Commercial Driver's License Standards: Application for Exemption; C.R. England, Inc.

Topics:  C.R. England

Larry W. Minor
Federal Motor Carrier Safety Administration
November 28, 2014

[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Notices]
[Pages 70916-70917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28072]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0406]


Commercial Driver's License Standards: Application for Exemption; 
C.R. England, Inc.

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 C.R. England, Inc. (C.R. England) has 
applied for an exemption from the Federal minimum training conditions 
in 49 CFR 383.25(a)(1) that require 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. C.R. England requests an 
exemption to allow CLP holders who have passed the CDL skills test but 
not yet received the CDL document to drive a commercial motor vehicle 
without being accompanied by a CDL holder, provided the driver has 
documentation of passing the skills test. C.R. England believes that 
the exemption, if granted, 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.

DATES: Comments must be received on or before December 29, 2014.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2014-0406 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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. 
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov at any time and in the box 
labeled ``SEARCH for'' enter FMCSA-2014-0406 and click on the tab 
labeled ``SEARCH.''
    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.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA 
must publish a notice of each exemption request in the Federal Register 
(49 CFR 381.315(a)). The Agency must provide the public an opportunity 
to inspect the information relevant to the application, including any 
safety analyses that have been conducted. The Agency must also provide 
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments, and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption (up 
to 2 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    C.R. England is a carrier that transports temperature-sensitive 
freight. It provides CDL training for its drivers in partnership with 
Premier Truck Driving Schools in five locations (Burns Harbor, IN; 
Dallas, TX; Fontana, CA; Richmond, IN; and Salt Lake City, UT). C.R. 
England 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 drive a truck without a CDL holder being 
present. This would allow a CLP holder to participate in a revenue-
producing trip back to his or her State of domicile to obtain the CDL 
document, as the CDL can only be issued by the State of domicile in 
accordance with Part 383.
    C.R. England advises that FMCSA is aware of the trucking industry's 
need for qualified and well-trained drivers to meet increasing shipping 
demands. C.R. England believes that 49 CFR 383.25(a)(1) limits its 
ability to effectively and efficiently recruit, train, and employ new 
entrants to the industry. Prior to the implementation of section 
385.25(a)(1), States routinely issued temporary CDLs to drivers who 
passed the CDL skills test. The temporary CDL allowed C.R. England

[[Page 70917]]

time to route the new driver to his or her State of domicile to obtain 
a CDL and place the new driver into an on-the-job training position 
with a driver-trainer. The driver-trainer supervised and observed the 
new driver, but was not required to be on-duty and in the front seat at 
all times. Thus, the new driver became productive immediately, allowing 
more freight movement for C.R. England and compensation for the new 
driver.
    C.R. England contends that compliance with the CDL rule prevents it 
from implementing more efficient and effective operations. The rule 
places C.R. England in an untenable position of either sending the CLP 
holder home without having hired him or her (because the person does 
not yet have a CDL) with no assurance that the driver will remain with 
C.R. England after obtaining the CDL; or, hiring the CLP holder and 
sending him or her home in an unproductive non-driving capacity. 
Granting the exemption would allow the CLP holder to drive as part of a 
team on that trip, resulting in reduced costs and increased 
productivity.
    C.R. England asserts that the exemption would be consistent with 
FMCSA's comments in the preamble to the rule that state that ``FMCSA 
does not believe that it is safe to permit inexperienced drivers who 
have not passed the CDL skills test to drive unaccompanied.'' (76 FR 
26861) The exemption sought would apply only to those C.R. England 
drivers who have passed the CDL skills test and hold a CLP. C.R. 
England believes that the exemption would result in a level of safety 
that is equivalent to or greater than the level of safety provided 
under the rule. The only difference between a CLP holder who has passed 
the CDL skills test and a CDL holder is that the latter has waited in 
line at the DMV and has received the hard copy CDL.
    A copy of C.R. England's application for exemption is available for 
review in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on C.R. England's application for an exemption 
from the CDL requirements of 49 CFR part 383. The Agency will consider 
all comments received by close of business on December 29, 2014. 
Comments will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice. The Agency 
will consider to the extent practicable comments received in the public 
docket after the closing date of the comment period.

    Issued on: November 17, 2014.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-28072 Filed 11-26-14; 8:45 am]
BILLING CODE 4910-EX-P