80 FR 22768 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 78 (April 23, 2015)

Page Range		22768-22769
FR Document		2015-09458

FMCSA announces its decision to grant requests from 17 individuals for exemptions from the Agency's physical qualifications standard concerning hearing for interstate drivers. The current regulation prohibits hearing impaired individuals from operating CMVs in interstate commerce. After notice and opportunity for public comment, the Agency concluded that granting exemptions for these drivers to operate property-carrying CMVs will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. The exemptions are valid for a 2- year period and may be renewed, and the exemptions preempt State laws and regulations.

Federal Register, Volume 80 Issue 78 (Thursday, April 23, 2015)

[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22768-22769]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09458]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0102]


Qualification of Drivers; Application for Exemptions; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant requests from 17 
individuals for exemptions from the Agency's physical qualifications 
standard concerning hearing for interstate drivers. The current 
regulation prohibits hearing impaired individuals from operating CMVs 
in interstate commerce. After notice and opportunity for public 
comment, the Agency concluded that granting exemptions for these 
drivers to operate property-carrying CMVs will provide a level of 
safety that is equivalent to or greater than the level of safety 
maintained without the exemptions. The exemptions are valid for a 2-
year period and may be renewed, and the exemptions preempt State laws 
and regulations.

DATES: The exemptions are effective April 23, 2015. The exemptions 
expire on April 24, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, 
[email protected], FMCSA, Department of Transportation, 1200 New 
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office 
hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov and/or Room W12-140 on the ground 
level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, 
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal 
holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

B. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the safety regulations for a 2-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.'' The statute also allows the Agency to renew exemptions at 
the end of the 2-year period. The current provisions of the FMCSRs 
concerning hearing state that a person is physically qualified to drive 
a CMV if that person:

    First perceives a forced whispered voice in the better ear at 
not less than 5 feet with or without the use of a hearing aid or, if 
tested by use of an audiometric device, does not have an average 
hearing loss in the better ear greater than 40 decibels at 500 Hz, 
1,000 Hz, and 2,000 Hz with or without a hearing aid when the 
audiometric device is calibrated to American National Standard 
(formerly ASA Standard) Z24.5--1951.

49 CFR 391.41(b)(11). This standard was adopted in 1970, with a 
revision in 1971 to allow drivers to be qualified under this standard 
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 
FR 12857 (July 3, 1971).
    FMCSA grants 17 individuals an exemption from Sec.  391.41(b)(11) 
concerning hearing to enable them to operate property-carrying CMVs in 
interstate commerce for a 2-year period. The Agency's decision on these 
exemption applications is based on the current medical literature and 
information and the ``Executive Summary on Hearing, Vestibular Function 
and Commercial Motor Driving Safety'' (the 2008 Evidence Report) 
presented to FMCSA on August 26, 2008. The evidence report reached two 
conclusions regarding the matter of

[[Page 22769]]

hearing loss and CMV driver safety: (1) No studies that examined the 
relationship between hearing loss and crash risk exclusively among CMV 
drivers were identified; and (2) evidence from studies of the private 
driver license holder population does not support the contention that 
individuals with hearing impairment are at an increased risk for a 
crash. In addition, the Agency reviewed each applicant's driving record 
found in the CDLIS,\1\ for CDL holders, and inspections recorded in 
MCMIS.\2\ For non-CDL holders, the Agency reviewed the driving records 
from the State licensing agency. Each applicant's record demonstrated a 
safe driving history. The Agency believes the drivers covered by the 
exemptions do not pose a risk to public safety.
---------------------------------------------------------------------------

    \1\ Commercial Driver License Information System (CDLIS) is an 
information system that allows the exchange of commercial driver 
licensing information among all the States. CDLIS includes the 
databases of 51 licensing jurisdictions and the CDLIS Central Site, 
all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an 
information system that captures data from field offices through 
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA 
inspection, crash, compliance review, safety audit, and registration 
data.
---------------------------------------------------------------------------

C. Comments

    On May 22, 2014, FMCSA published a notice of receipt of exemption 
applications and requested public comment on 17 individuals. The 
comment period ended on June 23, 2014. In response to the notice, FMCSA 
received one comment from Ted Lapatka who said that the rule should be 
followed for the safety of everyone.

D. Exemptions Granted

    Following individualized assessments of the exemption applications, 
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 17 individuals. 
Under current FMCSA regulations, all of the 17 drivers receiving 
exemptions from 49 CFR 391.41(b)(11) would have been considered 
physically qualified to drive a CMV in interstate commerce except that 
they do not meet the hearing requirement. FMCSA has determined that the 
following 17 applicants should be granted an exemption:

Donald Clupper

    Mr. Clupper, 44, holds an operator's license in Delaware.

Andrew Deuschle

    Mr. Deuschle, 45, holds an operator's license in Texas.

James Dignan

    Mr. Dignan, 25, holds an operator's license in Illinois.

Timothy P. Gallagher

    Mr. Gallagher, 52, holds an operator's license in Pennsylvania.

Joseph T. Kelly

    Mr. Kelly, 28, holds an operator's license in Pennsylvania.

Timothy Laporte

    Mr. Laporte, 27, holds an operator's license in Georgia.

James R. Lorshbaugh

    Mr. Lorshbaugh, 44, holds an operator's license in Mississippi.

Douglas Mader

    Mr. Mader, 46, holds an operator's license in Illinois.

Jose A. Martinez

    Mr. Martinez, 52, holds a Class B commercial driver's license (CDL) 
in Texas.

Robert M. Mullens

    Mr. Mullens, 34, holds a Class A commercial driver's license (CDL) 
in New Jersey.

Tim S. Oyler

    Mr. Oyler, 47, holds a Class B commercial driver's license (CDL) in 
Utah.

Alfredo S. Ramirez

    Mr. Ramirez, 44, holds a Class B commercial driver's license (CDL) 
in Texas.

Julie M. Ramirez

    Ms. Ramirez, 43, holds an operator's license in Texas.

Tracy D. Robinson

    Mr. Robinson, 49, holds an operator's license in California.

Linda L. Schmidt

    Ms. Schmidt, 50, holds a Class A commercial driver's license (CDL) 
in Texas.

Kirk A. Soneson

    Mr. Soneson, 49, holds an operator's license in Ohio.

Hayden A. Teesdale

    Mr. Teesdale, 40, holds a Class A commercial driver's license (CDL) 
in Alabama.

E. Basis for Exemption

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the hearing standard in 49 CFR 391.41(b)(11) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. With the exemption, applicants can 
drive in interstate commerce. Thus, the Agency's analysis focuses on 
whether an equal or greater level of safety is likely to be achieved by 
permitting each of these drivers to drive in interstate commerce as 
opposed to restricting him or her to driving in intrastate commerce. 
The driver must comply with the terms and conditions of the exemption. 
This includes reporting any crashes or accidents as defined in 49 CFR 
390.5 and reporting all citations and convictions for disqualifying 
offenses under 49 CFR part 383 and 49 CFR 391.

Conclusion

    The Agency is granting exemptions from the hearing standard, 49 CFR 
391.41(b)(11), to 17 individuals based on an evaluation of each 
driver's safety experience. Safety analysis of information relating to 
these 17 applicants meets the burden of showing that granting the 
exemptions would achieve a level of safety that is equivalent to or 
greater than the level that would be achieved without the exemption. In 
accordance with 49 U.S.C. 31315, each exemption will be valid for 2 
years from the effective date with annual recertification required 
unless revoked earlier by FMCSA. The exemption will be revoked if the 
following occurs: (1) The person fails to comply with the terms and 
conditions of the exemption; (2) the exemption has resulted in a lower 
level of safety than was maintained prior to being granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136 and 31315.
    FMCSA exempts the following 17 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Donald Clupper 
(DE); Andrew Deuschle (TX); James Dignan (IL); Timothy P. Gallagher 
(PA); Joseph T. Kelly (PA); Timothy Laporte (GA); James R. Lorshbaugh 
(MS); Douglas Mader (IL); Jose A. Martinez (TX); Robert M. Mullens 
(NJ); Tim S. Oyler (UT); Alfredo S. Ramirez (TX); Julie M. Ramirez 
(TX); Tracy D. Robinson (CA); Linda L. Schmidt (TX); Kirk A. Soneson 
(OH); and Hayden A. Teesdale (AL).

