Commercial Driver's License Standards: Application for Exemption; CRST Expedited (CRST) |
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Topics: CRST
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Larry W. Minor
Federal Motor Carrier Safety Administration
January 5, 2016
[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Notices]
[Pages 291-292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33136]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0480]
Commercial Driver's License Standards: Application for Exemption;
CRST Expedited (CRST)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that CRST Expedited (CRST) has applied for an
exemption from the requirement in 49 CFR 383.25(a)(1) that requires a
commercial learner's permit (CLP) holder to always be accompanied by a
commercial driver's license (CDL) holder with the proper CDL class and
endorsements seated in the front seat of the vehicle while the CLP
holder performs behind-the-wheel training on public roads or highways.
CRST requests an exemption to allow CLP holders who have successfully
passed the CDL skills test to be able to drive a commercial motor
vehicle (CMV) without having a CDL holder seated beside them in the
CMV. CRST states that the CDL holder would remain in the CMV at all
times while the CLP holder is driving, but not necessarily in the
passenger seat. CRST believes that the exemption, if granted, would
promote greater productivity and help individuals who have passed the
CDL skills test return to actively earning a living faster while
achieving a level of safety that is equivalent to or greater than the
level of safety provided by complying with the regulations. FMCSA
requests public comment on CRST's application for exemption.
DATES: Comments must be received on or before February 4, 2016
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2015-0480 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251
Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line Federal Docket Management System
is available 24 hours each day, 365 days each year.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2015-0480), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2015-0480'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. An option to upload a
file is provided. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the facility, please
enclose a stamped, self-addressed postcard or envelope. FMCSA will
consider all comments and material received during the comment period
and may grant or not grant this application based on your comments.
[[Page 292]]
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
III. Request for Exemption
CRST is one of the nation's largest transportation companies with a
fleet of more than 4,500 commercial motor vehicles (CMVs). CRST seeks
an exemption from 49 CFR 383.25(a)(1) that would allow CLP holders who
have successfully passed a CDL skills test and are thus eligible to
receive a CDL, to be able to drive without having a CDL holder seated
beside them in the vehicle. CRST, however, indicates in their exemption
request that the CDL holder will remain in the vehicle at all times
while the CLP holder is driving--just not in the front seat. CRST
further requests that the exemption include that the CLP holder could
drive for the remainder of the time available on the driver's CLP
before expiration, provided the driver can supply evidence of passing
the CDL exam to law enforcement personnel. This would allow such a
driver to operate more freely and in a way that benefits the driver,
the carrier, and the economy as a whole.
CRST states that FMCSA is aware that the trucking industry is
facing a shortage of qualified and well-trained drivers to meet the
ever-growing shipping demands. CRST believes that 49 CFR 383.25(a)(1)
limits its ability to effectively recruit, train, and employ new
entrants to the trucking industry. Prior to the implementation of
section 383.25(a)(1), States routinely issued temporary CDLs to drivers
who passed the CDL skills test. The temporary CDL allowed CRST time to
route the new driver to his or her State of domicile to obtain a CDL,
and to place the new driver into an on-the-job training position with a
driver-trainer. In this scenario, a more experienced driver could
mentor and observe the new driver, but was not required to be on duty
and in the front seat at all times. Thus, the new driver could become
productive immediately, allowing more freight movement for CRST and
compensation for the new driver.
CRST contends that compliance with the CDL rule places them in a
very difficult position regarding how they return the CLP holder who
has passed his or her skills testing back to their State of domicile to
obtain their CDL. According to CRST, the two possible courses of action
in this scenario are simple, yet costly: (1) CRST sends CLP holders to
their home State by public transportation to obtain the CDL and hopes
the drivers return to CRST for employment; and (2) CRST sends CLP
holders back to their home State as passengers on one of its trucks.
CRST goes on to detail the negative consequences of these courses of
action, including: (1) The new drivers would suffer financially because
it could be several days or even weeks before they obtain their home
State CDL and are available to return to work; (2) safety would also be
degraded in these situations because there will be a break in driving
for CLP holders who have passed the skills test until they can receive
their CDL and return to CRST to start work; (3) increased costs to CRST
for public transportation to return CLP holders who have passed the
skills test in another State to their home State for issuance of the
CDL; (4) further financial loss as CRST would undoubtedly lose control
of some CLP holders once they returned home and obtained their CDL--as
they may find employment elsewhere, or in a different industry; and (5)
if CRST elected to send CLP holders who have passed their skills test
home on a CRST truck, CRST must operate at double the cost for half of
the productivity.
CRST asserts that the exemption is consistent with FMCSA's comments
in the preamble to the final rule published on May 9, 2011, that
promulgated 49 CFR 383.25(a). The Agency said: ``FMCSA does not believe
that it is safe to permit inexperienced drivers who have not yet passed
the CDL skills test to drive unaccompanied.'' (76 FR 26861). The
exemption sought would apply only to those CRST drivers who have passed
the CDL skills test and hold a CLP.
IV. Method To Ensure an Equivalent or Greater Level of Safety
CRST states that granting this exemption will result in a level of
safety that is equal to or greater than the level of safety of the rule
without the exemption. The practical result of the exemption is that a
CLP holder who has passed a CDL skills test would be able to drive
without the requirements of Sec. 383.25(a)(1) and begin immediate and
productive on-the-job training. This allows these drivers to continue
to use and sharpen their recently acquired driving skills and put them
to work--in addition to immediately earning an income--under the
mentoring and observation of a more experienced driver until they can
return to their home State to be issued a CDL.
In the June 11, 2015, Federal Register, FMCSA granted a similar
exemption from 49 CFR 383.25(a)(1) to C.R. England, Inc. Under the
terms and conditions of that exemption, a CLP holder who has
documentation of passing the CDL skills test may drive a CMV for C.R.
England without being accompanied by a CDL holder in the front seat.
The Agency believed that C.R. England's request for exemption would
achieve a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption (80 FR 33329).
A copy of CRST's application for exemption is available for review
in the docket for this notice.
Issued on: December 18, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-33136 Filed 1-4-16; 8:45 am]
BILLING CODE 4910-EX-P