Qualification of Drivers; Application for Exemptions; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
7 March 2016
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11876-11878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04973]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0328]
Qualification of Drivers; Application for Exemptions; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA).
ACTION: Notice of applications for exemptions; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 25 individuals
for an exemption from the hearing requirement to operate commercial
motor vehicles (CMVs) in interstate commerce. If granted, the
exemptions would enable these individuals to operate CMVs in interstate
commerce.
DATES: Comments must be received on or before April 6, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0328 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.,
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., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
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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: 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 www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations (FMCSRs) for a 2-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 2-year period. The 25 individuals
listed in this notice have recently requested such an exemption from
the hearing requirement in 49 CFR 391.41(b)(11), which applies to
drivers of CMVs in interstate commerce. 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).
II. Qualifications of Applicants
Eduardo Amaro
Mr. Amaro, age 47, holds an operator's license in New Mexico.
Paul Aseka
Mr. Aseka, age 36, holds an operator's license in Texas.
Thomas Buretz
Mr. Buretz, age 54, holds a class A CDL in Florida.
Tye Cox
Mr. Cox, age 28, holds an operator's license in Idaho.
James Dalrymple
Mr. Dalrymple, age 61, holds a class A CDL in Arizona.
John Dumars
Mr. Dumars, age 53, holds an operator's license in Florida.
Aaron Farley
Mr. Farley, age 42, holds an operator's license in West Virginia.
Samuel Fernell
Mr. Fernell, age 47, holds an operator's license in Ohio.
Heath Focken
Mr. Focken, age 27, holds an operator's license in Nebraska.
Michael Frutchey
Mr. Frutchey, age 48, holds a chauffeur license in Michigan.
Gregg Glass
Mr. Glass, age 53, holds an operator's license in Oregon.
Jaymes Haar
Mr. Haar, age 28, holds a class A CDL in Iowa.
Michael McCarthy
Mr. McCarthy, age 51, holds an operator's license in Minnesota.
Chad Meeker
Mr. Meeker, age 39, holds a CDL in Michigan.
John Norton
Mr. Norton, age 51, holds an operator's license in Michigan.
Taryn Peterson
Mr. Peterson, age 28, holds an operator's license in Nebraska.
Stephen Paiz
Mr. Paiz, age 31, holds an operator's license in New York.
David Quijano
Mr. Quijano, age 43, holds an operator's license in Hawaii.
Brian Shoup
Mr. Shoup, age 53, holds an operator's license in Ohio.
Ronald Sims
Mr. Sims, age 65, holds a class A CDL in Florida.
Edward Spreen
Mr. Spreen, age 35, holds an operator's license in Utah.
Fernando Valasquez
Mr. Valasquez, age 31, holds an operator's license in Texas.
Kyle Voss
Mr. Voss, age 26, holds an operator's license in Wisconsin.
Daron Washington
Mr. Washington, age 50, holds a class A CDL in Illinois.
William Weeaks
Mr. Weeaks, age 33, 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 comments received before
the close of business on the closing date indicated in the date 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-2015-0328 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
[[Page 11878]]
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. 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-2015-0328 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: February 24, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-04973 Filed 3-4-16; 8:45 am]
BILLING CODE 4910-EX-P