83 FR 60943 - Hours of Service of Drivers: National Mobile Shower and Catering Association; Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 228 (November 27, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 228 (November 27, 2018)
| Page Range | 60943-60945 | |
| FR Document | 2018-25821 |
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)] [Notices] [Pages 60943-60945] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25821] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0331] Hours of Service of Drivers: National Mobile Shower and Catering Association; Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that it has received an application for exemption from the National Mobile Shower and Catering Association (NMSCA) from various provisions of the Federal hours-of-service (HOS) rules for commercial motor vehicle (CMV) drivers. The NMSCA requests an exemption to allow their member companies operating under a ``Resource Order'' to: (1) Extend the 14-hour duty period to no more than 16 hours; (2) not include ``waiting time'' while not performing duties in the calculation of the 16-hour duty period; (3) not comply with the minimum 30-minute rest break provision; (4) extend the maximum 60 hours on duty in any 7-day period to 80 hours on duty in any 7-day period; (5) extend the 11 hours of driving time to 12 hours; and, (6) extend the ``8 days in 30'' exception in the electronic logging device (ELD) rule to ``12 days in 30.'' The requested exemption is made on behalf of those drivers employed by NMSCA member companies engaged in the transportation of equipment that provides food and water services to Federally-contracted forest firefighters and similar emergency workers who establish temporary base camps and have immediate need of food and water services near fire scenes. FMCSA requests public comment on the NMSCA application for exemption. DATES: Comments must be received on or before December 27, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2018-0331 by any of the following methods:Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. 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 or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. 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. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-2722. Email: [email protected]. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. [[Page 60944]] Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA-2018-0331), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. 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 the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to www.regulations.gov and put the docket number, ``FMCSA-2018-0331'' in the ``Keyword'' box, and click ``Search.'' When the new screen appears, click on ``Comment Now!'' button and type your comment into the text box in 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 and may grant or not grant this application based on your comments. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Request for Exemption The National Mobile Shower and Catering Association (NMSCA) requests an exemption from certain hours-of-service (HOS) regulations for their member companies' drivers who are responding under a ``Resource Order.'' A Resource Order is a task order issued by a Federal Agency directing firefighters and supporting personnel to respond to forest fires and similar emergencies. They specifically request that while operating under the exemption their drivers and carriers: (1) May extend the 14-hour duty period to no more than 16 hours; (2) need not include ``waiting time'' while performing duties in the calculation of the 16-hour period; (3) need not comply with the minimum 30-minute rest break provision; (4) may extend the maximum 60 hours on duty in any 7 days to 80 hours on duty in any 7 days; (5) may extend the 11 hours of driving time to 12 hours; and, (6) may extend the ``8 days in 30'' provision for exemption from use of an electronic logging device to ``12 days in 30.'' The NMSCA seeks the exemption for a group of approximately 30 member companies who are strategically positioned in the Western states. Wildfires occur frequently during certain months of the year, especially in Western states. To fight these fires, the National Forest Service and similar agencies call upon Federally-contracted private fire-fighting companies, who are exempt from the majority of the Federal Motor Carrier Safety Regulations (FMCSRs) [49 CFR 390.3T(f)(5)] when they respond. Upon arriving near the fire scene, the firefighters establish a base camp where they will remain for a period ranging from a few days to a month, and will quickly require food and drinking water. To meet that need, the responsible government agency will issue a Resource Order to the nearest mobile shower and catering company that is under contract. Most of the government contract work for these services is seasonal. According to NMSCA, the specialized equipment utilized by their member companies travels comparatively few miles per year, generally not exceeding 5,000 miles, and almost exclusively in response to government contract orders. As there are a limited number of private contractors who have the capability and equipment to fulfill the government contract requirements, the territories covered by each contractor can be quite large. Wildfires and natural disasters are unpredictable and make it difficult to have assets prepositioned for an incident. When one contractor is called out to an incident, the nearest contractor