Commercial Driver's License Standards: Application for Exemption Renewal; CRST The Transportation Solution (Formerly Known as CRST Expedited, Inc.), 52241-52243 [2023-16850]
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices
collected will be limited to only that
necessary for the FAA to complete a
review of an application under the
following statutory requirements:
ddrumheller on DSK120RN23PROD with NOTICES1
• Section 44809(c)(1), Operations at
Fixed Sites
• Section 44809(c)(2)(a), Standards and
Limitations—UA Weighing More
Than 55 Pounds
• Section 44809(c)(2)(b), Operations at
Fixed Sites—UA Weighing More Than
55 Pounds
• Section 44809(g)(1), Aeronautical
Knowledge and Safety Test
• Section 44809(i), Recognition of
Community-Based Organizations
Respondents: Individuals and
organizations operating under the
Exception for Limited Recreational
Operations of Unmanned Aircraft who
wish to be recognized as CBOs,
administer the aeronautical knowledge
and safety test, establish fixed flying
sites, have standards and limitations for
unmanned aircraft weighing more than
55 pounds approved, and establish
designated FRIAs.
Frequency: On occasion.
Estimated Average Burden per
Response: Varies depending on the type
of stakeholder application. Fixed flying
site applications (including more than
55 pound UAS and FRIA) are estimated
to take 0.5 hours per applicant. CBO
recognition and more than 55 pound
UAS standards and limitations
applications are estimated to take 1.0
hours per applicant.
Estimated Total Annual Burden:
Varies depending on the type of
stakeholder application. CBO
recognition and more than 55 pound
UAS standards and limitations
applications are not recurring, resulting
in a one-time annual burden of 1 hour
per application. However, this number
can vary greatly as incomplete
applications are quickly denied, but
complete application that include over
55 pound UAS can take two or more
hours. Fixed flying site applications are
required to be updated/renewed
annually, resulting in a total annual
burden of 0.5 hours per year.
The FAA estimates 25 CBO
recognition/more than 55 pound UAS
standards and limitations applications
in the first year, totaling 25 hours. Fixed
flying site applications (including more
than 55 pound UAS and FRIA) are
expected to number around 200
applications per year, totaling 100
hours.
VerDate Sep<11>2014
18:58 Aug 04, 2023
Jkt 259001
Issued in Washington, DC, on August 2,
2023.
D.C. Morris,
Aviation Safety Analyst, Flight Standards
Service, General Aviation and Commercial
Division.
[FR Doc. 2023–16852 Filed 8–4–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2023–0976]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: National Air
Tours Safety Standards
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on May 1,
2023. The collection involves
requirements in FAA regulations that
set safety and oversight rules for a broad
variety of sightseeing and commercial
air tour flights to improve the overall
safety of commercial air tours by
requiring all air tours to submit
information.
SUMMARY:
Written comments should be
submitted by September 6, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Sandra Ray by email at: Sandra.ray@
faa.gov; phone: 412–546–7344
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
DATES:
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
52241
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information.
OMB Control Number: 2120–0717.
Title: National Air Tours Safety
Standards.
Form Numbers: None.
Type of Review: Renewal of an
information collection.
Background: The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on May 1, 2023 (88 FR 26640). FAA
regulations set safety and oversight rules
for a broad variety of sightseeing and
commercial air tour flights to improve
the overall safety of commercial air
tours by requiring all air tour operators
to submit information. The FAA uses
the information it collects and reviews
to ensure compliance and adherence to
regulations and, if necessary, take
enforcement action on violators of the
regulations.
Respondents: Commercial Air Tour
Operators.
Frequency: Information is collected
on occasion.
Estimated Average Burden per
Response: Varies by response.
Estimated Total Annual Burden:
1,400 Hours.
Issued in Washington, DC, on August 2,
2023.
Sandra L. Ray,
Aviation Safety Inspector, AFS–260.
[FR Doc. 2023–16769 Filed 8–4–23; 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
Renewal; CRST The Transportation
Solution (Formerly Known as CRST
Expedited, Inc.)
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of exemption renewal;
request for comments.
AGENCY:
FMCSA announces its
decision to provisionally renew the
exemption currently held by CRST The
Transportation Solution (CRST)
(formerly known as CRST Expedited,
Inc.) from the requirement that a
commercial driver’s license (CDL)
holder with the proper CDL class and
endorsements be seated in the front seat
SUMMARY:
E:\FR\FM\07AUN1.SGM
07AUN1
ddrumheller on DSK120RN23PROD with NOTICES1
52242
Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices
of the commercial motor vehicle (CMV)
at all times while the commercial
learner’s permit (CLP) holder is engaged
in behind-the-wheel training on public
roads or highways. Under the terms and
conditions of the exemption, a CLP
holder who has passed the skills test but
not yet received the CDL document may
drive a CRST CMV accompanied by a
CDL holder who is not necessarily in
the passenger seat, provided the CLP
driver possesses documentation of
passing from the State that administered
the skills test. The exemption renewal is
for five years.
DATES: This renewed exemption is
effective September 24, 2023, and
expires on September 24, 2028.
Comments must be received on or
before September 6, 2023.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2015–0480 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: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery or Courier: West
Building, Ground Floor, 1200 New
Jersey Avenue SE, Washington, DC
20590–0001 between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except
Federal holidays.
• Fax: (202) 493–2251.
Each submission must include the
Agency name and the docket number for
this notice (FMCSA–2015–0480). 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, 20590–0001 between 9 a.m. and 5
p.m., ET, Monday through Friday,
except Federal holidays. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Dockets Operations.
Privacy Act: In accordance with 49
U.S.C. 31315(b)(6), DOT solicits
comments from the public on the
exemption renewal request. DOT posts
these comments, without edit, including
any personal information the
commenter provides, to
VerDate Sep<11>2014
18:58 Aug 04, 2023
Jkt 259001
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: Mrs.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–4225;
Email: pearlie.robinson@dot.gov. If you
have questions on viewing or submitting
material to the docket, contact Dockets
Operations, (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 comment online, go to
www.regulations.gov and put the docket
number FMCSA–2015–0480 in the
‘‘Search’’ box, and click ‘‘Search.’’
When the new screen appears, click on
‘‘Documents’’ button, then click the
‘‘Comment’’ button associated with the
latest notice posted. Another screen will
appear; insert the required information.
Choose whether you are submitting your
comment as an individual, an
organization, or anonymous. Click
‘‘Submit Comment.’’
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.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b)(2) and 49 CFR
381.300(b) to renew an exemption from
the Federal Motor Carrier Safety
Regulations for a 5-year period if it finds
PO 00000
Frm 00135
Fmt 4703
Sfmt 4703
that ‘‘such exemption would likely
achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption.’’ CRST has requested a fiveyear extension of the current exemption
in Docket No. FMCSA–2015–0480.
III. Background
Current Regulation(s) Requirements
FMCSA’s CDL regulations in 49 CFR
383.25 establish minimum requirements
for the CLP to be considered a valid CDL
during behind-the-wheel training of a
CLP holder on public roads or
highways. Section 383.25(a)(1) requires
a CDL holder with the proper CDL class
and endorsements necessary to operate
the CMV to accompany a CLP holder
and be physically present in the front
seat of the CMV next to the CLP holder
at all times or, in a commercial
passenger vehicle, directly behind or in
the front row behind the driver, and
must have the CLP holder under
observation and direct supervision.
Application for Renewal of Exemption
Background
On September 23, 2016, FMCSA
granted CRST a five-year exemption
from 49 CFR 383.25(a)(1) because CLP
holders who have passed the CDL skills
test are professionally qualified and
eligible to obtain a CDL, which indicates
that CRST would likely achieve a level
of safety equivalent to or greater than
the level of safety obtained by
complying with the regulation (81 FR
65696). On October 19, 2018, CRST
requested renewal of its original
exemption. FMCSA granted the request
for renewal for an additional five-year
period. The renewed exemption expires
on September 24, 2023.
CRST has requested an additional
five-year renewal of the exemption.
CRST believes that FMCSA should
renew the exemption because it results
in safer drivers. CRST noted that:
As it respects CRST’s CLP holders, these
drivers have already successfully passed all
required CDL skills testing, and related
prerequisites, required to lawfully take
receipt of the CDL. What remains for CRST
CLP holders is to travel to the DMV
[Department of Motor Vehicles] in their
respective home state to obtain physical
receipt of their CDL. The only difference
between a CRST CLP holder who has passed
their skills testing via a registered ELDT
training provider with the documentation of
successful skills testing results in the
Commercial Skills Test Information
Management System (CSTIMS), and other
newly credentialed CDL drivers is the
physical possession of the CDL document.
CRST estimates that approximately
1,000 new drivers per year will operate
E:\FR\FM\07AUN1.SGM
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices
a CMV under the exemption, if the
renewal is granted. It states that
allowing the CLP drivers to operate
under the exemption would not result
in a degradation of safety because ‘‘there
is no material difference between the
skill of a new driver that has passed the
required skills testing as part of their
entry-level driver training and a new
driver that has just received their DMVissued CDL document.’’ CRST assesses
that the exemption will improve safety
because new CDL holders are allowed to
drive unsupervised immediately after
receiving their documentation whereas
CLP drivers operating under this
exemption will be accompanied by an
experienced CDL holder providing some
guidance.
A copy of CRST’s request has been
placed in the docket to this notice.
ddrumheller on DSK120RN23PROD with NOTICES1
IV. Equivalent Level of Safety
FMCSA determined in 2016 and again
in 2018 that CRST drivers would likely
achieve a level of safety equivalent to,
or greater than, the level of safety
achieved without the exemption.
FMCSA noted in its October 19, 2018,
notice that because these drivers have
already met all the requirements for a
CDL, but have yet to pick up the CDL
document from their State of domicile,
their safety performance is expected to
be the same as any other newly
credentialed CDL holder. Additionally,
having a CDL driver accompany the CLP
driver who has successfully passed all
required CDL skills testing and
prerequisites, provides some additional
supervision that is otherwise not
required for newly credentialed CDL
drivers in physical possession of the
CDL document.
FMCSA is unaware of any evidence of
a degradation of safety attributable to
the current exemption for CRST drivers.
There is no indication of an adverse
impact on safety while CRST drivers
have been operating under the terms
and conditions specified in the initial
exemption or 2018 exemption renewal.
FMCSA therefore concludes that
provisionally renewing the exemption
granted on October 19, 2018, for another
five years, under the terms and
conditions listed below, will likely
achieve a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
V. Exemption Decision
A. Grant of Exemption
FMCSA provisionally renews the
exemption for a period of five years
subject to the terms and conditions of
this decision and the absence of adverse
VerDate Sep<11>2014
18:58 Aug 04, 2023
Jkt 259001
public comments that would cause the
Agency to terminate the exemption. The
exemption from the requirements of 49
CFR 383.25(a)(1), is otherwise effective
September 24, 2023, through September
23, 2028, 11:59 p.m. local time, unless
renewed or revoked.
B. Applicability of Exemption
The exemption relieves CRST from
the requirement that a driver
accompanying a CLP holder be
physically present in the front seat of a
CMV on the condition that the CLP
holder (i) has successfully passed a CDL
skills test administered by the testing
State and (ii) possesses supporting
documentation from that State.
C. Terms and Conditions
When operating under this
exemption, CRST and its drivers are
subject to the following terms and
conditions:
(1) CRST and its drivers must comply
with all other applicable Federal Motor
Carrier Safety Regulations (49 CFR parts
350–399);
(2) The drivers must be in possession
of a valid State driver’s license, a CLP
with the required endorsements, and
documentation from the testing State
that they have passed the CDL skills
test;
(3) The drivers must not be subject to
any out-of-service order or suspension
of driving privileges; and
(4) The drivers must be able to
provide this exemption document to
enforcement officials.
D. Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation that
conflicts with or is inconsistent with
this exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
E. Notification to FMCSA
Frm 00136
Fmt 4703
Sfmt 4703
(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, motor
carrier safety regulations.
(j) The driver’s total driving time and
total on-duty time prior to the accident.
Reports filed under this provision
shall be emailed to MCPSD@DOT.GOV.
F. Termination
FMCSA does not believe the drivers
covered by this exemption will
experience any deterioration of their
safety record. The exemption will be
rescinded if: (1) CRST and drivers
operating under the exemption fail to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objects of 49 U.S.C. 31136(e) and
31315(b). FMCSA further reserves the
right to terminate this exemption in the
event it is no longer necessary due to
revised regulatory requirements.
VI. Request for Comments
FMCSA requests public comment
from all interested persons on CRST’s
application for a renewal of the
exemption. The Agency will evaluate
any adverse evidence submitted and, if
safety is being compromised or if
continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315(b), FMCSA will take immediate
steps to revoke the exemption.
Robin Hutcheson,
Administrator.
