Driver Qualification Files: Application for Exemption; Atlantic and Pacific Freightways, Inc.

Topics:  Atlantic and Pacific Freightways

Larry W. Minor
Federal Motor Carrier Safety Administration
November 27, 2015

[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74202-74203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30152]


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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.

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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.
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    \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).''
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    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