must cover both their regional area and the one no longer covered by a contractor on an incident. At busy times of the year resources are stretched and travel distances are often increased, and therefore NMSCA contractors are often called on to travel hundreds of miles from their facilities at a moment's notice. According to NMSCA, their member companies' equipment does not qualify for the 49 CFR 390.3T(f)(5) exception for emergency equipment, so, while firefighters respond as emergency equipment and set up their base camps, they have little food or water until NMSCA members' equipment arrives at a later time. The exemption is needed both to expedite response to the scene of an incident and to allow HOS flexibility for the crews while operating for days at the base camps. While there, the crew members often need to drive CMVs to obtain supplies and, in particular, to obtain tanker trucks of needed water. Although the crew members have substantial rest time and have sleeping quarters on-site, the current HOS regulations may at times hinder their mission support. The NMSCA requests that the exemption be issued under the following terms and conditions: (1) It would be in effect for periods of time when NMSCA members are operating under a ``Resource Order'' or other comparable order issued by a Federal government agency; (2) drivers operating under the exemption must be employed by the NMSCA companies; and (3) drivers must provide proof that they are operating for one of the designated NMSCA member companies, and must produce a copy of the relevant ``Resource Order'', upon request of a law enforcement officer. The NMSCA also indicated in their application, that when operating under the exemption, their drivers and carriers will comply with all other provisions of the FMCSRs--other than those for which they requested an exemption. Furthermore, the NMSCA member companies will mandate that drivers complete the appropriate modules of the North American Fatigue Management Program and will emphasize to all personnel that the CMVs may not be operated when the driver feels fatigued, regardless of the mission assignments, per 49 CFR 392.3. [[Page 60945]] By way of background, earlier in 2018, the NMSCA had requested a limited waiver from certain HOS regulations which was a nearly identical request to their recent application for exemption summarized in today's Federal Register notice. The waiver requested was for drivers employed by NMSCA member companies that are under contract to and have been issued a ``Resource Order'' by a Federal government agency to provide food and water services to contracted private fire- fighting companies. The 90-day waiver was approved by the FMCSA, and recently expired on October 24, 2018. The Agency had determined that granting NMSCA this waiver was in the public interest, and that the waiver was likely to achieve a level of safety equivalent to the level of safety that would be obtained in the absence of the waiver. The NMSCA added in today's exemption request that the 90-day waiver that had received from the Agency was very helpful due to the severity of wildfires in the Western states which allowed them to complete the mission of providing food, water and showers to the Nation's first responders without any disruption to public safety. A copy of the NMSCA application for exemption is available for review in the docket for this notice. Issued on: November 20, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-25821 Filed 11-26-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60943
requires devices with vehicle safety will be considered and will be available and water services near fire scenes.
technologies to be mounted (1) not more for examination in the docket at the FMCSA requests public comment on the
than 100 mm (4 inches) below the upper location listed under the ADDRESSES NMSCA application for exemption.
edge of the area swept by the section of this notice. Comments DATES: Comments must be received on
windshield wipers or (2) not more than received after the comment closing date or before December 27, 2018.
175 mm (7 inches) above the lower edge will be filed in the public docket and ADDRESSES: You may submit comments
of the area swept by the windshield will be considered to the extent identified by Federal Docket
wipers, and outside the driver’s sight practicable. In addition to late Management System (FDMS) Number
lines to the road and highway signs and comments, FMCSA will also continue to FMCSA–2018–0331 by any of the
signals. file, in the public docket, relevant following methods:
In its application, SmartDrive states: information that becomes available after • Federal eRulemaking Portal:
SmartDrive is making this request so that the comment closing date. Interested www.regulations.gov. See the Public
it becomes possible to introduce Advanced persons should continue to examine the Participation and Request for Comments
Driver Assistance Systems (ADAS) to our public docket for new material. section below for further information.
current vehicle safety platform. These new
Issued on: November 20, 2018. • Mail: Docket Management Facility,
ADAS capabilities include forward collision U.S. Department of Transportation, 1200
warnings, short following distance warnings, Larry W. Minor,
New Jersey Avenue SE, West Building,
lane detection and departure warnings, and Associate Administrator for Policy.
Ground Floor, Room W12–140,
active monitoring with real-time driver [FR Doc. 2018–25825 Filed 11–26–18; 8:45 am]
feedback. Washington, DC 20590–0001.
