81 FR 12556 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 46 (March 9, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 46 (March 9, 2016)
| Page Range | 12556-12558 | |
| FR Document | 2016-05241 |
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)] [Notices] [Pages 12556-12558] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05241] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2012-0154; FMCSA-2012-0332; FMCSA-2013-0121; FMCSA- 2013-0122; FMCSA-2013-0123; FMCSA-2013-0124; FMCSA-2013-0125] Qualification of Drivers; Exemption Applications; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew the exemptions from the hearing requirement in the Federal Motor Carrier Safety Regulations for 36 individuals. FMCSA has statutory authority to exempt individuals from the hearing requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is valid January 4, 2016. Comments must be received on or before April 8, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. FMCSA-2012-0154; FMCSA- 2012-0332; FMCSA-2013-0121; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA- 2013-0124; FMCSA-2013-0125, using any of the following methods: [[Page 12557]]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 or Courier: 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 number for this notice. Note that DOT posts all comments received without change to http://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 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 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, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the hearing requirement in 49 CFR 391.41(b)(11), which applies to drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. Exemption Decision This notice addresses 36 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Andrew Alcozer (IL) Shayne Bumbalough (WA) Geoffrey M. Canoyer (MN) Barry Carpenter (SD) Kwinton Carpenter (OH) Chase Cook (VA) Nelson Deleon (FL) Keith Drown (ID) Norman Estes (AL) Jerry Ferguson (TX) James Gooch (MO) Sue Gregory (UT) David Hoffman (SD) Harold Johnson (PA) Valerie Johnson (CA) William Larson (NC) Donald Lynch (SC) Bryan Macfarlane (VT) Aminder Malhi (CA) Darren Nordquist (WI) Ray Norris (TX) Leslie O'Rorke (IL) Gilbert Partida (TX) Jacob Paullin (WI) Johnny Pierson (AL) Ryan Pope (CA) James Queen (FL) Gerson Ramirez (TX) Zachary Rietz (TX) Robert Rotondi (KY) Ronald Rutter (CA) James Schubin (CA) Samuel Sherman (MN) Russell Smith (OH) Morris Townsend (NC) James Weir (WA) The exemption will be rescinded if: (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 before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 36 applicants has satisfied the entry conditions for obtaining an exemption from the hearing requirement (78 FR 7479; 80 FR 22766; 80 FR 22772; 80 FR 18924; 80 FR 18926). Each of these 36 applicants has requested renewal of the exemption and CDLIS and MCMIS were searched for crash and violation data on the 36 applicants. For non-CDL holders, the Agency reviewed the driving records from the State licensing agency. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver's safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by April 8, 2016. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 36 individuals from the hearing requirement in 49 CFR 391.41(b)(11). The final decision to grant an exemption to each of these individuals was made on the merits of each case and made only after careful consideration of the comments received to its notices of applications. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the [[Page 12558]] statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. 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-2012-0154; FMCSA-2012- 0332; FMCSA-2013-0121; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-2013- 0124; FMCSA-2013-0125 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 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. Viewing Comments and Documents To view comments, as well as any documents mentioned in this notice, or to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2012-0154; FMCSA-2012-0332; FMCSA-2013-0121; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-2013-0124; FMCSA-2013-0125 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this document. Issued on: February 26, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-05241 Filed 3-8-16; 8:45 am] BILLING CODE 4910-EX-P
![12556 Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
Matthew Jack Staley remained seizure free since 2006. He facility, please enclose a stamped, self-
Mr. Staley is a 43 year-old driver in takes anti-seizure medication with the addressed postcard or envelope. We will
Colorado. He has a history of epilepsy dosage and frequency remaining the consider all comments and materials
and has remained seizure free since same that time. His physician states that received during the comment period.
1999. He takes anti-seizure medication he is supportive of Mr. Wenner FMCSA may issue a final determination
with the dosage and frequency receiving an exemption. any time after the close of the comment
remaining the same since that time. His period.
John Charles Wolfe
physician states that he is supportive of V. Viewing Comments and Documents
Mr. Wolfe is a 55 year-old class A
Mr. Staley receiving an exemption. To view comments, as well as any
CDL holder in Pennsylvania. He has a
Michael A. Sypolt history of epilepsy and has remained documents mentioned in this preamble,
Mr. Sypolt is a 53 year-old class A seizure free since 2006. He takes anti- go to http://www.regulations.gov and in
CDL holder in West Virginia. He has a seizure medication with the dosage and the search box insert the docket number
history of a seizure disorder and has frequency remaining the same that time. FMCSA–2015–0321 and click ‘‘Search.’’
remained seizure free since 1980. He His physician states that he is Next, click ‘‘Open Docket Folder’’ and
supportive of Mr. Wolfe receiving an you will find all documents and
takes anti-seizure medication with the
exemption. comments related to this notice.
dosage and frequency remaining the
same for two years. His physician states Dennis Raymond Zayic Issued on: February 26, 2016.
that he is supportive of Mr. Sypolt Larry W. Minor,
Mr. Zayic is a 63 year-old driver in
receiving an exemption. Associate Administrator for Policy.
Minnesota. He has a history of a seizure
[FR Doc. 2016–05242 Filed 3–8–16; 8:45 am]
Daisy Tapia following the resection of a benign
BILLING CODE 4910–EX–P
Ms. Tapia is a 59 year-old class B CDL meningioma in 1995. He takes anti-
holder in New York. She has a history seizure medication with the dosage and
of a single provoked seizure in April frequency remaining the same since that
DEPARTMENT OF TRANSPORTATION
2012, followed by a resection of a time. His physician states that he is
benign meningioma. She takes anti- supportive of Mr. Zayic receiving an Federal Motor Carrier Safety
seizure medication with the dosage and exemption. Administration
frequency remaining the same since that III. Request for Comments [Docket No. FMCSA–2012–0154; FMCSA–
time. Her physician states that he is 2012–0332; FMCSA–2013–0121; FMCSA–
In accordance with 49 U.S.C. 31136(e)
supportive of Ms. Tapia receiving an 2013–0122; FMCSA–2013–0123; FMCSA–
and 31315, FMCSA requests public
exemption. 2013–0124; FMCSA–2013–0125]
comment from all interested persons on
Peter M. Thompson the exemption petitions described in Qualification of Drivers; Exemption
Mr. Thompson is a 23 year-old class this notice. We will consider all Applications; Hearing
A CDL holder in Florida. He has a comments received before the close of
business on the closing date indicated AGENCY: Federal Motor Carrier Safety
history of juvenile epilepsy and has
in the date section of the notice. Administration (FMCSA), DOT.
remained seizure free since 2003. He
ACTION: Notice of renewal of
does not take anti-seizure medication. IV. Submitting Comments
His physician states that he is exemptions; request for comments.
You may submit your comments and
supportive of Mr. Thompson receiving SUMMARY: FMCSA announces its
material online or by fax, mail, or hand
an exemption. decision to renew the exemptions from
delivery, but please use only one of
Paul Richard Trombley these means. FMCSA recommends that the hearing requirement in the Federal
you include your name and a mailing Motor Carrier Safety Regulations for 36
Mr. Trombley is a 41 year-old class A individuals. FMCSA has statutory
CDL holder in Michigan. He has a address, an email address, or a phone
number in the body of your document authority to exempt individuals from
history of a seizure disorder and has the hearing requirement if the
remained seizure free since 2014. He so that FMCSA can contact you if there
are questions regarding your exemptions granted will not
takes anti-seizure medication with the compromise safety. The Agency has
dosage and frequency remaining the submission.
To submit your comment online, go to concluded that granting these
same since that time. His physician exemption renewals will provide a level
states that he is supportive of Mr. http://www.regulations.gov and in the
search box insert the docket number of safety that is equivalent to or greater
Trombley receiving an exemption. than the level of safety maintained
‘‘FMCSA–2015–0321’’ and click the
Mohammad S. Warrad search button. When the new screen without the exemptions for these
appears, click on the blue ‘‘Comment commercial motor vehicle (CMV)
Mr. Warrad is a 55 year-old driver in drivers.
Iowa. He has a history of a seizure Now!’’ button on the right hand side of
disorder and has remained seizure free the page. On the new page, enter DATES: This decision is valid January 4,
since 1996. He takes anti-seizure information required including the 2016. Comments must be received on or
medication with the dosage and specific section of this document to before April 8, 2016.
frequency remaining the same since which each comment applies, and ADDRESSES: You may submit comments
March 2014. His physician states that he provide a reason for each suggestion or bearing the Federal Docket Management
Lhorne on DSK5TPTVN1PROD with NOTICES
is supportive of Mr. Warrad receiving an recommendation. If you submit your System (FDMS) numbers: Docket No.
exemption. comments by mail or hand delivery, FMCSA–2012–0154; FMCSA–2012–
submit them in an unbound format, no 0332; FMCSA–2013–0121; FMCSA–
Richard James Wenner larger than 81⁄2 by 11 inches, suitable for 2013–0122; FMCSA–2013–0123;
Mr. Wenner is a 50 year-old class A copying and electronic filing. If you FMCSA–2013–0124; FMCSA–2013–
CDL holder in Minnesota. He has a submit comments by mail and would 0125, using any of the following
history of a seizure disorder and has like to know that they reached the methods:
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![12558 Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
statutory level of safety should Issued on: February 26, 2016. Issued on: February 26, 2016.
immediately notify FMCSA. The Larry W. Minor, Larry W. Minor,
Agency will evaluate any adverse Associate Administrator for Policy. Associate Administrator for Policy.
evidence submitted and, if safety is [FR Doc. 2016–05241 Filed 3–8–16; 8:45 am] [FR Doc. 2016–05244 Filed 3–8–16; 8:45 am]
being compromised or if continuation of BILLING CODE 4910–EX–P BILLING CODE 4910–EX–P
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION
take immediate steps to revoke the
Federal Motor Carrier Safety Federal Transit Administration
exemption of a driver.
Administration
Submitting Comments Federal Fiscal Year 2016 Annual List of
Certifications and Assurances for
[Docket No. FMCSA–2015–0394]
You may submit your comments and Federal Transit Administration Grants
material online or by fax, mail, or hand Driver Qualification Files: Application and Cooperative Agreements
delivery, but please use only one of for Exemption; Atlantic and Pacific AGENCY: Federal Transit Administration,
these means. FMCSA recommends that Freightways, Inc. DOT.
you include your name and a mailing ACTION: Notice of availability.
address, an email address, or a phone AGENCY: Federal Motor Carrier Safety
number in the body of your document Administration (FMCSA), DOT. SUMMARY: This notice announces the
so that FMCSA can contact you if there ACTION: Notice of withdrawal of availability of the Federal
are questions regarding your application for exemption. Transportation Administration’s (FTA)
submission. Fiscal Year (FY) 2016 Annual List of
SUMMARY: FMCSA announces that it has Certifications and Assurances for FTA
To submit your comment online, go to accepted the request of Atlantic and Grants and Cooperative Agreements,
http://www.regulations.gov and in the Pacific Freightways, Inc. (A&P) to which can be found at FTA’s Web site,
search box insert the docket number withdraw its application for exemption www.fta.dot.gov/certs. This notice
FMCSA–2012–0154; FMCSA–2012– from the Agency’s regulation requiring provides a condensed list of the pre-
0332; FMCSA–2013–0121; FMCSA– motor carriers to obtain updated award Certifications and Assurances
2013–0122; FMCSA–2013–0123; medical certification information when that may apply to an Applicant to FTA
FMCSA–2013–0124; FMCSA–2013– a driver holding a commercial driver’s for federal assistance and the Award
0125 and click the search button. When license (CDL) undergoes a new driver that may be made in FY 2016. This
the new screen appears, click on the medical examination (49 CFR notice also describes both the Applicant
blue ‘‘Comment Now!’’ button on the 391.51(b)(7)(ii)). A&P no longer needs and FTA’s responsibilities with respect
right hand side of the page. On the new the exemption. to the Certifications and Assurances and
page, enter information required FOR FURTHER INFORMATION CONTACT: Mr. highlights the differences between the
including the specific section of this Robert F. Schultz, Driver and Carrier FY 2016 Certifications and Assurances
document to which each comment Operations Division; Office of Carrier, and those published for FY 2015. Each
applies, and provide a reason for each Driver and Vehicle Safety Standards; Applicant to FTA for federal assistance
suggestion or recommendation. If you Telephone: 202–366–4325, Email: must submit the Certifications and
submit your comments by mail or hand MCPSD@dot.gov, Federal Motor Carrier Assurances that apply to it and any
delivery, submit them in an unbound Safety Administration, 1200 New Jersey Award for which it seeks federal
format, no larger than 81⁄2 by 11 inches, Avenue SE., Washington, DC 20590– assistance during FY 2016. An
suitable for copying and electronic 0001. Applicant to FTA typically acts through
filing. If you submit comments by mail its authorized representative (You). You,
SUPPLEMENTARY INFORMATION:
and would like to know that they as the Applicant’s Authorized
Background Representative, must have the authority
reached the facility, please enclose a
Applicant A&P is a Vancouver, to sign the Applicant’s Certifications
stamped, self-addressed postcard or
Washington motor carrier that employs and Assurances and to bind your
envelope. We will consider all
CDL-drivers to transport goods in Applicant’s compliance with the
comments and material received during Certifications and Assurances you select
the comment period. interstate commerce. A&P applied for
exemption from 49 CFR 391.51(b)(7)(ii) on its behalf. Your Certifications and
Viewing Comments and Documents because it was experiencing difficulty Assurances must be affirmed by your
obtaining updated medical certification Applicant’s attorney. This notice
To view comments, as well as any provides instructions on how and when
information on its CDL drivers as
documents mentioned in this notice, or you should submit your Applicant’s
required by the regulation. On
to submit your comment online, go to November 27, 2015, FMCSA published Certifications and Assurances for FY
http://www.regulations.gov and in the a Federal Register notice of A&P’s 2016.
search box insert the docket number application for exemption and asked for DATES: These FY 2016 Certifications and
FMCSA–2012–0154; FMCSA–2012– public comment (80 FR 74202). No Assurances are effective October 1,
0332; FMCSA–2013–0121; FMCSA– comments were received. On January 2015, the first day of FY 2016.
Lhorne on DSK5TPTVN1PROD with NOTICES
2013–0122; FMCSA–2013–0123; 28, 2016, A&P asked to withdraw its FOR FURTHER INFORMATION CONTACT: The
FMCSA–2013–0124; FMCSA–2013– application for exemption because it is appropriate Regional or Metropolitan
0125 and click ‘‘Search.’’ Next, click now able to receive all the information Office listed in this notice. For copies of
‘‘Open Docket Folder’’ and you will find required by 49 CFR 391.51(b)(7)(ii). The related documents and information, see
all documents and comments related to Agency accordingly accepts A&P’s our Web site at www.fta.dot.gov/certs or
this document. request to withdraw its application and contact our Office of Administration at
closes the docket of this matter. 202–366–4007.
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Document Created: 2016-03-09 00:13:48
Document Modified: 2016-03-09 00:13:48
| 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 renewal of exemptions; request for comments. | |
| Dates | This decision is valid January 4, 2016. Comments must be received on or before April 8, 2016. | |
| Contact | Christine A. Hydock, Chief, Medical Programs Division, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 12556 |
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