82 FR 47300 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 195 (October 11, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47300-47301 | |
| FR Document | 2017-21894 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Notices] [Pages 47300-47301] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21894] ----------------------------------------------------------------------- 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 final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces 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 exemptions were applicable June 10, 2017. The exemptions will expire on June 10, 2019. FOR FURTHER INFORMATION CONTACT: 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 [[Page 47301]] 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. 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 July 3, 2017, FMCSA published a notice announcing its decision to renew exemptions for five 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 30939). The public comment period ended on August 2, 2017, and no comments were 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 no comments in response to this preceding. IV. Conclusion Based upon its evaluation of the five renewal exemption applications, FMCSA announces its' decision to exempt the following drivers from the hearing requirement in 49 CFR 391.41 (b)(11). As of June 10, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers. (82 FR 30939): Thomas Carr (PA) Richard Knapp (WI) Keith Miller (PA) Jeffrey Webber (OK) Michael Wilkes (MA) The drivers were included in docket number FMCSA-2014-0384. Their exemptions were applicable on June 10, 2017, and will expire on June 10, 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 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: October 2, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-21894 Filed 10-10-17; 8:45 am] BILLING CODE 4910-EX-P
![47300 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
and are taking anti-seizure medication, Kenneth L. Lewis V. Viewing Comments and Documents
rather than an individual analysis of Mr. Lewis is a 55-year old Class A To view comments, as well as any
their circumstances by a qualified driver in North Carolina. He has a documents mentioned in this preamble,
Medical Examiner based on the physical history of epilepsy and has remained go to http://www.regulations.gov and in
qualification standards and medical best seizure free since 1984. He takes anti- the search box insert the docket number
practices. seizure medication, with the dosage and FMCSA–2017–0181 and click ‘‘Search.’’
On January 15, 2013, FMCSA frequency remaining the same since Next, click ‘‘Open Docket Folder’’ and
announced in a Notice of Final 2004. His physician states that he is you will find all documents and
Disposition titled, Qualification of supportive of Mr. Lewis receiving an comments related to this notice.
Drivers; Exemption Applications; exemption. Issued on: October 2, 2017.
Epilepsy and Seizure Disorders, (78 FR
Sean C. Moran Larry W. Minor,
3069), its decision to grant requests from
Mr. Moran is a 22-year old Class D Associate Administrator for Policy.
22 individuals for exemptions from the
regulatory requirement that interstate driver in Massachusetts. He has a [FR Doc. 2017–21881 Filed 10–10–17; 8:45 am]
CMV drivers have ‘‘no established history of epilepsy and has remained BILLING CODE 4910–EX–P
medical history or clinical diagnosis of seizure free since 2009. He takes anti-
epilepsy or any other condition which seizure medication, with the dosage and
is likely to cause loss of consciousness frequency remaining the same since DEPARTMENT OF TRANSPORTATION
or any loss of ability to control a CMV.’’ 2010. His physician states that he is
supportive of Mr. Moran receiving an Federal Motor Carrier Safety
Since the January 15, 2013 notice, the Administration
Agency has published additional exemption.
notices granting requests from [Docket No. FMCSA–2014–0384]
III. Request for Comments
individuals for exemptions from the
regulatory requirement regarding In accordance with 49 U.S.C. 31136(e) Qualification of Drivers; Exemption
and 31315, FMCSA requests public Applications; Hearing
epilepsy found in 49 CFR 391.41(b)(8).
comment from all interested persons on
To be considered for an exemption the exemption petitions described in AGENCY: Federal Motor Carrier Safety
from the epilepsy and seizure disorders this notice. We will consider all Administration (FMCSA), DOT.
prohibition in 49 CFR 391.41(b)(8), comments received before the close of ACTION: Notice of final disposition.
applicants must meet the criteria in the business on the closing date indicated
2007 recommendations of the Agency’s SUMMARY: FMCSA announces decision
in the dates section of the notice. to renew exemptions for five
Medical Expert Panel (MEP) (78 FR
3069). IV. Submitting Comments individuals from the hearing
You may submit your comments and requirement in the Federal Motor
II. Qualifications of Applicants Carrier Safety Regulations (FMCSRs) for
material online or by fax, mail, or hand
Gary T. Clark delivery, but please use only one of interstate commercial motor vehicle
these means. FMCSA recommends that (CMV) drivers. The exemptions enable
Mr. Clark is a 44-year old Class A you include your name and a mailing these hard of hearing and deaf
driver in Kentucky. He has a history of address, an email address, or a phone individuals to continue to operate CMVs
epilepsy and has remained seizure free number in the body of your document in interstate commerce.
since 2006. He takes anti-seizure so that FMCSA can contact you if there DATES: The exemptions were applicable
medication, with the dosage and are questions regarding your June 10, 2017. The exemptions will
frequency remaining the same since submission. expire on June 10, 2019.
