83 FR 40620 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 158 (August 15, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 158 (August 15, 2018)
| Page Range | 40620-40621 | |
| FR Document | 2018-17589 |
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)] [Notices] [Pages 40620-40621] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17589] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2012-0322; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA- 2015-0329] Qualification of Drivers; Exemption Applications; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- 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. 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. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to 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. II. Background On June 18, 2018, FMCSA published a notice announcing its decision to renew exemptions for 19 individuals from the hearing standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested comments from the public (83 FR 28330). The public comment period ended on July 18, 2018, and no comments were received. As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(11). 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. 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). III. Discussion of Comments FMCSA received no comments in this preceding. IV. Conclusion Based upon its evaluation of the 19 renewal exemption applications, FMCSA announces its' decision to exempt the following drivers from the hearing requirement in 49 CFR 391.41 (b)(11): 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 FMCSRs for interstate CMV drivers (83 FR 6673). Andrew Alcozer (IL) Michael Beebe (NJ) Shayne Bumbalough (WA) Barry Carpenter (SC) Roman Landa (CA) Bryan McFarland (OH) [[Page 40621]] Jacob Paulin (WI) Ryan Pope (CA) Ronald Rutter (CA) Fernando R. Savon (TX) Russel Smith (OH) The drivers were included in docket number FMCSA-2012-0123. Their exemptions are applicable as of April 21, 2018, and will expire on April 21, 2020. 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 (83 FR 6673). Donald Lynch (SC); and Zachery Rietz (TX). The drivers were included in docket number FMCSA-2012-0322. Their exemptions are applicable April 23, 2018, and will expire on April 23, 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 FMCSRs for interstate CMV drivers (83 FR 6673). Kwinton Carpenter (OH); Darren Norquist (WI); and Andery Shevechenko (MN). The drivers were included in docket number FMCSA-2013-0122. Their exemptions are applicable as of April 24, 2018, and will expire on April 24, 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 FMCSRs for interstate CMV drivers (83 FR 6673). Tonya Bland, (MD); John Ferguson, (IL); and Michael McCarthy. The drivers were included in docket number FMCSA-2015-0329. Their exemptions are applicable as of April 27, 2018, and will expire on April 27, 2020. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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 prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: August 9, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-17589 Filed 8-14-18; 8:45 am] BILLING CODE 4910-EX-P
![40620 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
ADDRESSES: Send comments to the FAA DEPARTMENT OF TRANSPORTATION be reviewed at http://www.dot.gov/
at the following address: Barbara Hall, privacy.
Federal Aviation Administration, ASP– Federal Motor Carrier Safety
Administration II. Background
110, 10101 Hillwood Parkway, Fort
Worth, TX 76177. On June 18, 2018, FMCSA published
Public Comments Invited: You are [Docket No. FMCSA–2012–0322; FMCSA– a notice announcing its decision to
2013–0122; FMCSA–2013–0123; FMCSA– renew exemptions for 19 individuals
asked to comment on any aspect of this 2015–0329]
information collection, including (a) from the hearing standard in 49 CFR
Whether the proposed collection of Qualification of Drivers; Exemption 391.41(b)(11) to operate a CMV in
information is necessary for FAA’s Applications; Hearing interstate commerce and requested
performance; (b) the accuracy of the comments from the public (83 FR
estimated burden; (c) ways for FAA to AGENCY: Federal Motor Carrier Safety 28330). The public comment period
enhance the quality, utility and clarity Administration (FMCSA), DOT. ended on July 18, 2018, and no
of the information collection; and (d) ACTION: Notice of final disposition. comments were received.
ways that the burden could be As stated in the previous notice,
minimized without reducing the quality SUMMARY: FMCSA announces its FMCSA has evaluated the eligibility of
of the collected information. The agency decision to renew exemptions for 19 these applicants and determined that
will summarize and/or include your individuals from the hearing renewing these exemptions would
comments in the request for OMB’s requirement in the Federal Motor achieve a level of safety equivalent to or
clearance of this information collection. Carrier Safety Regulations (FMCSRs) for greater than the level that would be
FOR FURTHER INFORMATION CONTACT:
interstate commercial motor vehicle achieved by complying with the current
Barbara Hall by email at: (CMV) drivers. The exemptions enable regulation 49 CFR 391.41(b)(11).
Barbara.L.Hall@faa.gov; phone: 940– these hard of hearing and deaf The physical qualification standard
594–5913. individuals to continue to operate CMVs for drivers regarding hearing found in
in interstate commerce. 49 CFR 391.41(b)(11) states that a
SUPPLEMENTARY INFORMATION: OMB
DATES: Each group of renewed person is physically qualified to drive a
Control Number: 2120–0605.
Title: QSA Customer Feedback exemptions were applicable on the CMV if that person first perceives a
Report. dates stated in the discussions below forced whispered voice in the better ear
Form Numbers: FAA Form 8100–7. and will expire on the dates stated in at not less than 5 feet with or without
Type of Review: Renewal of an the discussions below. the use of a hearing aid or, if tested by
information collection. FOR FURTHER INFORMATION CONTACT: Ms.
use of an audiometric device, does not
Background: The information Christine A. Hydock, Chief, Medical have an average hearing loss in the
collection is voluntary and is collected Programs Division, 202–366–4001, better ear greater than 40 decibels at 500
by way of a self-addressed stamped fmcsamedical@dot.gov, FMCSA, Hz, 1,000 Hz, and 2,000 Hz with or
envelope. The information collected is Department of Transportation, 1200 without a hearing aid when the
used by the local field offices, New Jersey Avenue SE, Room W64–224, audiometric device is calibrated to
manufacturing inspection offices and Washington, DC 20590–0001. Office American National Standard (formerly
the surveillance and oversight policy hours are from 8:30 a.m. to 5 p.m., e.t., ASA Standard) Z24.5–1951.
section of AIR–600 to improve the Monday through Friday, except Federal 49 CFR 391.41(b)(11) was adopted in
administration and conduct of the QSA holidays. If you have questions 1970, with a revision in 1971 to allow
at the local and national levels. regarding viewing or submitting drivers to be qualified under this
Improvements to FAA Order 8120.23, material to the docket, contact Docket standard while wearing a hearing aid,
Certificate Management of Production Services, telephone (202) 366–9826. 35 FR 6458, 6463 (April 22, 1970) and
Approval Holders, have been and will 36 FR 12857 (July 3, 1971).
SUPPLEMENTARY INFORMATION:
continue to be incorporated as a result III. Discussion of Comments
of the on-going collection of data. It will I. Electronic Access
FMCSA received no comments in this
also be used for reporting as a Customer You may see all the comments online preceding.
Service Standard in fulfillment of through the Federal Document
Executive Order 12862, Setting Management System (FDMS) at: http:// IV. Conclusion
Customer Service Standards, dated www.regulations.gov. Based upon its evaluation of the 19
September 11, 1993. Docket: For access to the docket to renewal exemption applications,
Respondents: Approximately 150 read background documents or FMCSA announces its’ decision to
holders of FAA production approvals comments, go to http:// exempt the following drivers from the
and selected suppliers. www.regulations.gov and/or Room hearing requirement in 49 CFR 391.41
Frequency: Information is collected W12–140 on the ground level of the (b)(11):
on occasion. West Building, 1200 New Jersey Avenue As of April 21, 2018, and in
Estimated Average Burden per SE, Washington, DC, between 9 a.m. and accordance with 49 U.S.C. 31136(e) and
Response: 30 minutes. 5 p.m., e.t., Monday through Friday, 31315, the following 11 individuals
Estimated Total Annual Burden: 100 except Federal holidays. have satisfied the renewal conditions for
hours. Privacy Act: In accordance with 5 obtaining an exemption from the
Issued in Washington, DC, on August 9, U.S.C. 553(c), DOT solicits comments hearing requirement in the FMCSRs for
daltland on DSKBBV9HB2PROD with NOTICES
2018. from the public to better inform its interstate CMV drivers (83 FR 6673).
Robin Darden, rulemaking process. DOT posts these Andrew Alcozer (IL)
Management Support Specialist, comments, without edit, including any Michael Beebe (NJ)
Performance, Policy, and Records personal information the commenter Shayne Bumbalough (WA)
Management Branch, ASP–110. provides, to http://www.regulations.gov, Barry Carpenter (SC)
[FR Doc. 2018–17598 Filed 8–14–18; 8:45 am] as described in the system of records Roman Landa (CA)
BILLING CODE 4910–13–P notice (DOT/ALL–14 FDMS), which can Bryan McFarland (OH)
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![Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40621
Jacob Paulin (WI) Issued on: August 9, 2018. Instructions: Each submission must
Ryan Pope (CA) Larry W. Minor, include the Agency name and the
Ronald Rutter (CA) Associate Administrator for Policy. docket number(s) for this notice. Note
Fernando R. Savon (TX) [FR Doc. 2018–17589 Filed 8–14–18; 8:45 am] that all comments received will be
BILLING CODE 4910–EX–P
posted without change to http://
Russel Smith (OH) www.regulations.gov, including any
The drivers were included in docket personal information provided. Please
number FMCSA–2012–0123. Their DEPARTMENT OF TRANSPORTATION see the Privacy Act heading below for
exemptions are applicable as of April further information.
21, 2018, and will expire on April 21, Federal Motor Carrier Safety Docket: For access to the docket to
2020. Administration read background documents or
As of April 23, 2018, and in comments, go to http://
accordance with 49 U.S.C. 31136(e) and [Docket No. FMCSA–2010–0188; FMCSA– www.regulations.gov at any time or
31315, the following 2 individuals have 2012–0164; FMCSA–2014–0019; FMCSA– Room W12–140 on the ground level of
satisfied the renewal conditions for 2014–0020; FMCSA–2016–0043; FMCSA– the West Building, 1200 New Jersey
2016–0216; FMCSA–2016–0218; FMCSA– Avenue, SE, Washington, DC, between 9
obtaining an exemption from the 2016–0219]
hearing requirement in the FMCSRs for a.m. and 5 p.m., e.t., Monday through
interstate CMV drivers (83 FR 6673). Qualification of Drivers; Exemption Friday, except Federal holidays. The
Donald Lynch (SC); and Zachery Rietz Applications; Diabetes FDMS is available 24 hours each day
(TX). e.t., 365 days each year. If you want
The drivers were included in docket AGENCY: Federal Motor Carrier Safety acknowledgment that we received your
number FMCSA–2012–0322. Their Administration (FMCSA), DOT. comments, please include a self-
exemptions are applicable April 23, ACTION: Notice of renewal of addressed, stamped envelope or
2018, and will expire on April 23, 2020. exemptions; request for comments. postcard or print the acknowledgement
page that appears after submitting
As of April 24, 2018, and in SUMMARY: FMCSA announces its comments online.
accordance with 49 U.S.C. 31136(e) and decision to renew exemptions for 192 Privacy Act: In accordance with 5
31315, the following 3 individuals have individuals from its prohibition in the U.S.C. 553(c), DOT solicits comments
satisfied the renewal conditions for Federal Motor Carrier Safety from the public to better inform its
obtaining an exemption from the Regulations (FMCSRs) against persons rulemaking process. DOT posts these
hearing requirement in the FMCSRs for with insulin-treated diabetes mellitus comments, without edit, including any
interstate CMV drivers (83 FR 6673). (ITDM) from operating commercial personal information the commenter
Kwinton Carpenter (OH); Darren motor vehicles (CMVs) in interstate provides, to http://www.regulations.gov,
Norquist (WI); and Andery Shevechenko commerce. The exemptions enable these as described in the system of records
(MN). individuals with ITDM to continue to notice (DOT/ALL–14 FDMS), which can
The drivers were included in docket operate CMVs in interstate commerce. be reviewed at http://www.dot.gov/
number FMCSA–2013–0122. Their DATES: Each group of renewed privacy.
exemptions are applicable as of April exemptions were applicable on the
24, 2018, and will expire on April 24, FOR FURTHER INFORMATION CONTACT: Ms.
dates stated in the discussions below Christine A. Hydock, Chief, Medical
2020. and will expire on the dates stated in Programs Division, 202–366–4001,
As of April 27, 2018, and in the discussions below. Comments must fmcsamedical@dot.gov, FMCSA,
accordance with 49 U.S.C. 31136(e) and be received on or before September 14, Department of Transportation, 1200
31315, the following 3 individuals have 2018. New Jersey Avenue SE, Room W64–224,
satisfied the renewal conditions for ADDRESSES: You may submit comments Washington, DC 20590–0001. Office
obtaining an exemption from the bearing the Federal Docket Management hours are from 8:30 a.m. to 5:30 p.m.,
hearing requirement in the FMCSRs for System (FDMS) Docket No. FMCSA– e.t., Monday through Friday, except
interstate CMV drivers (83 FR 6673). 2010–0188; FMCSA–2012–0164; Federal holidays. If you have questions
Tonya Bland, (MD); John Ferguson, FMCSA–2014–0019; FMCSA–2014– regarding viewing or submitting
(IL); and Michael McCarthy. 0020; FMCSA–2016–0043; FMCSA– material to the docket, contact Docket
The drivers were included in docket 2016–0216; FMCSA–2016–0218; Services, telephone (202) 366–9826.
number FMCSA–2015–0329. Their FMCSA–2016–0219 using any of the SUPPLEMENTARY INFORMATION:
exemptions are applicable as of April following methods:
27, 2018, and will expire on April 27, • Federal eRulemaking Portal: Go to I. Background
2020. http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
In accordance with 49 U.S.C. 31315, online instructions for submitting FMCSA may grant an exemption for five
each exemption will be valid for two comments. years if it finds ‘‘such exemption would
years from the effective date unless • Mail: Docket Management Facility; likely achieve a level of safety that is
revoked earlier by FMCSA. The U.S. Department of Transportation, 1200 equivalent to or greater than the level
exemption will be revoked if the New Jersey Avenue SE, West Building that would be achieved absent such
following occurs: (1) The person fails to Ground Floor, Room W12–140, exemption.’’ The statute also allows the
comply with the terms and conditions Washington, DC 20590–0001. Agency to renew exemptions at the end
daltland on DSKBBV9HB2PROD with NOTICES
of the exemption; (2) the exemption has • Hand Delivery: West Building of the five-year period. FMCSA grants
resulted in a lower level of safety than Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two-
was maintained prior to being granted; New Jersey Avenue SE, Washington, year period to align with the maximum
or (3) continuation of the exemption DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical
would not be consistent with the goals Monday through Friday, except Federal certification.
and objectives of 49 U.S.C. 31136 and Holidays. The physical qualification standard
31315. • Fax: 1–202–493–2251. for drivers regarding diabetes found in
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Document Created: 2018-08-15 01:26:49
Document Modified: 2018-08-15 01:26:49
| 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 final disposition. | |
| 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. | |
| 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 40620 |
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