Driver Qualification Files: Application for Exemption; Knight-Swift Transportation Holdings, Inc., 70225-70228 [2020-24472]
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Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / Notices
they are not able to or comfortable
bicycling, driving their own car if they
do not own one, using vehicles from a
carsharing company if they have not
and do not plan to sign up for such a
service, or taking the bus if they simply
refuse to do so under any circumstance).
Further, machine learning could enable
the application to present options the
user is more likely to see as attractive
under specific trip circumstances (e.g.,
focusing on transit for commute trips
while TNC options for late-night trips).
The application might add a proactive
feature to enable and encourage users to
indicate within the app their desired
travel destination(s), departure time,
and mode. Such a feature may be
especially important to learn more about
users whose trip patterns are quite
varied, thereby making it difficult for
the study team to predict what trips
might be repeated and thus what
specific messages should be
communicated and for what trips WTA
incentives should be offered. Here,
participants planning to travel at a time
or in a manner that would mean they
will be substantially contributing to
congestion would be randomly assigned
to one of a few different groups within
the study. The ‘‘no treatment’’ group
within the proactive feature might just
receive an in-app response note saying:
‘‘Thanks for letting us know. Have a
good trip.’’ The study interest in this
group is to ascertain whether the trip is
taken as planned. The proactive feature
would not include an ‘‘information tile’’
group, as it would not be expected that
someone with a specific travel intention
would make a change after a somewhat
generic positive statement is
communicated about an alternative
without the needed practical details
about using the alternative for the
specific trip also being presented. There
would be an ‘‘action tile’’ treatment
group that would be presented with a
range of travel departure and mode
choice alternatives that would have
reduced congestion impacts to what the
user indicated was his or her travel
plan, along with costs and estimated
travel times associated with the
different alternatives. Perhaps, too,
users would be provided within the app
the ability to book such a trip, such as
with a transportation network company
(TNC) or through the organization of a
real-time carpool. The action tiles
presented to this group may be tailored
to individuals based upon their
previous survey responses and/or
reported/observed travel behaviors. A
third group would also be presented the
information about trip alternatives
contained in the action tiles, and then
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would be assigned to the WTA survey
and treatment, as described above.
Learnings about the effects of the
various treatments on individual travel
decisions would expand the knowledge
and tools available to policy makers to
further engage travelers by providing
information and offering incentives that
are shown to yield more system-efficient
travel choices. This will enable an
assessment of the expected impacts of
city or metropolitan level policy
scenarios to encourage the use of apps
that offer real-time travel information
about a range of alternatives, and
provide incentives such as through
public-private partnerships (PPPs) that
encourage travel choices that reduce
congestion.
Respondents: As noted above, up to
7,500 total field-test participants
nationwide would be recruited from up
to 15 cities.
Frequency: One time collecton.
Estimated Average Burden per
Response: Approximately 20 minutes
prior to field testing, 1 hour and 30
minutes during field testing and 15
minutes as the participant exits fieldtesting. Approximately 2 hours and 5
minutes per participant in total is
anticipated over the 2-year study.
Estimated Total Annual Burden
Hours: Approximately 15,625 hours in
total is estimated. Significantly, many
travel options presented to participants
will save them time over alternatives
(especially if trip times are shifted to
avoid congestion), and thus many
participants are expected to experience
net time savings. All participation is
voluntary, and some participants will be
offered compensation.
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 FHWA’s performance;
(2) the accuracy of the estimated
burdens; (3) ways for the FHWA 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 collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1.48.
Issued On: October 30, 2020.
Michael Howell,
Information Collection Officer.
[FR Doc. 2020–24437 Filed 11–3–20; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0287]
Driver Qualification Files: Application
for Exemption; Knight-Swift
Transportation Holdings, Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
granting of application of exemption.
