Qualification of Drivers; Exemption Applications; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
20 July 2018
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34648-34649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15546]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0102; FMCSA-2015-0329; FMCSA-2015-0328; FMCSA-
2015-0326; FMCSA-2015-0327]
Qualification of Drivers; Exemption Applications; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
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SUMMARY: FMCSA announces its decision to renew exemptions for 15
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 August
20, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0102; FMCSA-2015-0329;
FMCSA-2015-0328; FMCSA-2015-0326; and FMCSA-2015-0327 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.
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.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. 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 15 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
[[Page 34649]]
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 15
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 15 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 June 17, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 2 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Tanya Bland, (MD); and Joseph Woodle (AL)
The drivers were included in docket number FMCSA-2015-0326. Their
exemptions are applicable as of June 17, 2018, and will expire on June
17, 2020.
As of June 24, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 4 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Paul Aseka (FL)
John Dumars (FL)
Michael McCarthy (MN)
Fernando Velasquez (TX)
The drivers were included in docket number FMCSA-2015-0328. Their
exemptions are applicable as of June 24, 2018, and will expire on June
24, 2020.
As of June 25, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, Daniel Tricolici (MA) has satisfied the renewal conditions for
obtaining an exemption from the hearing requirement in the FMCSRs for
interstate CMV drivers.
This driver was included in docket number FMCSA-2015-0327. The
exemption is applicable as of June 25, 2018, and will expire on June
25, 2020.
As of June 27, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 4 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers.
Glenn Ferguson (TX)
Anthony Panto (NJ)
Wayne Turner (IL)
Robert Wilson (TN)
The drivers were included in docket number FMCSA-2015-0329. Their
exemptions are applicable as of June 27, 2018, and will expire on June
27, 2020.
As of June 29, 2018, and accordance with U.S.C. 31136(e) and 31315,
the following 4 individuals have satisfied the renewal conditions for
obtaining an exemption from the hearing requirement in the FMCSRs for
interstate CMV drivers.
Andrew Dueschle (TX)
Alfredo Ramirez (TX)
Julie Ramirez (TX)
Hayden Teesdale (TX)
The drivers were included in docket number FMCSA-2014-0102. Their
exemptions are applicable June 29, 2018, and will expire on June 29,
2020.
IV. 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.
V. 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.
VI. Conclusion
Based upon its evaluation of the 19 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: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15546 Filed 7-19-18; 8:45 am]
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