Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices 13069 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

116 15 U.S.C. 78s(b)(2). 

117 17 CFR 200.30–3(a)(12). 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,116 that the 

proposed rule change (File No. SR– 

OCC–2015–02) be, and it hereby is, 

approved as of the date of this notice or 

the date of an order by the Commission 

authorizing OCC to implement OCC’s 

advance notice proposal that is 

consistent with this proposed rule 

change (File No. SR–OCC–2014–813), 

whichever is later. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.117

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2015–05556 Filed 3–11–15; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Driver Qualifications; Regulatory 

Guidance Concerning the Use of 

Computerized Employer Notification 

Systems for the Annual Inquiry and 

Review of Driving Records 

AGENCY: Federal Motor Carrier Safety 

Administration. 

ACTION: Notice of regulatory guidance. 

SUMMARY: FMCSA provides regulatory 

guidance concerning the use of Stateoperated employer notification systems 

(ENS) for the annual inquiry and review 

of driving records required by 49 CFR 

391.25. The guidance explains the use 

of State-operated ENS that provide 

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. Many State 

driver licensing agencies (SDLAs) 

provide ENS that either automatically 

update requestors (push-system) on 

license status, crashes and convictions 

of laws or regulations governing the 

operation of motor vehicles or allow the 

requestor to regularly query the record 

(pull-system) for this information. The 

use of these systems to check the 

driving record, at least annually, 

satisfies the requirement for an annual 

review of each driver’s record. This 

includes when a third-party is used to 

accumulate the records for a motor 

carrier. This revises the Agency 

guidance issued in 2003 that referenced 

to a specific third-party vendor. 

DATES: This guidance is effective March 

12, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas L. Yager, Chief, Driver and 

Carrier Operations Division, Office of 

Bus and Truck Standards and 

Operations, 1200 New Jersey Ave. SE., 

Washington, DC 20590, Telephone 202– 

366–4325, Email: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

The Secretary of Transportation has 

statutory authority to set minimum 

standards for commercial motor vehicle 

safety. These minimum standards must 

ensure that: (1) CMVs are maintained, 

equipped, loaded, and operated safely; 

(2) the responsibilities imposed on 

operators of CMVs do not impair their 

ability to operate the vehicles safely; (3) 

the physical condition of CMV operators 

is adequate to enable them to operate 

the vehicles safely; (4) the operation of 

CMVs does not have a deleterious effect 

on the physical condition of the 

operators; and (5) an operator of a 

commercial motor vehicle is not coerced 

by a motor carrier, shipper, receiver, or 

transportation intermediary to operate a 

commercial motor vehicle in violation 

of a regulation (49 U.S.C. 31136(a)(1)– 

(5), as amended). The Secretary also has 

broad power in carrying out motor 

carrier safety statutes and regulations to 

‘‘prescribe recordkeeping and reporting 

requirements’’ and to ‘‘perform other 

acts the Secretary considers 

appropriate’’ (49 U.S.C. 31133(a)(8) and 

(10)). 

The Administrator of FMCSA has 

been delegated authority under 49 CFR 

1.87(f) to carry out the functions vested 

in the Secretary of Transportation by 49 

U.S.C. chapter 311, subchapters I, III 

and IV, relating to commercial motor 

vehicle programs and safety regulation. 

Background 

On January 13, 2003, FMCSA issued 

a letter to a company providing 

regulatory guidance concerning the use 

of computerized employer notification 

systems for the annual inquiry and 

review of driving records required by 49 

CFR 391.25. The guidance explained 

that the use of a specific third-party 

computerized ENS 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 CDL, or permit when a driver 

is enrolled in the system, and provides 

an update anytime the State licensing 

agency enters new information about 

license status, crashes and convictions 

of laws or regulations governing the 

operation of motor vehicles satisfies the 

requirement for an annual review of 

each driver’s record. However, the 

guidance referenced a specific vendor 

providing such services to the motor 

carrier industry. 

The regulatory guidance issued to the 

specific company was subsequently 

posted to FMCSA’s Web site as question 

#4 to 49 CFR 391.25 (See http://

www.fmcsa.dot.gov/regulations/title49/

section/391.25?guidance). The 2003 

guidance reads as follows: 

Question 4: Does the use of a thirdparty computerized system that 

provides motor carriers with a complete 

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 then 

automatically provides an update 

anytime the State licensing agency 

enters new information on the driving 

record, satisfy the requirements of 

§ 391.25? 

Guidance: Yes. Since motor carriers 

would be provided with a complete 

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 then 

provided with an update any time the 

State licensing agency enters new 

information on the driving record, the 

requirements of § 391.25(a) would be 

satisfied. When the motor carrier 

manager reviews the information on the 

driving record, and the License Monitor 

system records the identity of the 

manager who conducted the review, the 

requirements of § 391.25(b) and (c) 

would be satisfied. 

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 

record keeping requirement by using 

computerized records in accordance 

with 49 CFR 390.31. Section [390.31] 

allows all records that do not require 

signatures to be maintained through the 

use of computer technology provided 

the motor carrier can produce, upon 

demand, a computer printout of the 

required data. Therefore, motor carriers 

using an automated 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 a computer 

printout can be produced upon demand 

of a Federal or State enforcement 

official. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
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. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES