82 FR 48889 - Commercial Driver's License Standards: Application for Exemption; C.R. England
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 202 (October 20, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 202 (October 20, 2017)
| Page Range | 48889-48891 | |
| FR Document | 2017-22841 |
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)] [Notices] [Pages 48889-48891] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22841] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0406] Commercial Driver's License Standards: Application for Exemption; C.R. England AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to re-affirm renewal of an exemption granted to C.R. England 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 this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a commercial motor vehicle (CMV) for C.R. England 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 like other C.R. England team drivers. FMCSA has analyzed the public comments in response to the exemption renewal and has determined that the renewed exemption, subject to the terms and conditions imposed, will likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. [[Page 48890]] DATES: The exemption is effective from June 13, 2017, through June 12, 2022. FOR FURTHER INFORMATION CONTACT: Mr. Thomas 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 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 (up to 5 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Request for Exemption Renewal C.R. England's initial exemption application from the provisions of 49 CFR 383.25(a)(1) was submitted in 2014; a copy is in the docket identified at the beginning of this notice. The 2014 application described fully the nature of the C.R. England operations and CMV drivers. The exemption was granted on June 11, 2015 (80 FR 33329) and renewed for 5 years on June 12, 2017 (82 FR 26975). The exemption excuses C.R. England from the requirement that a driver accompanying a CLP holder must be physically present at all times in the front seat of a CMV, on the condition that the CLP holder has successfully passed an approved CDL skills test. C.R. England's 2014 application argued that the existing requirement is inefficient and unproductive, as the company must incur added expense to send the driver to his or her home State to collect a CDL document. C.R. England believed that FMCSA should renew the exemption for an additional 5-year period because it results in safer drivers. It allows C.R. England to foster a more productive and efficient training environment by allowing CLP holders to hone their recently acquired driving skills through on- the-job training and to begin earning an income right away, producing immediate benefits for the driver, the carrier, and the economy as a whole. Public Comments In response to the notice renewing the exemption, the Agency received six docket comments from truck drivers, driver-trainers, and other individuals, all opposing that decision. 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 vehicle. 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 CLPs and training in their State of domicile, they could immediately receive their CDL at the State driver licensing agency and begin driving a CMV without any on-board supervision. There is no evidence 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 in their State of domicile. C.R. England's overall safety performance is reflected in its ``satisfactory'' safety rating. The exemption is restricted to C.R. England'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. FMCSA therefore reaffirms its decision to renew the exemption because it will likely enable C.R. England drivers to achieve a level of safety equivalent to, or greater than, the level of safety achieved without the exemption (49 CFR 381.305(a)). 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 from June 13, 2017 through June 12, 2022. Extent of the Exemption The exemption is contingent upon C.R. England 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. 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 C.R. England 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: ``C.R. England'' 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, 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 [[Page 48891]] 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 29, 2017. Daphne Y. Jefferson, Deputy Administrator. [FR Doc. 2017-22841 Filed 10-19-17; 8:45 am] BILLING CODE 4910-EX-P
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instituted several technical and FMCSA safety ratings are prohibited In addition, if there are any injuries or
administrative controls to ensure the from using this exemption. fatalities, the carrier must forward the
efficient transportation of cargo police accident report to MCPSD@
Period of the Exemption
requiring protective services, controls DOT.GOV as soon as available.
that would remain in effect under the The exemption from the requirements
of 49 CFR 395.3(a)(3)(ii) is effective from Termination
requested exemption. They include the
following: 12:01 a.m., October 22, 2018, through The FMCSA does not believe the
• Conducting review of carrier 11:59 p.m., October 21, 2023. drivers covered by this exemption will
compliance requirements and experience any deterioration of their
Extent of the Exemption
procedures for moving hazardous cargo. safety record. However, should this
• Evaluating carrier authority to The exemption is restricted to SDDC’s occur, FMCSA will take all steps
operate on United States roadways. contract driver-employees transporting necessary to protect the public interest,
• Evaluating carrier compliance with security-sensitive materials. This including revocation or restriction of the
the Federal Motor Carrier Safety exemption is limited to the provisions exemption. The FMCSA will
Administration’s Compliance Safety of 49 CFR 395.3(a)(3)(ii) and allows immediately revoke or restrict the
Accountability Program Safety contract driver-employees transporting exemption for failure to comply with its
Measurement System standards. security-sensitive materials to be treated terms and conditions.
• Providing over-the-road vehicle the same as drivers transporting
Issued on: October 16, 2017.
surveillance. explosives, as provided in Section
Daphne Y. Jefferson,
• Inspecting carrier facilities and 395.1(q). These drivers are required to
comply with all other applicable Deputy Administrator.
corporate headquarters for compliance [FR Doc. 2017–22832 Filed 10–19–17; 8:45 am]
with DOD and DOT standards. provisions of the FMCSRs.
