83 FR 8567 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range		8567-8568
FR Document		2018-03942

FMCSA announces receipt of applications from 30 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 83 Issue 39 (Tuesday, February 27, 2018)

[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8567-8568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03942]



[[Page 8567]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0059]


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 30 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 March 29, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA- 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 30 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

    Kathleen A. Abenchuchan Ms. Abunchuchan, age 61, holds an 
operator's license in Iowa.
    Maurice Abenchuchan Mr. Abenchuchan, age 33, holds an operator's 
license in Iowa.
    Cory Lee Adkins Mr. Adkins, age 40, holds an operator's license in 
Ohio.
    James Bogart Mr. Bogart, age 34, holds an operator's license in 
Kansas.
    Johnny D. Brewer Mr. Brewer, age 47, holds an operator's license in 
Ohio.
    Forrest Carroll Mr. Carroll, age 51, holds an operator's license in 
Ohio.
    James G. Carter Mr Carter, age 28, holds an operator's license in 
Georgia.
    Julian V. Faire, Jr. Mr. Faire, age 47, holds an operator's license 
in California.
    Jeffrey Farrington Mr. Farrington, age33, holds an operator's 
license in New York.
    Barry E. Felton, Sr. Mr. Felton, age 47, holds an operator's 
license in Delaware.
    Samuel Fernandez Mr. Fernandez, age 43, holds an operator's license 
in Florida.
    Jada Hart Mr. Hart, age 31, holds an operator's license in Iowa.
    Harold C. Johnson Mr. Johnson, age 66, holds a class A CDL in 
Pennsylvania.
    Paul Klug Mr. Klug, age 62, holds a class A CDL in IA.
    Cody Lauritsen Mr. Lauritsen, age35, holds an operator's license in 
Nebraska.
    Dayton Lawson, Jr. Mr. Lawson, age 53, holds a class A CDL in 
Michigan.
    Berenice Martinez Ms. Martinez, age 34, holds an operator's license 
in Texas.
    Scott Miller Mr. Miller, age 58, holds an operator's license in 
Iowa.

[[Page 8568]]

    Michael A. Murrah Mr. Murrah, age 34, holds an operator's license 
in Illinois.
    Kenneth Novcaski Mr. Novcaski, age 59, holds a class B CDL in 
Arizona.
    Kiley C. Peterson Ms. Peterson, age 27, holds an operator's license 
in Iowa.
    John See Mr. See, age 69, holds a class A CDL in Ohio.
    Michael Sepulvedo Mr. Sepulvedo, age 54, holds an operator's 
license in Colorado.
    Darren Talley Mr. Talley, age 53, holds a class A CDL in Lousiana.
    Frankie D. Tarlton Mr. Tarlton, age 73, holds a class A CDL in 
North Carolina.
    Dianna P. Turner Ms Turner, age 39, holds a class A CDL in New 
Jersey.
    Dirk M. Vanderspek Mr. Vanderspek, age 58, holds a class A CDL in 
Utah.
    Thomas K. Warner II Mr. Warner, age 48, holds an operator's license 
in Washington.
    Tommy M. Weldon Mr. Weldon, age 55, holds an operator's license in 
Georgia.
    Johnny Wu Mr. Wu, age 25, holds an operator's license in Delaware.

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 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-2017-0059 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: February 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03942 Filed 2-26-18; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices 8567

DEPARTMENT OF TRANSPORTATION addressed, stamped envelope or American National Standard (formerly
postcard or print the acknowledgement ASA Standard) Z24.5—1951.
Federal Motor Carrier Safety page that appears after submitting This standard was adopted in 1970
Administration comments online. and was revised in 1971 to allow drivers
Privacy Act: In accordance with 5 to be qualified under this standard
[Docket No. FMCSA–2017–0059]
U.S.C. 553(c), DOT solicits comments while wearing a hearing aid, 35 FR
Qualification of Drivers; Exemption from the public to better inform its 6458, 6463 (April 22, 1970) and 36 FR
Applications; Hearing rulemaking process. DOT posts these 12857 (July 3, 1971).
comments, without edit, including any On February 1, 2013, FMCSA
AGENCY: Federal Motor Carrier Safety personal information the commenter announced in a Notice of Final
Administration (FMCSA), DOT. provides, to http://www.regulations.gov, Disposition titled, Qualification of
ACTION: Notice of applications for as described in the system of records Drivers; Application for Exemptions;
exemption; request for comments. notice (DOT/ALL–14 FDMS), which can National Association of the Deaf, (78 FR
be reviewed at http://www.dot.gov/ 7479), its decision to grant requests from
SUMMARY: FMCSA announces receipt of privacy. 40 individuals for exemptions from the
applications from 30 individuals for an Agency’s physical qualification
exemption from the hearing requirement FOR FURTHER INFORMATION CONTACT: Ms. standard concerning hearing for
in the Federal Motor Carrier Safety Christine A. Hydock, Chief, Medical interstate CMV drivers. Since the
Regulations (FMCSRs) to operate a Programs Division, (202) 366–4001, February 1, 2013 notice, the Agency has
commercial motor vehicle (CMV) in fmcsamedical@dot.gov, FMCSA, published additional notices granting
interstate commerce. If granted, the Department of Transportation, 1200 requests from hard of hearing and deaf
exemptions would enable these hard of New Jersey Avenue SE, Room W64–224, individuals for exemptions from the
hearing and deaf individuals to operate Washington, DC 20590–0001. Office Agency’s physical qualification
CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., e.t., standard concerning hearing for
DATES: Comments must be received on Monday through Friday, except Federal interstate CMV drivers.
or before March 29, 2018. holidays. If you have questions
regarding viewing or submitting II. Qualifications of Applicants
ADDRESSES: You may submit comments
material to the docket, contact Docket Kathleen A. Abenchuchan Ms.
bearing the Federal Docket Management Services, telephone (202) 366–9826.
System (FDMS) Docket No. FMCSA- Abunchuchan, age 61, holds an
using any of the following methods: SUPPLEMENTARY INFORMATION: operator’s license in Iowa.
Maurice Abenchuchan Mr.
• Federal eRulemaking Portal: Go to I. Background Abenchuchan, age 33, holds an
http://www.regulations.gov. Follow the
Under 49 U.S.C. 31136(e) and 31315, operator’s license in Iowa.
online instructions for submitting
FMCSA may grant an exemption from Cory Lee Adkins Mr. Adkins, age 40,
comments.
holds an operator’s license in Ohio.
• Mail: Docket Management Facility; the FMCSRs for a five-year period if it
finds ‘‘such exemption would likely James Bogart Mr. Bogart, age 34,
U.S. Department of Transportation, 1200
achieve a level of safety that is holds an operator’s license in Kansas.
New Jersey Avenue SE, West Building Johnny D. Brewer Mr. Brewer, age
Ground Floor, Room W12–140, equivalent to or greater than the level
that would be achieved absent such 47, holds an operator’s license in Ohio.
Washington, DC 20590–0001. Forrest Carroll Mr. Carroll, age 51,
• Hand Delivery: West Building exemption.’’ The statute also allows the
holds an operator’s license in Ohio.
Ground Floor, Room W12–140, 1200 Agency to renew exemptions at the end
of the five-year period. FMCSA grants James G. Carter Mr Carter, age 28,
New Jersey Avenue SE, Washington, holds an operator’s license in Georgia.
DC, between 9 a.m. and 5 p.m., e.t., exemptions from the FMCSRs for a two-
Julian V. Faire, Jr. Mr. Faire, age 47,
Monday through Friday, except Federal year period to align with the maximum
holds an operator’s license in California.
Holidays. duration of a driver’s medical
Jeffrey Farrington Mr. Farrington,
• Fax: 1–202–493–2251. certification.
age33, holds an operator’s license in
Instructions: Each submission must The 30 individuals listed in this New York.
include the Agency name and the notice have requested an exemption Barry E. Felton, Sr. Mr. Felton, age
docket number(s) for this notice. Note from the hearing requirement in 49 CFR 47, holds an operator’s license in
that all comments received will be 391.41(b)(11). Accordingly, the Agency Delaware.
posted without change to http:// will evaluate the qualifications of each Samuel Fernandez Mr. Fernandez,
www.regulations.gov, including any applicant to determine whether granting age 43, holds an operator’s license in
personal information provided. Please the exemption will achieve the required Florida.
see the Privacy Act heading below for level of safety mandated by statute. Jada Hart Mr. Hart, age 31, holds an
further information. The physical qualification standard operator’s license in Iowa.
Docket: For access to the docket to for drivers regarding hearing found in Harold C. Johnson Mr. Johnson, age
read background documents or 49 CFR 391.41(b)(11) states that a 66, holds a class A CDL in
comments, go to http:// person is physically qualified to drive a Pennsylvania.
www.regulations.gov at any time or CMV if that person first perceives a Paul Klug Mr. Klug, age 62, holds a
Room W12–140 on the ground level of forced whispered voice in the better ear class A CDL in IA.
the West Building, 1200 New Jersey at not less than 5 feet with or without Cody Lauritsen Mr. Lauritsen, age35,
daltland on DSKBBV9HB2PROD with NOTICES

Avenue SE, Washington, DC, between 9 the use of a hearing aid or, if tested by holds an operator’s license in Nebraska.
a.m. and 5 p.m., e.t., Monday through use of an audiometric device, does not Dayton Lawson, Jr. Mr. Lawson, age
Friday, except Federal holidays. The have an average hearing loss in the 53, holds a class A CDL in Michigan.
FDMS is available 24 hours each day, better ear greater than 40 decibels at 500 Berenice Martinez Ms. Martinez, age
365 days each year. If you want Hz, 1,000 Hz, and 2,000 Hz with or 34, holds an operator’s license in Texas.
acknowledgment that we received your without a hearing aid when the Scott Miller Mr. Miller, age 58, holds
comments, please include a self- audiometric device is calibrated to an operator’s license in Iowa.

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Document Created: 2018-02-27 01:14:56
Document Modified: 2018-02-27 01:14:56

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 March 29, 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 8567

83 FR 8567 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 39 (February 27, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration