82 FR 46607 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 192 (October 5, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 192 (October 5, 2017)
| Page Range | 46607-46608 | |
| FR Document | 2017-21455 |
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)] [Notices] [Pages 46607-46608] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21455] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2012-0123; FMCSA-2014-0124] Qualification of Drivers; Exemption Applications; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for three 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 exemptions were applicable on April 8, 2017. The exemptions expire on April 8, 2019. 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. SUPPLEMENTARY INFORMATION: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/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., ET, Monday through Friday, except Federal holidays. 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. II. Background On April 5, 2017, FMCSA published a notice announcing its decision to renew exemptions for three individuals from the hearing standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested comments from the public (82 FR 16661). The public comment period ended on May 5, 2017 and one comment was received. As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(11). 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). III. Discussion of Comments FMCSA received one comment in this preceeding. Janet S. Pratcher from the University of Memphis, Department of Social Work, wrote in support of renewing the exemptions for the three individuals in this notice for two years. IV. Conclusion Based upon its evaluation of the three renewal exemption applications and comment received, FMCSA announces its' decision to exempt the following drivers from the hearing requirement in 49 CFR 391.41(b)(11). As of April 8, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following three individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate (CMV) drivers (79 FR 90336; 80 FR 18926; 81 FR 12556): Clark Dobson (CA); Gregory Hill (MS); and Ronald Ruttler (WA). The drivers were included in docket numbers FMCSA-2012-0123 and FMCSA-2014-0124. Their exemptions were applicable as of April 8, 2017, and will expire on April 8, 2019. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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 [[Page 46608]] was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: September 19, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-21455 Filed 10-4-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 46607
Division, U.S. Department of ACTION: Notice of final disposition. As stated in the previous notice,
Transportation, Federal Motor Carrier FMCSA has evaluated the eligibility of
Safety Administration, West Building SUMMARY: FMCSA announces its these applicants and determined that
6th Floor, 1200 New Jersey Avenue SE., decision to renew exemptions for three renewing these exemptions would
Washington, DC 20590–0001. individuals from the hearing achieve a level of safety equivalent to or
Telephone: 202–366–8045; email requirement in the Federal Motor greater than the level that would be
monique.riddick@dot.gov. Carrier Safety Regulations (FMCSRs) for achieved by complying with the current
interstate commercial motor vehicle regulation 49 CFR 391.41(b)(11).
SUPPLEMENTARY INFORMATION: For
(CMV) drivers. The exemptions enable The physical qualification standard
FMCSA’s notice published on August
these hard of hearing and deaf for drivers regarding hearing found in
16, 2017, (82 FR 38989), the following
individuals to continue to operate CMVs 49 CFR 391.41(b)(11) states that a
corrections are made:
in interstate commerce. person is physically qualified to driver
In column three of page 38988, in the
Summary paragraph, the last sentence DATES: The exemptions were applicable a CMV if that person:
should read ‘‘The reinstatement of this on April 8, 2017. The exemptions expire First perceives a forced whispered voice in
ICR is necessary to support FMCSA’s on April 8, 2019. the better ear at not less than 5 feet with or
responsibility to ensure consumer FOR FURTHER INFORMATION CONTACT: Ms. without the use of a hearing aid or, if tested
protection in the transportation of Christine A. Hydock, Chief, Medical by use of an audiometric device, does not
household goods (HHG).’’ Programs Division, (202) 366–4001, have an average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000 Hz,
In column one of page 38989, add the fmcsamedical@dot.gov, FMCSA,
and 2,000 Hz with or without a hearing aid
following sentence to be the first Department of Transportation, 1200 when the audiometric device is calibrated to
sentence in the BACKGROUND section: New Jersey Avenue SE., Room W64– American National Standard (formerly ASA
‘‘The reinstatement of this ICR is 224, Washington, DC 20590–0001. Standard) Z24.5–1951.
necessary to support the requirements of Office hours are from 8:30 a.m. to 5
49 CFR 391.41(b)(11) was adopted in
subpart B of 49 CFR part 371 and p.m., e.t., Monday through Friday,
1970, with a revision in 1971 to allow
FMCSA’s responsibility to ensure except Federal holidays. If you have
drivers to be qualified under this
consumer protection in the questions regarding viewing or
standard while wearing a hearing aid,
transportation of household goods submitting material to the docket,
35 FR 6458, 6463 (April 22, 1970) and
(HHG).’’ contact Docket Services, telephone (202)
36 FR 12857 (July 3, 1971).
In column two of page 38989, the 366–9826.
paragraph that begins ‘‘With this SUPPLEMENTARY INFORMATION: III. Discussion of Comments
renewal’’ should read: With this FMCSA received one comment in this
renewal, FMCSA makes a change to the I. Electronic Access
preceeding. Janet S. Pratcher from the
annual burden hours associated with You may see all the comments online University of Memphis, Department of
this ICR. There is a reduction of 19,522 through the Federal Document Social Work, wrote in support of
annual burden hours due to the removal Management System (FDMS) at: http:// renewing the exemptions for the three
of 1,000 burden-hours associated with www.regulations.gov. individuals in this notice for two years.
new entrant household goods brokers Docket: For access to the docket to
setting up a separate accounting system read background documents or IV. Conclusion
to comply with 49 CFR 371.13. FMCSA comments, go to http:// Based upon its evaluation of the three
no longer believes the inclusion of such www.regulations.gov and/or Room renewal exemption applications and
burden hours is necessary as such usual W12–140 on the ground level of the comment received, FMCSA announces
and customary actions to comply with West Building, 1200 New Jersey Avenue its’ decision to exempt the following
regulatory requirements do not need to SE., Washington, DC, between 9 a.m. drivers from the hearing requirement in
be included in burden calculations. and 5 p.m., ET, Monday through Friday, 49 CFR 391.41(b)(11).
Further, the number of burden hours is except Federal holidays. As of April 8, 2017, and in accordance
reduced due to a reduced estimate of the Privacy Act: In accordance with 5 with 49 U.S.C. 31136(e) and 31315, the
number of HHG brokers that are U.S.C. 553(c), DOT solicits comments following three individuals have
impacted by this information collection. from the public to better inform its satisfied the renewal conditions for
Issued on: September 27, 2017. rulemaking process. DOT posts these obtaining an exemption from the
Kelly Regal, comments, without edit, including any hearing requirement in the FMCSRs for
Associate Administrator, Office of Research
personal information the commenter interstate (CMV) drivers (79 FR 90336;
and Information Technology. provides, to http://www.regulations.gov, 80 FR 18926; 81 FR 12556): Clark
[FR Doc. 2017–21454 Filed 10–4–17; 8:45 am]
as described in the system of records Dobson (CA); Gregory Hill (MS); and
notice (DOT/ALL–14 FDMS), which can Ronald Ruttler (WA).
BILLING CODE 4910–EX–P
be reviewed at http://www.dot.gov/ The drivers were included in docket
privacy. numbers FMCSA–2012–0123 and
DEPARTMENT OF TRANSPORTATION FMCSA–2014–0124. Their exemptions
II. Background were applicable as of April 8, 2017, and
Federal Motor Carrier Safety On April 5, 2017, FMCSA published will expire on April 8, 2019.
Administration a notice announcing its decision to In accordance with 49 U.S.C. 31315,
renew exemptions for three individuals each exemption will be valid for two
ethrower on DSK3G9T082PROD with NOTICES
[Docket No. FMCSA–2012–0123; FMCSA– from the hearing standard in 49 CFR years from the effective date unless
2014–0124] 391.41(b)(11) to operate a CMV in revoked earlier by FMCSA. The
Qualification of Drivers; Exemption interstate commerce and requested exemption will be revoked if the
Applications; Hearing comments from the public (82 FR following occurs: (1) The person fails to
16661). The public comment period comply with the terms and conditions
AGENCY:Federal Motor Carrier Safety ended on May 5, 2017 and one comment of the exemption; (2) the exemption has
Administration (FMCSA), DOT. was received. resulted in a lower level of safety than
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![46608 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices
was maintained prior to being granted; Commenters should follow the Engineering Services Director
or (3) continuation of the exemption instructions below for mailed and hand- City of Raleigh
would not be consistent with the goals delivered comments: One Exchange Plaza
and objectives of 49 U.S.C. 31136 and (1) Web site: http:// 219 Fayetteville Street, Suite 801
31315. www.regulations.gov. Follow the Raleigh, NC 27601
instructions for submitting comments Re: Request for Waiver of Buy America
Issued on: September 19, 2017.
on the U.S. Government electronic Requirement
Larry W. Minor,
docket site; Dear Mr. Kelly:
Associate Administrator for Policy. (2) Fax: (202) 493–2251; On September 23, 2016, Code Electric, Inc.
[FR Doc. 2017–21455 Filed 10–4–17; 8:45 am] (3) Mail: U.S. Department of requested a waiver from the Federal Railroad
BILLING CODE 4910–EX–P Transportation, 1200 New Jersey Administration’s (FRA) Buy America
Avenue SE., Docket Operations, M–30, requirement (49 U.S.C. 24405(a)) to use
Room W12–140, Washington, DC certain components of a fire alarm system,
DEPARTMENT OF TRANSPORTATION 20590–0001; or which cannot be sourced in the United
(4) Hand Delivery: Room W12–140 on States, in the Raleigh Union Station project
Federal Railroad Administration the first floor of the West Building, 1200 (Project). The Project is for construction of a
New Jersey Avenue SE., Washington, passenger train station in downtown Raleigh
[Docket No. FRA–2012–0033]
that will replace the existing Amtrak station.
DC 20590, between 9 a.m. and 5 p.m.,
The City of Raleigh (City), through its
Notice of Intent To Grant a Buy Monday through Friday, except Federal contractor, awarded Code Electric, Inc. the
America Waiver to the City of Raleigh holidays. electrical construction sub-contract for the
To Use Certain Non-Domestic Instructions: All submissions must Project. The $90 million project is funded in
Components of a Fire Alarm System reference the ‘‘Federal Railroad part by two Transportation Infrastructure
Administration’’ and include docket Generating Economic Recovery grants of
AGENCY: Federal Railroad
number FRA–2012–0033. Due to $26.5 million from Fiscal Year (FY) 2012 and
Administration (FRA), United States
security procedures in effect since $11.5 million from FY 2013 to the City, and
Department of Transportation (DOT).
October 2001, mail received through the $15 million from a $520 million American
ACTION: Notice of intent to grant Buy U.S. Postal Service may be subject to Recovery and Reinvestment Act of 2009 grant
America waiver. delays. Parties submitting responses to to the North Carolina Department of
this notice should consider using an Transportation. FRA is providing its decision
SUMMARY: FRA is issuing this notice to
express mail firm to ensure the prompt on the waiver to the City as the FRA grant
advise the public it intends to grant the recipient for this Project.
City of Raleigh (City) a waiver from filing of any submissions not filed
The Project is subject to 49 U.S.C.
FRA’s Buy America requirement to use electronically or by hand. Note that all
24405(a)(1). Section 24405(a)(1) requires the
certain non-domestic components of a submissions received, including any steel, iron, and manufactured goods used in
fire alarm system Code Electric, Inc. personal information therein, will be a project to be produced in the United States.
provided for the Raleigh Union Station posted without change or alteration to FRA may waive the Buy America
project, in partnership with the North http://www.regulations.gov. For more requirements if FRA finds that: (1) Applying
Carolina Department of Transportation information, you may review DOT’s the requirements would be inconsistent with
(NCDOT). Code Electric, Inc. is an complete Privacy Act Statement in the the public interest; (2) the steel, iron, and
electrical contractor for the Raleigh Federal Register published on April 11, goods manufactured in the United States are
2000 (65 FR 19477), or visit http:// not produced in sufficient and reasonably
Union Station project.
www.regulations.gov. available amounts or are not of a satisfactory
DATES: Written comments on FRA’s quality; (3) rolling stock or power train
determination to grant a Buy America FOR FURTHER INFORMATION CONTACT: Mr. equipment cannot be bought or delivered to
waiver to the City should be provided John Johnson, Attorney-Advisor, FRA the United States within a reasonable time;
to the FRA on or before October 12, Office of Chief Counsel, 1200 New or (4) including domestic material will
2017. Jersey Avenue SE., Mail Stop 10, increase the cost of the overall project by
ADDRESSES: Please submit your
Washington, DC 20590, (202) 493–0078, more than 25 percent.
John.Johnson@dot.gov. For the reasons stated in this letter, FRA
comments by one of the following grants a ‘‘non-availability’’ Buy America
means, identifying your submissions by SUPPLEMENTARY INFORMATION: FRA
provided information on its reasons for waiver. This waiver applies only to this
docket number FRA–2012–0033. All Project.
electronic submissions must be made to granting this waiver in a letter to the
Code Electric seeks a waiver for the
the U.S. Government electronic site at City of Raleigh, quoted below: following components (Components) for use
http://www.regulations.gov. Mr. Richard L. Kelly in the Project:
Description Quantity Description Quantity
Addressable Pull Station ............................................... 15 Addressable Module Flush Cover ............................... 22
Duct Sensor Housing .................................................... 6 Overvoltage Suppressor .............................................. 1
Remote Test Station ..................................................... 6 Relay IAM .................................................................... 13
Sampling Tube 73″, Plastic .......................................... 6 Addressable Module Flush Cover ............................... 13
Relay IAM ..................................................................... 6 Relay Id NET 2 IAM W/T Sense ................................. 1
Addressable Module Flush Cover ................................ 6 10 AH Battery .............................................................. 2
Indoor/Outdoor Surface Back Box ................................ 8 Address Module Isolator .............................................. 10
ethrower on DSK3G9T082PROD with NOTICES
Speaker Low Profile Ceiling Mount .............................. 9 Addressable Module Flush Cover ............................... 10
Supervised IAM ............................................................. 22 50 AH Battery .............................................................. 4
IAM Bracket .................................................................. 22 Laptop .......................................................................... 1
The total cost of the fire alarm system is non-U.S. manufactured components is less Code Electric asserts the following facts in
less than $30,000, and the total cost of the than $10,000. support of the waiver request:
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Document Created: 2017-10-05 00:53:40
Document Modified: 2017-10-05 00:53:40
| 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 final disposition. | |
| Dates | The exemptions were applicable on April 8, 2017. The exemptions expire on April 8, 2019. | |
| 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 46607 |
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