BILLING CODE 4910–EX–P
Further details regarding SDDC’s Preemption
safety controls can be found in its initial In accordance with 49 U.S.C.
application for exemption. The 31313(d), as implemented by 49 CFR DEPARTMENT OF TRANSPORTATION
application can be accessed in the 381.600, during the period this
docket identified at the beginning of this exemption is in effect, no State shall Federal Motor Carrier Safety
notice. SDDC asserts that granting the enforce any law or regulation applicable Administration
exemption would allow driver teams to to interstate commerce that conflicts
manage their en route rest periods [Docket No. FMCSA–2014–0406]
with or is inconsistent with this
efficiently and also perform mandated exemption with respect to a firm or Commercial Driver’s License
shipment security surveillance, person operating under the exemption. Standards: Application for Exemption;
resulting in both safe driving States may, but are not required to, C.R. England
performance and greater security of adopt the same exemption with respect
cargo during long-distance trips. to operations in intrastate commerce. AGENCY: Federal Motor Carrier Safety
SDDC anticipates no safety impacts Administration (FMCSA), DOT.
from this exemption and believes that FMCSA Accident Notification ACTION: Notice of final disposition; grant
its contract employee drivers should be SDDC must notify FMCSA within 5 of application for exemption.
allowed to follow the requirements in business days of any accidents (as
§ 395.1(q) when transporting shipments defined by 49 CFR 390.5) involving the SUMMARY: FMCSA announces its
of sensitive DOD cargo. SDDC believes operation of any of its CMVs while decision to re-affirm renewal of an
that shipments made under the utilizing this exemption. The exemption granted to C.R. England from
requested exemption would achieve a notification must be by email to the regulation that requires a
level of safety and security that is at MCPSD@DOT.GOV, and include the commercial learner’s permit (CLP)
least equivalent to that which would be following information: holder to be accompanied by a
obtained by following the normal break a. Name of the Exemption: ‘‘SDDC’’, commercial driver’s license (CDL)
requirement in § 395.3(a)(3)(ii). b. Date of the accident, holder with the proper CDL class and
SDDC indicated that approximately c. City or town, and State, in which endorsements, seated in the front seat of
1,942 power units and 3,000 drivers the accident occurred, or which is the vehicle while the CLP holder
would be covered by the exemption. closest to the scene of the accident, performs behind-the-wheel training on
The renewed exemption is effective for d. Driver’s name and driver’s license public roads or highways. Under this
5 years, the maximum period allowed State, number, and class, exemption, a CLP holder who has
by § 381.300. e. Co-Driver’s name and driver’s documentation of passing the CDL skills
license State, number, and class, test may drive a commercial motor
VI. Terms of the Exemption
f. Vehicle company number and vehicle (CMV) for C.R. England without
1. Drivers authorized by SDDC to power unit license plate State and being accompanied by a CDL holder in
utilize the exemption renewal, must number, the front seat of the vehicle. The
have a copy of the exemption document g. Number of individuals suffering exemption enables CLP holders to drive
in their possession while operating physical injury, as part of a team like other C.R. England
under the terms of the exemption. The h. Number of fatalities, team drivers. FMCSA has analyzed the
exemption document must be presented public comments in response to the
srobinson on DSKBC5CHB2PROD with NOTICES
i. The police-reported cause of the
to law enforcement officials upon accident, exemption renewal and has determined
request. j. Whether the driver was cited for that the renewed exemption, subject to
2. All motor carriers operating under violation of any traffic laws, or motor the terms and conditions imposed, will
this exemption must have a carrier safety regulations, and likely achieve a level of safety that is
‘‘Satisfactory’’ safety rating with k. The total driving time and the total equivalent to, or greater than, the level
FMCSA, or be ‘‘unrated;’’ motor carriers on-duty time of the CMV driver at the that would be achieved absent such
with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ time of the accident. exemption.
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occur, FMCSA will take all steps W44–322, Washington, DC 20590. (202) relating to their State or territory, using
necessary to protect the public interest, 366–2705. the described Web-based tool.
including revocation of the exemption. SUPPLEMENTARY INFORMATION: Number of Responses: The total
The FMCSA will immediately revoke OMB Control Number: 2127–0679. maximum number of responses is
the exemption for failure to comply Title: National 911 Profile Database. identified at 56 annually, including the
with its terms and conditions. Type of Review: Renewal/New of an 50 States and the six U.S. Territories of
Issued on: September 29, 2017.
information collection. Guam, U.S. Minor Outlying Islands,
Abstract: The National 911 Profile American Samoa, Mariana Islands, U.S.
Daphne Y. Jefferson, Database is funded by the National 911 Virgin Islands, and Puerto Rico.
Deputy Administrator. Program, which is housed within the Estimated Total Annual Burden: The
[FR Doc. 2017–22841 Filed 10–19–17; 8:45 am] Office of Emergency Medical Services at Agencies estimate that submitting
BILLING CODE 4910–EX–P the National Highway Traffic Safety responses to the questions included in
Administration, part of the U.S. the proposed survey instrument
Department of Transportation. The utilizing the Web-based tool would
DEPARTMENT OF TRANSPORTATION National 911 Program is proposing to require an average of 98 hours to collect,
continue to collect and aggregate aggregate and submit. Estimating the
National Highway Traffic Safety information from State level reporting
Administration maximum number of respondents at 56,
entities that can be used to measure the this would result in a total burden of
[Docket No. DOT–NHTSA–2014–0039] progress of 911 authorities across the 5,488 hours. The respondents would not
country in upgrading their existing incur any reporting costs from the
Notice and Request for Comments operations and migrating to—digital, information collection beyond the time
Internet-Protocol-based emergency it takes to gather the information,
AGENCY: National Highway Traffic
communication networks. The data will prepare it for reporting and then
Safety Administration (NHTSA),
be maintained in a ‘‘National 911 Profile populate the Web-based data collection
Department of Transportation (DOT).
Database.’’ One of the objectives of the tool. The respondents also would not
ACTION: Notice and request for National 911 Program is to develop,
comments. incur any recordkeeping burden or
collect, and disseminate information
recordkeeping costs from the
SUMMARY: The Department of concerning practices, procedures, and
information collection.
technology used in the implementation
Transportation (DOT) invites public • The total estimated costs to
comments about our intention to request of 911 services and to support 911
respondents or record-keepers are based
the Office of Management and Budget Public Safety Answering Points (PSAPs)
on the following:
and related State and local agencies for
(OMB) approval to renew an
911 deployment and operations. The • The total hour burden of the
information collection. Before a Federal collection of information equaling 5,488
agency can collect certain information National 911 Profile Database can be
used to follow the progress of 911 hours
from the public, it must receive
authorities in enhancing their existing • Respondents will be State, territory,
approval from the Office of Management and tribal government management
and Budget (OMB). Under procedures systems and implementing next-
generation networks for more advanced personnel. To estimate reasonable staff
established by the Paperwork Reduction expenses to respond to this information
Act of 1995, before seeking OMB systems. The information can also be
used to identify ways in which the collection, the Agencies reviewed the
approval, Federal agencies must solicit Bureau of Labor Statistics (BLS)
National 911 Program can support State
public comment on proposed Occupational Outlook Handbook and
and local 911 authorities in the
collections of information, including determined that the Administrative
transition process.
extensions and reinstatement of Affected Public: Under this proposed Services Manager description closely
previously approved collections. effort, the National 911 Program would aligns with the positions of recipient
DATES: Written comments should be specifically request reporting entities to staff responsible for completing this
submitted by December 19, 2017. voluntarily collect and annually report request. BLS lists a median salary of
ADDRESSES: You may submit comments the data described above utilizing a $86,100 annually, amounting to $41.40
[identified by Docket No. NHTSA– Web-based data collection tool. per hour.
2014–0039] through one of the Reporting entities are State level 911 • There are no capital, start-up, or
following methods: program officials, and the data reported annual operation and maintenance costs
• Federal eRulemaking Portal: http:// will reflect State-level aggregated data. involved in the collection of
www.regulations.gov. Follow the online The total maximum number of information.
instructions for submitting comments. respondents is identified at 56, • Total cost based on hour’s burden
• Fax: 1–202–493–2251. including the 50 States and the six U.S. equals $227,203.20.
• Mail or Hand Delivery: Docket Territories of Guam, U.S. Minor Public Comments Invited: You are
Management Facility, U.S. Department Outlying Islands, American Samoa, asked to comment on any aspect of this
of Transportation, 1200 New Jersey Mariana Islands, U.S. Virgin Islands, information collection, including (a)
Avenue SE., West Building, Room W12– and Puerto Rico. whether the proposed collection of
140, Washington, DC 20590, between 9 Estimated Number of Respondents: information is necessary for the
a.m. and 5 p.m., Monday through The total maximum number of Department’s performance; (b) the
Friday, except on Federal holidays. accuracy of the estimated burden; (c)
srobinson on DSKBC5CHB2PROD with NOTICES
respondents is identified at 56,
FOR FURTHER INFORMATION CONTACT: Ms. including the 50 States and the six U.S. ways for the Department to enhance the
Laurie Flaherty, Coordinator, National Territories of Guam, U.S. Minor quality, utility and clarity of the
911 Program, Office of Emergency Outlying Islands, American Samoa, information collection; and (d) ways
Medical Services, National Highway Mariana Islands, U.S. Virgin Islands, that the burden could be minimized
Traffic Safety Administration, U.S. and Puerto Rico. without reducing the quality of the
Department of Transportation, 1200 Frequency: The reporting entities will collected information. The agency will
New Jersey Avenue SE., NTI–140, Room be requested to submit data annually summarize and/or include your
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Document Created: 2017-10-20 00:05:58
Document Modified: 2017-10-20 00:05:58
| 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 final disposition; grant of application for exemption. | |
| Dates | The exemption is effective from June 13, 2017, through June 12, 2022. | |
| Contact | Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected] | |
| FR Citation | 82 FR 48889 |
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