83 FR 45745 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 175 (September 10, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 175 (September 10, 2018)
| Page Range | 45745-45747 | |
| FR Document | 2018-19564 |
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)] [Notices] [Pages 45745-45747] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19564] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0135] 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 October 10, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0135 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, [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: [[Page 45746]] 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 David Alagna Mr. Alagna, age 50, holds an operator's license in Illinois. Matthew H. Albrecht Mr. Albrecht, age 51, holds an operator's license in Pennsylvania. Raymond Amundson Mr. Amundson, age 66, holds a class A CDL in Oklahoma. Michael Arwood Mr. Arwood, age 41, holds an operator's license in Tennessee. Jonathan D. Ball Mr. Ball, age 51, holds a class A CDL in Pennsylvania. Gerald Bennett Mr. Bennett, age 39, holds an operator's license in New Hampshire. Dominick Booker Mr. Booker, age 25, holds an operator's license in Pennsylvania. Michael Boarman Mr. Boarman, age 34, holds an operator's license in Colorado. Russell Brannan Mr. Brannan, age 62, holds a class A CDL in Georgia. Gerald Buoniconti Mr. Buoniconti, age 54, holds a class A CDL in Massachusetts. Like C. Bundrum Mr. Bundrum, age 21, holds an operator's license in Georgia. Steven D. Chambers Mr. Chambers, age 65, holds a class A CDL in Oklahoma. Michael Dohanish Mr. Dohanish, age 41, holds an operator's license in Ohio. Ralph K. Domel Mr. Domel, age 70, holds a class A CDL in Texas. Jacquelyn Hetherington Ms. Hetherington, age 52, holds an operator's license in Oklahoma. Julian Koch Mr. Koch, age 31, holds an operator's license in Texas. Jeremy Lampart Mr. Lampard, age 41, holds an operator's license in South Carolina. Jay Larson Mr. Larson, age 45, holds an operator's license in Texas. Thomas E. McLaughlin Mr. McLaughlin, age 56, holds an operator's license in New York. Dustin R. Miller Mr. Miller, age 39, holds a class A CDL in Michigan. Eric D. Peer Mr. Peer, age 49, holds an operator's license in Deleware. Jose B. Ramirez Mr. Ramirez, age 32, holds an operator's license in Illinois. Donald Reamsayder Mr. Reamsayder, age 56, holds an operator's license in Florida. Kenneth W. Reimer Mr. Reimer, age 78, holds a class A CDL in Wisconsin. Troy Rolland Mr. Rolland, age 58, holds an operator's license in Texas. Thomas D. Sneer Mr. Sneer, age 61, holds a class A CDL in Minnesota. Carlos Talamantes Mr. Talamantes, age 43, holds an operator's license in Texas. Kenneth Weaver Mr. Weaver, age 52, holds an operator's license in Texas. Paul Whetstone Mr. Whetstone, age 41, holds an operator's license in Arizona. Jason Wynne Mr. Wynne, age 46, holds an operator's license in Texas. 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-2017-0060 and click the search [[Page 45747]] 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-2017-0060 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: August 30, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-19564 Filed 9-7-18; 8:45 am] BILLING CODE 4910-EX-P
![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:
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![Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45747
button. When the new screen appears, DEPARTMENT OF TRANSPORTATION Docket: For access to the docket to
click on the blue ‘‘Comment Now!’’ read background documents or
button on the right hand side of the Federal Motor Carrier Safety comments, go to http://
page. On the new page, enter Administration www.regulations.gov and/or Room
information required including the W12–140 on the ground level of the
[Docket No. FMCSA–1999–6480; FMCSA–
specific section of this document to West Building, 1200 New Jersey Avenue
2000–7363; FMCSA–2001–10578; FMCSA–
which each comment applies, and 2003–15892; FMCSA–2003–16564; FMCSA– SE, Washington, DC, between 9 a.m. and
provide a reason for each suggestion or 2004–17195; FMCSA–2005–23099; FMCSA– 5 p.m., e.t., Monday through Friday,
recommendation. If you submit your 2006–24015; FMCSA–2007–0071; FMCSA– except Federal holidays.
comments by mail or hand delivery, 2007–26653; FMCSA–2007–27897; FMCSA– Privacy Act: In accordance with 5
2007–28695; FMCSA–2008–0021; FMCSA– U.S.C. 553(c), DOT solicits comments
submit them in an unbound format, no
2009–0303; FMCSA–2009–0321; FMCSA– from the public to better inform its
larger than 81⁄2 by 11 inches, suitable for 2010–0050; FMCSA–2011–0324; FMCSA–
copying and electronic filing. If you rulemaking process. DOT posts these
2011–0365; FMCSA–2011–0366; FMCSA–
submit comments by mail and would comments, without edit, including any
2011–0378; FMCSA–2011–0379; FMCSA–
personal information the commenter
like to know that they reached the 2011–0380; FMCSA–2012–0040; FMCSA–
2012–0104; FMCSA–2013–0029; FMCSA– provides, to http://www.regulations.gov,
facility, please enclose a stamped, self-
2013–0030; FMCSA–2013–0165; FMCSA– as described in the system of records
addressed postcard or envelope.
2013–0167; FMCSA–2013–0168; FMCSA– notice (DOT/ALL–14 FDMS), which can
We will consider all comments and 2013–0170; FMCSA–2013–0174; FMCSA– be reviewed at http://www.dot.gov/
materials received during the comment 2014–0002; FMCSA–2014–0003; FMCSA– privacy.
period. FMCSA may issue a final 2014–0004; FMCSA–2015–0070; FMCSA–
2015–0071; FMCSA–2015–0072; FMCSA– II. Background
determination any time after the close of
2015–0344; FMCSA–2015–0347; FMCSA–
the comment period. On June 18, 2018, FMCSA published
2015–0348; FMCSA–2015–0350; FMCSA–
2015–0351; FMCSA–2016–0024; FMCSA– a notice announcing its decision to
V. Viewing Comments and Documents renew exemptions for 95 individuals
2016–0025; FMCSA–2016–0027]
To view comments, as well as any from the vision requirement in 49 CFR
documents mentioned in this preamble, Qualification of Drivers; Exemption 391.41(b)(10) to operate a CMV in
go to http://www.regulations.gov and in Applications; Vision interstate commerce and requested
comments from the public (83 FR
the search box insert the docket number AGENCY: Federal Motor Carrier Safety 28332). The public comment period
FMCSA–2017–0060 and click ‘‘Search.’’ Administration (FMCSA), DOT. ended on July 18, 2018, and no
Next, click ‘‘Open Docket Folder’’ and ACTION: Notice of final disposition. comments were received.
you will find all documents and
As stated in the previous notice,
comments related to this notice. SUMMARY: FMCSA announces its
FMCSA has evaluated the eligibility of
Issued on: August 30, 2018. decision to renew exemptions for 95
these applicants and determined that
individuals from the vision requirement
Larry W. Minor, renewing these exemptions would
in the Federal Motor Carrier Safety
Associate Administrator for Policy. achieve a level of safety equivalent to or
Regulations (FMCSRs) for interstate
[FR Doc. 2018–19564 Filed 9–7–18; 8:45 am]
greater than the level that would be
commercial motor vehicle (CMV)
achieved by complying with the current
BILLING CODE 4910–EX–P drivers. The exemptions enable these
regulation 49 CFR 391.41(b)(10).
individuals to continue to operate CMVs
The physical qualification standard
in interstate commerce without meeting
for drivers regarding vision found in 49
the vision requirement in one eye.
CFR 391.41(b)(10) states that a person is
DATES: Each group of renewed physically qualified to drive a CMV if
exemptions were applicable on the that person has distant visual acuity of
dates stated in the discussions below at least 20/40 (Snellen) in each eye
and will expire on the dates stated in without corrective lenses or visual
the discussions below. acuity separately corrected to 20/40
FOR FURTHER INFORMATION CONTACT: Ms. (Snellen) or better with corrective
Christine A. Hydock, Chief, Medical lenses, distant binocular acuity of a least
Programs Division, 202–366–4001, 20/40 (Snellen) in both eyes with or
fmcsamedical@dot.gov, FMCSA, without corrective lenses, field of vision
Department of Transportation, 1200 of at least 70° in the horizontal meridian
New Jersey Avenue SE, Room W64–224, in each eye, and the ability to recognize
Washington, DC 20590–0001. Office the colors of traffic signals and devices
hours are from 8:30 a.m. to 5 p.m., e.t., showing red, green, and amber.
Monday through Friday, except Federal
holidays. If you have questions III. Discussion of Comments
regarding viewing or submitting FMCSA received no comments in this
material to the docket, contact Docket preceding.
Services, telephone (202) 366–9826.
daltland on DSKBBV9HB2PROD with NOTICES
IV. Conclusion
SUPPLEMENTARY INFORMATION:
Based upon its evaluation of the 95
I. Electronic Access renewal exemption applications and
You may see all the comments online comments received, FMCSA confirms
through the Federal Document its decision to exempt the following
Management System (FDMS) at: http:// drivers from the vision requirement in
www.regulations.gov. 49 CFR 391.41 (b)(10):
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Document Created: 2018-09-08 00:42:51
Document Modified: 2018-09-08 00:42:51
| 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 October 10, 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 45745 |
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