80_FR_40258 80 FR 40125 - Qualification of Drivers; Application for Exemptions; Hearing

80 FR 40125 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 133 (July 13, 2015)

Page Range40125-40127
FR Document2015-17024

FMCSA announces that 15 individuals have applied for a medical exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on these requests. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant theses requests after reviewing the public comments submitted in response to this notice, the exemptions would enable these 15 individuals to operate CMVs in interstate commerce.

Federal Register, Volume 80 Issue 133 (Monday, July 13, 2015)
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40125-40127]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17024]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0385]


Qualification of Drivers; Application for Exemptions; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that 15 individuals have applied for a medical 
exemption from the hearing requirement in the Federal Motor Carrier 
Safety Regulations (FMCSRs). In accordance with the statutory 
requirements concerning applications for exemptions, FMCSA requests 
public comments on these requests. The statute and implementing 
regulations concerning exemptions require that exemptions must provide 
an equivalent or greater level of safety than if they were not granted. 
If the Agency determines the exemptions would satisfy the statutory 
requirements and decides to grant theses requests after reviewing the 
public comments submitted in response to this notice, the exemptions 
would enable these 15 individuals to operate CMVs in interstate 
commerce.

DATES: Comments must be received on or before August 12, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA- 2014-0385 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line 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 or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE.,

[[Page 40126]]

Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket numbers 
for this notice. Note that all comments received will be posted without 
change to 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 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., ET, 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 on-line.
    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 records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Office of Carrier, Driver and Vehicle Safety, (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., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Motor Carrier Safety Administration has authority to 
grant exemptions from many of the Federal Motor Carrier Safety 
Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by 
Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA- 21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA 
has published in 49 CFR part 381, subpart C final rules implementing 
the statutory changes in its exemption procedures made by section 4007, 
69 FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart 
C, FMCSA must publish a notice of each exemption request in the Federal 
Register. The Agency must provide the public with an opportunity to 
inspect the information relevant to the application, including any 
safety analyses that have been conducted and any research reports, 
technical papers and other publications referenced in the application. 
The Agency must also provide an opportunity to submit public comment on 
the applications for exemption.
---------------------------------------------------------------------------

    \1\ This action adopted as final rules the interim final rules 
issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)), 
and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].
---------------------------------------------------------------------------

    The Agency reviews the safety analyses and the public comments and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to or greater than the level that would be 
achieved without the exemption. The decision of the Agency must be 
published in the Federal Register. If the Agency denies the request, it 
must state the reason for doing so. If the decision is to grant the 
exemption, the notice must specify the person or class of persons 
receiving the exemption and the regulatory provision or provisions from 
which an exemption is granted. The notice must also specify the 
effective period of the exemption (up to 2 years) and explain the terms 
and conditions of the exemption. The exemption may be renewed.

    The current provisions of the FMCSRs concerning hearing state 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.
49 CFR 391.41(b)(11). This standard 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).
    FMCSA also issues instructions for completing the medical 
examination report and includes advisory criteria on the report itself 
to provide guidance for medical examiners in applying the hearing 
standard. See 49 CFR 391.43(f). The current advisory criteria for the 
hearing standard include a reference to a report entitled ``Hearing 
Disorders and Commercial Motor Vehicle Drivers'' prepared for the 
Federal Highway Administration, FMCSA's predecessor, in 1993.\2\
---------------------------------------------------------------------------

    \2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm.
_____________________________________-

FMCSA Requests Comments on the Exemption Applications

    FMCSA requests comments from all interested parties on whether a 
driver who cannot meet the hearing standard should be permitted to 
operate a CMV in interstate commerce. Further, the Agency asks for 
comments on whether a driver who cannot meet the hearing standard 
should be limited to operating only certain types of vehicles in 
interstate commerce, for example, vehicles without air brakes. The 
statute and implementing regulations concerning exemptions require that 
the Agency request public comments on all applications for exemptions. 
The Agency is also required to make a determination that an exemption 
would likely achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent such exemption 
before granting any such requests.

Submitting Comments

    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 are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov and in the 
search box insert the docket number ``FMCSA-2014-0385'' and click the 
search button. When the new screen appears, click on the blue ``Comment 
Now!'' button on the right hand side of the page. On the new page, 
enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA

[[Page 40127]]

may issue a final rule at any time after the close of the comment 
period.

Viewing Comments and Documents

    To view comments, go to www.regulations.gov and in the search box 
insert the docket number ``FMCSA-2014-0385'' and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to the proposed rulemaking.

Information on Individual Applicants

Dean J. Bobis

    Mr. Bobis, 38, holds an operator's license in Arizona.

Keith A. Byrd

    Mr. Byrd, 52, holds an operator's license in New Jersey.

Jeffrey D. Cottom

    Mr. Cottom, 24, holds a class A CDL in Ohio.

Harold Richard Deavers

    Mr. Deavers, 56, holds a class B CDL in West Virginia.

Charles James Heikkinen

    Mr. Heikkinen, 34, holds a Chauffeur's license Michigan.

Emil Atanassov Iontchev

    Mr. Iontchev, 34, holds an operator's license in Illinois.

Amy Marie Ivins

    Ms. Ivins, 37, holds an operator's license in Nebraska.

William Kevin Jones

    Mr. Jones, 67, holds an operator's license in Minnesota.

Anthony Michael Maginity

    Mr. Maginity, 24, holds an operator's license in Iowa.

Jerrell M. McCrary

    Mr. McCrary, 50, holds an operator's license in North Carolina.

Frank P. Oakley, II

    Mr. Oakley, 46, holds an operator's license in Georgia.

David Antrez Presley

    Mr. Presley, 34, holds an operator's license in Georgia.

Patricia L. Stephens

    Ms. Stephens, 44, holds an operator's license in Nebraska.

Jason D. Swearington

    Mr. Swearington, 28, holds an operator's license in Texas.

Roderick B. Thomas

    Mr. Thomas, 50, holds a class A CDL in Georgia.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment from all interested persons on the exemption 
petitions described in this notice. The Agency will consider all 
comments received before the close of business August 12, 2015. 
Comments will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice. The Agency 
will file comments received after the comment closing date in the 
public docket, and will consider them to the extent practicable. In 
addition to late comments, FMCSA will also continue to file, in the 
public docket, relevant information that becomes available after the 
comment closing date. Interested persons should monitor the public 
docket for new material.

    Issued on: July 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-17024 Filed 7-10-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                    Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices                                                  40125

