Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48889 

instituted several technical and 

administrative controls to ensure the 

efficient transportation of cargo 

requiring protective services, controls 

that would remain in effect under the 

requested exemption. They include the 

following: 

• Conducting review of carrier 

compliance requirements and 

procedures for moving hazardous cargo. 

• Evaluating carrier authority to 

operate on United States roadways. 

• Evaluating carrier compliance with 

the Federal Motor Carrier Safety 

Administration’s Compliance Safety 

Accountability Program Safety 

Measurement System standards. 

• Providing over-the-road vehicle 

surveillance. 

• Inspecting carrier facilities and 

corporate headquarters for compliance 

with DOD and DOT standards. 

Further details regarding SDDC’s 

safety controls can be found in its initial 

application for exemption. The 

application can be accessed in the 

docket identified at the beginning of this 

notice. SDDC asserts that granting the 

exemption would allow driver teams to 

manage their en route rest periods 

efficiently and also perform mandated 

shipment security surveillance, 

resulting in both safe driving 

performance and greater security of 

cargo during long-distance trips. 

SDDC anticipates no safety impacts 

from this exemption and believes that 

its contract employee drivers should be 

allowed to follow the requirements in 

§ 395.1(q) when transporting shipments 

of sensitive DOD cargo. SDDC believes 

that shipments made under the 

requested exemption would achieve a 

level of safety and security that is at 

least equivalent to that which would be 

obtained by following the normal break 

requirement in § 395.3(a)(3)(ii). 

SDDC indicated that approximately 

1,942 power units and 3,000 drivers 

would be covered by the exemption. 

The renewed exemption is effective for 

5 years, the maximum period allowed 

by § 381.300. 

VI. Terms of the Exemption 

1. Drivers authorized by SDDC to 

utilize the exemption renewal, must 

have a copy of the exemption document 

in their possession while operating 

under the terms of the exemption. The 

exemption document must be presented 

to law enforcement officials upon 

request. 

2. All motor carriers operating under 

this exemption must have a 

‘‘Satisfactory’’ safety rating with 

FMCSA, or be ‘‘unrated;’’ motor carriers 

with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ 

FMCSA safety ratings are prohibited 

from using this exemption. 

Period of the Exemption 

The exemption from the requirements 

of 49 CFR 395.3(a)(3)(ii) is effective from 

12:01 a.m., October 22, 2018, through 

11:59 p.m., October 21, 2023. 

Extent of the Exemption 

The exemption is restricted to SDDC’s 

contract driver-employees transporting 

security-sensitive materials. This 

exemption is limited to the provisions 

of 49 CFR 395.3(a)(3)(ii) and allows 

contract driver-employees transporting 

security-sensitive materials to be treated 

the same as drivers transporting 

explosives, as provided in Section 

395.1(q). These drivers are required to 

comply with all other applicable 

provisions of the FMCSRs. 

Preemption 

In accordance with 49 U.S.C. 

31313(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation applicable 

to interstate commerce 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. 

FMCSA Accident Notification 

SDDC must notify FMCSA within 5 

business days of any accidents (as 

defined by 49 CFR 390.5) involving the 

operation of any of its CMVs while 

utilizing this exemption. The 

notification must be by email to 

MCPSD@DOT.GOV, and include the 

following information: 

a. Name of the Exemption: ‘‘SDDC’’, 

b. Date of the accident, 

c. City or town, and State, in which 

the accident occurred, or which is 

closest to the scene of the accident, 

d. Driver’s name and driver’s license 

State, number, and class, 

e. Co-Driver’s name and driver’s 

license State, number, and class, 

f. Vehicle company number and 

power unit license plate State and 

number, 

g. Number of individuals suffering 

physical injury, 

h. Number of fatalities, 

i. The police-reported cause of the 

accident, 

j. Whether the driver was cited for 

violation of any traffic laws, or motor 

carrier safety regulations, and 

k. The total driving time and the total 

on-duty time of the CMV driver at the 

time of the accident. 

In addition, if there are any injuries or 

fatalities, the carrier must forward the 

police accident report to MCPSD@

DOT.GOV as soon as available. 

Termination 

The FMCSA does not believe the 

drivers covered by this exemption will 

experience any deterioration of their 

safety record. However, should this 

occur, FMCSA will take all steps 

necessary to protect the public interest, 

including revocation or restriction of the 

exemption. The FMCSA will 

immediately revoke or restrict the 

exemption for failure to comply with its 

terms and conditions. 

Issued on: October 16, 2017. 

Daphne Y. Jefferson, 

Deputy Administrator. 

[FR Doc. 2017–22832 Filed 10–19–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0406] 

Commercial Driver’s License 

Standards: Application for Exemption; 

C.R. England 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to re-affirm renewal of an 

exemption granted to C.R. England from 

the regulation that requires 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. Under this 

exemption, a CLP holder who has 

documentation of passing the CDL skills 

test may drive a commercial motor 

vehicle (CMV) for C.R. England without 

being accompanied by a CDL holder in 

the front seat of the vehicle. The 

exemption enables CLP holders to drive 

as part of a team like other C.R. England 

team drivers. FMCSA has analyzed the 

public comments in response to the 

exemption renewal and has determined 

that the renewed exemption, subject to 

the terms and conditions imposed, will 

likely achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved absent such 

exemption. 


srobinson on DSKBC5CHB2PROD with NOTICES
48890 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 

DATES: The exemption is effective from 

June 13, 2017, through June 12, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, FMCSA Driver 

and Carrier Operations Division; Office 

of Carrier, Driver and Vehicle Safety 

Standards; Telephone: 614–942–6477. 

Email: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 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 

any safety analyses that have been 

conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews the safety 

analyses and the public comments, and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reason for the 

grant or denial, and, if granted, the 

specific person or class of persons 

receiving the exemption, and the 

regulatory provision or provisions from 

which exemption is granted. The notice 

must also specify the effective period of 

the exemption (up to 5 years), and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

Request for Exemption Renewal 

C.R. England’s initial exemption 

application from the provisions of 49 

CFR 383.25(a)(1) was submitted in 2014; 

a copy is in the docket identified at the 

beginning of this notice. The 2014 

application described fully the nature of 

the C.R. England operations and CMV 

drivers. The exemption was granted on 

June 11, 2015 (80 FR 33329) and 

renewed for 5 years on June 12, 2017 (82 

FR 26975). 

The exemption excuses C.R. England 

from the requirement that a driver 

accompanying a CLP holder must be 

physically present at all times in the 

front seat of a CMV, on the condition 

that the CLP holder has successfully 

passed an approved CDL skills test. C.R. 

England’s 2014 application argued that 

the existing requirement is inefficient 

and unproductive, as the company must 

incur added expense to send the driver 

to his or her home State to collect a CDL 

document. C.R. England believed that 

FMCSA should renew the exemption for 

an additional 5-year period because it 

results in safer drivers. It allows C.R. 

England to foster a more productive and 

efficient training environment by 

allowing CLP holders to hone their 

recently acquired driving skills through 

on-the-job training and to begin earning 

an income right away, producing 

immediate benefits for the driver, the 

carrier, and the economy as a whole. 

Public Comments 

In response to the notice renewing the 

exemption, the Agency received six 

docket comments from truck drivers, 

driver-trainers, and other individuals, 

all opposing that decision. These 

respondents do not believe that it is safe 

for a CLP holder to operate a CMV 

without the supervision of a CDL drivertrainer in the front seat of the vehicle. 

FMCSA Response and Decision 

The premise of respondents opposing 

the exemption is that CLP holders lack 

experience and are safer drivers when 

observed by a CDL driver-trainer who is 

on duty and in the front seat of the 

vehicle. The fact is that CLP holders 

who have passed the CDL skills test are 

qualified and eligible to obtain a CDL. 

If these CLP holders had 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. 

There is no evidence that having a CDL 

holder accompany a CLP holder who 

has passed the skills test improves 

safety. Because these drivers have 

passed the CDL skills test, the only 

thing necessary to obtain the CDL is to 

visit the Department of Motor Vehicles 

in their State of domicile. 

C.R. England’s overall safety 

performance is reflected in its 

‘‘satisfactory’’ safety rating. The 

exemption is restricted to C.R. England’s 

CLP holders who have documentation 

that they have passed the CDL skills 

test. The exemption will enable these 

drivers to operate a CMV as a team 

driver without requiring the 

accompanying CDL holder be on duty 

and in the front seat while the vehicle 

is moving. FMCSA therefore reaffirms 

its decision to renew the exemption 

because it will likely enable C.R. 

England drivers to achieve a level of 

safety equivalent to, or greater than, the 

level of safety achieved without the 

exemption (49 CFR 381.305(a)). 

Terms and Conditions of the Exemption 

Period of the Exemption 

This exemption from the 

requirements of 49 CFR 383.25(a)(1) is 

effective during the period from June 13, 

2017 through June 12, 2022. 

Extent of the Exemption 

The exemption is contingent upon 

C.R. England maintaining USDOT 

registration, minimum levels of public 

liability insurance, and not being 

subject to any ‘‘imminent hazard’’ or 

other out-of- service (OOS) order issued 

by FMCSA. Each driver covered by the 

exemption must maintain a valid 

driver’s license and CLP with the 

required endorsements, not be subject to 

any OOS order or suspension of driving 

privileges, and meet all physical 

qualifications required by 49 CFR part 

391. 

Preemption 

During the period this exemption is in 

effect, no State may enforce any law or 

regulation that conflicts with or is 

inconsistent with the exemption with 

respect to a person or entity operating 

under the exemption (49 U.S.C. 

31315(d)). 

FMCSA Accident Notification 

C.R. England must notify FMCSA 

within 5 business days of any accidents 

(as defined by 49 CFR 390.5) involving 

the operation of any of its CMVs while 

utilizing this exemption. The 

notification must be by email to 

MCPSD@DOT.GOV, and include the 

following information: 

a. Exemption Identifier: ‘‘C.R. 

England’’ 

b. Date of the accident, 

c. City or town, and State, in which 

the accident occurred, or which is 

closest to the scene of the accident, 

d. Driver’s name and driver’s 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, or motor 

carrier safety regulations, and 

j. The total driving time and the total 

on-duty time of the CMV driver at the 

time of the accident. 

Termination 

The FMCSA does not believe the CLPholders covered by the exemption will 

experience any deterioration of their 

safety record. However, should this 


srobinson on DSKBC5CHB2PROD with NOTICES
Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48891 

occur, FMCSA will take all steps 

necessary to protect the public interest, 

including revocation of the exemption. 

The FMCSA will immediately revoke 

the exemption for failure to comply 

with its terms and conditions. 

Issued on: September 29, 2017. 

Daphne Y. Jefferson, 

Deputy Administrator. 

[FR Doc. 2017–22841 Filed 10–19–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. DOT–NHTSA–2014–0039] 

Notice and Request for Comments 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of 

Transportation (DOT) invites public 

comments about our intention to request 

the Office of Management and Budget 

(OMB) approval to renew an 

information collection. Before a Federal 

agency can collect certain information 

from the public, it must receive 

approval from the Office of Management 

and Budget (OMB). Under procedures 

established by the Paperwork Reduction 

Act of 1995, before seeking OMB 

approval, Federal agencies must solicit 

public comment on proposed 

collections of information, including 

extensions and reinstatement of 

previously approved collections. 

DATES: Written comments should be 

submitted by December 19, 2017. 

ADDRESSES: You may submit comments 

[identified by Docket No. NHTSA– 

2014–0039] through one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail or Hand Delivery: Docket 

Management Facility, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE., West Building, Room W12– 

140, Washington, DC 20590, between 9 

a.m. and 5 p.m., Monday through 

Friday, except on Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Laurie Flaherty, Coordinator, National 

911 Program, Office of Emergency 

Medical Services, National Highway 

Traffic Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., NTI–140, Room 

W44–322, Washington, DC 20590. (202) 

366–2705. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 2127–0679. 

Title: National 911 Profile Database. 

Type of Review: Renewal/New of an 

information collection. 

