28898 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 

Lawrence J. Knox 

Mr. Knox is a 57 year-old class D 

driver in Massachusetts. He has a 

history of a seizure disorder and has 

been seizure free since 1988. He takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

May 2015. His physician states that he 

is supportive of Mr. Knox receiving an 

exemption. 

Thomas A. Ork 

Mr. Ork is a 56 year-old class C driver 

in New York. He has a seizure disorder 

and has been seizure free since 2004. He 

takes anti-seizure medication with the 

dosage and frequency remaining the 

same since 2004. His physician states 

that he is supportive of Mr. Ork 

receiving an exemption. 

Constance Seale 

Ms. Seale is a 64 year-old class CB 

CDL holder in Delaware. She has a 

history of a seizure disorder and has 

been seizure free since 1978. She takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

1978. Her physician states that he is 

supportive of Ms. Seale receiving an 

exemption. 

Anne M. Spencer-Brown 

Ms. Spencer-Brown is a 38 year-old 

class A CDL holder in West Virginia. 

She has a history of a seizure disorder 

and has been seizure free since 2008. 

She takes anti-seizure medication with 

the dosage and frequency remaining the 

same since 2008. Her physician states 

that she is supportive of Ms. SpencerBrown receiving an exemption. 

Floyd C. Williams 

Mr. Williams is a 53 year-old class D 

driver in Virginia. He has a history of a 

seizure disorder and has been seizure 

free since 2003. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2003. His physician states that he is 

supportive of Mr. Williams receiving an 

exemption. 

III. Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the dates section of the notice. 

IV. Submitting Comments 

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 and in the 

search box insert the docket number 

FMCSA–2018–0053 and click the search 

button. When the new screen appears, 

click on the blue ‘‘Comment Now!’’ 

button on the right hand side of the 

page. On the new page, enter 

information required including the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 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, selfaddressed postcard or envelope. 

We will consider all comments and 

materials received during the comment 

period. FMCSA may issue a final 

determination at any time after the close 

of the comment period. 

V. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble, 

go to http://www.regulations.gov and in 

the search box insert the docket number 

FMCSA–2018–0053 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: June 15, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–13317 Filed 6–20–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0175] 

Hours of Service of Drivers: American 

Concrete Pumping Association 

(ACPA); 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 from the 

American Concrete Pumping 

Association (ACPA) for an exemption 

from the requirement that short-haul 

drivers utilizing the records of duty 

status (RODS) exception return to their 

normal work-reporting location within 

12 hours of coming on duty. ACPA 

requests that concrete pump operators 

be allowed to use the short-haul 

exception but return to their workreporting location within 14 hours 

instead of the usual 12 hours. The 

requested exemption would apply 

industry-wide to all concrete pump 

operators, concrete pumping companies, 

and drivers who operate concrete 

pumps. FMCSA requests public 

comment on ACPA’s application for 

exemption. 

DATES: Comments must be received on 

or before July 23, 2018. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2018–0175 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. E.T., 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: For 

information concerning this notice, 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 28899 

1FMCSA does not generally have jurisdiction 

over intrastate transporation; however, most States 

have commercial motor vehicle statutes and 

regulations that are compatible with Federal 

regulations. With few exceptions, an FMCSA 

exemption only applies to interstate transportation, 

although some States honor them for intrastate 

traffic. 

please contact Ms. Pearlie Robinson, 

FMCSA Driver and Carrier Operations 

Division; Telephone: (202) 366–4225; 

Email: MCPSD@dot.gov. 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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2018–0175), 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–2018–0175’’ 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 81⁄2 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, selfaddressed 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 

ACPA seeks an exemption from the 

restriction of the RODS exception for 

short-haul operations available to 

drivers who return to their normal work 

reporting location and are released from 

work within 12 hours [49 CFR 

395.1(e)(1)(ii)(A)]. Specifically, ACPA 

requests that concrete pump operators 

be treated the same as drivers operating 

ready-mixed concrete delivery vehicles 

as provided in § 49 CFR 

395.1(e)(1)(ii)(B). Section 

395.1(e)(1)(ii)(B) allows drivers of readymixed concrete delivery vehicles to rely 

on the short-haul exception provided 

they return to their work-reporting 

locations and are released from work 

within 14 consecutive hours. The 

requested exemption would apply 

industry-wide to all concrete pump 

operators, concrete pumping companies, 

and drivers who deliver, set-up, and 

operate concrete pumps across the 

United States. 

ACPA currently represents more than 

600 member companies employing over 

7,000 workers nationwide. The 

exemption would be applied to all 

interstate concrete pumper trucks and 

their operators. Although many of the 

trucks operate intrastate and would 

therefore not be covered by an FMCSA 

exemption, an unknown number of the 

pumping trucks are operated in 

metropolitan areas and do routinely 

cross State lines.1

ACPA explained that, like readymixed concrete delivery trucks and 

asphalt pavement delivery trucks, 

concrete pumps work with a perishable 

product delivered on a just-in-time 

basis. Timing and scheduling are critical 

to ensure a high-quality result. Allowing 

concrete pump drivers to use the shorthaul exception, but return to their 

reporting location within 14 hours 

instead of 12 hours, would harmonize 

the hours-of-service rules for drivers of 

concrete pumps with the rules for 

drivers of the vehicles that supply the 

concrete. 

ACPA explained that only a small 

percentage of the concrete pump 

operator’s time is spent driving. On 

average, concrete pump operators spend 

between 25–32% of their time driving 

during a shift, and average daily driving 

distances are 20–25 miles. A pump 

operator has plenty of rest time with 

breaks ranging from 33%–55% of their 

total time pumping. The majority of an 

operator’s time is spent waiting on 

ready-mixed concrete. 

ACPA further explained that a 

concrete pump cannot operate without 

a ready-mixed truck. Having conflicting 

requirements creates confusion on job 

sites. Clear and consistent requirements 

between the concrete pumps and the 

ready-mixed trucks will help ensure an 

equivalent level of safety on the job site. 

ACPA adds that concrete pumping and 

placement companies work in 

collaboration with ready-mixed 

companies. Scheduling local business 

contracts in compliance with State and 

Federal regulations is complicated, 

given that some concrete companies 

operate under different FMCSA rules. 

ACPA asserts that the concrete 

pumping industry has a solid safety 

record. Break periods, spent waiting for 

the ready-mixed trucks deliveries, 

provide opportunity for concrete pump 

operators to rest and relax. The ACPA 

Operator Certification Program ensures, 

encourages, and educates the concrete 

pump operators on safe concerete 

pumping and placement procedures. 

These safety practices allow concrete 

operators to maintain their safety record 

through careful training and welldeveloped safety guidelines. Because of 

the concrete pump operators’ training 

and preparation and numerous rest 

breaks, providing the additional 2 duty 

hours to concrete pump operators will 

have no impact on the level of safety 

provided under the short-haul 

exception. The requested exemption is 

for 5 years, with opportunity for 

renewals. 

A copy of the ACPA’s application for 

exemption is available for review in the 

docket for this notice. 


amozie on DSK3GDR082PROD with NOTICES1
28900 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 

Issued on: June 15, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–13316 Filed 6–20–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0124; FMCSA– 

2013–0125] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 3 

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 March 27, 2018. The exemptions 

expire on March 27, 2020. 

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. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/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. 

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. 

II. Background 

On April 27, 2018, FMCSA published 

a notice announcing its decision to 

renew exemptions for 3 individuals 

from the hearing standard in 49 CFR 

391.41(b)(11) to operate a CMV in 

interstate commerce and requested 

comments from the public (83 FR 

18623). The public comment period 

ended on May 29, 2018, and no 

comments were received. 

As stated in the previous notice, 

FMCSA has evaluated the eligibility of 

these applicants and determined that 

renewing these exemptions would 

achieve a level of safety equivalent to or 

greater than the level that would be 

achieved by complying with the current 

regulation 49 CFR 391.41(b)(11). 

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). 

III. Discussion of Comments 

FMCSA received no comments in this 

preceding. 

Conclusion 

Based upon its evaluation of the 3 

renewal exemption applications, 

FMCSA announces its’ decision to 

exempt the following drivers from the 

hearing requirement in 49 CFR 

391.41(b)(11): 

As of March 27, 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 

interstate CMV drivers (FR 83 18623). 

Marquarius Boyd, (MS); Keith Craig 

Drown, (ID); and James Gooch, (KS). 

The drivers were included in docket 

number FMCSA–2013–0124 and 

FMCSA 2013–0125. 

Their exemptions are applicable as of 

March 27, 2018, and will expire on 

March 27, 2020. 

In accordance with 49 U.S.C. 31315, 

each exemption will be valid for two 

years from the effective date unless 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (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 prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136 and 

31315. 

Issued on: June 15, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–13318 Filed 6–20–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0118] 

Agency Information Collection 

Activities; Revision of an Approved 

Information Collection: Inspection, 

Repair and Maintenance 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for 

review and approval. The information 

collection concerns records of 

inspection, repair, and maintenance of 

commercial motor vehicles (CMVs). The 

FMCSA requests approval to revise and 

renew an ICR entitled, ‘‘Inspection, 

Repair and Maintenance.’’ FMCSA 

collects this information to ensure that 

motor carriers have adequate 

documentation of their inspection, 

repair, and maintenance programs 

necessary to reduce the likelihood of 

CMV crashes. 

DATES: Please send your comments by 

July 23, 2018. OMB must receive your 

comments by this date in order to act 

quickly on the ICR. 

ADDRESSES: All comments should 

reference Federal Docket Management 


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