[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[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: 
[email protected]. 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 
[email protected].

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