Abstract: The National 911 Profile 

Database is funded by the National 911 

Program, which is housed within the 

Office of Emergency Medical Services at 

the National Highway Traffic Safety 

Administration, part of the U.S. 

Department of Transportation. The 

National 911 Program is proposing to 

continue to collect and aggregate 

information from State level reporting 

entities that can be used to measure the 

progress of 911 authorities across the 

country in upgrading their existing 

operations and migrating to—digital, 

Internet-Protocol-based emergency 

communication networks. The data will 

be maintained in a ‘‘National 911 Profile 

Database.’’ One of the objectives of the 

National 911 Program is to develop, 

collect, and disseminate information 

concerning practices, procedures, and 

technology used in the implementation 

of 911 services and to support 911 

Public Safety Answering Points (PSAPs) 

and related State and local agencies for 

911 deployment and operations. The 

National 911 Profile Database can be 

used to follow the progress of 911 

authorities in enhancing their existing 

systems and implementing nextgeneration networks for more advanced 

systems. The information can also be 

used to identify ways in which the 

National 911 Program can support State 

and local 911 authorities in the 

transition process. 

Affected Public: Under this proposed 

effort, the National 911 Program would 

specifically request reporting entities to 

voluntarily collect and annually report 

the data described above utilizing a 

Web-based data collection tool. 

Reporting entities are State level 911 

program officials, and the data reported 

will reflect State-level aggregated data. 

The total maximum number of 

respondents is identified at 56, 

including the 50 States and the six U.S. 

Territories of Guam, U.S. Minor 

Outlying Islands, American Samoa, 

Mariana Islands, U.S. Virgin Islands, 

and Puerto Rico. 

Estimated Number of Respondents: 

The total maximum number of 

respondents is identified at 56, 

including the 50 States and the six U.S. 

Territories of Guam, U.S. Minor 

Outlying Islands, American Samoa, 

Mariana Islands, U.S. Virgin Islands, 

and Puerto Rico. 

Frequency: The reporting entities will 

be requested to submit data annually 

relating to their State or territory, using 

the described Web-based tool. 

Number of Responses: The total 

maximum number of responses is 

identified at 56 annually, including the 

50 States and the six U.S. Territories of 

Guam, U.S. Minor Outlying Islands, 

American Samoa, Mariana Islands, U.S. 

Virgin Islands, and Puerto Rico. 

Estimated Total Annual Burden: The 

Agencies estimate that submitting 

responses to the questions included in 

the proposed survey instrument 

utilizing the Web-based tool would 

require an average of 98 hours to collect, 

aggregate and submit. Estimating the 

maximum number of respondents at 56, 

this would result in a total burden of 

5,488 hours. The respondents would not 

incur any reporting costs from the 

information collection beyond the time 

it takes to gather the information, 

prepare it for reporting and then 

populate the Web-based data collection 

tool. The respondents also would not 

incur any recordkeeping burden or 

recordkeeping costs from the 

information collection. 

• The total estimated costs to 

respondents or record-keepers are based 

on the following: 

• The total hour burden of the 

collection of information equaling 5,488 

hours 

• Respondents will be State, territory, 

and tribal government management 

personnel. To estimate reasonable staff 

expenses to respond to this information 

collection, the Agencies reviewed the 

Bureau of Labor Statistics (BLS) 

Occupational Outlook Handbook and 

determined that the Administrative 

Services Manager description closely 

aligns with the positions of recipient 

staff responsible for completing this 

request. BLS lists a median salary of 

$86,100 annually, amounting to $41.40 

per hour. 

• There are no capital, start-up, or 

annual operation and maintenance costs 

involved in the collection of 

information. 

• Total cost based on hour’s burden 

equals $227,203.20. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including (a) 

whether the proposed collection of 

information is necessary for the 

Department’s performance; (b) the 

accuracy of the estimated burden; (c) 

ways for the Department to enhance the 

quality, utility and clarity of the 

information collection; and (d) ways 

that the burden could be minimized 

without reducing the quality of the 

collected information. The agency will 

summarize and/or include your 


srobinson on DSKBC5CHB2PROD with NOTICES