Qualification of Drivers; Exemption Applications; Hearing, 15552-15554 [2017-06181]
Download as PDF
<![CDATA[
15552
Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices
FAST Act
Section 5503 of the FAST Act (Pub. L.
114–94) (December 4, 2015) requires the
HHG Working Group to provide
recommendations to the Secretary of
Transportation, through the FMCSA
Administrator. The Working Group will
operate in accordance with the Federal
Advisory Committee Act (FACA). 5
U.S.C. App. 2.
As required by Section 5503 of the
FAST Act, the Working Group will
make recommendations in three areas
relating to ‘‘how to best convey to
consumers relevant information with
respect to the Federal laws concerning
the interstate transportation of
household goods by motor carrier.’’
Those areas are:
1. How to condense the FMCSA
‘‘Ready to Move ?’’ tips published in
April 2006 (FMCSA–ESA–03–005) into
a more consumer friendly format;
2. How best to use state-of-the-art
education techniques and technologies
(including how to optimize use of the
Internet as an educational tool); and
3. How to reduce and simplify the
paperwork required of motor carriers
and shippers in interstate
transportation.
Section 5503 mandates that the
Secretary of Transportation appoint a
Working Group that is comprised of (i)
individuals with expertise in consumer
affairs; (ii) educators with expertise in
how people learn most effectively; and
(iii) representatives of the FMCSA
regulated interstate HHG moving
industry.
On April 20, 2016, FMCSA solicited
applications and nominations of
interested persons to serve on the HHG
Working Group. Applications and
nominations were due on or before May
20, 2016 [81 FR 23354]. The HHG
Working Group met for the first time on
January 4–5, 2017.
The Working Group will terminate
one year after the date its
recommendations are submitted to the
Secretary of Transportation.
mstockstill on DSK3G9T082PROD with NOTICES
Meeting Information
Meetings will be open to the general
public, except as provided under FACA.
Notice of each meeting will be
published in the Federal Register at
least 15 calendar days prior to the date
of the meeting.
For the May 2–4, 2017, meeting, oral
comments from the public will be heard
from 10:00 a.m. to 11:00 a.m. on May 4,
2017. Should all public comments be
exhausted prior to the end of the
specified oral comment period, the
comment period will close.
VerDate Sep<11>2014
16:54 Mar 28, 2017
Jkt 241001
Issued on: March 23, 2017.
William A. Quade,
Associate Administrator for Enforcement.
[FR Doc. 2017–06185 Filed 3–28–17; 8:45 am]
BILLING CODE 4910–EX–P
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
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,
fmcsamedical@dot.gov, 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
https://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
SUMMARY:
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
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 https://
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 https://
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 selfaddressed, 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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://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
E:\FR\FM\29MRN1.SGM
29MRN1
Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices
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.
mstockstill on DSK3G9T082PROD with NOTICES
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
VerDate Sep<11>2014
16:54 Mar 28, 2017
Jkt 241001
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)
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
15553
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.
E:\FR\FM\29MRN1.SGM
29MRN1
15554
Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices
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.
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2016–0382]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
FMCSA announces its
decision to exempt 47 individuals from
its rule prohibiting persons with
insulin-treated diabetes mellitus (ITDM)
from operating commercial motor
vehicles (CMVs) in interstate commerce.
The exemptions enable these
VerDate Sep<11>2014
16:54 Mar 28, 2017
Jkt 241001
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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., 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 www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
II. Background
[FR Doc. 2017–06181 Filed 3–28–17; 8:45 am]
SUMMARY:
individuals to operate CMVs in
interstate commerce.
DATES: The exemptions were effective
on February 15, 2017. The exemptions
expire on February 15, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
113, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
On January 12, 2017, FMCSA
published a notice of receipt of Federal
diabetes exemption applications from
47 individuals and requested comments
from the public (82 FR 3845). The
public comment period closed on
February 13, 2017, and no comments
were received.
FMCSA has evaluated the eligibility
of the 47 applicants and determined that
granting the exemptions to these
individuals 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)(3).
Diabetes Mellitus and Driving
Experience of the Applicants
The Agency established the current
requirement for diabetes in 1970
because several risk studies indicated
that drivers with diabetes had a higher
rate of crash involvement than the
general population. The diabetes rule
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
provides that ‘‘A person is physically
qualified to drive a commercial motor
vehicle if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control’’ (49 CFR
391.41(b)(3)).
FMCSA established its diabetes
exemption program, based on the
Agency’s July 2000 study entitled ‘‘A
Report to Congress on the Feasibility of
a Program to Qualify Individuals with
Insulin-Treated Diabetes Mellitus to
Operate in Interstate Commerce as
Directed by the Transportation Act for
the 21st Century.’’ The report concluded
that a safe and practicable protocol to
allow some drivers with ITDM to
operate CMVs is feasible. The
September 3, 2003 (68 FR 52441),
Federal Register notice in conjunction
with the November 8, 2005 (70 FR
67777), Federal Register notice provides
the current protocol for allowing such
drivers to operate CMVs in interstate
commerce.
These 47 applicants have had ITDM
over a range of 1 to 41 years. These
applicants report no severe
hypoglycemic reactions resulting in loss
of consciousness or seizure, requiring
the assistance of another person, or
resulting in impaired cognitive function
that occurred without warning
symptoms, in the past 12 months and no
recurrent (2 or more) severe
hypoglycemic episodes in the past 5
years. In each case, an endocrinologist
verified that the driver has
demonstrated a willingness to properly
monitor and manage his/her diabetes
mellitus, received education related to
diabetes management, and is on a stable
insulin regimen. These drivers report no
other disqualifying conditions,
including diabetes-related
complications. Each meets the vision
requirement at 49 CFR 391.41(b)(10).
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the January
12, 2017, Federal Register notice and
they will not be repeated in this notice.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes requirement in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
E:\FR\FM\29MRN1.SGM
29MRN1
]]>Agencies
[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15552-15554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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, fmcsamedical@dot.gov, 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 https://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 https://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 https://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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://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
