82 FR 30939 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 126 (July 3, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 126 (July 3, 2017)
| Page Range | 30939-30940 | |
| FR Document | 2017-13931 |
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)] [Notices] [Pages 30939-30940] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13931] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0384] 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 five 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 August 2, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2014-0384 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 when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5-1951. [[Page 30940]] 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 five 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 five 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 June 10, 2017, the following five 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 (78 FR 22708). Thomas Carr (PA) Robert Knapp (WI) Keith Miller (PA) Jeffrey Webber (OK) Michael Wilkes (MA) The drivers were included in FMCSA-2014-0384. The exemptions were effective on June 10, 2017, and will expire on June 10, 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 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. V. 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: June 22, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-13931 Filed 6-30-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices 30939
SUPPLEMENTARY INFORMATION: In an Issued in Lawndale, California, on June 26, New Jersey Avenue SE., Washington,
April 19, 2011 Federal Register notice 2017. DC, between 9 a.m. and 5 p.m. e.t.,
(76 FR 21938), the FAA in cooperation Keith Lusk, Monday through Friday, except Federal
with the National Park Service (NPS) Program Manager, Special Programs Staff, Holidays.
provided notice of its intent to develop Western-Pacific Region. • Fax: 1–202–493–2251.
an EA for the ATMP at Big Cypress [FR Doc. 2017–13992 Filed 6–30–17; 8:45 am]
Instructions: Each submission must
National Preserve, pursuant to the BILLING CODE 4910–13–P include the Agency name and the
National Parks Air Tour Management docket number(s) for this notice. Note
Act of 2000 (Pub. L. 106–181) and its that all comments received will be
implementing regulations contained in DEPARTMENT OF TRANSPORTATION
posted without change to http://
14 CFR part 136, subpart B, National Federal Motor Carrier Safety www.regulations.gov, including any
Parks Air Tour Management. The ATMP Administration personal information provided. Please
process for Big Cypress National see the Privacy Act heading below for
Preserve was initiated based on receipt [Docket No. FMCSA–2014–0384] further information.
of an application for operating authority Qualification of Drivers; Exemption Docket: For access to the docket to
from an existing commercial air tour Applications; Hearing read background documents or
operator to conduct commercial air tour comments, go to http://
operations over this park unit. In AGENCY: Federal Motor Carrier Safety www.regulations.gov at any time or
accordance with NPATMA and based Administration (FMCSA), DOT. Room W12–140 on the ground level of
on the existing level of operations at the ACTION: Notice of renewal of the West Building, 1200 New Jersey
time of the application, the FAA issued exemptions; request for comments. Avenue SE., Washington, DC, between 9
interim operating authority (IOA) to the a.m. and 5 p.m., e.t., Monday through
SUMMARY: FMCSA announces its Friday, except Federal holidays. The
commercial air tour operator to conduct decision to renew exemptions for five
an annual total of 1,260 commercial air FDMS is available 24 hours each day,
individuals from the hearing 365 days each year. If you want
tours over the park until such time as an requirement in the Federal Motor
ATMP was developed. The FAA and acknowledgment that we received your
Carrier Safety Regulations (FMCSRs) for comments, please include a self-
NPS began preparing an EA to comply interstate commercial motor vehicle
with the National Environmental Policy addressed, stamped envelope or
(CMV) drivers. The exemptions enable postcard or print the acknowledgement
Act (Pub. L. 91–190), which requires these hard of hearing and deaf
Federal agencies to consider the page that appears after submitting
individuals to continue to operate CMVs comments online.
environmental impacts associated with in interstate commerce.
a major federal action. Privacy Act: In accordance with 5
DATES: The renewed exemptions were
U.S.C. 553(c), DOT solicits comments
The FAA Modernization and Reform effective on the dates stated in the from the public to better inform its
Act of 2012 (Pub. L. 112–95) amended discussions below and will expire on rulemaking process. DOT posts these
various provisions of NPATMA. One the dates stated in the discussions comments, without edit, including any
provision provided that as an alternative below. Comments must be received on personal information the commenter
to an ATMP, to manage commercial air or before August 2, 2017. provides, to http://www.regulations.gov,
tour operations over a national park, the FOR FURTHER INFORMATION CONTACT: Ms. as described in the system of records
NPS and the FAA, may enter into a Christine A. Hydock, Chief, Medical notice (DOT/ALL–14 FDMS), which can
voluntary agreement with a commercial Programs Division, 202–366–4001, be reviewed at http://www.dot.gov/
air tour operator (including a new fmcsamedical@dot.gov, FMCSA, privacy.
entrant commercial air tour operator Department of Transportation, 1200
and an operator that has IOA) that has New Jersey Avenue SE., Room W64– I. Background
applied to conduct commercial air tour 224, Washington, DC 20590–0001. Under 49 U.S.C. 31136(e) and 31315,
operations over a national park. The Office hours are from 8:30 a.m. to 5 FMCSA may grant an exemption for two
FAA and NPS entered into voluntary p.m., e.t., Monday through Friday, years if it finds ‘‘such exemption would
agreements with one existing and one except Federal holidays. If you have likely achieve a level of safety that is
new entrant commercial air tour questions regarding viewing or equivalent to or greater than the level
operator for tours over Big Cypress submitting material to the docket, that would be achieved absent such
National Preserve. The voluntary contact Docket Services, telephone (202) exemption.’’ The statute also allows the
agreements became effective in 366–9826. Agency to renew exemptions at the end
December 2015. Copies of the voluntary ADDRESSES: You may submit comments of the two-year period.
agreements can be found at: http:// bearing the Federal Docket Management The physical qualification standard
www.faa.gov/about/office_org/ System (FDMS) Docket No. FMCSA– for drivers regarding hearing found in
headquarters_offices/arc/programs/air_ 2014–0384 using any of the following 49 CFR 391.41(b)(11) states that a
tour_management_plan/park_specific_ methods: person is physically qualified to drive a
plans/big_cypress/. • Federal eRulemaking Portal: Go to CMV if that person:
http://www.regulations.gov. Follow the
As the agencies and the operators online instructions for submitting First perceives a forced whispered voice in
entered into voluntary agreements for the better ear at not less than 5 feet with or
sradovich on DSK3GMQ082PROD with NOTICES
comments.
commercial air tour operations over Big • Mail: Docket Management Facility; without the use of a hearing aid or, if tested
Cypress National Preserve, an ATMP is by use of an audiometric device, does not
U.S. Department of Transportation, 1200 have an average hearing loss in the better ear
no longer required. Therefore, the FAA, New Jersey Avenue SE., West Building greater than 40 decibels at 500 Hz, 1,000 Hz,
in cooperation with the NPS, has Ground Floor, Room W12–140, and 2,000 Hz with or without a hearing aid
stopped work and discontinued the Washington, DC 20590–0001. when the audiometric device is calibrated to
preparation of the ATMP and EA for Big • Hand Delivery: West Building American National Standard (formerly ASA
Cypress National Preserve. Ground Floor, Room W12–140, 1200 Standard) Z24.5–1951.
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![30940 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
49 CFR 391.41(b)(11) was adopted in U.S.C. 31136(e) and 31315, each driver DEPARTMENT OF TRANSPORTATION
1970, with a revision in 1971 to allow has received a renewed exemption.
drivers to be qualified under this As of June 10, 2017, the following five Federal Motor Carrier Safety
standard while wearing a hearing aid, Administration
drivers have satisfied the renewal
35 FR 6458, 6463 (April 22, 1970) and conditions for obtaining an exemption [FMCSA Docket No. FMCSA–2017–0031]
36 FR 12857 (July 3, 1971).
The five individuals listed in this from the hearing requirement in 49 CFR
391.41(b)(11), from driving CMVs in Qualification of Drivers; Exemption
notice have requested renewal of their Applications; Diabetes Mellitus
exemptions from the hearing standard interstate commerce (78 FR 22708).
in 49 CFR 391.41(b)(11), in accordance Thomas Carr (PA) AGENCY: Federal Motor Carrier Safety
with FMCSA procedures. Accordingly, Administration (FMCSA), DOT.
Robert Knapp (WI)
FMCSA has evaluated these ACTION: Notice of final disposition.
applications for renewal on their merits Keith Miller (PA)
and decided to extend each exemption Jeffrey Webber (OK) SUMMARY: FMCSA announces its
for a renewable two-year period. decision to exempt 49 individuals from
Michael Wilkes (MA)
its rule prohibiting persons with
II. Request for Comments
The drivers were included in insulin-treated diabetes mellitus (ITDM)
Interested parties or organizations FMCSA–2014–0384. The exemptions from operating commercial motor
possessing information that would were effective on June 10, 2017, and vehicles (CMVs) in interstate commerce.
otherwise show that any, or all, of these will expire on June 10, 2019. The exemptions enable these
drivers are not currently achieving the individuals to operate CMVs in
statutory level of safety should IV. Conditions and Requirements interstate commerce.
immediately notify FMCSA. The
The exemptions are extended subject DATES: The exemptions were effective
Agency will evaluate any adverse
to the following conditions: (1) Each on May 31, 2017. The exemptions
evidence submitted and, if safety is
driver must report any crashes or expire on May 31, 2019.
being compromised or if continuation of
the exemption would not be consistent accidents as defined in 49 CFR 390.5; FOR FURTHER INFORMATION CONTACT: Ms.
with the goals and objectives of 49 and (2) report all citations and Christine A. Hydock, Chief, Medical
U.S.C. 31136(e) and 31315, FMCSA will convictions for disqualifying offenses Programs Division, (202) 366–4001,
take immediate steps to revoke the under 49 CFR part 383 and 49 CFR 391 fmcsamedical@dot.gov, FMCSA,
exemption of a driver. to FMCSA. In addition, the driver must Department of Transportation, 1200
also have a copy of the exemption when New Jersey Avenue SE., Room W64–
III. Basis for Renewing Exemptions driving, for presentation to a duly 113, Washington, DC 20590–0001.
Under 49 U.S.C. 31315(b)(1), an authorized Federal, State, or local Office hours are from 8:30 a.m. to 5 p.m.
exemption may be granted for no longer enforcement official. The driver is e.t., Monday through Friday, except
than two years from its approval date prohibited from operating a motorcoach Federal holidays.
and may be renewed upon application. or bus with passengers in interstate SUPPLEMENTARY INFORMATION:
In accordance with 49 U.S.C. 31136(e) commerce. The exemption does not
and 31315, each of the twelve I. Electronic Access
exempt the individual from meeting the
applicants has satisfied the renewal applicable CDL testing requirements. You may see all the comments online
conditions for obtaining an exemption Each exemption will be valid for two through the Federal Document
from the hearing requirement (80 FR years unless rescinded earlier by Management System (FDMS) at: http://
57032; 80 FR 60747). In addition, for FMCSA. The exemption will be www.regulations.gov.
Commercial Driver’s License (CDL) rescinded if: (1) The person fails to Docket: For access to the docket to
holders, the Commercial Driver’s comply with the terms and conditions read background documents or
License Information System (CDLIS) of the exemption; (2) the exemption has comments, go to http://
and the Motor Carrier Management resulted in a lower level of safety than www.regulations.gov and/or Room
Information System (MCMIS) are was maintained before it was granted; or W12–140 on the ground level of the
searched for crash and violation data. (3) continuation of the exemption would West Building, 1200 New Jersey Avenue
For non-CDL holders, the Agency not be consistent with the goals and SE., Washington, DC, between 9 a.m.
reviews the driving records from the objectives of 49 U.S.C. 31136(e) and and 5 p.m., e.t., Monday through Friday,
State Driver’s Licensing Agency (SDLA). 31315. except Federal holidays.
These factors provide an adequate basis Privacy Act: In accordance with 5
for predicting each driver’s ability to V. Conclusion U.S.C. 553(c), DOT solicits comments
continue to safely operate a CMV in from the public to better inform its
interstate commerce. Based upon its evaluation of the nine rulemaking process. DOT posts these
The five drivers in this notice remain exemption applications, FMCSA renews comments, without edit, including any
in good standing with the Agency and the exemptions of the aforementioned personal information the commenter
have not exhibited any medical issues drivers from the hearing requirement in provides, to www.regulations.gov, as
that would compromise their ability to 49 CFR 391.41 (b)(11). In accordance described in the system of records
safely operate a CMV during the with 49 U.S.C. 31136(e) and 31315, each notice (DOT/ALL–14 FDMS), which can
previous two-year exemption period. exemption will be valid for two years
sradovich on DSK3GMQ082PROD with NOTICES
be reviewed at www.dot.gov/privacy.
FMCSA has concluded that renewing unless revoked earlier by FMCSA.
the exemptions for each of these II. Background
Issued on: June 22, 2017.
applicants is likely to achieve a level of On April 27, 2017, FMCSA published
Larry W. Minor,
safety equal to that existing without the a notice of receipt of Federal diabetes
exemption. Therefore, FMCSA has Associate Administrator for Policy. exemption applications from 50
decided to renew each exemption for a [FR Doc. 2017–13931 Filed 6–30–17; 8:45 am] individuals and requested comments
two-year period. In accordance with 49 BILLING CODE 4910–EX–P from the public (82 FR 19438). The
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Document Created: 2018-11-14 10:20:12
Document Modified: 2018-11-14 10:20:12
| 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 August 2, 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 30939 |
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