83 FR 2314 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 10 (January 16, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 10 (January 16, 2018)
| Page Range | 2314-2316 | |
| FR Document | 2018-00583 |
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)] [Notices] [Pages 2314-2316] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00583] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-FMCSA-2017-0057] Qualification of Drivers; Exemption Applications; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 46 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 February 15, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-FMCSA-2017-0057 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., e.t., 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., e.t., 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., e.t., 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 46 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 [[Page 2315]] 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 David Alaniz Mr. Alaniz, age 21, holds an operator's license in Wyoming. Marion Bennett, Jr. Mr. Bennett, age 41, holds an operator's license in Maryland. Gordon R. Boerner Mr. Boerner, age 55, holds an operator's license in Maine. Tom M. Booe Mr. Booe, age 66, holds a class A CDL in Nebraska. Roy E. Bowers Mr. Bowers, age 62, holds a class A CDL in Georgia. Richard M. Davis Mr. Davis, age 62, holds a class A CDL in Ohio. Rivera De Jesus Mr. Rivera De Jesus, age 34, holds an operator's license in Texas. Christian DeNight Mr. DeNight, age 48, holds an operator's license in Florida. Richard Doi Mr. Doi, age 32, holds an operator's license in Arizona. Trey Duncan Mr Duncan, age 30, holds an operator's license in Texas. Jean D. Dutes Mr. Dutes, age 24, holds an operator's license in Florida. Edward Elertson Mr. Elertson, age 57, holds an operator's license in Wyoming. Stephan Eveland Mr. Eveland, age 32, holds an operator's license in Florida. Richard L. Frueke Mr. Freuke, age holds a class A CDL in Illinois. Edison M. Garcia Mr. Garcia, age 26, holds an operator's license in Maryland. Adam M. Hayes Mr. Hayes, age 34, holds an operator's license in California. Sean Hunt Mr. Hunt, age 23, holds an operator's license in Texas. Charles W. Jones Mr. Jones, age 66, holds a class B CDL in Florida. James T. Laughrey Mr. Laughrey, age 53, holds a class A CDL in Kansas. Jerry L. Lewis Mr. Lewis, age 48, holds a class A CDL in North Carolina. Michael Lidster Mr. Lidster, age 28, holds an operator's license in Illinois. Stavros Likouris Mr. Likouris, age 38, holds an operator's license in Ohio. Adrian Lopez Mr. Lopez, age 32, holds an operator's license in Texas. Derrick J. Marceaux Mr. Marceaus, age 34, holds an operator's license in Lousiana. John E. Mayhew Mr. Mayhew, age 52, holds an operator's license in Kansas. JeMichael McCoy Mr. McCoy, age 26, holds an operator's license in Lousiana. Magdalene McLaughlin Ms. McLaughlin, age 30, holds an operator's license in Maryland. Pablo Muniz Mr. Muniz, age 52, holds a class A CDL in Florida. Dario Novoa Mr. Novoa, age 62, holds a class A CDL in Florida. Hugo Paniagua Mr. Paniagua, age 26, holds an operator's license in California. Calvin Payne Mr. Payne, age 26, holds an operator's license in Maryland. Joseph R. Piros Mr. Piros, age 47, holds a class A CDL in California. Michael Quinonez Mr. Quinonez, age 26, holds an operator's license in Texas. Khon Saysanam Mr. Saysanam, age 38, holds an operator's license in Texas. Jeffrey W. Schulkers Mr Schulkers, age 48, holds a class A CDL in Kentucky. Stephan W. Stotts, Jr. Mr. Stotts, age 31, holds a class A CDL in Ohio. Teddy Rosevelt Tice Mr. Tice, age 48, holds an operator's license in New York. William Tassell Mr. Tassell, age 55, holds an operator's license in Ohio. Daniel R. Taylor Mr. Taylor, age 31, holds an operator's license in Alabama. Jason C. Thomas Mr. Thomas, age 32, holds an operator's license in Texas. Roderick B. Thomas Mr. Thomas, age 53, holds a class A CDL in Georgia. Joshua Tinley Mr. Tinley, age 29, holds an operator's license in Arizona. Carlos Torres Mr. Torres, age 41, holds an operator's license in Ohio. Allen Whitener Mr. Whitener, age 68, holds an operator's license in Texas. Kerri M. Wright Ms. Wright, age 41, holds an operator's license in Oklahoma. 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 [[Page 2316]] comments received before the close of business on the closing date indicated in the dates 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-2017-0057 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. 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-2017-0057 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: January 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-00583 Filed 1-12-18; 8:45 am] BILLING CODE 4910-EX-P
![2314 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
III. Request for Comments DEPARTMENT OF TRANSPORTATION comments, please include a self-
addressed, stamped envelope or
In accordance with 49 U.S.C. 31136(e) Federal Motor Carrier Safety postcard or print the acknowledgement
and 31315, FMCSA requests public Administration page that appears after submitting
comment from all interested persons on comments online.
the exemption petitions described in [Docket No. FMCSA–FMCSA–2017–0057]
Privacy Act: In accordance with 5
this notice. We will consider all Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
comments and material received before Applications; Hearing from the public to better inform its
the close of business on the closing date rulemaking process. DOT posts these
indicated in the dates section of the AGENCY: Federal Motor Carrier Safety comments, without edit, including any
notice. Administration (FMCSA), DOT. personal information the commenter
ACTION: Notice of applications for provides, to http://www.regulations.gov,
IV. Submitting Comments exemption; request for comments. as described in the system of records
You may submit your comments and notice (DOT/ALL–14 FDMS), which can
SUMMARY: FMCSA announces receipt of be reviewed at http://www.dot.gov/
material online or by fax, mail, or hand applications from 46 individuals for an privacy.
delivery, but please use only one of exemption from the hearing requirement
these means. FMCSA recommends that FOR FURTHER INFORMATION CONTACT: Ms.
in the Federal Motor Carrier Safety
you include your name and a mailing Christine A. Hydock, Chief, Medical
Regulations (FMCSRs) to operate a
address, an email address, or a phone Programs Division, (202) 366–4001,
commercial motor vehicle (CMV) in
number in the body of your document fmcsamedical@dot.gov, FMCSA,
interstate commerce. If granted, the
so that FMCSA can contact you if there Department of Transportation, 1200
exemptions would enable these hard of
are questions regarding your New Jersey Avenue SE, Room W64–224,
hearing and deaf individuals to operate
submission. Washington, DC 20590–0001. Office
CMVs in interstate commerce.
hours are 8:30 a.m. to 5 p.m., e.t.,
To submit your comment online, go to DATES: Comments must be received on Monday through Friday, except Federal
http://www.regulations.gov and in the or before February 15, 2018. holidays. If you have questions
search box insert the docket number ADDRESSES: You may submit comments regarding viewing or submitting
FMCSA–2017–0026 and click the search bearing the Federal Docket Management material to the docket, contact Docket
button. When the new screen appears, System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
click on the blue ‘‘Comment Now!’’ FMCSA–2017–0057 using any of the SUPPLEMENTARY INFORMATION:
button on the right hand side of the following methods:
page. On the new page, enter • Federal eRulemaking Portal: Go to I. Background
information required including the http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
specific section of this document to online instructions for submitting FMCSA may grant an exemption from
which each comment applies, and comments. the FMCSRs for a five-year period if it
provide a reason for each suggestion or • Mail: Docket Management Facility; finds ‘‘such exemption would likely
recommendation. If you submit your U.S. Department of Transportation, 1200 achieve a level of safety that is
comments by mail or hand delivery, New Jersey Avenue SE, West Building equivalent to or greater than the level
submit them in an unbound format, no Ground Floor, Room W12–140, that would be achieved absent such
larger than 81⁄2 by 11 inches, suitable for Washington, DC 20590–0001. exemption.’’ The statute also allows the
• Hand Delivery: West Building Agency to renew exemptions at the end
copying and electronic filing. If you
Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
submit comments by mail and would
New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
like to know that they reached the
DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
facility, please enclose a stamped, self- Monday through Friday, except Federal duration of a driver’s medical
addressed postcard or envelope. Holidays. certification.