[FR Doc. 2023–16850 Filed 8–4–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2023–0162]
CRST must notify FMCSA within 5
business days of any accident (as
defined in 49 CFR 390.5) involving any
of its CMVs operating under the terms
of this exemption. The notification must
include the following information:
(a) Name of the exemption: ‘‘CRST’’.
(b) Date of the accident.
(c) City or town, and State, in which
the accident occurred, or closest to the
accident scene.
(d) Driver’s name and license number.
(e) Vehicle number and State license
number.
PO 00000
52243
Coastwise Endorsement Eligibility
Determination for a Foreign-Built
Vessel: ELLAKAI (Motor); Invitation for
Public Comments
Maritime Administration, DOT.
Notice.
AGENCY:
ACTION:
The Secretary of
Transportation, as represented by the
Maritime Administration (MARAD), is
authorized to issue coastwise
endorsement eligibility determinations
for foreign-built vessels which will carry
SUMMARY:
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Rules and Regulations]
[Pages 52241-52243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16850]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0480]
Commercial Driver's License Standards: Application for Exemption
Renewal; CRST The Transportation Solution (Formerly Known as CRST
Expedited, Inc.)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of exemption renewal; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to provisionally renew the
exemption currently held by CRST The Transportation Solution (CRST)
(formerly known as CRST Expedited, Inc.) from the requirement that a
commercial driver's license (CDL) holder with the proper CDL class and
endorsements be seated in the front seat
[[Page 52242]]
of the commercial motor vehicle (CMV) at all times while the commercial
learner's permit (CLP) holder is engaged in behind-the-wheel training
on public roads or highways. Under the terms and conditions of the
exemption, a CLP holder who has passed the skills test but not yet
received the CDL document may drive a CRST CMV accompanied by a CDL
holder who is not necessarily in the passenger seat, provided the CLP
driver possesses documentation of passing from the State that
administered the skills test. The exemption renewal is for five years.
DATES: This renewed exemption is effective September 24, 2023, and
expires on September 24, 2028. Comments must be received on or before
September 6, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2015-0480 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: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m. E.T., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2015-0480). 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, 20590-0001 between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits
comments from the public on the exemption renewal request. 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: Mrs. 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 Dockets Operations, (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 comment online, go to www.regulations.gov and put
the docket number FMCSA-2015-0480 in the ``Search'' box, and click
``Search.'' When the new screen appears, click on ``Documents'' button,
then click the ``Comment'' button associated with the latest notice
posted. Another screen will appear; insert the required information.
Choose whether you are submitting your comment as an individual, an
organization, or anonymous. Click ``Submit Comment.''
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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier
Safety Regulations for a 5-year period if it finds that ``such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption.'' CRST has requested a five-year extension of the current
exemption in Docket No. FMCSA-2015-0480.
III. Background
Current Regulation(s) Requirements
FMCSA's CDL regulations in 49 CFR 383.25 establish minimum
requirements for the CLP to be considered a valid CDL during behind-
the-wheel training of a CLP holder on public roads or highways. Section
383.25(a)(1) requires a CDL holder with the proper CDL class and
endorsements necessary to operate the CMV to accompany a CLP holder and
be physically present in the front seat of the CMV next to the CLP
holder at all times or, in a commercial passenger vehicle, directly
behind or in the front row behind the driver, and must have the CLP
holder under observation and direct supervision.
Application for Renewal of Exemption
Background
On September 23, 2016, FMCSA granted CRST a five-year exemption
from 49 CFR 383.25(a)(1) because CLP holders who have passed the CDL
skills test are professionally qualified and eligible to obtain a CDL,
which indicates that CRST would likely achieve a level of safety
equivalent to or greater than the level of safety obtained by complying
with the regulation (81 FR 65696). On October 19, 2018, CRST requested
renewal of its original exemption. FMCSA granted the request for
renewal for an additional five-year period. The renewed exemption
expires on September 24, 2023.
CRST has requested an additional five-year renewal of the
exemption. CRST believes that FMCSA should renew the exemption because
it results in safer drivers. CRST noted that:
As it respects CRST's CLP holders, these drivers have already
successfully passed all required CDL skills testing, and related
prerequisites, required to lawfully take receipt of the CDL. What
remains for CRST CLP holders is to travel to the DMV [Department of
Motor Vehicles] in their respective home state to obtain physical
receipt of their CDL. The only difference between a CRST CLP holder
who has passed their skills testing via a registered ELDT training
provider with the documentation of successful skills testing results
in the Commercial Skills Test Information Management System
(CSTIMS), and other newly credentialed CDL drivers is the physical
possession of the CDL document.
CRST estimates that approximately 1,000 new drivers per year will
operate
[[Page 52243]]
a CMV under the exemption, if the renewal is granted. It states that
allowing the CLP drivers to operate under the exemption would not
result in a degradation of safety because ``there is no material
difference between the skill of a new driver that has passed the
required skills testing as part of their entry-level driver training
and a new driver that has just received their DMV-issued CDL
document.'' CRST assesses that the exemption will improve safety
because new CDL holders are allowed to drive unsupervised immediately
after receiving their documentation whereas CLP drivers operating under
this exemption will be accompanied by an experienced CDL holder
providing some guidance.
A copy of CRST's request has been placed in the docket to this
notice.
IV. Equivalent Level of Safety
FMCSA determined in 2016 and again in 2018 that CRST drivers would
likely achieve a level of safety equivalent to, or greater than, the
level of safety achieved without the exemption. FMCSA noted in its
October 19, 2018, notice that because these drivers have already met
all the requirements for a CDL, but have yet to pick up the CDL
document from their State of domicile, their safety performance is
expected to be the same as any other newly credentialed CDL holder.
Additionally, having a CDL driver accompany the CLP driver who has
successfully passed all required CDL skills testing and prerequisites,
provides some additional supervision that is otherwise not required for
newly credentialed CDL drivers in physical possession of the CDL
document.
FMCSA is unaware of any evidence of a degradation of safety
attributable to the current exemption for CRST drivers. There is no
indication of an adverse impact on safety while CRST drivers have been
operating under the terms and conditions specified in the initial
exemption or 2018 exemption renewal.
FMCSA therefore concludes that provisionally renewing the exemption
granted on October 19, 2018, for another five years, under the terms
and conditions listed below, will likely achieve a level of safety that
is equivalent to, or greater than, the level of safety achieved without
the exemption.
V. Exemption Decision
A. Grant of Exemption
FMCSA provisionally renews the exemption for a period of five years
subject to the terms and conditions of this decision and the absence of
adverse public comments that would cause the Agency to terminate the
exemption. The exemption from the requirements of 49 CFR 383.25(a)(1),
is otherwise effective September 24, 2023, through September 23, 2028,
11:59 p.m. local time, unless renewed or revoked.
B. Applicability of Exemption
The exemption relieves CRST from the requirement that a driver
accompanying a CLP holder be physically present in the front seat of a
CMV on the condition that the CLP holder (i) has successfully passed a
CDL skills test administered by the testing State and (ii) possesses
supporting documentation from that State.
C. Terms and Conditions
When operating under this exemption, CRST and its drivers are
subject to the following terms and conditions:
(1) CRST and its drivers must comply with all other applicable
Federal Motor Carrier Safety Regulations (49 CFR parts 350-399);
(2) The drivers must be in possession of a valid State driver's
license, a CLP with the required endorsements, and documentation from
the testing State that they have passed the CDL skills test;
(3) The drivers must not be subject to any out-of-service order or
suspension of driving privileges; and
(4) The drivers must be able to provide this exemption document to
enforcement officials.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a firm or person operating under
the exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.
E. Notification to FMCSA
CRST must notify FMCSA within 5 business days of any accident (as
defined in 49 CFR 390.5) involving any of its CMVs operating under the
terms of this exemption. The notification must include the following
information:
(a) Name of the exemption: ``CRST''.
(b) Date of the accident.
(c) City or town, and State, in which the accident occurred, or
closest to the accident scene.
(d) Driver's name and 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,
motor carrier safety regulations.
(j) The driver's total driving time and total on-duty time prior to
the accident.
Reports filed under this provision shall be emailed to
[email protected].
F. Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. The exemption will
be rescinded if: (1) CRST and drivers operating under the exemption
fail to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objects of 49 U.S.C. 31136(e) and
31315(b). FMCSA further reserves the right to terminate this exemption
in the event it is no longer necessary due to revised regulatory
requirements.
VI. Request for Comments
FMCSA requests public comment from all interested persons on CRST's
application for a renewal of the exemption. The Agency will evaluate
any adverse evidence submitted and, if safety is being compromised or
if continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(b), FMCSA will take
immediate steps to revoke the exemption.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-16850 Filed 8-4-23; 8:45 am]
BILLING CODE 4910-EX-P
