Qualification of Drivers; Exemption Applications; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
20 July 2018
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34649-34651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15575]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0061]
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 August 20, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0061 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://
[[Page 34650]]
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, 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 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 30 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
Matthew Albrecht
Mr. Albrecht, age 51, holds a class A CDL in Pennsylvania.
Kenji Batchelor
Mr. Batchelor, age 40, holds an operator's license in North
Carolina.
Richard W. Blaine
Mr. Blaine, age 36, holds an operator's license in Pennsylvania.
Jeffrey D. Clark
Mr. Clark, age 51, holds an operator's license in Connecticut.
Donald M. Craig
Mr. Craig, age 41, holds an operator's license in Ohio.
William Entwistle
Mr. Entwistle, age 65, holds an operator's license in New Jersey.
Donald Garber
Mr. Garber, age 28, holds an operator's license in Ohio.
Chris Guidry
Mr. Guidry, age 39, holds an operator's license in Louisiana.
Matthew Hamill
Mr. Hamill, age 42, holds an operator's license in New York.
Austin Hernandez
Mr. Hernandez, age 36, holds an operator's license in Texas.
Robert T. Hilber
Mr. Hilber, age 34, holds an operator's license in Texas.
Scott E. Holmes
Mr. Holmes, age 46, holds an operator's license in Iowa.
Roderick Lemoine
Mr. Lemoine, age 52, holds an operator's license in Louisiana.
Gordon McAllister
Mr. McAllister, age 66, holds an operator's license in South
Carolina.
Gabriel L. McKelvey
Mr. McKelvey, age 35, holds an operator's license in South
Carolina.
Ervin Mitchell
Mr. Mitchell, age 39, holds a class A CDL in Texas.
Gary T. Nagel
Mr. Nagel, age 60, holds an operator's license in Minnesota.
Albert Pizana
Mr. Pizana, age 47, holds an operator's license in California.
Christopher Poole
Mr. Poole, age 41, holds on operator's license in Ohio.
Ricardo O. Porras Payan
Mr. Porras Payan, age 36, holds an operator's license in Texas.
Charles L. Perkins Jr.
Mr. Perkins, age 31, holds an operator's license in Louisiana.
James R. Quinn
Mr. Quinn, age 36, holds an operator's license in Tennessee.
William J. Richards
Mr. Richards, age 33, holds an operator's license in Ohio.
Enos Smith, Jr
Mr. Smith, age 45, holds an operator's license in Pennsylvania.
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Khaoe K. Smith
Mr. Smith, age 42, holds a class A CDL in Georgia.
Ronell Smith
Mr. Smith, age 47, holds an operator's license in California.
Brandon Soto
Mr. Soto, age 33, holds an operator's license in Missouri.
Bryan Soto
Mr. Soto, age 29, holds an operator's license in Indiana.
Brett E. Wanner
Mr. Wanner, age 29, holds an operator's license in Pennsylvania.
Michael C. Wilson
Mr. Wilson, age 52, holds an operator's license in Kentucky.
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-2017-0061 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-2017-0061 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15575 Filed 7-19-18; 8:45 am]
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