83 FR 33291 - Hours of Service of Drivers: Waste Management Holdings, Inc.; Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 137 (July 17, 2018)

Page Range		33291-33292
FR Document		2018-15264

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 air-mile 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.

Federal Register, Volume 83 Issue 137 (Tuesday, July 17, 2018)

[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33291-33292]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15264]



[[Page 33291]]

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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 
air-mile 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: [email protected]. 
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 8\1/2\ 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, 
self-addressed 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 short-haul 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

[[Page 33292]]

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 employee-driver 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

33292 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices

they require excessive interaction. The DEPARTMENT OF TRANSPORTATION acknowledgment that we received your
exemption application states that, as a comments, please include a self-
result of frequent stops to pick up trash, Federal Motor Carrier Safety addressed, stamped envelope or
its drivers re required to interact with Administration postcard or print the acknowledgement
the ELD ‘‘hundreds if not thousands of page that appears after submitting
[Docket No. FMCSA–2018–0014]
times a day.’’ WMH asserts that ELDs comments online.
are not designed for such operations and Qualification of Drivers; Exemption Privacy Act: In accordance with 5
that they lack ‘‘a provision for blocking Applications; Vision U.S.C. 553(c), DOT solicits comments
service time.’’ WMH also states that the from the public to better inform its
ELDs do not accurately capture the duty AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
status of its drivers. According to the Administration (FMCSA), DOT. comments, without edit, including any
application, WMH has been actively ACTION: Notice of applications for personal information the commenter
working with its ELD provider to exemption; request for comments. provides, to http://www.regulations.gov,
improve ELD performance in this as described in the system of records
environment, but that progress has been SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
limited. WMH also asserts that the applications from 13 individuals for an be reviewed at http://www.dot.gov/
excessive driver-ELD interaction exemption from the vision requirement privacy.
impacts ‘‘driver safety and the safety of in the Federal Motor Carrier Safety
FOR FURTHER INFORMATION CONTACT: Ms.
the communities we serve.’’ Regulations (FMCSRs) to operate a
Christine A. Hydock, Chief, Medical
WMH notes that certain CMV drivers commercial motor vehicle (CMV) in
Programs Division, (202) 366–4001,
may already operate up to 14 hours interstate commerce. If granted, the
fmcsamedical@dot.gov, FMCSA,
without forfeiting short-haul status, for exemptions will enable these
Department of Transportation, 1200
example those in the ready-mixed individuals to operate CMVs in
New Jersey Avenue SE, Room W64–224,
concrete industry [49 CFR interstate commerce without meeting
Washington, DC 20590–0001. Office
395.1(e)(1)(ii)(B)] or the asphalt-paving the vision requirement in one eye.
hours are 8:30 a.m. to 5 p.m., e.t.,
business [83 FR 3864, Jan. 26, 2018]. It DATES: Comments must be received on Monday through Friday, except Federal
asserts that WMH’s operations are or before August 16, 2018. holidays. If you have questions
similar to these industries because its ADDRESSES: You may submit comments regarding viewing or submitting
drivers ‘‘spend a significant portion of bearing the Federal Docket Management material to the docket, contact Docket
their days conducting non-driving System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
duties.’’ It states that WMH anticipates 2018–0014 using any of the following SUPPLEMENTARY INFORMATION:
‘‘no reduction in safety from the methods:
exemption requested, and a potential for • Federal eRulemaking Portal: Go to I. Background
increased safety due to reduced [driver] http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
distraction.’’ online instructions for submitting FMCSA may grant an exemption from
WMH cites its fatigue management comments. the FMCSRs for a five-year period if it
program as further evidence that • Mail: Docket Management Facility; finds ‘‘such exemption would likely
operations with the exemption in place U.S. Department of Transportation, 1200 achieve a level of safety that is
would equal or exceed the level of New Jersey Avenue SE, West Building equivalent to or greater than the level
safety under the current HOS Ground Floor, Room W12–140, that would be achieved absent such
regulations. This program includes the Washington, DC 20590–0001. exemption.’’ The statute also allows the
use of video event recorders triggered by • Hand Delivery: West Building Agency to renew exemptions at the end
unusual events suggestive of driver Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
fatigue, like aggressive braking, steering, New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
or acceleration. When WMH’s DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
assessment of the recording indicates Monday through Friday, except Federal duration of a driver’s medical
that driver fatigue is involved, WMH Holidays. certification.
managers may discipline the driver. • Fax: 1–202–493–2251. The 13 individuals listed in this
More commonly, WMH managers assess Instructions: Each submission must notice have requested an exemption
the driver’s overall lifestyle and health, include the Agency name and the from the vision requirement in 49 CFR
including his or her off-duty activities docket number(s) for this notice. Note 391.41(b)(10). Accordingly, the Agency
and medical history, and counsel the that all comments received will be will evaluate the qualifications of each
individual on changes he or she can posted without change to http:// applicant to determine whether granting
undertake to ameliorate fatigue. WMH www.regulations.gov, including any an exemption will achieve the required
managers also ride with each employee- personal information provided. Please level of safety mandated by statute.
driver several times a year to observe his see the Privacy Act heading below for The physical qualification standard
or her performance. further information. for drivers regarding vision found in 49
WMH requests a 5-year exemption. Docket: For access to the docket to CFR 391.41(b)(10) states that a person is
WMH’s application for exemption, read background documents or physically qualified to drive a CMV if
including a list of its 84 operating comments, go to http:// that person has distant visual acuity of
companies, is available for review in the www.regulations.gov at any time or at least 20/40 (Snellen) in each eye
daltland on DSKBBV9HB2PROD with NOTICES

docket for this notice. Room W12–140 on the ground level of without corrective lenses or visual
the West Building, 1200 New Jersey acuity separately corrected to 20/40
Issued on: June 22, 2018. Avenue SE, Washington, DC, between 9 (Snellen) or better with corrective
Larry W. Minor, a.m. and 5 p.m., e.t., Monday through lenses, distant binocular acuity of at
Associate Administrator for Policy. Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with
[FR Doc. 2018–15264 Filed 7–16–18; 8:45 am] FDMS is available 24 hours each day, or without corrective lenses, field of
BILLING CODE 4910–EX–P 365 days each year. If you want vision of at least 70° in the horizontal

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Document Created: 2018-07-17 01:39:38
Document Modified: 2018-07-17 01:39:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of application for exemption; request for comments.
Dates		Comments must be received on or before August 16, 2018.
Contact		For information concerning this notice, please contact Mr. Robert Schultz, FMCSA Driver and Carrier Operations Division; Telephone: (202) 366-2718; Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		83 FR 33291

83 FR 33291 - Hours of Service of Drivers: Waste Management Holdings, Inc.; Application for Exemption

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 137 (July 17, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration