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TITLE Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 7 August 2023 Subjects: American Government  , Driver Licensing, Trucking
Topic: CRST The Transportation Solution |
[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]
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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
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.
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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:
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 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
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