Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 84441 

otherwise effective August 9, 2024, 

through February 15, 2029, 11:59 p.m. 

local time, unless revoked. 

B. Applicability of Exemption 

During the temporary exemption 

period, motor carriers operating stingersteered automobile transporter 

equipment are exempt from the 

requirements of § 393.87 to place 

warning flags on loads of new or used 

motor vehicles that project up to 6 feet 

from the rear of the stinger-steered 

automobile transporter. The Agency 

encourages drivers to keep an electronic 

or hard copy of the renewal exemption 

with them or in the CMV. 

C. Terms and Conditions 

1. This exemption is limited to 

stinger-steered automobile transporter 

equipment and the transport of new or 

used motor vehicles. It does not apply 

to any other type of transporter 

equipment or other types of projecting 

or oversized loads. 

2. Motor carriers operating under this 

exemption involved in any crash to the 

rear end of the stinger-steered 

automobile transporter equipment 

during the transport of new or used 

motor vehicles must notify FMCSA 

within 7 business days of the crash by 

email at MCPSV@DOT.GOV, even if 

such crash is not a reportable crash as 

defined in § 390.5T. 

3. New and used motor vehicles 

transported on Stinger-steered 

automobile transporters that overhang 

from the transporter must be equipped 

with all other lights and reflective 

devices required by the applicable 

FMVSS or FMCSRs. 

4. Motor carriers and CMVs operating 

under this exemption must comply with 

all other applicable FMCSRs (49 CFR 

parts 350–399), unless specifically 

exempted from a requirement. 

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 person 

operating under the exemption. States 

may, but are not required to, adopt the 

same exemption with respect to 

operations in intrastate commerce. 

E. Termination 

The exemption will be valid for as 

provided in section V.A. above, unless 

revoked earlier by FMCSA. FMCSA 

does not believe that motor carriers and 

CMVs covered by the exemption will 

experience any deterioration of their 

safety record. However, should this 

occur, FMCSA will take all steps 

necessary to protect the public interest, 

including revocation of the exemption 

without prior notice. The exemption 

may be immediately rescinded if: (1) 

motor carriers and/or CMVs 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 

objectives of 49 U.S.C. 31136 or chapter 

313. 

Interested parties possessing 

information that would demonstrate 

that this exemption or motor carriers 

operating stinger-steered automobile 

transporter equipment without warning 

flags and with loads of new or used 

motor vehicles projecting up to 6 feet 

beyond the rear of the automobile 

transporter are not achieving the 

requisite statutory level of safety should 

immediately notify FMCSA by email at 

MCPSV@DOT.GOV. The Agency will 

evaluate any such information and, if 

safety is being compromised or if the 

continuation of the exemption is not 

consistent with the goals and objectives 

of 49 U.S.C. 31136 or chapter 313, may 

take immediate steps to revoke the 

exemption or impose additional 

requirements as part of the exemption. 

VI. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

ACC and AHAA’s application for 

renewal of the exemption from § 393.87. 

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. 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2024–24326 Filed 10–21–24; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

SUMMARY: FMCSA announces its final 

decision to renew the exemption 

granted to WestRock from the hours-ofservice (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; 

pearlie.robinson@dot.gov. 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 (NewerOlder),’’ 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 


ddrumheller on DSK120RN23PROD with NOTICES1
84442 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 

(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 MCPSD@DOT.GOV. 

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. 


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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 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 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2024–0097] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that by letter dated August 5, 2024, SMS 

Rail Service (SLRS) petitioned the 

Federal Railroad Administration (FRA) 

for a special approval pursuant to 49 

CFR part 215 (Railroad Freight Car 

Safety Standards), and a waiver of 

compliance from both 49 CFR part 215 

and 49 CFR part 223 (Safety Glazing 

Standards—Locomotives, Passenger 

Cars and Cabooses). FRA assigned the 

petition Docket Number FRA–2024– 

0097. 

Specifically, SLRS requests a special 

approval pursuant to § 215.203, 

Restricted cars, for 3 cars (SLRS 51651, 

SLRS 17695, and SLRS 10301) that are 

more than 50 years from the dates of 

original construction. SLRS also seeks 

relief from § 215.303, Stenciling of 

restricted cars, and 49 CFR part 223 for 

safety glazing, on the 3 cars. The cars 

will operate on SLRS trackage in 

differing capacities in tourist excursion 

service. SLRS 51651 will primarily be 

used to store seasonal supplies and 

SLRS 17695 will primarily be used in 

maintenance-of-way service. 

In its petition, SLRS stated that ‘‘the 

cars have been restored to their original, 

as-built appearance for tourist excursion 

and educational purposes’’ and that the 

adding the stenciling and safety glazing 

required by the regulations would 

‘‘detract from the historical and 

educational impression [the] cars are 

intended to preserve.’’ 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at www.regulations.gov. 

Follow the online instructions for 

submitting comments. 

Communications received by 

December 23, 2024 will be considered 

by FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. Anyone 

can search the electronic form of any 

written communications and comments 

received into any of the U.S. 

Department of Transportation’s (DOT) 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 

inform its processes. DOT posts these 

comments, without edit, 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 at https://

www.transportation.gov/privacy. See 

also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2024–24455 Filed 10–21–24; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2024–0100] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on August 26, 2024, Metro-North 

Railroad (Metro-North) petitioned the 

Federal Railroad Administration (FRA) 

for a waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR part 

229 (Railroad Locomotive Safety 

Standards). FRA assigned the petition 

Docket Number FRA–2024–0100. 

Specifically, Metro-North requests 

relief from § 229.136(f)(3), Locomotive 

image and audio recording devices— 

Recording uses, which states the 

situations in which image and audio 

recordings from a locomotive ‘‘in 

commuter or intercity passenger 

service’’ can be used. Metro-North seeks 

to use the recordings for training and 

safety videos. 

In support of its request, Metro-North 

states that it has used the recordings 

from ‘‘outward facing video and inward 

facing video and audio systems’’ ‘‘in 

manners that provide significant safety 

benefits to the railroad, and its 

passengers’’ since 2017. Further, MetroNorth intends that the recordings will 

be ‘‘provided for enhanced training 

presentations, more meaningful and 

impactful safety messaging regarding 

incidents and near[-]misses, and 

individual employee training 

opportunities.’’ 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at www.regulations.gov. 

Follow the online instructions for 

submitting comments. 

Communications received by 

December 23, 2024 will be considered 

by FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 


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