82 FR 13190 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 45 (March 9, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 45 (March 9, 2017)
| Page Range | 13190-13192 | |
| FR Document | 2017-04682 |
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)] [Notices] [Pages 13190-13192] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04682] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2012-0154; FMCSA-2014-0105] 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 exemptions for 13 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce. DATES: The renewed exemptions were effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before April 10, 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. [[Page 13191]] 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-2012-0154; FMCSA-2014-0105 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 driver 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 13 individuals listed in this notice have requested renewal of their exemptions from the hearing standard in 49 CFR 391.41(b)(11), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their 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, each of the twelve applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement (80 FR 57032; 80 FR 60747). In addition, for Commercial Driver's License (CDL) holders, the Commercial Driver's 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 13 drivers in this notice remain in good standing with the Agency and have not exhibited any medical issues that would compromise their ability to safely operate a CMV during the previous two-year exemption period. FMCSA has concluded that renewing the exemptions for each of these applicants is likely to achieve a level of safety equal to that existing without the exemption. Therefore, FMCSA has decided to renew each exemption for a two-year period. In accordance with 49 U.S.C. 31136(e) and 31315, each driver has received a renewed exemption. As of January 14, 2017, Clayton Ashby (VA) and Lon Edward Smith (MS) have 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 (80 FR 60735). The drivers were included in FMCSA-2014-0105. The exemptions were effective on January 14, 2017, and will expire on January 14, 2019. As of January 15, 2017, the following 11 individuals have 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 (78 FR 7479): David Bateman (MN) William Britt (TN) Tyjuan Davis (VA) Jerry Jones (TX) Christopher Kuller (PA) Kathy Miller (IA) Leslie O'Rorke (IL) Gersen Ramirez (TX) Daniel Schoultz (PA) Mark Valimont (MN) Holly Cameron Wright (NC) The drivers were included in FMCSA-2012-0154. The exemptions were effective on January 15, 2017, and will expire on January 15, 2019. 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 [[Page 13192]] 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 the twelve exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in 49 CFR 391.41(b)(11). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: February 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-04682 Filed 3-8-17; 8:45 am] BILLING CODE 4910-EX-P
![13190 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
between 9 a.m. and 5 p.m., e.t., Monday comments, without edit, including any The following 12 applicants do not
through Friday, except Federal holidays. personal information the commenter meet the minimum time requirement for
Issued on: February 28, 2017. provides, to http://www.regulations.gov, being seizure-free, either on or off of
Larry W. Minor,
as described in the system of records anti-seizure medication:
notice (DOT/ALL–14 FDMS), which can Daniel Bretz (PA)
Associate Administrator for Policy.
be reviewed at http://www.dot.gov/ Hunter Domagala (ND)
[FR Doc. 2017–04664 Filed 3–8–17; 8:45 am]
privacy. Michael Duno (NY)
BILLING CODE 4910–EX–P
II. Background Paul Gibson (AZ)
Patrick Hall (NY)
FMCSA received applications from 14 Cody Hitchcock (PA)
DEPARTMENT OF TRANSPORTATION individuals who requested an Robert Newton (NV)
exemption from the FMCSRs Christopher Sparacino (NY)
Federal Motor Carrier Safety
prohibiting persons with a clinical Alexander Stepp (VA)
Administration
diagnosis of epilepsy or any other Carlos Thompson (PA)
[Docket No. FMCSA–2016–0314] condition that is likely to cause a loss Mark Tucker (WA)
of consciousness or any loss of ability to Terry Watson (NC)
Qualification of Drivers; Exemption operate a CMV from operating CMVs in
Applications; Epilepsy and Seizure The following applicant is a citizen of
interstate commerce.
Disorders Canada:
FMCSA has evaluated the eligibility
of these applicants and concluded that Jimmy Bore
AGENCY: Federal Motor Carrier Safety
granting these exemptions would not The following applicant is an
Administration (FMCSA), DOT.
provide a level of safety that would be intrastate driver:
ACTION: Notice of denials.
equivalent to or greater than, the level Thomas Ork (NY)
SUMMARY: FMCSA announces its of safety that would be obtained by Issued on: March 3, 2017.
decision to deny applications from 14 complying with the regulation 49 CFR
Larry W. Minor,
individuals who requested an 391.41(b)(8).
Associate Administrator for Policy.
exemption from the Federal Motor III. Basis for Exemption Determination [FR Doc. 2017–04637 Filed 3–8–17; 8:45 am]
Carrier Safety Regulations (FMCSRs)
Under 49 U.S.C. 31136(e) and 31315, BILLING CODE 4910–EX–P
prohibiting persons with a clinical
FMCSA may grant an exemption for two
diagnosis of epilepsy or any other
years if it finds ‘‘such an exemption
condition that is likely to cause a loss DEPARTMENT OF TRANSPORTATION
would likely achieve a level of safety
of consciousness or any loss of ability to
that is equivalent to, or greater than, the
operate a commercial motor vehicle Federal Motor Carrier Safety
level that would be achieved absent
(CMV) from operating CMVs in Administration
such an exemption.’’
interstate commerce. The Agency’s decision regarding these [Docket No. FMCSA–2012–0154; FMCSA–
FOR FURTHER INFORMATION CONTACT: Ms. exemption applications is based on the 2014–0105]
Christine A. Hydock, Chief, Medical eligibility criteria, the terms and
Programs Division, (202) 366–4001, conditions for Federal exemptions, and Qualification of Drivers; Exemption
fmcsamedical@dot.gov, FMCSA, an individualized assessment of each Applications; Hearing
Department of Transportation, 1200 applicant’s medical information
New Jersey Avenue SE., Room W64– AGENCY: Federal Motor Carrier Safety
provided by the applicant. Administration (FMCSA), DOT.
224, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., e.t., IV. Conclusion ACTION: Notice of renewal of
Monday through Friday, except Federal The Agency has determined that these exemptions; request for comments.
holidays. If you have questions applicants do not satisfy the criteria
regarding viewing or submitting SUMMARY: FMCSA announces its
eligibility or meet the terms and
material to the docket, contact Docket decision to renew exemptions for 13
conditions for a Federal exemption and
Services, telephone (202) 366–9826. individuals from the hearing
granting these exemptions would not
requirement in the Federal Motor
SUPPLEMENTARY INFORMATION: provide a level of safety that would be
Carrier Safety Regulations (FMCSRs) for
equivalent to or greater than, the level
I. Electronic Access interstate commercial motor vehicle
of safety that would be obtained by
You may see all the comments online (CMV) drivers. The exemptions enable
complying with the regulation 49 CFR
through the Federal Document these hard of hearing and deaf
391.41(b)(8). Therefore, the 14
Management System (FDMS) at: http:// individuals to continue to operate CMVs
applicants in this notice have been
www.regulations.gov. in interstate commerce.
denied exemptions from the physical
Docket: For access to the docket to qualification standards in 49 CFR DATES: The renewed exemptions were
read background documents or 391.41(b)(8). effective on the dates stated in the
comments, go to http:// Each applicant has, prior to this discussions below and will expire on
www.regulations.gov and/or Room notice, received a letter of final the dates stated in the discussions
W12–140 on the ground level of the disposition regarding his/her exemption below. Comments must be received on
asabaliauskas on DSK3SPTVN1PROD with NOTICES
West Building, 1200 New Jersey Avenue request. Those decision letters fully or before April 10, 2017.
SE., Washington, DC, between 9 a.m. outlined the basis for the denial and FOR FURTHER INFORMATION CONTACT: Ms.
and 5 p.m., e.t., Monday through Friday, constitutes final action by the Agency. Christine A. Hydock, Chief, Medical
except Federal holidays. This notice summarizes the Agency’s Programs Division, 202–366–4001,
Privacy Act: In accordance with 5 recent denials as required under 49 fmcsamedical@dot.gov, FMCSA,
U.S.C. 553(c), DOT solicits comments U.S.C. 31315(b)(4) by periodically Department of Transportation, 1200
from the public to better inform its publishing names and reasons for New Jersey Avenue SE., Room W64–
rulemaking process. DOT posts these denial. 224, Washington, DC 20590–0001.
VerDate Sep<11>2014 17:43 Mar 08, 2017 Jkt 241001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.SGM 09MRN1](https://thefederalregister.org/doc/82_FR_13235/page/1.svg)
![13192 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
driving, for presentation to a duly DATES: The exemptions were effective is physically qualified to drive a CMV
authorized Federal, State, or local on May 19, 2016. The exemptions if that person:
enforcement official. The driver is expire on May 19, 2018. Has no established medical history or
prohibited from operating a motorcoach FOR FURTHER INFORMATION CONTACT: Ms. clinical diagnosis of epilepsy or any other
or bus with passengers in interstate Christine A. Hydock, Chief, Medical condition which is likely to cause the loss of
commerce. The exemption does not Programs Division, (202) 366–4001, consciousness or any loss of ability to control
exempt the individual from meeting the a CMV.
fmcsamedical@dot.gov, FMCSA,
applicable CDL testing requirements. Department of Transportation, 1200 In addition to the regulations, FMCSA
Each exemption will be valid for two New Jersey Avenue SE., Room W64– has published advisory criteria to assist
years unless rescinded earlier by 224, Washington, DC 20590–0001. Medical Examiners in determining
FMCSA. The exemption will be Office hours are from 8:30 a.m. to 5 whether drivers with certain medical
rescinded if: (1) The person fails to p.m., e.t., Monday through Friday, conditions are qualified to operate a
comply with the terms and conditions except Federal holidays. If you have CMV in interstate commerce. [49 CFR
of the exemption; (2) the exemption has questions regarding viewing or part 391, APPENDIX A TO PART 391—
resulted in a lower level of safety than submitting material to the docket, MEDICAL ADVISORY CRITERIA,
was maintained before it was granted; or contact Docket Services, telephone (202) section H. Epilepsy: § 391.41(b)(8),
(3) continuation of the exemption would 366–9826. paragraphs 3, 4, and 5.]
not be consistent with the goals and SUPPLEMENTARY INFORMATION:
objectives of 49 U.S.C. 31136(e) and III. Discussion of Comments
31315. I. Electronic Access FMCSA received no comments in this
You may see all the comments online preceding.
IV. Conclusion
through the Federal Document IV. Conclusion
Based upon its evaluation of the Management System (FDMS) at: http://
twelve exemption applications, FMCSA Based upon its evaluation of the five
www.regulations.gov. renewal exemption applications and no
renews the exemptions of the Docket: For access to the docket to
aforementioned drivers from the hearing comments received, FMCSA confirms
read background documents or its’ decision to exempt the following
requirement in 49 CFR 391.41(b)(11). In comments, go to http://
accordance with 49 U.S.C. 31136(e) and drivers from the Epilepsy and Seizure
www.regulations.gov and/or Room Disorders requirement in 49 CFR 391.41
31315, each exemption will be valid for W12–140 on the ground level of the
two years unless revoked earlier by (b)(8), subject to the requirements cited
West Building, 1200 New Jersey Avenue above: Thomas Bynum (NC); Ronald
FMCSA. SE., Washington, DC, between 9 a.m. Hartl (WI); Craig Hoisington (NH);
Issued on: February 27, 2017. and 5 p.m., e.t., Monday through Friday, Michael Miller (WI); and Peter
Larry W. Minor, except Federal holidays. Thompson (FL).
Associate Administrator for Policy. Privacy Act: In accordance with 5 In accordance with 49 U.S.C. 31315,
[FR Doc. 2017–04682 Filed 3–8–17; 8:45 am] U.S.C. 553(c), DOT solicits comments each exemption will be valid for two
BILLING CODE 4910–EX–P
from the public to better inform its years from the effective date unless
rulemaking process. DOT posts these revoked earlier by FMCSA. The
comments, without edit, including any exemption will be revoked if the
DEPARTMENT OF TRANSPORTATION personal information the commenter following occurs: (1) The person fails to
provides, to http://www.regulations.gov, comply with the terms and conditions
Federal Motor Carrier Safety as described in the system of records of the exemption; (2) the exemption has
Administration notice (DOT/ALL–14 FDMS), which can resulted in a lower level of safety than
be reviewed at http://www.dot.gov/ was maintained prior to being granted;
[Docket No. FMCSA–2013–0443]
privacy. or (3) continuation of the exemption
Qualification of Drivers; Exemption II. Background would not be consistent with the goals
Applications; Epilepsy and Seizure and objectives of 49 U.S.C. 31136 and
On October 14, 2016, FMCSA 31315.
Disorders
published a notice announcing its
AGENCY: Federal Motor Carrier Safety decision to renew exemptions for five Issued on: February 27, 2017.
Administration (FMCSA), DOT. individuals from the Epilepsy and Larry W. Minor,
Seizure Disorders prohibition in 49 CFR Associate Administrator for Policy.
ACTION: Notice of final disposition.
391.41(b)(8) to operate a CMV in [FR Doc. 2017–04655 Filed 3–8–17; 8:45 am]
SUMMARY: FMCSA announces its interstate commerce and requested BILLING CODE 4910–EX–P
decision to renew exemptions for five comments from the public (81 FR
individuals from the requirement in the 71170). The public comment period
Federal Motor Carrier Safety ended on November 14, 2016, and no DEPARTMENT OF TRANSPORTATION
Regulations (FMCSRs) that interstate comments were received.
commercial motor vehicle (CMV) As stated in the previous notice, Federal Motor Carrier Safety
drivers have ‘‘no established medical FMCSA has evaluated the eligibility of Administration
history or clinical diagnosis of epilepsy these applicants and determined that
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[FMCSA Docket No. FMCSA–2016–0007]
or any other condition which is likely renewing these exemptions would
to cause loss of consciousness or any achieve a level of safety equivalent to or Qualification of Drivers; Exemption
loss of ability to control a CMV.’’ The greater than the level that would be Applications; Epilepsy and Seizure
exemptions enable these individuals achieved by complying with the current Disorders
who have had one or more seizures and regulation 49 CFR 391.41(b)(8). AGENCY: Federal Motor Carrier Safety
are taking anti-seizure medication to The physical qualification standard Administration (FMCSA), DOT.
continue to operate CMVs in interstate for drivers regarding epilepsy found in
ACTION: Notice of final disposition.
commerce. 49 CFR 391.41(b)(8) states that a person
VerDate Sep<11>2014 17:43 Mar 08, 2017 Jkt 241001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.SGM 09MRN1](https://thefederalregister.org/doc/82_FR_13235/page/3.svg)
Document Created: 2017-03-09 04:58:12
Document Modified: 2017-03-09 04:58:12
| 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 exemptions were effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before April 10, 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 | 82 FR 13190 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR