Commercial Driver's License Standards: Application for Exemption; CRST Expedited |
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
23 September 2016
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65696-65698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22961]
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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
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant CRST Expedited (CRST) an
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 performs behind-the-
wheel training on public roads or highways. Under the terms and
conditions of this exemption, a CLP holder who has documentation of
passing the CDL skills test may drive a commercial motor vehicle (CMV)
for CRST without being accompanied by a CDL holder in the front seat of
the vehicle. The exemption enables CLP holders to drive as part of a
team and have the same regulatory flexibility as CRST team drivers with
CDLs. FMCSA has analyzed the exemption application and the public
comments and has determined that the exemption, subject to the terms
and conditions imposed, will achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.
DATES: The exemption is effective from September 23, 2016 through
September 24, 2018.
FOR FURTHER INFORMATION CONTACT: Mr. Tom Yager, Chief, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: (614) 942-6477. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from some 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 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, and
explain the terms and conditions of the exemption. The exemption may be
renewed (49 CFR 381.300(b)).
Request for Exemption
CRST is one of the nation's largest transportation companies with a
fleet of more than 4,500 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 drive a
truck without a CDL holder being present in the front seat of the
vehicle. CRST indicates that the CDL holder will remain in the vehicle
at all times while the CLP holder is driving--just not in the front
seat. 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 49 CFR part 383.
CRST noted the trucking industry's need for qualified and well-
trained drivers to meet increasing shipping demands. CRST believes that
49 CFR 383.25(a)(1) limits its ability to 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 CRST time to
route the new driver to his or her State of domicile to obtain the
permanent 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 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 CLP holders who have
passed their skills testing 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; or (2) CRST sends CLP holders
back to their home State as passengers on one of its trucks. 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.
CRST asserts that the exemption would be consistent with the
Agency's comments in the preamble to the final rule adopting Sec.
383.25 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 26854, 26861 May 9, 2011). The exemption sought
would apply only to those CRST drivers who have passed the CDL skills
test and hold a CLP. CRST 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 received the actual CDL document from a State driver
licensing agency.
Public Comments
On January 5, 2016, FMCSA published notice of this application and
requested public comment (81 FR 291). The Agency received 56 comments.
Most of the comments opposed to the CRST request were from truck
drivers, driver-trainers, and other individuals. These respondents do
not believe that it is safe for a CLP holder to operate a CMV without
the supervision of a CDL driver-trainer in the front seat of the truck.
The Iowa Motor Truck Association (IMTA) supported the exemption
request, commenting that if CLP holders are properly trained and
tested, the fact that they have not yet obtained their
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CDL credential would in no way compromise the safety of the operation.
IMTA added that granting this exemption would enhance the productivity
while maintaining the safety of CRST's operation. It would also give
the applicant flexibility to allow a CLP holder who has successfully
passed all CDL exams to operate more freely and in a way that benefits
the driver, the carrier and the economy as a whole. According to IMTA,
one of the issues with the current CLP rule is the fact that it's not
always convenient to allow the CLP driver to return to their home state
immediately after completing training and passing their CDL exam. The
exemption would allow these drivers to join a team operation, and give
CRST the time to get CLP holders through their State of domicile at a
future time to complete the conversion of the CLP to a CDL. IMTA is
confident in the safety and performance of CRST and believe that, if
granted, these drivers would operate safely within the terms of their
exemption.
Opposing the exemption were three industry groups, the Advocates
for Highway and Auto Safety (Advocates), the Owner-Operator Independent
Drivers Association (OOIDA), and the International Brotherhood of
Teamsters (IBT).
Advocates commented that ``FMCSA must reject the CRST application
because it undermines existing Federal safety regulations, and will
usurp the exclusive authority of states to determine who should be
granted commercial driving privileges associated with the issuance of a
CDL. The Application also fails to evaluate any potential safety risk
to the public or address alternative means of pursuing the goal of the
exemption. The Application appears to be an obvious attempt to increase
company profits while ignoring the potentially significant increase in
truck crash risk to the motoring public.''
OOIDA believes the exemption sought by CRST is not in the interest
of highway safety, will put OOIDA members who share the road with these
poorly trained drivers at risk, and fails to demonstrate that an
exemption would result in ``a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption''
as set forth in 49 U.S.C. 31315(b). Further, OOIDA states that CRST
does not demonstrate that it is ``significantly burdened'' by the
existing regulation and rather only demonstrates a desire to increase
productivity and preserve CRST's current business practices. OOIDA
finds the request fails to meet the applicable standards the FMCSA must
consider and is ill-timed, considering FMCSA is currently reviewing
entry-level driver training standards.
In a similar vein, IBT commented, ``It is clear from CRST's
application that it is more concerned about saving money and retaining
the investment that it has made in the training of the driver than
making sure that the CLP holder receives the proper mentoring and
supervision needed for first time CLP holders while they gather their
behind-the-wheel training. Neither the DOT nor the FMCSA should
entertain the relaxing of important safety standards so that motor
carriers have a better opportunity to retain drivers that they have
trained. The idea that a driver may not return to the company that
provided his/her training has more to do with overall pay and benefits
that the motor carrier may be offering in the long term than the time
or distance traveled for the CLP holder to obtain a CDL from the CLP
holder's home state in the short term. Neither should it be a goal of
the DOT or FMCSA to `promote greater productivity' for a motor carrier
or allow CLP holders to `actively earn a living faster.' The
department's goal should be safety. Finally, the IBT feels strongly
that there is no substituting the skills test for behind-the-wheel
training of CLP holders by experienced CDL holders in the front seat of
the CMV.''
FMCSA Response and Decision
The premise of respondents opposing the exemption is that CLP
holders lack experience and are safer drivers when observed by a CDL
driver-trainer who is on duty and in the front seat of the vehicle. The
fact is that CLP holders who have passed the CDL skills test are
qualified and eligible to obtain a CDL. If these CLP holders had
obtained their training and CLPs in their State of domicile, they could
immediately obtain their CDL at the State driver licensing agency and
begin driving a CMV without any on-board supervision. There is no data
showing that having a CDL holder accompany a CLP holder who has passed
the skills test improves safety. Because these drivers have passed the
CDL skills test, the only thing necessary to obtain the CDL is to visit
the Department of Motor Vehicles office in their State of domicile.
FMCSA has evaluated CRST's application for exemption and the public
comments. The Agency believes that CRST's overall safety performance,
as reflected in its ``satisfactory'' safety rating, will enable it to
achieve a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption (49 CFR 381.305(a)). The
exemption is restricted to CRST's CLP holders who have documentation
that they have passed the CDL skills test. The exemption will enable
these drivers to operate a CMV as a team driver without requiring the
accompanying CDL holder be on duty and in the front seat while the
vehicle is moving.
Terms and Conditions of the Exemption
Period of the Exemption
This exemption from the requirements of 49 CFR 383.25(a)(1) is
effective during the period of September 23, 2016 through September 24,
2018.
Extent of the Exemption
The exemption is contingent upon CRST maintaining USDOT
registration, minimum levels of public liability insurance, and not
being subject to any ``imminent hazard'' or other out-of- service (OOS)
order issued by FMCSA. Each driver covered by the exemption must
maintain a valid driver's license and CLP with the required
endorsements, not be subject to any OOS order or suspension of driving
privileges, and meet all physical qualifications required by 49 CFR
part 391.
This exemption from 49 CFR 383.25(a)(1) will allow CRST drivers who
hold a CLP and have successfully passed a CDL skills test, to drive a
CMV without a CDL holder being present in the front seat of the
vehicle. The CDL holder must remain in the vehicle at all times while
the CLP holder is driving--just not in the front seat.
Preemption
During the period this exemption is in effect, no State may enforce
any law or regulation that conflicts with or is inconsistent with the
exemption with respect to a person or entity operating under the
exemption (49 U.S.C. 31315(d)).
FMCSA Accident Notification
CRST must notify FMCSA within 5 business days of any accidents (as
defined by 49 CFR 390.5) involving the operation of any of its CMVs
while utilizing this exemption. The notification must be by email to
MCPSD@DOT.GOV, and include the following information:
a. Exemption Identifier: ``CRST''
b. Date of the accident,
c. City or town, and State, in which the accident occurred, or which is
closest to the scene of the accident,
d. Driver's name and driver's license number,
e. Vehicle number and State license number,
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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, or
motor carrier safety regulations, and
j. The total driving time and the total on-duty time of the CMV driver
at the time of the accident.
Termination
The FMCSA does not believe the CLP-holders covered by the exemption
will experience any deterioration of their safety record. However,
should this occur, FMCSA will take all steps necessary to protect the
public interest, including revocation of the exemption. The FMCSA will
immediately revoke the exemption for failure to comply with its terms
and conditions.
Issued on: September 12, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-22961 Filed 9-22-16; 8:45 am]
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