81 FR 28120 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 89 (May 9, 2016)

Page Range		28120-28121
FR Document		2016-10789

FMCSA announces receipt of applications from 30 individuals for an exemption from the hearing requirement to operate commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals to operate CMVs in interstate commerce.

Federal Register, Volume 81 Issue 89 (Monday, May 9, 2016)

[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28120-28121]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10789]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0329]


Qualification of Drivers; Application for Exemptions; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation.

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

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SUMMARY: FMCSA announces receipt of applications from 30 individuals 
for an exemption from the hearing requirement to operate commercial 
motor vehicles (CMVs) in interstate commerce. If granted, the 
exemptions would enable these individuals to operate CMVs in interstate 
commerce.

DATES: Comments must be received on or before June 8, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0329 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://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: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: 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 http://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 http://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., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (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 of 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 W64-113, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations (FMCSRs) for a 2-year 
period if it finds ``such exemption would likely achieve a level of 
safety that is equivalent to or greater than the level that would be 
achieved absent such exemption.'' The statute also allows the Agency to 
renew exemptions at the end of the 2-year period. The 30 individuals 
listed in this notice have recently requested such an exemption from 
the hearing requirement in 49 CFR 391.41(b)(11), which applies to 
drivers of CMVs in interstate commerce. Accordingly, the Agency will 
evaluate the qualifications of each applicant to determine whether 
granting the exemption will achieve the required level of safety 
mandated by statute.
    The physical qualification standard for drivers regarding hearing 
found in 49 CFR 391.41(b)(11) states that a person is physically 
qualified to drive a CMV if that person

First perceives a forced whispered voice in the better ear at not 
less than 5 feet with or without the use of a hearing aid or, if 
tested by use of an audiometric device, does not have an average 
hearing loss in the better ear greater than 40 decibels at 500 Hz, 
1,000 Hz, and 2,000 Hz with or without a hearing aid when the 
audiometric device is calibrated to American National Standard 
(formerly ASA Standard) Z24.5--1951.

    This standard was adopted in 1970 and was revised in 1971 to allow 
drivers to be qualified under this standard while wearing a hearing 
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).

II. Qualifications of Applicants

James E. Adams

    Mr. Adams, age 44, holds an operator's license in Georgia.

Ronald Bagby

    Mr. Bagby, age 66, holds an operator's license in Missouri.

Robert Barnett

    Mr. Barnett, age 66, holds an operator's license in Michigan.

Jason A. Beutal

    Mr. Beutal, age 39, holds an operator's license in Wisconsin.

Benjamin Bottoms

    Mr. Bottoms, age 37, holds an operator's license in Virginia.

Edward Broeker

    Mr. Broeker, age 54, holds an operator's license in California.

John Brown

    Mr. Brown, age 59, holds a class A CDL in Minnesota.

[[Page 28121]]

Chris C. Calogar

    Mr. Calogar, age 46, holds an operator's license in Ohio.

Richard P. Carney

    Mr. Carney, age 58, holds an operator's license in New York.

David Cochran

    Mr. Cochran, age 32, holds an operator's license in Washington.

 Mark Deaken

    Mr. Deaken, age 27, holds a class A CDL in Montana.

Ronald Doiron

    Mr. Doiron, age 49, holds an operator's license in Massachusetts.

Glenn Ferguson

    Mr. Ferguson, age 52, holds an operator's license in Texas.

James Griffin

    Mr. Griffin, age 59, holds an operator's license in Tennessee.

James Harris

    Mr. Harris, age 55, holds an operator's license in Florida.

Kristina Hundorf

    Ms. Hundorf, age 50, holds an operator's license in California.

Kenneth Jones

    Mr. Jones, age 55, holds a class A CDL in New Jersey.

Paul Mansfield

    Mr. Mansfield, age 39, holds an operator's license in Kansas.

Eric Muniz

    Mr. Muniz, age 38, holds an operator's license in Oklahoma.

Anthony Panto

    Mr. Panto, age 57, holds a class A CDL in New Jersey.

David Pogue

    Mr. Pogue, age 31, holds a class B CDL in Missouri.

Jeffrey Prag

    Mr. Prag, age 56, holds a class AM CDL in Georgia.

James Prine

    Mr. Prine, age 67, holds an operator's license in Arkansas.

Steven Tipton

    Mr. Tipton, age 50, holds an operator's license in Iowa.

Eric Trevino

    Mr. Trevino, age 30, holds an operator's license in Texas.

Wayne Turner

    Mr. Turner, age 26, holds an operator's license in Illinois.

Paul Wentworth

    Mr. Wentworth, age 48, holds an operator's license in Texas.

Kevin L.Wickman

    Mr. Wickman, age 51, holds an operator's license in Iowa.

Robert G. Wilson

    Mr. Wilson, age 64, holds an operator's license in Tennessee.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the date section 
of the notice.

IV. 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 http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2015-0329 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. FMCSA may issue a final determination any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2015-0329 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: April 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10789 Filed 5-6-16; 8:45 am]
 BILLING CODE 4910-EX-P

28120 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices

Conclusion on-line instructions for submitting period if it finds ‘‘such exemption
FMCSA evaluated the 7 individual comments. would likely achieve a level of safety
exemption requests on their merits, • Mail: Docket Management Facility; that is equivalent to or greater than the
available data from Evidence Reports U.S. Department of Transportation, 1200 level that would be achieved absent
and Medical Expert Panel opinions on New Jersey Avenue SE., West Building such exemption.’’ The statute also
the impact of ICDs on Commercial Ground Floor, Room W12–140, allows the Agency to renew exemptions
Motor Vehicle driving, and the public Washington, DC 20590–0001. at the end of the 2-year period. The 30
comments received. The Agency has • Hand Delivery: West Building individuals listed in this notice have
determined that the available medical Ground Floor, Room W12–140, 1200 recently requested such an exemption
literature and data does not support a New Jersey Avenue SE., Washington, from the hearing requirement in 49 CFR
conclusion that granting these DC, between 9 a.m. and 5 p.m., Monday 391.41(b)(11), which applies to drivers
exemptions would achieve a level of through Friday, except Federal of CMVs in interstate commerce.
safety equivalent to or greater than the Holidays. Accordingly, the Agency will evaluate
level of safety maintained without the • Fax: 1–202–493–2251. the qualifications of each applicant to
exemptions. Each applicant has, prior to Instructions: Each submission must determine whether granting the
this notice, received a letter of final include the Agency name and the exemption will achieve the required
disposition on his/her exemption docket numbers for this notice. Note level of safety mandated by statute.
request. Those decision letters fully that all comments received will be The physical qualification standard
outlined the basis for the denial and posted without change to http:// for drivers regarding hearing found in
constitute final Agency action. The list www.regulations.gov, including any 49 CFR 391.41(b)(11) states that a
published today summarizes the personal information provided. Please person is physically qualified to drive a
Agency’s recent denials as required see the Privacy Act heading below for CMV if that person
under 49 U.S.C. 31315(b)(4). further information.
First perceives a forced whispered voice in
The following 7 applicants are denied Docket: For access to the docket to the better ear at not less than 5 feet with or
exemptions from the cardiovascular read background documents or without the use of a hearing aid or, if tested
standard. Ellis James Benson, Jon Carey, comments, go to http:// by use of an audiometric device, does not
Martin Carter, Carl Jeglum, William www.regulations.gov at any time or have an average hearing loss in the better ear
Kastner, Mark Todd Smith, Andre Room W12–140 on the ground level of greater than 40 decibels at 500 Hz, 1,000 Hz,
Williams. the West Building, 1200 New Jersey and 2,000 Hz with or without a hearing aid
Avenue SE., Washington, DC, between 9 when the audiometric device is calibrated to
Issued on: April 28, 2016. American National Standard (formerly ASA
a.m. and 5 p.m., Monday through
Larry W. Minor, Friday, except Federal holidays. The Standard) Z24.5—1951.
Associate Administrator for Policy. Federal Docket Management System This standard was adopted in 1970
[FR Doc. 2016–10875 Filed 5–6–16; 8:45 am] (FDMS) is available 24 hours each day, and was revised in 1971 to allow drivers
BILLING CODE 4910–EX–P 365 days each year. If you want to be qualified under this standard
acknowledgment that we received your while wearing a hearing aid, 35 FR
comments, please include a self- 6458, 6463 (April 22, 1970) and 36 FR
DEPARTMENT OF TRANSPORTATION addressed, stamped envelope or 12857 (July 3, 1971).
postcard or print the acknowledgement
Federal Motor Carrier Safety page that appears after submitting II. Qualifications of Applicants
Administration comments on-line. James E. Adams
[Docket No. FMCSA–2015–0329] Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments Mr. Adams, age 44, holds an
Qualification of Drivers; Application for from the public to better inform its operator’s license in Georgia.
Exemptions; Hearing rulemaking process. DOT posts these Ronald Bagby
AGENCY: Federal Motor Carrier Safety comments, without edit, including any
Administration (FMCSA), Department personal information the commenter Mr. Bagby, age 66, holds an operator’s
of Transportation. provides, to www.regulations.gov, as license in Missouri.
described in the system of records Robert Barnett
ACTION: Notice of applications for
notice (DOT/ALL–14 FDMS), which can
exemptions; request for comments.
be reviewed at www.dot.gov/privacy. Mr. Barnett, age 66, holds an
SUMMARY: FMCSA announces receipt of FOR FURTHER INFORMATION CONTACT: operator’s license in Michigan.
applications from 30 individuals for an Christine A. Hydock, Chief, Medical Jason A. Beutal
exemption from the hearing requirement Programs Division, (202) 366–4001,
to operate commercial motor vehicles fmcsamedical@dot.gov, FMCSA, Mr. Beutal, age 39, holds an operator’s
(CMVs) in interstate commerce. If Department of Transportation, 1200 license in Wisconsin.
granted, the exemptions would enable New Jersey Avenue SE., Room W64– Benjamin Bottoms
these individuals to operate CMVs in 113, Washington, DC 20590–0001.
interstate commerce. Office hours are 8:30 a.m. to 5 p.m., e.t., Mr. Bottoms, age 37, holds an
DATES: Comments must be received on Monday through Friday, except Federal operator’s license in Virginia.
or before June 8, 2016. holidays.
mstockstill on DSK3G9T082PROD with NOTICES

Edward Broeker
ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION:
bearing the Federal Docket Management Mr. Broeker, age 54, holds an
I. Background operator’s license in California.
System (FDMS) Docket No. FMCSA–
2015–0329 using any of the following Under 49 U.S.C. 31136(e) and 31315, John Brown
methods: FMCSA may grant an exemption from
• Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety Mr. Brown, age 59, holds a class A
http://www.regulations.gov. Follow the Regulations (FMCSRs) for a 2-year CDL in Minnesota.

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Document Created: 2018-02-07 14:50:16
Document Modified: 2018-02-07 14:50:16

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 June 8, 2016.
Contact		Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays.
FR Citation		81 FR 28120

81 FR 28120 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 89 (May 9, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration