80_FR_79661 80 FR 79417 - Qualification of Drivers; Application for Exemptions; Hearing

80 FR 79417 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 244 (December 21, 2015)

Page Range79417-79418
FR Document2015-31974

FMCSA announces that 14 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 14 individuals to operate CMVs in interstate commerce.

Federal Register, Volume 80 Issue 244 (Monday, December 21, 2015) 
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79417-79418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31974]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0327]


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 14 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 14 individuals to operate CMVs in interstate 
commerce.

DATES: Comments must be received on or before January 20, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA- 2015-0327 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 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.


[[Page 79418]]


    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-2015-0327'' 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-2015-0327'' 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

Kevin Black

    Mr. Black, age 50, holds a class A CDL in California.

Roger Dale Boge

    Mr. Boge, age 59, holds a class A CDL in Iowa.

Don Boskovski

    Mr. Boskovski, age 24, holds an operator's license in Arizona.

Michael Bunjer

    Mr. Bunjer, age 50, holds a class A CDL in Maryland.

Sonny Dorantes

    Mr. Dorantes, age 21, holds an operator's license in Texas.

Maria Goodman

    Ms. Goodman, age 32, holds an operator's license in Washington.

Jacob Korsi

    Mr. Korsi, age 34, holds an operator's license in Missouri.

Eugene Myvett

    Mr. Myvett, age 39, holds an operator's license from California.

Brian Peek

    Mr. Peek, age 39, holds an operator's license in Georgia.

Youl Perez

    Mr. Youl, age 43, holds a class A CDL in Florida.

Kenneth Prusinski

    Mr. Prusinski, age 47, holds an operator's license in Ohio.

Sandor Sarus

    Mr. Sarus, age 38, holds an operator's license in New York.

Daniel Tricolici

    Mr. Tricolci, age 28, holds an operator's license in Massachusetts.

Robert Uhr

    Mr. Uhr, age 43, holds an operator's license in Texas.

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 January 20, 2016. 
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: December 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-31974 Filed 12-18-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices 79417 copying and electronic filing. If you enable these 14 individuals to operate SUPPLEMENTARY INFORMATION: submit comments by mail and would CMVs in interstate commerce. Background like to know that they reached the DATES: Comments must be received on facility, please enclose a stamped, self- or before January 20, 2016. The Federal Motor Carrier Safety addressed postcard or envelope. ADDRESSES: You may submit comments Administration has authority to grant FMCSA will consider all comments bearing the Federal Docket Management exemptions from many of the Federal and material received during the System (FDMS) Docket No. FMCSA- Motor Carrier Safety Regulations comment period and may change this 2015–0327 using any of the following (FMCSRs) under 49 U.S.C. 31315 and notice based on your comments. methods: 31136(e), as amended by Section 4007 • Federal eRulemaking Portal: Go to of the Transportation Equity Act for the Viewing Comments and Documents www.regulations.gov. Follow the on-line 21st Century (TEA–21) (Pub. L. 105– To view comments, as well as instructions for submitting comments. 178, June 9, 1998, 112 Stat. 107, 401). documents mentioned in this preamble • Mail: Docket Management Facility; FMCSA has published in 49 CFR part as being available in the docket, go to U.S. Department of Transportation, 1200 381, subpart C final rules implementing http://www.regulations.gov and insert New Jersey Avenue SE., West Building the statutory changes in its exemption the docket number FMCSA–2015–0345 Ground Floor, Room W12–140, procedures made by section 4007, 69 FR in the ‘‘Keyword’’ box and click Washington, DC 20590–0001. 51589 (August 20, 2004).1 Under the ‘‘Search.’’ Next, click ‘‘Open Docket • Hand Delivery or Courier: West rules in part 381, subpart C, FMCSA Folder’’ button and choose the Building Ground Floor, Room W12–140, must publish a notice of each exemption document listed to review. If you do not 1200 New Jersey Avenue SE., request in the Federal Register. The have access to the Internet, you may Washington, DC, between 9 a.m. and 5 Agency must provide the public with an view the docket online by visiting the p.m., ET, Monday through Friday, opportunity to inspect the information Docket Management Facility in Room except Federal Holidays. relevant to the application, including W12–140 on the ground floor of the • Fax: 1–202–493–2251. any safety analyses that have been DOT West Building, 1200 New Jersey Each submission must include the conducted and any research reports, Avenue SE., Washington, DC 20590, Agency name and the docket numbers technical papers and other publications between 9 a.m. and 5 p.m., e.t., Monday for this notice. Note that all comments referenced in the application. The through Friday, except Federal holidays. received will be posted without change Agency must also provide an Issued on: December 9, 2015. to www.regulations.gov, including any opportunity to submit public comment Larry W. Minor, personal information provided. Please on the applications for exemption. Associate Administrator for Policy. see the Privacy Act heading below for The Agency reviews the safety [FR Doc. 2015–31977 Filed 12–18–15; 8:45 am] further information. analyses and the public comments and Docket: For access to the docket to determines whether granting the BILLING CODE 4910–EX–P read background documents or exemption would likely achieve a level comments, go to www.regulations.gov at of safety equivalent to or greater than DEPARTMENT OF TRANSPORTATION any time or Room W12–140 on the the level that would be achieved ground level of the West Building, 1200 without the exemption. The decision of Federal Motor Carrier Safety New Jersey Avenue SE., Washington, the Agency must be published in the Administration DC, between 9 a.m. and 5 p.m., ET, Federal Register. If the Agency denies Monday through Friday, except Federal the request, it must state the reason for [Docket No. FMCSA–2015–0327] holidays. The FDMS is available 24 doing so. If the decision is to grant the hours each day, 365 days each year. If exemption, the notice must specify the Qualification of Drivers; Application for you want acknowledgment that we person or class of persons receiving the Exemptions; Hearing received your comments, please include exemption and the regulatory provision AGENCY: Federal Motor Carrier Safety a self-addressed, stamped envelope or or provisions from which an exemption Administration (FMCSA), DOT. postcard or print the acknowledgement is granted. The notice must also specify ACTION: Notice of applications for page that appears after submitting the effective period of the exemption exemptions; request for comments. comments on-line. (up to 2 years) and explain the terms Privacy Act: In accordance with 5 and conditions of the exemption. The SUMMARY: FMCSA announces that 14 U.S.C. 553(c), DOT solicits comments exemption may be renewed. individuals have applied for a medical from the public to better inform its The current provisions of the FMCSRs exemption from the hearing requirement rulemaking process. DOT posts these concerning hearing state that a person is in the Federal Motor Carrier Safety comments, without edit, including any physically qualified to drive a CMV if Regulations (FMCSRs). In accordance personal information the commenter that person with the statutory requirements provides, to www.regulations.gov, as First perceives a forced whispered voice in concerning applications for exemptions, described in the system records notice the better ear at not less than 5 feet with or FMCSA requests public comments on (DOT/ALL–14 FDMS), which can be without the use of a hearing aid or, if tested these requests. The statute and reviewed at www.dot.gov/privacy. by use of an audiometric device, does not implementing regulations concerning FOR FURTHER INFORMATION CONTACT: have an average hearing loss in the better ear exemptions require that exemptions Christine A. Hydock, Chief, Medical greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid mstockstill on DSK4VPTVN1PROD with NOTICES must provide an equivalent or greater Programs Division, (202) 366–4001, level of safety than if they were not fmcsamedical@dot.gov, FMCSA, when the audiometric device is calibrated to granted. If the Agency determines the Department of Transportation, 1200 American National Standard (formerly ASA Standard) Z24.5—1951. exemptions would satisfy the statutory New Jersey Avenue SE., Room W64– requirements and decides to grant 224, Washington, DC 20590–0001. 1 This action adopted as final rules the interim theses requests after reviewing the Office hours are from 8:30 a.m. to 5 final rules issued by FMCSA’s predecessor in 1998 public comments submitted in response p.m., Monday through Friday, except (63 FR 67600 (Dec. 8, 2008)), and adopted by to this notice, the exemptions would Federal holidays. FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)]. VerDate Sep<11>2014 17:38 Dec 18, 2015 Jkt 238001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1

79418 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices 49 CFR 391.41(b)(11). This standard document to which each comment Kenneth Prusinski was adopted in 1970, with a revision in applies, and provide a reason for each Mr. Prusinski, age 47, holds an 1971 to allow drivers to be qualified suggestion or recommendation. If you operator’s license in Ohio. under this standard while wearing a submit your comments by mail or hand hearing aid, 35 FR 6458, 6463 (April 22, delivery, submit them in an unbound Sandor Sarus 1970) and 36 FR 12857 (July 3, 1971). format, no larger than 81⁄2 by 11 inches, Mr. Sarus, age 38, holds an operator’s FMCSA also issues instructions for suitable for copying and electronic license in New York. completing the medical examination filing. If you submit comments by mail report and includes advisory criteria on and would like to know that they Daniel Tricolici the report itself to provide guidance for reached the facility, please enclose a Mr. Tricolci, age 28, holds an medical examiners in applying the stamped, self-addressed postcard or operator’s license in Massachusetts. hearing standard. See 49 CFR 391.43(f). envelope. The current advisory criteria for the We will consider all comments and Robert Uhr hearing standard include a reference to material received during the comment Mr. Uhr, age 43, holds an operator’s a report entitled ‘‘Hearing Disorders and period and may change this proposed license in Texas. Commercial Motor Vehicle Drivers’’ rule based on your comments. FMCSA prepared for the Federal Highway Request for Comments may issue a final rule at any time after Administration, FMCSA’s predecessor, the close of the comment period. In accordance with 49 U.S.C. 31136(e) in 1993.2 and 31315(b)(4), FMCSA requests public Viewing Comments and Documents comment from all interested persons on FMCSA Requests Comments on the Exemption Applications To view comments, go to the exemption petitions described in www.regulations.gov and in the search this notice. The Agency will consider all FMCSA requests comments from all box insert the docket number ‘‘FMCSA– comments received before the close of interested parties on whether a driver 2015–0327’’ and click ‘‘Search.’’ Next, business January 20, 2016. Comments who cannot meet the hearing standard click ‘‘Open Docket Folder’’ and you will be available for examination in the should be permitted to operate a CMV will find all documents and comments docket at the location listed under the in interstate commerce. Further, the related to the proposed rulemaking. ADDRESSES section of this notice. The Agency asks for comments on whether Agency will file comments received a driver who cannot meet the hearing Information on Individual Applicants after the comment closing date in the standard should be limited to operating Kevin Black public docket, and will consider them to only certain types of vehicles in the extent practicable. In addition to late interstate commerce, for example, Mr. Black, age 50, holds a class A CDL vehicles without air brakes. The statute comments, FMCSA will also continue to in California. and implementing regulations file, in the public docket, relevant concerning exemptions require that the Roger Dale Boge information that becomes available after Agency request public comments on all the comment closing date. Interested Mr. Boge, age 59, holds a class A CDL applications for exemptions. The persons should monitor the public in Iowa. Agency is also required to make a docket for new material. determination that an exemption would Don Boskovski Issued on: December 9, 2015. likely achieve a level of safety that is Mr. Boskovski, age 24, holds an Larry W. Minor, equivalent to, or greater than, the level operator’s license in Arizona. Associate Administrator for Policy. that would be achieved absent such [FR Doc. 2015–31974 Filed 12–18–15; 8:45 am] exemption before granting any such Michael Bunjer BILLING CODE 4910–EX–P requests. Mr. Bunjer, age 50, holds a class A Submitting Comments CDL in Maryland. Sonny Dorantes DEPARTMENT OF TRANSPORTATION You may submit your comments and material online or by fax, mail, or hand Mr. Dorantes, age 21, holds an Federal Transit Administration delivery, but please use only one of operator’s license in Texas. these means. FMCSA recommends that [FTA Docket No. 2015–0032] you include your name and a mailing Maria Goodman address, an email address, or a phone Notice of Request for the Extension of Ms. Goodman, age 32, holds an a Currently Approved Information number in the body of your document operator’s license in Washington. so that FMCSA can contact you if there Collection are questions regarding your Jacob Korsi AGENCY: Federal Transit Administration, submission. Mr. Korsi, age 34, holds an operator’s DOT. To submit your comment online, go to license in Missouri. ACTION: Notice of request for comments. www.regulations.gov and in the search box insert the docket number ‘‘FMCSA– Eugene Myvett SUMMARY: In accordance with the 2015–0327’’ and click the search button. Mr. Myvett, age 39, holds an Paperwork Reduction Act of 1995, this When the new screen appears, click on operator’s license from California. notice announces the intention of the the blue ‘‘Comment Now!’’ button on mstockstill on DSK4VPTVN1PROD with NOTICES Federal Transit Administration (FTA) to the right hand side of the page. On the Brian Peek request the Office of Management and new page, enter information required Mr. Peek, age 39, holds an operator’s Budget (OMB) to renew the following including the specific section of this license in Georgia. information collection: 2 This report is available on the FMCSA Web site Youl Perez 49 U.S.C. Section 5312(a) Transit Research, at http://www.fmcsa.dot.gov/facts-research/ Development, Demonstration and Training research-technology/publications/medreport_ Mr. Youl, age 43, holds a class A CDL Projects archives.htm. in Florida. OMB Control No.: 2132–0546 VerDate Sep<11>2014 17:38 Dec 18, 2015 Jkt 238001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1


Document Created: 2015-12-19 02:57:22
Document Modified: 2015-12-19 02:57:22
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 January 20, 2016.
ContactChristine 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 Citation80 FR 79417 
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