81 FR 96187 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 250 (December 29, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 250 (December 29, 2016)
| Page Range | 96187-96188 | |
| FR Document | 2016-31553 |
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)] [Notices] [Pages 96187-96188] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31553] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0102] Qualification of Drivers; Exemption Applications; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew the exemption for one individual from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemption enables hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce. DATES: The renewed exemption was effective on May 21, 2016. The renewed exemption will expire on May 21, 2018. Comments must be received on or before January 30, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 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., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2014-0102] using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 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 online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the two-year period. 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). The individual listed in this notice has requested a renewal of his exemption from the hearing standard in 49 CFR 391.41(b)(11), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated this application for renewal on its merits and decided to extend each exemption for a renewable two-year period. II. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, this applicant has satisfied the renewal conditions for obtaining an exemption from the hearing requirement (80 FR 22768). In addition, for Commercial Driver's License (CDL) holders, the Commercial Driver's [[Page 96188]] License Information System (CDLIS) and the Motor Carrier Management Information System (MCMIS) are searched for crash and violation data. For non-CDL holders, the Agency reviews the driving records from the State Driver's Licensing Agency (SDLA). These factors provide an adequate basis for predicting each driver's ability to continue to safely operate a CMV in interstate commerce. The driver in this notice remains in good standing with the Agency and has not exhibited any medical issues that would compromise his ability to safely operate a CMV during the previous two-year exemption period. FMCSA has concluded that renewing the exemption for this applicant is likely to achieve a level of safety equal to that existing without the exemption. Therefore, FMCSA has decided to renew each exemption in accordance with 49 U.S.C. 31136(e) and 31315 for a two- year period. As of May 21, 2016, Timothy Gallagher (PA) has satisfied the renewal conditions for obtaining an exemption from the hearing requirement in 49 CFR 391.41(b)(11), from driving CMVs in interstate commerce. This driver was included in FMCSA-2014-0102. This exemption was effective on May 21, 2016, and will expire on May 21, 2018. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must report any crashes or accidents as defined in 49 CFR 390.5; and (2) report all citations and convictions for disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA. In addition, the driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The driver is prohibited from operating a motorcoach or bus with passengers in interstate commerce. The exemption does not exempt the individual from meeting the applicable CDL testing requirements. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. IV. Conclusion Based upon its evaluation of this exemption application, FMCSA renews the exemption of the aforementioned driver from the hearing requirement in 49 CFR 391.41(b)(11). In accordance with 49 U.S.C. 31136(e) and 31315, the exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: December 21, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-31553 Filed 12-28-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices 96187
Darryl L. Reasby (WI) Department of Transportation, 1200 I. Background
Michael A. Roosa (MA) New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315,
Gary W. Seal (TN) 224, Washington, DC 20590–0001. FMCSA may grant an exemption for two
Garey W. Smith (TN) Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would
John E. Steltz (MN) p.m., e.t., Monday through Friday, likely achieve a level of safety that is
James E. Vaughan, Jr. (TN) except Federal holidays. If you have equivalent to or greater than the level
Robert W. Wagner II (OH) questions regarding viewing or that would be achieved absent such
Todd A. Waller (MO) submitting material to the docket, exemption.’’ The statute also allows the
Kevin A. Warren (OH) contact Docket Services, telephone (202) Agency to renew exemptions at the end
Kevin L. Wendt (WY) 366–9826. of the two-year period.
In accordance with 49 U.S.C. 31136(e) ADDRESSES: You may submit comments The physical qualification standard
and 31315 each exemption is valid for bearing the Federal Docket Management for drivers regarding hearing found in
two years unless revoked earlier by System (FDMS) Docket No. FMCSA– 49 CFR 391.41(b)(11) states that a
FMCSA. The exemption will be revoked 2014–0102] using any of the following person is physically qualified to drive a
if the following occurs: (1) The person methods: CMV if that person:
fails to comply with the terms and • Federal eRulemaking Portal: Go to First perceives a forced whispered voice in
conditions of the exemption; (2) http://www.regulations.gov. Follow the the better ear at not less than 5 feet with or
the exemption has resulted in a lower online instructions for submitting without the use of a hearing aid or, if tested
level of safety than was maintained comments. by use of an audiometric device, does not
before it was granted; or (3) • Mail: Docket Management Facility; have an average hearing loss in the better ear
continuation of the exemption would U.S. Department of Transportation, 1200 greater than 40 decibels at 500 Hz, 1,000 Hz,
not be consistent with the goals and and 2,000 Hz with or without a hearing aid
New Jersey Avenue SE., West Building when the audiometric device is calibrated to
objectives of 49 U.S.C. 31136(e) and Ground Floor, Room W12–140,
31315. If the exemption is still effective American National Standard (formerly ASA
Washington, DC 20590–0001. Standard) Z24.5–1951.
at the end of the 2-year period, the • Hand Delivery: West Building
person may apply to FMCSA for a 49 CFR 391.41(b)(11) was adopted in
Ground Floor, Room W12–140, 1200
renewal under procedures in effect at 1970, with a revision in 1971 to allow
New Jersey Avenue SE., Washington,
that time. drivers to be qualified under this
DC, between 9 a.m. and 5 p.m. e.t.,
standard while wearing a hearing aid,
Issued on: December 15, 2016. Monday through Friday, except Federal
35 FR 6458, 6463 (April 22, 1970) and
Larry W. Minor, Holidays.
36 FR 12857 (July 3, 1971).
Associate Administrator for Policy. • Fax: 1–202–493–2251. The individual listed in this notice
[FR Doc. 2016–31548 Filed 12–28–16; 8:45 am] Instructions: Each submission must has requested a renewal of his
BILLING CODE 4910–EX–P
include the Agency name and the exemption from the hearing standard in
docket number(s) for this notice. Note 49 CFR 391.41(b)(11), in accordance
that all comments received will be with FMCSA procedures. Accordingly,
DEPARTMENT OF TRANSPORTATION posted without change to http:// FMCSA has evaluated this application
www.regulations.gov, including any for renewal on its merits and decided to
Federal Motor Carrier Safety personal information provided. Please extend each exemption for a renewable
Administration see the Privacy Act heading below for two-year period.
[Docket No. FMCSA–2014–0102]
further information.
Docket: For access to the docket to II. Request for Comments
Qualification of Drivers; Exemption read background documents or Interested parties or organizations
Applications; Hearing comments, go to http:// possessing information that would
www.regulations.gov at any time or otherwise show that any, or all, of these
AGENCY: Federal Motor Carrier Safety Room W12–140 on the ground level of drivers are not currently achieving the
Administration (FMCSA), DOT. the West Building, 1200 New Jersey statutory level of safety should
ACTION: Notice of renewal of Avenue SE., Washington, DC, between 9 immediately notify FMCSA. The
exemptions; request for comments. a.m. and 5 p.m., Monday through Agency will evaluate any adverse
Friday, except Federal holidays. The evidence submitted and, if safety is
SUMMARY: FMCSA announces its FDMS is available 24 hours each day, being compromised or if continuation of
decision to renew the exemption for one 365 days each year. If you want the exemption would not be consistent
individual from the hearing requirement acknowledgment that we received your with the goals and objectives of 49
in the Federal Motor Carrier Safety comments, please include a self- U.S.C. 31136(e) and 31315, FMCSA will
Regulations (FMCSRs) for interstate addressed, stamped envelope or take immediate steps to revoke the
commercial motor vehicle (CMV) postcard or print the acknowledgement exemption of a driver.