                                                    shows no crashes and no convictions for                  problems with continuing with his CDL                 have access to the Internet, you may
                                                    moving violations in a CMV.                              at this time. They amblyopia is                       view the docket online by visiting the
                                                                                                             longstanding and he has adjusted to it                Docket Management Facility in Room
                                                    Travis L. Watson
                                                                                                             extremely well.’’ Mr. Yoder reported                  W12–140 on the ground floor of the
                                                       Mr. Watson, 68, has had refractive                    that he has driven straight trucks for 13             DOT West Building, 1200 New Jersey
                                                    amblyopia in his right eye since                         years, accumulating 494,000 miles, and                Avenue SE., Washington, DC 20590,
                                                    childhood. The visual acuity in his right                tractor-trailer combinations for two                  between 9 a.m. and 5 p.m., e.t., Monday
                                                    eye is 20/70, and in his left eye, 20/20.                years, accumulating 156,000 miles. He                 through Friday, except Federal holidays.
                                                    Following an examination in 2015, his                    holds a Class A CDL from Ohio. His                      Issued on: June 24, 2015.
                                                    optometrist stated, ‘‘Mr. Watson has                     driving record for the last 3 years shows
                                                    sufficient vision to perform the driving                                                                       Larry W. Minor,
                                                                                                             no crashes and no convictions for
                                                    tasks to operate a commercial vehicle.’’                                                                       Associate Administrator for Policy.
                                                                                                             moving violations in a CMV.
                                                    Mr. Watson reported that he has driven                                                                         [FR Doc. 2015–17021 Filed 7–10–15; 8:45 am]
                                                    straight trucks for 45 years,                            III. Public Participation and Request for             BILLING CODE 4910–EX–P
                                                    accumulating 675,000 miles, and                          Comments
                                                    tractor-trailer combinations for 40 years,                  FMCSA encourages you to participate
                                                    accumulating 600,000 miles. He holds a                   by submitting comments and related                    DEPARTMENT OF TRANSPORTATION
                                                    Class A CDL from Tennessee. His                          materials.
                                                                                                                                                                   Federal Motor Carrier Safety
                                                    driving record for the last 3 years shows                Submitting Comments                                   Administration
                                                    no crashes and no convictions for
                                                    moving violations in a CMV.                                 If you submit a comment, please                    [Docket No. FMCSA–2014–0385]
                                                                                                             include the docket number for this
                                                    Bruce W. Williams                                        notice, indicate the specific section of              Qualification of Drivers; Application for
                                                       Mr. Williams, 49, has had amblyopia                   this document to which each comment                   Exemptions; Hearing
                                                    and a retinal detachment in his right eye                applies, and provide a reason for each
                                                                                                             suggestion or recommendation. You                     AGENCY: Federal Motor Carrier Safety
                                                    since childhood. The visual acuity in
                                                                                                             may submit your comments and                          Administration (FMCSA), DOT.
                                                    his right eye is 20/200, and in his left
                                                    eye, 20/20. Following an examination in                  material online or by fax, mail, or hand              ACTION: Notice of applications for
                                                    2015, his ophthalmologist stated, ‘‘Also                 delivery, but please use only one of                  exemptions; request for comments.
                                                    in my opinion, he does have sufficient                   these means. FMCSA recommends that                    SUMMARY:   FMCSA announces that 15
                                                    vision to perform the driving tasks                      you include your name and a mailing                   individuals have applied for a medical
                                                    required to operate a commercial                         address, an email address, or a phone                 exemption from the hearing requirement
                                                    vehicle.’’ Mr. Williams reported that he                 number in the body of your document                   in the Federal Motor Carrier Safety
                                                    has driven tractor-trailer combinations                  so the Agency can contact you if it has               Regulations (FMCSRs). In accordance
                                                    for 20 years, accumulating 200,000                       questions regarding your submission.                  with the statutory requirements
                                                    miles. He holds a Class AM CDL from                         To submit your comment online, go to
                                                                                                                                                                   concerning applications for exemptions,
                                                    Illinois. His driving record for the last                http://www.regulations.gov and put the
                                                                                                                                                                   FMCSA requests public comments on
                                                    3 years shows no crashes and no                          docket number FMCSA–2015–0053 in
                                                                                                                                                                   these requests. The statute and
                                                    convictions for moving violations in a                   the ‘‘Keyword’’ box, and click ‘‘Search.
                                                                                                                                                                   implementing regulations concerning
                                                    CMV.                                                     When the new screen appears, click on
                                                                                                                                                                   exemptions require that exemptions
                                                                                                             ‘‘Comment Now!’’ button and type your
                                                    Norman G. Wooten                                                                                               must provide an equivalent or greater
                                                                                                             comment into the text box in the
                                                       Mr. Wooten, 51, has had complete                                                                            level of safety than if they were not
                                                                                                             following screen. Choose whether you
                                                    loss of vision in his right eye since 2007                                                                     granted. If the Agency determines the
                                                                                                             are submitting your comment as an
                                                    due to cancer. The visual acuity in his                                                                        exemptions would satisfy the statutory
                                                                                                             individual or on behalf of a third party
                                                    right eye is no light perception, and in                                                                       requirements and decides to grant
                                                                                                             and then submit. . If you submit your
                                                    his left eye, 20/25. Following an                                                                              theses requests after reviewing the
                                                                                                             comments by mail or hand delivery,
                                                    examination in 2015, his optometrist                                                                           public comments submitted in response
                                                                                                             submit them in an unbound format, no
                                                    stated, ‘‘There is no reason Mr. Wooten                                                                        to this notice, the exemptions would
                                                                                                             larger than 81⁄2 by 11 inches, suitable for
                                                    should not be able to perform any visual                                                                       enable these 15 individuals to operate
                                                                                                             copying and electronic filing. If you
                                                    tasks to include operation of                                                                                  CMVs in interstate commerce.
                                                                                                             submit comments by mail and would
                                                    commercial vehicles.’’ Mr. Wooten                        like to know that they reached the                    DATES: Comments must be received on
                                                    reported that he has driven straight                     facility, please enclose a stamped, self-             or before August 12, 2015.
                                                    trucks for seven years, accumulating                     addressed postcard or envelope.                       ADDRESSES: You may submit comments
                                                    665,000 miles, and tractor-trailer                          FMCSA will consider all comments                   bearing the Federal Docket Management
                                                    combinations for 18 years, accumulating                  and material received during the                      System (FDMS) Docket No. FMCSA-
                                                    1.97 million miles. He holds a Class A                   comment period and may change this                    2014–0385 using any of the following
                                                    CDL from Texas. His driving record for                   notice based on your comments.                        methods:
                                                    the last 3 years shows no crashes and no                                                                         • Federal eRulemaking Portal: Go to
                                                                                                             Viewing Comments and Documents                        www.regulations.gov. Follow the on-line
                                                    convictions for moving violations in a
                                                                                                                To view comments, as well as                       instructions for submitting comments.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    CMV.
                                                                                                             documents mentioned in this preamble                    • Mail: Docket Management Facility;
                                                    Kurt A. Yoder                                            as being available in the docket, go to               U.S. Department of Transportation, 1200
                                                      Mr. Yoder, 40, has had amblyopia in                    http://www.regulations.gov and insert                 New Jersey Avenue SE., West Building
                                                    his right eye since childhood. The                       the docket number FMCSA–2015–0053                     Ground Floor, Room W12–140,
                                                    visual acuity in his right eye is 20/100,                in the ‘‘Keyword’’ box and click                      Washington, DC 20590–0001.
                                                    and in his left eye, 20/20. Following an                 ‘‘Search.’’ Next, click ‘‘Open Docket                   • Hand Delivery or Courier: West
                                                    examination in 2015, his optometrist                     Folder’’ button and choose the                        Building Ground Floor, Room W12–140,
                                                    stated, ‘‘Mr. Yoder should have no                       document listed to review. If you do not              1200 New Jersey Avenue SE.,


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                                                    40126                           Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices

                                                    Washington, DC, between 9 a.m. and 5                     rules in part 381, subpart C, FMCSA                   Administration, FMCSA’s predecessor,
                                                    p.m., ET, Monday through Friday,                         must publish a notice of each exemption               in 1993.2
                                                    except Federal Holidays.                                 request in the Federal Register. The
                                                                                                                                                                   FMCSA Requests Comments on the
                                                       • Fax: 1–202–493–2251.                                Agency must provide the public with an
                                                                                                                                                                   Exemption Applications
                                                       Each submission must include the                      opportunity to inspect the information
                                                    Agency name and the docket numbers                       relevant to the application, including                   FMCSA requests comments from all
                                                    for this notice. Note that all comments                  any safety analyses that have been                    interested parties on whether a driver
                                                    received will be posted without change                   conducted and any research reports,                   who cannot meet the hearing standard
                                                    to www.regulations.gov, including any                    technical papers and other publications               should be permitted to operate a CMV
                                                    personal information provided. Please                    referenced in the application. The                    in interstate commerce. Further, the
                                                    see the Privacy Act heading below for                    Agency must also provide an                           Agency asks for comments on whether
                                                    further information.                                     opportunity to submit public comment                  a driver who cannot meet the hearing
                                                       Docket: For access to the docket to                   on the applications for exemption.                    standard should be limited to operating
                                                    read background documents or                                The Agency reviews the safety                      only certain types of vehicles in
                                                    comments, go to www.regulations.gov at                   analyses and the public comments and                  interstate commerce, for example,
                                                    any time or Room W12–140 on the                          determines whether granting the                       vehicles without air brakes. The statute
                                                    ground level of the West Building, 1200                  exemption would likely achieve a level                and implementing regulations
                                                    New Jersey Avenue SE, Washington,                        of safety equivalent to or greater than               concerning exemptions require that the
                                                    DC, between 9 a.m. and 5 p.m., ET,                       the level that would be achieved                      Agency request public comments on all
                                                    Monday through Friday, except Federal                    without the exemption. The decision of                applications for exemptions. The
                                                    holidays. The FDMS is available 24                       the Agency must be published in the                   Agency is also required to make a
                                                    hours each day, 365 days each year. If                   Federal Register. If the Agency denies                determination that an exemption would
                                                    you want acknowledgment that we                          the request, it must state the reason for             likely achieve a level of safety that is
                                                    received your comments, please include                   doing so. If the decision is to grant the             equivalent to, or greater than, the level
                                                    a self-addressed, stamped envelope or                    exemption, the notice must specify the                that would be achieved absent such
                                                    postcard or print the acknowledgement                    person or class of persons receiving the              exemption before granting any such
                                                    page that appears after submitting                       exemption and the regulatory provision                requests.
                                                    comments on-line.                                        or provisions from which an exemption                 Submitting Comments
                                                       Privacy Act: In accordance with 5                     is granted. The notice must also specify
                                                    U.S.C. 553(c), DOT solicits comments                                                                              You may submit your comments and
                                                                                                             the effective period of the exemption
                                                    from the public to better inform its                                                                           material online or by fax, mail, or hand
                                                                                                             (up to 2 years) and explain the terms
                                                    rulemaking process. DOT posts these                                                                            delivery, but please use only one of
                                                                                                             and conditions of the exemption. The
                                                    comments, without edit, including any                                                                          these means. FMCSA recommends that
                                                                                                             exemption may be renewed.
                                                    personal information the commenter                                                                             you include your name and a mailing
                                                    provides, to www.regulations.gov, as                       The current provisions of the FMCSRs                address, an email address, or a phone
                                                    described in the system records notice                   concerning hearing state that a person is             number in the body of your document
                                                    (DOT/ALL–14 FDMS), which can be                          physically qualified to drive a CMV if                so that FMCSA can contact you if there
                                                    reviewed at www.dot.gov/privacy.                         that person                                           are questions regarding your
                                                                                                               First perceives a forced whispered voice in         submission.
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                             the better ear at not less than 5 feet with or           To submit your comment online, go to
                                                    Charles A. Horan, III, Director, Office of                                                                     www.regulations.gov and in the search
                                                                                                             without the use of a hearing aid or, if tested
                                                    Carrier, Driver and Vehicle Safety, (202)                                                                      box insert the docket number ‘‘FMCSA–
                                                                                                             by use of an audiometric device, does not
                                                    366–4001, fmcsamedical@dot.gov,                                                                                2014–0385’’ and click the search button.
                                                                                                             have an average hearing loss in the better ear
                                                    FMCSA, Department of Transportation,                                                                           When the new screen appears, click on
                                                                                                             greater than 40 decibels at 500 Hz, 1,000 Hz,
                                                    1200 New Jersey Avenue, SE., Room                        and 2,000 Hz with or without a hearing aid            the blue ‘‘Comment Now!’’ button on
                                                    W64–224, Washington, DC 20590–0001.                      when the audiometric device is calibrated to          the right hand side of the page. On the
                                                    Office hours are from 8:30 a.m. to 5                     American National Standard (formerly ASA              new page, enter information required
                                                    p.m., Monday through Friday, except                      Standard) Z24.5—1951.                                 including the specific section of this
                                                    Federal holidays.                                                                                              document to which each comment
                                                                                                             49 CFR 391.41(b)(11). This standard was
                                                    SUPPLEMENTARY INFORMATION:                                                                                     applies, and provide a reason for each
                                                                                                             adopted in 1970, with a revision in 1971
                                                    Background                                               to allow drivers to be qualified under                suggestion or recommendation. If you
                                                                                                             this standard while wearing a hearing                 submit your comments by mail or hand
                                                      The Federal Motor Carrier Safety                                                                             delivery, submit them in an unbound
                                                                                                             aid, 35 FR 6458, 6463 (April 22, 1970)
                                                    Administration has authority to grant                                                                          format, no larger than 81⁄2 by 11 inches,
                                                                                                             and 36 FR 12857 (July 3, 1971).
                                                    exemptions from many of the Federal                                                                            suitable for copying and electronic
                                                    Motor Carrier Safety Regulations                            FMCSA also issues instructions for
                                                                                                                                                                   filing. If you submit comments by mail
                                                    (FMCSRs) under 49 U.S.C. 31315 and                       completing the medical examination
                                                                                                                                                                   and would like to know that they
                                                    31136(e), as amended by Section 4007                     report and includes advisory criteria on
                                                                                                                                                                   reached the facility, please enclose a
                                                    of the Transportation Equity Act for the                 the report itself to provide guidance for
                                                                                                                                                                   stamped, self-addressed postcard or
                                                    21st Century (TEA- 21) (Pub. L. 105–                     medical examiners in applying the
                                                                                                                                                                   envelope.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    178, June 9, 1998, 112 Stat. 107, 401).                  hearing standard. See 49 CFR 391.43(f).
                                                                                                                                                                      We will consider all comments and
                                                    FMCSA has published in 49 CFR part                       The current advisory criteria for the
                                                                                                                                                                   material received during the comment
                                                    381, subpart C final rules implementing                  hearing standard include a reference to
                                                                                                                                                                   period and may change this proposed
                                                    the statutory changes in its exemption                   a report entitled ‘‘Hearing Disorders and
                                                                                                                                                                   rule based on your comments. FMCSA
                                                    procedures made by section 4007, 69 FR                   Commercial Motor Vehicle Drivers’’
                                                    51589 (August 20, 2004).1 Under the                      prepared for the Federal Highway                         2 This report is available on the FMCSA Web site

                                                                                                                                                                   at http://www.fmcsa.dot.gov/facts-research/
                                                       1 This action adopted as final rules the interim      (63 FR 67600 (Dec. 8, 2008)), and adopted by          research-technology/publications/medreport_
                                                    final rules issued by FMCSA’s predecessor in 1998        FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].           archives.htm.



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                                                                                    Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices                                            40127

                                                    may issue a final rule at any time after                 Roderick B. Thomas                                    examiner. If granted, the exemptions
                                                    the close of the comment period.                           Mr. Thomas, 50, holds a class A CDL                 would enable these individuals who
                                                                                                             in Georgia.                                           have had one or more seizures and are
                                                    Viewing Comments and Documents
                                                                                                                                                                   taking anti-seizure medication to
                                                       To view comments, go to                               Request for Comments                                  operate CMVs for up to 2 years in
                                                    www.regulations.gov and in the search                       In accordance with 49 U.S.C. 31136(e)              interstate commerce.
                                                    box insert the docket number ‘‘FMCSA–                    and 31315(b)(4), FMCSA requests public                DATES: Comments must be received on
                                                    2014–0385’’ and click ‘‘Search.’’ Next,                  comment from all interested persons on                or before August 12, 2015.
                                                    click ‘‘Open Docket Folder’’ and you                     the exemption petitions described in                  ADDRESSES: You may submit comments
                                                    will find all documents and comments                     this notice. The Agency will consider all             bearing the Federal Docket Management
                                                    related to the proposed rulemaking.                      comments received before the close of                 System (FDMS) Docket ID FMCSA–
                                                    Information on Individual Applicants                     business August 12, 2015. Comments                    2015–0116 using any of the following
                                                                                                             will be available for examination in the              methods:
                                                    Dean J. Bobis                                            docket at the location listed under the                  • Federal eRulemaking Portal: Go to
                                                       Mr. Bobis, 38, holds an operator’s                    ADDRESSES section of this notice. The                 www.regulations.gov. Follow the on-line
                                                    license in Arizona.                                      Agency will file comments received                    instructions for submitting comments.
                                                                                                             after the comment closing date in the                    • Mail: Docket Management Facility;
                                                    Keith A. Byrd                                            public docket, and will consider them to              U.S. Department of Transportation, 1200
                                                       Mr. Byrd, 52, holds an operator’s                     the extent practicable. In addition to late           New Jersey Avenue SE., West Building
                                                    license in New Jersey.                                   comments, FMCSA will also continue to                 Ground Floor, Room W12–140,
                                                                                                             file, in the public docket, relevant                  Washington, DC 20590–0001.
                                                    Jeffrey D. Cottom                                        information that becomes available after                 • Hand Delivery or Courier: West
                                                      Mr. Cottom, 24, holds a class A CDL                    the comment closing date. Interested                  Building Ground Floor, Room W12–140,
                                                    in Ohio.                                                 persons should monitor the public                     1200 New Jersey Avenue SE.,
                                                                                                             docket for new material.                              Washington, DC, between 9 a.m. and 5
                                                    Harold Richard Deavers                                                                                         p.m., Monday through Friday, except
                                                                                                               Issued on: July 1, 2015.
                                                      Mr. Deavers, 56, holds a class B CDL                   Larry W. Minor,
                                                                                                                                                                   Federal Holidays.
                                                    in West Virginia.                                                                                                 • Fax: 1–202–493–2251.
                                                                                                             Associate Administrator for Policy.
                                                                                                                                                                      Each submission must include the
                                                    Charles James Heikkinen                                  [FR Doc. 2015–17024 Filed 7–10–15; 8:45 am]           Agency name and the docket ID for this
                                                      Mr. Heikkinen, 34, holds a
                                                                                                             BILLING CODE 4910–EX–P                                Notice. Note that DOT posts all
                                                    Chauffeur’s license Michigan.                                                                                  comments received without change to
                                                                                                                                                                   www.regulations.gov, including any
                                                    Emil Atanassov Iontchev                                  DEPARTMENT OF TRANSPORTATION                          personal information included in a
                                                       Mr. Iontchev, 34, holds an operator’s                 Federal Motor Carrier Safety                          comment. Please see the Privacy Act
                                                    license in Illinois.                                     Administration                                        heading below.
                                                                                                                                                                      Docket: For access to the docket to
                                                    Amy Marie Ivins                                          [Docket No. FMCSA–2015–0116]                          read background documents or
                                                       Ms. Ivins, 37, holds an operator’s                                                                          comments, go to www.regulations.gov,
                                                                                                             Qualification of Drivers; Exemption                   at any time or Room W12–140 on the
                                                    license in Nebraska.
                                                                                                             Applications; Epilepsy and Seizure                    ground level of the West Building, 1200
                                                    William Kevin Jones                                      Disorders                                             New Jersey Avenue SE., Washington,
                                                       Mr. Jones, 67, holds an operator’s                    AGENCY: Federal Motor Carrier Safety                  DC, between 9 a.m. and 5 p.m., Monday
                                                    license in Minnesota.                                    Administration (FMCSA), DOT.                          through Friday, except Federal holidays.
                                                                                                             ACTION: Notice of applications for
                                                                                                                                                                   The FDMS is available 24 hours each
                                                    Anthony Michael Maginity                                                                                       day, 365 days each year. If you want
                                                                                                             exemptions; request for comments.
                                                       Mr. Maginity, 24, holds an operator’s                                                                       acknowledgment that we received your
                                                    license in Iowa.                                         SUMMARY:   FMCSA announces receipt of                 comments, please include a self-
                                                                                                             applications from 21 individuals for an               addressed, stamped envelope or
                                                    Jerrell M. McCrary                                       exemption from the prohibition against                postcard or print the acknowledgement
                                                       Mr. McCrary, 50, holds an operator’s                  persons with a clinical diagnosis of                  page that appears after submitting
                                                    license in North Carolina.                               epilepsy or any other condition that is               comments on-line.
                                                                                                             likely to cause a loss of consciousness                  Privacy Act: In accordance with 5
                                                    Frank P. Oakley, II                                      or any loss of ability to operate a                   U.S.C. 553(c), DOT solicits comments
                                                       Mr. Oakley, 46, holds an operator’s                   commercial motor vehicle (CMV) in                     from the public to better inform its
                                                    license in Georgia.                                      interstate commerce. The regulation and               rulemaking process. DOT posts these
                                                                                                             the associated advisory criteria                      comments, without edit, including any
                                                    David Antrez Presley                                     published in the Code of Federal                      personal information the commenter
                                                       Mr. Presley, 34, holds an operator’s                  Regulations as the ‘‘Instructions for                 provides, to www.regulations.gov, as
                                                    license in Georgia.                                      Performing and Recording Physical                     described in the system records notice
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                             Examinations’’ have resulted in                       (DOT/ALL–14 FDMS), which can be
                                                    Patricia L. Stephens                                                                                           reviewed at www.dot.gov/privacy.
                                                                                                             numerous drivers being prohibited from
                                                       Ms. Stephens, 44, holds an operator’s                 operating CMVs in interstate commerce                 FOR FURTHER INFORMATION CONTACT:
                                                    license in Nebraska.                                     based on the fact that they have had one              Charles A. Horan, III, Director, Office of
                                                                                                             or more seizures and are taking anti-                 Carrier, Driver and Vehicle Safety, (202)
                                                    Jason D. Swearington
                                                                                                             seizure medication, rather than an                    366–4001, or via email at
                                                      Mr. Swearington, 28, holds an                          individual analysis of their                          fmcsamedical@dot.gov, or by letter to
                                                    operator’s license in Texas.                             circumstances by a qualified medical                  FMCSA, Room W64–113, Department of


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Document Created: 2018-02-23 09:17:45
Document Modified: 2018-02-23 09:17:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemptions; request for comments.
DatesComments must be received on or before August 12, 2015.
ContactCharles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (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., Monday through Friday, except Federal holidays.
FR Citation80 FR 40125 

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