Commercial Driver's License Standards: Application for Exemption; CRST Expedited (CRST), 291-292 [2015-33136]

Download as PDF Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices seeking candidates interested in filling Mr. Francis’ and Mr. Sutton’s soon to be expiring seats. The open seats to be filled will represent air tour operator and environmental interests, respectively. The FAA and NPS invite persons interested in serving on the ARC to contact Mr. Keith Lusk (contact information is written above in FOR FURTHER INFORMATION CONTACT). Requests to serve on the ARC must be made to Mr. Lusk in writing and postmarked or emailed on or before February 12, 2016. The request should indicate whether or not you are a member of an association or group related to air tour operations or environmental concerns or have another affiliation with issues relating to aircraft flights over national parks. The request should also state what expertise you would bring to the NPOAG ARC as related to issues and concerns with aircraft flights over national parks. The term of service for NPOAG ARC members is 3 years. Current members may re-apply for another term. On June 18, 2010, President Obama signed a Presidential Memorandum directing agencies in the Executive Branch not to appoint or re-appoint federally registered lobbyists to advisory committees and other boards and commissions. Therefore, before appointing an applicant to serve on the NPOAG, the FAA and NPS will require the prospective candidate to certify that they are not a federally registered lobbyist. Issued in Hawthorne, CA, on December 28, 2015. Keith Lusk, Program Manager, Special Programs Staff, Western-Pacific Region. [FR Doc. 2015–33159 Filed 1–4–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0480] Commercial Driver’s License Standards: Application for Exemption; CRST Expedited (CRST) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: 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 SUMMARY: VerDate Sep<11>2014 18:43 Jan 04, 2016 Jkt 238001 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 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 291 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 81⁄2 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. E:\FR\FM\05JAN1.SGM 05JAN1 292 Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices 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)). asabaliauskas on DSK5VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 18:43 Jan 04, 2016 Jkt 238001 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 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 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 § 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 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. DOT–NHTSA–2015–0051] Notice and Request for Comments National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (DOT). ACTION: Notice and Request for Comments. AGENCY: The DOT invites public comments about our intention to request the Office of Management and Budget (OMB) approval for new information SUMMARY: E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[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.

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

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