Qualification of Drivers; Exemption Applications; Hearing |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
3 October 2016
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68096-68098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23790]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0003]
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 26 individuals
for an exemption from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate commercial motor
vehicles (CMV) in interstate commerce. Granting these exemptions would
enable these hard of hearing and deaf individuals to operate CMVs in
interstate commerce.
DATES: Comments must be received on or before November 2, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2016-0003 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.,
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
[[Page 68097]]
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
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, fmcsamedical@dot.gov, 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 two-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
two-year period.
The 26 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11), which
applies to drivers who operate 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).
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. Subsequent to the publication February 1, 2013
of the 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
Kay Baden
Ms. Baden, age 59, holds a class A CDL in Oregon.
Wyatt M. Baldwin
Mr. Baldwin, age 31, holds an operator's license in Nevada.
Moises Becerra
Mr. Becerra, age 26, holds an operator's license in Texas.
Matthew R. Burgoyne
Mr. Burgoyne, age 29, holds a class A CDL in Minnesota.
Pedro H. Calas
Mr. Calas, age 30, holds a class A CDL in Florida.
David T. Carlson
Mr. Carlson, age 76, holds a class A CDL in Wisconsin.
Marco A. Cisneros
Mr. Cisneros, age 26, holds an operator's license in California.
Mark B. Cole
Mr. Cole, age 40, holds an operator's license in California.
Filipe S. Fernandez
Mr. Fernandez, age 49 holds an operator's license in Florida.
Joshua Gelona
Mr. Gelona, age 25, holds an operator's license in Oklahoma.
William D. Gum
Mr. Gum, age 76, holds an operator's license in Texas.
Reginald C. Holmes
Mr. Holmes, age 31, holds an operator's license in Arizona.
Gary D. McBride
Mr. McBride, age 50, holds an operator's license in Florida.
Brent D. McCaffery
Mr. McCaffery, age 29, holds an operator's license in Iowa.
Benjoel C. Morton
Mr. Morton, age 35, holds an operator's license in Georgia.
Anthony S. Papa
Mr. Papa, age 51, holds an operator's license in Ohio.
Eduardo Pedregal
Mr. Pedregal, age 27, holds an operator's license in Texas.
Charles L. Pitt
Mr. Pitt, age 52, holds an operator's license in Alabama.
David Y. Pro
Mr. Pro, age 55, holds an operator's license in California.
Leonardo Pupo-Tuperet
Mr. Pupo-Tuperet, age 26, holds an operator's license in
Washington.
Edgar J. Ramos
Mr. Ramos, age 52, holds an operator's license in Illinois.
Ronald D. Rumsey
Mr. Rumsey, age 53, holds an operator's license in Iowa.
Johnny Seng
Mr. Seng, age 22, holds an operator's license in Rhode Island.
Michael J. Sladick
Mr. Sladick, age 48, holds an operator's license in Ohio.
Brian J. Walthall
Mr. Walthall, age 49, holds an operator's license in Kansas.
Jack Whitewater
Mr. Whitewater, age 38, holds an operator's license in Florida.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public
[[Page 68098]]
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-2016-0003 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. 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-2016-0003 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: September 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23790 Filed 9-30-16; 8:45 am]
BILLING CODE 4910-EX-P