Qualification of Drivers; Exemption Applications; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
7 June 2019
[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26717-26719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11920]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-2014-0107; FMCSA-
2013-0124]
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 twenty
four 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 July 8,
2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0103; FMCSA-2014-0106;
FMCSA-2014-0107; FMCSA-2013-0124 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,
[[Page 26718]]
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. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-2014-0107;
FMCSA-2013-0124), 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-2014-0103; FMCSA-2014-0106; FMCSA-2014-
0107; FMCSA-2013-0124, 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-2014-0103; FMCSA-2014-0106; FMCSA-2014-
0107; FMCSA-2013-0124, 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 drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5-1951.
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 twenty four 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 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 twenty
six applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The twenty four 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 March 3, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Kevin Ballard (TX)
Scott Friede (TX)
Brandon Veronie (LA)
Anthony Witcher (MI)
The drivers were included in docket number FMCSA-2014-0106. Their
exemptions are applicable as of March 3, 2019, and will expire March 3,
2021.
As of March 13, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption form the hearing requirement in
the FMCSRs for interstate drivers:
Courtney Bertling (OR)
John Huey (TX)
John Hughey (AR)
Scott Putman (TX)
Kirk Soneson (OH)
The drivers were included in docket number FMCSA-2014-0107. Their
[[Page 26719]]
exemptions, were applicable March 13, 2019, and will expire March 13,
2021.
As of March 19, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Jared Katakura (HI) and Victor Morales (TX)
The drivers were included in docket numbers FMCSA-2014-0103 and
FMCSA-2014-0106. Their exemptions are applicable as of March 19, 2019,
and will expire on March 19, 2021.
As of March 29, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following thirteen individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Conley Bowling (NY)
Kareem Douglas (OH)
Craig Eberhart (PA)
Kenneth Frilando (NY)
Nathaniel Godfrey (KY)
Kenneth Harris (TX)
David Helgerson (WI)
Susan Helgerson (WI)
Floyd McClain (OH)
Robert Parrish (CA)
Victor Robinson (IN)
Jesse Shelander, (TX)
John Turner (CO)
The drivers were included in docket numbers FMCSA-2014-0103 and
FMCSA-2014-0124. Their exemptions are applicable as of March 29, 2019,
and will expire on March 29, 2021.
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 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 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 twenty four 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: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-11920 Filed 6-6-19; 8:45 am]
BILLING CODE 4910-EX-P