We will consider all comments and • Fax: 1–202–493–2251. The 46 individuals listed in this
materials received during the comment Instructions: Each submission must notice have requested an exemption
period. FMCSA may issue a final include the Agency name and the from the hearing requirement in 49 CFR
determination at any time after the close docket number(s) for this notice. Note 391.41(b)(11). Accordingly, the Agency
of the comment period. that all comments received will be will evaluate the qualifications of each
posted without change to http:// applicant to determine whether granting
V. Viewing Comments and Documents www.regulations.gov, including any the exemption will achieve the required
To view comments, as well as any personal information provided. Please level of safety mandated by statute.
documents mentioned in this preamble, see the Privacy Act heading below for The physical qualification standard
further information. for drivers regarding hearing found in
go to http://www.regulations.gov and in
Docket: For access to the docket to 49 CFR 391.41(b)(11) states that a
the search box insert the docket number
read background documents or person is physically qualified to drive a
FMCSA–2017–0026 and click ‘‘Search.’’ comments, go to http:// CMV if that person first perceives a
Next, click ‘‘Open Docket Folder’’ and www.regulations.gov at any time or forced whispered voice in the better ear
you will find all documents and Room W12–140 on the ground level of at not less than 5 feet with or without
daltland on DSKBBV9HB2PROD with NOTICES
comments related to this notice. the West Building, 1200 New Jersey the use of a hearing aid or, if tested by
Issued on: January 5, 2018. Avenue SE, Washington, DC, between 9 use of an audiometric device, does not
Larry W. Minor, a.m. and 5 p.m., e.t., Monday through have an average hearing loss in the
Associate Administrator for Policy.
Friday, except Federal holidays. The better ear greater than 40 decibels at 500
FDMS is available 24 hours each day, Hz, 1,000 Hz, and 2,000 Hz with or
[FR Doc. 2018–00581 Filed 1–12–18; 8:45 am]
365 days each year. If you want without a hearing aid when the
BILLING CODE 4910–EX–P acknowledgment that we received your audiometric device is calibrated to
VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1](https://thefederalregister.org/doc/83_FR_2324/page/1.svg)
![2316 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
comments received before the close of DEPARTMENT OF TRANSPORTATION FDMS is available 24 hours each day,
business on the closing date indicated 365 days each year. If you want
in the dates section of the notice. Federal Motor Carrier Safety acknowledgment that we received your
Administration comments, please include a self-
IV. Submitting Comments addressed, stamped envelope or
[Docket No. FMCSA–2015–0355; FMCSA–
You may submit your comments and 2015–0325] postcard or print the acknowledgement
material online or by fax, mail, or hand page that appears after submitting
Qualification of Drivers; Exemption comments online.
delivery, but please use only one of
Applications; Hearing Privacy Act: In accordance with 5
these means. FMCSA recommends that U.S.C. 553(c), DOT solicits comments
you include your name and a mailing AGENCY: Federal Motor Carrier Safety from the public to better inform its
address, an email address, or a phone Administration (FMCSA), DOT. rulemaking process. DOT posts these
number in the body of your document ACTION: Notice of renewal of comments, without edit, including any
so that FMCSA can contact you if there exemptions; request for comments. personal information the commenter
are questions regarding your provides, to http://www.regulations.gov,
submission. SUMMARY: FMCSA announces its
decision to renew exemptions for 3 as described in the system of records
To submit your comment online, go to individuals from the hearing notice (DOT/ALL–14 FDMS), which can
http://www.regulations.gov and in the requirement in the Federal Motor be reviewed at http://www.dot.gov/
search box insert the docket number Carrier Safety Regulations (FMCSRs) for privacy.
FMCSA–2017–0057 and click the search interstate commercial motor vehicle FOR FURTHER INFORMATION CONTACT: Ms.
button. When the new screen appears, (CMV) drivers. The exemptions enable Christine A. Hydock, Chief, Medical
click on the blue ‘‘Comment Now!’’ these hard of hearing and deaf Programs Division, 202–366–4001,
button on the right hand side of the individuals to continue to operate CMVs fmcsamedical@dot.gov, FMCSA,
page. On the new page, enter in interstate commerce. Department of Transportation, 1200
information required including the DATES: The exemptions were applicable New Jersey Avenue SE, Room W64–224,
specific section of this document to on November 5, 2017. The exemptions Washington, DC 20590–0001. Office
which each comment applies, and expire on November 5, 2019. Comments hours are from 8:30 a.m. to 5 p.m., e.t.,
provide a reason for each suggestion or must be received on or before February Monday through Friday, except Federal
recommendation. If you submit your 15, 2018. holidays. If you have questions
comments by mail or hand delivery, ADDRESSES: You may submit comments regarding viewing or submitting
submit them in an unbound format, no bearing the Federal Docket Management material to the docket, contact Docket
larger than 81⁄2 by 11 inches, suitable for System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
copying and electronic filing. If you 2015–0355; FMCSA–2015–0325; using SUPPLEMENTARY INFORMATION:
submit comments by mail and would any of the following methods: I. Background
like to know that they reached the • Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
facility, please enclose a stamped, self-
online instructions for submitting FMCSA may grant an exemption for five
addressed postcard or envelope. years if it finds ‘‘such exemption would
comments.
We will consider all comments and • Mail: Docket Management Facility; likely achieve a level of safety that is
materials received during the comment U.S. Department of Transportation, 1200 equivalent to or greater than the level
period. FMCSA may issue a final New Jersey Avenue SE, West Building that would be achieved absent such
determination any time after the close of Ground Floor, Room W12–140, exemption.’’ The statute also allows the
the comment period. Washington, DC 20590–0001. Agency to renew exemptions at the end
• Hand Delivery: West Building of the five-year period. FMCSA grants
V. Viewing Comments and Documents exemptions from the FMCSRs for a two-
Ground Floor, Room W12–140, 1200
To view comments, as well as any New Jersey Avenue SE, Washington, year period to align with the maximum
documents mentioned in this preamble, DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical
go to http://www.regulations.gov and in Monday through Friday, except Federal certification.
Holidays. The physical qualification standard
the search box insert the docket number
• Fax: 1–202–493–2251. for drivers regarding hearing found in
FMCSA–2017–0057 and click ‘‘Search.’’ 49 CFR 391.41(b)(11) states that a
Instructions: Each submission must
Next, click ‘‘Open Docket Folder’’ and include the Agency name and the person is physically qualified to driver
you will find all documents and docket number(s) for this notice. Note a CMV if that person first perceives a
comments related to this notice. that all comments received will be forced whispered voice in the better ear
Issued on: January 5, 2018. posted without change to http:// at not less than 5 feet with or without
Larry W. Minor, www.regulations.gov, including any the use of a hearing aid or, if tested by
Associate Administrator for Policy. personal information provided. Please use of an audiometric device, does not
see the Privacy Act heading below for have an average hearing loss in the
[FR Doc. 2018–00583 Filed 1–12–18; 8:45 am]
further information. better ear greater than 40 decibels at 500
BILLING CODE 4910–EX–P Docket: For access to the docket to Hz, 1,000 Hz, and 2,000 Hz with or
read background documents or without a hearing aid when the
daltland on DSKBBV9HB2PROD with NOTICES
comments, go to http:// audiometric device is calibrated to
www.regulations.gov at any time or American National Standard (formerly
Room W12–140 on the ground level of ASA Standard) Z24.5—1951.
the West Building, 1200 New Jersey 49 CFR 391.41(b)(11) was adopted in
Avenue SE, Washington, DC, between 9 1970, with a revision in 1971 to allow
a.m. and 5 p.m., e.t., Monday through drivers to be qualified under this
Friday, except Federal holidays. The standard while wearing a hearing aid,
VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00186 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1](https://thefederalregister.org/doc/83_FR_2324/page/3.svg)
Document Created: 2018-01-13 02:02:30
Document Modified: 2018-01-13 02:02:30
| 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 exemption; request for comments. | |
| Dates | Comments must be received on or before February 15, 2018. | |
| 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., e.t., 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 Citation | 83 FR 2314 |
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