Driver Qualification Files: Application for Exemption; Atlantic and Pacific Freightways, Inc., 74202-74203 [2015-30152]

Download as PDF 74202 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices duties as a driver as per the guidelines for the Department of Transportation.’’ Mr. Jeglum writes, ‘‘I already have a intrastate waiver with no problems in the past 10 years.’’ William Kastner Mr. Kastner is a 61 year old CDL holder in New Jersey. A May 2015 letter from his cardiologist reports that Mr. Kastner’s defibrillator ‘‘was implanted in 2006 after he experienced a myocardial infarction resulting in reduced left ventricular ejection fraction’’. His cardiologist notes that ‘‘Mr. Kastner has never had an episode of syncope, symptomatic palpitations, loss of consciousness, cardiac arrest, documented ventricular tachycardia or ventricular fibrillation.’’ His electrophysiology group has recommended ‘‘that it is safe for him to continue to ride his motorcycle, and he has had no adverse events or effects from this’’. He is followed regularly by his electrophysiologist office and has no untoward events with his defibrillator. ‘‘He has never had any syncope, palpitations, or discharges from his cardiac defibrillator.’’ mstockstill on DSK4VPTVN1PROD with NOTICES Mark Todd Smith Mr. Smith is a 52 year old class A– CDL holder in Georgia. Medical documentation from his cardiologist between 2013 and June 2015 reports that he was upgraded from a dual chamber ICD to a biventricular ICD for ventricular arrhythmias. Mr. Smith had a pulmonary valve replacement in 2015. A September 2015 report from his cardiologist states ‘‘he has no complaints of PND (paroxysmal nocturnal dyspnea), orthopnea, LE (lower extremity) edema, syncope, or pre-syncope’’. An October 2015 letter from his cardiologist reports that his ICD has ‘‘shown normal function’’. ‘‘He also uses it as a pacemaker.’’ ‘‘Since 2014, he has not had ICD therapy because he underwent a procedure to correct that problem’’. ‘‘Considering his cardiac issues, he is safer to drive professionally now than he ever has been.’’ Andre Williams Mr. Williams is a 57 year old CDL holder in Georgia. An August 2015 letter from his cardiologist reports that Mr. Williams’s ICD was implanted in February 2013. ‘‘His ICD has been checked every 6 months and has not fired/deployed’’. ‘‘He has done well with no ICD shocks’’. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 comment from all interested persons on the exemption applications described in this notice. We will consider all comments received before the close of business on the closing date indicated earlier in the notice. Issued on: November 13, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–30156 Filed 11–25–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0394] Driver Qualification Files: Application for Exemption; Atlantic and Pacific Freightways, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: 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 SUMMARY: PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 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 E:\FR\FM\27NON1.SGM 27NON1 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices 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 81⁄2 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, selfaddressed 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 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. 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 reexamined 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). 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).’’ PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 74203 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 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2015–0134] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LOCURA; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for SUMMARY: E:\FR\FM\27NON1.SGM 27NON1

Agencies

[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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).''
---------------------------------------------------------------------------

    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