83_FR_29018 83 FR 28898 - Hours of Service of Drivers: American Concrete Pumping Association (ACPA); Application for Exemption

83 FR 28898 - Hours of Service of Drivers: American Concrete Pumping Association (ACPA); Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 120 (June 21, 2018)

Page Range28898-28900
FR Document2018-13316

FMCSA announces that it has received an application from the American Concrete Pumping Association (ACPA) for an exemption from the requirement that short-haul drivers utilizing the records of duty status (RODS) exception return to their normal work-reporting location within 12 hours of coming on duty. ACPA requests that concrete pump operators be allowed to use the short-haul exception but return to their work-reporting location within 14 hours instead of the usual 12 hours. The requested exemption would apply industry-wide to all concrete pump operators, concrete pumping companies, and drivers who operate concrete pumps. FMCSA requests public comment on ACPA's application for exemption.

Federal Register, Volume 83 Issue 120 (Thursday, June 21, 2018)
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Notices]
[Pages 28898-28900]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13316]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0175]


Hours of Service of Drivers: American Concrete Pumping 
Association (ACPA); Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has received an application from the 
American Concrete Pumping Association (ACPA) for an exemption from the 
requirement that short-haul drivers utilizing the records of duty 
status (RODS) exception return to their normal work-reporting location 
within 12 hours of coming on duty. ACPA requests that concrete pump 
operators be allowed to use the short-haul exception but return to 
their work-reporting location within 14 hours instead of the usual 12 
hours. The requested exemption would apply industry-wide to all 
concrete pump operators, concrete pumping companies, and drivers who 
operate concrete pumps. FMCSA requests public comment on ACPA's 
application for exemption.

DATES: Comments must be received on or before July 23, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2018-0175 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    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.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice,

[[Page 28899]]

please contact Ms. Pearlie Robinson, FMCSA Driver and Carrier 
Operations Division; Telephone: (202) 366-4225; Email: [email protected]. 
If you have questions on viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2018-0175), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2018-0175'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). 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 safety analyses and public comments submitted, 
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 reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption

    ACPA seeks an exemption from the restriction of the RODS exception 
for short-haul operations available to drivers who return to their 
normal work reporting location and are released from work within 12 
hours [49 CFR 395.1(e)(1)(ii)(A)]. Specifically, ACPA requests that 
concrete pump operators be treated the same as drivers operating ready-
mixed concrete delivery vehicles as provided in Sec.  49 CFR 
395.1(e)(1)(ii)(B). Section 395.1(e)(1)(ii)(B) allows drivers of ready-
mixed concrete delivery vehicles to rely on the short-haul exception 
provided they return to their work-reporting locations and are released 
from work within 14 consecutive hours. The requested exemption would 
apply industry-wide to all concrete pump operators, concrete pumping 
companies, and drivers who deliver, set-up, and operate concrete pumps 
across the United States.
    ACPA currently represents more than 600 member companies employing 
over 7,000 workers nationwide. The exemption would be applied to all 
interstate concrete pumper trucks and their operators. Although many of 
the trucks operate intrastate and would therefore not be covered by an 
FMCSA exemption, an unknown number of the pumping trucks are operated 
in metropolitan areas and do routinely cross State lines.\1\
---------------------------------------------------------------------------

    \1\ FMCSA does not generally have jurisdiction over intrastate 
transporation; however, most States have commercial motor vehicle 
statutes and regulations that are compatible with Federal 
regulations. With few exceptions, an FMCSA exemption only applies to 
interstate transportation, although some States honor them for 
intrastate traffic.
---------------------------------------------------------------------------

    ACPA explained that, like ready-mixed concrete delivery trucks and 
asphalt pavement delivery trucks, concrete pumps work with a perishable 
product delivered on a just-in-time basis. Timing and scheduling are 
critical to ensure a high-quality result. Allowing concrete pump 
drivers to use the short-haul exception, but return to their reporting 
location within 14 hours instead of 12 hours, would harmonize the 
hours-of-service rules for drivers of concrete pumps with the rules for 
drivers of the vehicles that supply the concrete.
    ACPA explained that only a small percentage of the concrete pump 
operator's time is spent driving. On average, concrete pump operators 
spend between 25-32% of their time driving during a shift, and average 
daily driving distances are 20-25 miles. A pump operator has plenty of 
rest time with breaks ranging from 33%-55% of their total time pumping. 
The majority of an operator's time is spent waiting on ready-mixed 
concrete.
    ACPA further explained that a concrete pump cannot operate without 
a ready-mixed truck. Having conflicting requirements creates confusion 
on job sites. Clear and consistent requirements between the concrete 
pumps and the ready-mixed trucks will help ensure an equivalent level 
of safety on the job site. ACPA adds that concrete pumping and 
placement companies work in collaboration with ready-mixed companies. 
Scheduling local business contracts in compliance with State and 
Federal regulations is complicated, given that some concrete companies 
operate under different FMCSA rules.
    ACPA asserts that the concrete pumping industry has a solid safety 
record. Break periods, spent waiting for the ready-mixed trucks 
deliveries, provide opportunity for concrete pump operators to rest and 
relax. The ACPA Operator Certification Program ensures, encourages, and 
educates the concrete pump operators on safe concerete pumping and 
placement procedures. These safety practices allow concrete operators 
to maintain their safety record through careful training and well-
developed safety guidelines. Because of the concrete pump operators' 
training and preparation and numerous rest breaks, providing the 
additional 2 duty hours to concrete pump operators will have no impact 
on the level of safety provided under the short-haul exception. The 
requested exemption is for 5 years, with opportunity for renewals.
    A copy of the ACPA's application for exemption is available for 
review in the docket for this notice.


[[Page 28900]]


    Issued on: June 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13316 Filed 6-20-18; 8:45 am]
BILLING CODE 4910-EX-P



                                              28898                         Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices

                                              Lawrence J. Knox                                        you include your name and a mailing                    drivers utilizing the records of duty
                                                 Mr. Knox is a 57 year-old class D                    address, an email address, or a phone                  status (RODS) exception return to their
                                              driver in Massachusetts. He has a                       number in the body of your document                    normal work-reporting location within
                                              history of a seizure disorder and has                   so that FMCSA can contact you if there                 12 hours of coming on duty. ACPA
                                              been seizure free since 1988. He takes                  are questions regarding your                           requests that concrete pump operators
                                              anti-seizure medication with the dosage                 submission.                                            be allowed to use the short-haul
                                                                                                         To submit your comment online, go to                exception but return to their work-
                                              and frequency remaining the same since
                                                                                                      http://www.regulations.gov and in the                  reporting location within 14 hours
                                              May 2015. His physician states that he
                                                                                                      search box insert the docket number                    instead of the usual 12 hours. The
                                              is supportive of Mr. Knox receiving an
                                                                                                      FMCSA–2018–0053 and click the search                   requested exemption would apply
                                              exemption.
                                                                                                      button. When the new screen appears,                   industry-wide to all concrete pump
                                              Thomas A. Ork                                           click on the blue ‘‘Comment Now!’’                     operators, concrete pumping companies,
                                                Mr. Ork is a 56 year-old class C driver               button on the right hand side of the                   and drivers who operate concrete
                                              in New York. He has a seizure disorder                  page. On the new page, enter                           pumps. FMCSA requests public
                                              and has been seizure free since 2004. He                information required including the                     comment on ACPA’s application for
                                              takes anti-seizure medication with the                  specific section of this document to                   exemption.
                                              dosage and frequency remaining the                      which each comment applies, and
                                                                                                                                                             DATES: Comments must be received on
                                              same since 2004. His physician states                   provide a reason for each suggestion or
                                                                                                      recommendation. If you submit your                     or before July 23, 2018.
                                              that he is supportive of Mr. Ork                                                                               ADDRESSES: You may submit comments
                                              receiving an exemption.                                 comments by mail or hand delivery,
                                                                                                      submit them in an unbound format, no                   identified by Federal Docket
                                              Constance Seale                                         larger than 81⁄2 by 11 inches, suitable for            Management System Number FMCSA–
                                                                                                      copying and electronic filing. If you                  2018–0175 by any of the following
                                                Ms. Seale is a 64 year-old class CB
                                                                                                      submit comments by mail and would                      methods:
                                              CDL holder in Delaware. She has a
                                                                                                      like to know that they reached the                       • Federal eRulemaking Portal:
                                              history of a seizure disorder and has
                                                                                                      facility, please enclose a stamped, self-              www.regulations.gov. See the Public
                                              been seizure free since 1978. She takes
                                                                                                      addressed postcard or envelope.                        Participation and Request for Comments
                                              anti-seizure medication with the dosage
                                                                                                         We will consider all comments and                   section below for further information.
                                              and frequency remaining the same since                                                                           • Mail: Docket Management Facility,
                                              1978. Her physician states that he is                   materials received during the comment
                                                                                                      period. FMCSA may issue a final                        U.S. Department of Transportation, 1200
                                              supportive of Ms. Seale receiving an                                                                           New Jersey Avenue SE, West Building,
                                              exemption.                                              determination at any time after the close
                                                                                                      of the comment period.                                 Ground Floor, Room W12–140,
                                              Anne M. Spencer-Brown                                                                                          Washington, DC 20590–0001.
                                                                                                      V. Viewing Comments and Documents                        • Hand Delivery or Courier: West
                                                Ms. Spencer-Brown is a 38 year-old
                                                                                                        To view comments, as well as any                     Building, Ground Floor, Room W12–
                                              class A CDL holder in West Virginia.
                                                                                                      documents mentioned in this preamble,                  140, 1200 New Jersey Avenue SE.,
                                              She has a history of a seizure disorder
                                                                                                      go to http://www.regulations.gov and in                between 9 a.m. and 5 p.m. E.T., Monday
                                              and has been seizure free since 2008.
                                                                                                      the search box insert the docket number                through Friday, except Federal holidays.
                                              She takes anti-seizure medication with
                                                                                                      FMCSA–2018–0053 and click ‘‘Search.’’                    • Fax: 1–202–493–2251.
                                              the dosage and frequency remaining the                                                                            Each submission must include the
                                              same since 2008. Her physician states                   Next, click ‘‘Open Docket Folder’’ and
                                                                                                      you will find all documents and                        Agency name and the docket number for
                                              that she is supportive of Ms. Spencer-                                                                         this notice. Note that DOT posts all
                                              Brown receiving an exemption.                           comments related to this notice.
                                                                                                                                                             comments received without change to
                                                                                                        Issued on: June 15, 2018.                            www.regulations.gov, including any
                                              Floyd C. Williams
                                                                                                      Larry W. Minor,                                        personal information included in a
                                                 Mr. Williams is a 53 year-old class D                Associate Administrator for Policy.
                                              driver in Virginia. He has a history of a                                                                      comment. Please see the Privacy Act
                                              seizure disorder and has been seizure
                                                                                                      [FR Doc. 2018–13317 Filed 6–20–18; 8:45 am]            heading below.
                                              free since 2003. He takes anti-seizure                  BILLING CODE 4910–EX–P                                    Docket: For access to the docket to
                                              medication with the dosage and                                                                                 read background documents or
                                              frequency remaining the same since                                                                             comments, go to www.regulations.gov at
                                                                                                      DEPARTMENT OF TRANSPORTATION                           any time or visit Room W12–140 on the
                                              2003. His physician states that he is
                                              supportive of Mr. Williams receiving an                                                                        ground level of the West Building, 1200
                                                                                                      Federal Motor Carrier Safety                           New Jersey Avenue SE, Washington,
                                              exemption.                                              Administration                                         DC, between 9 a.m. and 5 p.m., ET,
                                              III. Request for Comments                               [Docket No. FMCSA–2018–0175]                           Monday through Friday, except Federal
                                                 In accordance with 49 U.S.C. 31136(e)                                                                       holidays. The on-line FDMS is available
                                              and 31315, FMCSA requests public                        Hours of Service of Drivers: American                  24 hours each day, 365 days each year.
                                              comment from all interested persons on                  Concrete Pumping Association                              Privacy Act: In accordance with 5
                                              the exemption petitions described in                    (ACPA); Application for Exemption                      U.S.C. 553(c), DOT solicits comments
                                              this notice. We will consider all                       AGENCY: Federal Motor Carrier Safety                   from the public to better inform its
                                              comments received before the close of                   Administration (FMCSA), DOT.                           rulemaking process. DOT posts these
                                              business on the closing date indicated                                                                         comments, without edit, including any
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      ACTION: Notice of application for
                                              in the dates section of the notice.                                                                            personal information the commenter
                                                                                                      exemption; request for comments.
                                                                                                                                                             provides, to www.regulations.gov, as
                                              IV. Submitting Comments                                 SUMMARY:  FMCSA announces that it has                  described in the system of records
                                                You may submit your comments and                      received an application from the                       notice (DOT/ALL–14 FDMS), which can
                                              material online or by fax, mail, or hand                American Concrete Pumping                              be reviewed at www.dot.gov/privacy.
                                              delivery, but please use only one of                    Association (ACPA) for an exemption                    FOR FURTHER INFORMATION CONTACT: For
                                              these means. FMCSA recommends that                      from the requirement that short-haul                   information concerning this notice,


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                                                                            Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices                                             28899

                                              please contact Ms. Pearlie Robinson,                    provide an opportunity for public                         ACPA explained that, like ready-
                                              FMCSA Driver and Carrier Operations                     comment on the request.                                mixed concrete delivery trucks and
                                              Division; Telephone: (202) 366–4225;                       The Agency reviews safety analyses                  asphalt pavement delivery trucks,
                                              Email: MCPSD@dot.gov. If you have                       and public comments submitted, and                     concrete pumps work with a perishable
                                              questions on viewing or submitting                      determines whether granting the                        product delivered on a just-in-time
                                              material to the docket, contact Docket                  exemption would likely achieve a level                 basis. Timing and scheduling are critical
                                              Services, telephone (202) 366–9826.                     of safety equivalent to, or greater than,              to ensure a high-quality result. Allowing
                                              SUPPLEMENTARY INFORMATION:                              the level that would be achieved by the                concrete pump drivers to use the short-
                                                                                                      current regulation (49 CFR 381.305).                   haul exception, but return to their
                                              I. Public Participation and Request for                 The decision of the Agency must be                     reporting location within 14 hours
                                              Comments                                                published in the Federal Register (49                  instead of 12 hours, would harmonize
                                                FMCSA encourages you to participate                   CFR 381.315(b)) with the reasons for                   the hours-of-service rules for drivers of
                                              by submitting comments and related                      denying or granting the application and,               concrete pumps with the rules for
                                              materials.                                              if granted, the name of the person or                  drivers of the vehicles that supply the
                                                                                                      class of persons receiving the                         concrete.
                                              Submitting Comments                                                                                               ACPA explained that only a small
                                                                                                      exemption, and the regulatory provision
                                                 If you submit a comment, please                      from which the exemption is granted.                   percentage of the concrete pump
                                              include the docket number for this                      The notice must also specify the                       operator’s time is spent driving. On
                                              notice (FMCSA–2018–0175), indicate                      effective period and explain the terms                 average, concrete pump operators spend
                                              the specific section of this document to                                                                       between 25–32% of their time driving
                                                                                                      and conditions of the exemption. The
                                              which the comment applies, and                                                                                 during a shift, and average daily driving
                                                                                                      exemption may be renewed (49 CFR
                                                                                                                                                             distances are 20–25 miles. A pump
                                              provide a reason for suggestions or                     381.300(b)).
                                                                                                                                                             operator has plenty of rest time with
                                              recommendations. You may submit
                                                                                                      III. Request for Exemption                             breaks ranging from 33%–55% of their
                                              your comments and material online or
                                                                                                                                                             total time pumping. The majority of an
                                              by fax, mail, or hand delivery, but                       ACPA seeks an exemption from the                     operator’s time is spent waiting on
                                              please use only one of these means.                     restriction of the RODS exception for                  ready-mixed concrete.
                                              FMCSA recommends that you include                       short-haul operations available to                        ACPA further explained that a
                                              your name and a mailing address, an                     drivers who return to their normal work                concrete pump cannot operate without
                                              email address, or a phone number in the                 reporting location and are released from               a ready-mixed truck. Having conflicting
                                              body of your document so the Agency                     work within 12 hours [49 CFR                           requirements creates confusion on job
                                              can contact you if it has questions                     395.1(e)(1)(ii)(A)]. Specifically, ACPA                sites. Clear and consistent requirements
                                              regarding your submission.                              requests that concrete pump operators                  between the concrete pumps and the
                                                 To submit your comment online, go to                 be treated the same as drivers operating               ready-mixed trucks will help ensure an
                                              www.regulations.gov and put the docket                  ready-mixed concrete delivery vehicles                 equivalent level of safety on the job site.
                                              number, ‘‘FMCSA–2018–0175’’ in the                      as provided in § 49 CFR                                ACPA adds that concrete pumping and
                                              ‘‘Keyword’’ box, and click ‘‘Search.’’                  395.1(e)(1)(ii)(B). Section                            placement companies work in
                                              When the new screen appears, click on                   395.1(e)(1)(ii)(B) allows drivers of ready-            collaboration with ready-mixed
                                              ‘‘Comment Now!’’ button and type your                   mixed concrete delivery vehicles to rely               companies. Scheduling local business
                                              comment into the text box in the                        on the short-haul exception provided                   contracts in compliance with State and
                                              following screen. Choose whether you                    they return to their work-reporting                    Federal regulations is complicated,
                                              are submitting your comment as an                       locations and are released from work                   given that some concrete companies
                                              individual or on behalf of a third party                within 14 consecutive hours. The                       operate under different FMCSA rules.
                                              and then submit. If you submit your                     requested exemption would apply                           ACPA asserts that the concrete
                                              comments by mail or hand delivery,                      industry-wide to all concrete pump                     pumping industry has a solid safety
                                              submit them in an unbound format, no                    operators, concrete pumping companies,                 record. Break periods, spent waiting for
                                              larger than 81⁄2 by 11 inches, suitable for             and drivers who deliver, set-up, and                   the ready-mixed trucks deliveries,
                                              copying and electronic filing. If you                   operate concrete pumps across the                      provide opportunity for concrete pump
                                              submit comments by mail and would                       United States.                                         operators to rest and relax. The ACPA
                                              like to know that they reached the                        ACPA currently represents more than                  Operator Certification Program ensures,
                                              facility, please enclose a stamped, self-               600 member companies employing over                    encourages, and educates the concrete
                                              addressed postcard or envelope. FMCSA                   7,000 workers nationwide. The                          pump operators on safe concerete
                                              will consider all comments and material                 exemption would be applied to all                      pumping and placement procedures.
                                              received during the comment period                      interstate concrete pumper trucks and                  These safety practices allow concrete
                                              and may grant or not grant this                         their operators. Although many of the                  operators to maintain their safety record
                                              application based on your comments.                     trucks operate intrastate and would                    through careful training and well-
                                                                                                      therefore not be covered by an FMCSA                   developed safety guidelines. Because of
                                              II. Legal Basis
                                                                                                      exemption, an unknown number of the                    the concrete pump operators’ training
                                                 FMCSA has authority under 49 U.S.C.                  pumping trucks are operated in                         and preparation and numerous rest
                                              31136(e) and 31315 to grant exemptions                  metropolitan areas and do routinely                    breaks, providing the additional 2 duty
                                              from certain Federal Motor Carrier                      cross State lines.1                                    hours to concrete pump operators will
                                              Safety Regulations (FMCSRs). FMCSA                                                                             have no impact on the level of safety
amozie on DSK3GDR082PROD with NOTICES1




                                              must publish a notice of each exemption                    1 FMCSA does not generally have jurisdiction        provided under the short-haul
                                              request in the Federal Register (49 CFR                 over intrastate transporation; however, most States    exception. The requested exemption is
                                              381.315(a)). The Agency must provide                    have commercial motor vehicle statutes and             for 5 years, with opportunity for
                                              the public an opportunity to inspect the                regulations that are compatible with Federal           renewals.
                                                                                                      regulations. With few exceptions, an FMCSA
                                              information relevant to the application,                exemption only applies to interstate transportation,
                                                                                                                                                                A copy of the ACPA’s application for
                                              including any safety analyses that have                 although some States honor them for intrastate         exemption is available for review in the
                                              been conducted. The Agency must also                    traffic.                                               docket for this notice.


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                                              28900                         Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices

                                                Issued on: June 15, 2018.                             personal information the commenter                       The drivers were included in docket
                                              Larry W. Minor,                                         provides, to http://www.regulations.gov,               number FMCSA–2013–0124 and
                                              Associate Administrator for Policy.                     as described in the system of records                  FMCSA 2013–0125.
                                              [FR Doc. 2018–13316 Filed 6–20–18; 8:45 am]             notice (DOT/ALL–14 FDMS), which can                      Their exemptions are applicable as of
                                              BILLING CODE 4910–EX–P
                                                                                                      be reviewed at http://www.dot.gov/                     March 27, 2018, and will expire on
                                                                                                      privacy.                                               March 27, 2020.
                                                                                                                                                               In accordance with 49 U.S.C. 31315,
                                                                                                      II. Background                                         each exemption will be valid for two
                                              DEPARTMENT OF TRANSPORTATION
                                                                                                         On April 27, 2018, FMCSA published                  years from the effective date unless
                                              Federal Motor Carrier Safety                            a notice announcing its decision to                    revoked earlier by FMCSA. The
                                              Administration                                          renew exemptions for 3 individuals                     exemption will be revoked if the
                                                                                                      from the hearing standard in 49 CFR                    following occurs: (1) The person fails to
                                              [Docket No. FMCSA–2013–0124; FMCSA–                     391.41(b)(11) to operate a CMV in                      comply with the terms and conditions
                                              2013–0125]
                                                                                                      interstate commerce and requested                      of the exemption; (2) the exemption has
                                              Qualification of Drivers; Exemption                     comments from the public (83 FR                        resulted in a lower level of safety than
                                              Applications; Hearing                                   18623). The public comment period                      was maintained prior to being granted;
                                                                                                      ended on May 29, 2018, and no                          or (3) continuation of the exemption
                                              AGENCY: Federal Motor Carrier Safety                    comments were received.                                would not be consistent with the goals
                                              Administration (FMCSA), DOT.                               As stated in the previous notice,                   and objectives of 49 U.S.C. 31136 and
                                              ACTION: Notice of final disposition.                    FMCSA has evaluated the eligibility of                 31315.
                                                                                                      these applicants and determined that                     Issued on: June 15, 2018.
                                              SUMMARY:   FMCSA announces its                          renewing these exemptions would
                                              decision to renew exemptions for 3                                                                             Larry W. Minor,
                                                                                                      achieve a level of safety equivalent to or
                                              individuals from the hearing                            greater than the level that would be                   Associate Administrator for Policy.
                                              requirement in the Federal Motor                        achieved by complying with the current                 [FR Doc. 2018–13318 Filed 6–20–18; 8:45 am]
                                              Carrier Safety Regulations (FMCSRs) for                 regulation 49 CFR 391.41(b)(11).                       BILLING CODE 4910–EX–P
                                              interstate commercial motor vehicle                        The physical qualification standard
                                              (CMV) drivers. The exemptions enable                    for drivers regarding hearing found in
                                              these hard of hearing and deaf                          49 CFR 391.41(b)(11) states that a                     DEPARTMENT OF TRANSPORTATION
                                              individuals to continue to operate CMVs                 person is physically qualified to driver
                                                                                                                                                             Federal Motor Carrier Safety
                                              in interstate commerce.                                 a CMV if that person first perceives a
                                                                                                                                                             Administration
                                              DATES: The exemptions were applicable                   forced whispered voice in the better ear
                                              on March 27, 2018. The exemptions                       at not less than 5 feet with or without                [Docket No. FMCSA–2018–0118]
                                              expire on March 27, 2020.                               the use of a hearing aid or, if tested by
                                                                                                      use of an audiometric device, does not                 Agency Information Collection
                                              FOR FURTHER INFORMATION CONTACT: Ms.                                                                           Activities; Revision of an Approved
                                              Christine A. Hydock, Chief, Medical                     have an average hearing loss in the
                                                                                                      better ear greater than 40 decibels at 500             Information Collection: Inspection,
                                              Programs Division, 202–366–4001,                                                                               Repair and Maintenance
                                              fmcsamedical@dot.gov, FMCSA,                            Hz, 1,000 Hz, and 2,000 Hz with or
                                              Department of Transportation, 1200                      without a hearing aid when the                         AGENCY: Federal Motor Carrier Safety
                                              New Jersey Avenue SE, Room W64–224,                     audiometric device is calibrated to                    Administration (FMCSA), DOT.
                                              Washington, DC 20590–0001. Office                       American National Standard (formerly
                                                                                                                                                             ACTION: Notice and request for
                                              hours are from 8:30 a.m. to 5 p.m., E.T.,               ASA Standard) Z24.5—1951.
                                                                                                         49 CFR 391.41(b)(11) was adopted in                 comments.
                                              Monday through Friday, except Federal
                                                                                                      1970, with a revision in 1971 to allow                 SUMMARY:   In accordance with the
                                              holidays. If you have questions
                                                                                                      drivers to be qualified under this                     Paperwork Reduction Act of 1995,
                                              regarding viewing or submitting
                                                                                                      standard while wearing a hearing aid,                  FMCSA announces its plan to submit
                                              material to the docket, contact Docket
                                                                                                      35 FR 6458, 6463 (April 22, 1970) and                  the Information Collection Request (ICR)
                                              Services, telephone (202) 366–9826.
                                                                                                      36 FR 12857 (July 3, 1971).                            described below to the Office of
                                              SUPPLEMENTARY INFORMATION:
                                                                                                      III. Discussion of Comments                            Management and Budget (OMB) for
                                              I. Electronic Access                                                                                           review and approval. The information
                                                                                                         FMCSA received no comments in this                  collection concerns records of
                                                 You may see all the comments online                  preceding.
                                              through the Federal Document                                                                                   inspection, repair, and maintenance of
                                              Management System (FDMS) at: http://                    Conclusion                                             commercial motor vehicles (CMVs). The
                                              www.regulations.gov.                                      Based upon its evaluation of the 3                   FMCSA requests approval to revise and
                                                 Docket: For access to the docket to                  renewal exemption applications,                        renew an ICR entitled, ‘‘Inspection,
                                              read background documents or                            FMCSA announces its’ decision to                       Repair and Maintenance.’’ FMCSA
                                              comments, go to http://                                 exempt the following drivers from the                  collects this information to ensure that
                                              www.regulations.gov and/or Room                         hearing requirement in 49 CFR                          motor carriers have adequate
                                              W12–140 on the ground level of the                      391.41(b)(11):                                         documentation of their inspection,
                                              West Building, 1200 New Jersey Avenue                     As of March 27, 2018, and in                         repair, and maintenance programs
                                              SE, Washington, DC, between 9 a.m. and                  accordance with 49 U.S.C. 31136(e) and                 necessary to reduce the likelihood of
amozie on DSK3GDR082PROD with NOTICES1




                                              5 p.m., E.T., Monday through Friday,                    31315, the following 3 individuals have                CMV crashes.
                                              except Federal holidays.                                satisfied the renewal conditions for                   DATES: Please send your comments by
                                                 Privacy Act: In accordance with 5                    obtaining an exemption from the                        July 23, 2018. OMB must receive your
                                              U.S.C. 553(c), DOT solicits comments                    hearing requirement in the FMCSRs for                  comments by this date in order to act
                                              from the public to better inform its                    interstate CMV drivers (FR 83 18623).                  quickly on the ICR.
                                              rulemaking process. DOT posts these                       Marquarius Boyd, (MS); Keith Craig                   ADDRESSES: All comments should
                                              comments, without edit, including any                   Drown, (ID); and James Gooch, (KS).                    reference Federal Docket Management


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Document Created: 2018-06-21 01:22:59
Document Modified: 2018-06-21 01:22:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application for exemption; request for comments.
DatesComments must be received on or before July 23, 2018.
ContactFor information concerning this notice, please contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Telephone: (202) 366-4225; Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 28898 

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