81 FR 92947 - Commercial Driver's License Standards: Application for Exemption; New Prime, Inc. (Prime)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 244 (December 20, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 244 (December 20, 2016)
| Page Range | 92947-92949 | |
| FR Document | 2016-30633 |
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)] [Notices] [Pages 92947-92949] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30633] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 [Docket No. FMCSA-2016-0420] Commercial Driver's License Standards: Application for Exemption; New Prime, Inc. (Prime) AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that New Prime, Inc. (Prime) has applied for an exemption from the requirement in 49 CFR 383.25(a)(1) that a commercial learner's permit (CLP) holder must 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 is operating a commercial motor vehicle (CMV) on public roads or highways. Prime requests an exemption to allow CLP holders who have successfully passed the CDL skills test to be able to drive a CMV without having a CDL holder seated in the front seat beside them. Prime 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. Prime 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 Prime's application for exemption. DATES: Comments must be received on or before January 19, 2017. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2016-0420 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., 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 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 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. [[Page 92948]] FOR FURTHER INFORMATION CONTACT: For information concerning this notice, 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]. 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-2016-0420), 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-2016-0420'' 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. 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. 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 (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 and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Request for Exemption Prime 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 without having a CDL holder seated beside them in the CMV. Prime indicates that the CDL holder will remain in the CMV at all times while the CLP holder is driving--just not in the front seat. At present, Prime's compliance with 49 CFR 383.25(a)(1) delays the second phase of CMV training of its CLP holders who have passed the CDL skills test. Prime is one of the nation's largest transportation companies with a fleet of more than 7,500 CMVs. Prime advises that 2,500 to 3,500 CLP holders would operate under the terms of the exemption each year. The exemption application states that Sec. 383.25(a)(1) creates undue burdens on Prime and its CLP holders, while also contributing to the unprecedented driver shortage that continues to plague the commercial trucking industry. Presently, the constraints that Prime faces in adhering to the requirements of 49 CFR 383.25(a)(1) are exceptionally cost-intensive. Prior to the implementation of this section of the regulations, it was not uncommon for States to issue temporary CDLs to CLP holders for the return trip to collect the CDL document from their State of domicile. During that time, CDL holders were neither required to log themselves ``on duty'' when supervising the CLP holder who had a temporary CDL, nor were they required to remain in the passenger seat of the CMV. Under that scenario, the productivity of the CMV, the earnings capacity of the CDL and CLP holders, and the logistics of the motor carrier's freight network all went undisturbed. Under the current rule, however, carriers must staff two drivers in the cab of the tractor to accomplish the on-duty work of one. Prime contends that compliance with the CDL rule leaves it with only two options. It can either: (1) Secure some mode of public transportation to allow the CLP holder to collect his or her CDL document before returning to Prime; or (2) the company can route the driver to his or her State of domicile, often against the natural flow of the freight network. Prime argues that securing public transit for each of these CLP holders under Option 1 entails extreme cost burdens to the company; and option 2 is no more beneficial because routing CLP holders to their home States, commonly without reference to shipper demand, introduces extreme cost inefficiencies. Other reasons cited by Prime in support of the exemption request include: (1) CDL issuing agencies across States may require many days, if not weeks, to secure the CLP holder's licensure materials. CLP holders suffer great financial hardship during this waiting period. As commercial truck driving is already notorious for its high turnover rates, requiring such protracted waiting periods will greatly augment driver attrition levels. (2) A marked reduction of CLP holders' functional driving skills: CLP holders who are sidelined for many days or weeks will experience a material diminishment in their driving skills, as continuous experiential exposure to commercial driving is required to keep such skills suitably honed; and (3) The industry-wide driver shortage is exacerbated by the current rule. Prospective drivers who learn that they might have to wait several days and be inefficiently routed baci to their home State for CDL licensure, are less likely to enlist in the trucking profession. The exemption sought would apply only to those Prime drivers who have passed the CDL skills test and hold a valid CLP. IV. Method To Ensure an Equivalent or Greater Level of Safety Prime states that granting this exemption will result in a level of safety that is equal to or greater than the level of safety 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 complying with Sec. 383.25(a)(1) and begin immediate and productive [[Page 92949]] on-the-job operation of a CMV on a public road or highway. Anyone who obtained training and took the CDL skills test near his or her home could go directly to the licensing agency, collect the CDL, and begin driving without onboard supervision. It is only when the new driver completes the training and testing in another State that the trip back to obtain the CDL from the State of residence becomes problematic. Allowing CLP holders who have passed the skills test to function as a team driver on the trip home enables these new operators to continue to sharpen their driving skills under the mentoring and observation of a more experienced driver--and they immediately earn an income. FMCSA has granted an exemption similar to the Prime request on two prior occasions. In the September 23, 2016, Federal Register, FMCSA granted a similar exemption from 49 CFR 383.25(a)(1) to CRST Expedited (81 FR 65696). In the June 11, 2015, Federal Register, FMCSA also granted this exemption to C.R. England, Inc. (80 FR 33329). Under the terms and conditions of both of these exemptions, a CLP holder who has documentation of passing the CDL skills test may drive a CMV for either of these companies without being accompanied by a CDL holder in the front seat of the vehicle. The Agency believed that both of these requests for exemption would achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. A copy of Prime's application for exemption is available for review in the docket for this notice. Issued on: December 15, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-30633 Filed 12-19-16; 8:45 am] BILLING CODE 4910-EX-P
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John M. Warden (TX) monitoring and have not exhibited any to allow CLP holders who have
Donald E. Weadon (MD) medical issues that would compromise successfully passed the CDL skills test
Douglas W. Williams (TN) their ability to safely operate a CMV to be able to drive a CMV without
The drivers were included in Docket during the previous 2-year exemption having a CDL holder seated in the front
No. FMCSA–2010–0288. Their period. seat beside them. Prime states that the
exemptions are effective as of November These factors provide an adequate CDL holder would remain in the CMV
16, 2016 and will expire on November basis for predicting each driver’s ability at all times while the CLP holder is
16, 2018. to continue to drive safely in interstate driving, but not necessarily in the
As of November 22, 2016, and in commerce. Therefore, FMCSA passenger seat. Prime believes that the
accordance with 49 U.S.C. 31136(e) and concludes that extending the exemption exemption, if granted, would promote
31315, the following 21 individuals for each of the 71 drivers for a period greater productivity and help
have satisfied the renewal conditions for of two years is likely to achieve a level individuals who have passed the CDL
obtaining an exemption from the rule of safety equal to that existing without skills test return to actively earning a
prohibiting drivers with ITDM from the exemption. The drivers were living faster, while achieving a level of
driving CMVs in interstate commerce. included in docket numbers FMCSA– safety that is equivalent to or greater
(79 FR 63214; 80 FR 1070): 2010–0288; FMCSA–2012–0281; than the level of safety provided by
Jeffrey S. Argabright (OH) FMCSA–2014–0306; FMCSA–2014– complying with the regulations. FMCSA
James L. Crane (MS) 0307. requests public comment on Prime’s
Donald L. Feltman (MN) In accordance with 49 U.S.C. 31315, application for exemption.
Benjamin T. Filip (ND) each exemption will be valid for two DATES: Comments must be received on
Harold L. Gomez (LA) years from the effective date unless or before January 19, 2017.
Arthur M. Gonzalez (TX) revoked earlier by FMCSA. The ADDRESSES: You may submit comments
William T. Jensen (NJ) exemption will be revoked if the identified by Federal Docket
Robert W. Johnson, Sr. (NY) following occurs: (1) The person fails to Management System (FDMS) Number
Joseph J. Karas (NJ) comply with the terms and conditions FMCSA–2016–0420 by any of the
Randy C. Lee (NY) of the exemption; (2) the exemption has following methods:
John R. Miller II (OR) resulted in a lower level of safety than • Federal eRulemaking Portal:
Robert A. Nicolai (MO) was maintained prior to being granted; www.regulations.gov. See the Public
William P. Pearson, II (WI) or (3) continuation of the exemption Participation and Request for Comments
Alan M. Primus (IA) would not be consistent with the goals section below for further information.
Danny L. Reimers (NM) and objectives of 49 U.S.C. 31136 and • Mail: Docket Management Facility,
Michael L. Reynolds (NC) 31315. U.S. Department of Transportation, 1200
Samuel H. Schmidt (MN) New Jersey Avenue SE., West Building,
Issued on: December 8, 2016.
Timothy W. Selk (AK) Ground Floor, Room W12–140,
Larry W. Minor, Washington, DC 20590–0001.
Dennis J. Stanley (WI)
Steven M. Weimer (PA) Associate Administrator for Policy. • Hand Delivery or Courier: West
Michael L. Westbury (SC) [FR Doc. 2016–30589 Filed 12–19–16; 8:45 am] Building, Ground Floor, Room W12–
The drivers were included in Docket BILLING CODE 4910–EX–P 140, 1200 New Jersey Avenue SE.,
No. FMCSA–2014–0307. Their between 9 a.m. and 5 p.m., Monday
exemptions are effective as of November through Friday, except Federal holidays.
DEPARTMENT OF TRANSPORTATION • Fax: 1–202–493–2251.
22, 2016 and will expire on November
• Each submission must include the
22, 2018. Federal Motor Carrier Safety Agency name and the docket number for
As of November 26, 2016, and in Administration this notice. Note that DOT posts all
accordance with 49 U.S.C. 31136(e) and comments received without change to
31315, the following 9 individuals have 49 CFR Part 395 www.regulations.gov, including any
satisfied the renewal conditions for personal information included in a
obtaining an exemption from the rule [Docket No. FMCSA–2016–0420]
comment. Please see the Privacy Act
prohibiting drivers with ITDM from heading below.
driving CMVs in interstate commerce. Commercial Driver’s License
Standards: Application for Exemption; Docket: For access to the docket to
(77 FR 59447; 77 FR 70529): read background documents or
New Prime, Inc. (Prime)
Charles E. Castle (OH) comments, go to www.regulations.gov at
Larry W. Dearing (IN) AGENCY: Federal Motor Carrier Safety any time or visit Room W12–140 on the
Bradley E. DeWitt (WA) Administration (FMCSA), DOT. ground level of the West Building, 1200
Leonard R. Dobosenski (MN) ACTION: Notice of application for New Jersey Avenue SE., Washington,
Michael L. Kiefer (SD) exemption; request for comments. DC, between 9 a.m. and 5 p.m., ET,
Marcus J. Kyle (IA) Monday through Friday, except Federal
Robert C. Moore (PA) SUMMARY: FMCSA announces that New holidays. The on-line FDMS is available
Jedediaha C. Record (WY) Prime, Inc. (Prime) has applied for an 24 hours each day, 365 days each year.
Jessie L. Webster (KY) exemption from the requirement in 49 Privacy Act: In accordance with 5
The drivers were included in Docket CFR 383.25(a)(1) that a commercial U.S.C. 553(c), DOT solicits comments
No. FMCSA–2012–0281. Their learner’s permit (CLP) holder must be from the public to better inform its
mstockstill on DSK3G9T082PROD with NOTICES
exemptions are effective as of November accompanied by a commercial driver’s rulemaking process. DOT posts these
26, 2016 and will expire on November license (CDL) holder with the proper comments, without edit, including any
26, 2018. CDL class and endorsements seated in personal information the commenter
Each of the 71 drivers in the the front seat of the vehicle while the provides, to www.regulations.gov, as
aforementioned groups qualifies for a CLP holder is operating a commercial described in the system of records
renewal of the exemption. They have motor vehicle (CMV) on public roads or notice (DOT/ALL–14 FDMS), which can
maintained their required medical highways. Prime requests an exemption be reviewed at www.dot.gov/privacy.
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![Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92949
on-the-job operation of a CMV on a individuals from its rule prohibiting addressed, stamped envelope or
public road or highway. Anyone who persons with insulin-treated diabetes postcard or print the acknowledgement
obtained training and took the CDL mellitus (ITDM) from operating page that appears after submitting
skills test near his or her home could go commercial motor vehicles (CMVs) in comments on-line.
directly to the licensing agency, collect interstate commerce. FMCSA has Privacy Act: Anyone may search the
the CDL, and begin driving without statutory authority to exempt electronic form of all comments
onboard supervision. It is only when the individuals from this rule if the received into any of our dockets by the
new driver completes the training and exemptions granted will not name of the individual submitting the
testing in another State that the trip compromise safety. The Agency has comment (or of the person signing the
back to obtain the CDL from the State concluded that granting these comment, if submitted on behalf of an
of residence becomes problematic. exemption renewals will provide a level association, business, labor union, etc.).
Allowing CLP holders who have passed of safety that is equivalent to or greater You may review DOT’s Privacy Act
the skills test to function as a team than the level of safety maintained Statement for the Federal Docket
driver on the trip home enables these without the exemptions for these CMV Management System (FDMS) published
new operators to continue to sharpen drivers. in the Federal Register on January 17,
their driving skills under the mentoring DATES: Each group of renewed
2008 (73 FR 3316).
and observation of a more experienced exemptions was effective from the dates FOR FURTHER INFORMATION CONTACT: Ms.
driver—and they immediately earn an stated in the discussions below. Christine A. Hydock, Chief, Medical
income. Comments must be received on or Programs Division, 202–366–4001,
FMCSA has granted an exemption before January 19, 2017. fmcsamedical@dot.gov, FMCSA,
similar to the Prime request on two Department of Transportation, 1200
ADDRESSES: You may submit comments
prior occasions. In the September 23, New Jersey Avenue SE., Room W64–
bearing the Federal Docket Management
2016, Federal Register, FMCSA granted 113, Washington, DC 20590–0001.
System (FDMS) numbers: Docket No.
a similar exemption from 49 CFR Office hours are from 8 a.m. to 5:30 p.m.
FMCSA–2010–0083; FMCSA–2010–
383.25(a)(1) to CRST Expedited (81 FR e.t., Monday through Friday, except
0115; FMCSA–2010–0138; FMCSA–
65696). In the June 11, 2015, Federal Federal holidays.
2012–0108; FMCSA–2012–0109;
Register, FMCSA also granted this FMCSA–2014–0016; FMCSA–2014– SUPPLEMENTARY INFORMATION:
exemption to C.R. England, Inc. (80 FR 0017, using any of the following Background
33329). Under the terms and conditions methods:
of both of these exemptions, a CLP Under 49 U.S.C. 31136(e) and 31315,
• Federal eRulemaking Portal: Go to FMCSA may renew an exemption from
holder who has documentation of http://www.regulations.gov. Follow the
passing the CDL skills test may drive a the Federal Motor Carrier Safety
on-line instructions for submitting Regulations 2-year period if it finds
CMV for either of these companies comments.
without being accompanied by a CDL ‘‘such exemption would likely achieve a
• Mail: Docket Management Facility; level of safety that is equivalent to or
holder in the front seat of the vehicle. U.S. Department of Transportation, 1200
The Agency believed that both of these greater than the level that would be
New Jersey Avenue SE., West Building achieved absent such exemption.’’ The
requests for exemption would achieve a Ground Floor, Room W12–140,
level of safety that is equivalent to, or statute also allows the Agency to renew
Washington, DC 20590–0001. exemptions at the end of the 2-year
greater than, the level of safety achieved • Hand Delivery or Courier: West
without the exemption. period. The 174 individuals listed in
Building Ground Floor, Room W12–140, this notice have recently become
A copy of Prime’s application for 1200 New Jersey Avenue SE.,
exemption is available for review in the eligible for a renewed exemption from
Washington, DC, between 9 a.m. and 5 the diabetes prohibition in 49 CFR
docket for this notice. p.m. e.t., Monday through Friday, 391.41(b)(3), which applies to drivers of
Issued on: December 15, 2016. except Federal Holidays. CMVs in interstate commerce. The
Larry W. Minor, • Fax: 1–202–493–2251. drivers remain in good standing with
Associate Administrator for Policy. Instructions: Each submission must the Agency, have maintained their
[FR Doc. 2016–30633 Filed 12–19–16; 8:45 am] include the Agency name and the required medical monitoring and have
BILLING CODE 4910–EX–P docket number for this notice. Note that not exhibited any medical issues that
DOT posts all comments received would compromise their ability to safely
without change to http:// operate a CMV during the previous 2-
DEPARTMENT OF TRANSPORTATION www.regulations.gov, including any year exemption period.
personal information included in a
Federal Motor Carrier Safety comment. Please see the Privacy Act Exemption Decision
Administration heading below. This notice addresses 174 individuals
[Docket No. FMCSA–2010–0083; FMCSA– Docket: For access to the docket to who have requested renewal of their
2010–0115; FMCSA–2010–0138; FMCSA– read background documents or exemptions in accordance with FMCSA
2012–0108; FMCSA–2012–0109; FMCSA– comments, go to http:// procedures. These 174 drivers remain in
2014–0016; FMCSA–2014–0017] www.regulations.gov at any time or good standing with the Agency, have
Room W12–140 on the ground level of maintained their required medical
Qualification of Drivers; Exemption the West Building, 1200 New Jersey monitoring and have not exhibited any
Applications; Diabetes Avenue SE., Washington, DC, between 9 medical issues that would compromise
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY: Federal Motor Carrier Safety a.m. and 5 p.m. e.t, Monday through their ability to safely operate a CMV
Administration (FMCSA), DOT. Friday, except Federal holidays. The during the previous 2-year exemption
ACTION: Notice of renewal of Federal Docket Management System period. Therefore, FMCSA has decided
exemptions; request for comments. (FDMS) is available 24 hours each day, to extend each exemption for a
365 days each year. If you want renewable two-year period. Each
SUMMARY: FMCSA announces its acknowledgment that we received your individual is identified according to the
decision to renew the exemptions of 174 comments, please include a self- renewal date.
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Document Created: 2018-02-14 09:10:10
Document Modified: 2018-02-14 09:10:10
| 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 January 19, 2017. | |
| Contact | For information concerning this notice, 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] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 81 FR 92947 |
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