Notice2025-12205
Application for Employment: CloudTrucks, LLC., Application for Exemption
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
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on the application submitted by CloudTrucks, LLC (CloudTrucks) for an exemption from certain requirements of the application for employment regulations. Specifically, CloudTrucks seeks an exemption from the requirement to collect the following information from prospective drivers: list of employers' names, addresses, dates of employment, reason for leaving, nature of the position the driver held, and if the driver was subject to the alcohol and controlled substances testing requirements. Instead, CloudTrucks proposes using its own verification process that consists of cross-referencing national databases to include HireRight's Drive-A- Check (DAC) report, FMCSA's Drug and Alcohol Clearinghouse (DACH), Pre- employment Screening Program (PSP), Commercial Driver's License Information System (CDLIS).
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Notices]
[Pages 28856-28858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12205]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0128]
Application for Employment: CloudTrucks, LLC., Application for
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA requests public comment on the application submitted by
CloudTrucks, LLC (CloudTrucks) for an exemption from certain
requirements of the application for employment regulations.
Specifically, CloudTrucks seeks an exemption from the requirement to
collect the following information from prospective drivers: list of
employers' names, addresses, dates of employment, reason for leaving,
nature of the position the driver held, and if the driver was subject
to the alcohol and controlled substances testing requirements. Instead,
CloudTrucks proposes using its own verification process that consists
of cross-referencing national databases to include HireRight's Drive-A-
Check (DAC) report, FMCSA's Drug and Alcohol Clearinghouse (DACH), Pre-
employment Screening Program (PSP), Commercial Driver's License
Information System (CDLIS).
DATES: Comments must be received on or before July 31, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0128 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,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: 1200 New Jersey Avenue SE, West
Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2025-0128) for this notice. 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.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, 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 (Federal Docket Management System (FDMS)), which
can be reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without
edit and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 366-9220; or
[[Page 28857]]
<a href="/cdn-cgi/l/email-protection#56343324383732332222337821373a3d33241632392278313920"><span class="__cf_email__" data-cfemail="096b6c7b67686d6c7d7d6c277e6865626c7b496d667d276e667f">[email protected]</span></a>. If you have questions on viewing or
submitting material to the docket, contact Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2025-0128), indicate the specific section of this
document to which the comment applies, and provide a reason for your
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="https://www.regulations.gov/docket/FMCSA-2025-0128/document">https://www.regulations.gov/docket/FMCSA-2025-0128/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
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.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Brian Dahlin Chief, Regulatory Evaluation Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
via email at <a href="/cdn-cgi/l/email-protection#c3a1b1aaa2adeda4eda7a2abafaaad83a7acb7eda4acb5"><span class="__cf_email__" data-cfemail="b6d4c4dfd7d898d198d2d7dedadfd8f6d2d9c298d1d9c0">[email protected]</span></a>. At this time, you need not send a
duplicate hardcopy of your electronic CBI submissions to FMCSA
headquarters. Any comments FMCSA receives not specifically designated
as CBI will be placed in the public docket for this notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> insert FMCSA-2025-0128 in the keyword box, select
the document tab and choose the document to review. To view comments,
click this notice, then click ``Browse Comments.'' If you do not have
access to the internet, you may view the docket by visiting Docket
Operations on the ground floor of the DOT 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including the
applicant's safety analysis. The Agency must provide an opportunity for
public comment on the request.
The Agency reviews the application, safety analyses, and public
comments submitted and determines whether granting the exemption would
likely achieve a level of safety equivalent to, or greater than, the
level that would be achieved absent such exemption, pursuant to the
standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish
its decision in the Federal Register (49 CFR 381.315(b)). If granted,
the notice will identify the regulatory provision from which the
applicant will be exempt, the effective period, and all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Applicant's Request
Current Regulatory Requirement
Under 49 CFR 391.21(b)(10)(i)-(iv), prospective driver employees
(meaning applicants) are required to provide prospective motor carrier
employers with the following information: name and address of the
driver's employers during the 3 years preceding the date of the
application, dates of employment, reason for leaving, and for any
driver employed after October 29, 2004, confirmation whether the driver
candidate held a position that was subject to the Federal Motor Carrier
Safety Regulations or designated as safety sensitive by any DOT mode
subject to controlled substance and alcohol testing. Under
391.21(b)(11), the information required in 49 CFR 391.21(b)(10) extends
to 10 years if the applicant was an operator of a CMV proceeding the 3
years contained in paragraph 49 CFR 391.21(b)(1).
Applicant's Request
CloudTrucks is a motor carrier based in Dallas, TX, that operates a
national fleet consisting of over 700 owner-operator power units,
transporting general freight, commodities, and retail products across
the continental United States. CloudTrucks seeks a five-year exemption
from the application for employment requirements in 49 CFR
391.21(b)(10)(i)-(iv) and 391.21(b)(11).
The applicant states that the requirements in 49 CFR
391.21(b)(10)(i)-(iv) and 391.21(b)(11) were created for paper
applications and ``single-fleet carriers.'' The applicant asserts that
these requirements are inefficient and yield low response rates,
frequent errors, and long cycle times. According to the applicant, the
exemption, if granted, would allow the recruiting of qualified drivers
at a faster pace, decrease the administrative workload for prior
employers, and, most crucially, enhance highway safety by relying on
credible federal databases instead of unproductive paper processes.
Applicant's Equivalent Level of Safety
CloudTrucks believes its streamlined approach ensures that an
equivalent level of safety will be achieved. To streamline hiring
without compromising safety, CloudTrucks currently validates each
applicant's background through national databases (PSP, CDLIS, and
DACH). The applicant believes this process collectively provides a more
accurate and timely safety profile than
[[Page 28858]]
what the regulations require. According to the applicant, the following
actions will ensure that an equivalent or greater level of safety is
achieved:
<bullet> Use of PSP crash/inspection reports, CDLIS carrier-code
matching, and HireRight DAC (DAC) (which applicant asserts this
captures every employer that triggered a roadside inspection or filed a
DAC, will likely reveal safety problems and is an appropriate
substitute for 49 CFR 391.21(b)(10));
<bullet> Real-time query of DACH (which applicant notes will ensure
a definitive record);
<bullet> Obtaining DAC archives and motor vehicle records
suspension dates (which applicant notes are fraud-resistant); and
<bullet> Bundling of all database reports on each driver into a
single PDF document (which applicant asserts makes it easier for
investigators to interpret drivers' records maintained by employers).
The applicant included the following additional safeguards it
believes ensure it would likely achieve a level of safety equivalent
to, or greater than, the level that would be achieved absent such
exemption:
<bullet> CloudTrucks Safety Score (0-100) is refreshed nightly,
factoring in electronic logging device (ELD) compliance, speeding,
harsh events, inspections, and crashes.
<bullet> A Three-Strikes Program that includes coaching,
suspension, and termination for individuals who repeatedly engage in
unsafe behavior.
<bullet> Continuous monitoring through in-cab telematics.
<bullet> A zero-tolerance Clearinghouse policy dictates that any
prohibited status leads to immediate disqualification.
Lastly, CloudTrucks' application includes an explanation of a
three-pillar safety program that consist of rigorous on-boarding, real-
time safety scoring, and three strikes accountability. According to
CloudTrucks, ``these initiatives give CloudTrucks a proactive, data-
rich safety net far exceeding the reactive, low-yield phone/fax
processes envisioned in the 1970s-era 49 CFR 391.21.''
A copy of the CloudTrucks LLC's application for exemption is
available for review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on CloudTrucks LLC's application
for an exemption from the requirements in 49 CFR 391.21(b)(10) and 49
CFR 391.21(b)(11) to allow the applicant to use its ``streamlined
verification'' process that consists of cross-referencing six nation-
wide databases. All comments received before the close of business on
the comment closing date will be considered and will be available for
examination in the docket at the location listed under the ADDRESSES
section of this notice. Comments received after the comment closing
date will be filed in the public docket and will be considered to the
extent practicable. In addition to late comments, FMCSA will also
continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2025-12205 Filed 6-30-25; 8:45 am]
BILLING CODE 4910-EX-P
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