This system operates like many other
BILLING CODE 4910–EX–P • Hand Delivery or Courier: West
similar systems for which FMCSA has Building, Ground Floor, Room W12–
granted exemptions. ADAS requires that a 140, 1200 New Jersey Avenue SE,
camera be mounted to the upper center area DEPARTMENT OF TRANSPORTATION between 9 a.m. and 5 p.m. ET, Monday
of the windshield in an area where the through Friday, except Federal holidays.
windshield is swept by the windshield Federal Motor Carrier Safety • Fax: 1–202–493–2251.
wipers to provide a clear view to the lane Administration Each submission must include the
markings on the road and other objects in Agency name and the docket number for
[Docket No. FMCSA–2018–0331]
front of the vehicle. this notice. Note that DOT posts all
This exemption will accommodate the comments received without change to
Hours of Service of Drivers: National
ADAS camera and housing which is an
integral part of our next-generation Mobile Shower and Catering www.regulations.gov, including any
comprehensive vehicle safety system. The Association; Application for personal information included in a
camera housing is approximately 3.71 inches Exemption comment. Please see the Privacy Act
wide (94MM) by 5.2 inches tall (132MM) and heading below.
will be mounted in the approximate center of AGENCY: Federal Motor Carrier Safety Docket: For access to the docket to
the windshield with the bottom edge of the Administration (FMCSA), DOT. read background documents or
camera housing approximately 8 inches ACTION: Notice of application for comments, go to www.regulations.gov at
below the upper edge of the area swept by exemption; request for comments. any time or visit Room W12–140 on the
the windshield wipers. The camera is ground level of the West Building, 1200
mounted outside of the drivers and SUMMARY: FMCSA announces that it has New Jersey Avenue SE, Washington,
passenger’s normal sight lines to the road received an application for exemption DC, between 9 a.m. and 5 p.m., ET,
ahead, signs, signals, and mirrors. This from the National Mobile Shower and
location will allow for the optimal
Monday through Friday, except Federal
Catering Association (NMSCA) from holidays. The on-line FDMS is available
functionality of the advanced safety systems
various provisions of the Federal hours- 24 hours each day, 365 days each year.
supported by the camera.
SmartDrive has piloted the ADAS camera of-service (HOS) rules for commercial Privacy Act: In accordance with 5
and functionality and found that all drivers motor vehicle (CMV) drivers. The U.S.C. 553(c), DOT solicits comments
and passengers agreed that there was no NMSCA requests an exemption to allow from the public to better inform its
noticeable obstruction to the normal sight their member companies operating rulemaking process. DOT posts these
lines to the road ahead, highway signs, under a ‘‘Resource Order’’ to: (1) Extend comments, without edit, including any
signals or any mirrors. the 14-hour duty period to no more than personal information the commenter
The exemption would apply to all 16 hours; (2) not include ‘‘waiting time’’ provides, to www.regulations.gov, as
CMV operators utilizing SmartDrive while not performing duties in the described in the system of records
ADAS camera systems. SmartDrive’s calculation of the 16-hour duty period; notice (DOT/ALL–14 FDMS), which can
believes that the installation of the (3) not comply with the minimum 30- be reviewed at www.dot.gov/privacy.
ADAS systems camera within 8 inches minute rest break provision; (4) extend FOR FURTHER INFORMATION CONTACT: Mr.
below the upper edge of the area swept the maximum 60 hours on duty in any Richard Clemente, FMCSA Driver and
by the windshield wipers will maintain 7-day period to 80 hours on duty in any Carrier Operations Division; Office of
a level of safety that is equivalent to, or 7-day period; (5) extend the 11 hours of Carrier, Driver and Vehicle Safety
greater than, the level of safety achieved driving time to 12 hours; and, (6) extend Standards; Telephone: 202–366–2722.
without the exemption. the ‘‘8 days in 30’’ exception in the Email: MCPSD@dot.gov. If you have
electronic logging device (ELD) rule to questions on viewing or submitting
Request for Comments ‘‘12 days in 30.’’ The requested material to the docket, contact Docket
In accordance with 49 U.S.C. 31315 exemption is made on behalf of those Services, telephone (202) 366–9826.
amozie on DSK3GDR082PROD with NOTICES1
and 31136(e), FMCSA requests public drivers employed by NMSCA member SUPPLEMENTARY INFORMATION:
comment from all interested persons on companies engaged in the transportation
SmartDrive application for an of equipment that provides food and I. Public Participation and Request for
exemption from 49 CFR 393.60(e)(1). All water services to Federally-contracted Comments
comments received before the close of forest firefighters and similar emergency FMCSA encourages you to participate
business on the comment closing date workers who establish temporary base by submitting comments and related
indicated at the beginning of this notice camps and have immediate need of food materials.
VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1](https://thefederalregister.org/doc/83_FR_61171/page/1.svg)
![60944 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
Submitting Comments exemption, and the regulatory provision equipment to fulfill the government
If you submit a comment, please from which the exemption is granted. contract requirements, the territories
include the docket number for this The notice must also specify the covered by each contractor can be quite
notice (FMCSA–2018–0331), indicate effective period and explain the terms large. Wildfires and natural disasters are
the specific section of this document to and conditions of the exemption. The unpredictable and make it difficult to
which the comment applies, and exemption may be renewed (49 CFR have assets prepositioned for an
provide a reason for suggestions or 381.300(b)). incident. When one contractor is called
recommendations. You may submit III. Request for Exemption out to an incident, the nearest contractor
your comments and material online or must cover both their regional area and
The National Mobile Shower and the one no longer covered by a
by fax, mail, or hand delivery, but Catering Association (NMSCA) requests
please use only one of these means. contractor on an incident. At busy times
an exemption from certain hours-of- of the year resources are stretched and
FMCSA recommends that you include service (HOS) regulations for their
your name and a mailing address, an travel distances are often increased, and
member companies’ drivers who are therefore NMSCA contractors are often
email address, or a phone number in the responding under a ‘‘Resource Order.’’
body of your document so the Agency called on to travel hundreds of miles
A Resource Order is a task order issued from their facilities at a moment’s
can contact you if it has questions by a Federal Agency directing
regarding your submission. notice.
firefighters and supporting personnel to According to NMSCA, their member
To submit your comment online, go to respond to forest fires and similar
www.regulations.gov and put the docket companies’ equipment does not qualify
emergencies. They specifically request
number, ‘‘FMCSA–2018–0331’’ in the for the 49 CFR 390.3T(f)(5) exception for
that while operating under the
‘‘Keyword’’ box, and click ‘‘Search.’’ emergency equipment, so, while
exemption their drivers and carriers: (1)
When the new screen appears, click on firefighters respond as emergency
May extend the 14-hour duty period to
‘‘Comment Now!’’ button and type your equipment and set up their base camps,
no more than 16 hours; (2) need not
comment into the text box in the they have little food or water until
include ‘‘waiting time’’ while
following screen. Choose whether you NMSCA members’ equipment arrives at
performing duties in the calculation of
are submitting your comment as an a later time. The exemption is needed
the 16-hour period; (3) need not comply
individual or on behalf of a third party both to expedite response to the scene
with the minimum 30-minute rest break
and then submit. If you submit your of an incident and to allow HOS
provision; (4) may extend the maximum
comments by mail or hand delivery, 60 hours on duty in any 7 days to 80 flexibility for the crews while operating
submit them in an unbound format, no hours on duty in any 7 days; (5) may for days at the base camps. While there,
larger than 81⁄2 by 11 inches, suitable for extend the 11 hours of driving time to the crew members often need to drive
copying and electronic filing. If you 12 hours; and, (6) may extend the ‘‘8 CMVs to obtain supplies and, in
submit comments by mail and would days in 30’’ provision for exemption particular, to obtain tanker trucks of
like to know that they reached the from use of an electronic logging device needed water. Although the crew
facility, please enclose a stamped, self- to ‘‘12 days in 30.’’ members have substantial rest time and
addressed postcard or envelope. FMCSA The NMSCA seeks the exemption for have sleeping quarters on-site, the
will consider all comments and material a group of approximately 30 member current HOS regulations may at times
received during the comment period companies who are strategically hinder their mission support.
