Qualification of Drivers; Exemption Applications; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
9 March 2016
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12556-12558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05241]
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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.
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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,
fmcsamedical@dot.gov, 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