    Issued on: April 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-09458 Filed 4-22-15; 8:45 am]
 BILLING CODE 4910-EX-P

22768 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

Anthony Thong exemption would not be consistent with A. Electronic Access
Mr. Thong, 31, holds a class A the goals and objectives of 49 U.S.C. You may see all the comments online
commercial driver’s license (CDL) in 31136 and 31315. through the Federal Document
California. FMCSA exempts the following 10 Management System (FDMS) at:
drivers for a period of 2 years from the www.regulations.gov.
Roger Allen Wright physical qualification standard Docket: For access to the docket to
Mr. Wright, 62, holds a class A concerning hearing: Sascha Cotton (FL); read background documents or
commercial driver’s license (CDL) in Keith C. Drown (ID); Norman Estes (AL); comments, go to www.regulations.gov
Alabama. David Garland (ME); James Gooch (MO); and/or Room W12–140 on the ground
Harold Johnson (PA); Michael Paasch level of the West Building, 1200 New
E. Basis for Exemption (NE); William Symonds (IL); Anthony Jersey Avenue SE., Washington, DC,
Under 49 U.S.C. 31136(e) and 31315, Thong (CA); and Roger Allen Wright between 9 a.m. and 5 p.m., e.t., Monday
FMCSA may grant an exemption from (AL). through Friday, except Federal holidays.
the hearing standard in 49 CFR Issued on: April 17, 2015. Privacy Act: In accordance with 5
391.41(b)(11) if the exemption is likely U.S.C. 553(c), DOT solicits comments
Larry W. Minor,
to achieve an equivalent or greater level from the public to better inform its
of safety than would be achieved Associate Administrator for Policy.
rulemaking process. DOT posts these
without the exemption. With the [FR Doc. 2015–09459 Filed 4–22–15; 8:45 am]
comments, without edit, including any
exemption, applicants can drive in BILLING CODE 4910–EX–P
personal information the commenter
interstate commerce. Thus, the Agency’s provides, to www.regulations.gov, as
analysis focuses on whether an equal or described in the system of records
greater level of safety is likely to be DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can
achieved by permitting each of these be reviewed at www.dot.gov/privacy.
drivers to drive in interstate commerce Federal Motor Carrier Safety
as opposed to restricting him or her to Administration B. Background
driving in intrastate commerce. Based [Docket No. FMCSA–2014–0102] Under 49 U.S.C. 31136(e) and 31315,
on its review of each driver’s record, the FMCSA may grant an exemption from
Agency has concluded that allowing Qualification of Drivers; Application for the safety regulations for a 2-year period
these applicants to drive only a Exemptions; Hearing if it finds ‘‘such exemption would likely
property-carrying CMV in interstate achieve a level of safety that is
commerce will achieve an equal level of AGENCY: Federal Motor Carrier Safety equivalent to or greater than the level
safety. Each driver must comply with Administration (FMCSA), DOT. that would be achieved absent such
the terms and conditions of the ACTION: Notice of final disposition. exemption.’’ The statute also allows the
exemption. This includes reporting any Agency to renew exemptions at the end
crashes or accidents as defined in 49 SUMMARY: FMCSA announces its of the 2-year period. The current
CFR 390.5 and reporting all citations decision to grant requests from 17 provisions of the FMCSRs concerning
and convictions for disqualifying individuals for exemptions from the hearing state that a person is physically
offenses under 49 CFR part 383 and 49 Agency’s physical qualifications qualified to drive a CMV if that person:
CFR 391. standard concerning hearing for
interstate drivers. The current regulation First perceives a forced whispered voice in
Conclusion the better ear at not less than 5 feet with or
prohibits hearing impaired individuals without the use of a hearing aid or, if tested
The Agency is granting exemptions from operating CMVs in interstate by use of an audiometric device, does not
from the hearing standard, 49 CFR commerce. After notice and opportunity have an average hearing loss in the better ear
391.41(b)(11), to 10 CDL holders based for public comment, the Agency greater than 40 decibels at 500 Hz, 1,000 Hz,
on an evaluation of each driver’s safety concluded that granting exemptions for and 2,000 Hz with or without a hearing aid
experience. Safety analysis of these drivers to operate property- when the audiometric device is calibrated to
information relating to these 10 carrying CMVs will provide a level of American National Standard (formerly ASA
applicants meets the burden of showing Standard) Z24.5—1951.
safety that is equivalent to or greater
that granting the exemptions to allow than the level of safety maintained 49 CFR 391.41(b)(11). This standard was
them to operate only property-carrying without the exemptions. The adopted in 1970, with a revision in 1971
CMVs in interstate commerce would exemptions are valid for a 2-year period to allow drivers to be qualified under
achieve a level of safety that is and may be renewed, and the this standard while wearing a hearing
equivalent to or greater than the level exemptions preempt State laws and aid, 35 FR 6458, 6463 (April 22, 1970)
that would be achieved without the regulations. and 36 FR 12857 (July 3, 1971).
exemption. As a result of the FMCSA grants 17 individuals an
DATES: The exemptions are effective exemption from § 391.41(b)(11)
exemptions, the CMV industry will gain
April 23, 2015. The exemptions expire concerning hearing to enable them to
10 additional CMV drivers. In
on April 24, 2017. operate property-carrying CMVs in
accordance with 49 U.S.C. 31315, each
exemption will be valid for 2 years from FOR FURTHER INFORMATION CONTACT: interstate commerce for a 2-year period.
the effective date with annual Charles A. Horan, III, Director, Office of The Agency’s decision on these
recertification required unless revoked Carrier, Driver and Vehicle Safety, (202) exemption applications is based on the
366–4001, fmcsamedical@dot.gov,
mstockstill on DSK4VPTVN1PROD with NOTICES

