81 FR 11876 - Qualification of Drivers; Application for Exemptions; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 44 (March 7, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 44 (March 7, 2016)
| Page Range | 11876-11878 | |
| FR Document | 2016-04973 |
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)] [Notices] [Pages 11876-11878] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04973] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0328] Qualification of Drivers; Application for Exemptions; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 25 individuals for an exemption from the hearing requirement to operate commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before April 6, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2015-0328 using any of the following methods:Federal eRulemaking Portal: Go to http://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: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time 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., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want [[Page 11877]] 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: Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 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: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) 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 25 individuals listed in this notice have recently requested such an exemption from the hearing requirement in 49 CFR 391.41(b)(11), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding hearing found in 49 CFR 391.41(b)(11) states 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. This standard was adopted in 1970 and was revised 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). II. Qualifications of Applicants Eduardo Amaro Mr. Amaro, age 47, holds an operator's license in New Mexico. Paul Aseka Mr. Aseka, age 36, holds an operator's license in Texas. Thomas Buretz Mr. Buretz, age 54, holds a class A CDL in Florida. Tye Cox Mr. Cox, age 28, holds an operator's license in Idaho. James Dalrymple Mr. Dalrymple, age 61, holds a class A CDL in Arizona. John Dumars Mr. Dumars, age 53, holds an operator's license in Florida. Aaron Farley Mr. Farley, age 42, holds an operator's license in West Virginia. Samuel Fernell Mr. Fernell, age 47, holds an operator's license in Ohio. Heath Focken Mr. Focken, age 27, holds an operator's license in Nebraska. Michael Frutchey Mr. Frutchey, age 48, holds a chauffeur license in Michigan. Gregg Glass Mr. Glass, age 53, holds an operator's license in Oregon. Jaymes Haar Mr. Haar, age 28, holds a class A CDL in Iowa. Michael McCarthy Mr. McCarthy, age 51, holds an operator's license in Minnesota. Chad Meeker Mr. Meeker, age 39, holds a CDL in Michigan. John Norton Mr. Norton, age 51, holds an operator's license in Michigan. Taryn Peterson Mr. Peterson, age 28, holds an operator's license in Nebraska. Stephen Paiz Mr. Paiz, age 31, holds an operator's license in New York. David Quijano Mr. Quijano, age 43, holds an operator's license in Hawaii. Brian Shoup Mr. Shoup, age 53, holds an operator's license in Ohio. Ronald Sims Mr. Sims, age 65, holds a class A CDL in Florida. Edward Spreen Mr. Spreen, age 35, holds an operator's license in Utah. Fernando Valasquez Mr. Valasquez, age 31, holds an operator's license in Texas. Kyle Voss Mr. Voss, age 26, holds an operator's license in Wisconsin. Daron Washington Mr. Washington, age 50, holds a class A CDL in Illinois. William Weeaks Mr. Weeaks, age 33, holds an operator's license in Oklahoma. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. IV. Submitting Comments 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 that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2015-0328 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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 [[Page 11878]] 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. We will consider all comments and material received during the comment period. FMCSA may issue a final determination any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2015-0328 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: February 24, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-04973 Filed 3-4-16; 8:45 am] BILLING CODE 4910-EX-P
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significant crash risk using dynamic risk support the dynamic management available data. As a result, the Agency
management tools recommended by the decision-making process. The term anticipates conducting a similar number
IRT. The term dynamic risk ‘‘Mandatory’’ will no longer be used to of investigations as are currently
management refers to the techniques identify carriers for investigation conducted.
and processes that Agency managers prioritization. FMCSA will also
Table 1 below provides the
will use to evaluate the safety introduce other prioritization changes
approximate number of carriers that
performance of carriers on the over the next year to address other
Moderate-Risk, Risk, and Monitor lists, carriers with significant indicators of would be identified annually under the
and to reprioritize these carriers as non-compliance and to improve the new High Risk definition and the
needed. Safety performance data Agency’s ability to manage risk and Agency’s additional risk tiers.
analysis tools were developed to respond appropriately based on the best
TABLE 1—NEW HIGH RISK CRITERIA CARRIERS AND CRASH RATES
New High Risk Moderate risk Risk
Number of carriers identified in 12 months ................................................................................. 2,800 1,500 9,200
Crash rate (24 months) per 100 Power Units * ........................................................................... 18.25 14.25 10.80
* Current Mandatory Carrier Crash Rate: 13.35.
This change will not impact a carrier’s how FMCSA makes enforcement Non-Passenger carriers as ‘‘High Risk.’’
safety fitness rating, authority to decisions. Table 2 is offered as reference material
operate, or SMS percentiles, and will II. Summary of Changes to assist the public in understanding the
not change the SMS methodology, or new High Risk definition.
The following table defines the
criteria for designating Passenger and
TABLE 2—PASSENGER AND NON-PASSENGER CARRIERS DESIGNATED AS ‘‘HIGH RISK’’
Criteria Current mandatory New High Risk
SMS BASIC Performance ................................. • Unsafe Driving, Crash Indicator, or HOS • Two or more of the following BASICs at or
Compliance BASICs greater than or equal above the 90th percentile:
to the 85th percentile and one other BASIC Æ Unsafe Driving.
at or above the ‘‘all other’’ motor carrier Æ Crash Indicator,
threshold; or Æ HOS Compliance.
• Any four or more BASICs at or above the Æ Vehicle Maintenance.
‘‘all other’’ motor carrier threshold (65th/80th
percentiles).
Passenger Carrier ............................................. Occurs in One Month ....................................... Occurs in One Month.
Non-Passenger Carrier ...................................... Occurs in Two Consecutive Months ................ Occurs in Two Consecutive Months.
Time Since Last Onsite Investigation ................ • Passenger—12 Months ................................ • Passenger—12 Months.
• Non-Passenger—24 Months ........................ • Non-Passenger—18 Months.
Issued on: February 16, 2016. (CMVs) in interstate commerce. If through Friday, except Federal
T.F. Scott Darling, III, granted, the exemptions would enable Holidays.
Acting Administrator. these individuals to operate CMVs in • Fax: 1–202–493–2251.
[FR Doc. 2016–04972 Filed 3–4–16; 8:45 am] interstate commerce. Instructions: Each submission must
BILLING CODE 4910–EX–P DATES: Comments must be received on include the Agency name and the
or before April 6, 2016. docket numbers for this notice. Note
ADDRESSES: You may submit comments that all comments received will be
DEPARTMENT OF TRANSPORTATION bearing the Federal Docket Management posted without change to http://
System (FDMS) Docket No. FMCSA– www.regulations.gov, including any
Federal Motor Carrier Safety personal information provided. Please
2015–0328 using any of the following
Administration see the Privacy Act heading below for
methods:
[Docket No. FMCSA–2015–0328] • Federal eRulemaking Portal: Go to further information.
http://www.regulations.gov. Follow the Docket: For access to the docket to
Qualification of Drivers; Application for on-line instructions for submitting read background documents or
Exemptions; Hearing comments. comments, go to http://
• Mail: Docket Management Facility; www.regulations.gov at any time or
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA). U.S. Department of Transportation, 1200 Room W12–140 on the ground level of
ACTION: Notice of applications for New Jersey Avenue SE., West Building the West Building, 1200 New Jersey
exemptions; request for comments. Ground Floor, Room W12–140, Avenue SE., Washington, DC, between 9
Washington, DC 20590–0001. a.m. and 5 p.m., Monday through
SUMMARY: FMCSA announces receipt of • Hand Delivery: West Building Friday, except Federal holidays. The
applications from 25 individuals for an Ground Floor, Room W12–140, 1200 Federal Docket Management System
exemption from the hearing requirement New Jersey Avenue SE., Washington, (FDMS) is available 24 hours each day,
to operate commercial motor vehicles DC, between 9 a.m. and 5 p.m., Monday 365 days each year. If you want
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![11878 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
copying and electronic filing. If you telephoning FRA’s Office of Safety 236.1009(h). Specifically, FRA is
submit comments by mail and would Information Collection Clearance proposing that, in addition to the annual
like to know that they reached the Officer, Robert Brogan (tel. (202) 493– report due each March 31 under 49
facility, please enclose a stamped, self- 6292), or FRA’s Office of Administration U.S.C. 20157(c)(1), railroads must
addressed postcard or envelope. Information Collection Clearance provide quarterly progress reports
We will consider all comments and Officer, Kimberly Toone (tel. (202) 493– covering the preceding three-month
material received during the comment 6132); these numbers are not toll-free; or period and submit the forms to FRA on
period. FMCSA may issue a final by contacting Mr. Brogan via facsimile the dates in the following table until full
determination any time after the close of at (202) 493–6216 or Ms. Toone via PTC system implementation is
the comment period. facsimile at (202) 493–6497, or via email completed:
by contacting Mr. Brogan at
V. Viewing Comments and Documents Coverage Due dates for
Robert.Brogan@dot.gov, or by contacting
To view comments, as well as any Ms. Toone at Kim.Toone@dot.gov. eriod quarterly reports
documents mentioned in this preamble, Comments or questions about any Q1 ........ January 1– June 30, 2016,
go to http://www.regulations.gov and in aspect of this ICR pertaining to the March 31. and each
the search box insert the docket number Quarterly PTC Progress Report Form April 30 there-
FMCSA–2015–0328 and click ‘‘Search.’’ should be directed to Mr. Brogan or Ms. after.
Next, click ‘‘Open Docket Folder’’ and Toone, while comments or questions Q2 ........ April 1–June 30 July 31.
you will find all documents and about any aspect of this ICR pertaining Q3 ........ July 1–Sep- October 31.
comments related to this notice. to the Annual PTC Progress Report tember 30.
Form should be directed to OMB’s Q4 ........ October 1–De- January 31.
Issued on: February 24, 2016. cember 31.
Larry W. Minor, Office of Information and Regulatory
Associate Administrator for Policy.
Affairs, Attn: FRA OMB Desk Officer. FRA is delaying submission of the
[FR Doc. 2016–04973 Filed 3–4–16; 8:45 am] SUPPLEMENTARY INFORMATION: Under 49 first quarterly form to allow time for the
BILLING CODE 4910–EX–P
U.S.C. 20157, as amended by the normal 60-days of notice and public
Positive Train Control Enforcement and comment directed to the agency and the
Implementation Act of 2015 (PTCEI Act) additional 30 days of public comment
DEPARTMENT OF TRANSPORTATION and the Fixing America’s Surface directed to OMB while the submission
Transportation (FAST) Act, each undergoes OMB review as required
Federal Railroad Administration railroad required to implement a under the Paperwork Reduction Act of
positive train control (PTC) system must 1995 and its concomitant regulations.
[Docket No. FRA–2016–0002–N–6]
provide information to FRA on its Since the annual report is statutorily
Agency Request for Emergency implementation progress. Under the required by March 31, 2016, FRA is
Processing of Collection of PTCEI Act, each railroad subject to 49 seeking Emergency Processing for the
Information by the Office of U.S.C. 20157(a) must submit an annual annual form.
Management and Budget progress report to FRA by March 31, Annual and quarterly reporting will
2016, and annually thereafter, until PTC enable FRA to effectively track and
AGENCY: Federal Railroad implementation is complete. 49 U.S.C. report railroad progress and compliance,
Administration (FRA), United States 20157(c)(1). The amended statute and to perform its roles in enforcement
Department of Transportation (US specifically requires each railroad to and industry oversight. The proposed
DOT). provide certain information in the quarterly progress report form is
ACTION: Notice. annual reports regarding its progress formatted similar to the ‘‘PTCIP
toward implementing PTC, and template’’ (FRA F 6180.164, OMB No.
SUMMARY: Consistent with the authorizes FRA to request that railroads 2130–0553) and will be used to track
Paperwork Reduction Act of 1995 and provide additional information in the railroads’ progress on, and compliance
its implementing regulations, this annual progress reports. See id. The with, the core quantitative
document provides notice that FRA is annual progress report will report all implementation elements and goals,
submitting the following Information progress for the previous calendar year. some of which are included in the
Collection Request (ICR) to the Office of In addition, 49 U.S.C. 20157(c)(2) railroads’ revised PTCIPs. The quarterly
Management and Budget (OMB) to requires FRA to conduct compliance frequency will allow FRA to identify
collect information on Positive Train reviews, at least annually, to ensure that potential trends so that it can manage its
Control (PTC) implementation on an each railroad is complying with its technical assistance and monitor
annual form and a quarterly form. FRA revised PTC implementation plan compliance accordingly. The annual
requests emergency processing and (PTCIP). The amended statute requires report is required by law, but FRA is
OMB authorization to collect the railroads to provide information to FRA providing guidance on what type of
information on the annual form that FRA determines is necessary to information must be provided to ensure
identified below five business days after adequately conduct such compliance consistency of the information industry
publication of this Notice for a period of reviews. See 49 U.S.C. 20157(c)(2). provides to FRA and its usefulness to
180 days. FRA requests regular To effectively monitor compliance FRA for assessing progress and
processing and OMB authorization to with PTC system implementation, FRA
asabaliauskas on DSK3SPTVN1PROD with NOTICES
compliance.
collect the information on the quarterly is proposing to require each subject FRA is proposing that each railroad
form identified below 90 days after railroad and entity to submit quarterly must submit its quarterly progress
publication of this Notice for a period of reports on its implementation progress, reports and annual progress reports
three years. in addition to the annual progress using Form FRA F 6180.165 and Form
FOR FURTHER INFORMATION CONTACT: A reports, under the PTCEI Act and FRA’s FRA F 6180.166, respectively.
copy of this individual ICR, with any statutory and regulatory investigative FRA is proposing to let the less
public applicable supporting authorities. See 49 U.S.C. 20157(c)(2); detailed monthly reporting that it
documentation, may be obtained by see also 49 U.S.C. 20107, 20902; 49 CFR currently requires (approved under
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Document Created: 2018-02-02 15:08:04
Document Modified: 2018-02-02 15:08:04
| 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 applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before April 6, 2016. | |
| Contact | Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 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 | 81 FR 11876 |
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