83 FR 28330 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 117 (June 18, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 117 (June 18, 2018)
| Page Range | 28330-28332 | |
| FR Document | 2018-13014 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28330-28332] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13014] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2012-0322; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA- 2015-0329; FMCSA-2013-0124] 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 exemptions for 19 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before July 18, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2012-0322; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-2015-0329; and FMCSA-13-0124 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. 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: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. [[Page 28331]] Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time 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. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. 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 http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 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., E.T., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five 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 five-year period. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification. 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 19 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. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. II. 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, FMCSA will take immediate steps to revoke the exemption of a driver. III. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315, each of the 19 applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The 19 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 (CDLIS) and the Motor Carrier Management Information 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 safely operate a CMV in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each of these drivers for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. As of April 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 2 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Donald Lynch (SC); and Zachery Rietz (TX). The drivers were included in docket number FMCSA-2012-0322. Their exemptions are applicable as of April 23, 2018, and will expire on April 23, 2020. As of April 21, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSs for interstate CMV drivers: Andrew Alcozer (IL) Michael Beebe (NJ) Shayne Bumbalough (WA) Barry Carpenter (SC) Roman Landa (CA) Bryan McFarland (OH) Jacob Paulin (WI) Ryan Pope (CA) Ronald Rutter (CA) Fernando R. Savon (TX) Russel Smith (OH) The drivers were included in docket number FMCSA-2013-0122. Their exemptions are applicable as of April 21, 2018, and will expire on April 21, 2020. As of April 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 3 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSs for interstate CMV drivers. Tonya Bland (MD); Glenn Ferguson (TX); and Michael McCarthy. The drivers were included in docket number FMCSA-2015-0329. Their exemptions are applicable as of April 17, 2018, and will expire on April 17, 2020. As of April 24, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 3 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSs for interstate CMV drivers. Kwinton Carpenter (OH); Darren Norquist (WI); and Andrey Shevchenko (MN). The drivers were included in docket number FMCSA-2013-0124. Their exemptions are applicable as of April [[Page 28332]] 24, 2018, and will expire on April 24, 2020. IV. 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; 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 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. V. 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. VI. Conclusion Based upon its evaluation of the 19 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 two years unless revoked earlier by FMCSA. Issued on: June 11, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-13014 Filed 6-15-18; 8:45 am] BILLING CODE 4910-EX-P
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each applicant were stated and VI. Preemption resulted in a lower level of safety than
discussed in detail in the April 9, 2018, During the period the exemption is in was maintained prior to being granted;
Federal Register notice (83 FR 15225) effect, no State shall enforce any law or or (3) continuation of the exemption
and will not be repeated in this notice. regulation that conflicts with this would not be consistent with the goals
These 46 applicants have had ITDM exemption with respect to a person and objectives of 49 U.S.C. 31136(e) and
operating under the exemption. 31315.
over a range of 1 to 28 years. These
applicants report no severe Issued on: June 11, 2018.
VII. Conclusion
hypoglycemic reactions resulting in loss Larry W. Minor,
of consciousness or seizure, requiring Based upon its evaluation of the 46 Associate Administrator for Policy.
the assistance of another person, or exemption applications, FMCSA [FR Doc. 2018–13009 Filed 6–15–18; 8:45 am]
resulting in impaired cognitive function exempts the following drivers from the BILLING CODE 4910–EX–P
that occurred without warning diabetes requirement in 49 CFR
symptoms, in the past 12 months and no 391.41(b)(10), subject to the
recurrent (two or more) severe requirements cited above: DEPARTMENT OF TRANSPORTATION
hypoglycemic episodes in the past five Mark G. Albertson (NY)
years. In each case, an endocrinologist Duane L. Barrett (AL) Federal Motor Carrier Safety
verified that the driver has Marvin L. Bodey (TX) Administration
demonstrated a willingness to properly Kevin A. Cardona (NY) [Docket No. FMCSA–2012–0322; FMCSA–
monitor and manage his/her diabetes James W. Carlson (WI) 2013–0122; FMCSA–2013–0123; FMCSA–
mellitus, received education related to Kyle E. Caswell (MA) 2015–0329; FMCSA–2013–0124]
diabetes management, and is on a stable Nathaniel W. Curry (NC)
insulin regimen. These drivers report no Henry H. Daugherty (PA) Qualification of Drivers; Exemption
other disqualifying conditions, Victor D. Davis (DE) Applications; Hearing
Todd E. Dawson (MI)
including diabetes related AGENCY: Federal Motor Carrier Safety
James A. Denmark (GA)
complications. Each meets the vision Administration (FMCSA), DOT.
