70916 Federal Register / Vol. 79, No. 229 / Friday, November 28, 2014 / Notices 

of the Federal funds from FHWA and 

NHTSA, within the State’s 

organizational structure, add to or 

reduce the burdens of consolidated plan 

development or reporting? 

5. Are there SHSP requirements with 

higher costs than benefits? If so, what 

are those requirements and are there 

ways to improve them or should they be 

eliminated? 

6. Are there changes FHWA should 

make to the SHSP guidance to promote 

coordination among State agencies 

responsible for highway safety? 

Dated: November 6, 2014. 

Gregory G. Nadeau, 

Acting Administrator, Federal Highway 

Administration. 

David J. Friedman, 

Deputy Administrator, National Highway 

Traffic Safety Administration. 

[FR Doc. 2014–27271 Filed 11–26–14; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0406] 

Commercial Driver’s License 

Standards: Application for Exemption; 

C.R. England, Inc. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that C.R. 

England, Inc. (C.R. England) has applied 

for an exemption from the Federal 

minimum training conditions in 49 CFR 

383.25(a)(1) that require a commercial 

learner’s permit (CLP) holder to always 

be accompanied by a commercial 

driver’s license (CDL) holder with the 

proper CDL class and endorsements 

seated in the front seat of the vehicle 

while the CLP holder performs behindthe-wheel training on public roads or 

highways. C.R. England requests an 

exemption to allow CLP holders who 

have passed the CDL skills test but not 

yet received the CDL document to drive 

a commercial motor vehicle without 

being accompanied by a CDL holder, 

provided the driver has documentation 

of passing the skills test. C.R. England 

believes that the exemption, if granted, 

would allow such a driver to operate 

more freely and in a way that benefits 

the driver, the carrier, and the economy 

as a whole. 

DATES: Comments must be received on 

or before December 29, 2014. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2014–0406 by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• 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., 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments and additional 

information on the exemption process, 

see the Public Participation heading 

below. Note that all comments received 

will be posted without change to 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov at any time and in 

the box labeled ‘‘SEARCH for’’ enter 

FMCSA–2014–0406 and click on the tab 

labeled ‘‘SEARCH.’’ 

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. 

Public Participation: The Federal 

eRulemaking Portal is available 24 

hours each day, 365 days each year. You 

can get electronic submission and 

retrieval help and guidelines under the 

‘‘help’’ section of the Federal 

eRulemaking Portal Web site. If you 

want us to notify you that we received 

your comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments online. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; Telephone: 202–366–4325. 

Email: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from the Federal Motor Carrier Safety 

Regulations. 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 decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reason for the 

grant or denial, and, if granted, the 

specific person or class of persons 

receiving the exemption, and the 

regulatory provision or provisions from 

which exemption is granted. The notice 

must also specify the effective period of 

the exemption (up to 2 years), and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

Request for Exemption 

C.R. England is a carrier that 

transports temperature–sensitive freight. 

It provides CDL training for its drivers 

in partnership with Premier Truck 

Driving Schools in five locations (Burns 

Harbor, IN; Dallas, TX; Fontana, CA; 

Richmond, IN; and Salt Lake City, UT). 

C.R. England seeks an exemption from 

49 CFR 383.25(a)(1) that would allow 

CLP holders who have successfully 

passed a CDL skills test and are thus 

eligible to receive a CDL to drive a truck 

without a CDL holder being present. 

This would allow a CLP holder to 

participate in a revenue-producing trip 

back to his or her State of domicile to 

obtain the CDL document, as the CDL 

can only be issued by the State of 

domicile in accordance with Part 383. 

C.R. England advises that FMCSA is 

aware of the trucking industry’s need for 

qualified and well-trained drivers to 

meet increasing shipping demands. C.R. 

England believes that 49 CFR 

383.25(a)(1) limits its ability to 

effectively and efficiently recruit, train, 

and employ new entrants to the 

industry. Prior to the implementation of 

section 385.25(a)(1), States routinely 

issued temporary CDLs to drivers who 

passed the CDL skills test. The 

temporary CDL allowed C.R. England 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 229 / Friday, November 28, 2014 / Notices 70917 

1Commercial Driver License Information System 

(CDLIS) is an information system that allows the 

exchange of commercial driver licensing 

information among all the States. CDLIS includes 

the databases of fifty-one licensing jurisdictions and 

the CDLIS Central Site, all connected by a 

telecommunications network. 

time to route the new driver to his or 

her State of domicile to obtain a CDL 

and place the new driver into an on-thejob training position with a drivertrainer. The driver-trainer supervised 

and observed the new driver, but was 

not required to be on-duty and in the 

front seat at all times. Thus, the new 

driver became productive immediately, 

allowing more freight movement for 

C.R. England and compensation for the 

new driver. 

C.R. England contends that 

compliance with the CDL rule prevents 

it from implementing more efficient and 

effective operations. The rule places 

C.R. England in an untenable position of 

either sending the CLP holder home 

without having hired him or her 

(because the person does not yet have a 

CDL) with no assurance that the driver 

will remain with C.R. England after 

obtaining the CDL; or, hiring the CLP 

holder and sending him or her home in 

an unproductive non-driving capacity. 

Granting the exemption would allow the 

CLP holder to drive as part of a team on 

that trip, resulting in reduced costs and 

increased productivity. 

C.R. England asserts that the 

exemption would be consistent with 

FMCSA’s comments in the preamble to 

the rule that state that ‘‘FMCSA does not 

believe that it is safe to permit 

inexperienced drivers who have not 

passed the CDL skills test to drive 

unaccompanied.’’ (76 FR 26861) The 

exemption sought would apply only to 

those C.R. England drivers who have 

passed the CDL skills test and hold a 

CLP. C.R. England believes that the 

exemption would result in a level of 

safety that is equivalent to or greater 

than the level of safety provided under 

the rule. The only difference between a 

CLP holder who has passed the CDL 

skills test and a CDL holder is that the 

latter has waited in line at the DMV and 

has received the hard copy CDL. 

A copy of C.R. England’s application 

for exemption is available for review in 

the docket for this notice. 

Request for Comments 

In accordance with 49 U.S.C. 

31315(b)(4) and 31136(e), FMCSA 

requests public comment on C.R. 

England’s application for an exemption 

from the CDL requirements of 49 CFR 

part 383. The Agency will consider all 

comments received by close of business 

on December 29, 2014. Comments will 

be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will consider to the extent 

practicable comments received in the 

public docket after the closing date of 

the comment period. 

Issued on: November 17, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–28072 Filed 11–26–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–25854; FMCSA– 

2011–0389; FMCSA–2012–0294; FMCSA– 

2013–0109] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to grant requests from five 

individuals for exemptions from the 

regulatory requirement that interstate 

commercial motor vehicle (CMV) 

drivers have ‘‘no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause loss of consciousness or any 

loss of ability to control a CMV.’’ The 

regulation and the associated advisory 

criteria published in the Code of Federal 

Regulations as the ‘‘Instructions for 

Performing and Recording Physical 

Examinations’’ have resulted in 

numerous drivers being prohibited from 

operating CMVs in interstate commerce 

based on the fact that they have had one 

or more seizures and are taking antiseizure medication, rather than an 

individual analysis of their 

circumstances by a qualified medical 

examiner. The Agency concluded that 

granting exemptions for these CMV 

drivers will provide a level of safety that 

is equivalent to or greater than the level 

of safety maintained without the 

exemptions. FMCSA grants exemptions 

that will allow these five individuals to 

operate CMVs in interstate commerce 

for a 2-year period. The exemptions 

preempt State laws and regulations and 

may be renewed. 

DATES: The exemptions are effective 

November 28, 2014. The exemptions 

expire on November 28, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Division Chief, Physical 

Qualifications, Office of Medical 

Programs, (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 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

A. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/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., e.t., Monday through Friday, 

except Federal holidays. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s dockets by 

the name of the individual submitting 

the comment (or of the person signing 

the comment, if submitted on behalf of 

an association, business, labor union, or 

other entity). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register (73 FR 3316, January 

17, 2008). This statement is also 

available at http://Docketinfo.dot.gov. 

B. Background 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the safety regulations 

for a 2-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 statute 

also allows the Agency to renew 

exemptions at the end of the 2-year 

period. 

FMCSA grants five individuals an 

exemption from the regulatory 

requirement in § 391.41(b)(8), to allow 

these individuals who take anti-seizure 

medication to operate CMVs in 

interstate commerce for a 2-year period. 

The Agency’s decision on these 

exemption applications is based on an 

individualized assessment of each 

applicant’s medical information, 

including the root cause of the 

respective seizure(s), the length of time 

elapsed since the individual’s last 

seizure, and each individual’s treatment 

regimen. In addition, the Agency 

reviewed each applicant’s driving 

record found in the Commercial Driver’s 

License Information System (CDLIS) 1


tkelley on DSK3SPTVN1PROD with NOTICES