[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: [email protected]. 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.

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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 [email protected], 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