82_FR_47489 82 FR 47294 - Qualification of Drivers; Exemption Applications; Hearing

82 FR 47294 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range47294-47296
FR Document2017-21896

FMCSA announces receipt of applications from 91 individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 195 (Wednesday, October 11, 2017) 
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47294-47296]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21896]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0058]


Qualification of Drivers; Exemption Applications; Hearing

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

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

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SUMMARY: FMCSA announces receipt of applications from 91 individuals 
for an exemption from the hearing requirement in the Federal Motor 
Carrier Safety Regulations (FMCSRs) to operate a commercial motor 
vehicle (CMV) in interstate commerce. If granted, the exemptions would 
enable these hard of hearing and deaf individuals to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before November 13, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0004 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) 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., 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 online.
    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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. 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 8:30 a.m. to 5 p.m., ET, 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-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 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The 91 individuals listed in this notice have requested an 
exemption from the hearing requirement in 49 CFR 391.41(b)(11). 
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).
    On February 1, 2013, FMCSA announced in a Notice of Final 
Disposition titled, Qualification of Drivers; Application for 
Exemptions; National Association of the Deaf, (78 FR 7479), its 
decision to grant requests from 40 individuals for exemptions from the 
Agency's physical qualification standard concerning hearing for 
interstate CMV drivers. Since the February 1, 2013 notice, the Agency 
has published additional notices granting requests from hard of hearing 
and deaf individuals for exemptions from the Agency's physical 
qualification standard concerning hearing for interstate CMV drivers.

II. Qualifications of Applicants

    Mario Alvarado: Mr. Alvarado, age 28, holds an operator's license 
in California.
    Shey C. Amberson: Mr. Amberson, age 39, holds an operator's license 
in Florida.
    Kasseth Andrews: Mr. Andrews, age 33, holds an operator's license 
in Massachusetts.
    Steven Andrews: Mr. Andrews, age 33, holds an operator's license in 
Florida.
    Randy Bailey: Mr. Bailey, age 36, holds an operator's license in 
New Jersey.
    Ivan Batista: Mr. Batista, age 36, holds an operator's license in 
New Jersey.
    Larry G. Beeson: Mr. Beeson, age 75, holds a class B CDL in North 
Carolina.
    Deontae Blanks: Mr. Blanks, age 34, holds an operator's license in 
Texas.
    Daryl A. Broker: Mr. Broker, age 63, holds a class A CDL in 
Minnesota.

[[Page 47295]]

    Justin Brooks: Mr. Brooks, age 37, holds an operator's license in 
Washington.
    Daniel Camp: Mr. Camp, age 28, holds an operator's license in 
Georgia.
    Joseph Caplan: Mr. Caplan, age 67, holds a class A CDL in 
Connecticut.
    Vincente Carreon: Mr. Carreon, age 55, holds a class A CDL in 
Texas.
    Richard N. Casto: Mr. Casto, age 49, holds an operator's license in 
Ohio.
    Blair D. Chappell: Mr. Chappell, age 35, holds an operator's 
license in Pennsylvania.
    Christa B. Coppley: Ms. Coppley, age 43, holds an operator's 
license in North Carolina.
    Leslie Crump: Mr. Crump, age 43, holds an operator's license in 
Indiana.
    William Darnell: Mr. Darnell, age 43, holds a class A CDL in 
Arizona.
    Travis K. Davisson: Mr. Davisson, age 43, holds a class A CDL in 
Iowa.
    Sean M. Dearsman: Mr. Dearsman, age 39, holds an operator's license 
in Ohio.
    Shane DiBernado: Mr. DiBernado, age 22, holds an operator's license 
in Colorado.
    James Edmonson: Mr. Edmonson, age 35, holds an operator's license 
in Louisiana.
    Gary Effner: Mr. Effner, age 46, holds an operator's license in 
Massachusetts.
    Mitchell R. Estill: Mr. Estill, age 41, holds an operator's license 
in Missouri.
    Jeremy Exum: Mr. Exum, age 41, holds an operator's license in 
Texas.
    William F. Farrell: Mr. Farrell, age 59, holds an operator's 
license in Wisconsin.
    Lucius Fowler: Mr. Fowler, age 44, holds an operator's license in 
Illinois.
    Bruce Francechi: Mr. Francechi, age 52, holds an operator's license 
in New York.
    Buddy Gann: Mr. Gann, age 39, holds an operator's license in 
Indiana.
    Blanca Gerardo: Mr. Gerardo, age 43, holds an operator's license in 
Texas.
    Teela Gilmore: Ms. Gilmore, age 41, holds an operator's license in 
Georgia.
    Douglas M. Gray: Mr. Gray, age 56, holds a class A CDL in Oregon.
    John Grebenc: Mr. Grebenc, age 45, holds a class A CDL in 
Minnesota.
    Kimberly Gumm: Ms. Gumm, age 56, holds a Class A CDL in Indiana.
    Conrad Hause: Mr. Hause, age 36, holds an operator's license in 
Maryland.
    John Hayt, III: Mr. Hayt, age 30, holds an operator's license in 
Florida.
    Raymond E. Henk: Mr. Henk, age 46, holds an operator's license in 
Texas.
    Jorge L. Hernandez: Mr. Hernandez, age 27, holds an operator's 
license in Texas.
    Andrew J. Hippler: Mr. Hippler, age 43, holds a class A CDL in 
Idaho.
    Charles Holbrook: Mr. Holbroon, age 47, holds a class A CDL in 
Maryland.
    Paul Hoover: Mr. Hoover, age 30, holds a class A CDL in 
Pennsylvania.
    Buford G. Hudson: Mr. Hudson, age 50, holds an operator's license 
in Kentucky.
    Thomas Jensen: Mr. Jensen, age 55, holds a class A CDL in Iowa.
    Charles J. Jernigan, Jr.: Mr. Jernigan, age 54, holds an operator's 
license in South Carolina.
    James M. Johnson: Mr. Johnson, age 46, holds a class A CDL in 
Minnesota.
    Matthew Jones: Mr. Jones, age 43, holds an operator's license in 
California.
    Ronald L. Jones: Mr. Jones, age 61, holds an operator's license in 
Oklahoma.
    Wayne A. Kramas: Mr. Kramas, age 53, holds an operator's license in 
Wisconsin.
    Daniel Krystosek: Mr. Krystosek, age 25, holds a class A CDL in 
Minnesota.
    Nicholas Kulasa: Mr. Kulasa, age 32, holds an operator's license in 
Illinois.
    Ryan R. Larkin: Mr. Larkin, age 35, Holds an operator's license in 
Massachusetts.
    Aaron S. Leader: Mr. Leader, age 36, holds an operator's license in 
Arizona.
    Brian Levinson: Mr. Levinson, age 50, holds an operator's license 
in Florida.
    Benjamin Lockwood: Mr. Lockwood, age 27, holds an operator's 
license in Texas.
    Stephen O. Lothamer: Mr. Lothamer, age 55, holds a class A CDL in 
Michigan.
    Pete Love, Jr.: Mr. Love, age 43, holds an operator's license in 
Nebraska.
    John R. Martikainen: Mr. Martikainen, age 38, holds an operator's 
license in Connecticut.
    Cory McDaniel: Mr. McDaniel, age 29, holds an operator's license in 
Pennsylvania.
    Jamarques McMahon: Mr. McMahon, age 24, holds an operator's license 
in Texas.
    Ty McRae: Mr. McRae, age 23, holds an operator's license in 
Georgia.
    David W. Morgan: Mr. Morgan, age 47, holds an operator's license in 
Idaho.
    Coltin Mueller: Mr. Mueller, age 21, holds an operator's license in 
Wisconsin.
    Eddie P. Naquin: Mr. Naquin, age 47, holds an operator's license in 
Texas.
    Ernest O. Noel: Mr. Noel, age 41, holds an operator's license in 
Indiana.
    Robert C. Oliver: Mr. Oliver, age 45, holds a class A CDL in 
Washington.
    Tim S. Oyler: Mr. Oyler, age 48, holds a class A CDL in Utah.
    Douglas Pfueger: Mr. Pfueger, age 52, holds an operator's license 
in Missouri.
    Charles L. Pitt: Mr. Pitt, age 53, holds an operator's license in 
Alabama.
    Jonathan Pitts: Mr. Pitts, age 47, holds an operator's license in 
Maryland.
    Robert F. Quintero: Mr. Quintero, age 62, holds an operator's 
license in Illinois.
    Jonathan Ramos: Mr. Ramos, age 30, holds an operator's license in 
Nebraska.
    James E. Redmond: Mr. Redmond, age 43, holds an operator's license 
in Illinois.
    Lucas Robinson: Mr. Robinson, age 37, holds an operator's license 
in Ohio.
    David Rowe: Mr. Rowe, age 41, holds an operator's license in 
Colorado.
    Dustin Sargent: Mr. Sargent, age 31, holds an operator's license in 
Texas.
    Carl Seabough: Mr. Seabough, age 46, Holds an operator's license in 
Florida.
    Johnny Seng: Mr. Seng, age 22, holds an operator's license in Rhode 
Island.
    Michael Singleton: Mr. Singleton, age 44, holds an operator's 
license in Texas.
    Marshall Smith: Mr. Smith, age 32, holds an operator's license in 
Texas.
    Lonnie D. Stockton: Mr. Stockton, age 52, holds an operator's 
license in Texas.
    Robert S. Swafford: Mr. Swafford, age 31, holds an operator's 
license in Oklahoma.
    Michael N. Swetnam: Mr. Swetnam, age 63, holds a class A CDL in 
Texas.
    Courtney D. Turner: Ms. Turner, age 38, holds a class A CDL in 
Virginia.
    Corey Twombly: Mr. Twombly, age 27, holds an operator's license in 
New York.
    Gary Wallace: Mr. Wallace, age 60, holds a class A CDL in North 
Carolina.
    James R. Wilson: Mr. Wilson, age 40, holds an operator's license in 
Mississippi.
    Melanie Wilson: Ms. Wilson, age 53, holds an operator's license in 
Texas.
    Ricky M. Winslow: Mr. Winslow, age 56, holds a class A CDL in 
Michigan.
    Jerry E. Wright: Mr. Wright, age 63, holds a class A CDL in North 
Carolina.
    Kedir Yimamu: Mr. Yimamu, age 34, holds an operator's license in 
Virginia.
    Edward J. Zozaya: Mr. Zozaya, age 34, holds an operator's license 
in Arizona.

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 dates 
section of the notice.

III. 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

[[Page 47296]]

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-2016-0004 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 materials received during the 
comment period. FMCSA may issue a final determination any time after 
the close of the comment period.

IV. 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-2016-0004 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-21896 Filed 10-10-17; 8:45 am]
 BILLING CODE 4910-EX-P

47294 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 2017, and will expire on August 30, • Fax: 1–202–493–2251. The 91 individuals listed in this 2019. Instructions: Each submission must notice have requested an exemption In accordance with 49 U.S.C. 31315, include the Agency name and the from the hearing requirement in 49 CFR each exemption will be valid for two docket number(s) for this notice. Note 391.41(b)(11). Accordingly, the Agency years from the applicable date unless that all comments received will be will evaluate the qualifications of each revoked earlier by FMCSA. The posted without change to http:// applicant to determine whether granting exemption will be revoked if the www.regulations.gov, including any the exemption will achieve the required following occurs: (1) The person fails to personal information provided. Please level of safety mandated by statute. comply with the terms and conditions see the Privacy Act heading below for The physical qualification standard of the exemption; (2) the exemption has further information. for drivers regarding hearing found in resulted in a lower level of safety than Docket: For access to the docket to 49 CFR 391.41(b)(11) states that a was maintained prior to being granted; read background documents or person is physically qualified to drive a or (3) continuation of the exemption comments, go to http:// CMV if that person: would not be consistent with the goals www.regulations.gov at any time or First perceives a forced whispered voice in and objectives of 49 U.S.C. 31136 and Room W12–140 on the ground level of the better ear at not less than 5 feet with or 31315. the West Building, 1200 New Jersey without the use of a hearing aid or, if tested Issued on: October 2, 2017. Avenue SE., Washington, DC, between 9 by use of an audiometric device, does not a.m. and 5 p.m., ET, Monday through have an average hearing loss in the better ear Larry W. Minor, greater than 40 decibels at 500 Hz, 1,000 Hz, Associate Administrator for Policy. Friday, except Federal holidays. The and 2,000 Hz with or without a hearing aid [FR Doc. 2017–21901 Filed 10–10–17; 8:45 am] FDMS is available 24 hours each day, when the audiometric device is calibrated to 365 days each year. If you want American National Standard (formerly ASA BILLING CODE 4910–EX–P acknowledgment that we received your Standard) Z24.5—1951. comments, please include a self- This standard was adopted in 1970 DEPARTMENT OF TRANSPORTATION addressed, stamped envelope or and was revised in 1971 to allow drivers postcard or print the acknowledgement to be qualified under this standard Federal Motor Carrier Safety page that appears after submitting while wearing a hearing aid, 35 FR Administration comments online. 6458, 6463 (April 22, 1970) and 36 FR Privacy Act: In accordance with 5 12857 (July 3, 1971). [Docket No. FMCSA–2017–0058] U.S.C. 553(c), DOT solicits comments On February 1, 2013, FMCSA Qualification of Drivers; Exemption from the public to better inform its announced in a Notice of Final Applications; Hearing rulemaking process. DOT posts these Disposition titled, Qualification of comments, without edit, including any Drivers; Application for Exemptions; AGENCY: Federal Motor Carrier Safety personal information the commenter National Association of the Deaf, (78 FR Administration (FMCSA), DOT. provides, to http://www.regulations.gov, 7479), its decision to grant requests from ACTION: Notice of applications for as described in the system of records 40 individuals for exemptions from the exemption; request for comments. notice (DOT/ALL–14 FDMS), which can Agency’s physical qualification be reviewed at http://www.dot.gov/ standard concerning hearing for SUMMARY: FMCSA announces receipt of privacy. applications from 91 individuals for an interstate CMV drivers. Since the exemption from the hearing requirement FOR FURTHER INFORMATION CONTACT: Ms. February 1, 2013 notice, the Agency has in the Federal Motor Carrier Safety Christine A. Hydock, Chief, Medical published additional notices granting Regulations (FMCSRs) to operate a Programs Division, (202) 366–4001, requests from hard of hearing and deaf commercial motor vehicle (CMV) in fmcsamedical@dot.gov, FMCSA, individuals for exemptions from the interstate commerce. If granted, the Department of Transportation, 1200 Agency’s physical qualification exemptions would enable these hard of New Jersey Avenue SE., Room W64– standard concerning hearing for hearing and deaf individuals to operate 224, Washington, DC 20590–0001. interstate CMV drivers. CMVs in interstate commerce. Office hours are 8:30 a.m. to 5 p.m., ET, II. Qualifications of Applicants DATES: Comments must be received on Monday through Friday, except Federal holidays. If you have questions Mario Alvarado: Mr. Alvarado, age 28, or before November 13, 2017. holds an operator’s license in California. ADDRESSES: You may submit comments regarding viewing or submitting material to the docket, contact Docket Shey C. Amberson: Mr. Amberson, age bearing the Federal Docket Management 39, holds an operator’s license in System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. Florida. 2016–0004 using any of the following SUPPLEMENTARY INFORMATION: Kasseth Andrews: Mr. Andrews, age methods: I. Background 33, holds an operator’s license in • Federal eRulemaking Portal: Go to Massachusetts. http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, Steven Andrews: Mr. Andrews, age online instructions for submitting FMCSA may grant an exemption from 33, holds an operator’s license in comments. the FMCSRs for a five-year period if it Florida. • Mail: Docket Management Facility, finds ‘‘such exemption would likely Randy Bailey: Mr. Bailey, age 36, U.S. Department of Transportation, 1200 achieve a level of safety that is holds an operator’s license in New asabaliauskas on DSKBBXCHB2PROD with NOTICES New Jersey Avenue SE., West Building equivalent to or greater than the level Jersey. Ground Floor, Room W12–140, that would be achieved absent such Ivan Batista: Mr. Batista, age 36, holds Washington, DC 20590–0001. exemption.’’ The statute also allows the an operator’s license in New Jersey. • Hand Delivery: West Building Agency to renew exemptions at the end Larry G. Beeson: Mr. Beeson, age 75, Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants holds a class B CDL in North Carolina. New Jersey Avenue SE., Washington, exemptions from the FMCSRs for a two- Deontae Blanks: Mr. Blanks, age 34, DC, between 9 a.m. and 5 p.m., ET, year period to align with the maximum holds an operator’s license in Texas. Monday through Friday, except Federal duration of a driver’s medical Daryl A. Broker: Mr. Broker, age 63, Holidays. certification. holds a class A CDL in Minnesota. VerDate Sep<11>2014 17:58 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1

Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47295 Justin Brooks: Mr. Brooks, age 37, Charles Holbrook: Mr. Holbroon, age Jonathan Pitts: Mr. Pitts, age 47, holds holds an operator’s license in 47, holds a class A CDL in Maryland. an operator’s license in Maryland. Washington. Paul Hoover: Mr. Hoover, age 30, Robert F. Quintero: Mr. Quintero, age Daniel Camp: Mr. Camp, age 28, holds holds a class A CDL in Pennsylvania. 62, holds an operator’s license in an operator’s license in Georgia. Buford G. Hudson: Mr. Hudson, age Illinois. Joseph Caplan: Mr. Caplan, age 67, 50, holds an operator’s license in Jonathan Ramos: Mr. Ramos, age 30, holds a class A CDL in Connecticut. Kentucky. holds an operator’s license in Nebraska. Vincente Carreon: Mr. Carreon, age Thomas Jensen: Mr. Jensen, age 55, James E. Redmond: Mr. Redmond, age 55, holds a class A CDL in Texas. holds a class A CDL in Iowa. 43, holds an operator’s license in Richard N. Casto: Mr. Casto, age 49, Charles J. Jernigan, Jr.: Mr. Jernigan, Illinois. holds an operator’s license in Ohio. age 54, holds an operator’s license in Lucas Robinson: Mr. Robinson, age Blair D. Chappell: Mr. Chappell, age South Carolina. 37, holds an operator’s license in Ohio. 35, holds an operator’s license in James M. Johnson: Mr. Johnson, age David Rowe: Mr. Rowe, age 41, holds Pennsylvania. 46, holds a class A CDL in Minnesota. an operator’s license in Colorado. Christa B. Coppley: Ms. Coppley, age Matthew Jones: Mr. Jones, age 43, Dustin Sargent: Mr. Sargent, age 31, 43, holds an operator’s license in North holds an operator’s license in California. holds an operator’s license in Texas. Carolina. Ronald L. Jones: Mr. Jones, age 61, Carl Seabough: Mr. Seabough, age 46, Leslie Crump: Mr. Crump, age 43, holds an operator’s license in Holds an operator’s license in Florida. holds an operator’s license in Indiana. Oklahoma. Johnny Seng: Mr. Seng, age 22, holds William Darnell: Mr. Darnell, age 43, Wayne A. Kramas: Mr. Kramas, age an operator’s license in Rhode Island. holds a class A CDL in Arizona. 53, holds an operator’s license in Michael Singleton: Mr. Singleton, age Travis K. Davisson: Mr. Davisson, age Wisconsin. 44, holds an operator’s license in Texas. 43, holds a class A CDL in Iowa. Daniel Krystosek: Mr. Krystosek, age Marshall Smith: Mr. Smith, age 32, Sean M. Dearsman: Mr. Dearsman, 25, holds a class A CDL in Minnesota. holds an operator’s license in Texas. age 39, holds an operator’s license in Nicholas Kulasa: Mr. Kulasa, age 32, Lonnie D. Stockton: Mr. Stockton, age Ohio. holds an operator’s license in Illinois. 52, holds an operator’s license in Texas. Shane DiBernado: Mr. DiBernado, age Ryan R. Larkin: Mr. Larkin, age 35, Robert S. Swafford: Mr. Swafford, age 22, holds an operator’s license in Holds an operator’s license in 31, holds an operator’s license in Colorado. Massachusetts. Oklahoma. James Edmonson: Mr. Edmonson, age Aaron S. Leader: Mr. Leader, age 36, Michael N. Swetnam: Mr. Swetnam, 35, holds an operator’s license in holds an operator’s license in Arizona. age 63, holds a class A CDL in Texas. Louisiana. Brian Levinson: Mr. Levinson, age 50, Courtney D. Turner: Ms. Turner, age Gary Effner: Mr. Effner, age 46, holds holds an operator’s license in Florida. 38, holds a class A CDL in Virginia. an operator’s license in Massachusetts. Benjamin Lockwood: Mr. Lockwood, Corey Twombly: Mr. Twombly, age Mitchell R. Estill: Mr. Estill, age 41, age 27, holds an operator’s license in 27, holds an operator’s license in New holds an operator’s license in Missouri. Texas. York. Jeremy Exum: Mr. Exum, age 41, Stephen O. Lothamer: Mr. Lothamer, Gary Wallace: Mr. Wallace, age 60, holds an operator’s license in Texas. age 55, holds a class A CDL in holds a class A CDL in North Carolina. William F. Farrell: Mr. Farrell, age 59, Michigan. James R. Wilson: Mr. Wilson, age 40, holds an operator’s license in Pete Love, Jr.: Mr. Love, age 43, holds holds an operator’s license in Wisconsin. an operator’s license in Nebraska. Mississippi. Lucius Fowler: Mr. Fowler, age 44, John R. Martikainen: Mr. Martikainen, Melanie Wilson: Ms. Wilson, age 53, holds an operator’s license in Illinois. age 38, holds an operator’s license in holds an operator’s license in Texas. Bruce Francechi: Mr. Francechi, age Connecticut. Ricky M. Winslow: Mr. Winslow, age 52, holds an operator’s license in New Cory McDaniel: Mr. McDaniel, age 29, 56, holds a class A CDL in Michigan. York. holds an operator’s license in Jerry E. Wright: Mr. Wright, age 63, Buddy Gann: Mr. Gann, age 39, holds Pennsylvania. holds a class A CDL in North Carolina. an operator’s license in Indiana. Jamarques McMahon: Mr. McMahon, Kedir Yimamu: Mr. Yimamu, age 34, Blanca Gerardo: Mr. Gerardo, age 43, age 24, holds an operator’s license in holds an operator’s license in Virginia. holds an operator’s license in Texas. Texas. Edward J. Zozaya: Mr. Zozaya, age 34, Teela Gilmore: Ms. Gilmore, age 41, Ty McRae: Mr. McRae, age 23, holds holds an operator’s license in Arizona. holds an operator’s license in Georgia. an operator’s license in Georgia. Douglas M. Gray: Mr. Gray, age 56, David W. Morgan: Mr. Morgan, age 47, Request for Comments holds a class A CDL in Oregon. holds an operator’s license in Idaho. In accordance with 49 U.S.C. 31136(e) John Grebenc: Mr. Grebenc, age 45, Coltin Mueller: Mr. Mueller, age 21, and 31315, FMCSA requests public holds a class A CDL in Minnesota. holds an operator’s license in comment from all interested persons on Kimberly Gumm: Ms. Gumm, age 56, Wisconsin. the exemption petitions described in holds a Class A CDL in Indiana. Eddie P. Naquin: Mr. Naquin, age 47, this notice. We will consider all Conrad Hause: Mr. Hause, age 36, holds an operator’s license in Texas. comments received before the close of holds an operator’s license in Maryland. Ernest O. Noel: Mr. Noel, age 41, business on the closing date indicated asabaliauskas on DSKBBXCHB2PROD with NOTICES John Hayt, III: Mr. Hayt, age 30, holds holds an operator’s license in Indiana. in the dates section of the notice. an operator’s license in Florida. Robert C. Oliver: Mr. Oliver, age 45, Raymond E. Henk: Mr. Henk, age 46, holds a class A CDL in Washington. III. Submitting Comments holds an operator’s license in Texas. Tim S. Oyler: Mr. Oyler, age 48, holds You may submit your comments and Jorge L. Hernandez: Mr. Hernandez, a class A CDL in Utah. material online or by fax, mail, or hand age 27, holds an operator’s license in Douglas Pfueger: Mr. Pfueger, age 52, delivery, but please use only one of Texas. holds an operator’s license in Missouri. these means. FMCSA recommends that Andrew J. Hippler: Mr. Hippler, age Charles L. Pitt: Mr. Pitt, age 53, holds you include your name and a mailing 43, holds a class A CDL in Idaho. an operator’s license in Alabama. address, an email address, or a phone VerDate Sep<11>2014 17:58 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1

47296 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices number in the body of your document these individuals to operate CMVs in CFR 391.41(b)(10) states that a person is so that FMCSA can contact you if there interstate commerce without meeting physically qualified to drive a CMV if are questions regarding your the vision requirement in one eye. that person: submission. DATES: The exemptions were applicable Has distant visual acuity of at least 20/40 To submit your comment online, go to on August 25, 2017. The exemptions (Snellen) in each eye without corrective http://www.regulations.gov and in the expire on August 25, 2019. lenses or visual acuity separately corrected to search box insert the docket number 20/40 (Snellen) or better with corrective FOR FURTHER INFORMATION CONTACT: Ms. FMCSA–2016–0004 and click the search lenses, distant binocular acuity of a least 20/ Christine A. Hydock, Chief, Medical button. When the new screen appears, 40 (Snellen) in both eyes with or without Programs Division, (202) 366–4001, corrective lenses, field of vision of at least click on the blue ‘‘Comment Now!’’ fmcsamedical@dot.gov, FMCSA, 70° in the horizontal meridian in each eye, button on the right hand side of the Department of Transportation, 1200 and the ability to recognize the colors of page. On the new page, enter New Jersey Avenue SE., Room W64– traffic signals and devices showing red, information required including the 224, Washington, DC 20590–0001. green, and amber. specific section of this document to Office hours are from 8:30 a.m. to 5 which each comment applies, and III. Discussion of Comments provide a reason for each suggestion or p.m., e.t., Monday through Friday, recommendation. If you submit your except Federal holidays. If you have FMCSA received no comments in this comments by mail or hand delivery, questions regarding viewing or proceeding. submit them in an unbound format, no submitting material to the docket, contact Docket Services, telephone (202) IV. Basis for Exemption Determination larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you 366–9826. Under 49 U.S.C. 31136(e) and 31315, submit comments by mail and would SUPPLEMENTARY INFORMATION: FMCSA may grant an exemption from like to know that they reached the the vision standard in 49 CFR I. Electronic Access 391.41(b)(10) if the exemption is likely facility, please enclose a stamped, self- addressed postcard or envelope. You may see all the comments online to achieve an equivalent or greater level We will consider all comments and through the Federal Document of safety than would be achieved materials received during the comment Management System (FDMS) at http:// without the exemption. The exemption period. FMCSA may issue a final www.regulations.gov. allows applicants to operate CMVs in determination any time after the close of Docket: For access to the docket to interstate commerce. the comment period. read background documents or The Agency’s decision regarding these comments, go to http:// exemption applications is based on IV. Viewing Comments and Documents www.regulations.gov and/or Room medical reports about the applicants’ To view comments, as well as any W12–140 on the ground level of the vision as well as their driving records documents mentioned in this preamble, West Building, 1200 New Jersey Avenue and experience driving with the vision go to http://www.regulations.gov and in SE., Washington, DC, between 9 a.m. deficiency. The qualifications, the search box insert the docket number and 5 p.m., e.t., Monday through Friday, experience, and medical condition of FMCSA–2016–0004 and click ‘‘Search.’’ except Federal holidays. each applicant were stated and Next, click ‘‘Open Docket Folder’’ and Privacy Act: In accordance with 5 discussed in detail in the July 25, 2017, you will find all documents and U.S.C. 553(c), DOT solicits comments Federal Register notice (82 FR 34564) comments related to this notice. from the public to better inform its and will not be repeated in this notice. rulemaking process. DOT posts these FMCSA recognizes that some drivers Issued on: October 2, 2017. comments, without edit, including any do not meet the vision requirement but Larry W. Minor, have adapted their driving to personal information the commenter Associate Administrator for Policy. accommodate their limitation and provides, to http://www.regulations.gov, [FR Doc. 2017–21896 Filed 10–10–17; 8:45 am] as described in the system of records demonstrated their ability to drive BILLING CODE 4910–EX–P notice (DOT/ALL–14 FDMS), which can safely. The 11 exemption applicants be reviewed at http://www.dot.gov/ listed in this notice are in this category. privacy. They are unable to meet the vision DEPARTMENT OF TRANSPORTATION requirement in one eye for various II. Background reasons, including amblyopia, Federal Motor Carrier Safety On July 25, 2017, FMCSA published enucleated eye, pars planitis, prosthetic Administration a notice announcing receipt of eye, and retinal detachment. In most [Docket No. FMCSA–2017–0020] applications from 11 individuals cases, their eye conditions were not requesting an exemption from vision recently developed. Nine of the Qualification of Drivers; Exemption requirement in 49 CFR 391.41(b)(10) applicants were either born with their Applications; Vision and requested comments from the vision impairments or have had them AGENCY: Federal Motor Carrier Safety public (82 FR 34564). The public since childhood. The two individuals Administration (FMCSA), DOT. comment period ended on August 24, that sustained their vision conditions as ACTION: Notice of final disposition. 2017, and no comments were received. adults have had it for a range of six to FMCSA has evaluated the eligibility nine years. Although each applicant has asabaliauskas on DSKBBXCHB2PROD with NOTICES SUMMARY: FMCSA announces its of these applicants and determined that one eye which does not meet the vision decision to exempt 11 individuals from granting the exemptions to these requirement in 49 CFR 391.41(b)(10), the vision requirement in the Federal individuals would achieve a level of each has at least 20/40 corrected vision Motor Carrier Safety Regulations safety equivalent to or greater than the in the other eye, and in a doctor’s (FMCSRs) to operate a commercial level that would be achieved by opinion, has sufficient vision to perform motor vehicle (CMV) in interstate complying with the current regulation all the tasks necessary to operate a CMV. commerce. They are unable to meet the 49 CFR 391.41(b)(10). Doctors’ opinions are supported by vision requirement in one eye for The physical qualification standard the applicants’ possession of a valid various reasons. The exemptions enable for drivers regarding vision found in 49 license to operate a CMV. By meeting VerDate Sep<11>2014 17:58 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1


Document Created: 2018-10-25 09:57:29
Document Modified: 2018-10-25 09:57:29
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 exemption; request for comments.
DatesComments must be received on or before November 13, 2017.
ContactMs. 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 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation82 FR 47294 
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