81 FR 291 - Commercial Driver's License Standards: Application for Exemption; CRST Expedited (CRST)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 2 (January 5, 2016)

Page Range		291-292
FR Document		2015-33136

FMCSA announces that CRST Expedited (CRST) has applied for an exemption from the requirement in 49 CFR 383.25(a)(1) that requires a commercial learner's permit (CLP) holder to always be accompanied by a commercial driver's license (CDL) holder with the proper CDL class and endorsements seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. CRST requests an exemption to allow CLP holders who have successfully passed the CDL skills test to be able to drive a commercial motor vehicle (CMV) without having a CDL holder seated beside them in the CMV. CRST states that the CDL holder would remain in the CMV at all times while the CLP holder is driving, but not necessarily in the passenger seat. CRST believes that the exemption, if granted, would promote greater productivity and help individuals who have passed the CDL skills test return to actively earning a living faster while achieving a level of safety that is equivalent to or greater than the level of safety provided by complying with the regulations. FMCSA requests public comment on CRST's application for exemption.

Federal Register, Volume 81 Issue 2 (Tuesday, January 5, 2016)

[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Notices]
[Pages 291-292]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33136]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0480]


Commercial Driver's License Standards: Application for Exemption; 
CRST Expedited (CRST)

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that CRST Expedited (CRST) has applied for an 
exemption from the requirement in 49 CFR 383.25(a)(1) that requires a 
commercial learner's permit (CLP) holder to always be accompanied by a 
commercial driver's license (CDL) holder with the proper CDL class and 
endorsements seated in the front seat of the vehicle while the CLP 
holder performs behind-the-wheel training on public roads or highways. 
CRST requests an exemption to allow CLP holders who have successfully 
passed the CDL skills test to be able to drive a commercial motor 
vehicle (CMV) without having a CDL holder seated beside them in the 
CMV. CRST states that the CDL holder would remain in the CMV at all 
times while the CLP holder is driving, but not necessarily in the 
passenger seat. CRST believes that the exemption, if granted, would 
promote greater productivity and help individuals who have passed the 
CDL skills test return to actively earning a living faster while 
achieving a level of safety that is equivalent to or greater than the 
level of safety provided by complying with the regulations. FMCSA 
requests public comment on CRST's application for exemption.

DATES: Comments must be received on or before February 4, 2016

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2015-0480 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     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., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251
     Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time 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 Federal Docket Management System 
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 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 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4325. 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-2015-0480), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material 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 the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2015-0480'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. An option to upload a 
file is provided. 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 not grant this application based on your comments.

[[Page 292]]

II. 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)). 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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption

    CRST is one of the nation's largest transportation companies with a 
fleet of more than 4,500 commercial motor vehicles (CMVs). CRST seeks 
an exemption from 49 CFR 383.25(a)(1) that would allow CLP holders who 
have successfully passed a CDL skills test and are thus eligible to 
receive a CDL, to be able to drive without having a CDL holder seated 
beside them in the vehicle. CRST, however, indicates in their exemption 
request that the CDL holder will remain in the vehicle at all times 
while the CLP holder is driving--just not in the front seat. CRST 
further requests that the exemption include that the CLP holder could 
drive for the remainder of the time available on the driver's CLP 
before expiration, provided the driver can supply evidence of passing 
the CDL exam to law enforcement personnel. This would allow such a 
driver to operate more freely and in a way that benefits the driver, 
the carrier, and the economy as a whole.
    CRST states that FMCSA is aware that the trucking industry is 
facing a shortage of qualified and well-trained drivers to meet the 
ever-growing shipping demands. CRST believes that 49 CFR 383.25(a)(1) 
limits its ability to effectively recruit, train, and employ new 
entrants to the trucking industry. Prior to the implementation of 
section 383.25(a)(1), States routinely issued temporary CDLs to drivers 
who passed the CDL skills test. The temporary CDL allowed CRST time to 
route the new driver to his or her State of domicile to obtain a CDL, 
and to place the new driver into an on-the-job training position with a 
driver-trainer. In this scenario, a more experienced driver could 
mentor and observe the new driver, but was not required to be on duty 
and in the front seat at all times. Thus, the new driver could become 
productive immediately, allowing more freight movement for CRST and 
compensation for the new driver.
    CRST contends that compliance with the CDL rule places them in a 
very difficult position regarding how they return the CLP holder who 
has passed his or her skills testing back to their State of domicile to 
obtain their CDL. According to CRST, the two possible courses of action 
in this scenario are simple, yet costly: (1) CRST sends CLP holders to 
their home State by public transportation to obtain the CDL and hopes 
the drivers return to CRST for employment; and (2) CRST sends CLP 
holders back to their home State as passengers on one of its trucks. 
CRST goes on to detail the negative consequences of these courses of 
action, including: (1) The new drivers would suffer financially because 
it could be several days or even weeks before they obtain their home 
State CDL and are available to return to work; (2) safety would also be 
degraded in these situations because there will be a break in driving 
for CLP holders who have passed the skills test until they can receive 
their CDL and return to CRST to start work; (3) increased costs to CRST 
for public transportation to return CLP holders who have passed the 
skills test in another State to their home State for issuance of the 
CDL; (4) further financial loss as CRST would undoubtedly lose control 
of some CLP holders once they returned home and obtained their CDL--as 
they may find employment elsewhere, or in a different industry; and (5) 
if CRST elected to send CLP holders who have passed their skills test 
home on a CRST truck, CRST must operate at double the cost for half of 
the productivity.
    CRST asserts that the exemption is consistent with FMCSA's comments 
in the preamble to the final rule published on May 9, 2011, that 
promulgated 49 CFR 383.25(a). The Agency said: ``FMCSA does not believe 
that it is safe to permit inexperienced drivers who have not yet passed 
the CDL skills test to drive unaccompanied.'' (76 FR 26861). The 
exemption sought would apply only to those CRST drivers who have passed 
the CDL skills test and hold a CLP.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    CRST states that granting this exemption will result in a level of 
safety that is equal to or greater than the level of safety of the rule 
without the exemption. The practical result of the exemption is that a 
CLP holder who has passed a CDL skills test would be able to drive 
without the requirements of Sec.  383.25(a)(1) and begin immediate and 
productive on-the-job training. This allows these drivers to continue 
to use and sharpen their recently acquired driving skills and put them 
to work--in addition to immediately earning an income--under the 
mentoring and observation of a more experienced driver until they can 
return to their home State to be issued a CDL.
    In the June 11, 2015, Federal Register, FMCSA granted a similar 
exemption from 49 CFR 383.25(a)(1) to C.R. England, Inc. Under the 
terms and conditions of that exemption, a CLP holder who has 
documentation of passing the CDL skills test may drive a CMV for C.R. 
England without being accompanied by a CDL holder in the front seat. 
The Agency believed that C.R. England's request for exemption would 
achieve a level of safety that is equivalent to, or greater than, the 
level of safety achieved without the exemption (80 FR 33329).
    A copy of CRST's application for exemption is available for review 
in the docket for this notice.

    Issued on: December 18, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-33136 Filed 1-4-16; 8:45 am]
BILLING CODE 4910-EX-P

