Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 33291 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0181] 

Hours of Service of Drivers: Waste 

Management Holdings, Inc.; 

Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that it has 

received an application from Waste 

Management Holdings, Inc., (WMH) 

requesting an exemption from the 

requirement of the hours-of-service 

(HOS) regulations that drivers of 

commercial motor vehicles (CMVs) 

qualifying for the ‘‘short-haul—100 airmile radius driver’’ exception must 

return to the original work reporting 

location within 12 hours of coming on 

duty. WMH asks that its short-haul CMV 

drivers be permitted to return within 14 

hours withour losing their short-haul 

status. FMCSA requests public comment 

on WMH’s application for exemption. 

DATES: Comments must be received on 

or before August 16, 2018. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2018–0181 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: 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. ET, Monday 

through Friday, except Federal holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number of 

this notice. DOT posts all comments 

received without change to 

www.regulations.gov, including 

personal information in a comment. 

Please see the Privacy Act heading 

below. 

Docket: To read background 

documents or comments, go to 

www.regulations.gov or visit Room 

W12–140 on the ground level of the 

West Building, 1200 New Jersey Avenue 

SE, Washington, DC, between 9 a.m. and 

5 p.m., ET, Monday through Friday, 

except Federal holidays. The on-line 

FDMS is available 24 hours each day, 

365 days each year. 

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 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS) at 

www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning this notice, 

please contact Mr. Robert Schultz, 

FMCSA Driver and Carrier Operations 

Division; Telephone: (202) 366–2718; 

Email: MCPSD@dot.gov. 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–2018–0181), the 

specific section of this document to 

which the comment applies, and 

provide reasons for suggestions or 

recommendations. You may submit 

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 

your document so the Agency can 

contact you if it has questions about 

your submission. 

To submit your comments online, go 

to www.regulations.gov and put the 

docket number, ‘‘FMCSA–2018–0181’’ 

in the ‘‘Keyword’’ box, and click 

‘‘Search.’’ When the new screen 

appears, click on the ‘‘Submit a Formal 

Comment’’ button and type your 

comment into the text box in the 

following screen. Indicate 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 81⁄2 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, selfaddressed postcard or envelope. FMCSA 

will consider all comments and material 

received during the comment period 

and may grant or deny this application 

based on your comments. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain 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 also 

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 decision of the Agency must be 

published 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 also specify the 

effective period (up to 5 years) and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Request for Exemption 

Drivers qualifying for the HOS shorthaul exception in 49 CFR 395.1(e)(1) do 

not have to maintain a record of duty 

status (RODS) on board the vehicle, 

provided that (among other things) they 

return to their normal work reporting 

location and are relased from work 

within 12 hours after coming on duty. 

A driver who exceeds the 12-hour limit 

loses the short-haul exception and must 

immediately prepare RODS for the 

entire day, often by means of an 

electronic logging device (ELD) (49 CFR 

395.8(a)(1)(i)). 

WMH seeks an exemption for 

approximately 18,000 drivers in 84 

separate subsidiaries or affiliates who 

operate CMVs to collect waste and 

recycling materials. These drivers 

routinely qualify for the short-haul 

exception. 395.1(e)(1). However, 

occasionally they cannot complete their 

duty day within 12 hours. WMH seeks 

an exemption to allow its drivers to 

continue to qualify for the short-haul 

exception up to the 14th hour after 

coming on duty. 

WM states that ELDs delay and 

distract its drivers working to collect 

waste and recycling materials because 


daltland on DSKBBV9HB2PROD with NOTICES
33292 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 

they require excessive interaction. The 

exemption application states that, as a 

result of frequent stops to pick up trash, 

its drivers re required to interact with 

the ELD ‘‘hundreds if not thousands of 

times a day.’’ WMH asserts that ELDs 

are not designed for such operations and 

that they lack ‘‘a provision for blocking 

service time.’’ WMH also states that the 

ELDs do not accurately capture the duty 

status of its drivers. According to the 

application, WMH has been actively 

working with its ELD provider to 

improve ELD performance in this 

environment, but that progress has been 

limited. WMH also asserts that the 

excessive driver-ELD interaction 

impacts ‘‘driver safety and the safety of 

the communities we serve.’’ 

WMH notes that certain CMV drivers 

may already operate up to 14 hours 

without forfeiting short-haul status, for 

example those in the ready-mixed 

concrete industry [49 CFR 

395.1(e)(1)(ii)(B)] or the asphalt-paving 

business [83 FR 3864, Jan. 26, 2018]. It 

asserts that WMH’s operations are 

similar to these industries because its 

drivers ‘‘spend a significant portion of 

their days conducting non-driving 

duties.’’ It states that WMH anticipates 

‘‘no reduction in safety from the 

exemption requested, and a potential for 

increased safety due to reduced [driver] 

distraction.’’ 

WMH cites its fatigue management 

program as further evidence that 

operations with the exemption in place 

would equal or exceed the level of 

safety under the current HOS 

regulations. This program includes the 

use of video event recorders triggered by 

unusual events suggestive of driver 

fatigue, like aggressive braking, steering, 

or acceleration. When WMH’s 

assessment of the recording indicates 

that driver fatigue is involved, WMH 

managers may discipline the driver. 

More commonly, WMH managers assess 

the driver’s overall lifestyle and health, 

including his or her off-duty activities 

and medical history, and counsel the 

individual on changes he or she can 

undertake to ameliorate fatigue. WMH 

managers also ride with each employeedriver several times a year to observe his 

or her performance. 

WMH requests a 5-year exemption. 

WMH’s application for exemption, 

including a list of its 84 operating 

companies, is available for review in the 

docket for this notice. 

Issued on: June 22, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15264 Filed 7–16–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0014] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 13 individuals for an 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. If granted, the 

exemptions will enable these 

individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

DATES: Comments must be received on 

or before August 16, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2018–0014 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://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: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., e.t., 

Monday through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., e.t., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE, Room W64–224, 

Washington, DC 20590–0001. Office 

hours are 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the FMCSRs for a five-year period if it 

finds ‘‘such exemption would likely 

achieve a level of safety that is 

equivalent to or greater than the level 

that would be achieved absent such 

exemption.’’ The statute also allows the 

Agency to renew exemptions at the end 

of the five-year period. FMCSA grants 

exemptions from the FMCSRs for a twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The 13 individuals listed in this 

notice have requested an exemption 

from the vision requirement in 49 CFR 

391.41(b)(10). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

an exemption will achieve the required 

level of safety mandated by statute. 

The physical qualification standard 

for drivers regarding vision found in 49 

CFR 391.41(b)(10) states that a person is 

physically qualified to drive a CMV if 

that person has distant visual acuity of 

at least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of at 

least 20/40 (Snellen) in both eyes with 

or without corrective lenses, field of 

vision of at least 70° in the horizontal 


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