80 FR 48394 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range		48394-48396
FR Document		2015-19796

FMCSA announces that 13 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 13 individuals to operate CMVs in interstate commerce.

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015)

[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48394-48396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19796]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA- 2014-0386]


Qualification of Drivers; Application for Exemptions; Hearing

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

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

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SUMMARY: FMCSA announces that 13 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 13 individuals to operate CMVs in interstate 
commerce.

DATES: Comments must be received on or before September 11, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA- 2014-0386 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., 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

[[Page 48395]]

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.
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    \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)].
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    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\
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    \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-2014-0386'' 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 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-2014-0386'' 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

Daniel Alcozer

    Mr. Alcozer, 35, holds an operator's license in Illinois.

Roy Ernest Bowers

    Mr. Bowers, 59, holds a class A CDL in Georgia.

Jeffrey R. Emmell

    Mr. Emmell, 41, holds an operator's license in Pennsylvania.

Jan Nielsen Epitacio

    Mr. Epitacio, 34, holds an operator's license in California.

Andres Lopez Flores

    Mr. Flores, 35, holds an operator's license in Texas.

Roland Dean Ingram

    Mr. Ingram, 32, holds an operator's license in Texas.

[[Page 48396]]

Kelvin Lireco Jones

    Mr. Jones, 39, holds an operator's license in Washington.

Jerry Lee Lewis

    Mr. Lewis, 46, holds a class A CDL in North Carolina.

Tommy Lee Lynn Jr.

    Mr. Lynn, 44, holds an operator's license in Arizona.

Kenneth Anthony Oliver

    Mr. Oliver, 59, holds an operator's license in Texas.

Casey Wayne Patrick

    Mr. Patrick, 30, holds an operator's license in Washington.

Eduwin Pineiro

    Mr. Pineiro, 46, holds an operator's license in New Jersey.

Rodney Shane Wilkerson

    Mr. Wilkerson, 38, holds a class A CDL in Alabama.

 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 September 11, 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 28, 2015.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-19796 Filed 8-11-15; 8:45 am]
 BILLING CODE 4910-EX-P

48394 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

V. Conditions and Requirements John T. Murchison, Jr. (TN) with the statutory requirements
The terms and conditions of the Axel J. M. Murphy (MN) concerning applications for exemptions,
exemption will be provided to the Charles M. Naylis (PA) FMCSA requests public comments on
applicants in the exemption document Craig J. Nelson (IL) these requests. The statute and
and they include the following: (1) That Richard A. Nigro (NJ) implementing regulations concerning
each individual submit a quarterly Thomas S. O’Brien (TX) exemptions require that exemptions
monitoring checklist completed by the Paul T. Ozbun (OK) must provide an equivalent or greater
Modesto F. Pedote (NY) level of safety than if they were not
treating endocrinologist as well as an
David M. Pomeroy (IA) granted. If the Agency determines the
annual checklist with a comprehensive
Matthew C. Preston (KY) exemptions would satisfy the statutory
medical evaluation; (2) that each
Anthony A. Rachuy (MN) requirements and decides to grant
individual reports within 2 business
Joseph C. Richards (MD) theses requests after reviewing the
days of occurrence, all episodes of
Dwight B. Richardson (TX) public comments submitted in response
severe hypoglycemia, significant
James C. Rocco (NJ) to this notice, the exemptions would
complications, or inability to manage
Daniel A. Ryan (MN) enable these 13 individuals to operate
diabetes; also, any involvement in an
Patrick J. Severance (NY) CMVs in interstate commerce.
accident or any other adverse event in
Timothy F. Showers (WI) DATES: Comments must be received on
a CMV or personal vehicle, whether or
James A. Smit (MN) or before September 11, 2015.
not it is related to an episode of
John W. Smith (MT) ADDRESSES: You may submit comments
hypoglycemia; (3) that each individual
Roland Thenor (NY) bearing the Federal Docket Management
provide a copy of the ophthalmologist’s
Billy L. Wagner (IL) System (FDMS) Docket No. FMCSA–
or optometrist’s report to the medical
Steven L. Wear (ND) 2014–0386 using any of the following
examiner at the time of the annual
Jeffrey S. Wilkinson (IN) methods:
medical examination; and (4) that each
James T. Young (MI) • Federal eRulemaking Portal: Go to
individual provide a copy of the annual
David J. Zelhart (IL) www.regulations.gov. Follow the on-line
medical certification to the employer for
retention in the driver’s qualification In accordance with 49 U.S.C. 31136(e) instructions for submitting comments.
file, or keep a copy in his/her driver’s and 31315 each exemption is valid for • Mail: Docket Management Facility;
qualification file if he/she is self- two years unless revoked earlier by U.S. Department of Transportation, 1200
employed. The driver must also have a FMCSA. The exemption will be revoked New Jersey Avenue SE., West Building
copy of the certification when driving, if the following occurs: (1) The person Ground Floor, Room W12–140,
for presentation to a duly authorized fails to comply with the terms and Washington, DC 20590–0001.
Federal, State, or local enforcement conditions of the exemption; (2) the • Hand Delivery or Courier: West
official. exemption has resulted in a lower level Building Ground Floor, Room W12–140,
of safety than was maintained before it 1200 New Jersey Avenue SE.,
VI. Conclusion was granted; or (3) continuation of the Washington, DC, between 9 a.m. and 5
Based upon its evaluation of the 51 exemption would not be consistent with p.m., ET, Monday through Friday,
exemption applications, FMCSA the goals and objectives of 49 U.S.C. except Federal Holidays.
exempts the following drivers from the 31136(e) and 31315. If the exemption is • Fax: 1–202–493–2251.
diabetes requirement in 49 CFR still effective at the end of the 2-year Each submission must include the
391.41(b)(10), subject to the period, the person may apply to FMCSA Agency name and the docket numbers
requirements cited above 949 CFR for a renewal under procedures in effect for this notice. Note that all comments
391.64(b)): at that time. received will be posted without change
Timothy G. Baker (NE) Issued on: August 6, 2015. to www.regulations.gov, including any
Daniel E. Benes (WI) Larry W. Minor, personal information provided. Please
William E. Blake (TX) Associate Administrator for Policy. see the Privacy Act heading below for
Thomas M. Burns (NJ) further information.
[FR Doc. 2015–19793 Filed 8–11–15; 8:45 am]
George W. Cahall (DE) Docket: For access to the docket to
BILLING CODE 4910–EX–P
John T. Curry (TN) read background documents or
Willie D. Davis (IL) comments, go to www.regulations.gov at
Alan E. Dean (NE) DEPARTMENT OF TRANSPORTATION any time or Room W12–140 on the
Christopher A. DiCioccio (CT) ground level of the West Building, 1200
Johnny L. Emory (KS) Federal Motor Carrier Safety New Jersey Avenue SE., Washington,
Ike Gibbs (CA) Administration DC, between 9 a.m. and 5 p.m., ET,
Jospeh Gipson (KS) Monday through Friday, except Federal
[Docket No. FMCSA– 2014–0386] holidays. The FDMS is available 24
Juan Gomez Jr. (IA)
George A. Gross (NY) hours each day, 365 days each year. If
Qualification of Drivers; Application for
Herman L. Hall (NJ) you want acknowledgment that we
Exemptions; Hearing
Grover D. Johnson (NY) received your comments, please include
Bruce E. Johnston (CO) AGENCY: Federal Motor Carrier Safety a self-addressed, stamped envelope or
Francis D. Judd (MA) Administration (FMCSA), DOT. postcard or print the acknowledgement
mstockstill on DSK4VPTVN1PROD with NOTICES

William J. Kaszubski (IL) ACTION: Notice of applications for page that appears after submitting
George S. Kean (NH) exemptions; request for comments. comments on-line.
Jeffrey K. Lageson (MN) Privacy Act: In accordance with 5
Yehuda Lauber (NY) SUMMARY: FMCSA announces that 13 U.S.C. 553(c), DOT solicits comments
Rickie D. Leonard (WA) individuals have applied for a medical from the public to better inform its
Travis R. Mendenhall (OH) exemption from the hearing requirement rulemaking process. DOT posts these
Danny R. Middlebrooks (GA) in the Federal Motor Carrier Safety comments, without edit, including any
Kyle A. Mininger (AL) Regulations (FMCSRs). In accordance personal information the commenter

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Document Created: 2016-09-27 22:26:47
Document Modified: 2016-09-27 22:26:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of applications for exemptions; request for comments.
Dates		Comments must be received on or before September 11, 2015.
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.
FR Citation		80 FR 48394

80 FR 48394 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration