83 FR 56905 - 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 | 56905-56907 | |
| FR Document | 2018-24852 |
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)] [Notices] [Pages 56905-56907] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24852] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0002] Qualification of Drivers; Exemption Applications; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for 11 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 September 6, 2018. The exemptions expire on September 6, 2020. 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-2016-0002 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 from 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. [[Page 56906]] SUPPLEMENTARY INFORMATION: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA-2016-0002), 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-2016-0002, 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-2016-0002, 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 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 11 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. III. 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 take immediate steps to revoke the exemption of a driver. IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315, each of the 11 applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The 11 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 September 6, 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. Pricilla Brackenridge, (IL) David Chappelear, (TX) Mathias Conway, MI) Gary Cordano, (NV) Samuel Fennell, (OH) Richard Hoots, (AR) Renaldo Martinez, (TX) Katrina Parker, (NJ) D'Neille Smith, (OH) Michael Smith, (CO) Mixhael, Sweet, (GA) The drivers were included in docket number FMCSA-2016-0002. Their exemptions are applicable as of September 6, 2018, and will expire on September 6, 2020. V. 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 [[Page 56907]] 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. VI. 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. VII. Conclusion Based upon its evaluation of the 11 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: November 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-24852 Filed 11-13-18; 8:45 am] BILLING CODE 4910-EX-P
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31315, the following six individuals V. Conditions and Requirements DEPARTMENT OF TRANSPORTATION
have satisfied the renewal conditions for
obtaining an exemption from the vision The exemptions are extended subject Federal Motor Carrier Safety
requirement in the FMCSRs for to the following conditions: (1) Each Administration
interstate CMV drivers (77 FR 52381; 77 driver must undergo an annual physical
[Docket No. FMCSA–2016–0002]
FR 64841; 79 FR 56097; 81 FR 71173): examination (a) by an ophthalmologist
Roger A. Duester (TX) or optometrist who attests that the Qualification of Drivers; Exemption
Charlene E. Geary (SD) vision in the better eye continues to Applications; Hearing
David N. Hinchliffe (TX) meet the requirements in 49 CFR
391.41(b)(10), and (b) by a certified AGENCY: Federal Motor Carrier Safety
Benny L. Sanchez (CA) Administration (FMCSA), DOT.
Sandeep Singh (CA) Medical Examiner, as defined by 49 CFR
390.5, who attests that the driver is ACTION: Notice of renewal of
James T. Stalker (OH)
otherwise physically qualified under 49 exemptions; request for comments.
The drivers were included in docket
CFR 391.41; (2) each driver must
number FMCSA–2012–0215. Their SUMMARY: FMCSA announces its
provide a copy of the ophthalmologist’s decision to renew exemptions for 11
exemptions are applicable as of October
23, 2018, and will expire on October 23, or optometrist’s report to the Medical individuals from the hearing
2020. Examiner at the time of the annual requirement in the Federal Motor
As of October 27, 2018, and in medical examination; and (3) each Carrier Safety Regulations (FMCSRs) for
accordance with 49 U.S.C. 31136(e) and driver must provide a copy of the interstate commercial motor vehicle
31315, the following eight individuals annual medical certification to the (CMV) drivers. The exemptions enable
have satisfied the renewal conditions for employer for retention in the driver’s these hard of hearing and deaf
obtaining an exemption from the vision qualification file or keep a copy of his/ individuals to continue to operate CMVs
requirement in the FMCSRs for her driver’s qualification if he/her is in interstate commerce.
interstate CMV drivers (65 FR 33406; 65 self-employed. The driver must also DATES: The exemptions were applicable
FR 57234; 67 FR 57266; 69 FR 52741; have a copy of the exemption when on September 6, 2018. The exemptions
69 FR 53493; 69 FR 62742; 71 FR 53489; driving, for presentation to a duly expire on September 6, 2020. Comments
71 FR 62148; 73 FR 61925; 75 FR 59327; authorized Federal, State, or local must be received on or before December
77 FR 64583; 79 FR 56117; 81 FR enforcement official. The exemption 14, 2018.
71173): will be rescinded if: (1) The person fails ADDRESSES: You may submit comments
David W. Brown (TN) to comply with the terms and identified by the Federal Docket
Monty G. Calderon (OH) conditions of the exemption; (2) the Management System (FDMS) Docket No.
Zane G. Harvey, Jr. (VA) exemption has resulted in a lower level FMCSA–2016–0002 using any of the
Jeffrey M. Keyser (OH) of safety than was maintained before it following methods:
David G. Meyers (NY) was granted; or (3) continuation of the • Federal eRulemaking Portal: Go to
Rodney M. Pegg (PA) exemption would not be consistent with http://www.regulations.gov. Follow the
Zbigniew P. Pietranik (WI) the goals and objectives of 49 U.S.C. online instructions for submitting
Joseph F. Wood (MS) 31136(e) and 31315. comments.
The drivers were included in docket • Mail: Docket Management Facility;
VI. Preemption U.S. Department of Transportation, 1200
numbers FMCSA–2000–7165; FMCSA–
2004–18885. Their exemptions are During the period the exemption is in New Jersey Avenue SE, West Building
applicable as of October 27, 2018, and effect, no State shall enforce any law or Ground Floor, Room W12–140,
will expire on October 27, 2020. Washington, DC 20590–0001.
regulation that conflicts with this
• Hand Delivery: West Building
As of October 31, 2018, and in exemption with respect to a person
Ground Floor, Room W12–140, 1200
accordance with 49 U.S.C. 31136(e) and operating under the exemption. New Jersey Avenue SE, Washington,
31315, the following ten individuals
VI. Conclusion DC, between 9 a.m. and 5 p.m., ET,
have satisfied the renewal conditions for
Monday through Friday, except Federal
obtaining an exemption from the vision Based upon its evaluation of the 83 Holidays.
requirement in the FMCSRs for exemption applications, FMCSA renews • Fax: 1–202–493–2251.
interstate CMV drivers (77 FR 56261; 77
the exemptions of the aforementioned To avoid duplication, please use only
FR 65933; 79 FR 58856; 79 FR 59348;
drivers from the vision requirement in one of these four methods. See the
79 FR 72754; 81 FR 71173):
49 CFR 391.41(b)(10), subject to the ‘‘Public Participation’’ portion of the
Donald L. Blakeley II (NV) requirements cited above. In accordance SUPPLEMENTARY INFORMATION section for
Marty R. Brewster (KS) with 49 U.S.C. 31136(e) and 31315, each instructions on submitting comments.
Henry L. Chrestensen (IA) exemption will be valid for two years FOR FURTHER INFORMATION CONTACT: Ms.
Sanford L. Goodwin (TX) unless revoked earlier by FMCSA. Christine A. Hydock, Chief, Medical
Thomas J. Long III (PA) Programs Division, 202–366–4001,
Matthew J. Mantooth (KY) Issued on: November 5, 2018.
fmcsamedical@dot.gov, FMCSA,
Steven W. Miller (PA) Larry W. Minor,
Department of Transportation, 1200
James J. Monticello (IN) Associate Administrator for Policy. New Jersey Avenue SE, Room W64–224,
Klifford N. Siemens (KS) [FR Doc. 2018–24856 Filed 11–13–18; 8:45 am] Washington, DC 20590–0001. Office
Scott E. Tussey (KY) BILLING CODE 4910–EX–P hours are from 8:30 a.m. to 5 p.m., ET,
The drivers were included in docket Monday through Friday, except Federal
numbers FMCSA–2012–0216; FMCSA– holidays. If you have questions
2014–0296. Their exemptions are regarding viewing or submitting
applicable as of October 31, 2018, and material to the docket, contact Docket
will expire on October 31, 2020. Services, telephone (202) 366–9826.
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![Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 56907
requirements. Each exemption will be DATES: Each group of renewed these applicants and determined that
valid for two years unless rescinded exemptions were applicable on the renewing these exemptions would
earlier by FMCSA. The exemption will dates stated in the discussions below achieve a level of safety equivalent to or
be rescinded if: (1) The person fails to and will expire on the dates stated in greater than the level that would be
comply with the terms and conditions the discussions below. achieved by complying with the current
of the exemption; (2) the exemption has FOR FURTHER INFORMATION CONTACT: Ms. regulation 49 CFR 391.41(b)(8).
resulted in a lower level of safety than Christine A. Hydock, Chief, Medical The physical qualification standard
was maintained before it was granted; or Programs Division, (202) 366–4001, for drivers regarding epilepsy found in
(3) continuation of the exemption would fmcsamedical@dot.gov, FMCSA, 49 CFR 391.41(b)(8) states that a person
not be consistent with the goals and Department of Transportation, 1200 is physically qualified to drive a CMV
objectives of 49 U.S.C. 31136(e) and New Jersey Avenue SE, Room W64–224, if that person has no established
31315. Washington, DC 20590–0001. Office medical history or clinical diagnosis of
hours are from 8:30 a.m. to 5 p.m., ET, epilepsy or any other condition which
VI. Preemption is likely to cause the loss of
Monday through Friday, except Federal
During the period the exemption is in holidays. If you have questions consciousness or any loss of ability to
effect, no State shall enforce any law or regarding viewing or submitting control a CMV.
regulation that conflicts with this material to the docket, contact Docket In addition to the regulations, FMCSA
exemption with respect to a person Services, telephone (202) 366–9826. has published advisory criteria to assist
operating under the exemption. SUPPLEMENTARY INFORMATION:
Medical Examiners in determining
whether drivers with certain medical
VII. Conclusion I. Public Participation conditions are qualified to operate a
Based upon its evaluation of the 11 CMV in interstate commerce. [49 CFR
A. Viewing Documents and Comments
exemption applications, FMCSA renews part 391, APPENDIX A TO PART 391—
the exemptions of the aforementioned To view comments, as well as any MEDICAL ADVISORY CRITERIA,
drivers from the hearing requirement in documents mentioned in this notice as section H. Epilepsy: § 391.41(b)(8),
49 CFR 391.41 (b)(11). In accordance being available in the docket, go to paragraphs 3, 4, and 5.]
with 49 U.S.C. 31136(e) and 31315, each http://www.regulations.gov. Insert the
exemption will be valid for two years docket number, FMCSA 2012–0294; III. Discussion of Comments
unless revoked earlier by FMCSA. FMCSA 2013–0442; FMCSA–2013– FMCSA received no comments in this
0445; FMCSA–2015–0321, in the proceeding.
Issued on: November 5, 2018.
keyword box, and click ‘‘Search.’’ Next,
Larry W. Minor, click the ‘‘Open Docket Folder’’ button IV. Conclusion
Associate Administrator for Policy. and choose the document to review. If Based on its evaluation of the four
[FR Doc. 2018–24852 Filed 11–13–18; 8:45 am] you do not have access to the internet, renewal exemption applications,
BILLING CODE 4910–EX–P you may view the docket online by FMCSA announces its decision to
visiting the Docket Management Facility exempt the following drivers from the
in Room W12–140 on the ground floor epilepsy and seizure disorders
DEPARTMENT OF TRANSPORTATION of the DOT West Building, 1200 New prohibition in 49 CFR 391.41(b)(8):
Jersey Avenue SE, Washington, DC As of July 5, 2018, and in accordance
Federal Motor Carrier Safety with 49 U.S.C. 31136(e) and 31315,
20590, between 9 a.m. and 5 p.m., ET,
Administration Brian Checkley, Jr. (NJ) has satisfied the
Monday through Friday, except Federal
holidays. renewal conditions for obtaining an
[Docket Nos. FMCSA 2012–0294; FMCSA exemption from the epilepsy and
2013–0442; FMCSA–2013–0445; FMCSA– B. Privacy Act
2015–0321]
seizure disorders prohibition in the
In accordance with 5 U.S.C. 553(c), FMCSRs for interstate CMV drivers (83
Qualification of Drivers; Exemption DOT solicits comments from the public FR 40624).
Applications; Epilepsy and Seizure to better inform its rulemaking process. This driver was included in docket
Disorders DOT posts these comments, without number FMCSA–2015–0321. The
edit, including any personal information exemption is applicable as of July 5,
AGENCY: Federal Motor Carrier Safety the commenter provides, to 2018, and will expire on July 5, 2020.
Administration (FMCSA), DOT. www.regulations.gov, as described in As of July 14, 2018, and in accordance
ACTION: Notice of final disposition. the system of records notice (DOT/ALL– with 49 U.S.C. 31136(e) and 31315,
14 FDMS), which can be reviewed at Ronald Blount (GA) has satisfied the
SUMMARY: FMCSA announces its www.dot.gov/privacy. renewal conditions for obtaining an
decision to renew exemptions for four exemption from the epilepsy and
individuals from the requirement in the II. Background seizure disorders prohibition in the
Federal Motor Carrier Safety On August 15, 2018, FMCSA FMCSRs for interstate CMV drivers (83
Regulations (FMCSRs) that interstate published a notice announcing its FR 40624).
commercial motor vehicle (CMV) decision to renew exemptions for four This driver was included in docket
drivers have ‘‘no established medical individuals from the epilepsy and number FMCSA–2013–0445. The
history or clinical diagnosis of epilepsy seizure disorders prohibition in 49 CFR exemption is applicable as of July 14,
or any other condition which is likely 391.41(b)(8) to operate a CMV in 2018, and will expire on July 14, 2020.
to cause loss of consciousness or any interstate commerce and requested As of July 8, 2018, and in accordance
loss of ability to control a CMV.’’ The comments from the public (83 FR with 49 U.S.C. 31136(e) and 31315, the
exemptions enable these individuals 40624). The public comment period following two individuals have satisfied
who have had one or more seizures and ended on September 14, 2018, and no the renewal conditions for obtaining an
are taking anti-seizure medication to comments were received. exemption from the epilepsy and
continue to operate CMVs in interstate As stated in the previous notice, seizure disorders prohibition in the
commerce. FMCSA has evaluated the eligibility of FMCSRs for interstate CMV drivers (83
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Document Created: 2018-11-14 03:31:50
Document Modified: 2018-11-14 03:31:50
| 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 renewal of exemptions; request for comments. | |
| Dates | The exemptions were applicable on September 6, 2018. The exemptions expire on September 6, 2020. 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 from 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 56905 |
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