Notice2022-12921
Commercial Driver's License Standards: Application for Exemption Renewal; C.R. England, Inc.
Primary source
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Published
June 16, 2022
Effective
June 13, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 116 (Thursday, June 16, 2022)</title>
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[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36360-36362]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> 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.
<bullet> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Mrs. Bernadette Walker, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202) 385-2415; <a href="/cdn-cgi/l/email-protection#e5a8a6b5b6a1a5818a91cb828a93"><span class="__cf_email__" data-cfemail="fbb6b8aba8bfbb9f948fd59c948d">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="fab7b9aaa9bebabeb5aed4bdb5ac">[email protected]</a>.
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
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