AGENCY:
FMCSA announces its
decision to grant, with conditions,
Knight-Swift Transportation Holdings,
Inc.’s (Knight-Swift) application for an
exemption from the requirement that
motor carriers rely on the motor vehicle
record (MVR) of their drivers holding a
commercial driver’s license (CDL) as
proof of the driver’s medical
qualifications when the driver
undergoes a new medical exam during
the initial period of employment as a
condition of employment. Knight-Swift
would rely on the medical long form for
newly hired drivers and then rely on the
MVR when the subsequent annual
review of the driving record is
performed. FMCSA analyzed the
exemption application and public
comments and determined that the
applicant would achieve a level of
safety that is equivalent to, or greater
than, the level that would be achieved
absent such exemption.
DATES: The exemption is effective
December 4, 2020. The exemption
expires November 4, 2025.
ADDRESSES:
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 Federal Docket
Management System (FDMS) is
available 24 hours each day, 365 days
each year.
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: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
SUMMARY:
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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
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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–2018–0347 in
the ‘‘Keyword’’ box and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document 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. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Docket Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from the Federal Motor Carrier Safety
Regulations. FMCSA shall establish
terms and conditions for each
exemption to ensure that it will likely
achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption. 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. The Agency must also
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 Agency’s decision must be
published in the Federal Register (49
CFR 381.315(b)) with the reason for the
granting or denial, and, if granted, the
specific person or class of persons
receiving the exemption and the
regulatory provision or provisions from
which the exemption is granted. The
notice must specify the effective period
of the exemption (up to 5 years) and
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explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
Knight-Swift has adopted a company
policy of requiring all newly hired
drivers to undergo a complete medical
examination. Knight-Swift explains that
it believes this policy combats medical
fraud and ensures that the driver is
medically qualified at the time of hiring.
This medical examination upon hiring
is not required by the FMCSRs (unless
the driver’s current medical certificate
has expired) but it triggers the
requirement of 49 CFR 391.51(b)(7(ii)
that Knight-Swift obtain the results of
that examination from the SDLA in the
form of an updated MVR. Knight-Swift
objects to the cost and inconvenience of
obtaining the MVR a second time when
it recently obtained the MVR pursuant
to hiring as required by 49 CFR
391.23(a)(1). It asserts that it is pointless
to obtain ‘‘information that in most
cases we have already verified within
the previous few days.’’ Knight-Swift
seeks an exemption from the
requirement to obtain a new MVR when
the medical examination triggering the
requirement was of a newly hired
Knight-Swift driver.
Knight-Swift provided data to support
their exemption application and this
data is included in the docket for this
application. The provided data included
a sample pool of 5,722 newly hired
Knight-Swift drivers with valid 2-year
medical cards. After undergoing KnightSwift’s hiring process, 19% of the
sample pool drivers were downgraded
to a 1-year certification and 2.1% were
disqualified. Knight-Swift did not
indicate whether it knew if these drivers
(those holding a CDL) provided the new
certification to the SDLAs issuing their
licenses.
IV. Method To Ensure an Equivalent
Level of Safety
To ensure an equivalent level of
safety, Knight-Swift proposes to include
in the driver qualification file the newly
hired driver’s medical examination
report in lieu of obtaining a second
MVR.
V. Public Comments
On December 23, 2019, FMCSA
published notice of Knight-Swift’s
application and requested comments (84
FR 68287). Three comments were
received from individuals and all
opposed granting the exemption.
Michael Millard, made the following
statement: ‘‘To extend the exemption to
such a large base of drivers would
basically nullify the need for any carrier
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to pull Commercial Driver’s Licensing
Information System (CDLIS) with the
medical status on the driver’s CDLIS
report potentially resulting in multiple
carriers following suit.’’ Art Meyer made
the following opposing argument ‘‘I
would highly recommend that this
exemption not go through as I am a fleet
manager and it never ceases to amaze
me that the driver has not certified his
medical card with the State and is thus
driving on a downgraded D.L. We all
should have to follow the rules no
matter how big or how small a company
we are and to file to [sic] not have to
follow the rules tells me why we see so
many Swift wrecks on the highways and
social media that we do.’’ Lastly, Jean
Publiee argued that Knight-Swift should
not be granted an exemption and
emphasized that full documentation of
a driver should be required.
VI. FMCSA Decision
The FMCSA believes Knight-Swift’s
exemption application has merit and
with necessary terms and conditions,
will allow the applicant to achieve a
level of safety equivalent to what is
required under the current safety
regulations, provided Knight-Swift
complies with the imposed terms and
conditions. Under current regulations,
CMV drivers required to have a
commercial driver’s license (CDL) or a
commercial learner’s permit (CLP) are
required to provide the SDLA with the
original or a copy of the medical
examiner’s certificate (MEC) (49 CFR
383.71(h)(1) and (3)). This includes an
initial MEC and ‘‘each subsequently
issued medical examiner’s certificate’’.
SDLAs are required to post this
information to the driver’s CDLIS driver
record within 10 calendar days (49 CFR
383.73(o)(1)). If the driver does not
provide an MEC to the SDLA, either at
the time of a licensing transaction, when
the MEC provided expires or is voided,
or after obtaining a subsequently issued
MEC, then the SDLA must within 10
calendar days change the driver’s status
in the CDLIS driver record to ‘‘not
certified’’ (49 CFR 383.73(o)(2)). If this
status change occurs, the driver is no
longer physically qualified to operate a
CMV that requires a CDL or CLP (49
CFR 391.41(a)(2)). The SDLA must
notify the CDL or CLP holder of the
status as ‘‘not certified’’ and begin the
process of downgrading the license, to
be completed within 60 days (49 CFR
383.73(o)(4)).
In addition, within 30 days after
employing a CMV driver, motor carriers
are required to obtain the motor vehicle
record from the current licensing SDLA
and place a copy in the driver’s driver
qualification file (49 CFR 391.23(a)(1)
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and (b)). For drivers required to have a
CDL or CLP to operate a CMV, the
CDLIS motor vehicle record must be
obtained and must show that the driver
was properly certified as physically
qualified (49 CFR 391.23(m)(2) and (3)).
The driver’s updated MVR showing that
he or she was properly certified as
physically qualified by submitting the
MEC to the SDLA, must be retained in
the driver qualification file. This is the
requirement for which Knight-Swift is
requesting an exemption. A CDL driver
who is ‘‘without medical certification
status information on the CDLIS motor
vehicle record is designated ‘notcertified’ to operate a CMV in interstate
commerce’’ (49 CFR 391.51(b)(7(ii)).
From the MVR, the carrier can verify
both that the driver is currently
physically qualified and that the driver
has a valid CDL that is in effect.
The carrier reviews the MVR as
required under the current regulations
and the record provides proof that the
prospective employee has both a valid
CDL and medical certification. The
proof of the medical certification comes
from the medical certificate issued by a
healthcare provider on the National
Registry, as long as it has been provided
to the SDLA and is entered on the
CDLIS driver record.
Knight-Swift has implemented a
process through which each newly
hired driver must undergo a medical
examination by one of its healthcare
professionals listed on the National
Registry. For all drivers receiving a new
medical certificate, the information
would be provided to the SDLA for the
driver’s State of domicile so that the
certificate would then serve as the most
up-to-date information captured on the
MVR. And because the initial MVR
obtained for the newly hired driver no
longer reflects the most recent medical
examination, the carrier needs an
exemption. To provide an equivalent
level of safety under the requested
exemption, Knight-Swift will be
required to obtain from the driver proof
that the subsequently issued medical
examiner’s certificate issued as a result
of the new examination required by
Knight-Swift has been provided to the
SDLA. Instead of the MVR, Knight-Swift
can obtain other proof for inclusion in
the driver qualification file, such as a
receipt from the SDLA, a certification
from the driver that the subsequently
issued certificate has been provided to
the SDLA, or any other reliable proof
that such action has occurred.
