[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Notices]
[Pages 42055-42056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10540]


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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 final exemption renewal; renewal of exemption.

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SUMMARY: FMCSA announces its decision to 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 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. FMCSA announced 
its decision to provisionally renew CRST's exemption on August 7, 2023, 
pending a review of any comments received in response to that notice. 
Two comments opposing the exemption were submitted to the docket and 
are discussed below. The Agency believes that CRST and its drivers 
covered by the exemption will maintain a level of safety that is 
equivalent to, or greater than, the level of safety that would be 
achieved by complying with the regulatory requirement.

DATES: This renewed exemption was effective September 24, 2023, and 
expires on September 24, 2028.

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; 202-366-4225; [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

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2015-0480'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2015-0480'' in the keyword box, click ``Search,'' and choose 
the document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets Operations on the ground floor of the DOT 
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 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.

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 FMCSA regulations 
specified in 49 CFR 381.300(c) for up to 5 years, 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.'' (49 U.S.C. 31315(b)(1)). On August 7, 2023, FMCSA 
evaluated CRST's application and provisionally renewed the exemption 
from 49 CFR 383.25(a)(1) for a five-year period, from September 24, 
2023, through September 24, 2028 (88 FR 52241).

III. Background

Current Regulatory Requirements

    FMCSA's CDL regulations in 49 CFR 383.25 establish minimum 
requirements for a 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.

IV. Application for Renewal of Exemption

    CRST requested a second renewal of an exemption from the CDL 
requirements in 49 CFR 383.25(a)(1). Under the exemption, a CLP holder 
who has passed the skills test but not yet received the CDL document 
may drive a CMV accompanied by a CDL holder who is not necessarily in 
the passenger seat, provided the CLP driver possesses documentation of 
passing the skills test from the State that administered the test.

V. Public Comments

    On August 7, 2023, FMCSA published its decision to provisionally 
grant a five-year renewal of CRST's original exemption, through 
September 24, 2028, and asked for public comment (88 FR 52241). Two 
comments were submitted to the docket, both opposed to the exemption 
renewal.
    An anonymous individual said, ``Do not allow rookie drivers on the 
road. This is killing and injuring many people. Inside Edition did a 
report on the increase of trucking deaths from drivers without much 
experience. CRST wants to make money without any accountability on the 
experience level of their drivers. When will our government put people 
over profits?''
    A joint comment was filed by the Truck Safety Coalition, Citizens 
for Reliable and Safe Highways, and

[[Page 42056]]

Parents Against Tired Truckers. In the joint comment, the organizations 
contended that CRST has never demonstrated that the exemption met the 
equivalent level of safety requirements under 49 U.S.C. 31136(e) and 
31315(b)(2) and therefore the exemption should never have been granted. 
The commenters also asserted that the exemption undermines the safety 
benefits provided by the direct supervision of a CDL holder and, 
moreover, that CRST's publicly available safety and inspection data 
``does not inspire confidence.''

VI. Response to Public Comments and Agency Decision

    The main premise of commenters opposing the exemption is that CLP 
holders lack experience and are safer drivers when directly observed by 
a CDL holder who is on duty and in the front seat of the vehicle. FMCSA 
notes, however, that CLP holders who have passed the CDL skills test 
have demonstrated their abilities to safely operate the CMV. The 
exemption therefore applies only to CRST drivers who have completed 
required entry-level driver training requirements, set forth in 49 CFR 
part 380, subpart F, and passed the CDL skills test. If these CLP 
holders had passed the skills test in their State of domicile, they 
could immediately obtain their CDL or temporary CDL and begin driving 
CMVs without any on-board supervision. Drivers who have passed the CDL 
skills test outside their State of domicile must obtain the physical 
CDL credential from their State of domicile. The exemption permits 
these individuals who are employed by CRST to work productively as team 
CMV drivers during the period between passing the skills test and 
receiving their CDL, without requiring the accompanying CDL holders to 
be on duty and in the front seat.
    In response to the comment regarding CRST's safety record, the 
Agency believes that CRST's overall safety performance, as reflected in 
its ``satisfactory'' safety rating, will enable it to maintain a level 
of safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption (49 CFR 381.305(a)). The specific basis 
for the Agency's conclusions on the safety equivalence of operations 
conducted under this exemption are set forth in FMCSA's August 7, 2023, 
provisional renewal Notice, referenced above.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-10540 Filed 5-13-24; 8:45 am]
BILLING CODE 4910-EX-P