83_FR_45919 83 FR 45744 - Qualification of Drivers; Exemption Applications; Hearing

83 FR 45744 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range45744-45745
FR Document2018-19563

FMCSA announces its decision to renew exemptions for 2 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.

Federal Register, Volume 83 Issue 175 (Monday, September 10, 2018) 
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45744-45745]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19563]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332; FMCSA-2014-0385]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 2 
individuals from the hearing requirement in the Federal Motor Carrier 
Safety Regulations (FMCSRs) for interstate commercial motor vehicle 
(CMV) drivers. The exemptions enable these hard of hearing and deaf 
individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before October 
10, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0332; FMCSA-2014-0385 
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://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, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for five years if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to or greater than the level that 
would be achieved absent such exemption.'' The statute also allows the 
Agency to renew exemptions at the end of the five-year period. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding hearing 
found in 49 CFR 391.41(b)(11) states that a person is physically 
qualified to driver a CMV if that person first perceives a forced 
whispered voice in the better ear at not less than 5 feet with or 
without the use of a hearing aid or, if tested by use of an audiometric 
device, does not have an average hearing loss in the better ear greater 
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a 
hearing aid when the audiometric device is calibrated to American 
National Standard (formerly ASA Standard) Z24.5--1951.
    49 CFR 391.41(b)(11) was adopted in 1970, with a revision in 1971 
to allow drivers to be qualified under this standard while wearing a 
hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 
1971).
    The 2 individuals listed in this notice have requested renewal of 
their exemptions from the hearing standard in 49 CFR 391.41(b)(11), in 
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits and decided to extend 
each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will

[[Page 45745]]

take immediate steps to revoke the exemption of a driver.

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the 2 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The 2 drivers in this notice 
remain in good standing with the Agency. In addition, for Commercial 
Driver's License (CDL) holders, the Commercial Driver's License 
Information System (CDLIS) and the Motor Carrier Management Information 
System (MCMIS) are searched for crash and violation data. For non-CDL 
holders, the Agency reviews the driving records from the State Driver's 
Licensing Agency (SDLA). These factors provide an adequate basis for 
predicting each driver's ability to continue to safely operate a CMV in 
interstate commerce. Therefore, FMCSA concludes that extending the 
exemption for each of these drivers for a period of two years is likely 
to achieve a level of safety equal to that existing without the 
exemption.
    As of 08/13/2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, Keith Byrd (TN) has satisfied the renewal conditions for 
obtaining an exemption from the hearing requirement in the FMCSRs for 
interstate CMV drivers.
    This driver was included in docket number FMCSA-2014-0385. The 
exemption is applicable as of 08/13/2018, and will expire on 08/13/
2020.
    As of 08/23/2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, Byron Smith (TX) has satisfied the renewal conditions for 
obtaining an exemption from the hearing requirement in the FMCSRs for 
interstate CMV drivers.
    This driver was included in docket number FMCSA-2012-0332. The 
exemption is applicable as of 08/23/2018, and will expire on 08/23/
2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must report any crashes or accidents as defined in 49 
CFR 390.5; and (2) report all citations and convictions for 
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA; 
and (3) each driver prohibited from operating a motorcoach or bus with 
passengers in interstate commerce. The driver must also have a copy of 
the exemption when driving, for presentation to a duly authorized 
Federal, State, or local enforcement official. In addition, the 
exemption does not exempt the individual from meeting the applicable 
CDL testing requirements. Each exemption will be valid for two years 
unless rescinded earlier by FMCSA. The exemption will be rescinded if: 
(1) The person fails to comply with the terms and conditions of the 
exemption; (2) the exemption has resulted in a lower level of safety 
than was maintained before it was granted; or (3) continuation of the 
exemption would not be consistent with the goals and objectives of 49 
U.S.C. 31136(e) and 31315.

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 2 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the hearing 
requirement in 49 CFR 391.41 (b)(11). In accordance with 49 U.S.C. 
31136(e) and 31315, each exemption will be valid for two years unless 
revoked earlier by FMCSA.

    Issued on: August 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19563 Filed 9-7-18; 8:45 am]
 BILLING CODE 4910-EX-P

45744 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices operating a CMV under this exemption, dates stated in the discussions below New Jersey Avenue SE, Room W64–224, the driver must be accompanied by a and will expire on the dates stated in Washington, DC 20590–0001. Office holder of a U.S. CDL who is familiar the discussions below. Comments must hours are from 8:30 a.m. to 5 p.m., e.t., with the routes traveled; (5) Daimler be received on or before October 10, Monday through Friday, except Federal must notify FMCSA in writing within 5 2018. holidays. If you have questions business days of any accident, as ADDRESSES: You may submit comments regarding viewing or submitting defined in 49 CFR 390.5, involving this bearing the Federal Docket Management material to the docket, contact Docket driver; and (6) Daimler must notify System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. FMCSA in writing if this driver is 2012–0332; FMCSA–2014–0385 using SUPPLEMENTARY INFORMATION: convicted of a disqualifying offense any of the following methods: under § 383.51 or § 391.15 of the I. Background • Federal eRulemaking Portal: Go to FMCSRs. 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 and 31136(e), the exemption will be years if it finds ‘‘such exemption would comments. valid for 5 years unless revoked earlier • Mail: Docket Management Facility; likely achieve a level of safety that is by the FMCSA. The exemption will be U.S. Department of Transportation, 1200 equivalent to or greater than the level revoked if: (1) Mr. Veber fails to comply New Jersey Avenue SE, West Building that would be achieved absent such with the terms and conditions of the Ground Floor, Room W12–140, exemption.’’ The statute also allows the exemption; (2) the exemption results in Washington, DC 20590–0001. Agency to renew exemptions at the end a lower level of safety than was • Hand Delivery: West Building of the five-year period. FMCSA grants maintained before it was granted; or (3) Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two- continuation of the exemption would be New Jersey Avenue SE, Washington, year period to align with the maximum inconsistent with the goals and DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical objectives of 49 U.S.C. 31315 and 31136. Monday through Friday, except Federal certification. The physical qualification standard VIII. Preemption Holidays. • Fax: 1–202–493–2251. for drivers regarding hearing found in In accordance with 49 U.S.C. 49 CFR 391.41(b)(11) states that a Instructions: Each submission must 31315(d), as implemented by 49 CFR person is physically qualified to driver include the Agency name and the 381.600, during the period this a CMV if that person first perceives a docket number(s) for this notice. Note exemption is in effect, no State shall forced whispered voice in the better ear that all comments received will be enforce any law or regulation applicable at not less than 5 feet with or without posted without change to http:// to interstate or intrastate commerce that the use of a hearing aid or, if tested by www.regulations.gov, including any conflicts with or is inconsistent with use of an audiometric device, does not personal information provided. Please this exemption with respect to a firm or have an average hearing loss in the see the Privacy Act heading below for person operating under the exemption. better ear greater than 40 decibels at 500 further information. Issued on: August 30, 2018. Docket: For access to the docket to Hz, 1,000 Hz, and 2,000 Hz with or Raymond P. Martinez, read background documents or without a hearing aid when the Administrator. comments, go to http:// audiometric device is calibrated to www.regulations.gov at any time or American National Standard (formerly [FR Doc. 2018–19636 Filed 9–7–18; 8:45 am] Room W12–140 on the ground level of ASA Standard) Z24.5—1951. BILLING CODE 4910–EX–P the West Building, 1200 New Jersey 49 CFR 391.41(b)(11) was adopted in Avenue SE, Washington, DC, between 9 1970, with a revision in 1971 to allow a.m. and 5 p.m., e.t., Monday through drivers to be qualified under this DEPARTMENT OF TRANSPORTATION Friday, except Federal holidays. The standard while wearing a hearing aid, Federal Motor Carrier Safety FDMS is available 24 hours each day, 35 FR 6458, 6463 (April 22, 1970) and Administration 365 days each year. If you want 36 FR 12857 (July 3, 1971). The 2 individuals listed in this notice [Docket No. FMCSA–2012–0332; FMCSA– acknowledgment that we received your have requested renewal of their 2014–0385] comments, please include a self- exemptions from the hearing standard addressed, stamped envelope or Qualification of Drivers; Exemption in 49 CFR 391.41(b)(11), in accordance postcard or print the acknowledgement Applications; Hearing with FMCSA procedures. Accordingly, page that appears after submitting FMCSA has evaluated these AGENCY: Federal Motor Carrier Safety comments online. applications for renewal on their merits Privacy Act: In accordance with 5 Administration (FMCSA), DOT. and decided to extend each exemption U.S.C. 553(c), DOT solicits comments ACTION: Notice of renewal of for a renewable two-year period. from the public to better inform its exemptions; request for comments. rulemaking process. DOT posts these II. Request for Comments SUMMARY: FMCSA announces its comments, without edit, including any Interested parties or organizations decision to renew exemptions for 2 personal information the commenter possessing information that would individuals from the hearing provides, to http://www.regulations.gov, otherwise show that any, or all, of these requirement in the Federal Motor as described in the system of records drivers are not currently achieving the Carrier Safety Regulations (FMCSRs) for notice (DOT/ALL–14 FDMS), which can statutory level of safety should daltland on DSKBBV9HB2PROD with NOTICES interstate commercial motor vehicle be reviewed at http://www.dot.gov/ immediately notify FMCSA. The (CMV) drivers. The exemptions enable privacy. Agency will evaluate any adverse these hard of hearing and deaf FOR FURTHER INFORMATION CONTACT: Ms. evidence submitted and, if safety is individuals to continue to operate CMVs Christine A. Hydock, Chief, Medical being compromised or if continuation of in interstate commerce. Programs Division, 202–366–4001, the exemption would not be consistent DATES: Each group of renewed fmcsamedical@dot.gov, FMCSA, with the goals and objectives of 49 exemptions were applicable on the Department of Transportation, 1200 U.S.C. 31136(e) and 31315, FMCSA will VerDate Sep<11>2014 17:54 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 E:\FR\FM\10SEN1.SGM 10SEN1

Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45745 take immediate steps to revoke the the applicable CDL testing • Federal eRulemaking Portal: Go to exemption of a driver. requirements. Each exemption will be http://www.regulations.gov. Follow the valid for two years unless rescinded online instructions for submitting III. Basis for Renewing Exemptions earlier by FMCSA. The exemption will comments. In accordance with 49 U.S.C. 31136(e) be rescinded if: (1) The person fails to • Mail: Docket Management Facility; and 31315, each of the 2 applicants has comply with the terms and conditions U.S. Department of Transportation, 1200 satisfied the renewal conditions for of the exemption; (2) the exemption has New Jersey Avenue SE, West Building obtaining an exemption from the resulted in a lower level of safety than Ground Floor, Room W12–140, hearing requirement. The 2 drivers in was maintained before it was granted; or Washington, DC 20590–0001. this notice remain in good standing with (3) continuation of the exemption would • Hand Delivery: West Building the Agency. In addition, for Commercial not be consistent with the goals and Ground Floor, Room W12–140, 1200 Driver’s License (CDL) holders, the objectives of 49 U.S.C. 31136(e) and New Jersey Avenue SE, Washington, Commercial Driver’s License 31315. DC, between 9 a.m. and 5 p.m., e.t., Information System (CDLIS) and the Monday through Friday, except Federal Motor Carrier Management Information V. Preemption Holidays. System (MCMIS) are searched for crash During the period the exemption is in • Fax: 1–202–493–2251. and violation data. For non-CDL effect, no State shall enforce any law or holders, the Agency reviews the driving Instructions: Each submission must regulation that conflicts with this include the Agency name and the records from the State Driver’s exemption with respect to a person Licensing Agency (SDLA). These factors docket number(s) for this notice. Note operating under the exemption. that all comments received will be provide an adequate basis for predicting each driver’s ability to continue to VI. Conclusion posted without change to http:// safely operate a CMV in interstate Based upon its evaluation of the 2 www.regulations.gov, including any commerce. Therefore, FMCSA exemption applications, FMCSA renews personal information provided. Please concludes that extending the exemption the exemptions of the aforementioned see the Privacy Act heading below for for each of these drivers for a period of drivers from the hearing requirement in further information. two years is likely to achieve a level of 49 CFR 391.41 (b)(11). In accordance Docket: For access to the docket to safety equal to that existing without the with 49 U.S.C. 31136(e) and 31315, each read background documents or exemption. exemption will be valid for two years comments, go to http:// As of 08/13/2018, and in accordance unless revoked earlier by FMCSA. www.regulations.gov at any time or with 49 U.S.C. 31136(e) and 31315, Room W12–140 on the ground level of Issued on: August 30, 2018. the West Building, 1200 New Jersey Keith Byrd (TN) has satisfied the Larry W. Minor, Avenue SE, Washington, DC, between 9 renewal conditions for obtaining an exemption from the hearing requirement Associate Administrator for Policy. a.m. and 5 p.m., e.t., Monday through in the FMCSRs for interstate CMV [FR Doc. 2018–19563 Filed 9–7–18; 8:45 am] Friday, except Federal holidays. The drivers. BILLING CODE 4910–EX–P FDMS is available 24 hours each day, This driver was included in docket 365 days each year. If you want number FMCSA–2014–0385. The acknowledgment that we received your exemption is applicable as of 08/13/ DEPARTMENT OF TRANSPORTATION comments, please include a self- 2018, and will expire on 08/13/2020. addressed, stamped envelope or As of 08/23/2018, and in accordance Federal Motor Carrier Safety postcard or print the acknowledgement with 49 U.S.C. 31136(e) and 31315, Administration page that appears after submitting Byron Smith (TX) has satisfied the [Docket No. FMCSA–2018–0135] comments online. renewal conditions for obtaining an Privacy Act: In accordance with 5 exemption from the hearing requirement Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments in the FMCSRs for interstate CMV Applications; Hearing from the public to better inform its drivers. rulemaking process. DOT posts these AGENCY: Federal Motor Carrier Safety This driver was included in docket comments, without edit, including any Administration (FMCSA), DOT. number FMCSA–2012–0332. The personal information the commenter exemption is applicable as of 08/23/ ACTION: Notice of applications for provides, to http://www.regulations.gov, 2018, and will expire on 08/23/2020. exemption; request for comments. as described in the system of records IV. Conditions and Requirements SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can applications from 30 individuals for an be reviewed at http://www.dot.gov/ The exemptions are extended subject privacy. to the following conditions: (1) Each exemption from the hearing requirement driver must report any crashes or in the Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. accidents as defined in 49 CFR 390.5; Regulations (FMCSRs) to operate a Christine A. Hydock, Chief, Medical and (2) report all citations and commercial motor vehicle (CMV) in Programs Division, (202) 366–4001, convictions for disqualifying offenses interstate commerce. If granted, the fmcsamedical@dot.gov, FMCSA, under 49 CFR part 383 and 49 CFR 391 exemptions would enable these hard of Department of Transportation, 1200 to FMCSA; and (3) each driver hearing and deaf individuals to operate New Jersey Avenue SE, Room W64–224, prohibited from operating a motorcoach CMVs in interstate commerce. Washington, DC 20590–0001. Office daltland on DSKBBV9HB2PROD with NOTICES or bus with passengers in interstate DATES: Comments must be received on hours are 8:30 a.m. to 5 p.m., e.t., commerce. The driver must also have a or before October 10, 2018. Monday through Friday, except Federal copy of the exemption when driving, for ADDRESSES: You may submit comments holidays. If you have questions presentation to a duly authorized bearing the Federal Docket Management regarding viewing or submitting Federal, State, or local enforcement System (FDMS) Docket No. FMCSA– material to the docket, contact Docket official. In addition, the exemption does 2018–0135 using any of the following Services, telephone (202) 366–9826. not exempt the individual from meeting methods: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:54 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 E:\FR\FM\10SEN1.SGM 10SEN1


Document Created: 2018-09-08 00:43:26
Document Modified: 2018-09-08 00:43:26
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 renewal of exemptions; request for comments.
DatesEach group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before October 10, 2018.
ContactMs. 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 Citation83 FR 45744 
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