80 FR 26610 - Qualification of Drivers; Application for Exemptions; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 89 (May 8, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 89 (May 8, 2015)
| Page Range | 26610-26612 | |
| FR Document | 2015-11121 |
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)] [Notices] [Pages 26610-26612] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11121] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0384] Qualification of Drivers; Application for Exemptions; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that 12 individuals have applied for a medical exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on these requests. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant these requests after reviewing the public comments submitted in response to this notice, the exemptions would enable 12 individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before June 8, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2014-0384 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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. Instructions: Each submission must include the Agency name and the docket numbers 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., ET, 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 self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.thefederalregister.org/2008/pdf/E8-785.pdf. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, [email protected], 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., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background The Federal Motor Carrier Safety Administration has authority to grant exemptions from many of the Federal Motor Carrier Safety Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by Section 4007 of the Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA has published in 49 CFR part 381, subpart C final rules implementing the statutory changes in its exemption procedures made by section 4007, 69 FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart C, FMCSA must publish a notice of each exemption request in the Federal Register. The Agency must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted and any research reports, technical papers and other publications [[Page 26611]] referenced in the application. The Agency must also provide an opportunity to submit public comment on the applications for exemption. --------------------------------------------------------------------------- \1\ This action adopted as final rules the interim final rules issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)), and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)]. --------------------------------------------------------------------------- The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved without the exemption. The decision of the Agency must be published in the Federal Register. If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must also specify the effective period of the exemption (up to 2 years) and explain the terms and conditions of the exemption. The exemption may be renewed. The current provisions of the FMCSRs concerning hearing state 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). This standard 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). FMCSA also issues instructions for completing the medical examination report and includes advisory criteria on the report itself to provide guidance for medical examiners in applying the hearing standard. See 49 CFR 391.43(f). The current advisory criteria for the hearing standard include a reference to a report entitled ``Hearing Disorders and Commercial Motor Vehicle Drivers'' prepared for the Federal Highway Administration, FMCSA's predecessor, in 1993.\2\ --------------------------------------------------------------------------- \2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm. --------------------------------------------------------------------------- FMCSA Requests Comments on the Exemption Applications FMCSA requests comments from all interested parties on whether a driver who cannot meet the hearing standard should be permitted to operate a CMV in interstate commerce. Further, the Agency asks for comments on whether a driver who cannot meet the hearing standard should be limited to operating only certain types of vehicles in interstate commerce, for example, vehicles without air brakes. The statute and implementing regulations concerning exemptions require that the Agency request public comments on all applications for exemptions. The Agency is also required to make a determination that an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption before granting any such requests. 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-2014-0384'' 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 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. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number ``FMCSA-2014-0384'' and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to the proposed rulemaking. Information on Individual Applicants Thomas M. Carr Mr. Carr, 50, holds a Class B commercial driver's license (CDL) in Pennsylvania. Randy Ray Griffin Mr. Griffin, 50, holds an operator's license in California. William Hall Mr. Hall, 35, holds an operator's license in Alabama. Robert Chance Hayden Mr. Hayden, 29, holds an operator's license in Florida. Robert J. Knapp Mr. Knapp, 47, holds an operator's license in Wisconsin. Keith P. Miller Mr. Miller, 37, holds an operator's license in Pennsylvania. Ramoncito Sanchez Mr. Sanchez, 34, holds an operator's license in Texas. Bradly D. Sexton Mr. Sexton, 36, holds an operator's license in Oklahoma. Sandy L. Sloat Ms. Sloat, 34, holds an operator's license in Texas. Robert A. Toler Mr. Toler, 31, holds an operator's license in Missouri. Jeffry B. Webber Mr. Webber, 53, holds an operator's license in Oklahoma. Michael K. Wilkes Mr. Wilkes, 50, holds an operator's license in Massachusetts. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business June 8, 2015. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested [[Page 26612]] persons should monitor the public docket for new material. Issued on: May 4, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-11121 Filed 5-7-15; 8:45 am] BILLING CODE 4910-EX-P
![26610 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices
available at http://www.efl.fhwa. DEPARTMENT OF TRANSPORTATION comments, go to http://
dot.gov/projects/tamiami-trail.aspx. www.regulations.gov at any time or
Federal Motor Carrier Safety Room W12–140 on the ground level of
5. Project Location: Palm Beach
Administration the West Building, 1200 New Jersey
County, SR 7 Extension. Federal Aid
[Docket No. FMCSA–2014–0384] Avenue SE., Washington, DC, between 9
No: 4752(030)P. Project Type: The
a.m. and 5 p.m., ET, Monday through
project will extend SR 7 for 8.5 miles
Qualification of Drivers; Application for Friday, except Federal holidays. The
from SR704 (Okeechobee Boulevard) to FDMS is available 24 hours each day,
SR809A (Northlake Boulevard). The Exemptions; Hearing
365 days each year. If you want
actions by FHWA and the laws under AGENCY: Federal Motor Carrier Safety acknowledgment that we received your
which such actions were taken are Administration (FMCSA), DOT. comments, please include a self-
described in the EA and in the FONSI ACTION: Notice of applications for addressed, stamped envelope or
issued on February 19, 2015, and are exemptions; request for comments. postcard or print the acknowledgement
available at http:// page that appears after submitting
www.sr7extension.com/home.htm. SUMMARY: FMCSA announces that 12
comments on-line.
individuals have applied for a medical Privacy Act: Anyone may search the
6. Project Location: Brevard County, exemption from the hearing requirement
Palm Bay Parkway Southern electronic form of all comments
in the Federal Motor Carrier Safety received into any of our dockets by the
Interchange at I–95. Financial Project Regulations (FMCSRs). In accordance
No: 426904–1–22–01 and 426904–1–22– name of the individual submitting the
with the statutory requirements comment (or of the person signing the
02 Project Type: The project builds a concerning applications for exemptions, comment, if submitted on behalf of an
new interchange that will directly FMCSA requests public comments on association, business, labor union, etc.).
connect the Palm Bay Parkway and these requests. The statute and You may review DOT’s Privacy Act
Micco Road to I–95 just south of the implementing regulations concerning Statement for the FDMS published in
City of Palm Bay in Brevard County. exemptions require that exemptions the Federal Register on January 17,
The actions by FHWA and the laws must provide an equivalent or greater 2008 (73 FR 3316), or you may visit
under which such actions were taken level of safety than if they were not http://edocket.access.gpo.gov/2008/pdf/
are described in the EA and in the granted. If the Agency determines the E8-785.pdf.
FONSI issued on February 25, 2015, and exemptions would satisfy the statutory
FOR FURTHER INFORMATION CONTACT:
are available at requirements and decides to grant these
Charles A. Horan, III, Director, Office of
www.palmbayinterchange.com. requests after reviewing the public
Carrier, Driver and Vehicle Safety, (202)
comments submitted in response to this
7. Project Location: Alachua and 366–4001, fmcsamedical@dot.gov,
notice, the exemptions would enable 12
Putnam Counties, SR 20. Financial FMCSA, Department of Transportation,
individuals to operate CMVs in
Project No: 207818–1 and 210024–1. 1200 New Jersey Avenue SE., Room
interstate commerce.
Project Type: The project will widen W64–224, Washington, DC 20590–0001.
DATES: Comments must be received on
SR–20 from a two-lane rural roadway to Office hours are from 8:30 a.m. to 5
or before June 8, 2015. p.m., Monday through Friday, except
a four-lane urban divided roadway with
ADDRESSES: You may submit comments Federal holidays.
a raised median from US–301 to CR– bearing the Federal Docket Management
315. The actions by FHWA and the laws SUPPLEMENTARY INFORMATION:
System (FDMS) Docket No. FMCSA–
under which such actions were taken 2014–0384 using any of the following Background
are described in the EA and in the methods: The Federal Motor Carrier Safety
FONSI issued on March 17, 2015, and • Federal eRulemaking Portal: Go to Administration has authority to grant
are available at http:// http://www.regulations.gov. Follow the exemptions from many of the Federal
www.nflroads.com/_layouts/ on-line instructions for submitting Motor Carrier Safety Regulations
FDOT%20D2%20Northeast%20 comments. (FMCSRs) under 49 U.S.C. 31315 and
Florida%20Road%20Construction/ • Mail: Docket Management Facility; 31136(e), as amended by Section 4007
ProjectDetails.aspx?pid=12&sid=All. U.S. Department of Transportation, 1200 of the Transportation Equity Act for the
New Jersey Avenue SE., West Building 21st Century (TEA–21) (Pub. L. 105–
(Catalog of Federal Domestic Assistance
Ground Floor, Room W12–140, 178, June 9, 1998, 112 Stat. 107, 401).
Program Number 20.205, Highway Planning
and Construction. The regulations
Washington, DC 20590–0001. FMCSA has published in 49 CFR part
• Hand Delivery: West Building 381, subpart C final rules implementing
implementing Executive Order 12372
Ground Floor, Room W12–140, 1200 the statutory changes in its exemption
regarding intergovernmental consultation on
New Jersey Avenue SE., Washington, procedures made by section 4007, 69 FR
Federal programs and activities apply to this
program.)
DC, between 9 a.m. and 5 p.m., ET, 51589 (August 20, 2004).1 Under the
Monday through Friday, except Federal rules in part 381, subpart C, FMCSA
Authority: 23 U.S.C. 139(l)(1). Holidays. must publish a notice of each exemption
Dated: April 23, 2015. • Fax: 1–202–493–2251.
Instructions: Each submission must request in the Federal Register. The
James C. Christian,
include the Agency name and the Agency must provide the public with an
Division Administrator, Federal Highway docket numbers for this notice. Note opportunity to inspect the information
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Administration, Tallahassee, Florida. that all comments received will be relevant to the application, including
[FR Doc. 2015–10431 Filed 5–7–15; 8:45 am] posted without change to http:// any safety analyses that have been
BILLING CODE 4910–RY–P www.regulations.gov, including any conducted and any research reports,
personal information provided. Please technical papers and other publications
see the Privacy Act heading below for 1 This action adopted as final rules the interim
further information. final rules issued by FMCSA’s predecessor in 1998
Docket: For access to the docket to (63 FR 67600 (Dec. 8, 2008)), and adopted by
read background documents or FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].
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![26612 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices
persons should monitor the public 1200 New Jersey Avenue SE., 391.41(b)(8) states that a person is
docket for new material. Washington, DC, between 9 a.m. and physically qualified to drive a CMV if
Issued on: May 4, 2015. 5 p.m., Monday through Friday, except that person has no established medical
Larry W. Minor,
Federal Holidays. history or clinical diagnosis of epilepsy
• Fax: 1–202–493–2251. or any other condition which is likely
Associate Administrator for Policy.
Each submission must include the to cause the loss of consciousness or any
[FR Doc. 2015–11121 Filed 5–7–15; 8:45 am] loss of ability to control a CMV.
Agency name and the docket ID for this
BILLING CODE 4910–EX–P Notice. Note that DOT posts all FMCSA provides medical advisory
comments received without change to criteria for use by medical examiners in
www.regulations.gov, including any determining whether drivers with
DEPARTMENT OF TRANSPORTATION personal information included in a certain medical conditions should be
comment. Please see the Privacy Act certified to operate CMVs in intrastate
Federal Motor Carrier Safety
heading below. commerce. The advisory criteria
Administration
Docket: For access to the docket to indicate that if an individual has had a
[Docket No. FMCSA–2015–0115] read background documents or sudden episode of a non-epileptic
comments, go to www.regulations.gov, seizure or loss of consciousness of
Qualification of Drivers; Exemption at any time or Room W12–140 on the unknown cause that did not require
Applications; Epilepsy and Seizure ground level of the West Building, 1200 anti-seizure medication, the decision
Disorders New Jersey Avenue SE., Washington, whether that person’s condition is likely
AGENCY: Federal Motor Carrier Safety DC, between 9 a.m. and 5 p.m., Monday to cause the loss of consciousness or
Administration (FMCSA), DOT. through Friday, except Federal holidays. loss of ability to control a CMV should
The FDMS is available 24 hours each be made on an individual basis by the
ACTION: Notice of applications for
day, 365 days each year. If you want medical examiner in consultation with
exemptions; request for comments. the treating physician. Before
acknowledgment that we received your
SUMMARY: FMCSA announces receipt of comments, please include a self- certification is considered, it is
applications from 18 individuals for an addressed, stamped envelope or suggested that a 6-month waiting period
exemption from the prohibition against postcard or print the acknowledgement elapse from the time of the episode.
persons with a clinical diagnosis of page that appears after submitting Following the waiting period, it is
epilepsy or any other condition that is comments on-line. suggested that the individual have a
likely to cause a loss of consciousness Privacy Act: In accordance with 5 complete neurological examination. If
or any loss of ability to operate a U.S.C. 553(c), DOT solicits comments the results of the examination are
commercial motor vehicle (CMV) in from the public to better inform its negative and anti-seizure medication is
interstate commerce. The regulation and rulemaking process. DOT posts these not required, then the driver may be
the associated advisory criteria comments, without edit, including any qualified.
personal information the commenter In those individual cases where a
published in the Code of Federal
provides, to www.regulations.gov, as driver had a seizure or an episode of
Regulations as the ‘‘Instructions for
described in the system records notice loss of consciousness that resulted from
Performing and Recording Physical
(DOT/ALL–14 FDMS), which can be a known medical condition (e.g., drug
Examinations’’ have resulted in
reviewed at www.dot.gov/privacy. reaction, high temperature, acute
numerous drivers being prohibited from
infectious disease, dehydration, or acute
operating CMVs in interstate commerce FOR FURTHER INFORMATION CONTACT: metabolic disturbance), certification
based on the fact that they have had one Charles A. Horan, III, Director, Office of should be deferred until the driver has
or more seizures and are taking anti- Carrier, Driver and Vehicle Safety, (202) recovered fully from that condition, has
seizure medication, rather than an 366–4001, or via email at no existing residual complications, and
individual analysis of their fmcsamedical@dot.gov, or by letter to is not taking anti-seizure medication.
circumstances by a qualified medical FMCSA, Room W64–113, Department of Drivers who have a history of
examiner. If granted, the exemptions Transportation, 1200 New Jersey epilepsy/seizures, off anti-seizure
would enable these individuals who Avenue SE., Washington, DC 20590– medication and seizure-free for 10 years,
have had one or more seizures and are 0001. Office hours are from 8:30 a.m. to may be qualified to operate a CMV in
taking anti-seizure medication to 5 p.m., Monday through Friday, except interstate commerce. Interstate drivers
operate CMVs for up to 2 years in Federal holidays. with a history of a single unprovoked
interstate commerce. SUPPLEMENTARY INFORMATION: seizure may be qualified to drive a CMV
DATES: Comments must be received on in interstate commerce if seizure-free
or before June 8, 2015. Background
and off anti-seizure medication for a 5-
ADDRESSES: You may submit comments Under 49 U.S.C. 31315 and 31136(e), year period or more.
bearing the Federal Docket Management FMCSA may grant an exemption for up
System (FDMS) Docket ID FMCSA– to a 2-year period if it finds ‘‘such Submitting Comments
2015–0115 using any of the following exemption would likely achieve a level You may submit your comments and
methods: of safety that is equivalent to or greater material online or by fax, mail, or hand
• Federal eRulemaking Portal: Go to than the level that would be achieved delivery, but please use only one of
www.regulations.gov. Follow the on-line absent such exemption.’’ The statutes these means. FMCSA recommends that
asabaliauskas on DSK5VPTVN1PROD with NOTICES
instructions for submitting comments. allow the Agency to renew exemptions you include your name and a mailing
• Mail: Docket Management Facility; at the end of the 2-year period. The 18 address, an email address, or a phone
U.S. Department of Transportation, 1200 individuals listed in this notice have number in the body of your document
New Jersey Avenue SE., West Building requested an exemption from the so that FMCSA can contact you if there
Ground Floor, Room W12–140, epilepsy prohibition in 49 CFR are questions regarding your
Washington, DC 20590–0001. 391.41(b)(8), which applies to drivers submission. To submit your comment
• Hand Delivery or Courier: West who operate CMVs as defined in 49 CFR online, go to http://www.regulations.gov
Building Ground Floor, Room W12–140, 390.5, in interstate commerce. Section and in the search box insert the docket
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Document Created: 2018-02-21 10:24:10
Document Modified: 2018-02-21 10:24:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before June 8, 2015. | |
| Contact | Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, [email protected], 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., Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 26610 |
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