The FMCSA believes that under these
unique circumstances, allowing KnightSwift to rely on its records of medical
certificates for the first year of
employment for newly hired drivers
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would not compromise safety or
enforcement of the medical certification
requirements for CDL holders. First, the
carrier has reviewed the MVR to ensure
that each newly hired driver has a valid
CDL and the carrier is aware of
convictions for traffic offenses that have
been posted to the MVR, if the
prospective employees have exhibited
safety performance problems. Second,
Knight-Swift’s review of the MVR
indicates the newly hired CDL holders
were medically certified prior to seeking
employment at the company, and the
company is aware of the expiration date
of that medical certification. The
subsequent medical examination
provides an extra level of safety
assurance for the company by having its
own medical examiner verify that each
newly hired driver meets FMCSA’s
physical qualifications standards.
Compliance with the condition for
obtaining proof that the subsequently
issued medical certificate was provided
to the SDLA will also ensure that the
driver’s CDL remains valid. In the event
a driver does not pass the companymandated physical examination, the
driver is not allowed to operate CMVs
for Knight-Swift until the medical
issue(s) are resolved.
In regards to enforcement of the
medical certification requirements by
Federal or State personnel, they would
continue to review the driving record
electronically to identify the most up-todate medical certificate. After the
medical certificate prepared by the
Knight-Swift medical examiner has been
provided to the SDLA, Federal and State
personnel would then be able to obtain
the information as the most recent
assessment of the driver’s medical
qualification status and the validity of
the CDL or CLP.
The Agency believes Knight-Swift’s
policy of requiring newly hired drivers
to undergo a medical exam, although
the drivers have a valid medical exam
reflected on their MVR at the time of
hire, is likely to achieve an equivalent
or greater than level of safety than
would be achieved absent such
exemption.
VII. Terms and Conditions
FMCSA grants Knight-Swift an
exemption from the medical
certification requirements in 49 CFR
391.51(b)(7)(ii) to permit the company
to use newly hired drivers without
having to obtain a MVR that reflects the
latest medical certification status during
the first year of employment. KnightSwift is subject to the following terms
and conditions:
(1) Knight-Swift must maintain the
initial MVR reviewed prior to hiring the
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driver showing the driver was medically
certified by a healthcare professional on
the Agency’s National Registry of
Certified Medical Examiners;
(2) The medical examiner’s report the
company will rely upon for the first year
of employment must be prepared by a
healthcare professional on the Agency’s
National Registry of Certified Medical
Examiners and be available for
inspection by Federal or State
enforcement personnel during an
investigation or compliance review;
(3) Knight-Swift must obtain reliable
proof that the new medical examiner’s
certificate was provided by the driver to
the SDLA and include such proof in the
driver qualification file.
VIII. Preemption of State Laws and
Regulations
During the period this exemption is in
effect, no State shall enforce any law or
regulation that conflicts with or is
inconsistent with this exemption with
respect to a firm or person operating
under the exemption (49 U.S.C.
31315(d)).
IX. Notification to FMCSA
Knight-Swift must provide a quarterly
report to FMCSA concerning newly
hired drivers who are downgraded from
a 2-year medical certificate to a shorter
duration certificate, or medically
disqualified upon completion of the
company-mandated medical
examination. The report must provide:
• Driver’s full name;
• CDL number and State of issuance;
• Medical examiner’s name and
FMCSA-issued National Registry
identification number for the
examination recorded on the MVR prior
to the Knight-Swift medical exam.
• Examination date and expiration
date for the medical exam noted on the
MVR;
• Knight-Swift medical examiner’s
name and FMCSA-issued National
Registry identification number.
• Knight-Swift examination date and
expiration date for the medical exam.
The report must be transmitted
electronically in a manner to protect
drivers’ Personally Identifiable
Information (PII).
Termination
FMCSA does not believe this
exemption would result in Knight-Swift
or any of its newly hired drivers
experiencing a decrease in safety
performance. Interested parties
possessing information that would
otherwise show that the exemption has
resulted in a lower level of safety than
what would be observed absent the
exemptions should immediately notify
FMCSA.
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The Agency will evaluate any
information submitted and, if safety is
being compromised or if the
continuation of this exemption is
inconsistent with 49 U.S.C. 31315(b)(4),
FMCSA will immediately take steps to
revoke the exemption.
James W. Deck,
Deputy Administrator.
[FR Doc. 2020–24472 Filed 11–3–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2020–0148]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
CURRENT SEA (Motor Vessel);
Invitation for Public Comments
Maritime Administration, DOT.
ACTION: Notice.
AGENCY:
The Secretary of
Transportation, as represented by the
Maritime Administration (MARAD), is
authorized to grant waivers of the U.S.build requirements of the coastwise
trade laws to allow the carriage of no
more than twelve passengers for hire on
vessels, which are three years old or
more. A request for such a waiver has
been received by MARAD. The vessel,
and a brief description of the proposed
service, is listed below.
DATES: Submit comments on or before
December 4, 2020.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2020–0148 by any one of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Search
MARAD–2020–0148 and follow the
instructions for submitting comments.
• Mail or Hand Delivery: Docket
Management Facility is in the West
Building, Ground Floor of the U.S.
Department of Transportation. The
Docket Management Facility location
address is: U.S. Department of
Transportation, MARAD–2020–0148,
1200 New Jersey Avenue SE, West
Building, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except on
Federal holidays.
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SUMMARY:
Note: If you mail or hand-deliver your
comments, we recommend that you include
your name and a mailing address, an email
address, or a telephone number in the body
of your document so that we can contact you
if we have questions regarding your
submission.
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Instructions: All submissions received
must include the agency name and
specific docket number. All comments
received will be posted without change
to the docket at www.regulations.gov,
including any personal information
provided. For detailed instructions on
submitting comments, see the section
entitled Public Participation.
FOR FURTHER INFORMATION CONTACT:
Russell Haynes, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Room W23–461,
Washington, DC 20590. Telephone 202–
366–3157, Email Russell.Haynes@
dot.gov.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel CURRENT SEA is:
—Intended Commercial Use of Vessel:
‘‘Carrying up to 12 passengers for day
trips, weekend charters, and full week
charters’’
—Geographic Region Including Base of
Operations: ‘‘FLORIDA RHODE
ISLAND MASSACHUSETTS MAINE’’
(Base of Operations: Naples, FL)
—Vessel Length and Type: 49′ motor
vessel
The complete application is available
for review identified in the DOT docket
as MARAD–2020–0148 at https://
www.regulations.gov. Interested parties
may comment on the effect this action
may have on U.S. vessel builders or
businesses in the U.S. that use U.S.-flag
vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the vessel name, state the
commenter’s interest in the waiver
application, and address the waiver
criteria given in section 388.4 of
MARAD’s regulations at 46 CFR part
388.
Public Participation
How do I submit comments?
Please submit your comments,
including the attachments, following the
instructions provided under the above
heading entitled ADDRESSES. Be advised
that it may take a few hours or even
days for your comment to be reflected
on the docket. In addition, your
comments must be written in English.
We encourage you to provide concise
comments and you may attach
additional documents as necessary.
There is no limit on the length of the
attachments.
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Where do I go to read public comments,
and find supporting information?
Go to the docket online at https://
www.regulations.gov., keyword search
MARAD–2020–0148 or visit the Docket
Management Facility (see ADDRESSES for
hours of operation). We recommend that
you periodically check the Docket for
new submissions and supporting
material.
Will my comments be made available to
the public?
Yes. Be aware that your entire
comment, including your personal
identifying information, will be made
publicly available.
May I submit comments confidentially?
If you wish to submit comments
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Department
of Transportation, Maritime
Administration, Office of Legislation
and Regulations, MAR–225, W24–220,
1200 New Jersey Avenue SE,
Washington, DC 20590. Include a cover
letter setting forth with specificity the
basis for any such claim and, if possible,
a summary of your submission that can
be made available to the public.
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, to www.regulations.gov, as
described in the system of records
notice, DOT/ALL–14 FDMS, accessible
through www.dot.gov/privacy. To
facilitate comment tracking and
response, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. Whether
or not commenters identify themselves,
all timely comments will be fully
considered. If you wish to provide
comments containing proprietary or
confidential information, please contact
the agency for alternate submission
instructions.
(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,
46 U.S.C. 12121)
*
*
*
*
*
Dated: October 30, 2020.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2020–24406 Filed 11–3–20; 8:45 am]
BILLING CODE 4910–81–P
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Agencies
[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70225-70228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24472]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0287]
Driver Qualification Files: Application for Exemption; Knight-
Swift Transportation Holdings, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; granting of application of
exemption.
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SUMMARY: FMCSA announces its decision to grant, with conditions,
Knight-Swift Transportation Holdings, Inc.'s (Knight-Swift) application
for an exemption from the requirement that motor carriers rely on the
motor vehicle record (MVR) of their drivers holding a commercial
driver's license (CDL) as proof of the driver's medical qualifications
when the driver undergoes a new medical exam during the initial period
of employment as a condition of employment. Knight-Swift would rely on
the medical long form for newly hired drivers and then rely on the MVR
when the subsequent annual review of the driving record is performed.
FMCSA analyzed the exemption application and public comments and
determined that the applicant would achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.
DATES: The exemption is effective December 4, 2020. The exemption
expires November 4, 2025.
ADDRESSES:
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 Federal Docket Management System
(FDMS) is available 24 hours each day, 365 days each year.
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: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
[[Page 70226]]
Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325.
Email: [email protected]. If you have questions on viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
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-2018-0347 in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document 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. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Docket Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
shall establish terms and conditions for each exemption to ensure that
it will likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.
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. The Agency must
also 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 Agency's
decision must be published in the Federal Register (49 CFR 381.315(b))
with the reason for the granting or denial, and, if granted, the
specific person or class of persons receiving the exemption and the
regulatory provision or provisions from which the exemption is granted.
The notice must specify the effective period of the exemption (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Request for Exemption
Knight-Swift has adopted a company policy of requiring all newly
hired drivers to undergo a complete medical examination. Knight-Swift
explains that it believes this policy combats medical fraud and ensures
that the driver is medically qualified at the time of hiring. This
medical examination upon hiring is not required by the FMCSRs (unless
the driver's current medical certificate has expired) but it triggers
the requirement of 49 CFR 391.51(b)(7(ii) that Knight-Swift obtain the
results of that examination from the SDLA in the form of an updated
MVR. Knight-Swift objects to the cost and inconvenience of obtaining
the MVR a second time when it recently obtained the MVR pursuant to
hiring as required by 49 CFR 391.23(a)(1). It asserts that it is
pointless to obtain ``information that in most cases we have already
verified within the previous few days.'' Knight-Swift seeks an
exemption from the requirement to obtain a new MVR when the medical
examination triggering the requirement was of a newly hired Knight-
Swift driver.
Knight-Swift provided data to support their exemption application
and this data is included in the docket for this application. The
provided data included a sample pool of 5,722 newly hired Knight-Swift
drivers with valid 2-year medical cards. After undergoing Knight-
Swift's hiring process, 19% of the sample pool drivers were downgraded
to a 1-year certification and 2.1% were disqualified. Knight-Swift did
not indicate whether it knew if these drivers (those holding a CDL)
provided the new certification to the SDLAs issuing their licenses.
IV. Method To Ensure an Equivalent Level of Safety
To ensure an equivalent level of safety, Knight-Swift proposes to
include in the driver qualification file the newly hired driver's
medical examination report in lieu of obtaining a second MVR.
V. Public Comments
On December 23, 2019, FMCSA published notice of Knight-Swift's
application and requested comments (84 FR 68287). Three comments were
received from individuals and all opposed granting the exemption.
Michael Millard, made the following statement: ``To extend the
exemption to such a large base of drivers would basically nullify the
need for any carrier to pull Commercial Driver's Licensing Information
System (CDLIS) with the medical status on the driver's CDLIS report
potentially resulting in multiple carriers following suit.'' Art Meyer
made the following opposing argument ``I would highly recommend that
this exemption not go through as I am a fleet manager and it never
ceases to amaze me that the driver has not certified his medical card
with the State and is thus driving on a downgraded D.L. We all should
have to follow the rules no matter how big or how small a company we
are and to file to [sic] not have to follow the rules tells me why we
see so many Swift wrecks on the highways and social media that we do.''
Lastly, Jean Publiee argued that Knight-Swift should not be granted an
exemption and emphasized that full documentation of a driver should be
required.
VI. FMCSA Decision
The FMCSA believes Knight-Swift's exemption application has merit
and with necessary terms and conditions, will allow the applicant to
achieve a level of safety equivalent to what is required under the
current safety regulations, provided Knight-Swift complies with the
imposed terms and conditions. Under current regulations, CMV drivers
required to have a commercial driver's license (CDL) or a commercial
learner's permit (CLP) are required to provide the SDLA with the
original or a copy of the medical examiner's certificate (MEC) (49 CFR
383.71(h)(1) and (3)). This includes an initial MEC and ``each
subsequently issued medical examiner's certificate''. SDLAs are
required to post this information to the driver's CDLIS driver record
within 10 calendar days (49 CFR 383.73(o)(1)). If the driver does not
provide an MEC to the SDLA, either at the time of a licensing
transaction, when the MEC provided expires or is voided, or after
obtaining a subsequently issued MEC, then the SDLA must within 10
calendar days change the driver's status in the CDLIS driver record to
``not certified'' (49 CFR 383.73(o)(2)). If this status change occurs,
the driver is no longer physically qualified to operate a CMV that
requires a CDL or CLP (49 CFR 391.41(a)(2)). The SDLA must notify the
CDL or CLP holder of the status as ``not certified'' and begin the
process of downgrading the license, to be completed within 60 days (49
CFR 383.73(o)(4)).
In addition, within 30 days after employing a CMV driver, motor
carriers are required to obtain the motor vehicle record from the
current licensing SDLA and place a copy in the driver's driver
qualification file (49 CFR 391.23(a)(1)
[[Page 70227]]
and (b)). For drivers required to have a CDL or CLP to operate a CMV,
the CDLIS motor vehicle record must be obtained and must show that the
driver was properly certified as physically qualified (49 CFR
391.23(m)(2) and (3)). The driver's updated MVR showing that he or she
was properly certified as physically qualified by submitting the MEC to
the SDLA, must be retained in the driver qualification file. This is
the requirement for which Knight-Swift is requesting an exemption. A
CDL driver who is ``without medical certification status information on
the CDLIS motor vehicle record is designated `not-certified' to operate
a CMV in interstate commerce'' (49 CFR 391.51(b)(7(ii)). From the MVR,
the carrier can verify both that the driver is currently physically
qualified and that the driver has a valid CDL that is in effect.
The carrier reviews the MVR as required under the current
regulations and the record provides proof that the prospective employee
has both a valid CDL and medical certification. The proof of the
medical certification comes from the medical certificate issued by a
healthcare provider on the National Registry, as long as it has been
provided to the SDLA and is entered on the CDLIS driver record.
Knight-Swift has implemented a process through which each newly
hired driver must undergo a medical examination by one of its
healthcare professionals listed on the National Registry. For all
drivers receiving a new medical certificate, the information would be
provided to the SDLA for the driver's State of domicile so that the
certificate would then serve as the most up-to-date information
captured on the MVR. And because the initial MVR obtained for the newly
hired driver no longer reflects the most recent medical examination,
the carrier needs an exemption. To provide an equivalent level of
safety under the requested exemption, Knight-Swift will be required to
obtain from the driver proof that the subsequently issued medical
examiner's certificate issued as a result of the new examination
required by Knight-Swift has been provided to the SDLA. Instead of the
MVR, Knight-Swift can obtain other proof for inclusion in the driver
qualification file, such as a receipt from the SDLA, a certification
from the driver that the subsequently issued certificate has been
provided to the SDLA, or any other reliable proof that such action has
occurred.
The FMCSA believes that under these unique circumstances, allowing
Knight-Swift to rely on its records of medical certificates for the
first year of employment for newly hired drivers would not compromise
safety or enforcement of the medical certification requirements for CDL
holders. First, the carrier has reviewed the MVR to ensure that each
newly hired driver has a valid CDL and the carrier is aware of
convictions for traffic offenses that have been posted to the MVR, if
the prospective employees have exhibited safety performance problems.
Second, Knight-Swift's review of the MVR indicates the newly hired CDL
holders were medically certified prior to seeking employment at the
company, and the company is aware of the expiration date of that
medical certification. The subsequent medical examination provides an
extra level of safety assurance for the company by having its own
medical examiner verify that each newly hired driver meets FMCSA's
physical qualifications standards. Compliance with the condition for
obtaining proof that the subsequently issued medical certificate was
provided to the SDLA will also ensure that the driver's CDL remains
valid. In the event a driver does not pass the company-mandated
physical examination, the driver is not allowed to operate CMVs for
Knight-Swift until the medical issue(s) are resolved.
In regards to enforcement of the medical certification requirements
by Federal or State personnel, they would continue to review the
driving record electronically to identify the most up-to-date medical
certificate. After the medical certificate prepared by the Knight-Swift
medical examiner has been provided to the SDLA, Federal and State
personnel would then be able to obtain the information as the most
recent assessment of the driver's medical qualification status and the
validity of the CDL or CLP.
The Agency believes Knight-Swift's policy of requiring newly hired
drivers to undergo a medical exam, although the drivers have a valid
medical exam reflected on their MVR at the time of hire, is likely to
achieve an equivalent or greater than level of safety than would be
achieved absent such exemption.
VII. Terms and Conditions
FMCSA grants Knight-Swift an exemption from the medical
certification requirements in 49 CFR 391.51(b)(7)(ii) to permit the
company to use newly hired drivers without having to obtain a MVR that
reflects the latest medical certification status during the first year
of employment. Knight-Swift is subject to the following terms and
conditions:
(1) Knight-Swift must maintain the initial MVR reviewed prior to
hiring the driver showing the driver was medically certified by a
healthcare professional on the Agency's National Registry of Certified
Medical Examiners;
(2) The medical examiner's report the company will rely upon for
the first year of employment must be prepared by a healthcare
professional on the Agency's National Registry of Certified Medical
Examiners and be available for inspection by Federal or State
enforcement personnel during an investigation or compliance review;
(3) Knight-Swift must obtain reliable proof that the new medical
examiner's certificate was provided by the driver to the SDLA and
include such proof in the driver qualification file.
VIII. Preemption of State Laws and Regulations
During the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a firm or person operating under
the exemption (49 U.S.C. 31315(d)).
IX. Notification to FMCSA
Knight-Swift must provide a quarterly report to FMCSA concerning
newly hired drivers who are downgraded from a 2-year medical
certificate to a shorter duration certificate, or medically
disqualified upon completion of the company-mandated medical
examination. The report must provide:
Driver's full name;
CDL number and State of issuance;
Medical examiner's name and FMCSA-issued National Registry
identification number for the examination recorded on the MVR prior to
the Knight-Swift medical exam.
Examination date and expiration date for the medical exam
noted on the MVR;
Knight-Swift medical examiner's name and FMCSA-issued
National Registry identification number.
Knight-Swift examination date and expiration date for the
medical exam.
The report must be transmitted electronically in a manner to
protect drivers' Personally Identifiable Information (PII).
Termination
FMCSA does not believe this exemption would result in Knight-Swift
or any of its newly hired drivers experiencing a decrease in safety
performance. Interested parties possessing information that would
otherwise show that the exemption has resulted in a lower level of
safety than what would be observed absent the exemptions should
immediately notify FMCSA.
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The Agency will evaluate any information submitted and, if safety
is being compromised or if the continuation of this exemption is
inconsistent with 49 U.S.C. 31315(b)(4), FMCSA will immediately take
steps to revoke the exemption.
James W. Deck,
Deputy Administrator.
[FR Doc. 2020-24472 Filed 11-3-20; 8:45 am]
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