Hours of Service of Drivers: WestRock Exemption; FAST Act Extension of Compliance Date

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
25 July 2016

[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Page 48496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17462]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0027]


Hours of Service of Drivers: WestRock Exemption; FAST Act 
Extension of Compliance Date

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

ACTION: Notice; extension of exemption.

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SUMMARY: FMCSA announces the extension of the exemption granted to 
WestRock, formerly known as RockTenn, on April 17, 2014, for short 
trips to their loading docks. The Agency extends the expiration date 
from April 17, 2014 to April 16, 2019, in response to the ``Fixing 
America's Surface Transportation Act'' (FAST Act). That Act extends the 
expiration date of hours-of-service (HOS) exemptions in effect on the 
date of enactment of the FAST Act to 5 years from the date of issuance 
of the exemptions. The WestRock exemption from the Agency's 14 hour 
rule is limited to WestRock drivers operating commercial motor vehicles 
(CMVs) between WestRock shipping and receiving departments only, on the 
public road (Compress Street). The Agency previously determined that 
the CMV operations of WestRock's drivers under this exemption would 
likely achieve a level of safety equivalent to or greater than the 
level of safety that would be obtained in the absence of the exemption.

DATES: This limited exemption is effective from April 17, 2014 through 
April 16, 2019.

SUPPLEMENTARY INFORMATION:

Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register [49 CFR 381.315(a)].
    Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend any 
exemption from any provision of the HOS regulations under 49 CFR part 
395 that was in effect on the date of enactment of the Act to a period 
of 5 years from the date the exemption was granted. The exemption may 
be renewed. Because this action merely implements a statutory mandate 
that took effect on the date of enactment of the FAST Act, notice and 
comment are not required.

WestRock Exemption

    WestRock, a motor carrier formerly known as RockTenn, applied for a 
limited exemption from the prohibition 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 [49 CFR 395.3(a)(2)] on behalf of 
their shipping department employees operating CMVs.
    FMCSA reviewed WestRock's application and the public comments and 
concluded that limiting the exemption to CDL holders employed by 
WestRock who are exclusively assigned to a specific route, and may 
operate a CMV on a public road past the 14-hour limit, will promote 
safety at least as effectively as the ``14-hour rule.'' These drivers 
operate like certain short-haul drivers, who are already permitted a 
16-hour driving ``window'' once a week and other non-CDL short-haul 
drivers who are allowed two 16-hour duty periods per week. WestRock 
held a similar 2-year exemption from 2012-2014. A Notice of Final 
Determination granting the WestRock exemption was published on April 
22, 2014 [79 FR 22571].
    The substance of the exemption is not affected by this extension. 
The exemption covers only the ``14 hour rule'' [49 CFR 
395.3(a)(3)(ii)]. The exemption is restricted to drivers employed by 
WestRock operating CMVs on a specified route. On each trip, the CMV 
must only travel on the public road (Compress Street)--approximately 
275 feet in one direction--between WestRock's shipping and receiving 
departments. The exemption enables WestRock's shipping department 
drivers and occasional substitute CDL holders who transport paper mill 
products between WestRock's shipping and receiving locations on 
Compress Street to work up to 16 hours in a day and return to work with 
a minimum of at least 8 hours off duty.
    The FMCSA does not believe the safety record of any driver 
operating under this exemption will deteriorate. However, should 
deterioration in safety occur, FMCSA will take all steps necessary to 
protect the public interest, including revocation of the exemption. The 
FMCSA has the authority to terminate the exemption at any time the 
Agency has the data/information to conclude that safety is being 
compromised.

    Issued on: July 14, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17462 Filed 7-22-16; 8:45 am]
 BILLING CODE 4910-EX-P