[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Notices]
[Pages 54627-54628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14410]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0186]


Hours of Service: Application for Exemption; Clym Environmental

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

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

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SUMMARY: FMCSA denies the application from Clym Environmental Services 
LLC (Clym) requesting 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 indicated 
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. FMCSA analyzed the 
application and determined that the exemption would not likely achieve 
a level of safety that is equivalent to, or greater than, the level 
that would be achieved absent such exemption.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; (202) 366-2722; [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert 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, and click ``View Related Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2023-0186'' in the keyword box, click ``Search,'' and chose the 
document to review.
    If you do not have access to the internet, you may view the docket 
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 (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 analyses. 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 maintain 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(s) 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 reasons for the denial 
(49 CFR 381.315(c)(2)).

III. Background

Current Regulatory Requirements

    To reduce the possibility of driver fatigue, FMCSA's HOS 
regulations in 49 CFR 395 place limits on the amount of time drivers of 
commercial motor vehicles (CMV) may drive. Under 49 CFR 395.3(a)(3)(i) 
a 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 
regulatorily permitted equivalent.

Applicant's Request

    Clym seeks an exemption from the prohibition in 49 CFR 
395.3(a)(3)(i) against driving, or allowing an operator to drive, a CMV 
more than 11 hours within a 14-hour period before taking the required 
10 consecutive hours off duty or the equivalent. Clym 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 made this HOS exemption request 
for three contingencies: (1) when commercial driver's license (CDL) 
drivers are taking unscheduled time 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. Clym indicated 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.

Applicant's Method To Ensure Equivalent Level of Safety

    Clym believes there would be 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 stated 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 
CMVs typically operate at approximately half of the 80,000-pound legal 
limit.

IV. Public Comments

    On November 15, 2023, FMCSA published Clym's application and 
requested public comment [88 FR 78450]. The Agency received two 
comments to the notice, both opposed to Clym's request for an 
exemption. The Advocates for Highway and Auto Safety (Advocates) stated 
the following: ``Granting the application would disregard well 
established science on driver fatigue. Numerous researchers have 
stressed that long consecutive driving hours, long duty weeks, and 
inadequate and interrupted sleep are directly related to increased 
crash risks.'' Specifically, Advocates cited a study showing that these 
risks increase when ``driving towards the end of the 14-hour shift, 
that is, more than 10 hours after reporting for duty (i.e., during 
hours 10 through 14 in a driver's work day).'' Advocates further argued 
that Clym's application fails to meet the statutory requirements:

    The basis for seeking the exemption is no more than the normal 
daily logistical issues presented by Clym's daily operations. 
Furthermore, the Petitioner indicates that it has already identified 
an alternative solution to the exemption by providing hotel rooms 
for its drivers when they reach their HOS limit.


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    AWM Associates, LLC (AWM) also opposed granting the exemption. AWM 
noted that Clym appears to be a ``150 air-mile carrier or could set up 
operations to utilize the 150 air-mile exception using hotels close to 
the job sites.'' AWM commented that Clym ``has asked that its drivers 
may drive for up to 14 hours per shift; however, there's no mention of 
relief from the 14-hour rule. Is [Clym] implying that drivers have zero 
on-duty hours for loading, unloading, fueling, pre-trip inspections, 
etc?'' and raised safety concerns.

V. FMCSA Safety Analysis and Decision

    FMCSA evaluated Clym's application and public comments and denies 
the exemption request. The applicant failed to establish that it would 
likely maintain a level of safety equivalent to, or greater than, the 
level achieved without the exemption. The Agency established and 
enforces the HOS regulations to keep fatigued drivers off the public 
roadways. Research studies demonstrate that long work hours reduce 
sleep and harm driver health, and that crash risk increases with work 
hours. The HOS regulations impose limits on when and how long an 
individual may drive, including the 11-hour driving and 14-hour 
``driving window'' limits, to ensure that drivers stay awake and alert, 
and to reduce the possibility of cumulative fatigue. Granting Clym an 
exemption from 49 CFR 395.3(a)(3)(i) without any evidence that doing so 
would not have detrimental effects on safety would be inconsistent with 
a primary goal of the HOS regulations.
    For the above reasons, Clym Environmental LLC's exemption 
application is denied.

Vincent G. White,
Acting Administrator.
[FR Doc. 2024-14410 Filed 6-28-24; 8:45 am]
BILLING CODE 4910-EX-P