292 Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices

II. Legal Basis effectively recruit, train, and employ to drive unaccompanied.’’ (76 FR
FMCSA has authority under 49 U.S.C. new entrants to the trucking industry. 26861). The exemption sought would
31136(e) and 31315 to grant exemptions Prior to the implementation of section apply only to those CRST drivers who
from certain parts of the Federal Motor 383.25(a)(1), States routinely issued have passed the CDL skills test and hold
Carrier Safety Regulations. FMCSA must temporary CDLs to drivers who passed a CLP.
publish a notice of each exemption the CDL skills test. The temporary CDL
IV. Method To Ensure an Equivalent or
request in the Federal Register (49 CFR allowed CRST time to route the new
Greater Level of Safety
381.315(a)). The Agency must provide driver to his or her State of domicile to
obtain a CDL, and to place the new CRST states that granting this
the public an opportunity to inspect the exemption will result in a level of safety
driver into an on-the-job training
information relevant to the application, that is equal to or greater than the level
position with a driver-trainer. In this
including any safety analyses that have of safety of the rule without the
scenario, a more experienced driver
been conducted. The Agency must also exemption. The practical result of the
could mentor and observe the new
provide an opportunity for public exemption is that a CLP holder who has
driver, but was not required to be on
comment on the request. passed a CDL skills test would be able
duty and in the front seat at all times.
The Agency reviews safety analyses to drive without the requirements of
Thus, the new driver could become
and public comments submitted, and § 383.25(a)(1) and begin immediate and
productive immediately, allowing more
determines whether granting the productive on-the-job training. This
freight movement for CRST and
exemption would likely achieve a level allows these drivers to continue to use
compensation for the new driver.
of safety equivalent to, or greater than, CRST contends that compliance with and sharpen their recently acquired
the level that would be achieved by the the CDL rule places them in a very driving skills and put them to work—in
current regulation (49 CFR 381.305). difficult position regarding how they addition to immediately earning an
The decision of the Agency must be return the CLP holder who has passed income—under the mentoring and
published in the Federal Register (49 his or her skills testing back to their observation of a more experienced
CFR 381.315(b)) with the reasons for State of domicile to obtain their CDL. driver until they can return to their
denying or granting the application and, According to CRST, the two possible home State to be issued a CDL.
if granted, the name of the person or courses of action in this scenario are In the June 11, 2015, Federal Register,
class of persons receiving the simple, yet costly: (1) CRST sends CLP FMCSA granted a similar exemption
exemption, and the regulatory provision holders to their home State by public from 49 CFR 383.25(a)(1) to C.R.
from which the exemption is granted. transportation to obtain the CDL and England, Inc. Under the terms and
The notice must also specify the hopes the drivers return to CRST for conditions of that exemption, a CLP
effective period and explain the terms employment; and (2) CRST sends CLP holder who has documentation of
and conditions of the exemption. The holders back to their home State as passing the CDL skills test may drive a
exemption may be renewed (49 CFR passengers on one of its trucks. CRST CMV for C.R. England without being
381.300(b)). goes on to detail the negative accompanied by a CDL holder in the
III. Request for Exemption consequences of these courses of action, front seat. The Agency believed that
including: (1) The new drivers would C.R. England’s request for exemption
CRST is one of the nation’s largest suffer financially because it could be would achieve a level of safety that is
transportation companies with a fleet of several days or even weeks before they equivalent to, or greater than, the level
more than 4,500 commercial motor obtain their home State CDL and are of safety achieved without the
vehicles (CMVs). CRST seeks an available to return to work; (2) safety exemption (80 FR 33329).
exemption from 49 CFR 383.25(a)(1) would also be degraded in these A copy of CRST’s application for
that would allow CLP holders who have situations because there will be a break exemption is available for review in the
successfully passed a CDL skills test and in driving for CLP holders who have docket for this notice.
are thus eligible to receive a CDL, to be passed the skills test until they can Issued on: December 18, 2015.
able to drive without having a CDL receive their CDL and return to CRST to
holder seated beside them in the Larry W. Minor,
start work; (3) increased costs to CRST
vehicle. CRST, however, indicates in Associate Administrator for Policy.
for public transportation to return CLP
their exemption request that the CDL [FR Doc. 2015–33136 Filed 1–4–16; 8:45 am]
holders who have passed the skills test
holder will remain in the vehicle at all in another State to their home State for BILLING CODE 4910–EX–P
times while the CLP holder is driving— issuance of the CDL; (4) further financial
just not in the front seat. CRST further loss as CRST would undoubtedly lose
requests that the exemption include that DEPARTMENT OF TRANSPORTATION
control of some CLP holders once they
the CLP holder could drive for the returned home and obtained their National Highway Traffic Safety
remainder of the time available on the CDL—as they may find employment Administration
driver’s CLP before expiration, provided elsewhere, or in a different industry;
the driver can supply evidence of and (5) if CRST elected to send CLP [Docket No. DOT–NHTSA–2015–0051]
passing the CDL exam to law holders who have passed their skills test
enforcement personnel. This would home on a CRST truck, CRST must Notice and Request for Comments
allow such a driver to operate more operate at double the cost for half of the AGENCY: National Highway Traffic
freely and in a way that benefits the
asabaliauskas on DSK5VPTVN1PROD with NOTICES

productivity. Safety Administration (NHTSA), U.S.
driver, the carrier, and the economy as CRST asserts that the exemption is Department of Transportation (DOT).
a whole. consistent with FMCSA’s comments in ACTION: Notice and Request for
CRST states that FMCSA is aware that the preamble to the final rule published Comments.
the trucking industry is facing a on May 9, 2011, that promulgated 49
shortage of qualified and well-trained CFR 383.25(a). The Agency said: SUMMARY: The DOT invites public
drivers to meet the ever-growing ‘‘FMCSA does not believe that it is safe comments about our intention to request
shipping demands. CRST believes that to permit inexperienced drivers who the Office of Management and Budget
49 CFR 383.25(a)(1) limits its ability to have not yet passed the CDL skills test (OMB) approval for new information

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Document Created: 2016-01-05 01:46:53
Document Modified: 2016-01-05 01:46:53

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 February 4, 2016
Contact		For information concerning this notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		81 FR 291

81 FR 291 - Commercial Driver's License Standards: Application for Exemption; CRST Expedited (CRST)

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 2 (January 5, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration