Qualification of Drivers; Application for Exemptions; Hearing, 57032-57034 [2015-23594]
Download as PDF
<![CDATA[
rmajette on DSK7SPTVN1PROD with NOTICES
57032
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices
The FMCSA has authority to regulate
the overall commercial operations of the
household goods industry under 49
U.S.C. 14104, ‘‘Household goods carrier
operations.’’ This ICR includes the
information collection requirements
contained in title 49 CFR part 375,
‘‘Transportation of Household Goods in
Interstate Commerce; Consumer
Protection Regulations.’’ The
information collected encompasses that
which is generated, maintained,
retained, disclosed, and provided to, or
for, the agency under 49 CFR part 375.
Sections 4202 through 4216 of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (Pub. L. 109–59, 119 Stat. 1144,
Aug. 10, 2005) (SAFETEA–LU)
amended various provisions of existing
law regarding household goods
transportation. It specifically addressed:
Definitions (section 4202); payment of
rates (section 4203); registration
requirements for household goods motor
carriers (section 4204); carrier
operations (section 4205); enforcement
of regulations (section 4206); liability of
carriers under receipts and bills of
lading (section 4207); arbitration
requirements (section 4208); civil
penalties for brokers and unauthorized
transportation (section 4209); penalties
for holding goods hostage (section
4210); consumer handbook (section
4211); release of broker information
(section 4212); working group for
Federal-State relations (section 4213);
consumer complaint information
(section 4214); review of liability of
carriers (section 4215); and application
of State laws (section 4216). The
FMCSA regulations that set forth
Federal requirements for movers that
provide interstate transportation of
household goods are found in 49 CFR
part 375, ‘‘Transportation of Household
Goods; Consumer Protection
Regulation.’’
On July 16, 2012, FMCSA published
a Direct Final Rule (DFR) titled,
‘‘Transportation of Household Goods in
Interstate Commerce; Consumer
Protection Regulations: Household
Goods Motor Carrier Record Retention
Requirements,’’ (77 FR 41699). The rule
amended the regulations governing the
period during which HHG motor
carriers must retain documentation of
an individual shipper’s waiver of
receipt of printed copies of consumer
protection materials. This change
harmonized the retention period with
other document retention requirements
applicable to HHG motor carriers.
FMCSA also amended the regulations to
clarify that a HHG motor carrier is not
required to retain waiver documentation
from any individual shippers for whom
VerDate Sep<11>2014
15:14 Sep 18, 2015
Jkt 235001
the carrier does not actually provide
services.
Title: Transportation of Household
Goods; Consumer Protection.
OMB Control Number: 2126–0025.
Type of Request: Extension of a
currently-approved information
collection.
Respondents: Household goods
movers and consumers.
Estimated Number of Respondents:
8,565 respondents [6,065 household
goods movers + 2,500 consumers =
8,565].
Estimated Time per Response: Varies
from 5 minutes to display assigned U.S.
DOT number in created advertisement
to 12.5 minutes to distribute consumer
publication, and 10 minutes to complete
Form MSCA–2P, ‘‘Household Goods/
Commercial Complaint Form.
Expiration Date: April 30, 2016.
Frequency of Response: Other (Once).
Estimated Total Annual Burden:
5,524,800 hours [Informational
documents provided to prospective
shippers at 43,800 hours + Written Cost
estimates for prospective shippers at
4,620,000 hours + Service orders, bills
of lading at 805,300 hours + In-transit
service notifications at 22,600 hours +
Complaint and inquiry records
including establishing records system at
32,700 hours + Household Goods ¥
Consumer Complaint Form MCSA–2P at
400 hours = 5,524,800].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the information
collected. The Agency will summarize
or include your comments in the request
for OMB’s clearance of this ICR.
Issued under the authority of 49 CFR 1.87
on: September 11, 2015.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2015–23589 Filed 9–18–15; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0103]
Qualification of Drivers; Application for
Exemptions; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to grant requests from 10
individuals for exemptions from the
Agency’s physical qualifications
standard concerning hearing for
interstate drivers. The current regulation
prohibits hearing impaired individuals
from operating CMVs in interstate
commerce. After notice and opportunity
for public comment, the Agency
concluded that granting exemptions for
these drivers to operate propertycarrying CMVs will provide a level of
safety that is equivalent to or greater
than the level of safety maintained
without the exemptions. The
exemptions are valid for a 2-year period
and may be renewed, and the
exemptions preempt State laws and
regulations.
SUMMARY:
The exemptions are effective
September 21, 2015. The exemptions
expire on September 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Charles A. Horan, III, Director, Office of
Carrier, Driver and Vehicle Safety, (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 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
DATES:
A. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at:
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov
and/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., e.t., Monday
through Friday, except Federal holidays.
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
E:\FR\FM\21SEN1.SGM
21SEN1
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
B. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the safety regulations 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 current
provisions of the FMCSRs concerning
hearing state that a person is physically
qualified to drive a CMV if that person:
rmajette on DSK7SPTVN1PROD with NOTICES
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.
49 CFR 391.41(b)(11). This standard was
adopted in 1970, with a revision 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).
FMCSA grants 10 individuals an
exemption from § 391.41(b)(11)
concerning hearing to enable them to
operate property-carrying CMVs in
interstate commerce for a 2-year period.
The Agency’s decision on these
exemption applications is based on the
current medical literature and
information and the ‘‘Executive
Summary on Hearing, Vestibular
Function and Commercial Motor
Driving Safety’’ (the 2008 Evidence
Report) presented to FMCSA on August
26, 2008. The evidence report reached
two conclusions regarding the matter of
hearing loss and CMV driver safety: (1)
No studies that examined the
relationship between hearing loss and
crash risk exclusively among CMV
drivers were identified; and (2) evidence
from studies of the private driver license
holder population does not support the
contention that individuals with hearing
impairment are at an increased risk for
a crash. In addition, the Agency
reviewed each applicant’s driving
record found in the CDLIS,1 for CDL
holders, and inspections recorded in
1 Commercial Driver License Information System
(CDLIS) is an information system that allows the
exchange of commercial driver licensing
information among all the States. CDLIS includes
the databases of 51 licensing jurisdictions and the
CDLIS Central Site, all connected by a
telecommunications network.
VerDate Sep<11>2014
15:14 Sep 18, 2015
Jkt 235001
MCMIS.2 For non-CDL holders, the
Agency reviewed the driving records
from the State licensing agency. Each
applicant’s record demonstrated a safe
driving history. The Agency believes the
drivers covered by the exemptions do
not pose a risk to public safety.
C. Comments
On July 17, 2014, FMCSA published
a notice of receipt of exemption
applications and requested public
comment on 10 individuals (FR 79
41720; Docket number FMCSA–2014–
16800). The comment period ended on
August 18, 2014. There were no
comments in response to this notice.
D. Exemptions Granted
Following individualized assessments
of the exemption applications, FMCSA
grants exemptions from 49 CFR
391.41(b)(11) to 10 individuals. Under
current FMCSA regulations, all of the 10
drivers receiving exemptions from 49
CFR 391.41(b)(11) would have been
considered physically qualified to drive
a CMV in interstate commerce except
that they do not meet the hearing
requirement. FMCSA has determined
that the following 10 applicants should
be granted an exemption:
Kevin S. Beacham
Mr. Beacham, 42, holds an operator’s
license in Maryland.
Tyler R. Carter
Mr. Carter, 23, holds an operator’s
license in Louisiana.
Stephen K. Gensmer
Mr. Gensmer, 29, holds an operator’s
license in Minnesota.
Nathaniel W. Godfrey
Mr. Godfrey, 41, holds an operator’s
license in Kentucky.
Jared Y. Katakurd
Mr. Katakurd, 40, holds an operator’s
license in Hawaii.
Ervin E. Mitchell
Mr. Mitchell, 36, holds a Class A
commercial driver’s license (CDL) in
Alabama.
Robert L. Parrish, Jr.
Mr. Parrish, 50, holds an operator’s
license in California.
2 Motor Carrier Management Information System
(MCMIS) is an information system that captures
data from field offices through SAFETYNET,
CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit,
and registration data.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
57033
Matthew B. Skelton
Mr. Skelton, 36, holds a Class A
commercial driver’s license (CDL) in
Texas.
Charles A. Whitworth
Mr. Whitworth, 45, holds a Class A
commercial driver’s license (CDL) in
Louisiana.
Jesse W. Shelander
Mr. Shelander, 38, holds a Class A
commercial driver’s license (CDL) in
Texas.
E. Basis for Exemption
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the hearing standard in 49 CFR
391.41(b)(11) if the exemption is likely
to achieve an equivalent or greater level
of safety than would be achieved
without the exemption. With the
exemption, applicants can drive in
interstate commerce. Thus, the Agency’s
analysis focuses on whether an equal or
greater level of safety is likely to be
achieved by permitting each of these
drivers to drive in interstate commerce
as opposed to restricting him or her to
driving in intrastate commerce. The
driver must comply with the terms and
conditions of the exemption. This
includes reporting any crashes or
accidents as defined in 49 CFR 390.5
and reporting all citations and
convictions for disqualifying offenses
under 49 CFR part 383 and 49 CFR 391.
Conclusion
The Agency is granting exemptions
from the hearing standard, 49 CFR
391.41(b)(11), to 10 individuals based
on an evaluation of each driver’s safety
experience. Safety analysis of
information relating to these 10
applicants meets the burden of showing
that granting the exemptions would
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved without the
exemption. In accordance with 49
U.S.C. 31315, each exemption will be
valid for 2 years from the effective date
with annual recertification required
unless revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (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 prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
FMCSA exempts the following 10
drivers for a period of 2 years from the
physical qualification standard
E:\FR\FM\21SEN1.SGM
21SEN1
57034
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices
concerning hearing: Kevin S. Beacham
(MD); Tyler R. Carter (LA); Stephen K.
Gensmer (MN); Nathaniel W. Godfrey
(KY); Jared Y. Katakurd (HI); Ervin E.
Mitchell (AL); Robert L. Parrish, Jr.
(CA); Matthew B. Skelton (TX); Charles
A. Whitworth (LA); and Jesse W.
Shelander (TX)
Issued on: September 8, 2015.
Larry W. Minor,
Associate Administrator for Policy.
A. Electronic Access
[FR Doc. 2015–23594 Filed 9–18–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0381]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to grant requests from 9
individuals for exemptions from the
regulatory requirement that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
loss of ability to control a CMV.’’ The
regulation and the associated advisory
criteria published in the Code of Federal
Regulations as the ‘‘Instructions for
Performing and Recording Physical
Examinations’’ have resulted in
numerous drivers being prohibited from
operating CMVs in interstate commerce
based on the fact that they have had one
or more seizures and are taking antiseizure medication, rather than an
individual analysis of their
circumstances by a qualified medical
examiner. The Agency concluded that
granting exemptions for these CMV
drivers will provide a level of safety that
is equivalent to or greater than the level
of safety maintained without the
exemptions. FMCSA grants exemptions
that will allow these 9 individuals to
operate CMVs in interstate commerce
for a 2-year period. The exemptions
preempt State laws and regulations and
may be renewed.
DATES: The exemptions are effective
September 21, 2015. The exemptions
expire on September 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Charles A. Horan, III, Director, Office of
Carrier, Driver and Vehicle Safety, (202)
rmajette on DSK7SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
15:14 Sep 18, 2015
Jkt 235001
366–4001, or via email at
fmcsamedical@dot.gov, or by letter to
FMCSA, Department of Transportation,
1200 New Jersey Avenue SE., Room
W64–224, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov
and/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.
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.
B. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the safety regulations
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.
FMCSA grants 9 individuals an
exemption from the regulatory
requirement in § 391.41(b)(8), to allow
these individuals who take anti-seizure
medication to operate CMVs in
interstate commerce for a 2-year period.
The Agency’s decision on these
exemption applications is based on an
individualized assessment of each
applicant’s medical information,
including the root cause of the
respective seizure(s), the length of time
elapsed since the individual’s last
seizure, and each individual’s treatment
regimen. In addition, the Agency
reviewed each applicant’s driving
record found in the Commercial Driver’s
License Information System (CDLIS) 1
1 Commercial Driver License Information System
(CDLIS) is an information system that allows the
exchange of commercial driver licensing
information among all the States. CDLIS includes
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
for commercial driver’s license (CDL)
holders, and interstate and intrastate
inspections recorded in Motor Carrier
Management Information System
(MCMIS).2 For non-CDL holders, the
Agency reviewed the driving records
from the State licensing agency. The
Agency acknowledges the potential
consequences of a driver experiencing a
seizure while operating a CMV.
However, the Agency believes the
drivers covered by the exemptions
granted here have demonstrated that
they are unlikely to have a seizure and
their medical conditions do not pose a
risk to public safety.
In reaching the decision to grant these
exemption requests, the Agency
considered both current medical
literature and information and the 2007
recommendations of the Agency’s
Medical Expert Panel (MEP). The
Agency gathered evidence for potential
changes to the regulation previously at
49 CFR 391.41(b)(8) by conducting a
comprehensive review of scientific
literature that was compiled into the
‘‘Evidence Report on Seizure Disorders
and Commercial Vehicle Driving’’
(Evidence Report) [CD–ROM HD
TL230.3 .E95 2007]. The Agency then
convened a panel of medical experts in
the field of neurology (the MEP) on May
14–15, 2007, to review 49 CFR
391.41(b)(8) and the advisory criteria
regarding individuals who have
experienced a seizure and the 2007
Evidence Report. The Evidence Report
and the MEP recommendations are
published on-line at https://
www.fmcsa.dot.gov/regulations/
medical/reports-how-medicalconditions-impact-driving, under
Seizure Disorders, and are in the docket
for this notice.
MEP Criteria for Evaluation
On October 15, 2007, the MEP issued
the following recommended criteria for
evaluating whether an individual with
epilepsy or a seizure disorder should be
allowed to operate a CMV.3 The MEP
recommendations are included in
previously published dockets.
Epilepsy diagnosis. If there is an
epilepsy diagnosis, the applicant should
the databases of fifty-one licensing jurisdictions and
the CDLIS Central Site, all connected by a
telecommunications network.
2 Motor Carrier Management Information System
(MCMIS) is an information system that captures
data from field offices through SAFETYNET,
CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit,
and registration data.
3 Engel, J., Fisher, R.S., Krauss, G.L., Krumholz,
A., and Quigg, M.S., ‘‘Expert Panel
Recommendations: Seizure Disorders and
Commercial Motor Vehicle Driver Safety,’’ FMCSA,
October 15, 2007.
E:\FR\FM\21SEN1.SGM
21SEN1
]]>Agencies
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 57032-57034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23594]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0103]
Qualification of Drivers; Application for Exemptions; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant requests from 10
individuals for exemptions from the Agency's physical qualifications
standard concerning hearing for interstate drivers. The current
regulation prohibits hearing impaired individuals from operating CMVs
in interstate commerce. After notice and opportunity for public
comment, the Agency concluded that granting exemptions for these
drivers to operate property-carrying CMVs will provide a level of
safety that is equivalent to or greater than the level of safety
maintained without the exemptions. The exemptions are valid for a 2-
year period and may be renewed, and the exemptions preempt State laws
and regulations.
DATES: The exemptions are effective September 21, 2015. The exemptions
expire on September 21, 2017.
FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety, (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 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
A. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov and/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., e.t., Monday through Friday, except Federal
holidays.
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
[[Page 57033]]
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.
B. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the safety regulations 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 current provisions of the FMCSRs
concerning hearing state 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.
49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision 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).
FMCSA grants 10 individuals an exemption from Sec. 391.41(b)(11)
concerning hearing to enable them to operate property-carrying CMVs in
interstate commerce for a 2-year period. The Agency's decision on these
exemption applications is based on the current medical literature and
information and the ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety'' (the 2008 Evidence Report)
presented to FMCSA on August 26, 2008. The evidence report reached two
conclusions regarding the matter of hearing loss and CMV driver safety:
(1) No studies that examined the relationship between hearing loss and
crash risk exclusively among CMV drivers were identified; and (2)
evidence from studies of the private driver license holder population
does not support the contention that individuals with hearing
impairment are at an increased risk for a crash. In addition, the
Agency reviewed each applicant's driving record found in the CDLIS,\1\
for CDL holders, and inspections recorded in MCMIS.\2\ For non-CDL
holders, the Agency reviewed the driving records from the State
licensing agency. Each applicant's record demonstrated a safe driving
history. The Agency believes the drivers covered by the exemptions do
not pose a risk to public safety.
---------------------------------------------------------------------------
\1\ Commercial Driver License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of 51 licensing jurisdictions and the CDLIS Central Site,
all connected by a telecommunications network.
\2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
---------------------------------------------------------------------------
C. Comments
On July 17, 2014, FMCSA published a notice of receipt of exemption
applications and requested public comment on 10 individuals (FR 79
41720; Docket number FMCSA-2014-16800). The comment period ended on
August 18, 2014. There were no comments in response to this notice.
D. Exemptions Granted
Following individualized assessments of the exemption applications,
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 10 individuals.
Under current FMCSA regulations, all of the 10 drivers receiving
exemptions from 49 CFR 391.41(b)(11) would have been considered
physically qualified to drive a CMV in interstate commerce except that
they do not meet the hearing requirement. FMCSA has determined that the
following 10 applicants should be granted an exemption:
Kevin S. Beacham
Mr. Beacham, 42, holds an operator's license in Maryland.
Tyler R. Carter
Mr. Carter, 23, holds an operator's license in Louisiana.
Stephen K. Gensmer
Mr. Gensmer, 29, holds an operator's license in Minnesota.
Nathaniel W. Godfrey
Mr. Godfrey, 41, holds an operator's license in Kentucky.
Jared Y. Katakurd
Mr. Katakurd, 40, holds an operator's license in Hawaii.
Ervin E. Mitchell
Mr. Mitchell, 36, holds a Class A commercial driver's license (CDL)
in Alabama.
Robert L. Parrish, Jr.
Mr. Parrish, 50, holds an operator's license in California.
Matthew B. Skelton
Mr. Skelton, 36, holds a Class A commercial driver's license (CDL)
in Texas.
Charles A. Whitworth
Mr. Whitworth, 45, holds a Class A commercial driver's license
(CDL) in Louisiana.
Jesse W. Shelander
Mr. Shelander, 38, holds a Class A commercial driver's license
(CDL) in Texas.
E. Basis for Exemption
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the hearing standard in 49 CFR 391.41(b)(11) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. With the exemption, applicants can
drive in interstate commerce. Thus, the Agency's analysis focuses on
whether an equal or greater level of safety is likely to be achieved by
permitting each of these drivers to drive in interstate commerce as
opposed to restricting him or her to driving in intrastate commerce.
The driver must comply with the terms and conditions of the exemption.
This includes reporting any crashes or accidents as defined in 49 CFR
390.5 and reporting all citations and convictions for disqualifying
offenses under 49 CFR part 383 and 49 CFR 391.
Conclusion
The Agency is granting exemptions from the hearing standard, 49 CFR
391.41(b)(11), to 10 individuals based on an evaluation of each
driver's safety experience. Safety analysis of information relating to
these 10 applicants meets the burden of showing that granting the
exemptions would achieve a level of safety that is equivalent to or
greater than the level that would be achieved without the exemption. In
accordance with 49 U.S.C. 31315, each exemption will be valid for 2
years from the effective date with annual recertification required
unless revoked earlier by FMCSA. The exemption will be revoked if the
following occurs: (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 prior to being granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and 31315.
FMCSA exempts the following 10 drivers for a period of 2 years from
the physical qualification standard
[[Page 57034]]
concerning hearing: Kevin S. Beacham (MD); Tyler R. Carter (LA);
Stephen K. Gensmer (MN); Nathaniel W. Godfrey (KY); Jared Y. Katakurd
(HI); Ervin E. Mitchell (AL); Robert L. Parrish, Jr. (CA); Matthew B.
Skelton (TX); Charles A. Whitworth (LA); and Jesse W. Shelander (TX)
Issued on: September 8, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-23594 Filed 9-18-15; 8:45 am]
BILLING CODE 4910-EX-P
