83 FR 6673 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 31 (February 14, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6673-6674 | |
| FR Document | 2018-03070 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Notices] [Pages 6673-6674] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03070] [[Page 6673]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0104; FMCSA-2012-0322; FMCSA-2012-0154; FMCSA- 2015-0326; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-2015-0329] 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: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before March 16, 2018. 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. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2014-0104; FMCSA-2012-0322; FMCSA-2012-0154; FMCSA-2015-0326; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-2015-0329. using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. I. 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. II. 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. III. 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. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of January and are discussed below. As of January 6, 2018, 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 [[Page 6674]] interstate CMV drivers: John Brown (MN), Jerry Doose (MN); and Donald Howton (WI). The drivers were included in docket numbers FMCSA-2015-0326; and FMCSA-2015-0329. Their exemptions are applicable as of January 6, 2018, and will expire on January 6, 2020. As of January 14, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 8 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Canoyer, Geoffery (MN) Nelson DeLeon (FL) Jerry Ferguson (TX) Sue Gregory (UT) William Larson (NC) James Queen (TX) Morris Townsend (NC) Charles Wirick (MD) The drivers were included in docket numbers FMCSA-2014-0104; FMCSA- 2012-0322; FMCSA-2012-0154; FMCSA-2013-0122; FMCSA-2013-0123. Their exemptions are applicable as of January 14, 2018, and will expire on January 14, 2020. 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 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. IV. 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. V. 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: February 7, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-03070 Filed 2-13-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6673
DEPARTMENT OF TRANSPORTATION • Fax: 1–202–493–2251. 49 CFR 391.41(b)(11) was adopted in
Instructions: Each submission must 1970, with a revision in 1971 to allow
Federal Motor Carrier Safety include the Agency name and the drivers to be qualified under this
Administration docket number(s) for this notice. Note standard while wearing a hearing aid,
[Docket No. FMCSA–2014–0104; FMCSA–
that all comments received will be 35 FR 6458, 6463 (April 22, 1970) and
2012–0322; FMCSA–2012–0154; FMCSA– posted without change to http:// 36 FR 12857 (July 3, 1971).
2015–0326; FMCSA–2013–0122; FMCSA– www.regulations.gov, including any The 11 individuals listed in this
2013–0123; FMCSA–2015–0329] personal information provided. Please notice have requested renewal of their
see the Privacy Act heading below for exemptions from the hearing standard
Qualification of Drivers; Exemption further information. in 49 CFR 391.41(b)(11), in accordance
Applications; Hearing Docket: For access to the docket to with FMCSA procedures. Accordingly,
read background documents or FMCSA has evaluated these
AGENCY: Federal Motor Carrier Safety comments, go to http:// applications for renewal on their merits
Administration (FMCSA), DOT. www.regulations.gov at any time or and decided to extend each exemption
ACTION: Notice of renewal of Room W12–140 on the ground level of for a renewable two-year period.
exemptions; request for comments. the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9 II. Request for Comments
SUMMARY: FMCSA announces its
a.m. and 5 p.m., e.t., Monday through Interested parties or organizations
decision to renew exemptions for 11
Friday, except Federal holidays. The possessing information that would
individuals from the hearing
FDMS is available 24 hours each day, otherwise show that any, or all, of these
requirement in the Federal Motor
365 days each year. If you want drivers are not currently achieving the
Carrier Safety Regulations (FMCSRs) for
acknowledgment that we received your statutory level of safety should
interstate commercial motor vehicle
comments, please include a self- immediately notify FMCSA. The
(CMV) drivers. The exemptions enable
addressed, stamped envelope or Agency will evaluate any adverse
these hard of hearing and deaf
postcard or print the acknowledgement evidence submitted and, if safety is
individuals to continue to operate CMVs
page that appears after submitting being compromised or if continuation of
in interstate commerce.
comments online. the exemption would not be consistent
DATES: Each group of renewed Privacy Act: In accordance with 5 with the goals and objectives of 49
exemptions were applicable on the U.S.C. 553(c), DOT solicits comments U.S.C. 31136(e) and 31315, FMCSA will
dates stated in the discussions below from the public to better inform its take immediate steps to revoke the
and will expire on the dates stated in rulemaking process. DOT posts these exemption of a driver.
the discussions below. Comments must comments, without edit, including any
be received on or before March 16, 2018. personal information the commenter III. Basis for Renewing Exemptions
FOR FURTHER INFORMATION CONTACT: Ms. provides, to http://www.regulations.gov, In accordance with 49 U.S.C. 31136(e)
Christine A. Hydock, Chief, Medical as described in the system of records and 31315, each of the 11 applicants has
Programs Division, 202–366–4001, notice (DOT/ALL–14 FDMS), which can satisfied the renewal conditions for
fmcsamedical@dot.gov, FMCSA, be reviewed at http://www.dot.gov/ obtaining an exemption from the
Department of Transportation, 1200 privacy. hearing requirement. The 11 drivers in
New Jersey Avenue SE, Room W64–224, this notice remain in good standing with
Washington, DC 20590–0001. Office I. Background the Agency. In addition, for Commercial
hours are from 8:30 a.m. to 5 p.m., e.t., Under 49 U.S.C. 31136(e) and 31315, Driver’s License (CDL) holders, the
Monday through Friday, except Federal FMCSA may grant an exemption for five Commercial Driver’s License
holidays. If you have questions years if it finds ‘‘such exemption would Information System (CDLIS) and the
regarding viewing or submitting likely achieve a level of safety that is Motor Carrier Management Information
material to the docket, contact Docket equivalent to or greater than the level System (MCMIS) are searched for crash
Services, telephone (202) 366–9826. that would be achieved absent such and violation data. For non-CDL
ADDRESSES: You may submit comments exemption.’’ The statute also allows the holders, the Agency reviews the driving
bearing the Federal Docket Management Agency to renew exemptions at the end records from the State Driver’s
System (FDMS) Docket No. FMCSA– of the five-year period. FMCSA grants Licensing Agency (SDLA). These factors
2014–0104; FMCSA–2012–0322; exemptions from the FMCSRs for a two- provide an adequate basis for predicting
FMCSA–2012–0154; FMCSA–2015– year period to align with the maximum each driver’s ability to continue to
0326; FMCSA–2013–0122; FMCSA– duration of a driver’s medical safely operate a CMV in interstate
2013–0123; FMCSA–2015–0329. using certification. commerce. Therefore, FMCSA
any of the following methods: The physical qualification standard concludes that extending the exemption
• Federal eRulemaking Portal: Go to for drivers regarding hearing found in for each of these drivers for a period of
http://www.regulations.gov. Follow the 49 CFR 391.41(b)(11) states that a two years is likely to achieve a level of
online instructions for submitting person is physically qualified to driver safety equal to that existing without the
comments. a CMV if that person first perceives a exemption.
• Mail: Docket Management Facility; forced whispered voice in the better ear In accordance with 49 U.S.C. 31136(e)
U.S. Department of Transportation, 1200 at not less than 5 feet with or without and 31315, the following groups of
New Jersey Avenue SE, West Building the use of a hearing aid or, if tested by drivers received renewed exemptions in
Ground Floor, Room W12–140, use of an audiometric device, does not the month of January and are discussed
daltland on DSKBBV9HB2PROD with NOTICES
Washington, DC 20590–0001. have an average hearing loss in the below.
• Hand Delivery: West Building better ear greater than 40 decibels at 500 As of January 6, 2018, and in
Ground Floor, Room W12–140, 1200 Hz, 1,000 Hz, and 2,000 Hz with or accordance with 49 U.S.C. 31136(e) and
New Jersey Avenue SE, Washington, without a hearing aid when the 31315, the following 3 individuals have
DC, between 9 a.m. and 5 p.m., e.t., audiometric device is calibrated to satisfied the renewal conditions for
Monday through Friday, except Federal American National Standard (formerly obtaining an exemption from the
Holidays. ASA Standard) Z24.5—1951. hearing requirement in the FMCSRs for
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6704/page/1.svg)
![6674 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
interstate CMV drivers: John Brown V. Conclusion posted without change to http://
(MN), Jerry Doose (MN); and Donald Based upon its evaluation of the 11 www.regulations.gov, including any
Howton (WI). exemption applications, FMCSA renews personal information provided. Please
The drivers were included in docket the exemptions of the aforementioned see the Privacy Act heading below for
numbers FMCSA–2015–0326; and drivers from the hearing requirement in further information.
FMCSA–2015–0329. Their exemptions 49 CFR 391.41 (b)(11). In accordance Docket: For access to the docket to
are applicable as of January 6, 2018, and with 49 U.S.C. 31136(e) and 31315, each read background documents or
will expire on January 6, 2020. exemption will be valid for two years comments, go to http://
As of January 14, 2018, and in unless revoked earlier by FMCSA. www.regulations.gov at any time or
accordance with 49 U.S.C. 31136(e) and Room W12–140 on the ground level of
31315, the following 8 individuals have Issued on: February 7, 2018. the West Building, 1200 New Jersey
satisfied the renewal conditions for Larry W. Minor, Avenue, SE, Washington, DC, between 9
obtaining an exemption from the Associate Administrator for Policy. a.m. and 5 p.m., e.t., Monday through
hearing requirement in the FMCSRs for [FR Doc. 2018–03070 Filed 2–13–18; 8:45 am] Friday, except Federal holidays. The
interstate CMV drivers: BILLING CODE 4910–EX–P FDMS is available 24 hours each day
Canoyer, Geoffery (MN) e.t., 365 days each year. If you want
Nelson DeLeon (FL) acknowledgment that we received your
Jerry Ferguson (TX) DEPARTMENT OF TRANSPORTATION comments, please include a self-
Sue Gregory (UT) addressed, stamped envelope or
Federal Motor Carrier Safety postcard or print the acknowledgement
William Larson (NC)
Administration page that appears after submitting
James Queen (TX)
Morris Townsend (NC) [Docket No. FMCSA–2018–0022] comments online.
Charles Wirick (MD) Privacy Act: In accordance with 5
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
The drivers were included in docket
Applications; Diabetes Mellitus from the public to better inform its
numbers FMCSA–2014–0104; FMCSA–
rulemaking process. DOT posts these
2012–0322; FMCSA–2012–0154; AGENCY: Federal Motor Carrier Safety
comments, without edit, including any
FMCSA–2013–0122; FMCSA–2013– Administration (FMCSA), DOT.
personal information the commenter
0123. Their exemptions are applicable ACTION: Notice of applications for provides, to http://www.regulations.gov,
as of January 14, 2018, and will expire exemption; request for comments. as described in the system of records
on January 14, 2020.
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
Conditions and Requirements applications from 43 individuals for an be reviewed at http://www.dot.gov/
The exemptions are extended subject exemption from the prohibition in the privacy.
to the following conditions: (1) Each Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
driver must report any crashes or Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical
accidents as defined in 49 CFR 390.5; with insulin-treated diabetes mellitus Programs Division, (202) 366–4001,
and (2) report all citations and (ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA,
convictions for disqualifying offenses vehicle (CMV) in interstate commerce. If Department of Transportation, 1200
under 49 CFR part 383 and 49 CFR 391 granted, the exemptions would enable New Jersey Avenue SE, Room W64–224,
to FMCSA; and (3) each driver these individuals with ITDM to operate Washington, DC 20590–0001. Office
prohibited from operating a motorcoach CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., e.t.,
or bus with passengers in interstate DATES: Comments must be received on Monday through Friday, except Federal
commerce. The driver must also have a or before March 16, 2018. holidays. If you have questions
copy of the exemption when driving, for ADDRESSES: You may submit comments regarding viewing or submitting
presentation to a duly authorized bearing the Federal Docket Management material to the docket, contact Docket
Federal, State, or local enforcement System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
official. In addition, the exemption does 2018–0022 using any of the following SUPPLEMENTARY INFORMATION:
not exempt the individual from meeting methods: I. Background
the applicable CDL testing • Federal eRulemaking Portal: Go to
requirements. Each exemption will be http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
valid for two years unless rescinded online instructions for submitting FMCSA may grant an exemption from
earlier by FMCSA. The exemption will comments. the FMCSRs for a five-year period if it
be rescinded if: (1) The person fails to • Mail: Docket Management Facility; finds ‘‘such exemption would likely
comply with the terms and conditions U.S. Department of Transportation, 1200 achieve a level of safety that is
of the exemption; (2) the exemption has New Jersey Avenue SE, West Building equivalent to or greater than the level
resulted in a lower level of safety than Ground Floor, Room W12–140, that would be achieved absent such
was maintained before it was granted; or Washington, DC 20590–0001. exemption.’’ The statute also allows the
(3) continuation of the exemption would • Hand Delivery: West Building Agency to renew exemptions at the end
not be consistent with the goals and Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
objectives of 49 U.S.C. 31136(e) and New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
31315. DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
daltland on DSKBBV9HB2PROD with NOTICES
Monday through Friday, except Federal duration of a driver’s medical
IV. Preemption
Holidays. certification.
During the period the exemption is in • Fax: 1–202–493–2251. The 43 individuals listed in this
effect, no State shall enforce any law or Instructions: Each submission must notice have requested an exemption
regulation that conflicts with this include the Agency name and the from the diabetes prohibition in 49 CFR
exemption with respect to a person docket number(s) for this notice. Note 391.41(b)(3). Accordingly, the Agency
operating under the exemption. that all comments received will be will evaluate the qualifications of each
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6704/page/2.svg)
Document Created: 2018-02-14 03:59:31
Document Modified: 2018-02-14 03:59:31
| 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 | Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before March 16, 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., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 6673 |
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