13070 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices 

Because the guidance made reference 

to one vendor, License Monitor, it was 

not considered helpful by some in the 

industry for motor carriers using 

systems other than the one operated by 

License Monitor. The American 

Trucking Associations raised the issue 

with FMCSA and the Agency agrees that 

the guidance should be revised to 

provide generic guidance rather than 

vendor-specific guidance. In addition, 

since 2003, several SDLAs have 

implemented ENS systems that provide 

the driver record information to 

employers. 

FMCSA’s Decision 

In consideration of the above, FMCSA 

has determined that the current 

regulatory guidance should be revised to 

make clear that any State-operated ENS 

may be used to satisfy the requirements 

of 49 CFR 391.25, even if the 

information is accumulated by a third 

party. The FMCSA revises Question 4 to 

49 CFR 391.25 to read as follows: 

Qualification of Drivers, Annual 

Inquiry and Review of Driving Record; 

Regulatory Guidance for 49 CFR 391.25 

Question 4: Does the use of an 

employer notification system that 

provides motor carriers with a 

department of motor vehicle report for 

every State in which the driver held 

either an operator’s license, a 

commercial driver’s license (CDL), or 

permit when a driver is enrolled in the 

system and provides information about 

license status, crashes and convictions 

of laws or regulations governing the 

operation of motor vehicles on the 

driving record satisfy the requirement 

for an annual review of each driver’s 

record? 

Guidance: Yes. Since motor carriers 

would be provided with a department of 

motor vehicle report for every State in 

which the driver held a commercial 

motor vehicle operator’s license or 

permit when a driver is enrolled in the 

system and the State licensing agency 

includes information about crashes and 

convictions of laws or regulations 

governing the operation of motor 

vehicles on the driving record, the 

requirements of § 391.25(a) would be 

satisfied. Generally, the requirements of 

§ 391.25(b) and (c) would be satisfied if 

the employer notification system 

records the identity of the motor 

carrier’s representative who conducted 

the review when the carrier’s 

representative reviews the information 

on the driving record. 

The use of an employer notification 

system would meet the requirements if 

either the motor carrier automatically 

receives updates from the State (pushsystem) or can regularly access the 

system to check for updates (pullsystem), as long as the check occurs at 

least once per year. In addition, receipt 

of these reports meets the requirement 

for the annual check even if it is 

provided to the motor carrier by a thirdparty. 

With regard to the requirement that 

the response from each State agency, 

and a note identifying the person who 

performed the review, may be 

maintained in the driver’s qualification 

files, motor carriers may satisfy the 

recordkeeping requirement by using 

computerized records in accordance 

with FMCSA’s Regulatory Guidance 

Concerning Electronic Documents and 

Signatures, 75 FR 411, January 4, 2011. 

Therefore, motor carriers using an 

automated employer notification 

computer system would not be required 

to maintain paper copies of the driving 

records, or a note identifying the person 

who performed the review, in each 

individual driver qualification file 

provided documentation consistent 

with FMCSA’s January 4, 2011, 

guidance can be produced upon 

demand of a Federal or State 

enforcement official. 

Issued on: March 2, 2015. 

T.F. Scott Darling, III, 

Acting Administrator. 

[FR Doc. 2015–05645 Filed 3–11–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (formerly Subpart Q) 

during the Week Ending January 10, 

2015 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 302.201 et. 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: DOT–OST–2015– 

0003. 

Date Filed: January 8, 2015. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: January 29, 2015. 

Description: Application of Air 

Caledonie International S.A. (Aircalin), 

requesting a foreign air carrier permit 

and exemption authorizing it to provide 

scheduled and charter foreign air 

transportation of persons, property and 

mail from any point or points behind 

New Caledonia, via any point or points 

in New Caledonia and any intermediate 

points, to any point or points in the 

United States. 

Barbara J. Hairston, 

Supervisory Dockets Officer, Docket 

Operations, Federal Register Liaison. 

[FR Doc. 2015–05629 Filed 3–11–15; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

2000–7006; FMCSA–2000–8398; FMCSA– 

2005–20027] 

Qualification of Drivers; Exemption 

Applications; Vision 

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 vision requirement in the Federal 

Motor Carrier Safety Regulations for 4 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision 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 effective April 5, 

2015. Comments must be received on or 

before April 13, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: Docket No. 

[Docket No. FMCSA–1998–4334; 

FMCSA–2000–7006; FMCSA–2000– 

8398; FMCSA–2005–20027], using any 

of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 


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