83 FR 34649 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 140 (July 20, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 140 (July 20, 2018)
| Page Range | 34649-34651 | |
| FR Document | 2018-15575 |
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)] [Notices] [Pages 34649-34651] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15575] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0061] Qualification of Drivers; Exemption Applications; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 30 individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before August 20, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2017-0061 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. 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:// [[Page 34650]] 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 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 from the FMCSRs for a five-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the 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 30 individuals listed in this notice have requested an exemption from the hearing requirement in 49 CFR 391.41(b)(11). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding hearing found in 49 CFR 391.41(b)(11) states that a person is physically qualified to drive 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. This standard was adopted in 1970 and was revised in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971). On February 1, 2013, FMCSA announced in a Notice of Final Disposition titled, Qualification of Drivers; Application for Exemptions; National Association of the Deaf, (78 FR 7479), its decision to grant requests from 30 individuals for exemptions from the Agency's physical qualification standard concerning hearing for interstate CMV drivers. Since the February 1, 2013 notice, the Agency has published additional notices granting requests from hard of hearing and deaf individuals for exemptions from the Agency's physical qualification standard concerning hearing for interstate CMV drivers. II. Qualifications of Applicants Matthew Albrecht Mr. Albrecht, age 51, holds a class A CDL in Pennsylvania. Kenji Batchelor Mr. Batchelor, age 40, holds an operator's license in North Carolina. Richard W. Blaine Mr. Blaine, age 36, holds an operator's license in Pennsylvania. Jeffrey D. Clark Mr. Clark, age 51, holds an operator's license in Connecticut. Donald M. Craig Mr. Craig, age 41, holds an operator's license in Ohio. William Entwistle Mr. Entwistle, age 65, holds an operator's license in New Jersey. Donald Garber Mr. Garber, age 28, holds an operator's license in Ohio. Chris Guidry Mr. Guidry, age 39, holds an operator's license in Louisiana. Matthew Hamill Mr. Hamill, age 42, holds an operator's license in New York. Austin Hernandez Mr. Hernandez, age 36, holds an operator's license in Texas. Robert T. Hilber Mr. Hilber, age 34, holds an operator's license in Texas. Scott E. Holmes Mr. Holmes, age 46, holds an operator's license in Iowa. Roderick Lemoine Mr. Lemoine, age 52, holds an operator's license in Louisiana. Gordon McAllister Mr. McAllister, age 66, holds an operator's license in South Carolina. Gabriel L. McKelvey Mr. McKelvey, age 35, holds an operator's license in South Carolina. Ervin Mitchell Mr. Mitchell, age 39, holds a class A CDL in Texas. Gary T. Nagel Mr. Nagel, age 60, holds an operator's license in Minnesota. Albert Pizana Mr. Pizana, age 47, holds an operator's license in California. Christopher Poole Mr. Poole, age 41, holds on operator's license in Ohio. Ricardo O. Porras Payan Mr. Porras Payan, age 36, holds an operator's license in Texas. Charles L. Perkins Jr. Mr. Perkins, age 31, holds an operator's license in Louisiana. James R. Quinn Mr. Quinn, age 36, holds an operator's license in Tennessee. William J. Richards Mr. Richards, age 33, holds an operator's license in Ohio. Enos Smith, Jr Mr. Smith, age 45, holds an operator's license in Pennsylvania. [[Page 34651]] Khaoe K. Smith Mr. Smith, age 42, holds a class A CDL in Georgia. Ronell Smith Mr. Smith, age 47, holds an operator's license in California. Brandon Soto Mr. Soto, age 33, holds an operator's license in Missouri. Bryan Soto Mr. Soto, age 29, holds an operator's license in Indiana. Brett E. Wanner Mr. Wanner, age 29, holds an operator's license in Pennsylvania. Michael C. Wilson Mr. Wilson, age 52, holds an operator's license in Kentucky. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the notice. IV. Submitting Comments 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 that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2017-0061 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2017-0061 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: July 13, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-15575 Filed 7-19-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34649
take immediate steps to revoke the As of June 27, 2018, and in VI. Conclusion
exemption of a driver. accordance with 49 U.S.C. 31136(e) and Based upon its evaluation of the 19
31315, the following 4 individuals have exemption applications, FMCSA renews
III. Basis for Renewing Exemptions
satisfied the renewal conditions for the exemptions of the aforementioned
In accordance with 49 U.S.C. 31136(e) obtaining an exemption from the drivers from the hearing requirement in
and 31315, each of the 15 applicants has hearing requirement in the FMCSRs for 49 CFR 391.41(b)(11). In accordance
satisfied the renewal conditions for interstate CMV drivers. with 49 U.S.C. 31136(e) and 31315, each
obtaining an exemption from the Glenn Ferguson (TX) exemption will be valid for two years
hearing requirement. The 15 drivers in Anthony Panto (NJ) unless revoked earlier by FMCSA.
