81_FR_65881 81 FR 65696 - Commercial Driver's License Standards: Application for Exemption; CRST Expedited

81 FR 65696 - Commercial Driver's License Standards: Application for Exemption; CRST Expedited

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 185 (September 23, 2016)

Page Range65696-65698
FR Document2016-22961

FMCSA announces its decision to grant CRST Expedited (CRST) an exemption from the regulation that requires a commercial learner's permit (CLP) holder to 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. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a commercial motor vehicle (CMV) for CRST without being accompanied by a CDL holder in the front seat of the vehicle. The exemption enables CLP holders to drive as part of a team and have the same regulatory flexibility as CRST team drivers with CDLs. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016)
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65696-65698]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22961]


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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

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

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

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

SUMMARY: FMCSA announces its decision to grant CRST Expedited (CRST) an 
exemption from the regulation that requires a commercial learner's 
permit (CLP) holder to 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. Under the terms and 
conditions of this exemption, a CLP holder who has documentation of 
passing the CDL skills test may drive a commercial motor vehicle (CMV) 
for CRST without being accompanied by a CDL holder in the front seat of 
the vehicle. The exemption enables CLP holders to drive as part of a 
team and have the same regulatory flexibility as CRST team drivers with 
CDLs. FMCSA has analyzed the exemption application and the public 
comments and has determined that the exemption, subject to the terms 
and conditions imposed, will achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved absent 
such exemption.

DATES: The exemption is effective from September 23, 2016 through 
September 24, 2018.

FOR FURTHER INFORMATION CONTACT: Mr. Tom Yager, Chief, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: (614) 942-6477. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from some 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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption, and 
explain the terms and conditions of the exemption. The exemption may be 
renewed (49 CFR 381.300(b)).

Request for Exemption

    CRST is one of the nation's largest transportation companies with a 
fleet of more than 4,500 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 drive a 
truck without a CDL holder being present in the front seat of the 
vehicle. CRST indicates that the CDL holder will remain in the vehicle 
at all times while the CLP holder is driving--just not in the front 
seat. This would allow a CLP holder to participate in a revenue-
producing trip back to his or her State of domicile to obtain the CDL 
document, as the CDL can only be issued by the State of domicile in 
accordance with 49 CFR part 383.
    CRST noted the trucking industry's need for qualified and well-
trained drivers to meet increasing shipping demands. CRST believes that 
49 CFR 383.25(a)(1) limits its ability to efficiently recruit, train, 
and employ new entrants to the industry. Prior to the implementation of 
section 385.25(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 the 
permanent CDL and place the new driver into an on-the-job training 
position with a driver-trainer. The driver-trainer supervised and 
observed the new driver, but was not required to be on duty and in the 
front seat at all times. Thus, the new driver became 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 CLP holders who have 
passed their skills testing 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; or (2) CRST sends CLP holders 
back to their home State as passengers on one of its trucks. Granting 
the exemption would allow the CLP holder to drive as part of a team on 
that trip, resulting in reduced costs and increased productivity.
    CRST asserts that the exemption would be consistent with the 
Agency's comments in the preamble to the final rule adopting Sec.  
383.25 that ``FMCSA does not believe that it is safe to permit 
inexperienced drivers who have not passed the CDL skills test to drive 
unaccompanied.'' (76 FR 26854, 26861 May 9, 2011). The exemption sought 
would apply only to those CRST drivers who have passed the CDL skills 
test and hold a CLP. CRST believes that the exemption would result in a 
level of safety that is equivalent to or greater than the level of 
safety provided under the rule. The only difference between a CLP 
holder who has passed the CDL skills test and a CDL holder is that the 
latter has received the actual CDL document from a State driver 
licensing agency.

Public Comments

    On January 5, 2016, FMCSA published notice of this application and 
requested public comment (81 FR 291). The Agency received 56 comments. 
Most of the comments opposed to the CRST request were from truck 
drivers, driver-trainers, and other individuals. These respondents do 
not believe that it is safe for a CLP holder to operate a CMV without 
the supervision of a CDL driver-trainer in the front seat of the truck.
    The Iowa Motor Truck Association (IMTA) supported the exemption 
request, commenting that if CLP holders are properly trained and 
tested, the fact that they have not yet obtained their

[[Page 65697]]

CDL credential would in no way compromise the safety of the operation. 
IMTA added that granting this exemption would enhance the productivity 
while maintaining the safety of CRST's operation. It would also give 
the applicant flexibility to allow a CLP holder who has successfully 
passed all CDL exams to operate more freely and in a way that benefits 
the driver, the carrier and the economy as a whole. According to IMTA, 
one of the issues with the current CLP rule is the fact that it's not 
always convenient to allow the CLP driver to return to their home state 
immediately after completing training and passing their CDL exam. The 
exemption would allow these drivers to join a team operation, and give 
CRST the time to get CLP holders through their State of domicile at a 
future time to complete the conversion of the CLP to a CDL. IMTA is 
confident in the safety and performance of CRST and believe that, if 
granted, these drivers would operate safely within the terms of their 
exemption.
    Opposing the exemption were three industry groups, the Advocates 
for Highway and Auto Safety (Advocates), the Owner-Operator Independent 
Drivers Association (OOIDA), and the International Brotherhood of 
Teamsters (IBT).
    Advocates commented that ``FMCSA must reject the CRST application 
because it undermines existing Federal safety regulations, and will 
usurp the exclusive authority of states to determine who should be 
granted commercial driving privileges associated with the issuance of a 
CDL. The Application also fails to evaluate any potential safety risk 
to the public or address alternative means of pursuing the goal of the 
exemption. The Application appears to be an obvious attempt to increase 
company profits while ignoring the potentially significant increase in 
truck crash risk to the motoring public.''
    OOIDA believes the exemption sought by CRST is not in the interest 
of highway safety, will put OOIDA members who share the road with these 
poorly trained drivers at risk, and fails to demonstrate that an 
exemption would result in ``a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent such exemption'' 
as set forth in 49 U.S.C. 31315(b). Further, OOIDA states that CRST 
does not demonstrate that it is ``significantly burdened'' by the 
existing regulation and rather only demonstrates a desire to increase 
productivity and preserve CRST's current business practices. OOIDA 
finds the request fails to meet the applicable standards the FMCSA must 
consider and is ill-timed, considering FMCSA is currently reviewing 
entry-level driver training standards.
    In a similar vein, IBT commented, ``It is clear from CRST's 
application that it is more concerned about saving money and retaining 
the investment that it has made in the training of the driver than 
making sure that the CLP holder receives the proper mentoring and 
supervision needed for first time CLP holders while they gather their 
behind-the-wheel training. Neither the DOT nor the FMCSA should 
entertain the relaxing of important safety standards so that motor 
carriers have a better opportunity to retain drivers that they have 
trained. The idea that a driver may not return to the company that 
provided his/her training has more to do with overall pay and benefits 
that the motor carrier may be offering in the long term than the time 
or distance traveled for the CLP holder to obtain a CDL from the CLP 
holder's home state in the short term. Neither should it be a goal of 
the DOT or FMCSA to `promote greater productivity' for a motor carrier 
or allow CLP holders to `actively earn a living faster.' The 
department's goal should be safety. Finally, the IBT feels strongly 
that there is no substituting the skills test for behind-the-wheel 
training of CLP holders by experienced CDL holders in the front seat of 
the CMV.''

FMCSA Response and Decision

    The premise of respondents opposing the exemption is that CLP 
holders lack experience and are safer drivers when observed by a CDL 
driver-trainer who is on duty and in the front seat of the vehicle. The 
fact is that CLP holders who have passed the CDL skills test are 
qualified and eligible to obtain a CDL. If these CLP holders had 
obtained their training and CLPs in their State of domicile, they could 
immediately obtain their CDL at the State driver licensing agency and 
begin driving a CMV without any on-board supervision. There is no data 
showing that having a CDL holder accompany a CLP holder who has passed 
the skills test improves safety. Because these drivers have passed the 
CDL skills test, the only thing necessary to obtain the CDL is to visit 
the Department of Motor Vehicles office in their State of domicile.
    FMCSA has evaluated CRST's application for exemption and the public 
comments. The Agency believes that CRST's overall safety performance, 
as reflected in its ``satisfactory'' safety rating, will 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)). The 
exemption is restricted to CRST's CLP holders who have documentation 
that they have passed the CDL skills test. The exemption will enable 
these drivers to operate a CMV as a team driver without requiring the 
accompanying CDL holder be on duty and in the front seat while the 
vehicle is moving.

Terms and Conditions of the Exemption

Period of the Exemption

    This exemption from the requirements of 49 CFR 383.25(a)(1) is 
effective during the period of September 23, 2016 through September 24, 
2018.

Extent of the Exemption

    The exemption is contingent upon CRST maintaining USDOT 
registration, minimum levels of public liability insurance, and not 
being subject to any ``imminent hazard'' or other out-of- service (OOS) 
order issued by FMCSA. Each driver covered by the exemption must 
maintain a valid driver's license and CLP with the required 
endorsements, not be subject to any OOS order or suspension of driving 
privileges, and meet all physical qualifications required by 49 CFR 
part 391.
    This exemption from 49 CFR 383.25(a)(1) will allow CRST drivers who 
hold a CLP and have successfully passed a CDL skills test, to drive a 
CMV without a CDL holder being present in the front seat of the 
vehicle. The CDL holder must remain in the vehicle at all times while 
the CLP holder is driving--just not in the front seat.

Preemption

    During the period this exemption is in effect, no State may enforce 
any law or regulation that conflicts with or is inconsistent with the 
exemption with respect to a person or entity operating under the 
exemption (49 U.S.C. 31315(d)).

FMCSA Accident Notification

    CRST must notify FMCSA within 5 business days of any accidents (as 
defined by 49 CFR 390.5) involving the operation of any of its CMVs 
while utilizing this exemption. The notification must be by email to 
[email protected], and include the following information:

a. Exemption Identifier: ``CRST''
b. Date of the accident,
c. City or town, and State, in which the accident occurred, or which is 
closest to the scene of the accident,
d. Driver's name and driver's license number,
e. Vehicle number and State license number,

[[Page 65698]]

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, or 
motor carrier safety regulations, and
j. The total driving time and the total on-duty time of the CMV driver 
at the time of the accident.

Termination

    The FMCSA does not believe the CLP-holders 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. The FMCSA will 
immediately revoke the exemption for failure to comply with its terms 
and conditions.

    Issued on: September 12, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-22961 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                65696                       Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices

                                                Federal programs and activities apply to this           Background                                            obtain the permanent CDL and place the
                                                program.)                                                                                                     new driver into an on-the-job training
                                                                                                           FMCSA has authority under 49 U.S.C.
                                                   Authority: 23 U.S.C. 139(l)(1)                       31136(e) and 31315 to grant exemptions                position with a driver-trainer. The
                                                  Issued on: September 12, 2016.                        from some of the Federal Motor Carrier                driver-trainer supervised and observed
                                                                                                        Safety Regulations. FMCSA must                        the new driver, but was not required to
                                                Peter Osborn,
                                                                                                        publish a notice of each exemption                    be on duty and in the front seat at all
                                                Division Administrator, Federal Highway                                                                       times. Thus, the new driver became
                                                Administration, Albany, New York.                       request in the Federal Register (49 CFR
                                                                                                        381.315(a)). The Agency must provide                  productive immediately, allowing more
                                                [FR Doc. 2016–22700 Filed 9–22–16; 8:45 am]                                                                   freight movement for CRST and
                                                                                                        the public an opportunity to inspect the
                                                BILLING CODE 4910–RY–P                                                                                        compensation for the new driver.
                                                                                                        information relevant to the application,
                                                                                                                                                                 CRST contends that compliance with
                                                                                                        including any safety analyses that have               the CDL rule places them in a very
                                                DEPARTMENT OF TRANSPORTATION                            been conducted. The Agency must also                  difficult position regarding how they
                                                                                                        provide an opportunity for public                     return CLP holders who have passed
                                                Federal Motor Carrier Safety                            comment on the request.                               their skills testing to their State of
                                                Administration                                             The Agency reviews the safety                      domicile to obtain their CDL. According
                                                                                                        analyses and the public comments, and                 to CRST, the two possible courses of
                                                [Docket No. FMCSA–2015–0480]                            determines whether granting the                       action in this scenario are simple, yet
                                                                                                        exemption would likely achieve a level                costly: (1) CRST sends CLP holders to
                                                Commercial Driver’s License                             of safety equivalent to, or greater than,             their home State by public
                                                Standards: Application for Exemption;                   the level that would be achieved by the               transportation to obtain the CDL and
                                                CRST Expedited                                          current regulation (49 CFR 381.305).                  hopes the drivers return to CRST for
                                                                                                        The decision of the Agency must be                    employment; or (2) CRST sends CLP
                                                AGENCY:Federal Motor Carrier Safety                     published in the Federal Register (49                 holders back to their home State as
                                                Administration (FMCSA), DOT.                            CFR 381.315(b)) with the reason for the               passengers on one of its trucks. Granting
                                                ACTION: Notice of final disposition; grant              grant or denial, and, if granted, the                 the exemption would allow the CLP
                                                of application for exemption.                           specific person or class of persons                   holder to drive as part of a team on that
                                                                                                        receiving the exemption, and the                      trip, resulting in reduced costs and
                                                SUMMARY:    FMCSA announces its                         regulatory provision or provisions from               increased productivity.
                                                decision to grant CRST Expedited                        which exemption is granted. The notice                   CRST asserts that the exemption
                                                (CRST) an exemption from the                            must also specify the effective period of             would be consistent with the Agency’s
                                                regulation that requires a commercial                   the exemption, and explain the terms                  comments in the preamble to the final
                                                learner’s permit (CLP) holder to be                     and conditions of the exemption. The                  rule adopting § 383.25 that ‘‘FMCSA
                                                accompanied by a commercial driver’s                    exemption may be renewed (49 CFR                      does not believe that it is safe to permit
                                                license (CDL) holder with the proper                    381.300(b)).                                          inexperienced drivers who have not
                                                CDL class and endorsements, seated in                   Request for Exemption                                 passed the CDL skills test to drive
                                                the front seat of the vehicle while the                                                                       unaccompanied.’’ (76 FR 26854, 26861
                                                                                                           CRST is one of the nation’s largest                May 9, 2011). The exemption sought
                                                CLP holder performs behind-the-wheel
                                                                                                        transportation companies with a fleet of              would apply only to those CRST drivers
                                                training on public roads or highways.
                                                                                                        more than 4,500 CMVs. CRST seeks an                   who have passed the CDL skills test and
                                                Under the terms and conditions of this
                                                                                                        exemption from 49 CFR 383.25(a)(1)                    hold a CLP. CRST believes that the
                                                exemption, a CLP holder who has
                                                                                                        that would allow CLP holders who have                 exemption would result in a level of
                                                documentation of passing the CDL skills
                                                                                                        successfully passed a CDL skills test and             safety that is equivalent to or greater
                                                test may drive a commercial motor
                                                                                                        are thus eligible to receive a CDL, to                than the level of safety provided under
                                                vehicle (CMV) for CRST without being
                                                                                                        drive a truck without a CDL holder                    the rule. The only difference between a
                                                accompanied by a CDL holder in the
                                                                                                        being present in the front seat of the                CLP holder who has passed the CDL
                                                front seat of the vehicle. The exemption
                                                                                                        vehicle. CRST indicates that the CDL                  skills test and a CDL holder is that the
                                                enables CLP holders to drive as part of
                                                                                                        holder will remain in the vehicle at all              latter has received the actual CDL
                                                a team and have the same regulatory
                                                                                                        times while the CLP holder is driving—                document from a State driver licensing
                                                flexibility as CRST team drivers with
                                                                                                        just not in the front seat. This would                agency.
                                                CDLs. FMCSA has analyzed the
                                                                                                        allow a CLP holder to participate in a
                                                exemption application and the public                                                                          Public Comments
                                                                                                        revenue-producing trip back to his or
                                                comments and has determined that the
                                                                                                        her State of domicile to obtain the CDL                  On January 5, 2016, FMCSA
                                                exemption, subject to the terms and
                                                                                                        document, as the CDL can only be                      published notice of this application and
                                                conditions imposed, will achieve a level
                                                                                                        issued by the State of domicile in                    requested public comment (81 FR 291).
                                                of safety that is equivalent to, or greater
                                                                                                        accordance with 49 CFR part 383.                      The Agency received 56 comments.
                                                than, the level that would be achieved                     CRST noted the trucking industry’s                 Most of the comments opposed to the
                                                absent such exemption.                                  need for qualified and well-trained                   CRST request were from truck drivers,
                                                DATES: The exemption is effective from                  drivers to meet increasing shipping                   driver-trainers, and other individuals.
                                                September 23, 2016 through September                    demands. CRST believes that 49 CFR                    These respondents do not believe that it
                                                24, 2018.                                               383.25(a)(1) limits its ability to                    is safe for a CLP holder to operate a
                                                                                                        efficiently recruit, train, and employ
sradovich on DSK3GMQ082PROD with NOTICES




                                                FOR FURTHER INFORMATION CONTACT:    Mr.                                                                       CMV without the supervision of a CDL
                                                                                                        new entrants to the industry. Prior to                driver-trainer in the front seat of the
                                                Tom Yager, Chief, FMCSA Driver and
                                                                                                        the implementation of section                         truck.
                                                Carrier Operations Division; Office of
                                                                                                        385.25(a)(1), States routinely issued                    The Iowa Motor Truck Association
                                                Carrier, Driver and Vehicle Safety
                                                                                                        temporary CDLs to drivers who passed                  (IMTA) supported the exemption
                                                Standards; Telephone: (614) 942–6477.
                                                                                                        the CDL skills test. The temporary CDL                request, commenting that if CLP holders
                                                Email: MCPSD@dot.gov.
                                                                                                        allowed CRST time to route the new                    are properly trained and tested, the fact
                                                SUPPLEMENTARY INFORMATION:                              driver to his or her State of domicile to             that they have not yet obtained their


                                           VerDate Sep<11>2014   18:22 Sep 22, 2016   Jkt 238001   PO 00000   Frm 00075   Fmt 4703   Sfmt 4703   E:\FR\FM\23SEN1.SGM   23SEN1


                                                                            Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices                                           65697

                                                CDL credential would in no way                          FMCSA must consider and is ill-timed,                 381.305(a)). The exemption is restricted
                                                compromise the safety of the operation.                 considering FMCSA is currently                        to CRST’s CLP holders who have
                                                IMTA added that granting this                           reviewing entry-level driver training                 documentation that they have passed
                                                exemption would enhance the                             standards.                                            the CDL skills test. The exemption will
                                                productivity while maintaining the                         In a similar vein, IBT commented, ‘‘It             enable these drivers to operate a CMV
                                                safety of CRST’s operation. It would also               is clear from CRST’s application that it              as a team driver without requiring the
                                                give the applicant flexibility to allow a               is more concerned about saving money                  accompanying CDL holder be on duty
                                                CLP holder who has successfully passed                  and retaining the investment that it has              and in the front seat while the vehicle
                                                all CDL exams to operate more freely                    made in the training of the driver than               is moving.
                                                and in a way that benefits the driver, the              making sure that the CLP holder
                                                                                                        receives the proper mentoring and                     Terms and Conditions of the Exemption
                                                carrier and the economy as a whole.
                                                According to IMTA, one of the issues                    supervision needed for first time CLP                 Period of the Exemption
                                                with the current CLP rule is the fact that              holders while they gather their behind-                  This exemption from the
                                                it’s not always convenient to allow the                 the-wheel training. Neither the DOT nor               requirements of 49 CFR 383.25(a)(1) is
                                                CLP driver to return to their home state                the FMCSA should entertain the                        effective during the period of September
                                                immediately after completing training                   relaxing of important safety standards so             23, 2016 through September 24, 2018.
                                                and passing their CDL exam. The                         that motor carriers have a better
                                                exemption would allow these drivers to                  opportunity to retain drivers that they               Extent of the Exemption
                                                join a team operation, and give CRST                    have trained. The idea that a driver may                 The exemption is contingent upon
                                                the time to get CLP holders through                     not return to the company that provided               CRST maintaining USDOT registration,
                                                their State of domicile at a future time                his/her training has more to do with                  minimum levels of public liability
                                                to complete the conversion of the CLP                   overall pay and benefits that the motor               insurance, and not being subject to any
                                                to a CDL. IMTA is confident in the                      carrier may be offering in the long term              ‘‘imminent hazard’’ or other out-of-
                                                safety and performance of CRST and                      than the time or distance traveled for                service (OOS) order issued by FMCSA.
                                                believe that, if granted, these drivers                 the CLP holder to obtain a CDL from the               Each driver covered by the exemption
                                                would operate safely within the terms of                CLP holder’s home state in the short                  must maintain a valid driver’s license
                                                their exemption.                                        term. Neither should it be a goal of the              and CLP with the required
                                                   Opposing the exemption were three                    DOT or FMCSA to ‘promote greater                      endorsements, not be subject to any
                                                industry groups, the Advocates for                      productivity’ for a motor carrier or allow            OOS order or suspension of driving
