Commercial Driver's License Standards: C.R. England, Inc.; Granting of Renewal of Exemption |
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Topics: C.R. England
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Randi F. Hutchinson
Federal Motor Carrier Safety Administration
12 June 2017
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26975-26977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12082]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0406]
Commercial Driver's License Standards: C.R. England, Inc.;
Granting of Renewal of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
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SUMMARY: FMCSA announces its decision to renew an exemption for C.R.
England, Inc. (C.R. England) requirements that a commercial learner's
permit (CLP) holder is always
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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 operates it on public roads or highways.
The exemption renewal allows CLP holders who have passed the skills
test but not yet received the CDL document to drive a C.R. England
commercial motor vehicle (CMV) accompanied by a CDL holder who is not
necessarily in the passenger seat, provided the driver has
documentation of passing the skills test. C.R. England currently holds
an exemption for the period June 11, 2015 through June 12, 2017. FMCSA
requests public comment on the renewal of C.R. England's exemption.
DATES: This exemption renewal is effective June 13, 2017, through June
12, 2022. Comments must be received on or before July 12, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2014-0406 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov. See
the Public Participation and Request for Comments section below for
further information.
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.,
ET, 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 FDMS 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. 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. 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-2014-0406), 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-2014-0406'' 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. 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.
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 (FMCSRs). FMCSA must publish a notice of each exemption in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
exemption, including any safety analyses that have been conducted. The
Agency must also provide an opportunity for public comment.
The Agency reviews safety analyses and public comments submitted,
and determines whether renewal of 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 Renewal
C.R. England's initial exemption application from the provisions of
49 CFR 383.25(a)(1) was submitted in 2014; a copy is in the docket
identified at the beginning of this notice. The 2014 application
described fully the nature of the C.R. England operations and CMV
drivers. The exemption was originally granted on June 11, 2015 (80 FR
33329). C. R. England now requests a renewal of the exemption.
The current exemption excuses C.R. England from the requirement
that a driver accompanying a CLP holder must be physically present at
all times in the front seat of a CMV, on the condition that the CLP
holder has successfully passed an approved CDL skills test. C.R.
England's 2014 application argued that the existing requirement is
inefficient and unproductive, as the company must incur added expense
to send the driver to his or her home State to collect a CDL document.
Under that rule, the driver is not only unable to utilize newly
acquired driving skills, but must also forego compensation before
obtaining a CDL. C.R. England believes that FMCSA should renew the
exemption for an additional 5-year period because it results in safer
drivers. It allows C.R. England to foster a more productive and
efficient training environment by allowing CLP holders to hone their
recently acquired driving skills through on-the-job training and to
begin earning an income right away, producing immediate benefits for
the driver, the carrier, and the economy as a whole.
[[Page 26977]]
IV. Method To Ensure an Equivalent or Greater Level of Safety
C.R. England states that the exemption does not negatively affect
safety outcomes. Instead, it allows drivers trained out-of-state to
obtain on-the-job experience in C.R. England's comprehensive training
program while avoiding significant delays and skill degradation. The
exemption creates immediate economic and safety benefits for both the
CLP holders and C.R. England--the driver earns an income as part of a
team operation while improving driver skills and gaining valuable
experience.
C.R. England indicated in its renewal application that 3,046
drivers had utilized the original exemption. Its safety data show that
drivers using the exemption demonstrated better safety outcomes than
non-exempt drivers. Through the end of 2016, C.R. England reported 11
accidents to FMCSA involving drivers utilizing the exemption, none of
which resulted in a fatality. The renewal of the exemption would be
effective for 5 years, the maximum period allowed by Sec. 381.300.
V. 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 June 13, 2017, through June 12, 2022.
Extent of the Exemption
The exemption is contingent upon C.R. England 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, document that he or she has passed the CDL skills test,
not be subject to any OOS order or suspension of driving privileges,
and meet all physical qualifications required by 49 CFR part 391.
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
C.R. England 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:
1. Name of the Exemption: ``C.R. England CLP''
2. Date of the accident,
3. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
4. Driver's name and driver's license number,
5. Vehicle number and State license number,
6. Number of individuals suffering physical injury,
7. Number of fatalities,
8. The police-reported cause of the accident,
9. Whether the driver was cited for violation of any traffic
laws, or motor carrier safety regulations, and
10. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.
VI. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on the renewal of C.R. England's exemption from
the provisions in 49 CFR 383.25(a)(1). The Agency will consider all
comments received by close of business on July 12, 2017. Comments will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice.
VII. Safety Oversight
FMCSA expects C.R. England, operating under the terms and
conditions of this exemption, to maintain its safety record. However,
should safety deteriorate, FMCSA will, consistent with the statutory
requirements of 49 U.S.C. 31315, take all steps necessary to protect
the public interest. Authorization of the exemption is discretionary,
and FMCSA will immediately revoke the exemption for failure to comply
with the terms and conditions of the exemption.
Issued on: June 6, 2017.
Randi F. Hutchinson,
Chief Counsel.
[FR Doc. 2017-12082 Filed 6-9-17; 8:45 am]
BILLING CODE 4910-EX-P