83_FR_45928 83 FR 45753 - Qualification of Drivers; Exemption Applications; Hearing

83 FR 45753 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range45753-45753
FR Document2018-19575

FMCSA announces its decision to renew exemptions for 3 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]
[Page 45753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19575]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0328]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 3 
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: The exemptions were applicable on May 18, 2018. The exemptions 
expire on May 18, 2020.

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 3 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 28319). 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 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).

III. Discussion of Comments

    FMCSA received no comments in this preceding.

Conclusion

    Based upon its evaluation of the 3 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 May 18, 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 28319).
    Tom Buretz, (FL); James Dalrymple, (AZ); and Derron Washington, 
(IL).
    The drivers were included in docket number FMCSA-2015-0328. Their 
exemptions are applicable as of May 18, 2018, and will expire on May18, 
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 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19575 Filed 9-7-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45753 address, an email address, or a phone individuals to continue to operate CMVs person is physically qualified to driver number in the body of your document in interstate commerce. a CMV if that person first perceives a so that FMCSA can contact you if there DATES: The exemptions were applicable forced whispered voice in the better ear are questions regarding your on May 18, 2018. The exemptions at not less than 5 feet with or without submission. expire on May 18, 2020. the use of a hearing aid or, if tested by To submit your comment online, go to use of an audiometric device, does not FOR FURTHER INFORMATION CONTACT: Ms. http://www.regulations.gov and in the have an average hearing loss in the Christine A. Hydock, Chief, Medical search box insert the docket number better ear greater than 40 decibels at 500 Programs Division, 202–366–4001, FMCSA–2018–0017 and click the search fmcsamedical@dot.gov, FMCSA, Hz, 1,000 Hz, and 2,000 Hz with or button. When the new screen appears, Department of Transportation, 1200 without a hearing aid when the click on the blue ‘‘Comment Now!’’ New Jersey Avenue SE, Room W64–224, audiometric device is calibrated to button on the right hand side of the Washington, DC 20590–0001. Office American National Standard (formerly page. On the new page, enter hours are from 8:30 a.m. to 5 p.m., e.t., ASA Standard) Z24.5–1951. information required including the Monday through Friday, except Federal specific section of this document to 49 CFR 391.41(b)(11) was adopted in which each comment applies, and holidays. If you have questions 1970, with a revision in 1971 to allow provide a reason for each suggestion or regarding viewing or submitting drivers to be qualified under this recommendation. If you submit your material to the docket, contact Docket Services, telephone (202) 366–9826. standard while wearing a hearing aid, comments by mail or hand delivery, 35 FR 6458, 6463 (April 22, 1970) and submit them in an unbound format, no SUPPLEMENTARY INFORMATION: 36 FR 12857 (July 3, 1971). larger than 81⁄2 by 11 inches, suitable for I. Electronic Access copying and electronic filing. If you III. Discussion of Comments submit comments by mail and would You may see all the comments online through the Federal Document FMCSA received no comments in this like to know that they reached the facility, please enclose a stamped, self- Management System (FDMS) at: http:// preceding. addressed postcard or envelope. www.regulations.gov. Conclusion We will consider all comments and Docket: For access to the docket to materials received during the comment read background documents or Based upon its evaluation of the 3 period. FMCSA may issue a final comments, go to http:// renewal exemption applications, determination at any time after the close www.regulations.gov and/or Room FMCSA announces its’ decision to of the comment period. W12–140 on the ground level of the exempt the following drivers from the West Building, 1200 New Jersey Avenue hearing requirement in 49 CFR 391.41 V. Viewing Comments and Documents SE, Washington, DC, between 9 a.m. and (b)(11): To view comments, as well as any 5 p.m., e.t., Monday through Friday, documents mentioned in this preamble, except Federal holidays. As of May 18, and in accordance with go to http://www.regulations.gov and in Privacy Act: In accordance with 5 49 U.S.C. 31136(e) and 31315, the the search box insert the docket number U.S.C. 553(c), DOT solicits comments following 3 individuals have satisfied FMCSA–2018–0017 and click ‘‘Search.’’ from the public to better inform its the renewal conditions for obtaining an Next, click ‘‘Open Docket Folder’’ and rulemaking process. DOT posts these exemption from the hearing requirement you will find all documents and comments, without edit, including any in the FMCSRs for interstate CMV comments related to this notice. personal information the commenter drivers (83 FR 28319). Issued on: August 30, 2018 provides, to http://www.regulations.gov, Tom Buretz, (FL); James Dalrymple, as described in the system of records (AZ); and Derron Washington, (IL). Larry W. Minor, notice (DOT/ALL–14 FDMS), which can Associate Administrator for Policy. The drivers were included in docket be reviewed at http://www.dot.gov/ [FR Doc. 2018–19581 Filed 9–7–18; 8:45 am] privacy. number FMCSA–2015–0328. Their BILLING CODE 4910–EX–P exemptions are applicable as of May 18, II. Background 2018, and will expire on May18, 2020. On June 18, 2018, FMCSA published In accordance with 49 U.S.C. 31315, DEPARTMENT OF TRANSPORTATION a notice announcing its decision to each exemption will be valid for two renew exemptions for 3 individuals years from the effective date unless Federal Motor Carrier Safety from the hearing standard in 49 CFR revoked earlier by FMCSA. The Administration 391.41(b)(11) to operate a CMV in exemption will be revoked if the [Docket No. FMCSA–2015–0328] interstate commerce and requested following occurs: (1) The person fails to comments from the public (83 FR Qualification of Drivers; Exemption comply with the terms and conditions 28319). The public comment period Applications; Hearing ended on July 18, 2018, and no of the exemption; (2) the exemption has comments were received. resulted in a lower level of safety than AGENCY: Federal Motor Carrier Safety was maintained prior to being granted; Administration (FMCSA), DOT. As stated in the previous notice, FMCSA has evaluated the eligibility of or (3) continuation of the exemption ACTION: Notice of final disposition. these applicants and determined that would not be consistent with the goals SUMMARY: FMCSA announces its renewing these exemptions would and objectives of 49 U.S.C. 31136 and daltland on DSKBBV9HB2PROD with NOTICES decision to renew exemptions for 3 achieve a level of safety equivalent to or 31315. individuals from the hearing greater than the level that would be Issued on: August 30, 2018. requirement in the Federal Motor achieved by complying with the current Larry W. Minor, Carrier Safety Regulations (FMCSRs) for regulation 49 CFR 391.41(b)(11). Associate Administrator for Policy. interstate commercial motor vehicle The physical qualification standard (CMV) drivers. The exemptions enable for drivers regarding hearing found in [FR Doc. 2018–19575 Filed 9–7–18; 8:45 am] these hard of hearing and deaf 49 CFR 391.41(b)(11) states that a BILLING CODE 4910–EX–P VerDate Sep<11>2014 17:54 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00160 Fmt 4703 Sfmt 9990 E:\FR\FM\10SEN1.SGM 10SEN1


Document Created: 2018-09-08 00:42:30
Document Modified: 2018-09-08 00:42:30
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 final disposition.
DatesThe exemptions were applicable on May 18, 2018. The exemptions expire on May 18, 2020.
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 45753 
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