Qualification of Drivers; Application for Exemptions; Hearing |
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Larry W. Minor
Department of Labor
July 16, 2013
[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)] [Notices] [Pages 42585-42587] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2013-17047] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA- 2013-0123] Qualification of Drivers; Application for Exemptions; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that 27 individuals have applied for a medical exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on these requests. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant theses requests after reviewing the public comments submitted in response to this notice, the exemptions would enable 27 individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before August 15, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA- 2013-0123 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., ET, 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., 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 on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief Medical Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background The Federal Motor Carrier Safety Administration has authority to grant exemptions from many of the Federal Motor Carrier Safety Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by Section 4007 of the Transportation Equity Act for the 21st Century (TEA- 21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA has published in 49 CFR part 381, subpart C final rules implementing the statutory changes in its exemption procedures made by section 4007, 69 FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart C, FMCSA must publish a notice of each exemption request in the Federal Register. The Agency must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted and any research reports, technical papers and other publications [[Page 42586]] referenced in the application. The Agency must also provide an opportunity to submit public comment on the applications for exemption. --------------------------------------------------------------------------- \1\ This action adopted as final rules the interim final rules issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)), and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)]. --------------------------------------------------------------------------- The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved without the exemption. The decision of the Agency must be published in the Federal Register. If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must also specify the effective period of the exemption (up to 2 years) and explain the terms and conditions of the exemption. The exemption may be renewed. The current provisions of the FMCSRs concerning hearing state 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. 49 CFR 391.41(b)(11). This standard was adopted in 1970, with a revision 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). FMCSA also issues instructions for completing the medical examination report and includes advisory criteria on the report itself to provide guidance for medical examiners in applying the hearing standard. See 49 CFR 391.43(f). The current advisory criteria for the hearing standard include a reference to a report entitled ``Hearing Disorders and Commercial Motor Vehicle Drivers'' prepared for the Federal Highway Administration, FMCSA's predecessor, in 1993.\2\ --------------------------------------------------------------------------- \2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm. --------------------------------------------------------------------------- FMCSA Requests Comments on the Exemption Applications FMCSA requests comments from all interested parties on whether a driver who cannot meet the hearing standard should be permitted to operate a CMV in interstate commerce. Further, the Agency asks for comments on whether a driver who cannot meet the hearing standard should be limited to operating only certain types of vehicles in interstate commerce, for example, vehicles without air brakes. The statute and implementing regulations concerning exemptions require that the Agency request public comments on all applications for exemptions. The Agency is also required to make a determination that an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption before granting any such requests. 49 U.S.C. 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-2013-0123'' 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[frac12] by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number ``FMCSA-2013-0123'' and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to the proposed rulemaking. Information on Individual Applicants James Allen Mr. Allen holds a driver's license from Vermont. Johsua Arango Mr. Arango holds a driver's license from Florida. Michael Beebe Mr. Beebe holds a driver's license from New Jersey. Mark Canoyer Mr. Canoyer holds a driver's license from Minnesota. Barry Crisman Mr. Crisman holds a driver's license from California. Robert Douglas Mr. Douglas holds a driver's license from California. William Faulk Mr. Faulk holds a driver's license from Alabama. Sue H. Gregory Ms. Gregory holds a driver's license from Utah. Gregory Hill Mr. Hill holds a driver's license from Mississippi. Ronald Jardine Mr. Jardine holds a driver's license from New Jersey. Michael Jenkins Mr. Jenkins holds a driver's license from Virginia. Roman Landa Mr. Landa holds a driver's license from California. Roy Lloyd, Sr. Mr. Lloyd holds a driver's license from Virginia. Aminder Malhi Mr. Malhi holds a driver's license from California. Mark Martin Mr. Martin holds a driver's license from Michigan. Joshua Moothart Mr. Moothart holds a driver's license from Oregon. Albert Nicholson Mr. Nicholson holds a driver's license from New Mexico. [[Page 42587]] Darren Nordquist Mr. Nordquist holds a driver's license from Wisconsin. Ray Norris Mr. Norris holds a driver's license from Texas. Gregorio Perez Mr. Perez holds a driver's license from Virginia. Johnny Pierson Mr. Pierson holds a driver's license from Alabama. Ryan Pope Mr. Pope holds a driver's license from California. Thomas Potterfield Mr. Potterfield holds a driver's license from South Carolina. Ralph Reno Mr. Reno holds a driver's license from Pennsylvania. Ronald Rutter Mr. Rutter holds a driver's license from Arizona. James Weir Mr. Weir holds a driver's license from Washington. Billy White Mr. White holds a driver's license from Texas. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business August 15, 2013. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: June 12, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013-17047 Filed 7-15-13; 8:45 am] BILLING CODE 4910-EX-P