80 FR 74202 - Driver Qualification Files: Application for Exemption; Atlantic and Pacific Freightways, Inc.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 228 (November 27, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 228 (November 27, 2015)
| Page Range | 74202-74203 | |
| FR Document | 2015-30152 |
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)] [Notices] [Pages 74202-74203] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30152] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0394] Driver Qualification Files: Application for Exemption; Atlantic and Pacific Freightways, Inc. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that Atlantic and Pacific Freightways, Inc. (A&P) has applied for an exemption from 49 CFR 391.51(b)(7)(ii) requiring motor carriers to obtain an updated motor vehicle record (MVR) of any driver holding a commercial driver's license (CDL) when he or she undergoes a new medical examination. A&P is requesting the exemption of behalf of all motor carriers that are required to obtain an MVR under this rule. FMCSA requests public comments on the application for exemption. DATES: Comments must be received on or before December 28, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2015-0394 using any of the following methods:Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. 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. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. Robert Schultz, Transportation Specialist, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325; email MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA-2015-0394), indicate the specific section of this document to which the comment applies, and provide a reason for 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 www.regulations.gov and put the docket [[Page 74203]] number, ``FMCSA-2015-0394'' in the ``Keyword'' box, and click ``Search.'' When the new screen appears, click on ``Comment Now!'' button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. 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. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may grant or not grant this application based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ``FMCSA-2015-0394'' in the ``Keyword'' box and click ``Search.'' Next, click ``Open Docket Folder'' button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from the FMCSRs. 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, and must 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 2 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Background The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) was designed to improve highway safety by ensuring that truck and bus drivers are qualified to drive a commercial motor vehicle (CMV).\1\ CMVSA mandated that the Federal government establish minimum requirements for issuance of a commercial driver's license (CDL) to be issued by the States. It provided for removal of driving privileges from unsafe and unqualified drivers. The CMVSA also mandated the creation of the Commercial Driver's Licensing Information System (CDLIS), a cooperative exchange of the 50 States and the District of Columbia. CDLIS documents the issuance of a CDL by a State and all subsequent actions by a State driver licensing agency (SDLA) relative to that CDL, such as suspension, downgrade or removal of all driving privileges. Thus, each CDL driver has a single motor vehicle record (MVR). Federal and State law enforcement officials access CDLIS electronically at roadside to verify the licensing status of CMV drivers. --------------------------------------------------------------------------- \1\ The CMVSA definition of ``commercial motor vehicle'' was adopted verbatim by 49 CFR 383.5: ``Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a--(1) Combination Vehicle (Group A)--having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or (2) Heavy Straight Vehicle (Group B)--having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or (3) Small Vehicle (Group C)--(i) that does not meet Group A or B requirements; (ii) Is designed to transport 16 or more passengers, including the driver; or (iii) Is of any size and is used in the transportation of certain hazardous materials (49 CFR 383.5).'' --------------------------------------------------------------------------- The FMCSRs (49 CFR part 350 et seq.) require operators of CMVs to be medically examined and found physically qualified to perform their job-related duties (49 CFR 391.41(a)(1)(i)). CMV drivers must be re- examined every two years (49 CFR 391.45(b)(1)) or more frequently for medical reasons. Only medical examiners (MEs) approved by FMCSA and listed on the Agency's National Registry of Certified Medical Examiners may perform medical examinations of CDL drivers (49 CFR 391.42). ME's must transmit the result of each driver medical examination they conduct to FMCSA electronically (391.41(g)(5)(i)(a)). FMCSA transmits the information to CDLIS, and SDLAs are required to extract the information from CDLIS and post on each MVR whether the driver is medically qualified to operate a CMV (49 CFR 383.73(b)(5)). Motor carriers must obtain the revised MVR of its drivers from the State of licensure within 15 days of the date of a medical examination and retain it in the driver's qualification file (49 CFR 391.51(b)(7)(ii)). Some motor carriers retain third-party agents to manage this and other recordkeeping requirements. Some SDLAs will not provide revised MVRs to third-party agents. IV. Request for Exemption Applicant A&P retains a third-party agent to obtain revised MVRs of its CMV drivers. It has applied for exemption from the requirement of 49 CFR 391.51(b)(7)(ii) that motor carriers obtain the revised MVR of the driver from the State that licenses the driver within 15 days of the date of the medical examination. A&P has applied on behalf of all motor carriers who must obtain MVRs of their CDL drivers. A&P suggests that motor carriers be permitted to ``have a copy of [the] current MVR from the third party provider and proof the medical certificate has been filed'' with the SDLA in lieu of the existing requirement. A copy of A&P's application is in the docket of this matter. Dated: November 6, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-30152 Filed 11-25-15; 8:45 am] BILLING CODE 4910-EX-P
![74202 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices
duties as a driver as per the guidelines comment from all interested persons on www.regulations.gov, including any
for the Department of Transportation.’’ the exemption applications described in personal information included in a
Mr. Jeglum writes, ‘‘I already have a this notice. We will consider all comment. Please see the Privacy Act
intrastate waiver with no problems in comments received before the close of heading below.
the past 10 years.’’ business on the closing date indicated Docket: For access to the docket to
earlier in the notice. read background documents or
William Kastner
Issued on: November 13, 2015. comments, go to www.regulations.gov at
Mr. Kastner is a 61 year old CDL any time or visit Room W12–140 on the
holder in New Jersey. A May 2015 letter Larry W. Minor,
ground level of the West Building, 1200
from his cardiologist reports that Mr. Associate Administrator for Policy.
New Jersey Avenue SE., Washington,
Kastner’s defibrillator ‘‘was implanted [FR Doc. 2015–30156 Filed 11–25–15; 8:45 am]
DC, between 9 a.m. and 5 p.m., ET,
in 2006 after he experienced a BILLING CODE 4910–EX–P Monday through Friday, except Federal
myocardial infarction resulting in holidays. The on-line FDMS is available
reduced left ventricular ejection 24 hours each day, 365 days each year.
fraction’’. His cardiologist notes that DEPARTMENT OF TRANSPORTATION
If you want acknowledgment that we
‘‘Mr. Kastner has never had an episode received your comments, please include
Federal Motor Carrier Safety
of syncope, symptomatic palpitations, a self-addressed, stamped envelope or
Administration
loss of consciousness, cardiac arrest, postcard or print the acknowledgement
documented ventricular tachycardia or [Docket No. FMCSA–2015–0394] page that appears after submitting
ventricular fibrillation.’’ His comments on-line.
electrophysiology group has Driver Qualification Files: Application Privacy Act: In accordance with 5
recommended ‘‘that it is safe for him to for Exemption; Atlantic and Pacific U.S.C. 553(c), DOT solicits comments
continue to ride his motorcycle, and he Freightways, Inc. from the public to better inform its
has had no adverse events or effects AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
from this’’. He is followed regularly by Administration (FMCSA), DOT. comments, without edit, including any
his electrophysiologist office and has no personal information the commenter
ACTION: Notice of application for
untoward events with his defibrillator. provides, to www.regulations.gov, as
exemption; request for comments.
‘‘He has never had any syncope, described in the system of records
palpitations, or discharges from his SUMMARY: FMCSA announces that notice (DOT/ALL–14 FDMS), which can
cardiac defibrillator.’’ Atlantic and Pacific Freightways, Inc. be reviewed at www.dot.gov/privacy.
Mark Todd Smith (A&P) has applied for an exemption FOR FURTHER INFORMATION CONTACT: For
from 49 CFR 391.51(b)(7)(ii) requiring information concerning this notice,
Mr. Smith is a 52 year old class A– motor carriers to obtain an updated
CDL holder in Georgia. Medical contact Mr. Robert Schultz,
motor vehicle record (MVR) of any Transportation Specialist, FMCSA
documentation from his cardiologist driver holding a commercial driver’s
between 2013 and June 2015 reports Driver and Carrier Operations Division;
license (CDL) when he or she undergoes Office of Carrier, Driver and Vehicle
that he was upgraded from a dual a new medical examination. A&P is
chamber ICD to a biventricular ICD for Safety Standards; Telephone: 202–366–
requesting the exemption of behalf of all 4325; email MCPSD@dot.gov. If you
ventricular arrhythmias. Mr. Smith had motor carriers that are required to obtain
a pulmonary valve replacement in 2015. have questions on viewing or submitting
an MVR under this rule. FMCSA material to the docket, contact Docket
A September 2015 report from his requests public comments on the
cardiologist states ‘‘he has no Services, telephone (202) 366–9826.
application for exemption. SUPPLEMENTARY INFORMATION:
complaints of PND (paroxysmal
DATES: Comments must be received on
nocturnal dyspnea), orthopnea, LE I. Public Participation and Request for
(lower extremity) edema, syncope, or or before December 28, 2015.
ADDRESSES: You may submit comments
Comments
pre-syncope’’. An October 2015 letter
from his cardiologist reports that his bearing the Federal Docket Management FMCSA encourages you to participate
ICD has ‘‘shown normal function’’. ‘‘He System (FDMS) Docket ID FMCSA– by submitting comments and related
also uses it as a pacemaker.’’ ‘‘Since 2015–0394 using any of the following materials.
2014, he has not had ICD therapy methods:
Submitting Comments
because he underwent a procedure to • Federal eRulemaking Portal: Go to
correct that problem’’. ‘‘Considering his www.regulations.gov. Follow the on-line If you submit a comment, please
cardiac issues, he is safer to drive instructions for submitting comments. include the docket number for this
professionally now than he ever has • Mail: Docket Management Facility; notice (FMCSA–2015–0394), indicate
been.’’ U.S. Department of Transportation, 1200 the specific section of this document to
New Jersey Avenue SE., West Building which the comment applies, and
Andre Williams Ground Floor, Room W12–140, provide a reason for suggestions or
Mr. Williams is a 57 year old CDL Washington, DC 20590–0001. recommendations. You may submit
holder in Georgia. An August 2015 letter • Hand Delivery or Courier: West your comments and material online or
from his cardiologist reports that Mr. Building Ground Floor, Room W12–140, by fax, mail, or hand delivery, but
Williams’s ICD was implanted in 1200 New Jersey Avenue SE., please use only one of these means.
mstockstill on DSK4VPTVN1PROD with NOTICES
February 2013. ‘‘His ICD has been Washington, DC, between 9 a.m. and 5 FMCSA recommends that you include
checked every 6 months and has not p.m., ET, Monday through Friday, your name and a mailing address, an
fired/deployed’’. ‘‘He has done well except Federal Holidays. email address, or a phone number in the
with no ICD shocks’’. • Fax: 1–202–493–2251. body of your document so the Agency
Each submission must include the can contact you if it has questions
Request for Comments Agency name and the docket number for regarding your submission.
In accordance with 49 U.S.C. 31315 this notice. Note that DOT posts all To submit your comment online, go to
and 31136(e), FMCSA requests public comments received without change to www.regulations.gov and put the docket
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![Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices 74203
number, ‘‘FMCSA–2015–0394’’ in the which exemption is granted. The notice ME’s must transmit the result of each
‘‘Keyword’’ box, and click ‘‘Search.’’ must also specify the effective period of driver medical examination they
When the new screen appears, click on the exemption (up to 2 years), and conduct to FMCSA electronically
‘‘Comment Now!’’ button and type your explain the terms and conditions of the (391.41(g)(5)(i)(a)). FMCSA transmits
comment into the text box in the exemption. The exemption may be the information to CDLIS, and SDLAs
following screen. Choose whether you renewed (49 CFR 381.300(b)). are required to extract the information
are submitting your comment as an from CDLIS and post on each MVR
individual or on behalf of a third party III. Background whether the driver is medically
and then submit. If you submit your The Commercial Motor Vehicle Safety qualified to operate a CMV (49 CFR
comments by mail or hand delivery, Act of 1986 (CMVSA) was designed to 383.73(b)(5)). Motor carriers must obtain
submit them in an unbound format, no improve highway safety by ensuring the revised MVR of its drivers from the
larger than 81⁄2 by 11 inches, suitable for that truck and bus drivers are qualified State of licensure within 15 days of the
copying and electronic filing. If you to drive a commercial motor vehicle date of a medical examination and
submit comments by mail and would (CMV).1 CMVSA mandated that the retain it in the driver’s qualification file
like to know that they reached the Federal government establish minimum (49 CFR 391.51(b)(7)(ii)). Some motor
facility, please enclose a stamped, self- requirements for issuance of a carriers retain third-party agents to
addressed postcard or envelope. commercial driver’s license (CDL) to be manage this and other recordkeeping
FMCSA will consider all comments issued by the States. It provided for requirements. Some SDLAs will not
and material received during the removal of driving privileges from provide revised MVRs to third-party
comment period and may grant or not unsafe and unqualified drivers. The agents.
grant this application based on your CMVSA also mandated the creation of
comments. IV. Request for Exemption
the Commercial Driver’s Licensing
Information System (CDLIS), a Applicant A&P retains a third-party
Viewing Comments and Documents agent to obtain revised MVRs of its CMV
cooperative exchange of the 50 States
To view comments, as well as drivers. It has applied for exemption
and the District of Columbia. CDLIS
documents mentioned in this preamble from the requirement of 49 CFR
documents the issuance of a CDL by a
as being available in the docket, go to 391.51(b)(7)(ii) that motor carriers
State and all subsequent actions by a
www.regulations.gov and insert the obtain the revised MVR of the driver
State driver licensing agency (SDLA)
docket number, ‘‘FMCSA–2015–0394’’ from the State that licenses the driver
relative to that CDL, such as suspension,
in the ‘‘Keyword’’ box and click within 15 days of the date of the
downgrade or removal of all driving
‘‘Search.’’ Next, click ‘‘Open Docket medical examination. A&P has applied
privileges. Thus, each CDL driver has a
Folder’’ button and choose the on behalf of all motor carriers who must
single motor vehicle record (MVR).
document listed to review. If you do not obtain MVRs of their CDL drivers. A&P
Federal and State law enforcement
have access to the Internet, you may suggests that motor carriers be permitted
officials access CDLIS electronically at
view the docket online by visiting the to ‘‘have a copy of [the] current MVR
roadside to verify the licensing status of
Docket Management Facility in Room from the third party provider and proof
CMV drivers.
W12–140 on the ground floor of the the medical certificate has been filed’’
DOT West Building, 1200 New Jersey The FMCSRs (49 CFR part 350 et seq.)
with the SDLA in lieu of the existing
Avenue SE., Washington, DC 20590, require operators of CMVs to be
requirement.
between 9 a.m. and 5 p.m., e.t., Monday medically examined and found A copy of A&P’s application is in the
through Friday, except Federal holidays. physically qualified to perform their docket of this matter.
job-related duties (49 CFR
II. Legal Basis 391.41(a)(1)(i)). CMV drivers must be re- Dated: November 6, 2015.
examined every two years (49 CFR Larry W. Minor,
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions 391.45(b)(1)) or more frequently for Associate Administrator for Policy.
from the FMCSRs. FMCSA must publish medical reasons. Only medical [FR Doc. 2015–30152 Filed 11–25–15; 8:45 am]
a notice of each exemption request in examiners (MEs) approved by FMCSA BILLING CODE 4910–EX–P
the Federal Register (49 CFR and listed on the Agency’s National
381.315(a)). The Agency must provide Registry of Certified Medical Examiners
the public an opportunity to inspect the may perform medical examinations of DEPARTMENT OF TRANSPORTATION
information relevant to the application, CDL drivers (49 CFR 391.42).
Maritime Administration
including any safety analyses that have
been conducted, and must provide an 1 The CMVSA definition of ‘‘commercial motor [Docket No. MARAD–2015–0134]
opportunity for public comment on the vehicle’’ was adopted verbatim by 49 CFR 383.5:
‘‘Commercial motor vehicle means a motor vehicle Requested Administrative Waiver of
request. or combination of motor vehicles used in commerce
The Agency reviews the safety the Coastwise Trade Laws: Vessel
to transport passengers or property if the motor
analyses and the public comments, and vehicle is a—(1) Combination Vehicle (Group A)— LOCURA; Invitation for Public
determines whether granting the having a gross combination weight rating or gross Comments
combination weight of 11,794 kilograms or more
exemption would likely achieve a level (26,001 pounds or more), whichever is greater, AGENCY: Maritime Administration,
of safety equivalent to, or greater than, inclusive of a towed unit(s) with a gross vehicle Department of Transportation.
the level that would be achieved by the weight rating or gross vehicle weight of more than
ACTION: Notice.
4,536 kilograms (10,000 pounds), whichever is
mstockstill on DSK4VPTVN1PROD with NOTICES
current regulation (49 CFR 381.305).
greater; or (2) Heavy Straight Vehicle (Group B)—
The decision of the Agency must be having a gross vehicle weight rating or gross vehicle
SUMMARY: As authorized by 46 U.S.C.
published in the Federal Register (49 weight of 11,794 or more kilograms (26,001 pounds 12121, the Secretary of Transportation,
CFR 381.315(b)) with the reason for the or more), whichever is greater; or (3) Small Vehicle as represented by the Maritime
grant or denial, and, if granted, the (Group C)—(i) that does not meet Group A or B Administration (MARAD), is authorized
requirements; (ii) Is designed to transport 16 or
specific person or class of persons more passengers, including the driver; or (iii) Is of
to grant waivers of the U.S.-build
receiving the exemption, and the any size and is used in the transportation of certain requirement of the coastwise laws under
regulatory provision or provisions from hazardous materials (49 CFR 383.5).’’ certain circumstances. A request for
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Document Created: 2015-12-14 14:04:41
Document Modified: 2015-12-14 14:04:41
| 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 application for exemption; request for comments. | |
| Dates | Comments must be received on or before December 28, 2015. | |
| Contact | For information concerning this notice, contact Mr. Robert Schultz, Transportation Specialist, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325; email [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 80 FR 74202 |
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