and may grant or not grant this positioned in the Western states. The NMSCA requests that the
application based on your comments. Wildfires occur frequently during exemption be issued under the
certain months of the year, especially in following terms and conditions: (1) It
II. Legal Basis would be in effect for periods of time
Western states. To fight these fires, the
FMCSA has authority under 49 U.S.C. National Forest Service and similar when NMSCA members are operating
31136(e) and 31315 to grant exemptions agencies call upon Federally-contracted under a ‘‘Resource Order’’ or other
from certain Federal Motor Carrier private fire-fighting companies, who are comparable order issued by a Federal
Safety Regulations (FMCSRs). FMCSA exempt from the majority of the Federal government agency; (2) drivers
must publish a notice of each exemption Motor Carrier Safety Regulations operating under the exemption must be
request in the Federal Register (49 CFR (FMCSRs) [49 CFR 390.3T(f)(5)] when employed by the NMSCA companies;
381.315(a)). The Agency must provide they respond. Upon arriving near the and (3) drivers must provide proof that
the public an opportunity to inspect the fire scene, the firefighters establish a they are operating for one of the
information relevant to the application, base camp where they will remain for a designated NMSCA member companies,
including any safety analyses that have period ranging from a few days to a and must produce a copy of the relevant
been conducted. The Agency must also month, and will quickly require food ‘‘Resource Order’’, upon request of a law
provide an opportunity for public and drinking water. To meet that need, enforcement officer. The NMSCA also
comment on the request. the responsible government agency will indicated in their application, that when
The Agency reviews safety analyses issue a Resource Order to the nearest operating under the exemption, their
and public comments submitted, and mobile shower and catering company drivers and carriers will comply with all
determines whether granting the that is under contract. other provisions of the FMCSRs—other
exemption would likely achieve a level Most of the government contract work than those for which they requested an
of safety equivalent to, or greater than, for these services is seasonal. According exemption. Furthermore, the NMSCA
the level that would be achieved by the to NMSCA, the specialized equipment member companies will mandate that
amozie on DSK3GDR082PROD with NOTICES1
current regulation (49 CFR 381.305). utilized by their member companies drivers complete the appropriate
The decision of the Agency must be travels comparatively few miles per modules of the North American Fatigue
published in the Federal Register (49 year, generally not exceeding 5,000 Management Program and will
CFR 381.315(b)) with the reasons for miles, and almost exclusively in emphasize to all personnel that the
denying or granting the application and, response to government contract orders. CMVs may not be operated when the
if granted, the name of the person or As there are a limited number of private driver feels fatigued, regardless of the
class of persons receiving the contractors who have the capability and mission assignments, per 49 CFR 392.3.
VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1](https://thefederalregister.org/doc/83_FR_61171/page/2.svg)
![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60945
By way of background, earlier in FOR FURTHER INFORMATION CONTACT: Ms. The physical qualification standard
2018, the NMSCA had requested a Christine A. Hydock, Chief, Medical for drivers regarding hearing found in
limited waiver from certain HOS Programs Division, (202) 366–4001, 49 CFR 391.41(b)(11) states that a
regulations which was a nearly identical fmcsamedical@dot.gov, FMCSA, person is physically qualified to driver
request to their recent application for Department of Transportation, 1200 a CMV if that person first perceives a
exemption summarized in today’s New Jersey Avenue SE, Room W64–224, forced whispered voice in the better ear
Federal Register notice. The waiver Washington, DC 20590–0001. Office at not less than 5 feet with or without
requested was for drivers employed by hours are from 8:30 a.m. to 5 p.m., ET, the use of a hearing aid or, if tested by
NMSCA member companies that are Monday through Friday, except Federal use of an audiometric device, does not
under contract to and have been issued holidays. If you have questions have an average hearing loss in the
a ‘‘Resource Order’’ by a Federal regarding viewing or submitting better ear greater than 40 decibels at 500
government agency to provide food and material to the docket, contact Docket Hz, 1,000 Hz, and 2,000 Hz with or
water services to contracted private fire- Services, telephone (202) 366–9826. without a hearing aid when the
fighting companies. The 90-day waiver audiometric device is calibrated to
SUPPLEMENTARY INFORMATION:
was approved by the FMCSA, and American National Standard (formerly
recently expired on October 24, 2018. I. Public Participation ASA Standard) Z24.5–1951.
The Agency had determined that 49 CFR 391.41(b)(11) was adopted in
A. Viewing Documents and Comments 1970, with a revision in 1971 to allow
granting NMSCA this waiver was in the
public interest, and that the waiver was To view comments, as well as any drivers to be qualified under this
likely to achieve a level of safety documents mentioned in this notice as standard while wearing a hearing aid,
equivalent to the level of safety that being available in the docket, go to 35 FR 6458, 6463 (April 22, 1970) and
would be obtained in the absence of the http://www.regulations.gov. Insert the 36 FR 12857 (July 3, 1971).
waiver. The NMSCA added in today’s docket number, FMCSA–2018–0135, in III. Discussion of Comments
exemption request that the 90-day the keyword box, and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’ FMCSA received two comments in
waiver that had received from the
button and choose the document to this proceeding. Vicky Johnson, of
Agency was very helpful due to the
review. If you do not have access to the Minnesota Department of Safety, wrote
severity of wildfires in the Western
internet, you may view the docket there are no objections to Thomas D.
states which allowed them to complete
online by visiting the Docket Sneer receiving a hearing exemption.
the mission of providing food, water
Management Facility in Room W12–140 An anonymous commenter indicated
and showers to the Nation’s first
on the ground floor of the DOT West that Donald Reamsnyder of Florida, is
responders without any disruption to
Building, 1200 New Jersey Avenue SE, seeking the exemption for a B CDL with
public safety.
Washington, DC 20590, between 9 a.m. Passenger/School Bus endorsement. The
A copy of the NMSCA application for
and 5 p.m., ET, Monday through Friday, Agency’s Federal Hearing Exemption
exemption is available for review in the
except Federal holidays. stipulates, that the driver granted a
docket for this notice.
hearing exemption is prohibited from
Issued on: November 20, 2018. B. Privacy Act operating a motorcoach or bus with
Larry W. Minor, passengers in interstate commerce.
In accordance with 5 U.S.C. 553(c),
Associate Administrator for Policy.
DOT solicits comments from the public IV. Basis for Exemption Determination
[FR Doc. 2018–25821 Filed 11–26–18; 8:45 am]
to better inform its rulemaking process. Under 49 U.S.C. 31136(e) and
BILLING CODE 4910–EX–P DOT posts these comments, without 31315(b), FMCSA may grant an
edit, including any personal information exemption for up to five years from the
the commenter provides, to hearing standard in 49 CFR
DEPARTMENT OF TRANSPORTATION www.regulations.gov, as described in 391.41(b)(11) if the exemption is likely
Federal Motor Carrier Safety the system of records notice (DOT/ALL– to achieve an equivalent or greater level
Administration 14 FDMS), which can be reviewed at of safety than would be achieved
www.dot.gov/privacy. without the exemption. The exemption
[Docket No. FMCSA–2018–0135] II. Background allows the applicants to operate CMVs
in interstate commerce. FMCSA grants
Qualification of Drivers; Exemption On September 10, 2018, FMCSA exemptions from the FMCSRs for a two-
Applications; Hearing published a notice announcing receipt year period to align with the maximum
of applications from 30 individuals duration of a driver’s medical
AGENCY: Federal Motor Carrier Safety requesting an exemption from the certification.
Administration (FMCSA), DOT. hearing requirement in 49 CFR The Agency’s decision regarding these
ACTION: Notice of final disposition. 391.41(b)(11) to operate a CMV in exemption applications is based on
interstate commerce and requested current medical information and
SUMMARY: FMCSA announces its comments from the public (83 FR literature, and the 2008 Evidence
decision to exempt 30 individuals from 45745). The public comment period Report, ‘‘Executive Summary on
the hearing requirement in the Federal ended on October 10, 2018, and two Hearing, Vestibular Function and
Motor Carrier Safety Regulations comments were received. Commercial Motor Driving Safety.’’ The
(FMCSRs) to operate a commercial FMCSA has evaluated the eligibility evidence report reached two
amozie on DSK3GDR082PROD with NOTICES1
motor vehicle (CMV) in interstate of these applicants and determined that conclusions regarding the matter of
commerce. The exemptions enable these granting exemptions to these hearing loss and CMV driver safety: (1)
hard of hearing and deaf individuals to individuals would achieve a level of No studies that examined the
operate CMVs in interstate commerce. safety equivalent to or greater than the relationship between hearing loss and
DATES: The exemptions were applicable level that would be achieved by crash risk exclusively among CMV
on October 13, 2018. The exemptions complying with the current regulation drivers were identified; and (2) evidence
expire on October 13, 2020. 49 CFR 391.41(b)(11). from studies of the private driver’s
VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1](https://thefederalregister.org/doc/83_FR_61171/page/3.svg)
Document Created: 2018-11-27 01:24:35
Document Modified: 2018-11-27 01:24:35
| 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 application for exemption; request for comments. | |
| Dates | Comments must be received on or before December 27, 2018. | |
| Contact | Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-2722. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 60943 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR