81 FR 50593 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 147 (August 1, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 147 (August 1, 2016)
| Page Range | 50593-50594 | |
| FR Document | 2016-18137 |
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)] [Notices] [Pages 50593-50594] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18137] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2013-0121; FMCSA-2013-0123; FMCSA-2013-0124; FMCSA- 2013-0125; FMCSA-2014-0102; FMCSA-2014-0104] Qualification of Drivers; Exemption Applications; Hearing 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 for 20 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: This decision was effective March 4, 2016. Comments must be received on or before August 31, 2016. 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: I. 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: 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. II. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for up to 2 years 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. The physical qualification standard for drivers regarding hearing found in 49 CFR 391.41(b)(11) states that a person is physically qualified to driver a CMV if that person: First perceives a forced whispered voice in the better ear 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. 49 CFR 391.41(b)(11) was adopted in 1970, with a revision 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 20 individuals listed in this notice have requested renewal of their exemptions from the hearing standard in 49 CFR 391.41(b)(11), in accordance with FMCSA procedures. 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 [[Page 50594]] 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. FMCSA encourages you to participate by submitting comments and related materials. IV. 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. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 20 applicants has satisfied the entry conditions for obtaining an exemption from the hearing requirement (80 FR 18924; 80 FR 18926; 80 FR 22766; 80 FR 22768; 80 FR 60747). The Commercial Driver's License Information System (CDLIS) and Motor Carrier Management Informatiom System (MCMIS) are searched for crash and violation data. For non-CDL holders, the Agency reviews the driving records from the State Driver's Licensing Agency (SDLA). These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. V. Exemption Decision The 20 drivers in this notice remain in good standing with the Agency and have not exhibited any medical issues that would compromise their ability to safely operate a CMV during the previous 2-year exemption period. FMCSA has concluded that renewing the exemptions for each of these applicants is likely to achieve a level of safety equal to that existing without the exemption. Therefore, FMCSA has decided to renew each exemption for a two-year period. They are: Joshua Arango (FL), Michael Beebe (NJ), Andrew Deuschle (TX), David Garland (ME), Daniel Grossinger (MD), Roman Landa (CA), Claire Mitcham (TX), Quinton Murphy (WI), Michael Paasch (NE), Jeffrey Pagenkopf (MN), Kelly Pulvermacher (WI), Alfredo Ramirez (TX), Fernando Ramirez-Savon (NM), Julie Ramirez (TX), Ralph Reno (PA), Adalberto Rodriguez (NY), Andrey Shevchenko (MN), William Symonds (IL), Hayden Teesdale (TX), Joshua Weaver (GA). VI. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must report any crashes or accidents as defined in 49 CFR 390.5; and (2) report all citations and convictions for disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA. In addition, the driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement officials. The driver is prohibited from operating a motorcoach or bus with passengers in interstate commerce. The exemption does not exempt the individual from meeting the applicable CDL testing requirements. Each exemption will be valid for two 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. VII. Conclusion Based upon its evaluation of the 20 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in 49 CFR 391.41(b)(11). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. Issued on: July 22, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-18137 Filed 7-29-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices 50593
conducted. The Agency must also its test sites and conduct more CDL tests SUPPLEMENTARY INFORMATION:
provide an opportunity for public each day. It states that denial of its
I. Electronic Access
comment on the request. application for exemption will result in
The Agency reviews the safety a less-rigorous CDL test and negatively You may see all the comments online
analyses and the public comments, and affect motor carriers and drivers. A copy through the Federal Document
determines whether granting the of Minnesota’s application for Management System (FDMS) at: http://
exemption would likely achieve a level exemption is in the docket listed at the www.regulations.gov.
of safety equivalent to, or greater than, beginning of this notice. Docket: For access to the docket to
the level that would be achieved by the read background documents or
current regulation (49 CFR 381.305). Request for Comments comments, go to http://
The decision of the Agency must be In accordance with 49 U.S.C. www.regulations.gov and/or Room
published in the Federal Register (49 31315(b)(4) and 31136(e), FMCSA W12–140 on the ground level of the
CFR 381.315(b)) with the reason for the requests public comment on West Building, 1200 New Jersey Avenue
grant or denial, and, if granted, the Minnesota’s application for exemption. SE., Washington, DC, between 9 a.m.
specific person or class of persons The Agency will consider all comments and 5 p.m., e.t., Monday through Friday,
receiving the exemption, and the received by close of business on August except Federal holidays.
regulatory provision or provisions from 31, 2016. Privacy Act: In accordance with 5
which exemption is granted. The notice Comments will be available for U.S.C. 553(c), DOT solicits comments
must also specify the effective period of examination in the docket at the from the public to better inform its
the exemption (up to 5 years), and location listed under the ADDRESSES rulemaking process. DOT posts these
explain the terms and conditions of the section of this notice. comments, without edit, including any
exemption. The exemption may be Issued on: July 22, 2016.
personal information the commenter
renewed (49 CFR 381.300(b)). provides, to www.regulations.gov, as
Larry W. Minor,
described in the system of records
Background Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can
The Commercial Motor Vehicle Safety [FR Doc. 2016–18131 Filed 7–29–16; 8:45 am] be reviewed at www.dot.gov/privacy.
Act of 1986 (CMVSA) was designed to BILLING CODE 4910–EX–P
improve highway safety by ensuring II. Background
that truck and bus drivers are qualified Under 49 U.S.C. 31136(e) and 31315,
to drive a commercial motor vehicle DEPARTMENT OF TRANSPORTATION FMCSA may grant an exemption for up
(CMV). It provided for removal of the to 2 years if it finds ‘‘such exemption
driving privileges of unsafe or Federal Motor Carrier Safety would likely achieve a level of safety
unqualified drivers. States issue Administration that is equivalent to or greater than the
commercial driver’s licenses (CDLs) to [Docket No. FMCSA–2013–0121; FMCSA– level that would be achieved absent
CMV operators, but the CMVSA 2013–0123; FMCSA–2013–0124; FMCSA– such exemption.’’ The statute also
directed the Federal government to 2013–0125; FMCSA–2014–0102; FMCSA– allows the Agency to renew exemptions
establish minimum requirements for the 2014–0104] at the end of the 2-year period. The
issuance of a CDL. physical qualification standard for
Subpart H of 49 CFR part 383 contains Qualification of Drivers; Exemption drivers regarding hearing found in 49
the principal requirements governing Applications; Hearing CFR 391.41(b)(11) states that a person is
State testing of applicants for a CDL. AGENCY: Federal Motor Carrier Safety physically qualified to driver a CMV if
Testing must be conducted in such a Administration (FMCSA), DOT. that person:
way as to determine if the applicant First perceives a forced whispered voice in
ACTION: Notice of renewal of
possesses the required knowledge and the better ear at not less than 5 feet with or
skills (§ 383.133(a)). exemptions; request for comments.
without the use of a hearing aid or, if tested
Request for Exemption SUMMARY: FMCSA announces its by use of an audiometric device, does not
decision to renew the exemptions for 20 have an average hearing loss in the better ear
Minnesota seeks a partial exemption greater than 40 decibels at 500 Hz, 1,000 Hz,
individuals from the hearing
from § 383.133, ‘‘Test Methods.’’ and 2,000 Hz with or without a hearing aid
requirement in the Federal Motor
Pursuant to that section, the CDL skills when the audiometric device is calibrated to
Carrier Safety Regulations (FMCSRs) for American National Standard (formerly ASA
test must be conducted in three parts in
interstate commercial motor vehicle Standard) Z24.5—1951.
the following order: pre-trip inspection,
(CMV) drivers. The exemptions enable
vehicle control skills, and on-road 49 CFR 391.41(b)(11) was adopted in
these individuals to operate CMVs in
driving (§ 383.133(c)(6)). Minnesota asks 1970, with a revision in 1971 to allow
interstate commerce.
