Motor Carrier Safety Advisory Committee (MCSAC); Public Meeting, 45201-45202 [2019-18578]

Download as PDF Federal Register / Vol. 84, No. 167 / Wednesday, August 28, 2019 / Notices 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 May 8, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following ten individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Herbert Crowe (IN) Jessica Crowe (MO) Mark Dickson (TX) Jason Gensler (OH) David Grady (CO) Frankye Helbig (FL) Thomas Lipyanic (FL) Donald Malley (MO) David Shores (NC) Richard Whittaker (IN) The drivers were included in docket number FMCSA–2014–0383. Their exemptions are applicable as of May 8, 2019, and will expire May 8, 2021. As of May 21, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual has satisfied the renewal conditions for obtaining an exemption form the hearing requirement in the FMCSRs for interstate drivers: Timothy Gallagher (PA) The driver was included in docket number FMCSA–2014–0102. The exemption was applicable as of May 21, 2019, and will expire May 21, 2021. jbell on DSK3GLQ082PROD with NOTICES Conditions and Requirements 20:14 Aug 27, 2019 Jkt 247001 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 eleven 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 16, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–18572 Filed 8–27–19; 8:45 am] BILLING CODE 4910–EX–P or services for individuals with disabilities or to request special assistance at the meeting, contact Ms. Watson by Friday, September 6, 2019. SUPPLEMENTARY INFORMATION: I. Background Purpose of the Committee MCSAC was established to provide FMCSA with advice and recommendations on motor carrier safety programs and motor carrier safety regulations. MCSAC is composed of up to 20 voting representatives from safety advocacy, safety enforcement, labor, and industry stakeholders of motor carrier safety. The diversity of the Committee ensures the requisite range of views and expertise necessary to discharge its responsibilities. The Committee operates as a discretionary committee under the authority of the U.S. Department of Transportation (DOT), established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. 2. See FMCSA’s MCSAC website for additional information about the committee’s activities at https:// www.fmcsa.dot.gov/mcsac. DEPARTMENT OF TRANSPORTATION Meeting Agenda Federal Motor Carrier Safety Administration The MCSAC will return to the topic of Automated Driving Systems (ADS) for commercial vehicles, for which it made preliminary recommendations at its last meeting in July 2018. Given the Department’s publication of its ADS 3.0 document subsequent to that meeting and other developments in the Agency’s ADS efforts, the Agency tasks the MCSAC with providing specific recommendations on regulatory provisions the Agency should revise, workforce issues, and other concerns the Agency should consider and address in a potential rulemaking. A complete agenda for the meeting will be posted in advance at www.fmcsa.dot.gov/mcsac. [Docket No. FMCSA–2006–26367] Motor Carrier Safety Advisory Committee (MCSAC); Public Meeting Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of advisory committee meeting. AGENCY: FMCSA announces a meeting of the MCSAC. DATES: The meeting will be held Monday, September 30 and Tuesday, October 1, 2019, from 9:15 a.m. to 4:30 p.m., Eastern Daylight Time (EDT). ADDRESSES: This meeting will be held at the U.S. Department of Transportation, Oklahoma City Rooms A, B, and C, 1200 New Jersey Avenue SE, Washington, DC 20590. Copies of the MCSAC Task Statements and an agenda for the entire meeting will be made available in advance of the meeting at https:// www.fmcsa.dot.gov/mcsac. FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, at (202) 385–2395, or via email at mcsac@dot.gov. Services for Individuals with Disabilities: For information on facilities SUMMARY: 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; VerDate Sep<11>2014 (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. 45201 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 II. Meeting Participation The meeting will be open to the public for its entirety. Oral comments from the public will be heard throughout the meeting, at the discretion of the MCSAC chairman and designated federal officer. Members of the public may submit written comments on the topics to be considered during the meeting by Friday, September 6, 2019, to Federal Docket Management System (FDMC) Docket Number FMCSA–2006–26367 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. E:\FR\FM\28AUN1.SGM 28AUN1 45202 Federal Register / Vol. 84, No. 167 / Wednesday, August 28, 2019 / Notices • Fax: 202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12– 140, Washington, DC, between 9 a.m. and 5 p.m., E.T. Monday through Friday, except Federal holidays. Issued on: August 21, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–18578 Filed 8–27–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0138] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 27 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce. DATES: The exemptions were applicable on June 17, 2019. The exemptions expire on June 17, 2021. 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, 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: SUMMARY: I. Public Participation jbell on DSK3GLQ082PROD with NOTICES A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA–2018–0138 in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ VerDate Sep<11>2014 20:14 Aug 27, 2019 Jkt 247001 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. B. 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 On May 14, 2019, FMCSA published a notice announcing receipt of applications from 27 individuals requesting an exemption from the hearing requirement in 49 CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested comments from the public (84 FR 21395). The public comment period ended on June 13, 2019, and one comment was received. FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals 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 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). III. Discussion of Comments FMCSA received one comment in this proceeding. Michael Millard, President/ PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 CSO AWM Associates, LLC, noted the FMCSA has taken award of the hearing exemption too far by awarding it to deaf persons who have never operated a CMV. He feels the Agency’s decision to issue hearing exemptions to non-CDL holders is imposing requirements on motor carriers and training academies beyond their control that affect the applicant’s safety, and feels FMCSA should carefully examine the nature of trucking and the applicant’s safety before exposing both applicant and public to increased safety risk. The Agency previously addressed this same concern in response to comments provided by the Commercial Vehicle Training Association (CVTA) on December 29, 2017, (82 FR 61809). For non-CDL holders, the Agency reviews the driving records from the State Driver’s Licensing Agency (SDLA). The records for each applicant who has been granted a hearing exemption demonstrate that the driver has a safe driving history. Therefore, the Agency believes that these drivers do not pose a risk to public safety and that granting the exemption achieves a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption. Although we acknowledge these concerns, the lack of any technology or accommodations that would enable institutions to train hard of hearing and deaf drivers is not evidence that FMCSA should no longer grant hearing exemptions. In fact, the Agency is aware of several States that currently conduct CDL skills testing on hard of hearing and deaf drivers, each utilizing different methods. In an effort to make this information available to others, FMCSA is working with the AAMVA to develop a resource guide for administering the CDL skills test to hard of hearing and deaf drivers. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption for up to five years from the hearing standard in 49 CFR 391.41(b)(11) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. FMCSA grants exemptions from the FMCSRs for a twoyear period to align with the maximum duration of a driver’s medical certification. The Agency’s decision regarding these exemption applications is based on current medical information and literature, and the 2008 Evidence Report, ‘‘Executive Summary on Hearing, Vestibular Function and E:\FR\FM\28AUN1.SGM 28AUN1

Agencies

[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45201-45202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18578]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]


Motor Carrier Safety Advisory Committee (MCSAC); Public Meeting

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of advisory committee meeting.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces a meeting of the MCSAC.

DATES: The meeting will be held Monday, September 30 and Tuesday, 
October 1, 2019, from 9:15 a.m. to 4:30 p.m., Eastern Daylight Time 
(EDT).

ADDRESSES: This meeting will be held at the U.S. Department of 
Transportation, Oklahoma City Rooms A, B, and C, 1200 New Jersey Avenue 
SE, Washington, DC 20590. Copies of the MCSAC Task Statements and an 
agenda for the entire meeting will be made available in advance of the 
meeting at https://www.fmcsa.dot.gov/mcsac.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor 
to the Associate Administrator for Policy, Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, at (202) 385-2395, 
or via email at [email protected].
    Services for Individuals with Disabilities: For information on 
facilities or services for individuals with disabilities or to request 
special assistance at the meeting, contact Ms. Watson by Friday, 
September 6, 2019.

SUPPLEMENTARY INFORMATION: 

I. Background

Purpose of the Committee

    MCSAC was established to provide FMCSA with advice and 
recommendations on motor carrier safety programs and motor carrier 
safety regulations. MCSAC is composed of up to 20 voting 
representatives from safety advocacy, safety enforcement, labor, and 
industry stakeholders of motor carrier safety. The diversity of the 
Committee ensures the requisite range of views and expertise necessary 
to discharge its responsibilities. The Committee operates as a 
discretionary committee under the authority of the U.S. Department of 
Transportation (DOT), established in accordance with the provisions of 
the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. 2. 
See FMCSA's MCSAC website for additional information about the 
committee's activities at https://www.fmcsa.dot.gov/mcsac.

Meeting Agenda

    The MCSAC will return to the topic of Automated Driving Systems 
(ADS) for commercial vehicles, for which it made preliminary 
recommendations at its last meeting in July 2018. Given the 
Department's publication of its ADS 3.0 document subsequent to that 
meeting and other developments in the Agency's ADS efforts, the Agency 
tasks the MCSAC with providing specific recommendations on regulatory 
provisions the Agency should revise, workforce issues, and other 
concerns the Agency should consider and address in a potential 
rulemaking. A complete agenda for the meeting will be posted in advance 
at www.fmcsa.dot.gov/mcsac.

II. Meeting Participation

    The meeting will be open to the public for its entirety. Oral 
comments from the public will be heard throughout the meeting, at the 
discretion of the MCSAC chairman and designated federal officer. 
Members of the public may submit written comments on the topics to be 
considered during the meeting by Friday, September 6, 2019, to Federal 
Docket Management System (FDMC) Docket Number FMCSA-2006-26367 using 
any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.

[[Page 45202]]

     Fax: 202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC 
20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, West Building, Room W12-140, Washington, DC, between 
9 a.m. and 5 p.m., E.T. Monday through Friday, except Federal holidays.

    Issued on: August 21, 2019.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2019-18578 Filed 8-27-19; 8:45 am]
 BILLING CODE 4910-EX-P

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