82_FR_15611 82 FR 15552 - Qualification of Drivers; Exemption Applications; Hearing

82 FR 15552 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 59 (March 29, 2017)

Page Range15552-15554
FR Document2017-06181

FMCSA announces its decision to renew exemptions for 31 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.

Federal Register, Volume 82 Issue 59 (Wednesday, March 29, 2017)
[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15552-15554]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06181]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0124; FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-
2014-0102; FMCSA-2014-0105; FMCSA-2014-0107; FMCSA-2014-1004]


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 31 
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 28, 
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-2013-0124; FMCSA-2014-0103; 
FMCSA-2014-0106; FMCSA-2014-0102; FMCSA-2014-0105; FMCSA-2014-0107; 
FMCSA-2014-0104 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., e.t. 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

[[Page 15553]]

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 31 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 31 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 March 3, 2017, the following 7 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 (80 FR 60747):

Kevin Ballard (TX)
Scott Friede (NE)
Jeremiah Hoagland (CO)
Kimothy McLoed (GA)
Victor Morales (TX)
Branden Veronie (LA)
Anthony Witcher (MI)

    The drivers were included in FMCSA-2014-0106. The exemptions were 
effective on March 3, 2017, and will expire on March 3, 2019.
    As of March 10, 2017, David Helgreson (WI) and Susan Helgreson (WI) 
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 18924).
    The drivers were included in FMCSA-2014-0124. The exemptions were 
effective on March 10, 2017, and will expire on March 10, 2019.
    As of March 13, 2017, the following 5 individuals have satisfied 
the renewal conditions for obtaining an exemption from the hearing 
requirements in 49 CFR 391.41(b)(11), from driving CMVs in interstate 
commerce (80 FR 57029):

Thomas Bertling (OR)
John Huey Jr. (AZ)
Scott Putman (PA)
Christopher Warner (NY)
Paul Langois (OH)

    The drivers were included in FMCSA-2014-0107. The exemptions were 
effective on March 13, 2017, and will expire on March 13, 2019.
    On March 19, 2017, Jesse Shelander (TX) has satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
49 CFR 391.41(b)(11), from driving in interstate commerce (80 FR 
57032). The driver was included in FMCSA-2014-0103. The exemption was 
effective on March 19, 2017, and will expire on March 19, 2019.
    As of March 29, 2017, the following 7 drivers have satisfied the 
renewal conditions for obtaining an exemption from the hearing 
requirement in 49 CFR 391.41(b)(11), from driving in interstate 
commerce (80 FR 18924):

Richard Boggs (OH)
Conley Bowling (KY)
Kareem Douglas (OH)
Danny Fisk (CO)
Kenneth Frilando (NY)
Kenneth Harris (TX)
Victor Robinson (LA)

    The drivers were included in FMCSA-2014-0124. The exemptions were 
effective on March 29, 2017, and will expire on March 29, 2019.
    As of March 29, 2017, Robert Parrish (NV) and Nathaniel Godfrey 
(KY) have satisfied the renewal conditions for obtaining an exemption 
from the hearing requirement in 49 CFR 391.41(b)(11), from driving in 
interstate commerce (80 FR 57032). The drivers were included in FMCSA-
2014-0103. The exemptions were effective on March 29, 2017 and will 
expire on March 29, 2019.
    As of March 29, 2017 Weston Arthurs (CA) and Floyd McClain (FL) 
have satisfied the hearing requirements in 49 CFR 391.41(b)(11), from 
driving in interstate commerce (80 FR 60741). The drivers were included 
in FMCSA-2014-0106. The exemptions were effective on March 29, 2017, 
and expire on March 29, 2019.
    As of March 29, 2017, Timothy Laporte (NY) has satisfied renewal 
requirements for obtaining an exemption from the hearing requirement in 
49 CFR 391.41(b)(11), from driving in interstate commerce (80 FR 
22768). The driver was included in FMCSA-2014-0102. The exemption was 
effective on March 29, 2017, and will expire March 29, 2019.
    As of March 29, 20017, Steven Levine (MN) and Bruce Walker (NY) 
have satisfied the renewal requirements for obtaining an exemption from 
the hearing requirement in 49 CFR 391.41(b)(11), from driving in 
interstate commerce (80 FR 60735). The drivers were included in FMCSA-
2014-0105. The exemptions were effective on March 29, 2017, and expire 
on March 29, 2019.
    As of March 29, 2017, Kirk Soneson (OH) has satisfied the renewal 
requirements for obtaining an exemption from the hearing requirement in 
49 CFR 391.41(b)(11), from driving in interstate commerce (80 FR 
57029). The driver was included in FMCSA-2014-0107. The exemption was 
effective on March 29, 2017, and will expire on March 29, 2019.
    As of March 29, 2017, Brandon Lango (TX) has satisfied the renewal 
requirements for obtaining an exemption from the hearing requirement in 
49 CFR 391.41(b)(11), from driving in interstate commerce (80 FR 
60747). The driver was included in FMCSA-2014-0104. The exemption was 
effective on March 29, 2017, and will expire on March 29, 2019.

[[Page 15554]]

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 the 32 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: March 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-06181 Filed 3-28-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  15552                       Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices

                                                  FAST Act                                                  Issued on: March 23, 2017.                          Ground Floor, Room W12–140,
                                                                                                          William A. Quade,                                     Washington, DC 20590–0001.
                                                     Section 5503 of the FAST Act (Pub. L.                                                                        • Hand Delivery: West Building
                                                                                                          Associate Administrator for Enforcement.
                                                  114–94) (December 4, 2015) requires the                                                                       Ground Floor, Room W12–140, 1200
                                                  HHG Working Group to provide                            [FR Doc. 2017–06185 Filed 3–28–17; 8:45 am]
                                                                                                          BILLING CODE 4910–EX–P
                                                                                                                                                                New Jersey Avenue SE., Washington,
                                                  recommendations to the Secretary of                                                                           DC, between 9 a.m. and 5 p.m. e.t.,
                                                  Transportation, through the FMCSA                                                                             Monday through Friday, except Federal
                                                  Administrator. The Working Group will                                                                         Holidays.
                                                  operate in accordance with the Federal                  DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                  • Fax: 1–202–493–2251.
                                                  Advisory Committee Act (FACA). 5                        Federal Motor Carrier Safety                             Instructions: Each submission must
                                                  U.S.C. App. 2.                                          Administration                                        include the Agency name and the
                                                     As required by Section 5503 of the                                                                         docket number(s) for this notice. Note
                                                  FAST Act, the Working Group will                        [Docket No. FMCSA–2013–0124; FMCSA–
                                                                                                          2014–0103; FMCSA–2014–0106; FMCSA–                    that all comments received will be
                                                  make recommendations in three areas                                                                           posted without change to http://
                                                                                                          2014–0102; FMCSA–2014–0105; FMCSA–
                                                  relating to ‘‘how to best convey to                     2014–0107; FMCSA–2014–1004]                           www.regulations.gov, including any
                                                  consumers relevant information with                                                                           personal information provided. Please
                                                  respect to the Federal laws concerning                  Qualification of Drivers; Exemption                   see the Privacy Act heading below for
                                                  the interstate transportation of                        Applications; Hearing                                 further information.
                                                  household goods by motor carrier.’’                                                                              Docket: For access to the docket to
                                                  Those areas are:                                        AGENCY: Federal Motor Carrier Safety
                                                                                                                                                                read background documents or
                                                     1. How to condense the FMCSA                         Administration (FMCSA), DOT.
                                                                                                                                                                comments, go to http://
                                                  ‘‘Ready to Move ?’’ tips published in                   ACTION: Notice of renewal of
                                                                                                                                                                www.regulations.gov at any time or
                                                  April 2006 (FMCSA–ESA–03–005) into                      exemptions; request for comments.                     Room W12–140 on the ground level of
                                                  a more consumer friendly format;                        SUMMARY:    FMCSA announces its                       the West Building, 1200 New Jersey
                                                     2. How best to use state-of-the-art                  decision to renew exemptions for 31                   Avenue SE., Washington, DC, between 9
                                                  education techniques and technologies                   individuals from the hearing                          a.m. and 5 p.m., e.t. Monday through
                                                  (including how to optimize use of the                   requirement in the Federal Motor                      Friday, except Federal holidays. The
                                                  Internet as an educational tool); and                   Carrier Safety Regulations (FMCSRs) for               FDMS is available 24 hours each day,
                                                     3. How to reduce and simplify the                    interstate commercial motor vehicle                   365 days each year. If you want
                                                  paperwork required of motor carriers                    (CMV) drivers. The exemptions enable                  acknowledgment that we received your
                                                  and shippers in interstate                              these hard of hearing and deaf                        comments, please include a self-
                                                  transportation.                                         individuals to continue to operate CMVs               addressed, stamped envelope or
                                                     Section 5503 mandates that the                       in interstate commerce.                               postcard or print the acknowledgement
                                                  Secretary of Transportation appoint a                   DATES: The renewed exemptions were                    page that appears after submitting
                                                  Working Group that is comprised of (i)                  effective on the dates stated in the                  comments online.
                                                  individuals with expertise in consumer                  discussions below and will expire on                     Privacy Act: In accordance with 5
                                                  affairs; (ii) educators with expertise in               the dates stated in the discussions                   U.S.C. 553(c), DOT solicits comments
                                                  how people learn most effectively; and                  below. Comments must be received on                   from the public to better inform its
                                                  (iii) representatives of the FMCSA                      or before April 28, 2017.                             rulemaking process. DOT posts these
                                                  regulated interstate HHG moving                                                                               comments, without edit, including any
                                                                                                          FOR FURTHER INFORMATION CONTACT: Ms.
                                                  industry.                                                                                                     personal information the commenter
                                                                                                          Christine A. Hydock, Chief, Medical
                                                     On April 20, 2016, FMCSA solicited                                                                         provides, to http://www.regulations.gov,
                                                                                                          Programs Division, 202–366–4001,
                                                  applications and nominations of                                                                               as described in the system of records
                                                                                                          fmcsamedical@dot.gov, FMCSA,
                                                  interested persons to serve on the HHG                                                                        notice (DOT/ALL–14 FDMS), which can
                                                                                                          Department of Transportation, 1200
                                                  Working Group. Applications and                                                                               be reviewed at http://www.dot.gov/
                                                                                                          New Jersey Avenue SE., Room W64–
                                                  nominations were due on or before May                                                                         privacy.
                                                                                                          224, Washington, DC 20590–0001.
                                                  20, 2016 [81 FR 23354]. The HHG                         Office hours are from 8:30 a.m. to 5                  I. Background
                                                  Working Group met for the first time on                 p.m., e.t., Monday through Friday,                       Under 49 U.S.C. 31136(e) and 31315,
                                                  January 4–5, 2017.                                      except Federal holidays. If you have                  FMCSA may grant an exemption for two
                                                     The Working Group will terminate                     questions regarding viewing or                        years if it finds ‘‘such exemption would
                                                  one year after the date its                             submitting material to the docket,                    likely achieve a level of safety that is
                                                  recommendations are submitted to the                    contact Docket Services, telephone (202)              equivalent to or greater than the level
                                                  Secretary of Transportation.                            366–9826.                                             that would be achieved absent such
                                                  Meeting Information                                     ADDRESSES: You may submit comments                    exemption.’’ The statute also allows the
                                                                                                          bearing the Federal Docket Management                 Agency to renew exemptions at the end
                                                     Meetings will be open to the general                 System (FDMS) Docket No. FMCSA–                       of the two-year period.
                                                  public, except as provided under FACA.                  2013–0124; FMCSA–2014–0103;                              The physical qualification standard
                                                  Notice of each meeting will be                          FMCSA–2014–0106; FMCSA–2014–                          for drivers regarding hearing found in
                                                  published in the Federal Register at                    0102; FMCSA–2014–0105; FMCSA–                         49 CFR 391.41(b)(11) states that a
                                                  least 15 calendar days prior to the date                2014–0107; FMCSA–2014–0104 using                      person is physically qualified to drive a
                                                  of the meeting.
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          any of the following methods:                         CMV if that person:
                                                     For the May 2–4, 2017, meeting, oral                    • Federal eRulemaking Portal: Go to
                                                  comments from the public will be heard                                                                          First perceives a forced whispered voice in
                                                                                                          http://www.regulations.gov. Follow the                the better ear at not less than 5 feet with or
                                                  from 10:00 a.m. to 11:00 a.m. on May 4,                 online instructions for submitting                    without the use of a hearing aid or, if tested
                                                  2017. Should all public comments be                     comments.                                             by use of an audiometric device, does not
                                                  exhausted prior to the end of the                          • Mail: Docket Management Facility;                have an average hearing loss in the better ear
                                                  specified oral comment period, the                      U.S. Department of Transportation, 1200               greater than 40 decibels at 500 Hz, 1,000 Hz,
                                                  comment period will close.                              New Jersey Avenue SE., West Building                  and 2,000 Hz with or without a hearing aid



                                             VerDate Sep<11>2014   16:54 Mar 28, 2017   Jkt 241001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\29MRN1.SGM   29MRN1


                                                                              Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices                                           15553

                                                  when the audiometric device is calibrated to            exemption. Therefore, FMCSA has                       Kenneth Frilando (NY)
                                                  American National Standard (formerly ASA                decided to renew each exemption for a                 Kenneth Harris (TX)
                                                  Standard) Z24.5—1951.                                   two-year period. In accordance with 49                Victor Robinson (LA)
                                                    49 CFR 391.41(b)(11) was adopted in                   U.S.C. 31136(e) and 31315, each driver                  The drivers were included in
                                                  1970, with a revision in 1971 to allow                  has received a renewed exemption.                     FMCSA–2014–0124. The exemptions
                                                  drivers to be qualified under this                         As of March 3, 2017, the following 7               were effective on March 29, 2017, and
                                                  standard while wearing a hearing aid,                   individuals have satisfied the renewal                will expire on March 29, 2019.
                                                  35 FR 6458, 6463 (April 22, 1970) and                   conditions for obtaining an exemption                   As of March 29, 2017, Robert Parrish
                                                  36 FR 12857 (July 3, 1971).                             from the hearing requirement in 49 CFR                (NV) and Nathaniel Godfrey (KY) have
                                                    The 31 individuals listed in this                     391.41(b)(11), from driving CMVs in                   satisfied the renewal conditions for
                                                  notice have requested renewal of their                  interstate commerce (80 FR 60747):                    obtaining an exemption from the
                                                  exemptions from the hearing standard                    Kevin Ballard (TX)                                    hearing requirement in 49 CFR
                                                  in 49 CFR 391.41(b)(11), in accordance                  Scott Friede (NE)                                     391.41(b)(11), from driving in interstate
                                                  with FMCSA procedures. Accordingly,                     Jeremiah Hoagland (CO)                                commerce (80 FR 57032). The drivers
                                                  FMCSA has evaluated these                               Kimothy McLoed (GA)                                   were included in FMCSA–2014–0103.
                                                  applications for renewal on their merits                Victor Morales (TX)                                   The exemptions were effective on
                                                  and decided to extend each exemption                    Branden Veronie (LA)                                  March 29, 2017 and will expire on
                                                  for a renewable two-year period.                        Anthony Witcher (MI)                                  March 29, 2019.
                                                  II. Request for Comments                                   The drivers were included in                         As of March 29, 2017 Weston Arthurs
                                                                                                          FMCSA–2014–0106. The exemptions                       (CA) and Floyd McClain (FL) have
                                                     Interested parties or organizations
                                                                                                          were effective on March 3, 2017, and                  satisfied the hearing requirements in 49
                                                  possessing information that would
                                                                                                          will expire on March 3, 2019.                         CFR 391.41(b)(11), from driving in
                                                  otherwise show that any, or all, of these
                                                                                                             As of March 10, 2017, David                        interstate commerce (80 FR 60741). The
                                                  drivers are not currently achieving the
                                                                                                          Helgreson (WI) and Susan Helgreson                    drivers were included in FMCSA–2014–
                                                  statutory level of safety should
                                                                                                          (WI) have satisfied the renewal                       0106. The exemptions were effective on
                                                  immediately notify FMCSA. The
                                                                                                          conditions for obtaining an exemption                 March 29, 2017, and expire on March
                                                  Agency will evaluate any adverse
                                                                                                          from the hearing requirement in 49 CFR                29, 2019.
                                                  evidence submitted and, if safety is
                                                                                                          391.41(b)(11), from driving CMVs in                     As of March 29, 2017, Timothy
                                                  being compromised or if continuation of
                                                                                                          interstate commerce (80 FR 18924).                    Laporte (NY) has satisfied renewal
                                                  the exemption would not be consistent
                                                                                                             The drivers were included in                       requirements for obtaining an
                                                  with the goals and objectives of 49
                                                                                                          FMCSA–2014–0124. The exemptions                       exemption from the hearing requirement
                                                  U.S.C. 31136(e) and 31315, FMCSA will
                                                                                                          were effective on March 10, 2017, and                 in 49 CFR 391.41(b)(11), from driving in
                                                  take immediate steps to revoke the
                                                                                                          will expire on March 10, 2019.                        interstate commerce (80 FR 22768). The
                                                  exemption of a driver.
                                                                                                             As of March 13, 2017, the following                driver was included in FMCSA–2014–
                                                  III. Basis for Renewing Exemptions                      5 individuals have satisfied the renewal              0102. The exemption was effective on
                                                     Under 49 U.S.C. 31315(b)(1), an                      conditions for obtaining an exemption                 March 29, 2017, and will expire March
                                                  exemption may be granted for no longer                  from the hearing requirements in 49                   29, 2019.
                                                  than two years from its approval date                   CFR 391.41(b)(11), from driving CMVs                    As of March 29, 20017, Steven Levine
                                                  and may be renewed upon application.                    in interstate commerce (80 FR 57029):                 (MN) and Bruce Walker (NY) have
                                                  In accordance with 49 U.S.C. 31136(e)                   Thomas Bertling (OR)                                  satisfied the renewal requirements for
                                                  and 31315, each of the twelve                           John Huey Jr. (AZ)                                    obtaining an exemption from the
                                                  applicants has satisfied the renewal                    Scott Putman (PA)                                     hearing requirement in 49 CFR
                                                  conditions for obtaining an exemption                   Christopher Warner (NY)                               391.41(b)(11), from driving in interstate
                                                  from the hearing requirement (80 FR                     Paul Langois (OH)                                     commerce (80 FR 60735). The drivers
                                                  57032; 80 FR 60747). In addition, for                      The drivers were included in                       were included in FMCSA–2014–0105.
                                                  Commercial Driver’s License (CDL)                       FMCSA–2014–0107. The exemptions                       The exemptions were effective on
                                                  holders, the Commercial Driver’s                        were effective on March 13, 2017, and                 March 29, 2017, and expire on March
                                                  License Information System (CDLIS)                      will expire on March 13, 2019.                        29, 2019.
                                                  and the Motor Carrier Management                           On March 19, 2017, Jesse Shelander                   As of March 29, 2017, Kirk Soneson
                                                  Information System (MCMIS) are                          (TX) has satisfied the renewal                        (OH) has satisfied the renewal
                                                  searched for crash and violation data.                  conditions for obtaining an exemption                 requirements for obtaining an
                                                  For non-CDL holders, the Agency                         from the hearing requirement in 49 CFR                exemption from the hearing requirement
                                                  reviews the driving records from the                    391.41(b)(11), from driving in interstate             in 49 CFR 391.41(b)(11), from driving in
                                                  State Driver’s Licensing Agency (SDLA).                 commerce (80 FR 57032). The driver                    interstate commerce (80 FR 57029). The
                                                  These factors provide an adequate basis                 was included in FMCSA–2014–0103.                      driver was included in FMCSA–2014–
                                                  for predicting each driver’s ability to                 The exemption was effective on March                  0107. The exemption was effective on
                                                  continue to safely operate a CMV in                     19, 2017, and will expire on March 19,                March 29, 2017, and will expire on
                                                  interstate commerce.                                    2019.                                                 March 29, 2019.
                                                     The 31 drivers in this notice remain                    As of March 29, 2017, the following                  As of March 29, 2017, Brandon Lango
                                                  in good standing with the Agency and                    7 drivers have satisfied the renewal                  (TX) has satisfied the renewal
                                                  have not exhibited any medical issues                   conditions for obtaining an exemption                 requirements for obtaining an
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                                                  that would compromise their ability to                  from the hearing requirement in 49 CFR                exemption from the hearing requirement
                                                  safely operate a CMV during the                         391.41(b)(11), from driving in interstate             in 49 CFR 391.41(b)(11), from driving in
                                                  previous two-year exemption period.                     commerce (80 FR 18924):                               interstate commerce (80 FR 60747). The
                                                  FMCSA has concluded that renewing                       Richard Boggs (OH)                                    driver was included in FMCSA–2014–
                                                  the exemptions for each of these                        Conley Bowling (KY)                                   0104. The exemption was effective on
                                                  applicants is likely to achieve a level of              Kareem Douglas (OH)                                   March 29, 2017, and will expire on
                                                  safety equal to that existing without the               Danny Fisk (CO)                                       March 29, 2019.


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                                                  15554                       Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices

                                                  IV. Conditions and Requirements                         individuals to operate CMVs in                        provides that ‘‘A person is physically
                                                    The exemptions are extended subject                   interstate commerce.                                  qualified to drive a commercial motor
                                                  to the following conditions: (1) Each                   DATES: The exemptions were effective                  vehicle if that person has no established
                                                  driver must report any crashes or                       on February 15, 2017. The exemptions                  medical history or clinical diagnosis of
                                                  accidents as defined in 49 CFR 390.5;                   expire on February 15, 2019.                          diabetes mellitus currently requiring
                                                  and (2) report all citations and                        FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                                insulin for control’’ (49 CFR
                                                  convictions for disqualifying offenses                  Christine A. Hydock, Chief, Medical                   391.41(b)(3)).
                                                  under 49 CFR part 383 and 49 CFR 391                    Programs Division, (202) 366–4001,                       FMCSA established its diabetes
                                                  to FMCSA. In addition, the driver must                  fmcsamedical@dot.gov, FMCSA,                          exemption program, based on the
                                                  also have a copy of the exemption when                  Department of Transportation, 1200                    Agency’s July 2000 study entitled ‘‘A
                                                  driving, for presentation to a duly                     New Jersey Avenue SE., Room W64–                      Report to Congress on the Feasibility of
                                                  authorized Federal, State, or local                     113, Washington, DC 20590–0001.                       a Program to Qualify Individuals with
                                                  enforcement official. The driver is                     Office hours are from 8:30 a.m. to 5                  Insulin-Treated Diabetes Mellitus to
                                                  prohibited from operating a motorcoach                  p.m., e.t., Monday through Friday,                    Operate in Interstate Commerce as
                                                  or bus with passengers in interstate                    except Federal holidays.                              Directed by the Transportation Act for
                                                  commerce. The exemption does not                                                                              the 21st Century.’’ The report concluded
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  exempt the individual from meeting the                                                                        that a safe and practicable protocol to
                                                  applicable CDL testing requirements.                    I. Electronic Access                                  allow some drivers with ITDM to
                                                  Each exemption will be valid for two                       You may see all the comments online                operate CMVs is feasible. The
                                                  years unless rescinded earlier by                       through the Federal Document                          September 3, 2003 (68 FR 52441),
                                                  FMCSA. The exemption will be                            Management System (FDMS) at: http://                  Federal Register notice in conjunction
                                                  rescinded if: (1) The person fails to                   www.regulations.gov.                                  with the November 8, 2005 (70 FR
                                                  comply with the terms and conditions                       Docket: For access to the docket to                67777), Federal Register notice provides
                                                  of the exemption; (2) the exemption has                 read background documents or                          the current protocol for allowing such
                                                  resulted in a lower level of safety than                comments, go to http://                               drivers to operate CMVs in interstate
                                                  was maintained before it was granted; or                www.regulations.gov and/or Room                       commerce.
                                                  (3) continuation of the exemption would                 W12–140 on the ground level of the                       These 47 applicants have had ITDM
                                                  not be consistent with the goals and                    West Building, 1200 New Jersey Avenue                 over a range of 1 to 41 years. These
                                                  objectives of 49 U.S.C. 31136(e) and                    SE., Washington, DC between 9 a.m. and                applicants report no severe
                                                  31315.                                                  5 p.m., e.t., Monday through Friday,                  hypoglycemic reactions resulting in loss
                                                                                                          except Federal holidays.                              of consciousness or seizure, requiring
                                                  IV. Conclusion                                                                                                the assistance of another person, or
                                                                                                             Privacy Act: In accordance with 5
                                                    Based upon its evaluation of the 32                   U.S.C. 553(c), DOT solicits comments                  resulting in impaired cognitive function
                                                  exemption applications, FMCSA renews                    from the public to better inform its                  that occurred without warning
                                                  the exemptions of the aforementioned                    rulemaking process. DOT posts these                   symptoms, in the past 12 months and no
                                                  drivers from the hearing requirement in                 comments, without edit, including any                 recurrent (2 or more) severe
                                                  49 CFR 391.41(b)(11). In accordance                     personal information the commenter                    hypoglycemic episodes in the past 5
                                                  with 49 U.S.C. 31136(e) and 31315, each                 provides, to www.regulations.gov, as                  years. In each case, an endocrinologist
                                                  exemption will be valid for two years                   described in the system of records                    verified that the driver has
                                                  unless revoked earlier by FMCSA.                        notice (DOT/ALL–14 FDMS), which can                   demonstrated a willingness to properly
                                                    Issued on: March 22, 2017.                            be reviewed at www.dot.gov/privacy.                   monitor and manage his/her diabetes
                                                                                                                                                                mellitus, received education related to
                                                  Larry W. Minor,                                         II. Background                                        diabetes management, and is on a stable
                                                  Associate Administrator for Policy.                                                                           insulin regimen. These drivers report no
                                                                                                             On January 12, 2017, FMCSA
                                                  [FR Doc. 2017–06181 Filed 3–28–17; 8:45 am]                                                                   other disqualifying conditions,
                                                                                                          published a notice of receipt of Federal
                                                  BILLING CODE 4910–EX–P
                                                                                                          diabetes exemption applications from                  including diabetes-related
                                                                                                          47 individuals and requested comments                 complications. Each meets the vision
                                                                                                          from the public (82 FR 3845). The                     requirement at 49 CFR 391.41(b)(10).
                                                  DEPARTMENT OF TRANSPORTATION                                                                                     The qualifications and medical
                                                                                                          public comment period closed on
                                                  Federal Motor Carrier Safety                            February 13, 2017, and no comments                    condition of each applicant were stated
                                                  Administration                                          were received.                                        and discussed in detail in the January
                                                                                                             FMCSA has evaluated the eligibility                12, 2017, Federal Register notice and
                                                                                                          of the 47 applicants and determined that              they will not be repeated in this notice.
                                                  [FMCSA Docket No. FMCSA–2016–0382]
                                                                                                          granting the exemptions to these                      III. Discussion of Comments
                                                  Qualification of Drivers; Exemption                     individuals would achieve a level of
                                                                                                          safety equivalent to or greater than the                FMCSA received no comments in this
                                                  Applications; Diabetes Mellitus
                                                                                                          level that would be achieved by                       proceeding.
                                                  AGENCY: Federal Motor Carrier Safety                    complying with the current regulation                 IV. Basis for Exemption Determination
                                                  Administration (FMCSA), DOT.                            49 CFR 391.41(b)(3).
                                                  ACTION: Notice of final disposition.                                                                            Under 49 U.S.C. 31136(e) and 31315,
                                                                                                          Diabetes Mellitus and Driving                         FMCSA may grant an exemption from
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                                                  SUMMARY:   FMCSA announces its                          Experience of the Applicants                          the diabetes requirement in 49 CFR
                                                  decision to exempt 47 individuals from                    The Agency established the current                  391.41(b)(3) if the exemption is likely to
                                                  its rule prohibiting persons with                       requirement for diabetes in 1970                      achieve an equivalent or greater level of
                                                  insulin-treated diabetes mellitus (ITDM)                because several risk studies indicated                safety than would be achieved without
                                                  from operating commercial motor                         that drivers with diabetes had a higher               the exemption. The exemption allows
                                                  vehicles (CMVs) in interstate commerce.                 rate of crash involvement than the                    the applicants to operate CMVs in
                                                  The exemptions enable these                             general population. The diabetes rule                 interstate commerce.


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Document Created: 2017-03-29 01:15:18
Document Modified: 2017-03-29 01:15:18
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 renewal of exemptions; request for comments.
DatesThe 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 28, 2017.
ContactMs. 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 Citation82 FR 15552 

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