that it be allowed to combine the second drivers to be qualified under this
and third parts (vehicle control skills DATES: This decision was effective
standard while wearing a hearing aid,
and on-road driving) and thus reduce March 4, 2016. Comments must be 35 FR 6458, 6463 (April 22, 1970) and
the skills test to two parts. It also asks received on or before August 31, 2016. 36 FR 12857 (July 3, 1971).
to be exempted from using the FOR FURTHER INFORMATION CONTACT: The 20 individuals listed in this
American Association of Motor Vehicle Christine A. Hydock, Chief, Medical notice have requested renewal of their
Administrators (AAMVA) 2005 Test Programs Division, Medical Programs exemptions from the hearing standard
Division, 202–366–4001,
sradovich on DSK3GMQ082PROD with NOTICES
Model Score Sheet. Finally, it asks to be in 49 CFR 391.41(b)(11), in accordance
exempted from the requirement that fmcsamedical@dot.gov, FMCSA, with FMCSA procedures.
applicants must pass the pre-trip Department of Transportation, 1200
inspection portion of the exam before New Jersey Avenue SE., Room W64– III. Request for Comments
proceeding to the balance of the test. 224, Washington, DC 20590–0001. Interested parties or organizations
Minnesota states that under its Office hours are from 8:30 a.m. to 5 p.m. possessing information that would
proposed approach, it can more Monday through Friday, except Federal otherwise show that any, or all, of these
efficiently manage the limited space of holidays. drivers are not currently achieving the
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![50594 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices
statutory level of safety should driver must report any crashes or ADDRESSES: You may submit comments
immediately notify FMCSA. The accidents as defined in 49 CFR 390.5; bearing the Federal Docket Management
Agency will evaluate any adverse and (2) report all citations and System (FDMS) Docket No. FMCSA–
evidence submitted and, if safety is convictions for disqualifying offenses 2016–0002 using any of the following
being compromised or if continuation of under 49 CFR part 383 and 49 CFR 391 methods:
the exemption would not be consistent to FMCSA. In addition, the driver must • Federal eRulemaking Portal: Go to
with the goals and objectives of 49 also have a copy of the exemption when http://www.regulations.gov. Follow the
U.S.C. 31136(e) and 31315, FMCSA will driving, for presentation to a duly on-line instructions for submitting
take immediate steps to revoke the authorized Federal, State, or local comments.
exemption of a driver. FMCSA enforcement officials. The driver is • Mail: Docket Management Facility;
encourages you to participate by prohibited from operating a motorcoach U.S. Department of Transportation, 1200
submitting comments and related or bus with passengers in interstate New Jersey Avenue SE., West Building
materials. commerce. The exemption does not Ground Floor, Room W12–140,
exempt the individual from meeting the Washington, DC 20590–0001.
IV. Basis for Renewing Exemptions
applicable CDL testing requirements. • Hand Delivery: West Building
Under 49 U.S.C. 31315(b)(1), an Each exemption will be valid for two Ground Floor, Room W12–140, 1200
exemption may be granted for no longer years unless rescinded earlier by New Jersey Avenue SE., Washington,
than two years from its approval date FMCSA. The exemption will be DC, between 9 a.m. and 5 p.m., Monday
and may be renewed upon application. rescinded if: (1) The person fails to through Friday, except Federal
In accordance with 49 U.S.C. 31136(e) comply with the terms and conditions Holidays.
and 31315, each of the 20 applicants has of the exemption; (2) the exemption has • Fax: 1–202–493–2251.
satisfied the entry conditions for resulted in a lower level of safety than Instructions: Each submission must
obtaining an exemption from the was maintained before it was granted; or include the Agency name and the
hearing requirement (80 FR 18924; 80 (3) continuation of the exemption would docket numbers for this notice. Note
FR 18926; 80 FR 22766; 80 FR 22768; not be consistent with the goals and that all comments received will be
80 FR 60747). The Commercial Driver’s objectives of 49 U.S.C. 31136(e) and posted without change to http://
License Information System (CDLIS) 31315. www.regulations.gov, including any
and Motor Carrier Management personal information provided. Please
Informatiom System (MCMIS) are VII. Conclusion
see the Privacy Act heading below for
searched for crash and violation data. Based upon its evaluation of the 20
further information.
For non-CDL holders, the Agency exemption applications, FMCSA renews
Docket: For access to the docket to
reviews the driving records from the the exemptions of the aforementioned
read background documents or
State Driver’s Licensing Agency (SDLA). drivers from the hearing requirement in
comments, go to http://
These factors provide an adequate basis 49 CFR 391.41(b)(11). In accordance
www.regulations.gov at any time or
for predicting each driver’s ability to with 49 U.S.C. 31136(e) and 31315, each
Room W12–140 on the ground level of
continue to drive safely in interstate exemption will be valid for 2 years
the West Building, 1200 New Jersey
commerce. unless revoked earlier by FMCSA.
Avenue SE., Washington, DC, between 9
V. Exemption Decision Issued on: July 22, 2016. a.m. and 5 p.m., Monday through
Larry W. Minor, Friday, except Federal holidays. The
The 20 drivers in this notice remain
in good standing with the Agency and Associate Administrator for Policy. Federal Docket Management System
have not exhibited any medical issues [FR Doc. 2016–18137 Filed 7–29–16; 8:45 am] (FDMS) is available 24 hours each day,
that would compromise their ability to BILLING CODE 4910–EX–P 365 days each year. If you want
safely operate a CMV during the acknowledgment that we received your
previous 2-year exemption period. comments, please include a self-
FMCSA has concluded that renewing DEPARTMENT OF TRANSPORTATION addressed, stamped envelope or
the exemptions for each of these postcard or print the acknowledgement
Federal Motor Carrier Safety page that appears after submitting
applicants is likely to achieve a level of
Administration comments on-line.
safety equal to that existing without the
exemption. Therefore, FMCSA has [Docket No. FMCSA- 2016–0002] Privacy Act: In accordance with 5
decided to renew each exemption for a U.S.C. 553(c), DOT solicits comments
two-year period. They are: Qualification of Drivers; Application for from the public to better inform its
Joshua Arango (FL), Michael Beebe (NJ), Exemptions; Hearing rulemaking process. DOT posts these
Andrew Deuschle (TX), David AGENCY: Federal Motor Carrier Safety comments, without edit, including any
Garland (ME), Daniel Grossinger Administration (FMCSA), Department personal information the commenter
(MD), Roman Landa (CA), Claire of Transportation. provides, to www.regulations.gov, as
Mitcham (TX), Quinton Murphy (WI), described in the system of records
ACTION: Notice of applications for
Michael Paasch (NE), Jeffrey notice (DOT/ALL–14 FDMS), which can
exemptions; request for comments.
Pagenkopf (MN), Kelly Pulvermacher be reviewed at www.dot.gov/privacy.
(WI), Alfredo Ramirez (TX), Fernando SUMMARY: FMCSA announces receipt of FOR FURTHER INFORMATION CONTACT:
Ramirez-Savon (NM), Julie Ramirez applications from 33 individuals for an Christine A. Hydock, Chief, Medical
(TX), Ralph Reno (PA), Adalberto exemption from the hearing requirement Programs Division, (202) 366–4001,
sradovich on DSK3GMQ082PROD with NOTICES
Rodriguez (NY), Andrey Shevchenko to operate commercial motor vehicles fmcsamedical@dot.gov, FMCSA,
(MN), William Symonds (IL), Hayden (CMVs) in interstate commerce. If Department of Transportation, 1200
Teesdale (TX), Joshua Weaver (GA). granted, the exemptions would enable New Jersey Avenue SE., Room W64–
these individuals to operate CMVs in 113, Washington, DC 20590–0001.
VI. Conditions and Requirements interstate commerce. Office hours are 8:30 a.m. to 5 p.m., e.t.,
The exemptions are extended subject DATES: Comments must be received on Monday through Friday, except Federal
to the following conditions: (1) Each or before August 31, 2016. holidays.
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Document Created: 2016-07-30 06:25:32
Document Modified: 2016-07-30 06:25:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | This decision was effective March 4, 2016. Comments must be received on or before August 31, 2016. | |
| 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. | |
| FR Citation | 81 FR 50593 |
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