45744 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 

operating a CMV under this exemption, 

the driver must be accompanied by a 

holder of a U.S. CDL who is familiar 

with the routes traveled; (5) Daimler 

must notify FMCSA in writing within 5 

business days of any accident, as 

defined in 49 CFR 390.5, involving this 

driver; and (6) Daimler must notify 

FMCSA in writing if this driver is 

convicted of a disqualifying offense 

under § 383.51 or § 391.15 of the 

FMCSRs. 

In accordance with 49 U.S.C. 31315 

and 31136(e), the exemption will be 

valid for 5 years unless revoked earlier 

by the FMCSA. The exemption will be 

revoked if: (1) Mr. Veber fails to comply 

with the terms and conditions of the 

exemption; (2) the exemption results in 

a lower level of safety than was 

maintained before it was granted; or (3) 

continuation of the exemption would be 

inconsistent with the goals and 

objectives of 49 U.S.C. 31315 and 31136. 

VIII. Preemption 

In accordance with 49 U.S.C. 

31315(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation applicable 

to interstate or intrastate commerce that 

conflicts with or is inconsistent with 

this exemption with respect to a firm or 

person operating under the exemption. 

Issued on: August 30, 2018. 

Raymond P. Martinez, 

Administrator. 

[FR Doc. 2018–19636 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0332; FMCSA– 

2014–0385] 

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 2 

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 October 10, 

2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0332; FMCSA–2014–0385 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 selfaddressed, 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 twoyear 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 2 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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45745 

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 2 applicants has 

satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement. The 2 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 08/13/2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, 

Keith Byrd (TN) 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–2014–0385. The 

exemption is applicable as of 08/13/ 

2018, and will expire on 08/13/2020. 

As of 08/23/2018, and in accordance 

with 49 U.S.C. 31136(e) and 31315, 

Byron Smith (TX) 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–2012–0332. The 

exemption is applicable as of 08/23/ 

2018, and will expire on 08/23/2020. 

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 2 

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: August 30, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–19563 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0135] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 30 individuals for an 

exemption from the hearing requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. If granted, the 

exemptions would enable these hard of 

hearing and deaf individuals to operate 

CMVs in interstate commerce. 

DATES: Comments must be received on 

or before October 10, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2018–0135 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 selfaddressed, 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 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: 


daltland on DSKBBV9HB2PROD with NOTICES