John V. Dobrowski (NH)
requirement at 49 CFR 391.41(b)(10). ACTION: Notice of renewal of
Michael W. Driggers (SC)
Consequently, FMCSA finds that in Michael J. Duffey (VA) exemptions; request for comments.
each case exempting these applicants Timothy L. Ebbers (IL)
from the diabetes requirement in 49 CFR Alfred K. Estes (WI) SUMMARY: FMCSA announces its
391.41(b)(3) is likely to achieve a level Travis L. Gelbrich (OR) decision to renew exemptions for 19
of safety equal to that existing without Wyllshaun A. Gipson (ME) individuals from the hearing
the exemption. Adam K. Graham (PA) requirement in the Federal Motor
Nicholas D. Haggerty (WV) Carrier Safety Regulations (FMCSRs) for
V. Conditions and Requirements John A. Hayes (NY) interstate commercial motor vehicle
Dennis R. Henry (TX) (CMV) drivers. The exemptions enable
The terms and conditions of the these hard of hearing and deaf
exemption are provided to the Kenneth R. Henry (TX)
Robert T. Holcombe (TN) individuals to continue to operate CMVs
applicants in the exemption document in interstate commerce.
and includes the following: (1) Each Richard P. Houle (WA)
Daniel S. Howell (PA) DATES: Each group of renewed
driver must submit a quarterly exemptions were applicable on the
Christopher S. Justice (NC)
monitoring checklist completed by the dates stated in the discussions below
William T. Kribell (SD)
treating endocrinologist as well as an and will expire on the dates stated in
Jason A. Lantz (MN)
annual checklist with a comprehensive Dennis A. Lightbown (CO) the discussions below. Comments must
medical evaluation; (2) each driver must Anthony L. Maita (PA) be received on or before July 18, 2018.
report within two business days of Robert M. Matthies (MA) ADDRESSES: You may submit comments
occurrence, all episodes of severe James J.P. May (CA) bearing the Federal Docket Management
hypoglycemia, significant Dale H.N. McCann (PA) System (FDMS) Docket No. FMCSA–
complications, or inability to manage James L. Morgan, Jr. (NC) 2012–0322; FMCSA–2013–0122;
diabetes; also, any involvement in an William L. Nicklas (PA) FMCSA–2013–0123; FMCSA–2015–
accident or any other adverse event in Lorenzo E. Romo (TX) 0329; and FMCSA–13–0124 using any
a CMV or personal vehicle, whether or Dennis K. Rottenbucher (SD) of the following methods:
not it is related to an episode of Gregory Schembri (PA) • Federal eRulemaking Portal: Go to
hypoglycemia; (3) each driver must Douglas R. Schrader (WI) http://www.regulations.gov. Follow the
provide a copy of the ophthalmologist’s Ethan J. Stewmon (TN) online instructions for submitting
or optometrist’s report to the Medical Charles F. Stockton (MO) comments.
Examiner at the time of the annual Michael E. Thomas (NE) • Mail: Docket Management Facility;
medical examination; and (4) each Benjamin D. Utoft (IA) U.S. Department of Transportation, 1200
driver must provide a copy of the Cassandra D. Waters (MD) New Jersey Avenue SE, West Building
annual medical certification to the Daniel J. Welch (MI) Ground Floor, Room W12–140,
employer for retention in the driver’s In accordance with 49 U.S.C. 31136(e) Washington, DC 20590–0001.
amozie on DSK3GDR082PROD with NOTICES1
qualification file, or keeping a copy in and 31315, each exemption will be valid • Hand Delivery: West Building
his/her driver’s qualification file if he/ for two years from the effective date Ground Floor, Room W12–140, 1200
she is self-employed. The driver must unless revoked earlier by FMCSA. The New Jersey Avenue SE, Washington,
also have a copy of the exemption when exemption will be revoked if the DC, between 9 a.m. and 5 p.m., e.t.,
driving, for presentation to a duly following occurs: (1) The person fails to Monday through Friday, except Federal
authorized Federal, State, or local comply with the terms and conditions Holidays.
enforcement official. of the exemption; (2) the exemption has • Fax: 1–202–493–2251.
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24, 2018, and will expire on April 24, DEPARTMENT OF TRANSPORTATION FMCSA–2013–0167; FMCSA–2013–
2020. 0168; FMCSA–2013–0170; FMCSA–
Federal Motor Carrier Safety 2013–0174; FMCSA–2014–0002;
IV. Conditions and Requirements Administration FMCSA–2014–0003; FMCSA–2014–
The exemptions are extended subject [Docket No. FMCSA–1999–6480; FMCSA– 0004; FMCSA–2015–0070; FMCSA–
to the following conditions: (1) Each 2000–7363; FMCSA–2001–10578; FMCSA– 2015–0071; FMCSA–2015–0072;
driver must report any crashes or 2003–15892; FMCSA–2003–16564; FMCSA– FMCSA–2015–0344; FMCSA–2015–
2004–17195; FMCSA–2005–23099; FMCSA– 0347; FMCSA–2015–0348; FMCSA–
accidents as defined in 49 CFR 390.5; 2006–24015; FMCSA–2007–0071; FMCSA– 2015–0350; FMCSA–2015–0351;
and (2) report all citations and 2007–26653; FMCSA–2007–27897; FMCSA– FMCSA–2016–0024; FMCSA–2016–
convictions for disqualifying offenses 2007–28695; FMCSA–2008–0021; FMCSA– 0025; FMCSA–2016–0027 using any of
under 49 CFR part 383 and 49 CFR 391 2009–0303; FMCSA–2009–0321; FMCSA–
the following methods:
to FMCSA; and (3) each driver 2010–0050; FMCSA–2011–0324; FMCSA–
2011–0365; FMCSA–2011–0366; FMCSA– • Federal eRulemaking Portal: Go to
prohibited from operating a motorcoach http://www.regulations.gov. Follow the
2011–0378; FMCSA–2011–0379; FMCSA–
or bus with passengers in interstate 2011–0380; FMCSA–2012–0040; FMCSA– online instructions for submitting
commerce. The driver must also have a 2012–0104; FMCSA–2013–0029; FMCSA– comments.
copy of the exemption when driving, for 2013–0030; FMCSA–2013–0165; FMCSA– • Mail: Docket Management Facility;
presentation to a duly authorized 2013–0167; FMCSA–2013–0168; FMCSA– U.S. Department of Transportation, 1200
Federal, State, or local enforcement 2013–0170; FMCSA–2013–0174; FMCSA– New Jersey Avenue SE, West Building
official. In addition, the exemption does 2014–0002; FMCSA–2014–0003; FMCSA– Ground Floor, Room W12–140,
2014–0004; FMCSA–2015–0070; FMCSA–
not exempt the individual from meeting 2015–0071; FMCSA–2015–0072; FMCSA– Washington, DC 20590–0001.
the applicable CDL testing 2015–0344; FMCSA–2015–0347; FMCSA– • Hand Delivery: West Building
requirements. Each exemption will be 2015–0348; FMCSA–2015–0350; FMCSA– Ground Floor, Room W12–140, 1200
valid for two years unless rescinded 2015–0351; FMCSA–2016–0024; FMCSA– New Jersey Avenue SE, Washington,
earlier by FMCSA. The exemption will 2016–0025; FMCSA–2016–0027] DC, between 9 a.m. and 5 p.m., e.t.,
be rescinded if: (1) The person fails to Monday through Friday, except Federal
Qualification of Drivers; Exemption Holidays.
comply with the terms and conditions
of the exemption; (2) the exemption has
Applications; Vision • Fax: 1–202–493–2251.
resulted in a lower level of safety than AGENCY: Federal Motor Carrier Safety Instructions: Each submission must
Administration (FMCSA), DOT. include the Agency name and the
was maintained before it was granted; or
docket number(s) for this notice. Note
(3) continuation of the exemption would ACTION: Notice of renewal of
that all comments received will be
not be consistent with the goals and exemptions; request for comments.
posted without change to http://
objectives of 49 U.S.C. 31136(e) and www.regulations.gov, including any
SUMMARY: FMCSA announces its
31315. personal information provided. Please
decision to renew exemptions for 95
V. Preemption individuals from the vision requirement see the Privacy Act heading below for
in the Federal Motor Carrier Safety further information.
During the period the exemption is in Regulations (FMCSRs) for interstate Docket: For access to the docket to
effect, no State shall enforce any law or commercial motor vehicle (CMV) read background documents or
regulation that conflicts with this drivers. The exemptions enable these comments, go to http://
exemption with respect to a person individuals to continue to operate CMVs www.regulations.gov at any time or
operating under the exemption. in interstate commerce without meeting Room W12–140 on the ground level of
the vision requirements in one eye. the West Building, 1200 New Jersey
VI. Conclusion Avenue SE, Washington, DC, between 9
DATES: Each group of renewed
Based upon its evaluation of the 19 exemptions were applicable on the a.m. and 5 p.m., e.t., Monday through
exemption applications, FMCSA renews dates stated in the discussions below Friday, except Federal holidays. The
and will expire on the dates stated in FDMS is available 24 hours each day,
the exemptions of the aforementioned
the discussions below. Comments must e.t., 365 days each year. If you want
drivers from the hearing requirement in
be received on or before July 18, 2018. acknowledgment that we received your
49 CFR 391.41 (b)(11). In accordance comments, please include a self-
with 49 U.S.C. 31136(e) and 31315, each ADDRESSES: You may submit comments
bearing the Federal Docket Management addressed, stamped envelope or
exemption will be valid for two years postcard or print the acknowledgement
unless revoked earlier by FMCSA. System (FDMS) Docket No. FMCSA–
1999–6480; FMCSA–2000–7363; page that appears after submitting
Issued on: June 11, 2018. FMCSA–2001–10578; FMCSA–2003– comments online.
Larry W. Minor, 15892; FMCSA–2003–16564; FMCSA– Privacy Act: In accordance with 5
Associate Administrator for Policy. 2004–17195; FMCSA–2005–23099; U.S.C. 553(c), DOT solicits comments
FMCSA–2006–24015; FMCSA–2007– from the public to better inform its
[FR Doc. 2018–13014 Filed 6–15–18; 8:45 am]
0071; FMCSA–2007–26653; FMCSA– rulemaking process. DOT posts these
BILLING CODE 4910–EX–P comments, without edit, including any
2007–27897; FMCSA–2007–28695;
FMCSA–2008–0021; FMCSA–2009– personal information the commenter
0303; FMCSA–2009–0321; FMCSA– provides, to http://www.regulations.gov,
amozie on DSK3GDR082PROD with NOTICES1
2010–0050; FMCSA–2011–0324; as described in the system of records
FMCSA–2011–0365; FMCSA–2011– notice (DOT/ALL–14 FDMS), which can
0366; FMCSA–2011–0378; FMCSA– be reviewed at http://www.dot.gov/
2011–0379; FMCSA–2011–0380; privacy.
FMCSA–2012–0040; FMCSA–2012– FOR FURTHER INFORMATION CONTACT: Ms.
0104; FMCSA–2013–0029; FMCSA– Christine A. Hydock, Chief, Medical
2013–0030; FMCSA–2013–0165; Programs Division, 202–366–4001,
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28447/page/3.svg)
Document Created: 2018-06-18 15:49:41
Document Modified: 2018-06-18 15:49:41
| 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 | Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before July 18, 2018. | |
| Contact | Ms. Christine A. Hydock, Chief, 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., E.T., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 28330 |
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