82 FR 20959 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 85 (May 4, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 85 (May 4, 2017)
| Page Range | 20959-20961 | |
| FR Document | 2017-09003 |
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)] [Notices] [Pages 20959-20961] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09003] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0383] 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 9 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. [[Page 20960]] 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 June 5, 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-2013-0123; FMCSA-2013-0124 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 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 9 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 9 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 May 8, 2017, the following 9 drivers 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 18697). Herbert Crowe (MO) Kelly Gene Eller (NC) Jason R. Gensler (OH) Thomas Lipyanic Jr. (PA) Donald B. Malley (MO) Kathy A. Meadows (GA) David W. Shores (NC) Richard E. Whittaker (IN) Brian Whittington (MI) The drivers were included in FMCSA-2014-0383. The exemptions were effective on May 8, 2017, and will expire on May 8, 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 [[Page 20961]] 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 nine 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: April 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-09003 Filed 5-3-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices 20959
authority, so that it can then seek to for adverse abandonment and Office of Environmental Analysis (OEA)
quiet title to the Line to the extent it discontinuance was filed with the will be served upon all parties of record
bisects Hartwell First’s property application. and upon any agencies or other persons
between Athens Street and Webb Street. The interests of railroad employees who commented during its preparation.
In a decision served in this will be protected by the conditions set Any other persons who would like to
proceeding on August 29, 2016 (August forth in Oregon Short Line Railroad— obtain a copy of the EA (or EIS) may
2016 Decision), Hartwell First was Abandonment Portion Goshen Branch contact OEA by phone at the number
granted exemptions from several Between Firth & Ammon, in Bingham & listed below. EAs in these abandonment
statutory provisions as well as waivers Bonneville Counties, Idaho, 360 I.C.C. proceedings normally will be made
of certain Board regulations at 49 CFR 91 (1979). available within 33 days of the filing of
pt. 1152 that were not relevant to its Any interested person may file the application. The deadline for
adverse abandonment application or written comments concerning the submission of comments on the EA will
that sought information not available to proposed adverse abandonment and generally be within 30 days of its
it. Specifically, Hartwell First was discontinuance or protests (including service. The comments received will be
granted an exemption from 49 U.S.C. protestant’s entire opposition case) by addressed in the Board’s decision. A
10903(c) and waiver of 49 CFR May 29, 2017. Persons who may oppose supplemental EA or EIS may be issued
1152.22(a)(5) pertaining to System the proposed adverse abandonment and where appropriate.
Diagram Maps; waivers of certain discontinuance but who do not wish to Persons seeking further information
requirements pertaining to the notice of participate fully in the process by concerning abandonment and
intent prescribed at 49 CFR 1152.21; submitting verified statements of discontinuance procedures may contact
waiver of 49 CFR 1152.20(a)(1) to the witnesses containing detailed evidence the Board’s Office of Public Assistance,
extent it requires service of the notice should file comments. Persons opposing Governmental Affairs and Compliance
on the Board by certified letter rather the proposed adverse abandonment and at (202) 245–0238 or refer to the full
than electronic or other delivery after a discontinuance who wish to participate abandonment/discontinuance
proceeding has been instituted; waiver actively and fully in the process should regulations at 49 CFR pt. 1152.
of 49 CFR 1152.20(a)(2)(x) that notice be file a protest, observing the filing, Questions concerning environmental
served on Amtrak; exemption from 49 service, and content requirements of 49 issues may be directed to OEA at (202)
U.S.C. 10903(a)(3)(B) concerning CFR 1152.25. Hartwell First’s reply is 245–0305. Assistance for the hearing
posting the notice of intent at agency due by June 13, 2017. impaired is available through the
stations or terminals; waiver of 49 CFR Any request for an interim trail use/
Federal Information Relay Service
1152.22(b)–(e), which require that railbanking condition under 16 U.S.C.
(FIRS) at 1–800–877–8339.
discontinuance and abandonment 1247(d) and 49 CFR 1152.29 must be
Board decisions and notices are
applications include information filed by May 29, 2017, and should
available on our Web site at
regarding the condition of properties, address whether the issuance of a
‘‘WWW.STB.GOV.’’
service performed, attributable revenue certificate of interim trail use in this
and cost data, and rural and community case would be consistent with the grant Decided: May 1, 2017.
impact; waiver of 49 CFR 1152.22(i) of an adverse abandonment and By the Board, Rachel D. Campbell,
concerning the wording of the draft discontinuance application. Each trail Director, Office of Proceedings.
Federal Register notice; exemption from use request must be accompanied by a Jeffrey Herzig,
49 U.S.C. 10904 and waiver of 49 CFR $300 filing fee. See 49 CFR Clearance Clerk.
1152.27, which govern an offer of 1002.2(f)(27). [FR Doc. 2017–09135 Filed 5–3–17; 8:45 am]
financial assistance (OFA) to continue All filings in response to this notice BILLING CODE 4915–01–P
common carrier rail service; exemption must refer to Docket No. AB 1242 and
from the public use provisions of 49 must be sent to: (1) Surface
U.S.C. 10905 and waiver of the Transportation Board, 395 E Street SW.,
corresponding regulation at 49 CFR Washington, DC 20423–0001; (2) Eric M. DEPARTMENT OF TRANSPORTATION
1152.28; and waiver of the requirement Hocky, Esq., Clark Hill PLC, 2005
under 49 CFR 1152.29(e)(2) that the Market Street, Suite 1000, Philadelphia, Federal Motor Carrier Safety
abandonment be consummated within PA 19103, (215) 640–8500. Administration
one year after the abandonment Filings may be submitted either via
[Docket No. FMCSA–2014–0383]
application. the Board’s e-filing format or in the
In the August 2016 Decision, Hartwell traditional paper format. Any person Qualification of Drivers; Exemption
First was directed to amend certain using e-filing should comply with the Applications; Hearing
language in its notice of intent; serve instructions found on the Board’s
copies of the notice on any significant ‘‘www.stb.gov’’ Web site, at the ‘‘E– AGENCY: Federal Motor Carrier Safety
shippers identified by HRC and/or FILING’’ link. Any person submitting a Administration (FMCSA), DOT.
GWRC; serve copies of the notice on any filing in the traditional paper format ACTION: Notice of renewal of
duly certified labor organizations should send the original and 10 copies exemptions; request for comments.
identified by HRC and/or GWRC as of the filing to the Board with a
representing their employees; and serve certificate of service. Except as SUMMARY: FMCSA announces its
a copy of the notice on the U.S. Railroad otherwise set forth in 49 CFR pt. 1152, decision to renew exemptions for 9
pmangrum on DSK3GDR082PROD with NOTICES
Retirement Board. Hartwell First has every document filed with the Board individuals from the hearing
complied with these requirements. must be served on all parties to this requirement in the Federal Motor
Hartwell First states that the Line adverse abandonment and Carrier Safety Regulations (FMCSRs) for
does not contain federally granted discontinuance proceeding. 49 CFR interstate commercial motor vehicle
rights-of-way. Any documentation in 1104.12(a). (CMV) drivers. The exemptions enable
Hartwell First’s possession will be made An environmental assessment (EA) (or these hard of hearing and deaf
available promptly to those requesting environmental impact statement (EIS), if individuals to continue to operate CMVs
it. Hartwell First’s entire case-in-chief necessary) prepared by the Board’s in interstate commerce.
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![Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices 20961
also have a copy of the exemption when cardioverter defibrillators (ICDs) to 224,Washington, DC 20590–0001. Office
driving, for presentation to a duly operate CMVs in interstate commerce. hours are from 8:30 a.m. to 5 p.m., e.t.,
authorized Federal, State, or local DATES: Comments must be received on Monday through Friday, except Federal
enforcement official. The driver is or before June 5, 2017. holidays. If you have questions
prohibited from operating a motorcoach ADDRESSES: You may submit comments regarding viewing or submitting
or bus with passengers in interstate bearing the Federal Docket Management material to the docket, contact Docket
commerce. The exemption does not System (FDMS) Docket ID FMCSA– Services, telephone (202) 366–9826.
exempt the individual from meeting the 2017–0116 using any of the following SUPPLEMENTARY INFORMATION:
applicable CDL testing requirements. methods: I. Background
Each exemption will be valid for two • Federal eRulemaking Portal: Go to
years unless rescinded earlier by http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
FMCSA. The exemption will be online instructions for submitting FMCSA may grant an exemption from
rescinded if: (1) The person fails to comments. the FMCSRs for a two-year period if it
comply with the terms and conditions • Mail: Docket Management Facility; finds ‘‘such exemption would likely
of the exemption; (2) the exemption has U.S. Department of Transportation, 1200 achieve a level of safety that is
resulted in a lower level of safety than New Jersey Avenue SE., West Building equivalent to or greater than the level
was maintained before it was granted; or Ground Floor, Room W12–140, that would be achieved absent such
(3) continuation of the exemption would Washington, DC 20590–0001. exemption.’’ The statute also allows the
not be consistent with the goals and • Hand Delivery: West Building Agency to renew exemptions at the end
objectives of 49 U.S.C. 31136(e) and Ground Floor, Room W12–140, 1200 of the two-year period.
31315. New Jersey Avenue SE., Washington, The two individuals listed in this
DC, between 9 a.m. and 5 p.m., e.t., notice have requested an exemption
IV. Conclusion from 49 CFR 391.41(b)(4). Accordingly,
Monday through Friday, except Federal
Based upon its evaluation of the nine Holidays. the Agency will evaluate the
exemption applications, FMCSA renews • Fax: 1–202–493–2251. qualifications of each applicant to
the exemptions of the aforementioned Instructions: Each submission must determine whether granting the
drivers from the hearing requirement in include the Agency name and the exemption will achieve the required
49 CFR 391.41(b)(11). In accordance docket number for this notice. Note that level of safety mandated by statute.
with 49 U.S.C. 31136(e) and 31315, each all comments received will be posted The physical qualification standard
exemption will be valid for two years without change to http:// found in 49 CFR 391.41(b)(4) states that
unless revoked earlier by FMCSA. www.regulations.gov, including any a person is physically qualified to drive
Issued on: April 27, 2017. personal information provided. Please a CMV if that person:
Larry W. Minor, see the Privacy Act heading below for Has no current clinical diagnosis of
Associate Administrator for Policy.
further information. myocardial infarction, angina pectoris,
Docket: For access to the docket to coronary insufficiency, thrombosis, or any
[FR Doc. 2017–09003 Filed 5–3–17; 8:45 am] other cardiovascular disease of a variety
read background documents or
BILLING CODE 4910–EX–P
comments, go to http:// known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac
www.regulations.gov, at any time or
failure.
Room W12–140 on the ground level of
DEPARTMENT OF TRANSPORTATION In addition to the regulations, FMCSA
the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9 has published advisory criteria 1 to
Federal Motor Carrier Safety
a.m. and 5 p.m., e.t., Monday through assist Medical Examiners in
Administration
Friday, except Federal holidays. The determining whether drivers with
[Docket No. FMCSA–2017–0116] FDMS is available 24 hours each day, certain medical conditions are qualified
365 days each year. If you want to operate a CMV in interstate
Qualification of Drivers; Exemption acknowledgment that we received your commerce. [49 CFR part 391,
Applications; Implantable Cardioverter comments, please include a self- APPENDIX A TO PART 391—MEDICAL
Defibrillators addressed, stamped envelope or ADVISORY CRITERIA, section D.
postcard or print the acknowledgement Cardiovascular: § 391.41(b)(4),
AGENCY: Federal Motor Carrier Safety
page that appears after submitting paragraph 4.] The advisory criteria
Administration (FMCSA), DOT.
comments online. states that ICDs are disqualifying due to
ACTION: Notice of applications for risk of syncope.
Privacy Act: In accordance with 5
exemption; request for comments. U.S.C. 553(c), DOT solicits comments II. Qualifications of Applicants
SUMMARY: FMCSA announces receipt of from the public to better inform its
rulemaking process. DOT posts these Justin Daale
applications from two individuals for an
exemption from the prohibition in the comments, without edit, including any Mr. Daale is a 40 year old Class A CDL
Federal Motor Carrier Safety personal information the commenter holder in Iowa. An October 2016
Regulations (FMCSRs) against operation provides, to http://www.regulations.gov, cardiologist report indicates that Mr.
of a commercial motor vehicle (CMV) by as described in the system records Daale’s ICD was implanted in July 2016.
persons with a current clinical diagnosis notice (DOT/ALL–14 FDMS), which can No complications or instability of an
be reviewed at http://www.dot.gov/ underlying heart condition are
pmangrum on DSK3GDR082PROD with NOTICES
of myocardial infarction, angina
pectoris, coronary insufficiency, privacy. described in the medical documents
thrombosis, or any other cardiovascular FOR FURTHER INFORMATION CONTACT: Ms. dated October 7, 2016, July 19, 2016,
disease of a variety known to be Christine A. Hydock, Chief, Medical
1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
accompanied by syncope, dyspnea, Programs Division, (202) 366–4001,
e47b48a9ea42dd67d999246e23d97970&mc=true&
collapse, or congestive heart failure. If fmcsamedical@dot.gov, FMCSA, node=pt49.5.391&rgn=div5#ap49.5.391_171.a and
granted, the exemptions would enable Department of Transportation, 1200 https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-
these individuals with implantable New Jersey Avenue SE., Room W64– vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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Document Created: 2017-05-04 01:49:08
Document Modified: 2017-05-04 01:49:08
| 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 June 5, 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 20959 |
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