Qualification of Drivers; Exemption Applications; Hearing, 12556-12558 [2016-05241]
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12556
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
Matthew Jack Staley
Mr. Staley is a 43 year-old driver in
Colorado. He has a history of epilepsy
and has remained seizure free since
1999. He takes anti-seizure medication
with the dosage and frequency
remaining the same since that time. His
physician states that he is supportive of
Mr. Staley receiving an exemption.
Michael A. Sypolt
Mr. Sypolt is a 53 year-old class A
CDL holder in West Virginia. He has a
history of a seizure disorder and has
remained seizure free since 1980. He
takes anti-seizure medication with the
dosage and frequency remaining the
same for two years. His physician states
that he is supportive of Mr. Sypolt
receiving an exemption.
Daisy Tapia
Ms. Tapia is a 59 year-old class B CDL
holder in New York. She has a history
of a single provoked seizure in April
2012, followed by a resection of a
benign meningioma. She takes antiseizure medication with the dosage and
frequency remaining the same since that
time. Her physician states that he is
supportive of Ms. Tapia receiving an
exemption.
Peter M. Thompson
Mr. Thompson is a 23 year-old class
A CDL holder in Florida. He has a
history of juvenile epilepsy and has
remained seizure free since 2003. He
does not take anti-seizure medication.
His physician states that he is
supportive of Mr. Thompson receiving
an exemption.
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Paul Richard Trombley
Mr. Trombley is a 41 year-old class A
CDL holder in Michigan. He has a
history of a seizure disorder and has
remained seizure free since 2014. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since that time. His physician
states that he is supportive of Mr.
Trombley receiving an exemption.
Mohammad S. Warrad
Mr. Warrad is a 55 year-old driver in
Iowa. He has a history of a seizure
disorder and has remained seizure free
since 1996. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
March 2014. His physician states that he
is supportive of Mr. Warrad receiving an
exemption.
Richard James Wenner
Mr. Wenner is a 50 year-old class A
CDL holder in Minnesota. He has a
history of a seizure disorder and has
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15:08 Mar 08, 2016
Jkt 238001
remained seizure free since 2006. He
takes anti-seizure medication with the
dosage and frequency remaining the
same that time. His physician states that
he is supportive of Mr. Wenner
receiving an exemption.
John Charles Wolfe
Mr. Wolfe is a 55 year-old class A
CDL holder in Pennsylvania. He has a
history of epilepsy and has remained
seizure free since 2006. He takes antiseizure medication with the dosage and
frequency remaining the same that time.
His physician states that he is
supportive of Mr. Wolfe receiving an
exemption.
facility, please enclose a stamped, selfaddressed postcard or envelope. We will
consider all comments and materials
received during the comment period.
FMCSA may issue a final determination
any time after the close of the comment
period.
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2015–0321 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Dennis Raymond Zayic
Mr. Zayic is a 63 year-old driver in
Minnesota. He has a history of a seizure
following the resection of a benign
meningioma in 1995. He takes antiseizure medication with the dosage and
frequency remaining the same since that
time. His physician states that he is
supportive of Mr. Zayic receiving an
exemption.
Issued on: February 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the notice.
[Docket No. FMCSA–2012–0154; FMCSA–
2012–0332; FMCSA–2013–0121; FMCSA–
2013–0122; FMCSA–2013–0123; FMCSA–
2013–0124; FMCSA–2013–0125]
IV. 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
https://www.regulations.gov and in the
search box insert the docket number
‘‘FMCSA–2015–0321’’ 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 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
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[FR Doc. 2016–05242 Filed 3–8–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
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:
SUMMARY:
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09MRN1
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
• Federal eRulemaking Portal: Go to
https://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 https://
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 https://
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 selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Lhorne on DSK5TPTVN1PROD with NOTICES
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:
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15:08 Mar 08, 2016
Jkt 238001
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
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12557
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
E:\FR\FM\09MRN1.SGM
09MRN1
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Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
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.
Issued on: February 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
Issued on: February 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–05241 Filed 3–8–16; 8:45 am]
[FR Doc. 2016–05244 Filed 3–8–16; 8:45 am]
BILLING CODE 4910–EX–P
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Federal Transit Administration
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
https://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 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, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period.
Lhorne on DSK5TPTVN1PROD with NOTICES
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this notice, or
to submit your comment online, go to
https://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.
VerDate Sep<11>2014
15:08 Mar 08, 2016
Jkt 238001
[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 withdrawal of
application for exemption.
AGENCY:
FMCSA announces that it has
accepted the request of Atlantic and
Pacific Freightways, Inc. (A&P) to
withdraw its application for exemption
from the Agency’s regulation requiring
motor carriers to obtain updated
medical certification information when
a driver holding a commercial driver’s
license (CDL) undergoes a new driver
medical examination (49 CFR
391.51(b)(7)(ii)). A&P no longer needs
the exemption.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert F. Schultz, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards;
Telephone: 202–366–4325, Email:
MCPSD@dot.gov, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
Applicant A&P is a Vancouver,
Washington motor carrier that employs
CDL-drivers to transport goods in
interstate commerce. A&P applied for
exemption from 49 CFR 391.51(b)(7)(ii)
because it was experiencing difficulty
obtaining updated medical certification
information on its CDL drivers as
required by the regulation. On
November 27, 2015, FMCSA published
a Federal Register notice of A&P’s
application for exemption and asked for
public comment (80 FR 74202). No
comments were received. On January
28, 2016, A&P asked to withdraw its
application for exemption because it is
now able to receive all the information
required by 49 CFR 391.51(b)(7)(ii). The
Agency accordingly accepts A&P’s
request to withdraw its application and
closes the docket of this matter.
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Federal Fiscal Year 2016 Annual List of
Certifications and Assurances for
Federal Transit Administration Grants
and Cooperative Agreements
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of availability.
This notice announces the
availability of the Federal
Transportation Administration’s (FTA)
Fiscal Year (FY) 2016 Annual List of
Certifications and Assurances for FTA
Grants and Cooperative Agreements,
which can be found at FTA’s Web site,
www.fta.dot.gov/certs. This notice
provides a condensed list of the preaward Certifications and Assurances
that may apply to an Applicant to FTA
for federal assistance and the Award
that may be made in FY 2016. This
notice also describes both the Applicant
and FTA’s responsibilities with respect
to the Certifications and Assurances and
highlights the differences between the
FY 2016 Certifications and Assurances
and those published for FY 2015. Each
Applicant to FTA for federal assistance
must submit the Certifications and
Assurances that apply to it and any
Award for which it seeks federal
assistance during FY 2016. An
Applicant to FTA typically acts through
its authorized representative (You). You,
as the Applicant’s Authorized
Representative, must have the authority
to sign the Applicant’s Certifications
and Assurances and to bind your
Applicant’s compliance with the
Certifications and Assurances you select
on its behalf. Your Certifications and
Assurances must be affirmed by your
Applicant’s attorney. This notice
provides instructions on how and when
you should submit your Applicant’s
Certifications and Assurances for FY
2016.
DATES: These FY 2016 Certifications and
Assurances are effective October 1,
2015, the first day of FY 2016.
FOR FURTHER INFORMATION CONTACT: The
appropriate Regional or Metropolitan
Office listed in this notice. For copies of
related documents and information, see
our Web site at www.fta.dot.gov/certs or
contact our Office of Administration at
202–366–4007.
SUMMARY:
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Agencies
[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]
-----------------------------------------------------------------------
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 https://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 https://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 https://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 https://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 https://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