Qualification of Drivers; Application for Exemptions; Hearing

Qualification of Drivers; Application for Exemptions; Hearing

Qualification of Drivers; Application for Exemptions; Hearing

Larry W. Minor
Federal Motor Carrier Safety Administration
April 7, 2015

[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18697-18699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07909]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0383]

Qualification of Drivers; Application for Exemptions; Hearing

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

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

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SUMMARY: FMCSA announces that 30 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 these requests after reviewing the
public comments submitted in response to this notice, the exemptions
would enable 30 individuals to operate CMVs in interstate commerce.

DATES: Comments must be received on or before May 7, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0383 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: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety, (202) 366-4001,
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room

[[Page 18698]]

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 referenced in the application.
The Agency must also provide an opportunity to submit public comment on
the applications for exemption.
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\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)].
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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\
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\2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm.
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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.

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-2014-0383'' 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 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-2014-0383'' 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

Neal Everett Boatman, Jr.

Mr. Boatman, 37, holds an operator's license in Arizona.

Herbert Dean Crowe

Mr. Crowe, 50, holds an operator's license in Missouri.

David Keith Cannon

Mr. Cannon, 47, holds an operator's license in Missouri.

Bryant Cater

Mr. Cater, 54, holds a Class A commercial driver's license (CDL) in
Tennessee.

Frankye D. Crews

Ms. Crews, 44, holds an operator's license in Florida.

Justin Craig Cribb

Mr. Cribb, 36, holds an operator's license in South Carolina.

William Reeder Darnell

Mr. Darnell, 40, holds a Class A commercial driver's license (CDL)
in Arizona.

Mark Dickson

Mr. Dickson, 55, holds an operator's license in Texas.

[[Page 18699]]

Kelly Gene Eller

Mr. Eller, 50, holds an operator's license in North Carolina.

Elliot David Fellows

Mr. Fellows, 22, holds an operator's license in New York.

David H. Grady

Mr. Grady, 46, holds a Class B commercial driver's license (CDL) in
Colorado.

Alissa Haselhorst

Ms. Haselhorst, 27, holds an operator's license in Nebraska.

Nathan John Hill

Mr. Hill, 31, holds an operator's license in Georgia.

Jason R. Gensler

Mr. Gensler, 36, holds an operator's license in Ohio.

Thomas P. Lipyanic, Jr.

Mr. Lipyanic, 49, holds a Class A commercial driver's license (CDL)
in Pennsylvania.

Brian L. Lloyd

Mr. Lloyd, 41, holds an operator's license in Ohio.

Kelsey Rae Maginity

Ms. Maginity, 23, holds an operator's license in Iowa.

Donald B. Malley

Mr. Malley, 60, holds a Class A commercial driver's license (CDL)
in Missouri.

Courtney Maloney

Ms. Maloney, 26, holds an operator's license in New York.

Amy Elizabeth Marcus

Ms. Marcus, 42, holds an operator's license in Michigan.

Jonython A. Mason

Mr. Mason, 33, holds an operator's license in California.

Kathy Ann Meadows

Ms. Meadows, 57, holds a Class A commercial driver's license (CDL)
in Georgia.

Devin Jamal Moffett

Mr. Moffett, 23, holds an operator's license in Georgia.

Anthony Joseph Saive

Mr. Saive, 29, holds a Class B commercial driver's license (CDL) in
Ohio.

David W. Shores

Mr. Shores, 47, holds a Class A commercial driver's license (CDL)
in North Carolina.

Jonathan P. Veach

Mr. Veach, 32, holds an operator's license in Illinois.

Michael Whitman

Mr. Whitman, 39, holds an operator's license in New Jersey.

Richard E. Whittaker

Mr. Whittaker, 44, holds a Chauffeur's license in Indiana.

Brian David Whittington

Mr. Whittington, 48, holds a Class A commercial driver's license
(CDL) in Michigan.

Scott Matchett

Mr. Matchett, 32, holds an operator's license in New York.

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 May 7, 2015. 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: April 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-07909 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 4910-EX-P