30-day FR for 2126-0016

30-Day FR for 2126-0016.pdf

Licensing Applications for Motor Carrier Operating Authority

30-day FR for 2126-0016

OMB: 2126-0016

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Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices

at not less than 5 feet with or without
the use of a hearing aid or, if tested by
use of an audiometric device, does not
have an average hearing loss in the
better ear greater than 40 decibels at 500
Hz, 1,000 Hz, and 2,000 Hz with or
without a hearing aid when the
audiometric device is calibrated to
American National Standard (formerly
ASA Standard) Z24.5—1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid, 35 FR
6458, 6463 (April 22, 1970) and 36 FR
12857 (July 3, 1971).
The four individuals listed in this
notice have requested renewal of their
exemptions from the hearing standard
in § 391.41(b)(11), in accordance with
FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable 2-year period.

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III. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
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(b), FMCSA
will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each of the four
applicants has satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement. The four
drivers in this notice remain in good
standing with the Agency. In addition,
for Commercial Driver’s License (CDL)
holders, the Commercial Driver’s
License Information System and the
Motor Carrier Management Information
System are searched for crash and
violation data. For non-CDL holders, the
Agency reviews the driving records
from the State Driver’s Licensing
Agency. These factors provide an
adequate basis for predicting each
driver’s ability to continue to safely
operate a CMV in interstate commerce.
Therefore, FMCSA concludes that
extending the exemption for each of
these drivers for a period of 2 years is
likely to achieve a level of safety equal
to that existing without the exemption.
As of November 15, 2019, and in
accordance with 49 U.S.C. 31136(e) and

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31315(b), the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers:
Daniel T. Harnish (UT)
Tami S. Richardson-Nelson (NE)
Anthony J. Saive (OH)
Jennifer L. Valentine (TX)
The drivers were included in docket
number FMCSA–2014–0383 or FMCSA–
2014–0387 or FMCSA–2015–0325.
Jennifer Valentine was previously
published under the name Jennifer
Campbell. Their exemptions are
applicable as of November 15, 2019, and
will expire on November 15, 2021.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must report any crashes or
accidents as defined in § 390.5; and (2)
report all citations and convictions for
disqualifying offenses under 49 CFR 383
and 49 CFR 391 to FMCSA; and (3) each
driver prohibited from operating a
motorcoach or bus with passengers in
interstate commerce. The driver must
also have a copy of the exemption when
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official. In addition, the
exemption does not exempt the
individual from meeting the applicable
CDL testing requirements. Each
exemption will be valid for 2 years
unless rescinded earlier by FMCSA. 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(b).
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based upon its evaluation of the four
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the hearing requirement in
§ 391.41(b)(11). In accordance with 49
U.S.C. 31136(e) and 31315(b), each
exemption will be valid for two years
unless revoked earlier by FMCSA.

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Issued on: November 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–26184 Filed 12–3–19; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0201]

Agency Information Collection
Activities; Renewal of a CurrentlyApproved Information Collection
Request: Licensing Applications for
Motor Carrier Operating Authority
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment. The information collected
will be used to help ensure that motor
carriers of passengers and property
maintain appropriate levels of financial
responsibility to continue their
operating authority.
DATES: We must receive your comments
on or before January 3, 2020.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2019–0201. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503. In
the 60-day Federal Register notice (84
FR 48000) published on September 11,
2019 FMCSA received 0 comments.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeff Secrist, Office of Registration and
Safety Information, Chief, Registration,
Licensing and Insurance Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
SUMMARY:

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Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices
West Building 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC
20590. Telephone: 202–385–2367;
email: [email protected]. Office hours
are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:

Title: Licensing Applications for
Motor Carrier Operating Authority.
OMB Control Number: 2126–0016.
Type of Request: Renewal of a
currently approved collection.
Respondents: Carrier compliance
officer or equivalent from motor
carriers, motor passenger carriers,
freight forwarders, brokers, and certain
Mexico-domiciled motor carriers subject
to FMCSA’s licensing, registration and
certification regulations.
Estimated Number of Respondents:
73,538.
Estimated Time per Response: 2 hours
for forms OP–1, OP–1(P), and OP–1(FF);
4 hours for forms OP–1(MX) and OP–
1(NNA).
Expiration Date: January 31, 2020.
Frequency of Response: Other (as
needed).
Estimated Total Annual Burden:
147,124 hours.

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Background
FMCSA registers for-hire motor
carriers of regulated commodities and of
passengers, under 49 U.S.C. 13902(a);
surface freight forwarders, under 49
U.S.C. 13903; property brokers, under
49 U.S.C. 13904; and certain Mexicodomiciled motor carriers, under 49
U.S.C. 13902(c). These motor carriers
may conduct transportation services in
the United States only if they are
registered with FMCSA. Each
registration is effective from the date
specified and remains in effect for such
period as the Secretary of
Transportation (Secretary) determines
by regulations.
Prior to 2015, all entities seeking
authority (both first-time applicants and
registered entities seeking additional
authorities) were required to apply for
such authority using the OP–1 series of
forms, including OP–1, OP–1(P), OP–
1(FF), OP–1(NNA), and OP–1(MX) (for
Mexico-domiciled carriers only).
The Final Rule titled ‘‘Unified
Registration System,’’ (78 FR 52608)
dated August 23, 2013, implemented
statutory provisions for an online
registration system for entities that are
subject to FMCSA’s licensing,
registration, and certification
regulations. The Unified Registration
System (URS) streamlines the
registration process and serves as a
clearinghouse and repository of

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information on motor carriers, brokers,
freight forwarders, intermodal
equipment providers, hazardous
materials safety permit applicants, and
cargo tank facilities required to register
with FMCSA. When developing URS,
FMCSA planned that the OP–1 series of
forms—except for OP–1(MX)—would
ultimately be folded into one
overarching form (MCSA–1), which
would be used by all motor carriers
seeking authority.
FMCSA began a phased rollout of
URS in 2015. The first phase, which
went into effect on December 12, 2015,
impacts only first-time applicants
seeking an FMCSA-issued registration.
FMCSA had planned subsequent rollout
phases for existing registrants; however,
there have been substantial delays, and
subsequent phases have not been rolled
out to date.
On January 17, 2017, FMCSA issued
a Final Rule titled ‘‘Unified Registration
System; Suspension of Effectiveness,’’
which indefinitely suspended URS
effectiveness dates for existing
registrants only (82 FR 5292). Pursuant
to this Final Rule, FMCSA is still
accepting forms OP–1, OP–1(P), OP–
1(FF), and OP–1(NNA) for existing
registrants wishing to apply for
additional authorities. Separately,
FMCSA requires Form OP–1(MX) for
Mexico-domiciled carriers that wish to
operate beyond the U.S. municipalities
on the U.S.-Mexico border and their
commercial zones.
Forms in the OP–1 series request
information to identify the applicant,
the nature and scope of its proposed
operations, a narrative description of the
applicant’s safety policies and
procedures, and information regarding
the drivers and vehicles it plans to use
in U.S. operations. The OP–1 series also
requests information on the applicant’s
familiarity with relevant safety
requirements, the applicant’s
willingness to comply with those
requirements during its operations, and
the applicant’s willingness to meet any
specific statutory and regulatory
requirements applicable to its proposed
operations. Information collected
through these forms aids FMCSA in
determining the type of operation a
company may run, the cargo it may
carry, and the resulting level of
insurance coverage the applicant will be
required to obtain and maintain to
continue its operating authority.

hours, with 73,538 total annual
respondents. The program change
increase of 122,271 estimated annual
burden hours and 36,298 respondents is
due to a change in assumptions and
circumstances.
In the previously approved ICR,
FMCSA calculated the burden estimate
for forms OP–1, OP–1(P), OP–1(FF), and
OP–1(NNA) for only 1 year, because the
Agency expected that all motor carriers
would begin using Form MCSA–1 via
URS beginning in 2017. However, as
discussed above, FMCSA has
experienced delays in rolling out Phase
II of URS (which applies to existing
registrants) and has indefinitely
suspended the effective date of URS
requirements for such entities. Until
further notice, existing registrants must
still use the OP–1 series of forms to
apply for additional authorities. FMCSA
is assuming that this will be the case for
the 3-year period covered by this ICR.
This has resulted in an increase in the
number of annual responses and burden
hours.
As described above, only first-time
applicants seeking an FMCSA-issued
registration must apply via URS. Under
URS, all forms in the OP–1 series,
except OP–1(MX), are folded into Form
MCSA–1. Information collection
activities associated with MCSA–1 are
covered under a different ICR, titled
‘‘FMCSA Registration/Updates,’’ OMB
Control Number 2126–0051.
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 FMCSA to perform it’s
functions; (2) the accuracy of the
estimated burden; (3) ways for the
FMCSA 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.
Issued under the authority delegated in 49
CFR 1.87 on: November 27, 2019.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2019–26193 Filed 12–3–19; 8:45 am]
BILLING CODE 4910–EX–P

Changes From Previous Estimates
The previously approved version of
this ICR estimated the average annual
burden to be 24,853 hours, with 37,240
total annual respondents. The current
ICR estimates 147,124 annual burden

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