Qualification of Drivers; Exemption Applications; Hearing, 69819-69820 [2019-27371]

Download as PDF Federal Register / Vol. 84, No. 244 / Thursday, December 19, 2019 / Notices should be deferred until the driver has recovered fully from that condition, has no existing residual complications, and is not taking anti-seizure medication. Drivers who have a history of epilepsy/seizures, off anti-seizure medication and seizure-free for 10 years, may be qualified to operate a CMV in interstate commerce. Interstate drivers with a history of a single unprovoked seizure may be qualified to drive a CMV in interstate commerce if seizure-free and off anti-seizure medication for a 5year period or more. As a result of MEs misinterpreting advisory criteria as regulation, numerous drivers have been prohibited from operating a CMV in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified ME based on the physical qualification standards and medical best practices. On January 15, 2013, FMCSA announced in a Notice of Final Disposition titled, ‘‘Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders,’’ (78 FR 3069), its decision to grant requests from 22 individuals for exemptions from the regulatory requirement that interstate CMV drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ Since that time, the Agency has published additional notices granting requests from individuals for exemptions from the regulatory requirement regarding epilepsy found in § 391.41(b)(8). To be considered for an exemption from the epilepsy and seizure disorders prohibition in § 391.41(b)(8), applicants must meet the criteria in the 2007 recommendations of the Agency’s Medical Expert Panel (78 FR 3069). medication with the dosage and frequency remaining the same since 2004. His physician states that he is supportive of Mr. Corino receiving an exemption. III. Qualifications of Applicants Mr. Totten is a 50 year-old class A, M CDL holder in Kansas. He has a history of seizure disorder and has been seizure free since 2005. He takes anti-seizure medication with the dosage and frequency remaining the same since February 2009. His physician states that he is supportive of Mr. Totten receiving an exemption. lotter on DSKBCFDHB2PROD with NOTICES Daniel Bretz Jr. Mr. Bretz is a 44 year-old class C driver in Pennsylvania. He has a history of seizure disorder and has been seizure free since 2011. He takes anti-seizure medication with the dosage and frequency remaining the same since April 2012. His physician states that he is supportive of Mr. Bretz receiving an exemption. Frank Corino Mr. Corino is a 43 year-old class D driver in New Jersey. He has a history of seizure disorder and has been seizure free since 2004. He takes anti-seizure VerDate Sep<11>2014 19:13 Dec 18, 2019 Jkt 250001 Darlene Michael Ms. Michael is a 64 year-old class B Commercial Learner’s Permit driver in Missouri. She has a history of seizure disorder and has been seizure free since 2011. She takes anti-seizure medication with the dosage and frequency remaining the same since 2012. Her physician states that he is supportive of Ms. Michael receiving an exemption. Sonja Morgan Pagagrong Newsome Ms. Newsome is a 51 year-old class C driver in California. She has a history of seizure disorder and has been seizure free since 2009. She takes anti-seizure medication with the dosage and frequency remaining the same since 2015. Her physician states that he is supportive of Ms. Newsome receiving an exemption. Matthew Scarlata Mr. Scarlata is a 30 year-old class D driver in New York. He has a history of epilepsy and has been seizure free since 2005. He takes anti-seizure medication with the dosage and frequency remaining the same since 2016. His physician states that he is supportive of Mr. Scarlata receiving an exemption. Jeffrey Totten Michael Vitch Mr. Vitch is a 49 year-old class A CDL holder in Mississippi. He has a history of epilepsy and has been seizure free since 2003. He takes anti-seizure medication with the dosage and frequency remaining the same since 2005. His physician states that he is Frm 00100 Fmt 4703 supportive of Mr. Vitch receiving an exemption. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated under the DATES section of the notice. Issued on: December 12, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–27374 Filed 12–18–19; 8:45 am] BILLING CODE 4910–EX–P Ms. Morgan is a 41 year-old class C driver in North Carolina. She has a history of epilepsy and has been seizure free since 2008. She takes anti-seizure medication with the dosage and frequency remaining the same since 2008. Her physician states that he is supportive of Ms. Morgan receiving an exemption. PO 00000 69819 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0384; FMCSA– 2015–0326] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: 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 June 10, 2019. The exemptions expire on June 10, 2021. 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., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Participation A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to https://www.regulations.gov/ docket?D=FMCSA-2014-0384 or https:// E:\FR\FM\19DEN1.SGM 19DEN1 69820 Federal Register / Vol. 84, No. 244 / Thursday, December 19, 2019 / Notices www.regulations.gov/docket?D=FMCSA2015-0326 and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Operations in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. B. 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. lotter on DSKBCFDHB2PROD with NOTICES II. Background On August 28, 2019, FMCSA published a notice announcing its decision to renew exemptions for four 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 (84 FR 45203). The public comment period ended on September 27, 2019, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing exemptions for three of the individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(11). The fourth individual was Mr. Thomas Carr whose name was published twice in error. The physical qualification standard for drivers regarding hearing found in § 391.41(b)(11) states that a person is physically qualified to drive a CMV if that person first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. This standard was adopted in 1970 and was revised 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). VerDate Sep<11>2014 19:13 Dec 18, 2019 Jkt 250001 III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based upon its evaluation of the three renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41(b)(11). As of June 10, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following three individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (84 FR 45203): Robert Dale Brunett (OK); Thomas M. Carr (PA); Jeffrey Webber (OK) FMCSA is making a technical amendment for Mr. Thomas M. Carr whose name was published twice in the notice for comment in error. The drivers were included in docket number FMCSA–2014–0384 and FMCSA–2015–0326. Their exemptions are applicable as of June 10, 2019, and will expire on June 10, 2021. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 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(e) and 31315(b). Issued on: December 12, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–27371 Filed 12–18–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION [Docket No. FMCSA–2019–0111] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from 17 individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 I. Public Participation A. Submitting Comments Federal Motor Carrier Safety Administration SUMMARY: Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before January 21, 2020. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2019–0111 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov/ docket?D=FMCSA-2019-0011. Follow the online instructions for submitting comments. • Mail: Docket Operations; 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., ET, Monday through Friday, except Federal Holidays. • Fax: (202) 493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. 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 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2019–0111), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Notices]
[Pages 69819-69820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27371]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0384; FMCSA-2015-0326]


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 June 10, 2019. The exemptions 
expire on June 10, 2021.

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., 
ET, Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to https://www.regulations.gov/docket?D=FMCSA-2014-0384 or https://

[[Page 69820]]

www.regulations.gov/docket?D=FMCSA-2015-0326 and choose the document to 
review. If you do not have access to the internet, you may view the 
docket online by visiting the Docket Operations in Room W12-140 on the 
ground floor of the DOT West Building, 1200 New Jersey Avenue SE, 
Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through 
Friday, except Federal holidays.

B. 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

    On August 28, 2019, FMCSA published a notice announcing its 
decision to renew exemptions for four 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 (84 FR 45203). The 
public comment period ended on September 27, 2019, and no comments were 
received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing exemptions for three of the individuals would 
achieve a level of safety equivalent to, or greater than, the level 
that would be achieved by complying with Sec.  391.41(b)(11). The 
fourth individual was Mr. Thomas Carr whose name was published twice in 
error.
    The physical qualification standard for drivers regarding hearing 
found in Sec.  391.41(b)(11) states that a person is physically 
qualified to drive a CMV if that person first perceives a forced 
whispered voice in the better ear at not less than 5 feet with or 
without the use of a hearing aid or, if tested by use of an audiometric 
device, does not have an average hearing loss in the better ear greater 
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a 
hearing aid when the audiometric device is calibrated to American 
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised 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 this proceeding.

IV. Conclusion

    Based upon its evaluation of the three renewal exemption 
applications, FMCSA announces its decision to exempt the following 
drivers from the hearing requirement in Sec.  391.41(b)(11).
    As of June 10, 2019, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (84 FR 45203):

Robert Dale Brunett (OK); Thomas M. Carr (PA); Jeffrey Webber (OK)

    FMCSA is making a technical amendment for Mr. Thomas M. Carr whose 
name was published twice in the notice for comment in error.
    The drivers were included in docket number FMCSA-2014-0384 and 
FMCSA-2015-0326. Their exemptions are applicable as of June 10, 2019, 
and will expire on June 10, 2021.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 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(e) and 
31315(b).

    Issued on: December 12, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-27371 Filed 12-18-19; 8:45 am]
BILLING CODE 4910-EX-P

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