Commercial Driver's License Standards: Application for Exemption Renewal; C.R. England, Inc. Publication: Federal Register Signing Official: Robin Hutcheson Agency/Department: Federal Motor Carrier Safety Administration Date: 16 June 2022 Topic: C.R. England

[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36360-36362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12921]


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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 
Renewal; C.R. England, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of exemption renewal; request for comments.

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SUMMARY: FMCSA announces its decision to provisionally renew a C.R. 
England, Inc. (C.R. England) exemption from the regulatory provisions 
that require 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. The exemption allows a CLP holder who has 
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. The exemption renewal is for 
5 years.

DATES: This renewed exemption is effective June 13, 2022 and expires on 
June 12, 2027. Comments must be received on or before July 18, 2022.

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. 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, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 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-2014-0406). 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. Bernadette Walker, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; (202) 385-2415; MCPSD@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.

[[Page 36361]]

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 comment online, go to www.regulations.gov and put 
the docket number FMCSA-2014-0406 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 ``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.'' 
C.R. England has requested a five-year extension of the current 
exemption in Docket No. FMCSA-2014-0406.

III. Background

Current Regulation(s) Requirements

    FMCSA's CDL regulations provide minimum training conditions for 
behind-the-wheel training of a CLP holder in 49 CFR 383.25. Section 
383.25(a)(1) requires that a CLP holder at all times be accompanied by 
a CDL holder with the proper CDL class and endorsements. The CDL holder 
must be seated in the front seat of the vehicle while the CLP holder 
performs behind-the-wheel training on public roads or highways.

Application for Renewal of Exemption

    FMCSA published notice of C.R. England's initial application for 
exemption from 49 CFR 383.25(a)(1) to this docket on November 28, 2014 
[79 FR 70916]. That notice described the nature of C.R. England's 
operations. FMCSA published a notice granting C.R. England's exemption 
request on June 11, 2015, which was effective through June 12, 2017 [80 
FR 33329]. FMCSA found that C.R. England would likely achieve a level 
of safety that was equivalent to, or greater than, the level of safety 
that would be obtained by complying with the regulation because CLP 
holders who have passed the CDL skills test are qualified and eligible 
to obtain a CDL. FMCSA published a notice granting C.R. England's 
request to renew its exemption to this docket on June 12, 2017 [82 FR 
26975]. FMCSA addressed public comments and reaffirmed the renewal on 
October 20, 2017 [82 FR 48889]. The renewal expires on June 12, 2022.
    C.R. England has now requested an additional renewal of the 
exemption for another 5-year period. A copy of C.R. England's request 
has been placed in the docket to this notice.

IV. Equivalent Level of Safety

    FMCSA determined in 2015 and again in 2017 that C.R. England 
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 20, 2017 notice that CLP holders who have passed 
the CDL skills test are qualified and eligible to obtain a CDL. If 
those CLP holders obtained their CLPs and training in their State of 
domicile, they could immediately receive their CDL at the State driver 
licensing agency and begin driving a CMV without any on-board 
supervision.
    In its January 21, 2022 application for renewal, C.R. England 
states that in the six and a half years that it has operated under the 
exemption (from mid-2015 through the end of 2021), 17,249 drivers used 
the exemption and traveled over 150 million miles. During that period, 
52 injury and no fatal crashes occurred. C.R. England states that its 
overall crash rates have declined since 2015, with a 10% reduction in 
total crashes and a 38% reduction in injury crashes. C.R. England 
believes that, under the exemption, it achieves a level of safety that 
is greater than the level of safety obtained by compliance with section 
383.25(a)(1), because new drivers may immediately begin using their 
skills rather than waiting until they return to their State of domicile 
to obtain the permanent CDL.
    FMCSA is unaware of any evidence of a degradation of safety 
attributable to the current exemption for C.R. England drivers. There 
is no indication of an adverse impact on safety while operating under 
the terms and conditions specified in the initial exemption or 
exemption renewal.
    FMCSA concludes that provisionally extending the exemption granted 
on June 11, 2015 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 
public comments that would cause the Agency to terminate the exemption 
under Sec. V.F. below. The exemption from the requirements of 49 CFR 
383.25(a)(1), is otherwise effective June 13, 2022 through June 12, 
2027, 11:59 p.m. local time, unless renewed or rescinded.

B. Applicability of Exemption

    The exemption excuses C.R. England from the requirement that a 
driver accompanying a CLP holder always be physically present in the 
front seat of a CMV, on the condition that the CLP holder has 
successfully passed an approved CDL skills test.

C. Terms and Conditions

    When operating under this exemption, C.R. England and its drivers 
are subject to the following terms and conditions:
    (1) C.R. England and its drivers must comply with all other 
applicable Federal Motor Carrier Safety Regulations (49 CFR part 350-
399);
    (2) The drivers must be in possession of a valid State driver's 
license, CLP with the required endorsements, and documentation that 
they have passed the CDL skills test;
    (3) The drivers must not be subject to any OOS 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

[[Page 36362]]

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

    C.R. England 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: ``C.R. England'';
    (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; and
    (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) C.R. England 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.

VI. Request for Comments

    FMCSA requests public comment from all interested persons on C.R. 
England'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, FMCSA 
will take immediate steps to rescind the exemption of the company or 
companies and drivers in question.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-12921 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-EX-P