80_FR_60935 80 FR 60741 - Qualification of Drivers; Application for Exemptions; Hearing

80 FR 60741 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range60741-60743
FR Document2015-25498

FMCSA announces its decision to grant requests from 14 individuals for exemptions from the Agency's physical qualifications standard concerning hearing for interstate drivers. The current regulation prohibits hearing impaired individuals from operating CMVs in interstate commerce. After notice and opportunity for public comment, the Agency concluded that granting exemptions for these drivers to operate property-carrying CMVs will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. The exemptions are valid for a 2- year period and may be renewed, and the exemptions preempt State laws and regulations.

Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015) 
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60741-60743]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25498]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0106]


Qualification of Drivers; Application for Exemptions; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant requests from 14 
individuals for exemptions from the Agency's physical qualifications 
standard concerning hearing for interstate drivers. The current 
regulation prohibits hearing impaired individuals from operating CMVs 
in interstate commerce. After notice and opportunity for public 
comment, the Agency concluded that granting exemptions for these 
drivers to operate property-carrying CMVs will provide a level of 
safety that is equivalent to or greater than the level of safety 
maintained without the exemptions. The exemptions are valid for a 2-
year period and may be renewed, and the exemptions preempt State laws 
and regulations.

DATES: The exemptions are effective October 7, 2015. The exemptions 
expire on October 10, 2017.

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 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION: 

A. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to 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 www.regulations.gov, as

[[Page 60742]]

described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at www.dot.gov/privacy.

B. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the safety regulations for a 2-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 statute also allows the Agency to renew exemptions at 
the end of the 2-year period. 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 grants 14 individuals an exemption from Sec.  391.41(b)(11) 
concerning hearing to enable them to operate property-carrying CMVs in 
interstate commerce for a 2-year period. The Agency's decision on these 
exemption applications is based on the current medical literature and 
information and the ``Executive Summary on Hearing, Vestibular Function 
and Commercial Motor Driving Safety'' (the 2008 Evidence Report) 
presented to FMCSA on August 26, 2008. 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 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 CDLIS,\1\ 
for CDL holders, and inspections recorded in MCMIS.\2\ For non-CDL 
holders, the Agency reviewed the driving records from the State 
licensing agency. Each applicant's record demonstrated a safe driving 
history. The Agency believes the drivers covered by the exemptions do 
not pose a risk to public safety.
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    \1\ Commercial Driver License Information System (CDLIS) is an 
information system that allows the exchange of commercial driver 
licensing information among all the States. CDLIS includes the 
databases of 51 licensing jurisdictions and the CDLIS Central Site, 
all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an 
information system that captures data from field offices through 
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA 
inspection, crash, compliance review, safety audit, and registration 
data.
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C. Comments

    On January 22, 2015, FMCSA published a notice of receipt of 
exemption applications and requested public comment on 14 individuals 
(FR 80 3306; Docket number FMCSA-2015-00995). The comment period ended 
on February 23, 2015. In response to this notice, one comment was 
received expressing concern for the process by which exemptions are 
granted from parts of 49 CFR 391.41, the increased volume of 
exemptions, and the need to rely on scientific support as a basis for 
granting the exemptions. The American Trucking Associations, Inc. (ATA) 
submitted a comment stating, ``The granting of such a large number of 
exemptions dilutes the physical qualification standards and constitutes 
regulation through exemption. FMCSA must begin a dialogue on the need 
and effectiveness of these standards. If it is determined that these 
standards need to be altered, it must be done through the formal 
rulemaking process.'' FMCSA acknowledges ATA's concerns and may 
consider in the future the initial steps to a formal rulemaking process 
to revise physical qualification standards.

D. Exemptions Granted

    Following individualized assessments of the exemption applications, 
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 14 individuals. 
Under current FMCSA regulations, all of the 14 drivers receiving 
exemptions from 49 CFR 391.41(b)(11) would have been considered 
physically qualified to drive a CMV in interstate commerce except that 
they do not meet the hearing requirement. FMCSA has determined that the 
following 14 applicants should be granted an exemption:

Weston Tyler Arhurs

    Mr. Arthurs, 28, holds an operator's license in California.

Kevin Ray Ballard

    Mr. Ballard, 38, holds an operator's license in Texas.

Jeremy Wayne Brandyberry

    Mr. Brandyberry, 34, holds an operator's license in Nebraska.

Scott C. Friede

    Mr. Friede, 40, holds a Class A commercial driver's license (CDL) 
in Nebraska.

Glenn E. Hivey

    Mr. Hivey, 81, holds a Class A commercial driver's license (CDL) in 
Pennsylvania.

Jeremiah Putnam Hoagland

    Mr. Hoagland, 35, holds a Class A commercial driver's license (CDL) 
in Colorado.

Curtis J. Horning

    Mr. Horning, 40, holds an operator's license in Pennsylvania.

Leroy Lynch

    Mr. Lynch, 59, holds a Class A commercial driver's license (CDL) in 
Ohio.

Floyd McClain, Jr.

    Mr. McClain, 38, holds an operator's license in Florida.

Christopher David McKenzie

    Mr. McKenzie, 37, holds an operator's license in Texas.

Kimothy Fred Mcleod

    Mr. Mcleod, 51, holds a Class A commercial driver's license (CDL) 
in Georgia.

Victor Morales-Contreras

    Mr. Morales-Contreras, 27, holds an operator's license in Texas.

Brandon Veronie, Sr.

    Mr. Veronie, 36, holds a chauffeur's license in Louisiana.

Anthony L. Witcher

    Mr. Witcher, 55, holds a chauffeur's license in Michigan.

Basis for Exemption

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
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. With the exemption, applicants can 
drive in interstate commerce. Thus, the Agency's analysis focuses on 
whether an equal or greater level of safety is likely to be achieved by 
permitting each of these drivers to drive in interstate commerce as 
opposed to restricting him or her to driving in intrastate commerce. 
The

[[Page 60743]]

driver must comply with the terms and conditions of the exemption. This 
includes reporting any crashes or accidents as defined in 49 CFR 390.5 
and reporting all citations and convictions for disqualifying offenses 
under 49 CFR part 383 and 49 CFR 391.

Conclusion

    The Agency is granting exemptions from the hearing standard, 49 CFR 
391.41(b)(11), to 14 individuals based on an evaluation of each 
driver's safety experience. Safety analysis of information relating to 
these 14 applicants meets the burden of showing that granting the 
exemptions would achieve a level of safety that is equivalent to or 
greater than the level that would be achieved without the exemption. In 
accordance with 49 U.S.C. 31315, each exemption will be valid for 2 
years from the effective date with annual recertification required 
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.
    FMCSA exempts the following 14 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Weston Tyler 
Arhurs (CA); Kevin Ray Ballard (TX); Jeremy Wayne Brandyberry (NE); 
Scott C. Friede (NE); Glenn E. Hivey (PA); Jeremiah Putnam Hoagland 
(CO); Curtis J. Horning (PA); Leroy Lynch (OH); Floyd McClain, Jr. 
(FL); Christopher David McKenzie (TX); Kimothy Fred Mcleod (GA); Victor 
Morales-Contreras (TX); Brandon Veronie, Sr. (LA); and Anthony L. 
Witcher (MI).

