[Federal Register Volume 89, Number 13 (Friday, January 19, 2024)]
[Notices]
[Pages 3704-3706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00939]


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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 provisional renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces its decision to provisionally renew the 
exemption currently held by 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. FMCSA renews this limited 
exemption for WestRock's shipping department employees and occasional 
substitute commercial driver's license (CDL) holders who transport 
paper mill products short distances on a public road between its 
shipping and receiving locations. The exemption is restricted to a 
specific route, measuring less than 300 feet in one direction, in 
Chattanooga, Tennessee. 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. The 
Agency previously determined that the CMV operations of WestRock's 
drivers under this exemption would likely maintain a level of safety 
equivalent to or greater than the level of safety that would be 
achieved in the absence of the exemption. The exemption renewal is for 
5 years.

DATES: This renewed exemption is effective from April 17, 2024, and 
expires on April 16, 2029. Comments must be received on or before 
February 20, 2024.

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. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, 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, Washington, DC 20590-0001 
between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal 
holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2010-0027). Note that DOT posts all comments 
received without change to www.regulations.gov, 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 www.regulations.gov at any time or visit the ground 
level of the U.S. Department of Transportation, West Building, at 1200 
New Jersey Avenue SE, Washington, DC 20590-0001 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)(6), DOT solicits 
comments from the public on the exemption renewal request. DOT posts 
these comments, 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 under the ``Department 
Wide System of Records Notices'' at www.dot.gov/privacy/privacy-act-system-records-notices. The comments are searchable by the name of the 
submitter and are posted without edit.

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 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 ``Search'' box, and click 
``Search.'' When the new screen appears, click on ``Documents'' button, 
then click the ``Comment'' button associated with the latest notice 
posted. Another screen will appear, on which you will insert the 
required information. Choose whether you are submitting your comment as 
an individual, an organization, or anonymous. Click ``Submit Comment.''
    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

[[Page 3705]]

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 to grant 
exemptions from 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 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 maintain 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 the decision in the Federal Register (49 
CFR 381.315(b)), including the reason for the grant or denial; 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 for up to 5 years 
pursuant to 49 CFR 381.300(b). WestRock has requested a five-year 
extension of the current exemption in Docket No. FMCSA-2010-0027.

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, 
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).

Application for Renewal of Exemption

    WestRock (USDOT 153734) operates a paper mill located in 
Chattanooga, Tennessee. 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 WestRock's 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. Because the material being 
transported is received from or destined for other States, the local 
travel is interstate in nature.
    WestRock's shipping department currently works 12-hour shifts for 4 
days, and then allows employees 4 days off duty. However, this schedule 
is subject to change. There are usually two shipping department 
employees on each shift, one of whom drives a fork-lift truck loading 
trailers with finished goods, and another who 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, their 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 could 
not load or transport trailers with finished goods due to the absence 
of the drivers. Furthermore, as a result of the 14-hour driving window, 
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 (then known as RockTenn) submitted its initial exemption 
application for relief from the HOS rules in 2009; a copy of the 
application is in the docket. That application fully describes the 
nature of shipping operations encountered by CMV drivers employed by 
WestRock. On May 29, 2012, FMCSA granted WestRock the limited exemption 
(77 FR 31684). FMCSA has since renewed this limited exemption on three 
occasions: April 22, 2014 (77 FR 22571); July 25, 2016 (81 FR 48496) 
and July 29, 2019 (84 FR 36655). The current exemption expires on April 
16, 2024.
    WestRock has requested an additional five-year renewal of the 
exemption for its shipping department employees and occasional 
substitute CDL holders who transport paper mill products short 
distances (less than 300 feet in one direction) between its shipping 
and receiving locations on a public road. The exemption allows these 
employees 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 for efficient operations.

IV. Equivalent Level Safety

    Since 2012, FMCSA has determined that the operations of WestRock's 
drivers would likely maintain a level of safety equivalent to, or 
greater than, the level of safety achieved without the exemption. 
WestRock's shipping department employees and occasional substitute CDL 
holders covered by the exemption are exclusively assigned to a specific 
route on a public road for brief periods of time. This route is 
entirely on one street (Compress Street), between the shipping and 
receiving departments, measuring approximately 275 feet in one 
direction. FMCSA previously noted that the exemption 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.
    FMCSA is unaware of any evidence of a degradation of safety 
attributable to the current exemption 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 operating under the terms and conditions 
specified in the initial exemption or exemption renewals.
    FMCSA therefore concludes that provisionally renewing the exemption 
granted on July 29, 2019, for another five years, under the terms and 
conditions listed below, will likely maintain a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption.

V. Exemption Decision

A. Grant of Provisional Renewal of Exemption

    FMCSA provisionally renews the exemption for a period of five 
years, subject to the terms and conditions of this decision and the 
absence of adverse public comments that would cause the

[[Page 3706]]

Agency to terminate the exemption. If comments are received to the 
public docket, FMCSA will publish a second Federal Register notice 
affirming or revoking the renewal. 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 otherwise effective beginning April 17, 2024, through 
April 16, 2029, 11:59 p.m. local time, unless previously revoked.

B. Applicability of Exemption

    During the exemption period, WestRock's shipping department 
employees and occasional substitute 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

    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.

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.

E. 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].

F. 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).

VI. Request for Comments

    FMCSA requests public comment from all interested persons regarding 
WestRock's application for a renewal of the exemption. The Agency will 
evaluate any adverse evidence submitted and, if it determines safety is 
being compromised or if continuation of the exemption would not be 
consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315(b), FMCSA may take immediate steps to revoke or modify the 
exemption.

Robin Hutcheson,
Administrator.
[FR Doc. 2024-00939 Filed 1-18-24; 8:45 am]
BILLING CODE 4910-EX-P