[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84441-84443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24327]


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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 final disposition; renewal of exemption.

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SUMMARY: FMCSA announces its final decision to renew the exemption 
granted to 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. The exemption allows WestRock's drivers to 
transport paper mill products short distances on a public road between 
its shipping and receiving locations without complying with those HOS 
limits.

DATES: This renewed exemption is effective from April 17, 2024, and 
expires on April 16, 2029.

FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; FMCSA; 202-366-4225; <a href="/cdn-cgi/l/email-protection#49392c283b25202c673b262b20273a2627092d263d672e263f"><span class="__cf_email__" data-cfemail="82f2e7e3f0eeebe7acf0ede0ebecf1edecc2e6edf6ace5edf4">[email protected]</span></a>. If you have 
questions on viewing or submitting material to the docket, contact 
Dockets Operations, (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-2010-0027'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2010-0027'' in the keyword box, click ``Search,'' and choose 
the document to review.
    If you do not have access to the internet, you may view the docket 
online 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

[[Page 84442]]

(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 analysis. 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(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 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 reason for the denial (49 CFR 
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).

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 (49 
CFR 395.1(o)), 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(e)(2)).

IV. Application for Renewal of Exemption

    The renewal application from WestRock was described in detail in a 
Federal Register notice of January 19, 2024 (89 FR 3704), and will not 
be repeated here as the facts have not changed since then.

V. Public Comments

    On January 19, 2024, FMCSA published its decision to provisionally 
grant WestRock a five-year renewal through April 24, 2029 (89 FR 3704). 
Two comments were submitted to the docket, one supporting and the other 
opposing the exemption renewal. MWS Cartage LLC supports granting the 
renewal and said, ``this should be a simple yes.'' Trevor Bartz opposed 
the renewal and said, ``WestRock is understaffed and its employees 
overworked.'' Neither commenter provided information in support of 
their assertions.

VI. Agency Decision

    Since 2012, FMCSA has determined that the operations of WestRock's 
drivers, pursuant to the terms and conditions of the exemption, would 
likely achieve a level of safety equivalent to, or greater than, the 
level of safety achieved without the exemption. The Agency has reviewed 
the comments to the docket and believes that WestRock's overall safety 
performance, as reflected in its ``satisfactory'' safety rating, and 
the short distance drivers will operate a CMV under the exemption, will 
likely enable it to achieve a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption (49 
CFR 381.305(a)). FMCSA is unaware of any evidence of a degradation of 
safety attributable to the prior exemptions 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 WestRock drivers have operated 
under the terms and conditions specified in the initial exemption or 
the renewals.
    FMCSA therefore concludes that renewing the exemption granted on 
July 29, 2019, for another five years, under the terms and conditions 
listed below, will likely achieve a level of safety that is equivalent 
to, or greater than, the level of safety achieved without the 
exemption.

VII. Exemption Decision

A. Grant of Provisional Renewal of Exemption

    FMCSA reaffirms its provisional decision to renew the WestRock 
exemption for a period of five years, subject to the terms and 
conditions of this decision. 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 effective beginning April 17, 2024, through April 16, 2029, 
11:59 p.m. local time, unless revoked earlier.

B. Applicability of Exemption

    During the exemption period, WestRock's shipping department 
employees and occasional substitute commercial driver's license (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

Applicability
    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.
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 
<a href="/cdn-cgi/l/email-protection#15585645465155515a413b525a43"><span class="__cf_email__" data-cfemail="91dcd2c1c2d5d1d5dec5bfd6dec7">[email protected]</span></a>.

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.

[[Page 84443]]

E. 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).

Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-24327 Filed 10-21-24; 8:45 am]
BILLING CODE 4910-EX-P


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