[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78450-78451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25111]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0186]


Hours of Service: Clym Environmental; Application for Exemption

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

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

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SUMMARY: FMCSA announces that Clym Environmental Services LLC (Clym) 
has requested 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 indicates 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. Clym asserts that the exemption would allow 
additional flexibility while maintaining an equivalent level of safety. 
FMCSA requests public comment on the applicant's request for exemption.

DATES: Comments must be received on or before December 15, 2023.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2023-0186 by any of the following 
methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
    <bullet> Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: West Building, Ground Floor, 
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday 
through Friday, except Federal holidays.
    <bullet> Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2023-0186) for this notice. 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 West Building, 1200 New Jersey Avenue

[[Page 78451]]

SE, Washington, DC, 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), DOT solicits 
comments from the public to better inform its exemption process. 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 https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices/DOT-ALL. The 
comments are posted without edit and are searchable by the name of the 
submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 366-2722 or <a href="/cdn-cgi/l/email-protection#c3b1aaa0aba2b1a7eda0afa6aea6adb7a683a7acb7eda4acb5"><span class="__cf_email__" data-cfemail="e5978c868d849781cb86898088808b9180a5818a91cb828a93">[email protected]</span></a>. If 
you have questions on viewing or submitting material to the docket, 
contact Dockets Operations at (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-2023-0186), 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-2023-0186'' in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on 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.

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 any safety analyses that have been conducted. 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). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)) with 
the reasons for denying or granting the application and, if granted, 
the name of the person or class of persons receiving the exemption and 
the regulatory provision from which the exemption is granted. The 
notice must specify the effective period and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

III. Applicant's Request

    Clym is a regulated medical waste pickup, transportation, and 
destruction company. Clym seeks an exemption from the requirement in 49 
CFR 395.3(a)(3)(i) that a commercial motor vehicle (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 equivalent. Clym has 
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 makes this HOS exemption request for three contingencies: (1) 
when CDL A drivers are taking time off or calling 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. If granted, 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.
    Clym predicts 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 states 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 commercial vehicles 
typically operate at approximately half of the 80,000-pound legal 
limit. Finally, Clym states that it takes safety very seriously because 
it transports regulated medical waste.
    A copy of Clym's application for exemption is available for review 
in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Clym Environmental Services 
LLC's application for an exemption from the requirement in 49 CFR 
395.3(a)(3)(i) to operate a CMV in interstate commerce for a maximum of 
11 hours of driving before taking 10 consecutive hours off duty or the 
equivalent. All comments received before the close of business on the 
comment closing date indicated at the beginning of this notice will be 
considered and will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice. Comments 
received after the comment closing date will be filed in the public 
docket and will be considered to the extent practicable. In addition to 
late comments, FMCSA will also continue to file, in the public docket, 
relevant information that becomes available after the comment closing 
date. Interested persons should continue to examine the public docket 
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-25111 Filed 11-14-23; 8:45 am]
BILLING CODE 4910-EX-P


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