                                                Highway and Auto Safety (Advocates),                    CLP holders to ‘actively earn a living                privileges, and meet all physical
                                                the Owner-Operator Independent                          faster.’ The department’s goal should be              qualifications required by 49 CFR part
                                                Drivers Association (OOIDA), and the                    safety. Finally, the IBT feels strongly               391.
                                                International Brotherhood of Teamsters                  that there is no substituting the skills                 This exemption from 49 CFR
                                                (IBT).                                                  test for behind-the-wheel training of                 383.25(a)(1) will allow CRST drivers
                                                   Advocates commented that ‘‘FMCSA                     CLP holders by experienced CDL                        who hold a CLP and have successfully
                                                must reject the CRST application                        holders in the front seat of the CMV.’’               passed a CDL skills test, to drive a CMV
                                                because it undermines existing Federal                                                                        without a CDL holder being present in
                                                safety regulations, and will usurp the                  FMCSA Response and Decision
                                                                                                                                                              the front seat of the vehicle. The CDL
                                                exclusive authority of states to                           The premise of respondents opposing                holder must remain in the vehicle at all
                                                determine who should be granted                         the exemption is that CLP holders lack                times while the CLP holder is driving—
                                                commercial driving privileges                           experience and are safer drivers when                 just not in the front seat.
                                                associated with the issuance of a CDL.                  observed by a CDL driver-trainer who is
                                                The Application also fails to evaluate                  on duty and in the front seat of the                  Preemption
                                                any potential safety risk to the public or              vehicle. The fact is that CLP holders                    During the period this exemption is in
                                                address alternative means of pursuing                   who have passed the CDL skills test are               effect, no State may enforce any law or
                                                the goal of the exemption. The                          qualified and eligible to obtain a CDL.               regulation that conflicts with or is
                                                Application appears to be an obvious                    If these CLP holders had obtained their               inconsistent with the exemption with
                                                attempt to increase company profits                     training and CLPs in their State of                   respect to a person or entity operating
                                                while ignoring the potentially                          domicile, they could immediately                      under the exemption (49 U.S.C.
                                                significant increase in truck crash risk to             obtain their CDL at the State driver                  31315(d)).
                                                the motoring public.’’                                  licensing agency and begin driving a
                                                   OOIDA believes the exemption sought                  CMV without any on-board supervision.                 FMCSA Accident Notification
                                                by CRST is not in the interest of                       There is no data showing that having a                   CRST must notify FMCSA within 5
                                                highway safety, will put OOIDA                          CDL holder accompany a CLP holder                     business days of any accidents (as
                                                members who share the road with these                   who has passed the skills test improves               defined by 49 CFR 390.5) involving the
                                                poorly trained drivers at risk, and fails               safety. Because these drivers have                    operation of any of its CMVs while
                                                to demonstrate that an exemption would                  passed the CDL skills test, the only                  utilizing this exemption. The
                                                result in ‘‘a level of safety that is                   thing necessary to obtain the CDL is to               notification must be by email to
                                                equivalent to, or greater than, the level               visit the Department of Motor Vehicles                MCPSD@DOT.GOV, and include the
                                                that would be achieved absent such                      office in their State of domicile.                    following information:
                                                exemption’’ as set forth in 49 U.S.C.                      FMCSA has evaluated CRST’s                         a. Exemption Identifier: ‘‘CRST’’
                                                31315(b). Further, OOIDA states that                    application for exemption and the
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                                                                                                                                                              b. Date of the accident,
                                                CRST does not demonstrate that it is                    public comments. The Agency believes                  c. City or town, and State, in which the
                                                ‘‘significantly burdened’’ by the existing              that CRST’s overall safety performance,                    accident occurred, or which is
                                                regulation and rather only demonstrates                 as reflected in its ‘‘satisfactory’’ safety                closest to the scene of the accident,
                                                a desire to increase productivity and                   rating, will enable it to achieve a level             d. Driver’s name and driver’s license
                                                preserve CRST’s current business                        of safety that is equivalent to, or greater                number,
                                                practices. OOIDA finds the request fails                than, the level of safety achieved                    e. Vehicle number and State license
                                                to meet the applicable standards the                    without the exemption (49 CFR                              number,


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                                                65698                       Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices

                                                f. Number of individuals suffering                      Toone, Information Collection Clearance               collection activities on the public by
                                                     physical injury,                                   Officer, Office of Information                        automated, electronic, mechanical, or
                                                g. Number of fatalities,                                Technology, RAD–20, FRA, 1200 New                     other technological collection
                                                h. The police-reported cause of the                     Jersey Avenue SE., Mail Stop 35,                      techniques or other forms of information
                                                     accident,                                          Washington, DC 20590. Commenters                      technology (e.g., permitting electronic
                                                i. Whether the driver was cited for                     requesting that FRA acknowledge                       submission of responses). See 44 U.S.C.
                                                     violation of any traffic laws, or                  receipt of their respective comments                  3506(c)(2)(A); 5 CFR 1320.8(d)(1). FRA
                                                     motor carrier safety regulations, and              must include a self-addressed stamped                 believes that soliciting public comment
                                                j. The total driving time and the total                 postcard stating, ‘‘Comments on OMB                   will advance three objectives: (1)
                                                     on-duty time of the CMV driver at                  Control Number 2130–0590’’ and                        Reduce reporting burdens; (2) ensure
                                                     the time of the accident.                          should also include the title of the                  that it organizes information collection
                                                                                                        collection of information. Alternatively,             requirements in a ‘‘user friendly’’ format
                                                Termination
                                                                                                        comments may be faxed to (202) 493–                   to improve the use of such information;
                                                  The FMCSA does not believe the CLP-                   6216 or (202) 493–6497, or emailed to                 and (3) accurately assess the resources
                                                holders covered by the exemption will                   Mr. Brogan at Robert.Brogan@dot.gov, or               expended to retrieve and produce
                                                experience any deterioration of their                   to Ms. Toone at Kim.Toone@dot.gov.                    information requested. See 44 U.S.C.
                                                safety record. However, should this                     Please refer to the assigned OMB control              3501.
                                                occur, FMCSA will take all steps                        number in any correspondence                             Below is a brief summary of the
                                                necessary to protect the public interest,               submitted. FRA will summarize                         currently approved information
                                                including revocation of the exemption.                  comments received in response to this                 collection activities that FRA will be
                                                The FMCSA will immediately revoke                       notice in a subsequent notice and                     submitting for clearance by OMB as
                                                the exemption for failure to comply                     include them in its information                       required under the PRA:
                                                with its terms and conditions.                          collection submission to OMB for
                                                                                                                                                                 Title: Alleged Violation Reporting
                                                  Issued on: September 12, 2016.                        approval.
                                                                                                                                                              Form.
                                                T.F. Scott Darling, III,                                FOR FURTHER INFORMATION CONTACT: Mr.                     OMB Control Number: 2130–0590.
                                                Administrator.                                          Robert Brogan, Information Collection                    Abstract: The Alleged Violation
                                                [FR Doc. 2016–22961 Filed 9–22–16; 8:45 am]             Clearance Officer, Regulatory Analysis                Reporting Form is a response to section
                                                BILLING CODE 4910–EX–P
                                                                                                        Division, RRS–21, Federal Railroad                    307(b) of the Rail Safety Improvement
                                                                                                        Administration, 1200 Jersey Avenue                    Act of 2008 that requires FRA to
                                                                                                        SE., Mail Stop 25, Washington, DC                     ‘‘provide a mechanism for the public to
                                                DEPARTMENT OF TRANSPORTATION                            20590 (telephone: (202) 493–6292) or                  submit written reports of potential
                                                                                                        Ms. Kim Toone, Information Collection                 violations of Federal railroad safety and
                                                Federal Railroad Administration                         Clearance Officer, Office of Information              hazardous materials transportation laws,
                                                                                                        Technology, RAD–20, Federal Railroad
                                                [Docket No. FRA–2010–0002–N–23]                                                                               regulations, and orders to the Federal
                                                                                                        Administration, 1200 New Jersey
                                                                                                                                                              Railroad Administration.’’ The Alleged
                                                Proposed Agency Information                             Avenue SE., Mail Stop 35, Washington,
                                                                                                                                                              Violation Reporting Form allows the
                                                Collection Activities; Comment                          DC 20590 (telephone: (202) 493–6132).
                                                                                                                                                              general public to submit alleged
                                                Request                                                 (These telephone numbers are not toll
                                                                                                                                                              violations directly to FRA. The form’s
                                                                                                        free.)
                                                AGENCY: Federal Railroad                                                                                      goal is to allow FRA to collect
                                                                                                        SUPPLEMENTARY INFORMATION: The PRA,                   information necessary to investigate the
                                                Administration (FRA), Department of                     44 U.S.C. 3501–3520, and its
                                                Transportation (DOT).                                                                                         alleged violation and to follow up with
                                                                                                        implementing regulations, 5 CFR part                  the submitting party.
                                                ACTION: Notice and request for                          1320, require Federal agencies to                        The Alleged Violation Reporting Form
                                                comments.                                               provide 60-days’ notice to the public for             collects the name, phone number, and
                                                                                                        comment on information collection                     email address of the person submitting
                                                SUMMARY:    Under the Paperwork
                                                                                                        activities before seeking approval for                the alleged violation; the preferred
                                                Reduction Act of 1995 (PRA) and its                     reinstatement or renewal by OMB. See
                                                implementing regulations, FRA seeks                                                                           method by which to contact the person;
                                                                                                        44 U.S.C. 3506(c)(2)(A); 5 CFR                        the railroad or company name that
                                                renewal of the following currently                      1320.8(d)(1), 1320.10(e)(1), 1320.12(a).
                                                approved information collection                                                                               committed the alleged violation; the
                                                                                                        Specifically, FRA invites interested                  date and time the alleged violation
                                                activities. Before submitting the                       respondents to comment on the
                                                information collection requirements for                                                                       occurred; the location the alleged
                                                                                                        following summary of proposed                         violation occurred; and details about the
                                                clearance by the Office of Management                   information collection activities
                                                and Budget (OMB), FRA is soliciting                                                                           violation. All information is voluntary.
                                                                                                        regarding: (1) Whether the information                FRA will collect the information
                                                public comment on specific aspects of                   collection activities are necessary for
                                                the activities identified in this notice.                                                                     through a form on the FRA public Web
                                                                                                        FRA to properly execute its functions,                site. FRA may share the information
                                                DATES: Comments must be received no                     including whether the activities will
                                                later than November 22, 2016.                                                                                 collected with FRA employees, State
                                                                                                        have practical utility; (2) the accuracy of           department of transportation partners,
                                                ADDRESSES: Submit written comments                      FRA’s estimates of the burden of the                  and law enforcement agencies.
                                                on the following proposed activities by                 information collection activities,
                                                mail to either: Mr. Robert Brogan,                      including the validity of the                            Form Number(s): FRA F 6180.151.
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                                                Information Collection Clearance                        methodology and assumptions used to                      Affected Public: U.S. Residents.
                                                Officer, Office of Railroad Safety,                     determine the estimates; (3) ways for                    Respondent Universe: 1,000
                                                Regulatory Analysis Division, RRS–21,                   FRA to enhance the quality, utility, and              individuals.
                                                Federal Railroad Administration, 1200                   clarity of the information being                         Frequency of Submission: On
                                                New Jersey Avenue SE., Mail Stop 25,                    collected; and (4) ways for FRA to                    occasion.
                                                Washington, DC 20590, or Ms. Kim                        minimize the burden of information                       Reporting Burden:



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Document Created: 2016-09-23 01:43:28
Document Modified: 2016-09-23 01:43:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition; grant of application for exemption.
DatesThe exemption is effective from September 23, 2016 through September 24, 2018.
ContactMr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (614) 942-6477. Email: [email protected]
FR Citation81 FR 65696 

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