earlier by FMCSA. The exemption will current medical literature and
be revoked if the following occurs: (1) FMCSA, Department of Transportation, information and the ‘‘Executive
The person fails to comply with the 1200 New Jersey Avenue SE., Room Summary on Hearing, Vestibular
terms and conditions of the exemption; W64–224, Washington, DC 20590–0001. Function and Commercial Motor
(2) the exemption has resulted in a Office hours are 8:30 a.m. to 5 p.m., e.t., Driving Safety’’ (the 2008 Evidence
lower level of safety than was Monday through Friday, except Federal Report) presented to FMCSA on August
maintained prior to the exemption being holidays. 26, 2008. The evidence report reached
granted; or (3) continuation of the SUPPLEMENTARY INFORMATION: two conclusions regarding the matter of

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Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices 22769

hearing loss and CMV driver safety: (1) Timothy P. Gallagher exemption, applicants can drive in
No studies that examined the Mr. Gallagher, 52, holds an operator’s interstate commerce. Thus, the Agency’s
relationship between hearing loss and license in Pennsylvania. analysis focuses on whether an equal or
crash risk exclusively among CMV greater level of safety is likely to be
drivers were identified; and (2) evidence Joseph T. Kelly achieved by permitting each of these
from studies of the private driver license Mr. Kelly, 28, holds an operator’s drivers to drive in interstate commerce
holder population does not support the license in Pennsylvania. as opposed to restricting him or her to
contention that individuals with hearing driving in intrastate commerce. The
impairment are at an increased risk for Timothy Laporte
driver must comply with the terms and
a crash. In addition, the Agency Mr. Laporte, 27, holds an operator’s conditions of the exemption. This
reviewed each applicant’s driving license in Georgia. includes reporting any crashes or
record found in the CDLIS,1 for CDL
holders, and inspections recorded in James R. Lorshbaugh accidents as defined in 49 CFR 390.5
MCMIS.2 For non-CDL holders, the Mr. Lorshbaugh, 44, holds an and reporting all citations and
Agency reviewed the driving records operator’s license in Mississippi. convictions for disqualifying offenses
from the State licensing agency. Each under 49 CFR part 383 and 49 CFR 391.
Douglas Mader
applicant’s record demonstrated a safe Conclusion
driving history. The Agency believes the Mr. Mader, 46, holds an operator’s
drivers covered by the exemptions do license in Illinois. The Agency is granting exemptions
not pose a risk to public safety. Jose A. Martinez from the hearing standard, 49 CFR
C. Comments 391.41(b)(11), to 17 individuals based
Mr. Martinez, 52, holds a Class B on an evaluation of each driver’s safety
On May 22, 2014, FMCSA published commercial driver’s license (CDL) in
experience. Safety analysis of
a notice of receipt of exemption Texas.
information relating to these 17
applications and requested public
Robert M. Mullens applicants meets the burden of showing
comment on 17 individuals. The
comment period ended on June 23, Mr. Mullens, 34, holds a Class A that granting the exemptions would
2014. In response to the notice, FMCSA commercial driver’s license (CDL) in achieve a level of safety that is
received one comment from Ted New Jersey. equivalent to or greater than the level
Lapatka who said that the rule should that would be achieved without the
Tim S. Oyler exemption. In accordance with 49
be followed for the safety of everyone.
Mr. Oyler, 47, holds a Class B U.S.C. 31315, each exemption will be
D. Exemptions Granted commercial driver’s license (CDL) in valid for 2 years from the effective date
Following individualized assessments Utah. with annual recertification required
of the exemption applications, FMCSA Alfredo S. Ramirez unless revoked earlier by FMCSA. The
grants exemptions from 49 CFR exemption will be revoked if the
391.41(b)(11) to 17 individuals. Under Mr. Ramirez, 44, holds a Class B
following occurs: (1) The person fails to
current FMCSA regulations, all of the 17 commercial driver’s license (CDL) in
comply with the terms and conditions
drivers receiving exemptions from 49 Texas.
of the exemption; (2) the exemption has
CFR 391.41(b)(11) would have been Julie M. Ramirez resulted in a lower level of safety than
considered physically qualified to drive
Ms. Ramirez, 43, holds an operator’s was maintained prior to being granted;
a CMV in interstate commerce except
license in Texas. or (3) continuation of the exemption
that they do not meet the hearing
requirement. FMCSA has determined would not be consistent with the goals
Tracy D. Robinson and objectives of 49 U.S.C. 31136 and
that the following 17 applicants should
be granted an exemption: Mr. Robinson, 49, holds an operator’s 31315.
license in California. FMCSA exempts the following 17
Donald Clupper
Linda L. Schmidt drivers for a period of 2 years from the
Mr. Clupper, 44, holds an operator’s physical qualification standard
license in Delaware. Ms. Schmidt, 50, holds a Class A
commercial driver’s license (CDL) in concerning hearing: Donald Clupper
Andrew Deuschle Texas. (DE); Andrew Deuschle (TX); James
Mr. Deuschle, 45, holds an operator’s Dignan (IL); Timothy P. Gallagher (PA);
Kirk A. Soneson Joseph T. Kelly (PA); Timothy Laporte
license in Texas.
Mr. Soneson, 49, holds an operator’s (GA); James R. Lorshbaugh (MS);
James Dignan license in Ohio. Douglas Mader (IL); Jose A. Martinez
Mr. Dignan, 25, holds an operator’s Hayden A. Teesdale (TX); Robert M. Mullens (NJ); Tim S.
license in Illinois. Oyler (UT); Alfredo S. Ramirez (TX);
Mr. Teesdale, 40, holds a Class A Julie M. Ramirez (TX); Tracy D.
1 Commercial Driver License Information System commercial driver’s license (CDL) in Robinson (CA); Linda L. Schmidt (TX);
(CDLIS) is an information system that allows the Alabama. Kirk A. Soneson (OH); and Hayden A.
exchange of commercial driver licensing
information among all the States. CDLIS includes E. Basis for Exemption Teesdale (AL).
mstockstill on DSK4VPTVN1PROD with NOTICES

the databases of 51 licensing jurisdictions and the
CDLIS Central Site, all connected by a Under 49 U.S.C. 31136(e) and 31315, Issued on: April 17, 2015.
telecommunications network. FMCSA may grant an exemption from Larry W. Minor,
2 Motor Carrier Management Information System the hearing standard in 49 CFR Associate Administrator for Policy.
(MCMIS) is an information system that captures 391.41(b)(11) if the exemption is likely
data from field offices through SAFETYNET, [FR Doc. 2015–09458 Filed 4–22–15; 8:45 am]
CAPRI, and other sources. It is a source for FMCSA
to achieve an equivalent or greater level
BILLING CODE 4910–EX–P
inspection, crash, compliance review, safety audit, of safety than would be achieved
and registration data. without the exemption. With the

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Document Created: 2015-12-16 08:41:41
Document Modified: 2015-12-16 08:41:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
Dates		The exemptions are effective April 23, 2015. The exemptions expire on April 24, 2017.
Contact		Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays.
FR Citation		80 FR 22768

80 FR 22768 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 78 (April 23, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration