80_FR_57211 80 FR 57029 - Qualification of Drivers; Application for Exemptions; Hearing

80 FR 57029 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 182 (September 21, 2015)

Page Range57029-57031
FR Document2015-23591

FMCSA announces its decision to grant requests from 10 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 182 (Monday, September 21, 2015) 
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 57029-57031]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23591]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0107]


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 10 
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 September 21, 2015. The exemptions 
expire on September 21, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Office of Carrier, Driver and Vehicle Safety, (202)

[[Page 57030]]

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 10 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 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.
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    \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.
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C. Comments

    On February 4, 2015, FMCSA published a notice of receipt of 
exemption applications and requested public comment on 10 individuals 
(FR 80 6161; Docket number FMCSA-2015-02134). The comment period ended 
on March 6, 2015. In response to this notice, two comments were 
received; one in support of drivers wearing hearing aids while driving 
and one expressing safety concerns for the far reaching ramifications 
to the commercial driving industry of allowing deaf drivers to test, 
train and/or drive commercially. The Transportation Companies expressed 
concern for process by which exemptions are granted from parts of 49 
CFR 391.41, the increased volume of exemptions, and the need to rely on 
scientific support as a basis for granting the exemptions. FMCSA 
acknowledges these concerns and may consider in the future, the initial 
steps to a formal rulemaking process to revise unnecessary physical 
qualification standards.

D. Exemptions Granted

    Following individualized assessments of the exemption applications, 
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 10 individuals. 
Under current FMCSA regulations, all of the 10 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 10 applicants should be granted an exemption:

Thomas J. Bertling

    Mr. Bertling, 58, holds Class A commercial driver's license (CDL) 
in Oregon.

Molly R. Bergstrom

    Ms. Bergstrom, 37, holds an operator's license in Iowa.

John Luegene Huey, Jr.

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

Jesus L. Javier

    Mr. Javier, 24, holds an operator's license in New Jersey.

Paul Robert Langlois

    Mr. Langlois, 36, holds an operator's license in Ohio.

Samuel E. Lovley

    Mr. Lovley, 32, holds an operator's license in Pennsylvania.

Scott M. Putman

    Mr. Putman, 35, holds a Class A commercial driver's license (CDL) 
in Pennsylvania.

Laird Lamont Smith

    Mr. Smith, 59, holds a Class A commercial driver's license (CDL) in 
Utah.

Kirk A. Soneson

    Mr. Soneson, 48, holds an operator's license in Ohio.

Christopher King Warner

    Mr. Warner, 50, holds a Class A commercial driver's license (CDL) 
in New York.

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

[[Page 57031]]

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 10 individuals based on an evaluation of each 
driver's safety experience. Safety analysis of information relating to 
these 10 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 10 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Thomas J. 
Bertling (OR); Molly R. Bergstrom (IA); John Luegene Huey, Jr. (TX); 
Jesus L. Javier (NJ); Paul Robert Langlois (OH); Samuel E. Lovley (PA); 
Scott M. Putman (PA); Laird Lamont Smith (UT); Kirk A. Soneson (OH); 
and Christopher King Warner (NY).

    Issued on: September 8, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-23591 Filed 9-18-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices 57029 filing such claim, then that shorter time Impact (FONSI) was issued on August Populations; E.O. 11593, Protection and period still applies. 25, 2015, and in other documents in the Enhancement of Cultural Resources; FOR FURTHER INFORMATION CONTACT: Mr. TxDOT administrative record. The EA, E.O. 13007, Indian Sacred Sites; E.O. Carlos Swonke, Director, Environmental FONSI, and other documents in the 13287, Preserve America; E.O. 13175, Affairs Division, Texas Department of administrative record file are available Consultation and Coordination with Transportation, 125 East 11th Street, by contacting TxDOT at the address Indian Tribal Governments; E.O. 11514, Austin, Texas 78701; telephone: 512– provided above. The EA and FONSI Protection and Enhancement of 416–2734; email: carlos.swonke@ may also be viewed and downloaded Environmental Quality; E.O. 13112, txdot.gov. TxDOT’s normal business from the project Web site at http:// Invasive Species; E.O. 12372, hours are 8:00 a.m.-5:00 p.m., Monday txdot.gov/inside-txdot/projects/studies/ Intergovernmental Review of Federal through Friday. fort-worth/i-30.html. Information about Programs. SUPPLEMENTARY INFORMATION: Notice is the project also is available from TxDOT The environmental review, hereby given that TxDOT and Federal at the address provided above. consultation, and other actions required agencies have taken final agency actions This notice applies to all TxDOT by applicable Federal environmental by issuing licenses, permits, and decisions and Federal agency decisions laws for this project are being, or have approvals for the following highway as of the issuance date of this notice and been, carried-out by TxDOT pursuant to project in the State of Texas: IH 30 from all laws under which such actions were 23 U.S.C. § 327 and a Memorandum of Cooper Street to SH 161, including the taken, including but not limited to: Understanding dated December 16, 1. General: National Environmental 2014, and executed by FHWA and IH 30/SH 360 interchange, in Tarrant Policy Act (NEPA) [42 U.S.C. 4321– TxDOT. County and Dallas County, Texas. The 4351]; Federal-Aid Highway Act [23 Authority: 23 U.S.C. 139(l)(1). project will construct a fully directional, U.S.C. 109]. multi-level IH 30/SH 360 interchange 2. Air: Clean Air Act [42 U.S.C. 7401– Issued on: September 3, 2015. providing direct-connecting ramps for 7671(q)]. Michael T. Leary, all freeway-to-freeway traffic 3. Land: Section 4(f) of the Director, Planning and Program Development, movements. The proposed interchange Department of Transportation Act of Federal Highway Administration. will require reconstructing the SH 360 1966 [49 U.S.C. 303]; Landscaping and [FR Doc. 2015–22877 Filed 9–18–15; 8:45 am] main lanes from north of Avenue J to Scenic Enhancement (Wildflowers), 23 BILLING CODE 4910–22–P Road to Six Flags Street; widening the U.S.C. 319. existing main lanes from Brown 4. Wildlife: Endangered Species Act Boulevard/Avenue K to north of Avenue [16 U.S.C. 1531–1544 and Section DEPARTMENT OF TRANSPORTATION J; and reconstructing the one-way, 1536]; Fish and Wildlife Coordination continuous frontage roads along SH 360 Act [16 U.S.C. 661–667(d)]; Migratory Federal Motor Carrier Safety within the project limits (approximately Bird Treaty Act [16 U.S.C. 703–712]. Administration 1.6 miles). The proposed improvements 5. Historic and Cultural Resources: [Docket No. FMCSA–2014–0107] to IH 30 will provide up to ten general- Section 106 of the National Historic purpose lanes and auxiliary lanes from Preservation Act of 1966, as amended Qualification of Drivers; Application for Cooper Street to SH 161 (approximately [16 U.S.C. 470(f) et seq.]; Archeological Exemptions; Hearing 5.0 miles). Two reversible managed Resources Protection Act of 1977 [16 lanes will be provided from Center U.S.C. 470(aa)-11]; Archeological and AGENCY: Federal Motor Carrier Safety Street to SH 161, tying into the existing Historic Preservation Act [16 U.S.C. Administration (FMCSA), DOT. two-lane reversible managed lane 469–469(c)]; Native American Grave ACTION: Notice of final disposition. system in Dallas County. Selected main Protection and Repatriation Act SUMMARY: FMCSA announces its lane widening, ramp improvements, and (NAGPRA) [25 U.S.C. 3001–3013]. decision to grant requests from 10 restriping will be utilized to create the 6. Social and Economic: Civil Rights individuals for exemptions from the proposed number of lanes and Act of 1964 [42 U.S.C. 2000(d)- Agency’s physical qualifications reversible managed lanes. The limits 2000(d)(1)]; American Indian Religious standard concerning hearing for and general configuration of the existing Freedom Act [42 U.S.C. 1996]; Farmland interstate drivers. The current regulation IH 30 frontage roads will not be altered, Protection Policy Act (FPPA) [7 U.S.C. prohibits hearing impaired individuals except that one-way collector- 4201–4209]. from operating CMVs in interstate distributor roadways between Ballpark 7. Wetlands and Water Resources: commerce. After notice and opportunity Way and Six Flags Drive will be Clean Water Act [33 U.S.C. 1251–1377]; for public comment, the Agency constructed to facilitate access between Land and Water Conservation Fund concluded that granting exemptions for the IH 30 ramps and the local street (LWCF) [16 U.S.C. 4601–4604]; Safe these drivers to operate property- network. The proposed project design Drinking Water Act (SDWA) [42 U.S.C. carrying CMVs will provide a level of includes improvements for bicycle and 300(f)-300(j)(6)]; Rivers and Harbors Act safety that is equivalent to or greater pedestrian facilities, where practicable. of 1899 [33 U.S.C. 401–406]; Wild and than the level of safety maintained The purpose of the proposed project is Scenic Rivers Act [16 U.S.C. 1271– without the exemptions. The to help address current and projected 1287]; Emergency Wetlands Resources exemptions are valid for a 2-year period travel demands, safety, and existing Act [16 U.S.C. 3921, 3931]; TEA–21 and may be renewed, and the facility design and operational Wetlands Mitigation [23 U.S.C. exemptions preempt State laws and deficiencies in a manner compatible 103(b)(6)(m), 133(b)(11)]; Flood Disaster rmajette on DSK7SPTVN1PROD with NOTICES regulations. with local, county and regional plans. Protection Act [42 U.S.C. 4001–4128]. The actions by TxDOT and the 8. Executive Orders: E.O. 11990, DATES: The exemptions are effective Federal agencies, and the laws under Protection of Wetlands; E.O. 11988, September 21, 2015. The exemptions which such actions were taken, are Floodplain Management; E.O. 12898, expire on September 21, 2017. described in the final Environmental Federal Actions to Address FOR FURTHER INFORMATION CONTACT: Assessment (EA) for the project, for Environmental Justice in Minority Charles A. Horan, III, Director, Office of which a Finding of No Significant Populations and Low Income Carrier, Driver and Vehicle Safety, (202) VerDate Sep<11>2014 15:14 Sep 18, 2015 Jkt 235001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\21SEN1.SGM 21SEN1

57030 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices 366–4001, fmcsamedical@dot.gov, exemption applications is based on the D. Exemptions Granted FMCSA, Department of Transportation, current medical literature and Following individualized assessments 1200 New Jersey Avenue SE., Room information and the ‘‘Executive of the exemption applications, FMCSA W64–224, Washington, DC 20590–0001. Summary on Hearing, Vestibular grants exemptions from 49 CFR Office hours are 8:30 a.m. to 5 p.m., e.t., Function and Commercial Motor 391.41(b)(11) to 10 individuals. Under Monday through Friday, except Federal Driving Safety’’ (the 2008 Evidence current FMCSA regulations, all of the 10 holidays. Report) presented to FMCSA on August drivers receiving exemptions from 49 SUPPLEMENTARY INFORMATION: 26, 2008. The evidence report reached CFR 391.41(b)(11) would have been two conclusions regarding the matter of A. Electronic Access considered physically qualified to drive hearing loss and CMV driver safety: (1) a CMV in interstate commerce except You may see all the comments online No studies that examined the that they do not meet the hearing through the Federal Document relationship between hearing loss and requirement. FMCSA has determined Management System (FDMS) at: crash risk exclusively among CMV that the following 10 applicants should www.regulations.gov. drivers were identified; and (2) evidence be granted an exemption: Docket: For access to the docket to from studies of the private driver license read background documents or holder population does not support the Thomas J. Bertling comments, go to www.regulations.gov contention that individuals with hearing Mr. Bertling, 58, holds Class A and/or Room W12–140 on the ground impairment are at an increased risk for commercial driver’s license (CDL) in level of the West Building, 1200 New a crash. In addition, the Agency Oregon. Jersey Avenue SE., Washington, DC, reviewed each applicant’s driving between 9 a.m. and 5 p.m., e.t., Monday record found in the CDLIS,1 for CDL Molly R. Bergstrom through Friday, except Federal holidays. holders, and inspections recorded in Ms. Bergstrom, 37, holds an operator’s Privacy Act: In accordance with 5 MCMIS.2 For non-CDL holders, the license in Iowa. U.S.C. 553(c), DOT solicits comments Agency reviewed the driving records from the public to better inform its from the State licensing agency. Each John Luegene Huey, Jr. rulemaking process. DOT posts these applicant’s record demonstrated a safe Mr. Huey, 50, holds a Class A comments, without edit, including any driving history. The Agency believes the commercial driver’s license (CDL) in personal information the commenter drivers covered by the exemptions do Texas. provides, to www.regulations.gov, as not pose a risk to public safety. described in the system of records Jesus L. Javier C. Comments notice (DOT/ALL–14 FDMS), which can Mr. Javier, 24, holds an operator’s be reviewed at www.dot.gov/privacy. On February 4, 2015, FMCSA license in New Jersey. published a notice of receipt of B. Background exemption applications and requested Paul Robert Langlois Under 49 U.S.C. 31136(e) and 31315, public comment on 10 individuals (FR Mr. Langlois, 36, holds an operator’s FMCSA may grant an exemption from 80 6161; Docket number FMCSA–2015– license in Ohio. the safety regulations for a 2-year period 02134). The comment period ended on if it finds ‘‘such exemption would likely March 6, 2015. In response to this Samuel E. Lovley achieve a level of safety that is notice, two comments were received; Mr. Lovley, 32, holds an operator’s equivalent to or greater than the level one in support of drivers wearing license in Pennsylvania. that would be achieved absent such hearing aids while driving and one exemption.’’ The statute also allows the expressing safety concerns for the far Scott M. Putman Agency to renew exemptions at the end reaching ramifications to the Mr. Putman, 35, holds a Class A of the 2-year period. The current commercial driving industry of allowing commercial driver’s license (CDL) in provisions of the FMCSRs concerning deaf drivers to test, train and/or drive Pennsylvania. hearing state that a person is physically commercially. The Transportation Companies expressed concern for Laird Lamont Smith qualified to drive a CMV if that person: First perceives a forced whispered voice in process by which exemptions are Mr. Smith, 59, holds a Class A the better ear at not less than 5 feet with or granted from parts of 49 CFR 391.41, the commercial driver’s license (CDL) in without the use of a hearing aid or, if tested increased volume of exemptions, and Utah. by use of an audiometric device, does not the need to rely on scientific support as Kirk A. Soneson have an average hearing loss in the better ear a basis for granting the exemptions. greater than 40 decibels at 500 Hz, 1,000 Hz, FMCSA acknowledges these concerns Mr. Soneson, 48, holds an operator’s and 2,000 Hz with or without a hearing aid and may consider in the future, the license in Ohio. when the audiometric device is calibrated to initial steps to a formal rulemaking American National Standard (formerly ASA Christopher King Warner Standard) Z24.5—1951. process to revise unnecessary physical qualification standards. Mr. Warner, 50, holds a Class A 49 CFR 391.41(b)(11). This standard was commercial driver’s license (CDL) in adopted in 1970, with a revision in 1971 1 Commercial Driver License Information System New York. to allow drivers to be qualified under (CDLIS) is an information system that allows the exchange of commercial driver licensing Basis for Exemption this standard while wearing a hearing information among all the States. CDLIS includes Under 49 U.S.C. 31136(e) and 31315, aid, 35 FR 6458, 6463 (April 22, 1970) rmajette on DSK7SPTVN1PROD with NOTICES the databases of 51 licensing jurisdictions and the and 36 FR 12857 (July 3, 1971). CDLIS Central Site, all connected by a FMCSA may grant an exemption from FMCSA grants 10 individuals an telecommunications network. the hearing standard in 49 CFR exemption from § 391.41(b)(11) 2 Motor Carrier Management Information System 391.41(b)(11) if the exemption is likely concerning hearing to enable them to (MCMIS) is an information system that captures to achieve an equivalent or greater level data from field offices through SAFETYNET, operate property-carrying CMVs in CAPRI, and other sources. It is a source for FMCSA of safety than would be achieved interstate commerce for a 2-year period. inspection, crash, compliance review, safety audit, without the exemption. With the The Agency’s decision on these and registration data. exemption, applicants can drive in VerDate Sep<11>2014 15:14 Sep 18, 2015 Jkt 235001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\21SEN1.SGM 21SEN1

Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices 57031 interstate commerce. Thus, the Agency’s DEPARTMENT OF TRANSPORTATION www.regulations.gov, and follow the analysis focuses on whether an equal or online instructions for accessing the greater level of safety is likely to be Federal Motor Carrier Safety dockets, or go to the street address listed achieved by permitting each of these Administration above. drivers to drive in interstate commerce Privacy Act: Anyone is able to search [Docket No. FMCSA–2015–0255] as opposed to restricting him or her to the electronic form of all comments driving in intrastate commerce. The Agency Information Collection received into any of our dockets by the driver must comply with the terms and Activities; Extension of a Currently- name of the individual submitting the conditions of the exemption. This Approved Information Collection comment (or signing the comment, if includes reporting any crashes or Request: Transportation of Household submitted on behalf of an association, Goods; Consumer Protection business, labor union, etc.). You may accidents as defined in 49 CFR 390.5 review DOT’s complete Privacy Act and reporting all citations and AGENCY: Federal Motor Carrier Safety Statement for the Federal Docket convictions for disqualifying offenses Administration (FMCSA), DOT. Management System published in the under 49 CFR part 383 and 49 CFR 391. Federal Register on January 17, 2008 ACTION: Notice and request for Conclusion information. (73 FR 3316), or you may visit http:// edocket.access.gpo.gov/2008/pdfE8- The Agency is granting exemptions SUMMARY: In accordance with the 794.pdf. from the hearing standard, 49 CFR Paperwork Reduction Act of 1995, Public Participation: The Federal 391.41(b)(11), to 10 individuals based FMCSA announces its plan to submit eRulemaking Portal is available 24 on an evaluation of each driver’s safety the Information Collection Request (ICR) hours each day, 365 days each year. You experience. Safety analysis of described below to the Office of can obtain electronic submission and information relating to these 10 Management and Budget (OMB) for its retrieval help and guidelines under the applicants meets the burden of showing review and approval. The FMCSA ‘‘help’’ section of the Federal that granting the exemptions would requests approval to extend an ICR eRulemaking Portal Web site. If you achieve a level of safety that is titled, ‘‘Transportation of Household want us to notify you that we received equivalent to or greater than the level Goods; Consumer Protection.’’ The your comments, please include a self- that would be achieved without the information collected will be used to addressed, stamped envelope or help regulate motor carriers transporting postcard, or print the acknowledgement exemption. In accordance with 49 household goods (HHG) for individual page that appears after submitting U.S.C. 31315, each exemption will be shippers. FMCSA invites public comments online. Comments received valid for 2 years from the effective date comment on the ICR. after the comment closing date will be with annual recertification required DATES: We must receive your comments included in the docket and will be unless revoked earlier by FMCSA. The considered to the extent practicable. on or before November 20, 2015. exemption will be revoked if the ADDRESSES: You may submit comments FOR FURTHER INFORMATION CONTACT: Mr. following occurs: (1) The person fails to identified by Federal Docket Kenneth Rodgers, Chief, Commercial comply with the terms and conditions Management System (FDMS) Docket Enforcement Division, Federal Motor of the exemption; (2) the exemption has Carrier Safety Administration, West resulted in a lower level of safety than Number FMCSA–2015–0255 using any of the following methods: Building 6th Floor, 1200 New Jersey was maintained prior to being granted; • Federal eRulemaking Portal: http:// Avenue SE., Washington, DC 20590. or (3) continuation of the exemption Telephone: 202–366–0073; email www.regulations.gov. Follow the online would not be consistent with the goals instructions for submitting comments. Kenneth.rodgers@dot.gov. Office hours and objectives of 49 U.S.C. 31136 and • Fax: 1–202–493–2251. are from 9:00 a.m. to 5:00 p.m., Monday 31315. • Mail: Docket Operations; U.S. through Friday, except Federal FMCSA exempts the following 10 Department of Transportation, 1200 Holidays. drivers for a period of 2 years from the New Jersey Avenue SE., West Building, SUPPLEMENTARY INFORMATION: physical qualification standard Ground Floor, Room W12–140, 20590– concerning hearing: Thomas J. Bertling 0001. Background (OR); Molly R. Bergstrom (IA); John • Hand Delivery or Courier: West The Motor Carrier Safety Luegene Huey, Jr. (TX); Jesus L. Javier Building, Ground Floor, Room W12– Improvement Act of 1999 (MCSIA) (Pub. (NJ); Paul Robert Langlois (OH); Samuel 140, 1200 New Jersey Avenue SE., L. 106–159, 113 Stat. 1748, Dec. 9, 1999) E. Lovley (PA); Scott M. Putman (PA); Washington, DC, between 9 a.m. and 5 authorized the Secretary of Laird Lamont Smith (UT); Kirk A. p.m. e.t., Monday through Friday, Transportation (Secretary) to regulate Soneson (OH); and Christopher King except Federal holidays. household goods carriers engaged in Warner (NY). Instructions: All submissions must interstate operations for individual include the Agency name and docket shippers. In earlier legislation, Congress Issued on: September 8, 2015. number. For detailed instructions on abolished the former Interstate Larry W. Minor, submitting comments and additional Commerce Commission and transferred Associate Administrator for Policy. information on the exemption process, the Commission’s jurisdiction over [FR Doc. 2015–23591 Filed 9–18–15; 8:45 am] see the Public Participation heading household goods transportation to the below. Note that all comments received U.S. Department of Transportation rmajette on DSK7SPTVN1PROD with NOTICES BILLING CODE 4910–EX–P will be posted without change to http:// (DOT) (ICC Termination Act of 1995, www.regulations.gov, including any Pub. L. 104–88, 109 Stat. 803, Dec. 29 personal information provided. Please 1995). Prior to FMCSA’s establishment, see the Privacy Act heading below. the Secretary delegated this household Docket: For access to the docket to goods jurisdiction to the Federal read background documents or Highway Administration, FMCSA’s comments received, go to http:// predecessor organization within DOT. VerDate Sep<11>2014 15:14 Sep 18, 2015 Jkt 235001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\21SEN1.SGM 21SEN1


Document Created: 2015-12-15 09:38:36
Document Modified: 2015-12-15 09:38:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions are effective September 21, 2015. The exemptions expire on September 21, 2017.
ContactCharles 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 Citation80 FR 57029 
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