule as other employees.
    WestRock acknowledged in its application that these drivers would 
still be subject to all of the other FMCSRs, including possessing a 
CDL, random drug testing, medical certification, and other driver-
qualification requirements.
    A copy of WestRock's application for exemption renewal is available 
for review in the docket for this notice.

Terms of the Exemption

Period of the Exemption

    The requested exemption is proposed to be effective April 17, 2019, 
through 11:59 p.m. on April 16, 2024, for drivers employed by WestRock 
operating CMVs on Compress Street in Chattanooga, Tennessee, between 
the company's shipping and receiving departments.

Extent of the Exemption

    The exemption would be restricted to drivers employed by WestRock 
operating CMVs on the route specified above. This exemption would be 
strictly limited to the provisions of 49 CFR 395.3(a)(1), referring to 
a required minimum of 10 hours off duty before the start of a duty 
period, and 395.3(a)(2), commonly referred to as the ``14-hour rule.'' 
When operationally necessary, drivers would be allowed up to a 16-hour 
duty period and no fewer than 8 hours off duty prior to the duty 
period.

Preemption

    During the period this exemption would be in effect, no State would 
be allowed to enforce any law or regulation that conflicted with or was 
inconsistent with this exemption with respect to a firm or person 
operating under the exemption (49 U.S.C. 31315(d)).

Notification to FMCSA

    WestRock would be required to 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 would be required to 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 scene of the accident,
    d. Driver's name and driver's license State, number, and class,
    e. Co-Driver's name and driver's license State, number, and class,
    f. Vehicle company number and power unit license plate State and 
number,
    g. Number of individuals suffering physical injury,
    h. Number of fatalities,
    i. The police-reported cause of the accident,
    j. Whether the driver was cited for violation of any traffic laws, 
or motor carrier safety regulations, and
    k. The total driving time and the total on-duty time of the CMV 
driver at the time of the accident.
    Reports filed under this provision would be emailed to 
[email protected].

Termination

    The FMCSA does not believe the drivers covered by this exemption, 
if granted, would experience any

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deterioration of their safety record. However, should this occur, FMCSA 
would take all steps necessary to protect the public interest, 
including revocation of the exemption. The FMCSA would immediately 
revoke the exemption for failure to comply with its terms and 
conditions.

    Issued on: February 13, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-02955 Filed 2-20-19; 8:45 am]
BILLING CODE 4910-EX-P