83 FR 56897 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 220 (November 14, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 220 (November 14, 2018)
| Page Range | 56897-56899 | |
| FR Document | 2018-24861 |
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)] [Notices] [Pages 56897-56899] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24861] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0136] 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 December 14, 2018. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0136 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., ET, Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. To avoid duplication, please use only one of these four methods. See the ``Public Participation'' portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. 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 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal [[Page 56898]] holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826. SUPPLEMENTARY INFORMATION: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA-2018-0136), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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, put the docket number, FMCSA-2018-0136, in the keyword box, and click ``Search.'' When the new screen appears, click on the ``Comment Now!'' button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. 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. FMCSA will consider all comments and material received during the comment period. B. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2018-0136, in the keyword box, and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. C. 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 www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. II. 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 40 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. III. Qualifications of Applicants Andy R. Bernard Mr. Bernard, age 60, holds a class A CDL in Ohio. William Brogni Mr. Brogni, age 55, holds an operator's license in Florida. Robert Chavez Mr. Chavez, age 28, holds an operator's license in Texas. David Chellin Mr. Chellin, age 64, holds a class A CDL in Minnesota. Joshua P. Cogan Mr. Cogan, age 25, holds an operator's license in Maryland. Joseph A. Conversa Mr. Conversa, age 49, holds an operator's license in Illinois. Robert E. Cottrell Mr. Cottrell, age 68, holds an operator's license in Oregon. Joseph N. Dooley Mr. Dooley, age 29, holds an operator's license in Missouri. Janet Donaldson Ms. Donaldson, age 40, holds an operator's license in California. Heath Focken Mr. Focken, age 30, holds an operator's license in Nebraska. Ahmed Gabr Mr. Gabr, age 32, holds an operator's license in North Carolina. Stephen A. Goen Mr. Goen, age 51, holds a class A CDL in Georgia. Jaymes Harr Mr. Haar, age 31, holds an operator's license in Iowa. Michael J. Hague Mr. Hague, age 34, holds an operator's license in Rhode Island. Daniel R. Hanson Mr. Hanson, age 70, holds an operator's license in Pennsylvania. Arnold Hatton Mr. Hatton, age 51, holds an operator's license in Delaware. [[Page 56899]] Nima Jafari Mr. Jafari, age 29, holds an operator's license in Kansas. Raymond L. Levine Mr. Levine, age 20, holds an operator's license in California. Donte Mason Mr. Mason, age 33, holds an operator's license in Tennessee. Xavier C. Matthews Mr. Matthews, age 39, holds an operator's license in Florida. Eric B. Oberhausen Mr. Oberhausen, age 33, holds an operator's license in California. Taryn Peterson Ms. Peterson, age 31, holds an operator's license in Iowa. Melvin R. Ross Mr. Ross, age 64, holds a class A CDL in Ohio. Greivin Salazar Mr. Salazar, age 43, holds an operator's license in Michigan. Jerry Shortland Mr. Shortland, age 54, holds an operator's license in Ohio. John Silver Mr. Silver, age 54, holds an operator's license in New York. Marcus Sylvester Mr. Sylvester, age 44, holds an operator's license in Texas. John Whitlock Mr. Whitlock, age 49, holds an operator's license in Illinois. Eric Woods Mr. Woods, age 50, holds an operator's license in Maryland. IV. 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. Issued on: November 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-24861 Filed 11-13-18; 8:45 am] BILLING CODE 4910-EX-P
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B. Viewing Documents and Comments In addition to the regulations, FMCSA Issued on: November 5, 2018.
has published advisory criteria 1 to Larry W. Minor,
To view comments, as well as any assist Medical Examiners in Associate Administrator for Policy.
documents mentioned in this notice as determining whether drivers with [FR Doc. 2018–24855 Filed 11–13–18; 8:45 am]
being available in the docket, go to certain medical conditions are qualified BILLING CODE 4910–EX–P
http://www.regulations.gov. Insert the to operate a CMV in interstate
docket number, FMCSA–2018–0319, in commerce. [49 CFR part 391,
the keyword box, and click ‘‘Search.’’ APPENDIX A TO PART 391—MEDICAL DEPARTMENT OF TRANSPORTATION
Next, click the ‘‘Open Docket Folder’’ ADVISORY CRITERIA, section D.
button and choose the document to Cardiovascular: § 391.41(b)(4), Federal Motor Carrier Safety
review. If you do not have access to the paragraph 4.] The advisory criteria Administration
internet, you may view the docket states that ICDs are disqualifying due to [Docket No. FMCSA–2018–0136]
online by visiting the Docket risk of syncope.
Management Facility in Room W12–140 Qualification of Drivers; Exemption
on the ground floor of the DOT West III. Qualifications of Applicants Applications; Hearing
Building, 1200 New Jersey Avenue SE,
Herman L. Bolton AGENCY: Federal Motor Carrier Safety
Washington, DC 20590, between 9 a.m.
and 5 p.m., ET, Monday through Friday, Administration (FMCSA), DOT.
Mr. Bolton is a Class A CDL holder in
except Federal holidays. Louisiana. A June 29, 2018 report from ACTION: Notice of applications for
Mr. Bolton’s cardiologist states his ICD exemption; request for comments.
C. Privacy Act
was implanted August 25, 2017, and SUMMARY: FMCSA announces receipt of
In accordance with 5 U.S.C. 553(c), that Mr. Bolton reports no complaints of applications from 30 individuals for an
DOT solicits comments from the public syncope. exemption from the hearing requirement
to better inform its rulemaking process. in the Federal Motor Carrier Safety
DOT posts these comments, without Robert A. Crawley
Regulations (FMCSRs) to operate a
edit, including any personal information Mr. Crawley is a commercial motor commercial motor vehicle (CMV) in
the commenter provides, to vehicle driver in Maryland. A interstate commerce. If granted, the
www.regulations.gov, as described in September 13, 2018, report from his exemptions would enable these hard of
the system of records notice (DOT/ALL– cardiologist states his ICD was hearing and deaf individuals to operate
14 FDMS), which can be reviewed at implanted August 24, 2016, and that he CMVs in interstate commerce.
www.dot.gov/privacy. denies any symptoms of device DATES: Comments must be received on
II. Background malfunction, arrhythmia recurrence, or before December 14, 2018.
palpitations, syncope, or shocks. ADDRESSES: You may submit comments
Under 49 U.S.C. 31136(e) and 31315, identified by the Federal Docket
FMCSA may grant an exemption from Paul J. Hill
Management System (FDMS) Docket No.
the FMCSRs for a five-year period if it Mr. Hill is a commercial motor FMCSA–2018–0136 using any of the
finds such exemption would likely vehicle driver in South Dakota. A following methods:
achieve a level of safety that is September 25, 2018 letter from Mr. • Federal eRulemaking Portal: Go to
equivalent to, or greater than, the level Hill’s electrophysiologist reports that http://www.regulations.gov. Follow the
that would be achieved absent such his ICD was implanted November 27, online instructions for submitting
exemption. The statute also allows the 2013, and that he has been stable and comments.
Agency to renew exemptions at the end has not had any shocks from his device. • Mail: Docket Management Facility;
of the five-year period. FMCSA grants U.S. Department of Transportation, 1200
exemptions from the FMCSRs for a two- Johnny L. Walls, Jr. New Jersey Avenue SE, West Building
year period to align with the maximum Ground Floor, Room W12–140,
Mr. Walls is Class A CDL holder in
duration of a driver’s medical Washington, DC 20590–0001.
Alabama. A September 7, 2018 letter • Hand Delivery: West Building
certification.
from his electrophysiologist reports that Ground Floor, Room W12–140, 1200
The four individuals listed in this his ICD was implanted August 13, 2018
notice have requested an exemption New Jersey Avenue SE, Washington,
and he has had no shocks since his DC, between 9 a.m. and 5 p.m., ET,
from 49 CFR 391.41(b)(4). Accordingly, hospital discharge on August 22, 2018.
the Agency will evaluate the Monday through Friday, except Federal
qualifications of each applicant to IV. Request for Comments Holidays.
• Fax: 1–202–493–2251.
determine whether granting the
In accordance with 49 U.S.C. 31136(e) To avoid duplication, please use only
exemption will achieve the required
and 31315, FMCSA requests public one of these four methods. See the
level of safety mandated by statute.
comment from all interested persons on ‘‘Public Participation’’ portion of the
The physical qualification standard the exemption petitions described in SUPPLEMENTARY INFORMATION section for
found in 49 CFR 391.41(b)(4) states that this notice. We will consider all instructions on submitting comments.
a person is physically qualified to drive comments received before the close of FOR FURTHER INFORMATION CONTACT: Ms.
a CMV if that person has no current business on the closing date indicated Christine A. Hydock, Chief, Medical
clinical diagnosis of myocardial in the dates section of the notice. Programs Division, (202) 366–4001,
infarction, angina pectoris, coronary fmcsamedical@dot.gov, FMCSA,
insufficiency, thrombosis, or any other 1 See http://www.ecfr.gov/cgi-bin/text-idx? Department of Transportation, 1200
cardiovascular disease of a variety SID=e47b48a9ea42dd67d999246e23d97970& New Jersey Avenue SE, Room W64–224,
known to be accompanied by syncope, mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
171.a and https://www.gpo.gov/fdsys/pkg/CFR-
Washington, DC 20590–0001. Office
dyspnea, collapse, or congestive cardiac 2015-title49-vol5/pdf/CFR-2015-title49-vol5- hours are 8:30 a.m. to 5 p.m., ET,
failure. part391-appA.pdf. Monday through Friday, except Federal
VerDate Sep<11>2014 18:29 Nov 13, 2018 Jkt 247001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1](https://thefederalregister.org/doc/83_FR_57117/page/1.svg)
![Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 56899
Nima Jafari DEPARTMENT OF TRANSPORTATION www.regulations.gov, as described in
the system of records notice (DOT/ALL–
Mr. Jafari, age 29, holds an operator’s Federal Motor Carrier Safety 14 FDMS), which can be reviewed at
license in Kansas. Administration www.dot.gov/privacy.
Raymond L. Levine [FMCSA Docket No. FMCSA–2018–0205] II. Background
Mr. Levine, age 20, holds an On September 19, 2018, FMCSA
Qualification of Drivers; Exemption
operator’s license in California. published a notice announcing receipt
Applications; Diabetes Mellitus
Donte Mason of applications from 57 individuals
AGENCY: Federal Motor Carrier Safety requesting an exemption from diabetes
Mr. Mason, age 33, holds an Administration (FMCSA), DOT. requirement in 49 CFR 391.41(b)(3) and
operator’s license in Tennessee. ACTION: Notice of final disposition. requested comments from the public (83
Xavier C. Matthews FR 47399). The public comment period
SUMMARY: FMCSA announces its ended on October 19, 2018, and one
Mr. Matthews, age 39, holds an decision to exempt 57 individuals from comment was received.
operator’s license in Florida. the prohibition in the Federal Motor FMCSA has evaluated the eligibility
Carrier Safety Regulations (FMCSRs) of these applicants and determined that
Eric B. Oberhausen against persons with insulin-treated granting the exemptions to these
Mr. Oberhausen, age 33, holds an diabetes mellitus (ITDM) from operating individuals would achieve a level of
operator’s license in California. a commercial motor vehicle (CMV) in safety equivalent to or greater than the
interstate commerce. The exemptions level that would be achieved by
Taryn Peterson enable these individuals with ITDM to complying with the current regulation
Ms. Peterson, age 31, holds an operate CMVs in interstate commerce. 49 CFR 391.41(b)(3).
operator’s license in Iowa. DATES: The exemptions were applicable The physical qualification standard
on October 20, 2018. The exemptions for drivers regarding diabetes found in
Melvin R. Ross expire on October 20, 2020. 49 CFR 391.41(b)(3) states that a person
Mr. Ross, age 64, holds a class A CDL FOR FURTHER INFORMATION CONTACT: Ms. is physically qualified to drive a CMV
in Ohio. Christine A. Hydock, Chief, Medical if that person has no established
Programs Division, (202) 366–4001, medical history or clinical diagnosis of
Greivin Salazar fmcsamedical@dot.gov, FMCSA, diabetes mellitus currently requiring
Mr. Salazar, age 43, holds an Department of Transportation, 1200 insulin for control.
operator’s license in Michigan. New Jersey Avenue SE, Room W64–224, III. Discussion of Comments
Washington, DC 20590–0001. Office
Jerry Shortland hours are from 8:30 a.m. to 5 p.m., ET, FMCSA received one comment in this
Monday through Friday, except Federal proceeding. Mr. Jeremy Na noted, that
Mr. Shortland, age 54, holds an people on insulin should be able to
operator’s license in Ohio. holidays. If you have questions
regarding viewing or submitting drive CMV’s especially if its controlled
John Silver material to the docket, contact Docket with no problems. This would open up
Services, telephone (202) 366–9826. a bunch of driving opportunities for
Mr. Silver, age 54, holds an operator’s those who love to drive but can’t
license in New York. SUPPLEMENTARY INFORMATION:
because of a rule. On September 19,
Marcus Sylvester I. Public Participation 2018, FMCSA published the
Qualifications of Drivers; Diabetes
Mr. Sylvester, age 44, holds an A. Viewing Documents and Comments
Standard final rule, removing the
operator’s license in Texas. To view comments, as well as any blanket prohibition of insulin use and
John Whitlock documents mentioned in this notice as adopting a revised physical
being available in the docket, go to qualification standard for operators of
Mr. Whitlock, age 49, holds an http://www.regulations.gov. Insert the CMV with ITDM (83 FR 47448). The
operator’s license in Illinois. docket number, FMCSA–2018–0205, in effective date of this final rule is
the keyword box, and click ‘‘Search.’’ November 19, 2018.
Eric Woods
Next, click the ‘‘Open Docket Folder’’
button and choose the document to Basis for Exemption Determination
Mr. Woods, age 50, holds an
operator’s license in Maryland. review. If you do not have access to the Under 49 U.S.C. 31136(e) and 31315,
internet, you may view the docket FMCSA may grant an exemption for up
IV. Request for Comments online by visiting the Docket to five years from the diabetes standard
In accordance with 49 U.S.C. 31136(e) Management Facility in Room W12–140 in 49 CFR 391.41(b)(3) if the exemption
and 31315, FMCSA requests public on the ground floor of the DOT West is likely to achieve an equivalent or
comment from all interested persons on Building, 1200 New Jersey Avenue SE, greater level of safety than would be
the exemption petitions described in Washington, DC 20590, between 9 a.m. achieved without the exemption. The
this notice. We will consider all and 5 p.m., ET, Monday through Friday, exemption allows the applicants to
comments received before the close of except Federal holidays. operate CMVs in interstate commerce.
business on the closing date indicated FMCSA grants exemptions from the
B. Privacy Act FMCSRs for a two-year period to align
in the dates section of the notice.
In accordance with 5 U.S.C. 553(c), with the maximum duration of a
Issued on: November 5, 2018. DOT solicits comments from the public driver’s medical certification.
Larry W. Minor, to better inform its rulemaking process. The Agency’s decision regarding these
Associate Administrator for Policy. DOT posts these comments, without exemption applications is based on the
[FR Doc. 2018–24861 Filed 11–13–18; 8:45 am] edit, including any personal information program eligibility criteria and an
BILLING CODE 4910–EX–P the commenter provides, to individualized assessment of
VerDate Sep<11>2014 18:29 Nov 13, 2018 Jkt 247001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1](https://thefederalregister.org/doc/83_FR_57117/page/3.svg)
Document Created: 2018-11-14 03:32:29
Document Modified: 2018-11-14 03:32:29
| 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 December 14, 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., ET, 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 56897 |
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