81 FR 50594 - Qualification of Drivers; Application for Exemptions; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 147 (August 1, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 147 (August 1, 2016)
| Page Range | 50594-50596 | |
| FR Document | 2016-18132 |
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)] [Notices] [Pages 50594-50596] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18132] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA- 2016-0002] 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. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 33 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 August 31, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2016-0002 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. [[Page 50595]] 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 33 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 Priscilla Brakenridge Ms. Brakenredge, age 40, holds an operator's license in Illinois. David Balay Chappelear Mr. Chappelear, age 26, holds an operator's license in Texas. Donald Coen Mr. Coen, age 52, holds a class A CDL in New York. Mathias Conway Mr. Mathias, age 56, holds on operator's license in Michigan. Gary A. Cordano Mr. Cordano, age 44, holds a class A CDL in California. Harvey Culver Mr. Culver, age 32, holds a class A CDL in Texas. Charles DePriest Mr. DePriest, age 55, holds an operator's license in Texas. William R. English Mr. English, age 42, holds an operator's license in Texas. Samuel Fernell Mr. Fernell, age 47, holds an operator's license in Ohio. Richard Fisher Mr. Fisher, age 28, holds an operator's license in Pennsylvania. Russell Fleming Mr. Fleming, age 54, holds an operator's license in Georgia. Ronald Freeze Mr. Freeze, age 64, holds a class A CDL in Oklahoma. Carlos Gonzales Mr. Gonzales, age 53, holds an operator's license in Georgia. Zachary Gullett Mr. Gullett, age 22, holds an operator's license in Ohio. Richard Hoots Mr. Hoots, age31, holds an operator's license in Arizona. Carlos Lee Jackson Mr. Jackson, age 53, holds a class A CDL in Texas. Richard Kahalewai-Campbell Mr. Kahalewai, age 34, holds an operator's license in Hawaii. Randall Lutsey Mr. Lutsey, age 52, holds a class A CDL in Pennsylvania. Reynaldo Martinez Mr. Martinez, age 35, holds an operator's license in Texas. Julio C. Medrano Mr. Medrano, age 41, holds an operator's license in Washington. Keith Miller Mr. Miller, age 37, holds a class B CDL in Missouri. Brian J. Minch Mr. Minch, age 31, holds an operator's license in Massachusetts. Katrina Parker Ms Parker, age 31 holds an operator's license in New Jersey. Walt Pindor Mr. Pindor, age 55, holds a class A CDL in Arizona. Robert Samarian Mr. Samarian, age 39, holds an operator's license in Michigan. D'Nielle Smith Ms. Smith, age 32, holds an operator's license in Ohio. Michael Smith Mr. Smith, age 50, holds a class A CDL in Colorado. Daniel Stroud Mr. Stroud, age 50, holds an operator's license in Utah. Michael Sweet Mr. Sweet, age 45, holds a class B CDL in Georgia. James Watters Mr. Watters, age 55, holds an operator's license in Ohio. Gerald Westfall Mr. Westfall, age 67, holds a class A CDL in Pennsylvania. Derek Zamot Mr. Zamot, age 43, holds an operator's license in Florida. 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-2016-0002 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 [[Page 50596]] 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-2016-0002 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: July 22, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-18132 Filed 7-29-16; 8:45 am] BILLING CODE 4910-EX-P
![50594 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices
statutory level of safety should driver must report any crashes or ADDRESSES: You may submit comments
immediately notify FMCSA. The accidents as defined in 49 CFR 390.5; bearing the Federal Docket Management
Agency will evaluate any adverse and (2) report all citations and System (FDMS) Docket No. FMCSA–
evidence submitted and, if safety is convictions for disqualifying offenses 2016–0002 using any of the following
being compromised or if continuation of under 49 CFR part 383 and 49 CFR 391 methods:
the exemption would not be consistent to FMCSA. In addition, the driver must • Federal eRulemaking Portal: Go to
with the goals and objectives of 49 also have a copy of the exemption when http://www.regulations.gov. Follow the
U.S.C. 31136(e) and 31315, FMCSA will driving, for presentation to a duly on-line instructions for submitting
take immediate steps to revoke the authorized Federal, State, or local comments.
exemption of a driver. FMCSA enforcement officials. The driver is • Mail: Docket Management Facility;
encourages you to participate by prohibited from operating a motorcoach U.S. Department of Transportation, 1200
submitting comments and related or bus with passengers in interstate New Jersey Avenue SE., West Building
materials. commerce. The exemption does not Ground Floor, Room W12–140,
exempt the individual from meeting the Washington, DC 20590–0001.
IV. Basis for Renewing Exemptions
applicable CDL testing requirements. • Hand Delivery: West Building
Under 49 U.S.C. 31315(b)(1), an Each exemption will be valid for two Ground Floor, Room W12–140, 1200
exemption may be granted for no longer years unless rescinded earlier by New Jersey Avenue SE., Washington,
than two years from its approval date FMCSA. The exemption will be DC, between 9 a.m. and 5 p.m., Monday
and may be renewed upon application. rescinded if: (1) The person fails to through Friday, except Federal
In accordance with 49 U.S.C. 31136(e) comply with the terms and conditions Holidays.
and 31315, each of the 20 applicants has of the exemption; (2) the exemption has • Fax: 1–202–493–2251.
satisfied the entry conditions for resulted in a lower level of safety than Instructions: Each submission must
obtaining an exemption from the was maintained before it was granted; or include the Agency name and the
hearing requirement (80 FR 18924; 80 (3) continuation of the exemption would docket numbers for this notice. Note
FR 18926; 80 FR 22766; 80 FR 22768; not be consistent with the goals and that all comments received will be
80 FR 60747). The Commercial Driver’s objectives of 49 U.S.C. 31136(e) and posted without change to http://
License Information System (CDLIS) 31315. www.regulations.gov, including any
and Motor Carrier Management personal information provided. Please
Informatiom System (MCMIS) are VII. Conclusion
see the Privacy Act heading below for
searched for crash and violation data. Based upon its evaluation of the 20
further information.
For non-CDL holders, the Agency exemption applications, FMCSA renews
Docket: For access to the docket to
reviews the driving records from the the exemptions of the aforementioned
read background documents or
State Driver’s Licensing Agency (SDLA). drivers from the hearing requirement in
comments, go to http://
These factors provide an adequate basis 49 CFR 391.41(b)(11). In accordance
www.regulations.gov at any time or
for predicting each driver’s ability to with 49 U.S.C. 31136(e) and 31315, each
Room W12–140 on the ground level of
continue to drive safely in interstate exemption will be valid for 2 years
the West Building, 1200 New Jersey
commerce. unless revoked earlier by FMCSA.
Avenue SE., Washington, DC, between 9
V. Exemption Decision Issued on: July 22, 2016. a.m. and 5 p.m., Monday through
Larry W. Minor, Friday, except Federal holidays. The
The 20 drivers in this notice remain
in good standing with the Agency and Associate Administrator for Policy. Federal Docket Management System
have not exhibited any medical issues [FR Doc. 2016–18137 Filed 7–29–16; 8:45 am] (FDMS) is available 24 hours each day,
that would compromise their ability to BILLING CODE 4910–EX–P 365 days each year. If you want
safely operate a CMV during the acknowledgment that we received your
previous 2-year exemption period. comments, please include a self-
FMCSA has concluded that renewing DEPARTMENT OF TRANSPORTATION addressed, stamped envelope or
the exemptions for each of these postcard or print the acknowledgement
Federal Motor Carrier Safety page that appears after submitting
applicants is likely to achieve a level of
Administration comments on-line.
safety equal to that existing without the
exemption. Therefore, FMCSA has [Docket No. FMCSA- 2016–0002] Privacy Act: In accordance with 5
decided to renew each exemption for a U.S.C. 553(c), DOT solicits comments
two-year period. They are: Qualification of Drivers; Application for from the public to better inform its
Joshua Arango (FL), Michael Beebe (NJ), Exemptions; Hearing rulemaking process. DOT posts these
Andrew Deuschle (TX), David AGENCY: Federal Motor Carrier Safety comments, without edit, including any
Garland (ME), Daniel Grossinger Administration (FMCSA), Department personal information the commenter
(MD), Roman Landa (CA), Claire of Transportation. provides, to www.regulations.gov, as
Mitcham (TX), Quinton Murphy (WI), described in the system of records
ACTION: Notice of applications for
Michael Paasch (NE), Jeffrey notice (DOT/ALL–14 FDMS), which can
exemptions; request for comments.
Pagenkopf (MN), Kelly Pulvermacher be reviewed at www.dot.gov/privacy.
(WI), Alfredo Ramirez (TX), Fernando SUMMARY: FMCSA announces receipt of FOR FURTHER INFORMATION CONTACT:
Ramirez-Savon (NM), Julie Ramirez applications from 33 individuals for an Christine A. Hydock, Chief, Medical
(TX), Ralph Reno (PA), Adalberto exemption from the hearing requirement Programs Division, (202) 366–4001,
sradovich on DSK3GMQ082PROD with NOTICES
Rodriguez (NY), Andrey Shevchenko to operate commercial motor vehicles fmcsamedical@dot.gov, FMCSA,
(MN), William Symonds (IL), Hayden (CMVs) in interstate commerce. If Department of Transportation, 1200
Teesdale (TX), Joshua Weaver (GA). granted, the exemptions would enable New Jersey Avenue SE., Room W64–
these individuals to operate CMVs in 113, Washington, DC 20590–0001.
VI. Conditions and Requirements interstate commerce. Office hours are 8:30 a.m. to 5 p.m., e.t.,
The exemptions are extended subject DATES: Comments must be received on Monday through Friday, except Federal
to the following conditions: (1) Each or before August 31, 2016. holidays.
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![50596 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices
copying and electronic filing. If you Background Huon Morris
submit comments by mail and would Under 49 U.S.C. 31136(e) and 31315, Lanee T. Morton
like to know that they reached the FMCSA may grant an exemption from Rose M. Neely
facility, please enclose a stamped, self- the Federal vision standard for a Douglas Patton
addressed postcard or envelope. renewable 2-year period if it finds ‘‘such Tina M. Petkovsek
We will consider all comments and an exemption would likely achieve a Brian J. Poe
material received during the comment level of safety that is equivalent to or Derek D. Pratt
period. FMCSA may issue a final greater than the level that would be Michael S. Pressley
determination any time after the close of achieved absent such an exemption.’’ Lawrence K. Proctor
the comment period. Alexander Pulido
The procedures for requesting an
Josue M. Rodriguez-Espinoza
V. Viewing Comments and Documents exemption are set forth in 49 CFR part
Michael C. Shelp
381.
To view comments, as well as any Jerek Smith
Accordingly, FMCSA evaluated 160
documents mentioned in this preamble, Rashania M. Smith
individual exemption requests on their
go to http://www.regulations.gov and in James E. Soderquist
merit and made a determination that
the search box insert the docket number Kody L. Sullivan
these applicants do not satisfy the
FMCSA–2016–0002 and click ‘‘Search.’’ Seifu A. Tilahun
criteria eligibility or meet the terms and
Next, click ‘‘Open Docket Folder’’ and Jovan C. Vega
conditions of the Federal exemption
you will find all documents and Patricia A. Williams
program. Each applicant has, prior to
comments related to this notice. Kimberly S. Wilson
this notice, received a letter of final
Issued on: July 22, 2016. Owen W. Witmer
disposition on the exemption request.
Larry W. Minor, Those decision letters fully outlined the The following 27 applicants did not
Associate Administrator for Policy. basis for the denial and constitute final have 3 years of experience driving a
Agency action. The list published in CMV on public highways with their
[FR Doc. 2016–18132 Filed 7–29–16; 8:45 am]
this notice summarizes the Agency’s vision deficiencies:
BILLING CODE 4910–EX–P
recent denials as required under 49 Guy L. Banks
U.S.C. 31315(b)(4) by periodically Gary W. Brockway
DEPARTMENT OF TRANSPORTATION publishing names and reasons for Carlos D. M. Catillo
denial. Tsz Fung Chiu
Federal Motor Carrier Safety The following 2 applicants did not Eugene J. Corson
Administration have sufficient driving experience over Terry D. Eberly
the past 3 years under normal highway Juan J. Giron
[Docket No. FMCSA–2016–0032]
operating conditions: Timothy F. Giza
Qualification of Drivers; Exemption Gregory M. Anderson Crescencio Gonzalez
Applications; Vision David Holguin Tasuli Gramosli
James W. Gray
AGENCY: Federal Motor Carrier Safety The following 52 applicants had no
Gregory L. Grover
Administration (FMCSA), DOT. experience operating a CMV: Bobby M. James
ACTION: Notice of denials. Dakota G. Abbott Robert F. LaMark
Mohamed A. Barre Kevin A. Milam
SUMMARY: FMCSA announces its denial William J. Baughman Bryan S. Moses
of 160 applications from individuals Drew R. Benton Manuel Narvaez, Jr.
who requested an exemption from the Michael W. Brown Kenneth Newswanger
Federal vision standard applicable to Ronald G. Burr Aaron B. Reke
interstate truck and bus drivers and the Luis A. Cortez Kenneth W. Seifert
reasons for the denials. FMCSA has Michael A. DiBiase Charles S. Shaffblower, Jr.
statutory authority to exempt Ronnie D. Dingal Michael Sierra
individuals from the vision requirement Anthony D. Everett Roderick R. Sonnier
if the exemptions granted will not Paul D. Ewey Ramon E. Tijerino
compromise safety. The Agency has Abraham Filmalter Alan L. Viessman
concluded that granting these Danny S. Flemister James D. Watters
exemptions does not provide a level of Selese A. Fort Kenneth E. Wheland
safety that will be equivalent to, or Buddy L. Gibson
Trevor Hall The following 14 applicants did not
greater than, the level of safety have 3 years of recent experience
maintained without the exemptions for Richard M. Haugen
Jason S. Hooker driving a CMV with the vision
these commercial motor vehicle (CMV) deficiency:
drivers. William D. Hulsey II
Daniel M. Jackson Paul C. Alves
FOR FURTHER INFORMATION CONTACT: Christopher L. Ambers
Samuel L. Kirkpatrick
Christine A. Hydock, Chief, Medical Brian J. LaBarge John W. Black III
Programs Division, (202) 366–4001, Justin T. Lewis Benny W. Bledsoe
fmcsamedical@dot.gov, FMCSA,
sradovich on DSK3GMQ082PROD with NOTICES
Samantha J. Linberg Michael C. Boyne
Department of Transportation, 1200 Cedrick A. Martin Philip L. Bradford
New Jersey Avenue SE., Room W64– Aqif Matraku Jesus Cerros Palos
113, Washington, DC 20590–0001. Aaron A. McBride Richard B. Davis
Office hours are 8:30 a.m. to 5 p.m., e.t., Zachary J. Menchaca Zack Fowler
Monday through Friday, except Federal Richard W. Merritt James E. Frederick III
holidays. Michael J. Miller Daniel G. Y. Haile
SUPPLEMENTARY INFORMATION: David R. Mitchell Dustin M. Mills
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Document Created: 2016-07-30 06:25:38
Document Modified: 2016-07-30 06:25:38
| 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 August 31, 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 50594 |
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