Hours of Service of Drivers: Application for Renewal of Exemption

William Bronrott
Federal Motor Carrier Safety Administration
April 22, 2014

[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Notices]
[Pages 22571-22573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09104]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0027]


Hours of Service of Drivers: Application for Renewal of Exemption

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

ACTION: Notice of final disposition; grant of application for exemption 
renewal.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant RockTenn's request for a 
renewal of its exemption from the hours-of-service (HOS) regulation 
that prohibits drivers from operating property-carrying commercial 
motor vehicles (CMVs) after the 14th hour after coming on duty. FMCSA 
renews this limited exemption for RockTenn's shipping department 
employees and

[[Page 22572]]

occasional substitute commercial driver's license (CDL) holders who 
transport paper mill products short distances between its shipping and 
receiving locations on a public road. The exemption is restricted to a 
specific 275 foot route in Chattanooga, Tennessee. This exemption will 
allow these individuals to occasionally work up to 16 consecutive hours 
and be allowed to return to work with less than the mandatory 10 
consecutive hours off duty.

DATES: This exemption is effective from April 17, 2014 (12:01 a.m.), 
through April 16, 2016 (11:59 p.m.).

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division, Office of Carrier, Driver and Vehicle 
Safety Standards, Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption 
from many of the safety regulations, including the HOS requirements in 
49 CFR part 395, for a two-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to, or 
greater than, the level of safety that would be achieved absent such 
exemption'' (49 CFR 381.305(a)).

Request for Exemption

    Under 49 CFR 395.3(a)(2), a property-carrying CMV driver is 
prohibited from operating a CMV on a public road after the end of the 
14th hour after coming on duty following 10 or more consecutive hours 
off duty.
    The initial RockTenn exemption application for relief from the HOS 
rule was submitted in 2009; a copy of the application is in the docket. 
That application fully described the nature of shipping operations 
encountered by CMV drivers employed by RockTenn. On April 17, 2012, the 
Agency granted RockTenn's current exemption from the HOS regulation 
that prohibits drivers from operating property-carrying commercial 
motor vehicles (CMVs) after the 14th hour after coming on duty. That 
exemption expires on April 16, 2014.
    RockTenn operates a paper mill located in Chattanooga, Tennessee, 
its principal place of business. Its shipping and receiving departments 
are on opposite sides of the paper mill, requiring driver-employees to 
travel on a public road to shuttle trailers as needed. These drivers 
utilize a public road--Compress Street--an average of forty times per 
day to travel between RockTenn's manufacturing facility, and shipping 
and receiving docks. These drivers do not transport any material 
farther than the paper mill lots and/or Compress Street. The distance 
traveled on Compress Street is approximately 275 feet in one direction, 
and one tractor is used to perform this work.
    RockTenn's shipping department currently works 12-hour shifts for 4 
days, and then allows employees 4 days off duty. The schedule is 
subject to change. Usually there are two shipping department employees 
on each shift. One employee drives a fork-lift truck loading trailers 
with finished goods, and the other operates the tractor shuttling 
trailers. These employees do not drive a CMV continuously during their 
shift(s).
    At times, RockTenn may operate on three 8-hour shifts with 
employees working a double (16-hour) shift when ``rotating back.'' 
According to RockTenn, the problem arises because of the double-shift, 
and also on occasion when a shipping department driver does not report 
for work as scheduled. On a Monday, for example, if an individual 
worked the weekend, his or her shift would normally have to ``hurry 
back'' within 8 hours. As a result of the mandatory 10 hours off-duty 
requirement for drivers, without the exemption RockTenn would be 
required to schedule these drivers' shifts to start later than other 
employees. This would create at least 2 hours when the company cannot 
load or transport trailers with finished goods due to the absence of 
the drivers. Furthermore, as a result of the 14-hour driving window, 
they would ``work short'' without the exemption, creating on-time 
delivery issues for other employees, who are allowed to work an entire 
``double shift'' (16 hours) when necessary.
    RockTenn requested a limited exemption from 49 CFR part 395 for its 
shipping department CMV drivers, as well as others with a valid CDL who 
on occasion must substitute, allowing all such drivers to drive as late 
as the 16th hour since coming on duty and return to work with a minimum 
of at least 8 hours off duty. If exempt from the normal HOS 
requirements, these employees could follow the same work schedule as 
other RockTenn employees on their shift, and would be able to work for 
the full 16 hours of a ``double shift.'' RockTenn could therefore 
minimize the chances of delayed shipments that might occur if their 
drivers were not allowed to work the same schedule as other employees.
    RockTenn acknowledged in its application that these drivers would 
still be subject to all of the other FMCSRs, including possessing a 
CDL, random drug testing, medical certification, and other driver-
qualification requirements.
    A copy of RockTenn's application for exemption renewal is available 
for review in the docket for this notice.

Comments

    On January 29, 2014 (79 FR 4802), FMCSA published notice of this 
application, and asked for public comment. The Agency received one 
comment. The commenter recommended that the exemption not be granted 
but did not provide a substantive basis for the recommendation.

FMCSA Decision

    The FMCSA has evaluated RockTenn's application for exemption and 
the public comment. The Agency believes that RockTenn's overall safety 
performance as reflected in its ``satisfactory'' safety rating, as well 
as a number of other factors discussed below, 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)).
    This exemption is being renewed under extremely narrow conditions. 
The exemption is restricted to CDL holders employed by RockTenn who are 
exclusively assigned to a specific route. This route is entirely on one 
street (Compress Street), between the shipping and receiving 
departments--approximately 275 feet in one direction. The CMVs operated 
by RockTenn's shipping department shuttle drivers will be exposed to 
travel on a public road for only very brief periods of time. Although 
two crashes were reported for two drivers of RockTenn's locations in 
Alabama and Kentucky RockTenn has experienced no crashes or other 
safety issues as a result of CMV operations conducted under its current 
exemption, which has been in effect since April 17, 2012.
    The exemption enables RockTenn's shipping department employees and 
occasional substitute CDL holders who transport paper mill products 
between the shipping and receiving locations to 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. This is comparable to current 
HOS regulations that allow certain ``short-haul'' drivers a 16-hour 
driving ``window'' once a week and other non-CDL short-haul drivers two 
16-hour duty periods per week, provided specified conditions are met. 
Furthermore, 49 CFR 381.305(a) specifies that motor carriers ``. . . 
may

[[Page 22573]]

apply for an exemption if one or more FMCSR prevents you from 
implementing more efficient or effective operations that would maintain 
a level of safety equivalent to, or greater than, the level achieved 
without the exemption.''

Terms of the Exemption

Period of the Exemption

    The exemption from the requirements of 49 CFR 395.3(a)(2) (the 
``14-hour rule'') is granted for the period from 12:01 a.m. on April 
17, 2014, through 11:59 p.m. on April 16, 2016, for drivers employed by 
RockTenn operating CMVs on Compress Street in Chattanooga, Tennessee, 
between the company's shipping and receiving departments.

Extent of the Exemption

    These drivers must comply will all other applicable provisions of 
the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31315(d), 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.

Notification to FMCSA

    RockTenn 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. Date of the accident,
    b. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    c. Drivers name and license number,
    d. Vehicle number and state license number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations, and
    i. The total driving time and total on-duty time period prior to 
the accident. Reports filed under this provision shall be emailed to 
MCPSD@DOT.GOV.

Termination

    FMCSA does not believe the drivers covered by this 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. The FMCSA will 
immediately revoke the exemption for failure to comply with its terms 
and conditions.

    Issued on: April 14, 2014.
William Bronrott,
 Deputy Administrator.
[FR Doc. 2014-09104 Filed 4-21-14; 8:45 am]
BILLING CODE 4910-EX-P