[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17285-17286]
[FR Doc No: 2023-05854]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0017]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 10 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 are applicable on March 22, 2023. The exemptions
expire on March 22, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. 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 Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2023-0017) in the keyword box and click ``Search.'' Next,
sort the results by ``Posted (Newer-Older),'' choose the first notice
listed, and click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER>
before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. 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 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On February 13, 2023, FMCSA published a notice announcing receipt
of applications from 10 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 (88 FR
9314). The public comment period ended on March 15, 2023, and no
comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  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.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing aid
(35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971),
respectively).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period 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 statutes also allow the Agency to renew exemptions at
the end of the 5-year period. However, FMCSA grants medical exemptions
from the FMCSRs for a 2-year period to align with the maximum duration
of a driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on relevant scientific information and literature, and the 2008
Evidence Report, ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety.'' The evidence report reached two
conclusions regarding the matter of hearing loss and CMV driver safety:
(1) no studies that examined the relationship between hearing loss and
crash risk exclusively among CMV drivers were identified; and (2)
evidence from studies of the private driver's license holder population
does not support the contention that individuals with hearing
impairment are at an increased risk for a crash. In addition, the
Agency reviewed each applicant's driving record found in the Commercial
Driver's License Information System, for commercial driver's license
(CDL) holders, and inspections recorded in the Motor Carrier Management
Information System. For non-CDL holders, the Agency reviewed the
driving records from the State Driver's Licensing Agency. Each
applicant's record demonstrated a safe driving history. Based on an
individual assessment of each applicant that focused on whether an
equal or greater level of safety would likely be achieved by permitting
each of these drivers to drive in interstate commerce, the Agency finds
the drivers granted this exemption have demonstrated that they do not
pose a risk to public safety.
    Consequently, FMCSA finds further that in each case exempting these
applicants from the hearing standard in Sec.  391.41(b)(11) would
likely achieve a level of safety equal to that existing without the
exemption, consistent with the applicable standard in 49 U.S.C.
31315(b)(1).

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document

and include the following: (1) each driver must report any crashes or
accidents as defined in Sec.  390.5T; (2) each driver must report all
citations and convictions for disqualifying offenses under 49 CFR parts
383 and 391 to FMCSA; and (3) each driver is 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.

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 10 exemption applications, FMCSA
exempts the following drivers from the hearing standard; in Sec.
391.41(b)(11), subject to the requirements cited above:

Albert Arzola (VA)
Alexander Chaykin (CA)
Henry Cisneros (OH)
 Russell Dukes (CA)
Michael Lua-Morales (PA)
 James Luthro (TX)
Francisco Mejia (TX)
Joseph Nelson (CO)
Amber Porter (WI)
Rajbir Shokar (CA)

    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 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, 49
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-05854 Filed 3-21-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1781-1782]
[FR Doc No: 2017-00011]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0443]

Hours of Service of Drivers: Dillon Transportation LLC;
Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from
Dillon Transportation LLC (Dillon) for an exemption from certain
provisions of the Agency's hours-of-service (HOS) regulations. Dillon
proposes that its team drivers be granted an exemption from the HOS
rules pertaining to use of a sleeper berth (SB). Dillon proposes that
its team drivers be allowed to take the equivalent of 10 consecutive
hours off duty by splitting SB time into two periods totaling 10 hours,
provided neither of the two periods is less than 3 hours. FMCSA
requests public comment on Dillon's application for exemption.

DATES: Comments must be received on or before February 6, 2017.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2016-0443 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, please contact Mr. Thomas Yager, Chief, FMCSA Driver and
Carrier Operations Division; Telephone:<PHONE_NUMBER>; Email:
<EMAIL_ADDRESS>If you have questions on viewing or submitting material
to the docket, contact Docket Services, telephone<PHONE_NUMBER>.

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-2016-0443), 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-2016-0443'' 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 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 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

    Dillon states that it operates a fleet of 103 vehicles with 50 team
drivers. Dillon is a privately-owned and operated company that delivers
products to 48 states from a diversified customer base, and is known
for their high level of service as an on-time carrier. They recruit
only experienced, professional drivers. Dillon operates on a routine
weekly cycle; each workweek contains a regular subset of daily cycles
dispatching and returning long, medium and short range trips. According
to Dillon, the majority of the fleet drivers are home weekly with 34-48
hours off. The fact that some divers stay out longer is their choice to
do so; Dillon does not require their drivers to stay on the road for
more than 5 days.
    Dillon's tractors are equipped with double-bunk sleepers in the
event both drivers need or want to rest at the same time. Drivers are
allowed to make their own decisions about when and where to take short
rest breaks based on their personal needs and preferences in
conformance with regulatory requirements. Dillon asserts that it takes
safety, health and wellness seriously, and only hires well-qualified
drivers who go through a comprehensive orientation/new-hire training
program. Dillon's trucks are all equipped with electronic logging
devices for monitoring hours-of-service (HOS) compliance.
    Dillon requests an exemption from the current regulations for its
operations to eliminate the requirement that SB time include a period
of at least 8 but less than 10 consecutive hours in the SB and a
separate period of at least 2 but less than 10 consecutive hours either
in the SB or off duty, or any combination thereof (49 CFR
395.1(g)(1)(ii)(A)(1) and (2)). Dillon proposes that its team drivers
be allowed to split SB time into two periods totaling at least 10
hours, provided neither of the two periods is less than 3 hours in
length. The drivers would be able to choose between either a 3/7, 4/6,
or 5/5 ``split'' hour break to complete the required 10 hour break. The
exemption would be limited to drivers in team operations. The request
by Dillon is for a 2-year exemption period.
    Dillon states that it is common knowledge that sleeping in a moving
vehicle is more difficult than for a single driver who is able to stop
the truck during their sleeper time. According to Dillon, having the
flexibility to switch with a partner allows each driver to take
advantage of shorter driver periods when they feel fatigued even though
they have available driving time. This will result in a more flexible
work pattern improving personal and vehicular safety. The exemption
request would not apply to trips driven by a single driver.
    Dillon identified some countermeasures it would take to maintain
safe operations if the exemption is granted. The safeguards would
include, but not be limited to:
     Drive time would be reduced from 11 hours to 10 hours.
Team drivers would be limited to 10 hours of driving prior to
completing their required 10 hours total SB. Solo drivers will continue
to operate under current HOS regulations.
     Dillon trucks are equipped with Qualcomm communications
and electronic logging. Their drivers will continue to utilize Qualcomm
electronic communications and tracking to maintain HOS compliance.
     All of Dillon's tractors are equipped with speed limiters.
    Dillon believes that by allowing its team drivers to exercise
flexibility in their SB requirements, they will experience better
quality rest as a result of this exemption. To support its request for
the exemption, Dillon cited the results of a recent study conducted by
Gregory Belenky, MD at the Sleep and Performance Research Center, which
concluded that when consolidated nighttime sleep is not possible, split
sleeper berth time is preferable to consolidated daytime sleep
(www.fmcsa.dot.gov/facts-research/briefs/12-003-Split-Sleep).
    A copy of Dillon's application for exemption is available for
review in the docket for this notice.

    Issued on: December 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-00011 Filed 1-5-17; 8:45 am]
 BILLING CODE 4910-EX-P


DATE: 	May 2023

SUBJECT: 	HEM Model Output Files for the Neoprene Production Source Category

FROM: 	Matt Woody
	U.S. EPA, OAQPS

TO: 	EPA Docket ID EPA-HQ-OAR-2022-0730

We are placing these files in the docket for this rulemaking because they have been provided to Denka Performance Elastomer, LLC in response to a Request for Production in United States of America v. Denka Performance Elastomer, LLC et al., No. 2:23-cv-00735-CJB-MBN (E.D. La.). This information is already contained in this docket in the form of input files, but we are providing the output files as well. Attached to this memo are the model output files for the Neoprene Production Source Category Actual Baseline Emissions. Other model output files available in the docket include:
Neoprene Production Source Category Actual Post-Control Emissions
Neoprene Production Source Category Acute Emissions
Neoprene Production Source Category Whole Facility Baseline Emissions
Neoprene Production Source Category Whole Facility Post-Control Emissions