this notice remain in good standing with Wayne Turner (IL)
the Agency. In addition, for Commercial Issued on: July 12, 2018.
Robert Wilson (TN)
Driver’s License (CDL) holders, the Larry W. Minor,
The drivers were included in docket
Commercial Driver’s License number FMCSA–2015–0329. Their Associate Administrator for Policy.
Information System (CDLIS) and the exemptions are applicable as of June 27, [FR Doc. 2018–15546 Filed 7–19–18; 8:45 am]
Motor Carrier Management Information 2018, and will expire on June 27, 2020. BILLING CODE 4910–EX–P
System (MCMIS) are searched for crash As of June 29, 2018, and accordance
and violation data. For non-CDL with U.S.C. 31136(e) and 31315, the
holders, the Agency reviews the driving following 4 individuals have satisfied DEPARTMENT OF TRANSPORTATION
records from the State Driver’s the renewal conditions for obtaining an
Licensing Agency (SDLA). These factors Federal Motor Carrier Safety
exemption from the hearing requirement
provide an adequate basis for predicting Administration
in the FMCSRs for interstate CMV
each driver’s ability to continue to drivers. [Docket No. FMCSA–2017–0061]
safely operate a CMV in interstate
Andrew Dueschle (TX)
commerce. Therefore, FMCSA Qualification of Drivers; Exemption
Alfredo Ramirez (TX)
concludes that extending the exemption Julie Ramirez (TX) Applications; Hearing
for each of these drivers for a period of Hayden Teesdale (TX) AGENCY: Federal Motor Carrier Safety
two years is likely to achieve a level of
The drivers were included in docket Administration (FMCSA), DOT.
safety equal to that existing without the
exemption. number FMCSA–2014–0102. Their ACTION: Notice of applications for
As of June 17, 2018, and in exemptions are applicable June 29, exemption; request for comments.
accordance with 49 U.S.C. 31136(e) and 2018, and will expire on June 29, 2020.
SUMMARY: FMCSA announces receipt of
31315, the following 2 individuals have IV. Conditions and Requirements applications from 30 individuals for an
satisfied the renewal conditions for The exemptions are extended subject exemption from the hearing requirement
obtaining an exemption from the to the following conditions: (1) Each in the Federal Motor Carrier Safety
hearing requirement in the FMCSRs for driver must report any crashes or Regulations (FMCSRs) to operate a
interstate CMV drivers: accidents as defined in 49 CFR 390.5; commercial motor vehicle (CMV) in
Tanya Bland, (MD); and Joseph interstate commerce. If granted, the
and (2) report all citations and
Woodle (AL) exemptions would enable these hard of
convictions for disqualifying offenses
The drivers were included in docket hearing and deaf individuals to operate
under 49 CFR part 383 and 49 CFR 391
number FMCSA–2015–0326. Their CMVs in interstate commerce.
to FMCSA; and (3) each driver
exemptions are applicable as of June 17,
prohibited from operating a motorcoach DATES: Comments must be received on
2018, and will expire on June 17, 2020.
or bus with passengers in interstate or before August 20, 2018.
As of June 24, 2018, and in
commerce. The driver must also have a ADDRESSES: You may submit comments
accordance with 49 U.S.C. 31136(e) and
copy of the exemption when driving, for bearing the Federal Docket Management
31315, the following 4 individuals have
presentation to a duly authorized System (FDMS) Docket No. FMCSA–
satisfied the renewal conditions for
Federal, State, or local enforcement 2017–0061 using any of the following
obtaining an exemption from the
official. In addition, the exemption does methods:
hearing requirement in the FMCSRs for
interstate CMV drivers:
not exempt the individual from meeting • Federal eRulemaking Portal: Go to
the applicable CDL testing http://www.regulations.gov. Follow the
Paul Aseka (FL) requirements. Each exemption will be online instructions for submitting
John Dumars (FL) valid for two years unless rescinded comments.
Michael McCarthy (MN) earlier by FMCSA. The exemption will • Mail: Docket Management Facility;
Fernando Velasquez (TX) be rescinded if: (1) The person fails to U.S. Department of Transportation, 1200
The drivers were included in docket comply with the terms and conditions New Jersey Avenue SE, West Building
number FMCSA–2015–0328. Their of the exemption; (2) the exemption has Ground Floor, Room W12–140,
exemptions are applicable as of June 24, resulted in a lower level of safety than Washington, DC 20590–0001.
2018, and will expire on June 24, 2020. was maintained before it was granted; or • Hand Delivery: West Building
As of June 25, 2018, and in (3) continuation of the exemption would Ground Floor, Room W12–140, 1200
accordance with 49 U.S.C. 31136(e) and not be consistent with the goals and New Jersey Avenue SE, Washington,
31315, Daniel Tricolici (MA) has objectives of 49 U.S.C. 31136(e) and DC, between 9 a.m. and 5 p.m., e.t.,
satisfied the renewal conditions for 31315. Monday through Friday, except Federal
daltland on DSKBBV9HB2PROD with NOTICES
obtaining an exemption from the Holidays.
hearing requirement in the FMCSRs for V. Preemption • Fax: 1–202–493–2251.
interstate CMV drivers. During the period the exemption is in Instructions: Each submission must
This driver was included in docket effect, no State shall enforce any law or include the Agency name and the
number FMCSA–2015–0327. The regulation that conflicts with this docket number(s) for this notice. Note
exemption is applicable as of June 25, exemption with respect to a person that all comments received will be
2018, and will expire on June 25, 2020. operating under the exemption. posted without change to http://
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![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34651
Khaoe K. Smith determination any time after the close of www.regulations.gov and/or Room
Mr. Smith, age 42, holds a class A the comment period. W12–140 on the ground level of the
CDL in Georgia. West Building, 1200 New Jersey Avenue
V. Viewing Comments and Documents
SE, Washington, DC, between 9 a.m. and
Ronell Smith To view comments, as well as any 5 p.m., e.t., Monday through Friday,
Mr. Smith, age 47, holds an operator’s documents mentioned in this preamble, except Federal holidays.
license in California. go to http://www.regulations.gov and in Privacy Act: In accordance with 5
the search box insert the docket number U.S.C. 553(c), DOT solicits comments
Brandon Soto FMCSA–2017–0061 and click ‘‘Search.’’ from the public to better inform its
Mr. Soto, age 33, holds an operator’s Next, click ‘‘Open Docket Folder’’ and rulemaking process. DOT posts these
license in Missouri. you will find all documents and comments, without edit, including any
comments related to this notice. personal information the commenter
Bryan Soto
Issued on: July 13, 2018. provides, to http://www.regulations.gov,
Mr. Soto, age 29, holds an operator’s Larry W. Minor, as described in the system of records
license in Indiana. notice (DOT/ALL–14 FDMS), which can
Associate Administrator for Policy.
Brett E. Wanner [FR Doc. 2018–15575 Filed 7–19–18; 8:45 am]
be reviewed at http://www.dot.gov/
privacy.
Mr. Wanner, age 29, holds an BILLING CODE 4910–EX–P
operator’s license in Pennsylvania. II. Background
Michael C. Wilson DEPARTMENT OF TRANSPORTATION On May 29, 2018, FMCSA published
a notice announcing receipt of
Mr. Wilson, age 52, holds an applications from 36 individuals
operator’s license in Kentucky. Federal Motor Carrier Safety
Administration requesting an exemption from diabetes
III. Request for Comments requirement in 49 CFR 391.41(b)(3) and
[FMCSA Docket No. FMCSA–2018–0028]
In accordance with 49 U.S.C. 31136(e) requested comments from the public (83
and 31315, FMCSA requests public Qualification of Drivers; Exemption FR 24563). The public comment period
comment from all interested persons on Applications; Diabetes Mellitus ended on June 28, 2018, and no
the exemption petitions described in comments were received.
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility
this notice. We will consider all
Administration (FMCSA), DOT. of these applicants and determined that
comments received before the close of
business on the closing date indicated ACTION: Notice of final disposition. granting the exemptions to these
in the dates section of the notice. individuals would achieve a level of
SUMMARY: FMCSA announces its safety equivalent to or greater than the
IV. Submitting Comments decision to exempt 36 individuals from level that would be achieved by
the prohibition in the Federal Motor complying with the current regulation
You may submit your comments and
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
material online or by fax, mail, or hand
against persons with insulin-treated The physical qualification standard
delivery, but please use only one of
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in
these means. FMCSA recommends that
a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person
you include your name and a mailing
interstate commerce. The exemptions is physically qualified to drive a CMV
address, an email address, or a phone
enable these individuals with ITDM to if that person has no established
number in the body of your document
operate CMVs in interstate commerce. medical history or clinical diagnosis of
so that FMCSA can contact you if there
are questions regarding your DATES: The exemptions were applicable diabetes mellitus currently requiring
submission. on June 29, 2018. The exemptions insulin for control.
To submit your comment online, go to expire on June 29, 2020.
III. Discussion of Comments
http://www.regulations.gov and in the FOR FURTHER INFORMATION CONTACT: Ms.
search box insert the docket number Christine A. Hydock, Chief, Medical FMCSA received no comments in this
FMCSA–2017–0061 and click the search Programs Division, (202) 366–4001, proceeding.
button. When the new screen appears, fmcsamedical@dot.gov, FMCSA,
IV. Basis for Exemption Determination
click on the blue ‘‘Comment Now!’’ Department of Transportation, 1200
button on the right hand side of the New Jersey Avenue SE, Room W64–224, Under 49 U.S.C. 31136(e) and 31315,
page. On the new page, enter Washington, DC 20590–0001. Office FMCSA may grant an exemption from
information required including the hours are from 8:30 a.m. to 5 p.m., e.t., the diabetes standard in 49 CFR
specific section of this document to Monday through Friday, except Federal 391.41(b)(3) if the exemption is likely to
which each comment applies, and holidays. If you have questions achieve an equivalent or greater level of
provide a reason for each suggestion or regarding viewing or submitting safety than would be achieved without
recommendation. If you submit your material to the docket, contact Docket the exemption. The exemption allows
comments by mail or hand delivery, Services, telephone (202) 366–9826. the applicants to operate CMVs in
submit them in an unbound format, no SUPPLEMENTARY INFORMATION: interstate commerce.
larger than 81⁄2 by 11 inches, suitable for The Agency’s decision regarding these
copying and electronic filing. If you I. Electronic Access exemption applications is based on the
daltland on DSKBBV9HB2PROD with NOTICES
submit comments by mail and would You may see all the comments online program eligibility criteria and an
like to know that they reached the through the Federal Document individualized assessment of
facility, please enclose a stamped, self- Management System (FDMS) at: http:// information submitted by each
addressed postcard or envelope. www.regulations.gov. applicant. The qualifications,
We will consider all comments and Docket: For access to the docket to experience, and medical condition of
materials received during the comment read background documents or each applicant were stated and
period. FMCSA may issue a final comments, go to http:// discussed in detail in the May 29, 2018,
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Document Created: 2018-07-20 01:19:31
Document Modified: 2018-07-20 01:19:31
| 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 applications for exemption; request for comments. | |
| Dates | Comments must be received on or before August 20, 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 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 34649 |
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