Notice2024-10540
Commercial Driver's License Standards: Application for Exemption Renewal; CRST The Transportation Solution (Formerly Known as CRST Expedited, Inc.)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 14, 2024
Effective
September 24, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 94 (Tuesday, May 14, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Notices]
[Pages 42055-42056]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10540]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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; <a href="/cdn-cgi/l/email-protection#03736662716f6a662d716c616a6d706c6d43676c772d646c75"><span class="__cf_email__" data-cfemail="89f9ece8fbe5e0eca7fbe6ebe0e7fae6e7c9ede6fda7eee6ff">[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
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 14, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.