Qualification of Drivers; Exemption Applications; Hearing, 46607-46608 [2017-21455]

Download as PDF Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices Division, U.S. Department of Transportation, Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Telephone: 202–366–8045; email monique.riddick@dot.gov. SUPPLEMENTARY INFORMATION: For FMCSA’s notice published on August 16, 2017, (82 FR 38989), the following corrections are made: In column three of page 38988, in the Summary paragraph, the last sentence should read ‘‘The reinstatement of this ICR is necessary to support FMCSA’s responsibility to ensure consumer protection in the transportation of household goods (HHG).’’ In column one of page 38989, add the following sentence to be the first sentence in the BACKGROUND section: ‘‘The reinstatement of this ICR is necessary to support the requirements of subpart B of 49 CFR part 371 and FMCSA’s responsibility to ensure consumer protection in the transportation of household goods (HHG).’’ In column two of page 38989, the paragraph that begins ‘‘With this renewal’’ should read: With this renewal, FMCSA makes a change to the annual burden hours associated with this ICR. There is a reduction of 19,522 annual burden hours due to the removal of 1,000 burden-hours associated with new entrant household goods brokers setting up a separate accounting system to comply with 49 CFR 371.13. FMCSA no longer believes the inclusion of such burden hours is necessary as such usual and customary actions to comply with regulatory requirements do not need to be included in burden calculations. Further, the number of burden hours is reduced due to a reduced estimate of the number of HHG brokers that are impacted by this information collection. Issued on: September 27, 2017. Kelly Regal, Associate Administrator, Office of Research and Information Technology. [FR Doc. 2017–21454 Filed 10–4–17; 8:45 am] BILLING CODE 4910–EX–P ACTION: Notice of final disposition. 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, 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. SUPPLEMENTARY INFORMATION: SUMMARY: 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., 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 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. II. Background Federal Motor Carrier Safety Administration ethrower on DSK3G9T082PROD with NOTICES DEPARTMENT OF TRANSPORTATION 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. [Docket No. FMCSA–2012–0123; FMCSA– 2014–0124] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 46607 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 E:\FR\FM\05OCN1.SGM 05OCN1 46608 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 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 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2012–0033] Notice of Intent To Grant a Buy America Waiver to the City of Raleigh To Use Certain Non-Domestic Components of a Fire Alarm System Federal Railroad Administration (FRA), United States Department of Transportation (DOT). ACTION: Notice of intent to grant Buy America waiver. AGENCY: FRA is issuing this notice to advise the public it intends to grant the City of Raleigh (City) a waiver from FRA’s Buy America requirement to use certain non-domestic components of a fire alarm system Code Electric, Inc. provided for the Raleigh Union Station project, in partnership with the North Carolina Department of Transportation (NCDOT). Code Electric, Inc. is an electrical contractor for the Raleigh Union Station project. DATES: Written comments on FRA’s determination to grant a Buy America waiver to the City should be provided to the FRA on or before October 12, 2017. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FRA–2012–0033. All electronic submissions must be made to the U.S. Government electronic site at https://www.regulations.gov. SUMMARY: Commenters should follow the instructions below for mailed and handdelivered comments: (1) Web site: https:// www.regulations.gov. Follow the instructions for submitting comments on the U.S. Government electronic docket site; (2) Fax: (202) 493–2251; (3) Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M–30, Room W12–140, Washington, DC 20590–0001; or (4) Hand Delivery: Room W12–140 on the first floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must reference the ‘‘Federal Railroad Administration’’ and include docket number FRA–2012–0033. Due to security procedures in effect since October 2001, mail received through the U.S. Postal Service may be subject to delays. Parties submitting responses to this notice should consider using an express mail firm to ensure the prompt filing of any submissions not filed electronically or by hand. Note that all submissions received, including any personal information therein, will be posted without change or alteration to https://www.regulations.gov. For more information, you may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or visit https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. John Johnson, Attorney-Advisor, FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590, (202) 493–0078, John.Johnson@dot.gov. SUPPLEMENTARY INFORMATION: FRA provided information on its reasons for granting this waiver in a letter to the City of Raleigh, quoted below: Mr. Richard L. Kelly ethrower on DSK3G9T082PROD with NOTICES Description Quantity Addressable Pull Station ............................................... Duct Sensor Housing .................................................... Remote Test Station ..................................................... Sampling Tube 73″, Plastic .......................................... Relay IAM ..................................................................... Addressable Module Flush Cover ................................ Indoor/Outdoor Surface Back Box ................................ Speaker Low Profile Ceiling Mount .............................. Supervised IAM ............................................................. IAM Bracket .................................................................. The total cost of the fire alarm system is less than $30,000, and the total cost of the VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 Description 15 6 6 6 6 6 8 9 22 22 Addressable Module Flush Cover ............................... Overvoltage Suppressor .............................................. Relay IAM .................................................................... Addressable Module Flush Cover ............................... Relay Id NET 2 IAM W/T Sense ................................. 10 AH Battery .............................................................. Address Module Isolator .............................................. Addressable Module Flush Cover ............................... 50 AH Battery .............................................................. Laptop .......................................................................... non-U.S. manufactured components is less than $10,000. PO 00000 Frm 00133 Engineering Services Director City of Raleigh One Exchange Plaza 219 Fayetteville Street, Suite 801 Raleigh, NC 27601 Re: Request for Waiver of Buy America Requirement Dear Mr. Kelly: On September 23, 2016, Code Electric, Inc. requested a waiver from the Federal Railroad Administration’s (FRA) Buy America requirement (49 U.S.C. 24405(a)) to use certain components of a fire alarm system, which cannot be sourced in the United States, in the Raleigh Union Station project (Project). The Project is for construction of a passenger train station in downtown Raleigh that will replace the existing Amtrak station. The City of Raleigh (City), through its contractor, awarded Code Electric, Inc. the electrical construction sub-contract for the Project. The $90 million project is funded in part by two Transportation Infrastructure Generating Economic Recovery grants of $26.5 million from Fiscal Year (FY) 2012 and $11.5 million from FY 2013 to the City, and $15 million from a $520 million American Recovery and Reinvestment Act of 2009 grant to the North Carolina Department of Transportation. FRA is providing its decision on the waiver to the City as the FRA grant recipient for this Project. The Project is subject to 49 U.S.C. 24405(a)(1). Section 24405(a)(1) requires the steel, iron, and manufactured goods used in a project to be produced in the United States. FRA may waive the Buy America requirements if FRA finds that: (1) Applying the requirements would be inconsistent with the public interest; (2) the steel, iron, and goods manufactured in the United States are not produced in sufficient and reasonably available amounts or are not of a satisfactory quality; (3) rolling stock or power train equipment cannot be bought or delivered to the United States within a reasonable time; or (4) including domestic material will increase the cost of the overall project by more than 25 percent. For the reasons stated in this letter, FRA grants a ‘‘non-availability’’ Buy America waiver. This waiver applies only to this Project. Code Electric seeks a waiver for the following components (Components) for use in the Project: Fmt 4703 Sfmt 4703 Quantity 22 1 13 13 1 2 10 10 4 1 Code Electric asserts the following facts in support of the waiver request: E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46607-46608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21455]


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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.

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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, 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.

SUPPLEMENTARY INFORMATION: 

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., 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 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.

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

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