drivers. The exemption enables hard of page that appears after submitting
hearing and deaf individuals to comments online. III. Basis for Renewing Exemptions
continue to operate CMVs in interstate Privacy Act: In accordance with 5 Under 49 U.S.C. 31315(b)(1), an
commerce. U.S.C. 553(c), DOT solicits comments exemption may be granted for no longer
DATES: The renewed exemption was from the public to better inform its than two years from its approval date
asabaliauskas on DSK3SPTVN1PROD with NOTICES
effective on May 21, 2016. The renewed rulemaking process. DOT posts these and may be renewed upon application.
exemption will expire on May 21, 2018. comments, without edit, including any In accordance with 49 U.S.C. 31136(e)
Comments must be received on or personal information the commenter and 31315, this applicant has satisfied
before January 30, 2017. provides, to http://www.regulations.gov, the renewal conditions for obtaining an
FOR FURTHER INFORMATION CONTACT: Ms. as described in the system of records exemption from the hearing requirement
Christine A. Hydock, Chief, Medical notice (DOT/ALL–14 FDMS), which can (80 FR 22768). In addition, for
Programs Division, 202–366–4001, be reviewed at http://www.dot.gov/ Commercial Driver’s License (CDL)
fmcsamedical@dot.gov, FMCSA, privacy. holders, the Commercial Driver’s
VerDate Sep<11>2014 18:41 Dec 28, 2016 Jkt 241001 PO 00000 Frm 00232 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1](https://thefederalregister.org/doc/81_FR_96437/page/1.svg)
![96188 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
License Information System (CDLIS) the exemption of the aforementioned personal information the commenter
and the Motor Carrier Management driver from the hearing requirement in provides, to www.regulations.gov, as
Information System (MCMIS) are 49 CFR 391.41(b)(11). In accordance described in the system of records
searched for crash and violation data. with 49 U.S.C. 31136(e) and 31315, the notice (DOT/ALL–14 FDMS), which can
For non-CDL holders, the Agency exemption will be valid for two years be reviewed at www.dot.gov/privacy.
reviews the driving records from the unless revoked earlier by FMCSA. II. Background
State Driver’s Licensing Agency (SDLA). Issued on: December 21, 2016.
These factors provide an adequate basis On October 20, 2016, FMCSA
Larry W. Minor, published a notice of receipt of Federal
for predicting each driver’s ability to
Associate Administrator for Policy. diabetes exemption applications from
continue to safely operate a CMV in
interstate commerce. [FR Doc. 2016–31553 Filed 12–28–16; 8:45 am] 46 individuals and requested comments
The driver in this notice remains in BILLING CODE 4910–EX–P from the public (81 FR 72644. The
good standing with the Agency and has public comment period closed on
not exhibited any medical issues that November 21, 2016, and no comments
would compromise his ability to safely DEPARTMENT OF TRANSPORTATION were received.
operate a CMV during the previous two- FMCSA has evaluated the eligibility
year exemption period. FMCSA has Federal Motor Carrier Safety of the 46 applicants and determined that
concluded that renewing the exemption Administration granting the exemptions to these
for this applicant is likely to achieve a [FMCSA Docket No. FMCSA-[2016–0223] individuals would achieve a level of
level of safety equal to that existing safety equivalent to or greater than the
without the exemption. Therefore, Qualification of Drivers; Exemption level that would be achieved by
FMCSA has decided to renew each Applications; Diabetes Mellitus complying with the current regulation
exemption in accordance with 49 U.S.C. 49 CFR 391.41(b)(3).
AGENCY: Federal Motor Carrier Safety
31136(e) and 31315 for a two-year Administration (FMCSA), DOT. Diabetes Mellitus and Driving
period. Experience of the Applicants
As of May 21, 2016, Timothy ACTION: Notice of final disposition.
Gallagher (PA) has satisfied the renewal The Agency established the current
SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970
conditions for obtaining an exemption to exempt 46 individuals from its rule
from the hearing requirement in 49 CFR because several risk studies indicated
prohibiting persons with insulin-treated that drivers with diabetes had a higher
391.41(b)(11), from driving CMVs in diabetes mellitus (ITDM) from operating
interstate commerce. This driver was rate of crash involvement than the
commercial motor vehicles (CMVs) in general population. The diabetes rule
included in FMCSA–2014–0102. This interstate commerce. The exemptions
exemption was effective on May 21, provides that ‘‘A person is physically
enable these individuals to operate qualified to drive a commercial motor
2016, and will expire on May 21, 2018. CMVs in interstate commerce. vehicle if that person has no established
IV. Conditions and Requirements DATES: The exemptions were effective medical history or clinical diagnosis of
The exemptions are extended subject on November 22, 2016. The exemptions diabetes mellitus currently requiring
to the following conditions: (1) Each expire on November 22, 2018. insulin for control’’ (49 CFR
driver must report any crashes or FOR FURTHER INFORMATION CONTACT: Ms. 391.41(b)(3)).
accidents as defined in 49 CFR 390.5; Christine A. Hydock, Chief, Medical FMCSA established its diabetes
and (2) report all citations and Programs Division, (202) 366–4001, exemption program, based on the
convictions for disqualifying offenses fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
under 49 CFR part 383 and 49 CFR 391 Department of Transportation, 1200 Report to Congress on the Feasibility of
to FMCSA. In addition, the driver must New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with
also have a copy of the exemption when 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to
driving, for presentation to a duly Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
authorized Federal, State, or local e.t., Monday through Friday, except Directed by the Transportation Act for
enforcement official. The driver is Federal holidays. the 21st Century.’’ The report concluded
prohibited from operating a motorcoach SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to
or bus with passengers in interstate allow some drivers with ITDM to
I. Electronic Access operate CMVs is feasible. The
commerce. The exemption does not
exempt the individual from meeting the You may see all the comments online September 3, 2003 (68 FR 52441),
applicable CDL testing requirements. through the Federal Document Federal Register notice in conjunction
Each exemption will be valid for two Management System (FDMS) at: http:// with the November 8, 2005 (70 FR
years unless rescinded earlier by www.regulations.gov. 67777), Federal Register notice provides
FMCSA. The exemption will be Docket: For access to the docket to the current protocol for allowing such
rescinded if: (1) The person fails to read background documents or drivers to operate CMVs in interstate
comply with the terms and conditions comments, go to http:// commerce.
of the exemption; (2) the exemption has www.regulations.gov and/or Room These 46 applicants have had ITDM
resulted in a lower level of safety than W12–140 on the ground level of the over a range of 1 to 40 years. These
West Building, 1200 New Jersey Avenue applicants report no severe
asabaliauskas on DSK3SPTVN1PROD with NOTICES
was maintained before it was granted; or
(3) continuation of the exemption would SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
not be consistent with the goals and and 5 p.m., e.t., Monday through Friday, of consciousness or seizure, requiring
objectives of 49 U.S.C. 31136(e) and except Federal holidays. the assistance of another person, or
31315. Privacy Act: In accordance with 5 resulting in impaired cognitive function
U.S.C. 553(c), DOT solicits comments that occurred without warning
IV. Conclusion from the public to better inform its symptoms, in the past 12 months and no
Based upon its evaluation of this rulemaking process. DOT posts these recurrent (2 or more) severe
exemption application, FMCSA renews comments, without edit, including any hypoglycemic episodes in the past 5
VerDate Sep<11>2014 18:41 Dec 28, 2016 Jkt 241001 PO 00000 Frm 00233 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1](https://thefederalregister.org/doc/81_FR_96437/page/2.svg)
Document Created: 2016-12-29 01:58:57
Document Modified: 2016-12-29 01:58:57
| 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 renewal of exemptions; request for comments. | |
| Dates | The renewed exemption was effective on May 21, 2016. The renewed exemption will expire on May 21, 2018. Comments must be received on or before January 30, 2017. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, 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., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 81 FR 96187 |
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