2015. His physician states that he is To submit your comment online, go to FOR FURTHER INFORMATION CONTACT:
supportive of Mr. Clark receiving an http://www.regulations.gov and in the Christine A. Hydock, Chief, Medical
exemption. search box insert the docket number Programs Division, 202–366–4001,
Gary J. Gress FMCSA–2017–0181 and click the search fmcsamedical@dot.gov, FMCSA,
button. When the new screen appears, Department of Transportation, 1200
Mr. Gress is a 58-year old Class AM click on the blue ‘‘Comment Now!’’ New Jersey Avenue SE., Room W64–
driver in Pennsylvania. He has a history button on the right hand side of the 224, Washington, DC 20590–0001.
of post traumatic seizure due to page. On the new page, enter Office hours are from 8:30 a.m. to 5
traumatic brain injury and has remained information required including the p.m., e.t., Monday through Friday,
seizure free since 2003. He takes anti- specific section of this document to except Federal holidays. If you have
seizure medication, with the dosage and which each comment applies, and questions regarding viewing or
frequency remaining the same since that provide a reason for each suggestion or submitting material to the docket,
time. His physician states that he is recommendation. If you submit your contact Docket Services, telephone (202)
supportive of Mr. Gress receiving an comments by mail or hand delivery, 366–9826.
exemption. submit them in an unbound format, no SUPPLEMENTARY INFORMATION:
Joseph R. Lamkin larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you I. Electronic Access
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Mr. Lamkin is a 47-year old Class DB submit comments by mail and would You may see all the comments online
driver in Kentucky. He has a history of like to know that they reached the through the Federal Document
multiple past generalized seizures and facility, please enclose a stamped, self- Management System (FDMS) at: http://
has remained seizure free since 1998. addressed postcard or envelope. www.regulations.gov.
He takes anti-seizure medications, with We will consider all comments and Docket: For access to the docket to
the dosage and frequency remaining the materials received during the comment read background documents or
same since 2007. His physician states period. FMCSA may issue a final comments, go to http://
that he is supportive of Mr. Lamkin determination at any time after the close www.regulations.gov and/or Room
receiving an exemption. of the comment period. W12–140 on the ground level of the
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![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47301
West Building, 1200 New Jersey Avenue 31315, the following individuals have • Federal eRulemaking Portal: Go to
SE., Washington, DC, between 9 a.m. satisfied the renewal conditions for http://www.regulations.gov. Follow the
and 5 p.m., e.t., Monday through Friday, obtaining an exemption from the online instructions for submitting
except Federal holidays. hearing requirement in the FMCSRs for comments.
Privacy Act: In accordance with 5 interstate CMV drivers. (82 FR 30939): • Mail: Docket Management Facility;
U.S.C. 553(c), DOT solicits comments Thomas Carr (PA) U.S. Department of Transportation, 1200
from the public to better inform its Richard Knapp (WI) New Jersey Avenue SE., West Building
rulemaking process. DOT posts these Keith Miller (PA) Ground Floor, Room W12–140,
comments, without edit, including any Jeffrey Webber (OK) Washington, DC 20590–0001.
personal information the commenter Michael Wilkes (MA) • Hand Delivery: West Building
provides, to http://www.regulations.gov, Ground Floor, Room W12–140, 1200
as described in the system of records The drivers were included in docket
number FMCSA–2014–0384. Their New Jersey Avenue SE., Washington,
notice (DOT/ALL–14 FDMS), which can DC, between 9 a.m. and 5 p.m., e.t.,
be reviewed at http://www.dot.gov/ exemptions were applicable on June 10,
2017, and will expire on June 10, 2019. Monday through Friday, except Federal
privacy. Holidays.
In accordance with 49 U.S.C. 31315,
II. Background each exemption will be valid for two • Fax: 1–202–493–2251.
On July 3, 2017, FMCSA published a years from the effective date unless Instructions: Each submission must
notice announcing its decision to renew revoked earlier by FMCSA. The include the Agency name and the
exemptions for five individuals from the exemption will be revoked if the docket number(s) for this notice. Note
hearing standard in 49 CFR following occurs: (1) The person fails to that all comments received will be
391.41(b)(11) to operate a CMV in comply with the terms and conditions posted without change to http://
interstate commerce and requested of the exemption; (2) the exemption has www.regulations.gov, including any
comments from the public (82 FR resulted in a lower level of safety than personal information provided. Please
30939). The public comment period was maintained prior to being granted; see the Privacy Act heading below for
ended on August 2, 2017, and no or (3) continuation of the exemption further information.
comments were received. would not be consistent with the goals Docket: For access to the docket to
As stated in the previous notice, and objectives of 49 U.S.C. 31136 and read background documents or
FMCSA has evaluated the eligibility of 31315. comments, go to http://
these applicants and determined that Issued on: October 2, 2017. www.regulations.gov at any time or
renewing these exemptions would Larry W. Minor,
Room W12–140 on the ground level of
achieve a level of safety equivalent to or the West Building, 1200 New Jersey
Associate Administrator for Policy.
greater than the level that would be Avenue SE., Washington, DC, between 9
[FR Doc. 2017–21894 Filed 10–10–17; 8:45 am]
achieved by complying with the current a.m. and 5 p.m., e.t., Monday through
regulation 49 CFR 391.41(b)(11). BILLING CODE 4910–EX–P Friday, except Federal holidays. The
The physical qualification standard FDMS is available 24 hours each day
for drivers regarding hearing found in e.t., 365 days each year. If you want
49 CFR 391.41(b)(11) states that a DEPARTMENT OF TRANSPORTATION
acknowledgment that we received your
person is physically qualified to driver comments, please include a self-
Federal Motor Carrier Safety
a CMV if that person: addressed, stamped envelope or
Administration
First perceives a forced whispered voice in postcard or print the acknowledgement
the better ear at not less than 5 feet with or [Docket No. FMCSA–2017–0234] page that appears after submitting
without the use of a hearing aid or, if tested comments online.
by use of an audiometric device, does not Qualification of Drivers; Exemption Privacy Act: In accordance with 5
have an average hearing loss in the better ear Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments
greater than 40 decibels at 500 Hz, 1,000 Hz,
and 2,000 Hz with or without a hearing aid AGENCY: Federal Motor Carrier Safety from the public to better inform its
when the audiometric device is calibrated to Administration (FMCSA), DOT. rulemaking process. DOT posts these
American National Standard (formerly ASA comments, without edit, including any
ACTION: Notice of applications for
Standard) Z24.5–1951. personal information the commenter
exemption; request for comments. provides, to http://www.regulations.gov,
49 CFR 391.41(b)(11) was adopted in
1970, with a revision in 1971 to allow SUMMARY: FMCSA announces receipt of as described in the system of records
drivers to be qualified under this applications from 27 individuals for an notice (DOT/ALL–14 FDMS), which can
standard while wearing a hearing aid, exemption from the prohibition in the be reviewed at http://www.dot.gov/
35 FR 6458, 6463 (April 22, 1970) and Federal Motor Carrier Safety privacy.
36 FR 12857 (July 3, 1971). Regulations (FMCSRs) against persons FOR FURTHER INFORMATION CONTACT: Ms.
III. Discussion of Comments with insulin-treated diabetes mellitus Christine A. Hydock, Chief, Medical
(ITDM) operating a commercial motor Programs Division, (202) 366–4001,
FMCSA received no comments in vehicle (CMV) in interstate commerce. If fmcsamedical@dot.gov, FMCSA,
response to this preceding. granted, the exemptions would enable Department of Transportation, 1200
IV. Conclusion these individuals with ITDM to operate New Jersey Avenue SE., Room W64–
asabaliauskas on DSKBBXCHB2PROD with NOTICES
CMVs in interstate commerce. 224, Washington, DC 20590–0001.
Based upon its evaluation of the five
renewal exemption applications, DATES: Comments must be received on Office hours are 8:30 a.m. to 5 p.m., e.t.,
FMCSA announces its’ decision to or before November 13, 2017. Monday through Friday, except Federal
exempt the following drivers from the ADDRESSES: You may submit comments holidays. If you have questions
hearing requirement in 49 CFR 391.41 bearing the Federal Docket Management regarding viewing or submitting
(b)(11). System (FDMS) Docket No. FMCSA– material to the docket, contact Docket
As of June 10, 2017, and in 2017–0234 using any of the following Services, telephone (202) 366–9826.
accordance with 49 U.S.C. 31136(e) and methods: SUPPLEMENTARY INFORMATION:
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Document Created: 2018-10-25 09:58:30
Document Modified: 2018-10-25 09:58:30
| 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 June 10, 2017. The exemptions will expire on June 10, 2019. | |
| Contact | 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 47300 |
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