Qualification of Drivers; Application for Exemptions; Hearing, 12809-12811 [2013-04312]

Download as PDF Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices the comments, the FHWA concludes that there are no manufacturers of (1) Electrical Controls and Electrical Equipment; (2) Main Drive Electrical Motor; (3) Auxiliary Drive Electric Motor; (4) Span Lock Electric Motor & Controls for the project in the State of Washington that produce the products in compliance with the FHWA’s Buy America requirements. Therefore, in accordance with the provisions of section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat. 1572), the FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to the FHWA’s Web site via the link provided to the Washington State waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410. Issued on: February 13, 2013. Victor M. Mendez, Federal Highway Administrator. [FR Doc. 2013–04247 Filed 2–22–13; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification Federal Highway Administration (FHWA), DOT. ACTION: Notice. AGENCY: This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate for the use of non-domestic iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main span and backup span motor, and (4) Brakes for the Memorial Bridge project in the State of New Hampshire. DATES: The effective date of the waiver is February 26, 2013. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366–1562, or via email at gerald.yakowenko@dot.gov. For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, (202) 366–4928, or via email at michael.harkins@dot.gov. Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:22 Feb 22, 2013 Jkt 229001 SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may be downloaded from the Federal Register’s home page at: http://www.archives.gov and the Government Printing Office’s database at: http://www.access.gpo.gov/nara. Background The FHWA’s Buy America policy in 23 CFR 635.410 requires a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when the application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not sufficiently available. This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate to use some nondomestic iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main span and backup span motor, and (4) Brakes for a the Memorial Bridge project in the State of New Hampshire. The Memorial Bridge project will build a new crossing to replace the existing structurally deficient bridge carrying US–1 over the Piscataqua River between Portsmouth, NH, and Kittery, ME. The project is scheduled to reopen to traffic on July 6, 2013. In accordance with Division A, section 122 of the ‘‘Consolidated and Further Continuing Appropriations Act, 2012’’ (Pub. L. 112–284), the FHWA published a notice of intent to issue a waiver on its Web site for iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main span and backup span motor, and (4) Brakes in the State of New Hampshire (http://www.fhwa.dot. gov/construction/contracts/waivers. cfm?id=81) on October 4th. The FHWA received no comment in response to the publication. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers of the iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main span and backup span motor, and (4) Brakes. Based on all the information available to the agency, the FHWA concludes that there are no manufacturers of the iron and steel products in (1) Auxiliary two speed motor, (2) Auxiliary back up drive clutch, (3) Main span and backup span motor, and (4) Brakes that produce the PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 12809 products in compliance with the FHWA’s Buy America requirements. Therefore, in accordance with the provisions of section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat. 1572), the FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to the FHWA’s Web site via the link provided to the New Hampshire waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410. Issued on: February 13, 2013. Victor M. Mendez, Federal Highway Administrator. [FR Doc. 2013–04244 Filed 2–22–13; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0332] Qualification of Drivers; Application for Exemptions; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces that 9 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 these 9 individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before March 27, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2012–0332] using any of the following methods: SUMMARY: E:\FR\FM\25FEN1.SGM 25FEN1 12810 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices • 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 selfaddressed, 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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: VerDate Mar<15>2010 17:22 Feb 22, 2013 Jkt 229001 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. 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. 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 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. 31315(b)(1). See also 49 CFR 381.305(a). Information on Individual Applicants Mark Cole Mr. Cole holds a driver’s license from the state of Ohio. He would like to drive tractor trailer trucks in interstate commerce, if he is granted an exemption. Nelson De Leon Mr. De Leon holds a CDL from the state of Florida. He has been driving in intrastate commerce for 17 years and would like to drive a CMV in interstate commerce, if he is granted an exemption. 49 CFR 391.41(b)(11). This standard was adopted in 1970, with a revision in William Wallace Larson Mr. Larson holds a class A Commercial driver’s license (CDL) from the state of North Carolina. He has been 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)). 2 This report is available on the FMCSA web site at http://www.fmcsa.dot.gov/facts-research/ research-technology/publications/medreport_ archives.htm. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\25FEN1.SGM 25FEN1 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices driving a dump truck in intrastate commerce for 20 years and recently lost his hearing. He would like to continue to drive dump trucks if granted an exemption. Bryan Lewis Mr. Lewis holds a driver’s license from the District of Columbia (DC). He would like to drive rental box trucks in interstate commerce, if granted an exemption. 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: February 4, 2013. Larry W. Minor, Associate Administrator for Policy. Donald Lynch [FR Doc. 2013–04312 Filed 2–22–13; 8:45 am] Mr. Lynch holds a driver’s license from the state of Florida. He would like to drive tractor trailer trucks in interstate commerce, if he is granted an exemption. BILLING CODE 4910–EX–P Zachary Rietz Mr. Reitz holds a driver’s license from the state of Texas. He has been driving straight trucks and vans locally for a trucking company. He would like to obtain a Class A CDL license and drive tractor trailers in interstate commerce if granted an exemption. Benton Scott Mr. Scott holds a Class A CDL license from the state of Mississippi. He has driven over the road tractor trailers for 34 years until recently when he was unable to pass the hearing requirement for his DOT physical. He would like to resume driving tractor trailer trucks in interstate commerce, if granted an exemption. Bryon Smith Mr. Smith holds a driver’s license from the state of Louisiana. He would like to drive tractor trailer trucks in interstate commerce, if he is granted an exemption. Steve Queen Mr. Queen holds a Class A license from the state of Florida. He has been driving a CMV in interstate commerce until recently when he failed to pass the hearing test. He would like to continue to drive tractor trailer trucks in interstate commerce, if he is granted an exemption. mstockstill on DSK4VPTVN1PROD with NOTICES 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 March 27, 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 VerDate Mar<15>2010 17:22 Feb 22, 2013 Jkt 229001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0338] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 9 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions are effective February 25, 2013. The exemptions expire on February 25, 2015. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, 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 from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at http:// www.regulations.gov. Docket: For access to the docket to read background documents or PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 12811 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 FDMS is available 24 hours each day, 365 days each year. If you want acknowledgement that we received your comments, please include a selfaddressed, 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 Federal Docket Management System (FDMS) published in the Federal Register on December 29, 2010 (75 FR 82132), or you may visit http://www.gpo.gov/fdsys/pkg/FR-201012-29/pdf/2010-32876.pdf. Background On December 17, 2012, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (77 FR 74731). That notice listed 9 applicants’ case histories. The 9 individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year 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. Accordingly, FMCSA has evaluated the 9 applications on their merits and made a determination to grant exemptions to each of them. Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12809-12811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04312]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332]


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 9 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 these 9 individuals to operate CMVs in interstate 
commerce.

DATES: Comments must be received on or before March 27, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0332] using any of the 
following methods:

[[Page 12810]]

     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 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. 31315(b)(1). See also 49 
CFR 381.305(a).

Information on Individual Applicants

Mark Cole

    Mr. Cole holds a driver's license from the state of Ohio. He would 
like to drive tractor trailer trucks in interstate commerce, if he is 
granted an exemption.

Nelson De Leon

    Mr. De Leon holds a CDL from the state of Florida. He has been 
driving in intrastate commerce for 17 years and would like to drive a 
CMV in interstate commerce, if he is granted an exemption.

William Wallace Larson

    Mr. Larson holds a class A Commercial driver's license (CDL) from 
the state of North Carolina. He has been

[[Page 12811]]

driving a dump truck in intrastate commerce for 20 years and recently 
lost his hearing. He would like to continue to drive dump trucks if 
granted an exemption.

Bryan Lewis

    Mr. Lewis holds a driver's license from the District of Columbia 
(DC). He would like to drive rental box trucks in interstate commerce, 
if granted an exemption.

Donald Lynch

    Mr. Lynch holds a driver's license from the state of Florida. He 
would like to drive tractor trailer trucks in interstate commerce, if 
he is granted an exemption.

Zachary Rietz

    Mr. Reitz holds a driver's license from the state of Texas. He has 
been driving straight trucks and vans locally for a trucking company. 
He would like to obtain a Class A CDL license and drive tractor 
trailers in interstate commerce if granted an exemption.

Benton Scott

    Mr. Scott holds a Class A CDL license from the state of 
Mississippi. He has driven over the road tractor trailers for 34 years 
until recently when he was unable to pass the hearing requirement for 
his DOT physical. He would like to resume driving tractor trailer 
trucks in interstate commerce, if granted an exemption.

 Bryon Smith

    Mr. Smith holds a driver's license from the state of Louisiana. He 
would like to drive tractor trailer trucks in interstate commerce, if 
he is granted an exemption.

Steve Queen

    Mr. Queen holds a Class A license from the state of Florida. He has 
been driving a CMV in interstate commerce until recently when he failed 
to pass the hearing test. He would like to continue to drive tractor 
trailer trucks in interstate commerce, if he is granted an exemption.

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 March 27, 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: February 4, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-04312 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-EX-P