[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12556-12558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05241]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2012-0332; FMCSA-2013-0121; FMCSA-
2013-0122; FMCSA-2013-0123; FMCSA-2013-0124; FMCSA-2013-0125]


Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the 
hearing requirement in the Federal Motor Carrier Safety Regulations for 
36 individuals. FMCSA has statutory authority to exempt individuals 
from the hearing requirement if the exemptions granted will not 
compromise safety. The Agency has concluded that granting these 
exemption renewals will provide a level of safety that is equivalent to 
or greater than the level of safety maintained without the exemptions 
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is valid January 4, 2016. Comments must be 
received on or before April 8, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2012-0154; FMCSA-
2012-0332; FMCSA-2013-0121; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-
2013-0124; FMCSA-2013-0125, using any of the following methods:

[[Page 12557]]

     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a comment. Please see the Privacy Act 
heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, Medical Programs Division, 202-366-4001, 
[email protected], FMCSA, Department of Transportation, 1200 New 
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office 
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the hearing requirement in 49 CFR 391.41(b)(11), which applies to 
drivers of CMVs in interstate commerce, for a two-year period if it 
finds ``such exemption would likely achieve a level of safety that is 
equivalent to or greater than the level that would be achieved absent 
such exemption.'' The procedures for requesting an exemption (including 
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 36 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these applications for renewal on their merits and decided to 
extend each exemption for a renewable two-year period. They are:

Andrew Alcozer (IL)
Shayne Bumbalough (WA)
Geoffrey M. Canoyer (MN)
Barry Carpenter (SD)
Kwinton Carpenter (OH)
Chase Cook (VA)
Nelson Deleon (FL)
Keith Drown (ID)
Norman Estes (AL)
Jerry Ferguson (TX)
James Gooch (MO)
Sue Gregory (UT)
David Hoffman (SD)
Harold Johnson (PA)
Valerie Johnson (CA)
William Larson (NC)
Donald Lynch (SC)
Bryan Macfarlane (VT)
Aminder Malhi (CA)
Darren Nordquist (WI)
Ray Norris (TX)
Leslie O'Rorke (IL)
Gilbert Partida (TX)
Jacob Paullin (WI)
Johnny Pierson (AL)
Ryan Pope (CA)
James Queen (FL)
Gerson Ramirez (TX)
Zachary Rietz (TX)
Robert Rotondi (KY)
Ronald Rutter (CA)
James Schubin (CA)
Samuel Sherman (MN)
Russell Smith (OH)
Morris Townsend (NC)
James Weir (WA)

    The exemption will be rescinded if: (1) The person fails to comply 
with the terms and conditions of the exemption; (2) the exemption has 
resulted in a lower level of safety than was maintained before it was 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. In accordance with 49 
U.S.C. 31136(e) and 31315, each of the 36 applicants has satisfied the 
entry conditions for obtaining an exemption from the hearing 
requirement (78 FR 7479; 80 FR 22766; 80 FR 22772; 80 FR 18924; 80 FR 
18926). Each of these 36 applicants has requested renewal of the 
exemption and CDLIS and MCMIS were searched for crash and violation 
data on the 36 applicants. For non-CDL holders, the Agency reviewed the 
driving records from the State licensing agency. These factors provide 
an adequate basis for predicting each driver's ability to continue to 
drive safely in interstate commerce. Therefore, FMCSA concludes that 
extending the exemption for each renewal applicant for a period of two 
years is likely to achieve a level of safety equal to that existing 
without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by April 8, 2016.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially 
granting the renewal and then requesting and evaluating, if needed, 
subsequent comments submitted by interested parties. As indicated 
above, the Agency previously published notices of final disposition 
announcing its decision to exempt these 36 individuals from the hearing 
requirement in 49 CFR 391.41(b)(11). The final decision to grant an 
exemption to each of these individuals was made on the merits of each 
case and made only after careful consideration of the comments received 
to its notices of applications. That information is available by 
consulting the above cited Federal Register publications.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the

[[Page 12558]]

statutory level of safety should immediately notify FMCSA. The Agency 
will evaluate any adverse evidence submitted and, if safety is being 
compromised or if continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA 
will take immediate steps to revoke the exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2012-0154; FMCSA-2012-
0332; FMCSA-2013-0121; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-2013-
0124; FMCSA-2013-0125 and click the search button. When the new screen 
appears, click on the blue ``Comment Now!'' button on the right hand 
side of the page. On the new page, enter information required including 
the specific section of this document to which each comment applies, 
and provide a reason for each suggestion or recommendation. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
notice, or to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2012-0154; FMCSA-2012-0332; FMCSA-2013-0121; FMCSA-2013-0122; 
FMCSA-2013-0123; FMCSA-2013-0124; FMCSA-2013-0125 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to this document.

    Issued on: February 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05241 Filed 3-8-16; 8:45 am]
BILLING CODE 4910-EX-P