    Issued on: September 29, 2015.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-25498 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices 60741 FMCSA Decision 381.600, during the period this DEPARTMENT OF TRANSPORTATION The FMCSA has evaluated SDDC’s exemption is in effect, no State shall application for renewal of the enforce any law or regulation applicable Federal Motor Carrier Safety exemption. The Agency believes that to interstate commerce that conflicts Administration SDDC will likely achieve a level of with or is inconsistent with this [Docket No. FMCSA–2014–0106] safety that is equivalent to or greater exemption with respect to a firm or than, the level of safety achieved person operating under the exemption. Qualification of Drivers; Application for without the exemption [49 CFR States may, but are not required to, Exemptions; Hearing 381.305(a)]. The exempted drivers will adopt the same exemption with respect AGENCY: Federal Motor Carrier Safety receive 30 minutes or more of rest when to SDDC contract operators in intrastate Administration (FMCSA), DOT. required since they will be free of all commerce. duties other than ‘‘attending’’ the ACTION: Notice of final disposition. vehicle during the break periods. The Notification to FMCSA SUMMARY: FMCSA announces its safety objectives of the break The SDDC must notify FMCSA within decision to grant requests from 14 requirement will be met; the only 5 business days of any accident (as individuals for exemptions from the subject of the exemption is the duty defined in 49 CFR 390.5), involving any Agency’s physical qualifications status of the driver while attending the of the motor carrier’s CMVs operating standard concerning hearing for vehicle during a required rest break. under the terms of this exemption. The interstate drivers. The current regulation Therefore, the Agency grants the notification must include the following prohibits hearing impaired individuals exemption request subject to the terms from operating CMVs in interstate information: and conditions in this Federal Register commerce. After notice and opportunity notice. a. Exemption Identity: ‘‘SDDC,’’ for public comment, the Agency Terms of the Exemption b. Name of operating motor carrier concluded that granting exemptions for and USDOT number, these drivers to operate property- 1. Drivers authorized by SDDC to utilize this exemption must have a copy c. Date of the accident, carrying CMVs will provide a level of of this exemption document in their d. City or town, and State, in which safety that is equivalent to or greater possession while operating under the the accident occurred, or closest to the than the level of safety maintained terms of the exemption. The exemption accident scene, without the exemptions. The document must be presented to law exemptions are valid for a 2-year period e. Driver’s name and driver’s license and may be renewed, and the enforcement officials upon request. number and State of issuance, 2. All motor carriers operating under exemptions preempt State laws and this exemption must have a f. Vehicle number and State license regulations. ‘‘Satisfactory’’ safety rating with plate number, DATES: The exemptions are effective FMCSA, or be ‘‘unrated;’’ motor carriers g. Number of individuals suffering October 7, 2015. The exemptions expire with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ physical injury, on October 10, 2017. FMCSA safety ratings are prohibited h. Number of fatalities, FOR FURTHER INFORMATION CONTACT: from using this exemption. Charles A. Horan, III, Director, Office of 3. All motor carriers operating under i. The police-reported cause of the Carrier, Driver and Vehicle Safety, (202) this exemption must have Safety accident, 366–4001, fmcsamedical@dot.gov, Measurement System (SMS) scores j. Whether the driver was cited for FMCSA, Department of Transportation, below FMCSA’s intervention violation of any traffic laws or motor 1200 New Jersey Avenue SE., Room thresholds, as displayed at http:// carrier safety regulations, and W64–224, Washington, DC 20590–0001. ai.fmcsa.dot.gov/sms/. Office hours are 8:30 a.m. to 5 p.m., e.t., k. The driver’s total driving time and Period of the Exemption total on-duty time period prior to the Monday through Friday, except Federal This exemption from the accident. holidays. requirements of 49 CFR 395.3(a)(3)(ii) is Reports filed under this provision SUPPLEMENTARY INFORMATION: granted for the period from 12:01 a.m., shall be emailed to MCPSD@DOT.GOV. A. Electronic Access October 22, 2015, through 11:59 p.m., October 21, 2017. Termination You may see all the comments online through the Federal Document Extent of the Exemption FMCSA does not believe the drivers Management System (FDMS) at: The exemption is restricted to SDDC’s covered by this exemption will www.regulations.gov. contract driver-employees transporting experience any deterioration of their Docket: For access to the docket to security-sensitive materials. This safety record. However, should this read background documents or exemption is limited to the provisions occur, FMCSA will take all steps comments, go to www.regulations.gov of 49 CFR 395.3(a)(3)(ii) to allow necessary to protect the public interest, and/or Room W12–140 on the ground contract driver-employees transporting including revocation or restriction of the level of the West Building, 1200 New security-sensitive materials to be treated exemption. The FMCSA will Jersey Avenue SE., Washington, DC, immediately revoke or restrict the between 9 a.m. and 5 p.m., e.t., Monday asabaliauskas on DSK5VPTVN1PROD with NOTICES the same as drivers transporting explosives, as provided in § 395.1(q). exemption for failure to comply with its through Friday, except Federal holidays. These drivers must comply with all terms and conditions. Privacy Act: In accordance with 5 other applicable provisions of the Issued on: September 25, 2015. U.S.C. 553(c), DOT solicits comments FMCSRs. from the public to better inform its T.F. Scott Darling, III, rulemaking process. DOT posts these Preemption Acting Administrator. comments, without edit, including any In accordance with 49 U.S.C. [FR Doc. 2015–25520 Filed 10–6–15; 8:45 am] personal information the commenter 31315(d), as implemented by 49 CFR BILLING CODE 4910–EX–P provides, to www.regulations.gov, as VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1

60742 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices described in the system of records MCMIS.2 For non-CDL holders, the Jeremy Wayne Brandyberry notice (DOT/ALL–14 FDMS), which can Agency reviewed the driving records Mr. Brandyberry, 34, holds an be reviewed at www.dot.gov/privacy. from the State licensing agency. Each operator’s license in Nebraska. applicant’s record demonstrated a safe B. Background Scott C. Friede driving history. The Agency believes the Under 49 U.S.C. 31136(e) and 31315, drivers covered by the exemptions do Mr. Friede, 40, holds a Class A FMCSA may grant an exemption from not pose a risk to public safety. commercial driver’s license (CDL) in the safety regulations for a 2-year period C. Comments Nebraska. if it finds ‘‘such exemption would likely achieve a level of safety that is Glenn E. Hivey On January 22, 2015, FMCSA equivalent to or greater than the level Mr. Hivey, 81, holds a Class A published a notice of receipt of that would be achieved absent such commercial driver’s license (CDL) in exemption applications and requested exemption.’’ The statute also allows the Pennsylvania. public comment on 14 individuals (FR Agency to renew exemptions at the end 80 3306; Docket number FMCSA–2015– Jeremiah Putnam Hoagland of the 2-year period. The current 00995). The comment period ended on provisions of the FMCSRs concerning Mr. Hoagland, 35, holds a Class A February 23, 2015. In response to this hearing state that a person is physically commercial driver’s license (CDL) in notice, one comment was received qualified to drive a CMV if that person: Colorado. expressing concern for the process by First perceives a forced whispered voice in which exemptions are granted from the better ear at not less than 5 feet with or Curtis J. Horning parts of 49 CFR 391.41, the increased without the use of a hearing aid or, if tested volume of exemptions, and the need to Mr. Horning, 40, holds an operator’s by use of an audiometric device, does not license in Pennsylvania. have an average hearing loss in the better ear rely on scientific support as a basis for greater than 40 decibels at 500 Hz, 1,000 Hz, granting the exemptions. The American Leroy Lynch and 2,000 Hz with or without a hearing aid Trucking Associations, Inc. (ATA) submitted a comment stating, ‘‘The Mr. Lynch, 59, holds a Class A when the audiometric device is calibrated to American National Standard (formerly ASA granting of such a large number of commercial driver’s license (CDL) in Standard) Z24.5—1951. exemptions dilutes the physical Ohio. 49 CFR 391.41(b)(11). This standard was qualification standards and constitutes Floyd McClain, Jr. adopted in 1970, with a revision in 1971 regulation through exemption. FMCSA Mr. McClain, 38, holds an operator’s to allow drivers to be qualified under must begin a dialogue on the need and license in Florida. this standard while wearing a hearing effectiveness of these standards. If it is aid, 35 FR 6458, 6463 (April 22, 1970) determined that these standards need to Christopher David McKenzie and 36 FR 12857 (July 3, 1971). be altered, it must be done through the Mr. McKenzie, 37, holds an operator’s FMCSA grants 14 individuals an formal rulemaking process.’’ FMCSA license in Texas. exemption from § 391.41(b)(11) acknowledges ATA’s concerns and may concerning hearing to enable them to consider in the future the initial steps to Kimothy Fred Mcleod operate property-carrying CMVs in a formal rulemaking process to revise Mr. Mcleod, 51, holds a Class A interstate commerce for a 2-year period. physical qualification standards. commercial driver’s license (CDL) in The Agency’s decision on these D. Exemptions Granted Georgia. exemption applications is based on the current medical literature and Victor Morales-Contreras Following individualized assessments information and the ‘‘Executive of the exemption applications, FMCSA Mr. Morales-Contreras, 27, holds an Summary on Hearing, Vestibular grants exemptions from 49 CFR operator’s license in Texas. Function and Commercial Motor 391.41(b)(11) to 14 individuals. Under Driving Safety’’ (the 2008 Evidence Brandon Veronie, Sr. current FMCSA regulations, all of the 14 Report) presented to FMCSA on August drivers receiving exemptions from 49 Mr. Veronie, 36, holds a chauffeur’s 26, 2008. The evidence report reached CFR 391.41(b)(11) would have been license in Louisiana. two conclusions regarding the matter of considered physically qualified to drive Anthony L. Witcher hearing loss and CMV driver safety: (1) a CMV in interstate commerce except No studies that examined the that they do not meet the hearing Mr. Witcher, 55, holds a chauffeur’s relationship between hearing loss and requirement. FMCSA has determined license in Michigan. crash risk exclusively among CMV that the following 14 applicants should Basis for Exemption drivers were identified; and (2) evidence be granted an exemption: from studies of the private driver license Under 49 U.S.C. 31136(e) and 31315, holder population does not support the Weston Tyler Arhurs FMCSA may grant an exemption from contention that individuals with hearing the hearing standard in 49 CFR Mr. Arthurs, 28, holds an operator’s 391.41(b)(11) if the exemption is likely impairment are at an increased risk for license in California. a crash. In addition, the Agency to achieve an equivalent or greater level reviewed each applicant’s driving Kevin Ray Ballard of safety than would be achieved without the exemption. With the asabaliauskas on DSK5VPTVN1PROD with NOTICES record found in the CDLIS,1 for CDL holders, and inspections recorded in Mr. Ballard, 38, holds an operator’s exemption, applicants can drive in license in Texas. interstate commerce. Thus, the Agency’s 1 Commercial Driver License Information System analysis focuses on whether an equal or (CDLIS) is an information system that allows the 2 Motor Carrier Management Information System greater level of safety is likely to be exchange of commercial driver licensing (MCMIS) is an information system that captures achieved by permitting each of these information among all the States. CDLIS includes data from field offices through SAFETYNET, the databases of 51 licensing jurisdictions and the CAPRI, and other sources. It is a source for FMCSA drivers to drive in interstate commerce CDLIS Central Site, all connected by a inspection, crash, compliance review, safety audit, as opposed to restricting him or her to telecommunications network. and registration data. driving in intrastate commerce. The VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1

Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices 60743 driver must comply with the terms and SUMMARY: FMCSA confirms its decision because several risk studies indicated conditions of the exemption. This to exempt 42 individuals from its rule that drivers with diabetes had a higher includes reporting any crashes or prohibiting persons with insulin-treated rate of crash involvement than the accidents as defined in 49 CFR 390.5 diabetes mellitus (ITDM) from operating general population. The diabetes rule and reporting all citations and commercial motor vehicles (CMVs) in provides that ‘‘A person is physically convictions for disqualifying offenses interstate commerce. The exemptions qualified to drive a commercial motor under 49 CFR part 383 and 49 CFR 391. enable these individuals to operate vehicle if that person has no established CMVs in interstate commerce. medical history or clinical diagnosis of Conclusion DATES: The exemptions were effective diabetes mellitus currently requiring The Agency is granting exemptions on June 6, 2015. The exemptions expire insulin for control’’ (49 CFR from the hearing standard, 49 CFR on June 6, 2017. 391.41(b)(3)). 391.41(b)(11), to 14 individuals based FOR FURTHER INFORMATION CONTACT: FMCSA established its diabetes on an evaluation of each driver’s safety Charles A. Horan, III, Director, Carrier, exemption program, based on the experience. Safety analysis of Driver and Vehicle Safety Standards, Agency’s July 2000 study entitled ‘‘A information relating to these 14 (202) 366–4001, fmcsamedical@dot.gov, Report to Congress on the Feasibility of applicants meets the burden of showing FMCSA, Room W64–224, Department of a Program to Qualify Individuals with that granting the exemptions would Transportation, 1200 New Jersey Insulin-Treated Diabetes Mellitus to achieve a level of safety that is Avenue SE., Washington, DC 20590– Operate in Interstate Commerce as equivalent to or greater than the level 0001. Office hours are from 8:30 a.m. to Directed by the Transportation Act for that would be achieved without the 5 p.m., Monday through Friday, except the 21st Century.’’ The report concluded exemption. In accordance with 49 Federal holidays. that a safe and practicable protocol to U.S.C. 31315, each exemption will be allow some drivers with ITDM to SUPPLEMENTARY INFORMATION: valid for 2 years from the effective date operate CMVs is feasible. The with annual recertification required I. Electronic Access September 3, 2003 (68 FR 52441), unless revoked earlier by FMCSA. The You may see all the comments online Federal Register notice in conjunction exemption will be revoked if the through the Federal Document with the November 8, 2005 (70 FR following occurs: (1) The person fails to Management System (FDMS) at: http:// 67777), Federal Register notice provides comply with the terms and conditions www.regulations.gov. the current protocol for allowing such of the exemption; (2) the exemption has Docket: For access to the docket to drivers to operate CMVs in interstate resulted in a lower level of safety than read background documents or commerce. was maintained prior to being granted; comments, go to http:// These 42 applicants have had ITDM or (3) continuation of the exemption www.regulations.gov and/or Room over a range of one to 30 years. These would not be consistent with the goals W12–140 on the ground level of the applicants report no severe and objectives of 49 U.S.C. 31136 and West Building, 1200 New Jersey Avenue hypoglycemic reactions resulting in loss 31315. SE., Washington, DC, between 9 a.m. of consciousness or seizure, requiring FMCSA exempts the following 14 and 5 p.m., Monday through Friday, the assistance of another person, or drivers for a period of 2 years from the except Federal holidays. resulting in impaired cognitive function physical qualification standard Privacy Act: In accordance with 5 that occurred without warning concerning hearing: Weston Tyler U.S.C. 553(c), DOT solicits comments symptoms, in the past 12 months and no Arhurs (CA); Kevin Ray Ballard (TX); from the public to better inform its recurrent (2 or more) severe Jeremy Wayne Brandyberry (NE); Scott rulemaking process. DOT posts these hypoglycemic episodes in the past 5 C. Friede (NE); Glenn E. Hivey (PA); comments, without edit, including any years. In each case, an endocrinologist Jeremiah Putnam Hoagland (CO); Curtis personal information the commenter verified that the driver has J. Horning (PA); Leroy Lynch (OH); provides, to www.regulations.gov, as demonstrated a willingness to properly Floyd McClain, Jr. (FL); Christopher described in the system of records monitor and manage his/her diabetes David McKenzie (TX); Kimothy Fred notice (DOT/ALL–14 FDMS), which can mellitus, received education related to Mcleod (GA); Victor Morales-Contreras be reviewed at www.dot.gov/privacy. diabetes management, and is on a stable (TX); Brandon Veronie, Sr. (LA); and insulin regimen. These drivers report no II. Background Anthony L. Witcher (MI). other disqualifying conditions, Issued on: September 29, 2015. On May 6, 2015, FMCSA published a including diabetes-related notice of receipt of Federal diabetes complications. Each meets the vision Larry W. Minor, exemption applications from 42 requirement at 49 CFR 391.41(b)(10). Associate Administrator for Policy. individuals and requested comments The qualifications and medical [FR Doc. 2015–25498 Filed 10–6–15; 8:45 am] from the public (80 FR 26133). The condition of each applicant were stated BILLING CODE 4910–EX–P public comment period closed on June and discussed in detail in the May 6, 5, 2015, and one comment was received. 2015, Federal Register notice and they FMCSA has evaluated the eligibility will not be repeated in this notice. DEPARTMENT OF TRANSPORTATION of the 42 applicants and determined that granting the exemptions to these III. Discussion of Comments Federal Motor Carrier Safety Administration individuals would achieve a level of FMCSA received one comment in this asabaliauskas on DSK5VPTVN1PROD with NOTICES safety equivalent to or greater than the proceeding. The comment is addressed [FMCSA Docket No. FMCSA–2015–0058] level that would be achieved by below. complying with the current regulation Miguel Morales stated that he is in Qualification of Drivers; Exemption 49 CFR 391.41(b)(3). favor of granting the Federal diabetes Applications; Diabetes Mellitus exemptions to the drivers. Diabetes Mellitus and Driving AGENCY: Federal Motor Carrier Safety Experience of the Applicants IV. Basis for Exemption Determination Administration (FMCSA), DOT. The Agency established the current Under 49 U.S.C. 31136(e) and 31315, ACTION: Notice of final disposition. requirement for diabetes in 1970 FMCSA may grant an exemption from VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1


Document Created: 2015-12-15 08:48:55
Document Modified: 2015-12-15 08:48:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions are effective October 7, 2015. The exemptions expire on October 10, 2017.
ContactCharles 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 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays.
FR Citation80 FR 60741 
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