83_FR_39649 83 FR 39495 - Commercial Driver's License Standards: Application for Exemption; CRST Expedited (CRST)

83 FR 39495 - Commercial Driver's License Standards: Application for Exemption; CRST Expedited (CRST)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 154 (August 9, 2018)

Page Range39495-39496
FR Document2018-17063

FMCSA announces that it has received an application from CRST Expedited (CRST) for a renewal of its 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 operates it on public roads or highways. The exemption renewal would allow CLP holders who have passed the skills test but not yet received the CDL document to drive a CRST commercial motor vehicle (CMV) accompanied by a CDL holder who is not necessarily in the passenger seat, provided the driver has documentation of passing the skills test. CRST currently holds an exemption for the period September 23, 2016 through September 24, 2018. FMCSA requests public comment on CRST's application for exemption.

Federal Register, Volume 83 Issue 154 (Thursday, August 9, 2018) 
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39495-39496]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17063]



[[Page 39495]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0480]


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

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

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

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SUMMARY: FMCSA announces that it has received an application from CRST 
Expedited (CRST) for a renewal of its 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 operates it on public roads or highways. 
The exemption renewal would allow CLP holders who have passed the 
skills test but not yet received the CDL document to drive a CRST 
commercial motor vehicle (CMV) accompanied by a CDL holder who is not 
necessarily in the passenger seat, provided the driver has 
documentation of passing the skills test. CRST currently holds an 
exemption for the period September 23, 2016 through September 24, 2018. 
FMCSA requests public comment on CRST's application for exemption.

DATES: Comments must be received on or before September 10, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2015-0480 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
     Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line Federal Docket Management System 
is available 24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: (202) 366-4225. Email: [email protected]. If 
you have questions on viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2015-0480), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2015-0480'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. An option to upload a 
file is provided. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the facility, please 
enclose a stamped, self-addressed postcard or envelope. FMCSA will 
consider all comments and material received during the comment period 
and may grant or not grant this application based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption Renewal

    CRST's initial exemption application from the provisions of 49 CFR 
383.25(a)(1) was submitted in 2015; a copy is in the docket identified 
at the beginning of this notice. That 2015 application describes fully 
the nature of CRST's operations and CMV drivers. The exemption was 
granted on September 23, 2016 (81 FR 65696). CRST now requests a 
renewal of the exemption.
    The current exemption excuses CRST 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. CRST's 2015 
application argued that the existing requirement is inefficient and

[[Page 39496]]

unproductive, as the company must incur added expense to send the 
driver to his or her home State to collect a CDL document. Under the 
rule, the driver is not only unable to utilize newly acquired driving 
skills, but must also forego compensation before obtaining a CDL. CRST 
believes that FMCSA should renew the exemption for an additional 5-year 
period because it results in safer drivers. It allows CRST 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.

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

    CRST states that the exemption does not negatively affect safety 
outcomes. Instead, the exemption allows drivers trained out-of-State to 
obtain on-the-job experience in CRST's comprehensive training program 
while avoiding significant delays and skill degradation. The exemption 
creates immediate economic and safety benefits for both the CLP holders 
and CRST--drivers earn an income as part of a team operation while 
improving their driver skills and gaining valuable experience.
    CRST indicated in its renewal application that data show that 
drivers utilizing the exemption demonstrated better safety outcomes 
than non-exempt drivers. Through the end of 2016, CRST reported zero 
accidents to FMCSA involving drivers utilizing the exemption.
    In the June 12, 2017, Federal Register, FMCSA granted the renewal 
of a similar exemption from 49 CFR 383.25(a)(1) to C.R. England, Inc. 
(C.R. England) for a five-year period. Under the terms and conditions 
of that exemption, a CLP holder who has documentation of passing the 
CDL skills test may drive a CMV for C.R. England without being 
accompanied by a CDL holder in the front seat. The Agency believed that 
C.R. England's request for exemption would achieve a level of safety 
that is equivalent to, or greater than, the level of safety achieved 
without the exemption (82 FR 26975).
    A copy of CRST's application for exemption renewal is available for 
review in the docket for this notice.

    Issued on: August 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17063 Filed 8-8-18; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 39495 DEPARTMENT OF TRANSPORTATION Docket: For access to the docket to hand delivery, submit them in an read background documents or unbound format, no larger than 81⁄2 by Federal Motor Carrier Safety comments, go to www.regulations.gov at 11 inches, suitable for copying and Administration any time or visit Room W12–140 on the electronic filing. If you submit [Docket No. FMCSA–2015–0480] ground level of the West Building, 1200 comments by mail and would like to New Jersey Avenue SE, Washington, know that they reached the facility, Commercial Driver’s License DC, between 9 a.m. and 5 p.m., ET, please enclose a stamped, self-addressed Standards: Application for Exemption; Monday through Friday, except Federal postcard or envelope. FMCSA will CRST Expedited (CRST) holidays. The on-line Federal Docket consider all comments and material Management System is available 24 received during the comment period AGENCY: Federal Motor Carrier Safety hours each day, 365 days each year. and may grant or not grant this Administration (FMCSA), DOT. Privacy Act: In accordance with 5 application based on your comments. ACTION: Notice of application for U.S.C. 553(c), DOT solicits comments renewal of exemption; request for II. Legal Basis from the public to better inform its comments. rulemaking process. DOT posts these FMCSA has authority under 49 U.S.C. comments, without edit, including any 31136(e) and 31315 to grant exemptions SUMMARY: FMCSA announces that it has from certain parts of the Federal Motor received an application from CRST personal information the commenter provides, to www.regulations.gov, as Carrier Safety Regulations. FMCSA must Expedited (CRST) for a renewal of its publish a notice of each exemption exemption from the regulation that described in the system of records notice (DOT/ALL–14 FDMS), which can request in the Federal Register (49 CFR requires a commercial learner’s permit 381.315(a)). The Agency must provide (CLP) holder to be accompanied by a be reviewed at www.dot.gov/privacy. the public an opportunity to inspect the commercial driver’s license (CDL) FOR FURTHER INFORMATION CONTACT: Ms. information relevant to the application, holder with the proper CDL class and Pearlie Robinson, FMCSA Driver and including any safety analyses that have endorsements, seated in the front seat of Carrier Operations Division; Office of been conducted. The Agency must also the vehicle while the CLP holder Carrier, Driver and Vehicle Safety provide an opportunity for public operates it on public roads or highways. Standards; Telephone: (202) 366–4225. comment on the request. The exemption renewal would allow Email: MCPSD@dot.gov. If you have The Agency reviews safety analyses CLP holders who have passed the skills questions on viewing or submitting and public comments submitted, and test but not yet received the CDL material to the docket, contact Docket determines whether granting the document to drive a CRST commercial Services, telephone (202) 366–9826. exemption would likely achieve a level motor vehicle (CMV) accompanied by a SUPPLEMENTARY INFORMATION: of safety equivalent to, or greater than, CDL holder who is not necessarily in the level that would be achieved by the I. Public Participation and Request for the passenger seat, provided the driver current regulation (49 CFR 381.305). Comments has documentation of passing the skills The decision of the Agency must be test. CRST currently holds an exemption FMCSA encourages you to participate published in the Federal Register (49 for the period September 23, 2016 by submitting comments and related CFR 381.315(b)) with the reasons for through September 24, 2018. FMCSA materials. denying or granting the application and, requests public comment on CRST’s Submitting Comments if granted, the name of the person or application for exemption. class of persons receiving the DATES: Comments must be received on If you submit a comment, please exemption, and the regulatory provision or before September 10, 2018. include the docket number for this from which the exemption is granted. ADDRESSES: You may submit comments notice (FMCSA–2015–0480), indicate The notice must also specify the identified by Federal Docket the specific section of this document to effective period and explain the terms Management System (FDMS) Number which the comment applies, and and conditions of the exemption. The FMCSA–2015–0480 by any of the provide a reason for suggestions or exemption may be renewed (49 CFR following methods: recommendations. You may submit 381.300(b)). • Federal eRulemaking Portal: your comments and material online or by fax, mail, or hand delivery, but III. Request for Exemption Renewal www.regulations.gov. Follow the online instructions for submitting comments. please use only one of these means. CRST’s initial exemption application • Mail: Docket Management Facility, FMCSA recommends that you include from the provisions of 49 CFR U.S. Department of Transportation, 1200 your name and a mailing address, an 383.25(a)(1) was submitted in 2015; a New Jersey Avenue SE, West Building, email address, or a phone number in the copy is in the docket identified at the Ground Floor, Room W12–140, body of your document so the Agency beginning of this notice. That 2015 Washington, DC 20590–0001. can contact you if it has questions application describes fully the nature of • Hand Delivery or Courier: West regarding your submission. CRST’s operations and CMV drivers. Building, Ground Floor, Room W12– To submit your comments online, go The exemption was granted on 140, 1200 New Jersey Avenue SE, to www.regulations.gov and put the September 23, 2016 (81 FR 65696). between 9 a.m. and 5 p.m., Monday docket number, ‘‘FMCSA–2015–0480’’ CRST now requests a renewal of the through Friday, except Federal holidays. in the ‘‘Keyword’’ box, and click exemption. • Fax: 1–202–493–2251. ‘‘Search.’’ When the new screen The current exemption excuses CRST • Each submission must include the appears, click on ‘‘Comment Now!’’ from the requirement that a driver sradovich on DSK3GMQ082PROD with NOTICES Agency name and the docket number for button and type your comment into the accompanying a CLP holder must be this notice. Note that DOT posts all text box in the following screen. Choose physically present at all times in the comments received without change to whether you are submitting your front seat of a CMV, on the condition www.regulations.gov, including any comment as an individual or on behalf that the CLP holder has successfully personal information included in a of a third party and then submit. An passed an approved CDL skills test. comment. Please see the Privacy Act option to upload a file is provided. If CRST’s 2015 application argued that the heading below. you submit your comments by mail or existing requirement is inefficient and VerDate Sep<11>2014 18:11 Aug 08, 2018 Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\09AUN1.SGM 09AUN1

39496 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices unproductive, as the company must DEPARTMENT OF TRANSPORTATION number. For detailed instructions on incur added expense to send the driver submitting comments, see the Public to his or her home State to collect a CDL Federal Motor Carrier Safety Participation heading below. Note that document. Under the rule, the driver is Administration all comments received will be posted not only unable to utilize newly without change to http:// [Docket No. FMCSA–2018–0159] acquired driving skills, but must also www.regulations.gov, including any forego compensation before obtaining a Agency Information Collection personal information provided. Please CDL. CRST believes that FMCSA should Activities; Revision of an Approved see the Privacy Act heading below. renew the exemption for an additional Information Collection Request: Docket: For access to the docket to 5-year period because it results in safer Commercial Driver Licensing and Test read background documents or drivers. It allows CRST to foster a more Standards comments received, go to http:// productive and efficient training www.regulations.gov and follow the environment by allowing CLP holders to AGENCY: Federal Motor Carrier Safety online instructions for accessing the hone their recently acquired driving Administration (FMCSA), DOT. dockets, or go to the street address listed skills through on-the job-training and to ACTION: Notice and request for above. begin earning an income right away, information. Privacy Act: Anyone is able to search producing immediate benefits for the the electronic form of all comments driver, the carrier, and the economy as SUMMARY: In accordance with the received into any of our dockets by the a whole. Paperwork Reduction Act of 1995, name of the individual submitting the FMCSA announces its plan to submit comment (or signing the comment, if IV. Method To Ensure an Equivalent or the Information Collection Request (ICR) submitted on behalf of an association, Greater Level of Safety described below to the Office of business, labor union, etc.). You may CRST states that the exemption does Management and Budget (OMB) for its review DOT’s complete Privacy Act not negatively affect safety outcomes. review and approval and invites public Statement for the Federal Docket Instead, the exemption allows drivers comment. The FMCSA requests Management System published in the trained out-of-State to obtain on-the-job approval to revise and renew an ICR Federal Register on January 17, 2008 experience in CRST’s comprehensive titled, ‘‘Commercial Driver Licensing (73 FR 3316), or you may visit http:// training program while avoiding and Test Standards,’’ due to an increase edocket.access.gpo.gov/2008/pdfE8- significant delays and skill degradation. in the number of commercial driver’s 794.pdf. The exemption creates immediate license records and the addition of one Public Participation: The Federal economic and safety benefits for both information collection item: ‘‘Driver eRulemaking Portal is available 24 the CLP holders and CRST—drivers completion of knowledge and skills hours each day, 365 days each year. You earn an income as part of a team tests 49 CFR 384.201.’’ This ICR is can obtain electronic submission and operation while improving their driver needed to ensure that drivers, motor retrieval help and guidelines under the skills and gaining valuable experience. carriers and the States are complying ‘‘help’’ section of the Federal CRST indicated in its renewal with notification and recordkeeping eRulemaking Portal website. If you want application that data show that drivers requirements for information related to us to notify you that we received your utilizing the exemption demonstrated testing, licensing, violations, comments, please include a self- better safety outcomes than non-exempt convictions and disqualifications and addressed, stamped envelope or drivers. Through the end of 2016, CRST that the information is accurate, postcard, or print the acknowledgement reported zero accidents to FMCSA complete and transmitted and recorded page that appears after submitting involving drivers utilizing the within certain time periods as required comments online. Comments received exemption. by the Commercial Motor Vehicle Safety after the comment closing date will be Act of 1986 (CMVSA), as amended. included in the docket and will be In the June 12, 2017, Federal Register, DATES: We must receive your comments considered to the extent practicable. FMCSA granted the renewal of a similar exemption from 49 CFR 383.25(a)(1) to on or before October 9, 2018. FOR FURTHER INFORMATION CONTACT: Mr. C.R. England, Inc. (C.R. England) for a ADDRESSES: You may submit comments Selden Fritschner, Office of Safety five-year period. Under the terms and identified by Federal Docket Programs, Commercial Driver’s License conditions of that exemption, a CLP Management System (FDMS) Docket Division (MC–ESL), Federal Motor holder who has documentation of Number FMCSA–2126–0011 using any Carrier Safety Administration, West passing the CDL skills test may drive a of the following methods: Building 6th Floor, 1200 New Jersey CMV for C.R. England without being • Federal eRulemaking Portal: http:// Avenue SE, Washington, DC 20590– accompanied by a CDL holder in the www.regulations.gov. Follow the online 0001. Telephone: 202–366–0677; email: front seat. The Agency believed that instructions for submitting comments. selden.fritschner@dot.gov. C.R. England’s request for exemption • Fax: 202–493–2251. SUPPLEMENTARY INFORMATION: would achieve a level of safety that is • Mail: Docket Operations; U.S. Background: The licensed drivers in equivalent to, or greater than, the level Department of Transportation, 1200 the United States deserve reasonable of safety achieved without the New Jersey Avenue SE, West Building, assurance that their fellow motorists are exemption (82 FR 26975). Ground Floor, Room W12–140, properly qualified to drive the vehicles A copy of CRST’s application for Washington, DC 20590–0001. they operate. Before the Commercial • Hand Delivery or Courier: West Motor Vehicle Safety Act of 1986 sradovich on DSK3GMQ082PROD with NOTICES exemption renewal is available for review in the docket for this notice. building, Ground Floor, Room 12–140, (CMVSA or the Act) Public Law 99–570, 1200 New Jersey Avenue SE, Title XII, 100 Stat. 3207–170, codified at Issued on: August 2, 2018. Washington, DC, between 9:00 a.m. and 49 U.S.C. chapter 313) was signed by Larry W. Minor, 5:00 p.m., e.t., Monday through Friday, the President on October 27, 1986, 18 Associate Administrator for Policy. except Federal holidays. States and the District of Columbia [FR Doc. 2018–17063 Filed 8–8–18; 8:45 am] Instructions: All submissions must authorized any person licensed to drive BILLING CODE 4910–EX–P include the Agency name and docket an automobile to also legally drive a VerDate Sep<11>2014 18:11 Aug 08, 2018 Jkt 244001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\09AUN1.SGM 09AUN1


Document Created: 2018-08-09 01:11:35
Document Modified: 2018-08-09 01:11:35
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 application for renewal of exemption; request for comments.
DatesComments must be received on or before September 10, 2018.
ContactMs. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (202) 366-4225. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 39495 
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