80 FR 70289 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 219 (November 13, 2015)

Page Range		70289-70291
FR Document		2015-28902

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 219 (Friday, November 13, 2015)

[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Notices]
[Pages 70289-70291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28902]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0326]


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 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 December 14, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0326 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 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: 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

[[Page 70290]]

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-2015-0326'' 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-2015-0326'' 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

Mebrahtu G. Abai

    Mr. Abai, 59, holds an operator's license in California.

Tonya Lee Bland

    Ms. Bland, 45, holds an operator's license in Maryland.

Robert Dale Burnett

    Mr. Burnett, 59, holds an operator's license in California.

Jackson Paul Cummins

    Mr. Cummins, 32, holds an operator's license in California.

Jerry Merland Doose

    Mr. Doose, 59, holds a class A CDL in Minnesota.

Tiffany Ann Drumel

    Ms. Drumel, 51, holds an operator's license in California.

Raoof Hayes

    Mr. Hayes, 38, holds an operator's license in Massachusetts.

Donald G. Howton, Jr.

    Mr. Howton, 51, holds an operator's license in Alabama.

Michael A. Murrah,

    Mr. Murrah, 31, holds an operator's license in Georgia.

[[Page 70291]]

Nicholas A. Nugent

    Mr. Nugent, 34, holds an operator's license in Louisiana.

Javier Posada

    Mr. Posada, 27, holds an operator's license in Florida.

D'Nielle V. Smith

    Ms. Smith, 32, holds an operator's license in Ohio.

John C. Taylor

    Mr. Taylor, 57, holds an operator's license in Illinois.

Ramarr James Wadley

    Mr. Wadley, 36, holds an operator's license in Virginia.

Joseph Albert Woodle, Jr.

    Mr. Woodle, 48, holds an operator's license 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 December 14, 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: October 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-28902 Filed 11-12-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Notices 70289

letters could be a problem and implementing the Federal-aid highway public comments submitted in response
recommended that FHWA streamline program in cooperation with the States to this notice, the exemptions would
the process to bring new MASH and local government. Therefore, FHWA enable these 15 individuals to operate
products to market. There was also relies on its relationships with State CMVs in interstate commerce.
concern about States’ delay in adding DOTs to ensure roadside hardware DATES: Comments must be received on
devices to Qualified Products List. satisfies crash test criteria. The FHWA or before December 14, 2015.
Although FHWA recognizes the has established strong guidelines and ADDRESSES: You may submit comments
commenters’ interest in these subjects, policies in order to encourage all State bearing the Federal Docket Management
these are issues outside the scope of this DOTs to use roadside safety hardware System (FDMS) Docket No. FMCSA–
notice and request for comment. The that has successfully met the applicable 2015–0326 using any of the following
FHWA is currently working with crash test criteria. methods:
AASHTO to develop an update to the In an effort to facilitate the • Federal eRulemaking Portal: Go to
MASH 2009 Implementation Plan. The implementation of the MASH, FHWA www.regulations.gov. Follow the on-line
FHWA will continue to work on intends to discontinue issuing eligibility instructions for submitting comments.
streamlining the process to seek letters for requests received after • Mail: Docket Management Facility;
Federal-aid eligibility for MASH tested December 31, 2015, for modified U.S. Department of Transportation, 1200
devices. Finally, the General Material NCHRP 350-tested devices that do not New Jersey Avenue SE., West Building
Requirements in 23 CFR 635.411 involve full scale crash testing to the Ground Floor, Room W12–140,
permits a State to specify sole-source MASH. Modifications to NCHRP 350- Washington, DC 20590–0001.
products if it certifies that no equally tested devices that have, in the past, • Hand Delivery or Courier: West
suitable alternate exists. been based on engineering analysis or Building Ground Floor, Room W12–140,
Another commenter suggested that finite element modeling will no longer 1200 New Jersey Avenue SE.,
FHWA eliminate ‘‘approvals’’ based on receive FHWA eligibility letters. Washington, DC, between 9 a.m. and 5
engineering analysis or finite element Effective January 1, 2016, all changes to p.m., ET, Monday through Friday,
analysis. Although FHWA recognizes NCHRP 350-tested devices will require except Federal Holidays.
the commenters’ interest in this subject, testing under MASH in order to receive • Fax: 1–202–493–2251.
this is an issue outside the scope of this a Federal-aid eligibility letter from Each submission must include the
notice and request for comment. FHWA. Agency name and the docket numbers
However, FHWA would like to clarify
Authority: 23 U.S.C. 148 and 315. for this notice. Note that all comments
that the agency does not have the
received will be posted without change
authority to ‘‘approve’’ safety hardware. Dated: October 28, 2015.
to www.regulations.gov, including any
Approval, installation and maintenance Gregory G. Nadeau,
personal information provided. Please
of safety devices on Federal-aid projects Administrator, Federal Highway see the Privacy Act heading below for
is a State responsibility. Administration.
One commenter stated that FHWA further information.
[FR Doc. 2015–28753 Filed 11–12–15; 8:45 am] Docket: For access to the docket to
should prohibit conflict of interest
between labs and manufacturers.
BILLING CODE 4910–22–P read background documents or
Although FHWA recognizes the comments, go to www.regulations.gov at
commenters’ interest in this subject, this any time or Room W12–140 on the
DEPARTMENT OF TRANSPORTATION ground level of the West Building, 1200
is an issue outside the scope of this
notice and request for comment. The Federal Motor Carrier Safety New Jersey Avenue SE., Washington,
FHWA only issues Federal-aid Administration DC, between 9 a.m. and 5 p.m., ET,
eligibility letters for roadside hardware Monday through Friday, except Federal
[Docket No. FMCSA–2015–0326] holidays. The FDMS is available 24
devices that have been crash tested at
accredited laboratory facilities, pursuant hours each day, 365 days each year. If
Qualification of Drivers; Application for you want acknowledgment that we
to [23 CFR 637.209(a)(5)]. Exemptions; Hearing
There was one comment regarding the received your comments, please include
availability of the MASH to the public. AGENCY: Federal Motor Carrier Safety a self-addressed, stamped envelope or
The MASH is neither a Federal Administration (FMCSA), DOT. postcard or print the acknowledgement
regulation nor guidance. The MASH ACTION: Notice of applications for
page that appears after submitting
was developed through the National exemptions; request for comments. comments on-line.
Academy of Science’s National Privacy Act: In accordance with 5
Cooperative Highway Research Program SUMMARY: FMCSA announces that 15 U.S.C. 553(c), DOT solicits comments
and can be purchased from the individuals have applied for a medical from the public to better inform its
AASHTO Web site (http:// exemption from the hearing requirement rulemaking process. DOT posts these
www.transportation.org/). in the Federal Motor Carrier Safety comments, without edit, including any
Lastly, a commenter said that FHWA Regulations (FMCSRs). In accordance personal information the commenter
is avoiding its responsibility for with the statutory requirements provides, to www.regulations.gov, as
‘‘approving’’ safety hardware. The concerning applications for exemptions, described in the system records notice
FHWA issues Federal-aid eligibility FMCSA requests public comments on (DOT/ALL–14 FDMS), which can be
letters for devices that meet the these requests. The statute and reviewed at www.dot.gov/privacy.
applicable crash test criteria. While implementing regulations concerning FOR FURTHER INFORMATION CONTACT:
jstallworth on DSK7TPTVN1PROD with NOTICES

these letters are the most common way exemptions require that exemptions Christine A. Hydock, Chief, Medical
for roadside safety hardware to qualify must provide an equivalent or greater Programs Division, (202) 366–4001,
for Federal-aid reimbursement, FHWA level of safety than if they were not fmcsamedical@dot.gov, FMCSA,
eligibility letters are not a requirement granted. If the Agency determines the Department of Transportation, 1200
for these devices to be eligible for exemptions would satisfy the statutory New Jersey Avenue SE., Room W64–
reimbursement on Federal-aid highway requirements and decides to grant 224, Washington, DC 20590–0001.
projects. The FHWA is charged with theses requests after reviewing the Office hours are from 8:30 a.m. to 5

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Document Created: 2018-03-01 11:23:08
Document Modified: 2018-03-01 11:23:08

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 December 14, 2015.
Contact		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., Monday through Friday, except Federal holidays.
FR Citation		80 FR 70289

80 FR 70289 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 219 (November 13, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration