Qualification of Drivers; Application for Exemptions; Hearing, 26109-26110 [2013-10516]

Download as PDF Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: April 24, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–10526 Filed 5–2–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0121] Qualification of Drivers; Application for Exemptions; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. erowe on DSK2VPTVN1PROD with NOTICES AGENCY: 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 9 individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before June 3, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2013–0121] 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, VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 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). 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 PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 26109 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. 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 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)). E:\FR\FM\03MYN1.SGM 03MYN1 26110 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices Administration, FMCSA’s predecessor, in 1993.2 a CMV in interstate commerce, if he is granted an exemption. FMCSA Requests Comments on the Exemption Applications Jeffrey Pagenkopf 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. Information on Individual Applicants Michael Desarmeaux Mr. Desarmeaux holds a driver’s license from Ohio. He would like to drive any type of CMV, if he is granted an exemption. Daniel I. Grossinger Mr. Grossinger holds a driver’s license from Maryland. His family owns a landscaping business and if granted the exemption, he would like to drive heavy equipment for the business. David W. Hoffman Mr. Hoffman holds a class A Commercial driver’s license (CDL) from South Dakota. He has been driving a range of different trucks in intrastate commerce for more than 5 years. He would like to continue to drive a range of different trucks if granted an exemption. Christopher A. Jayne erowe on DSK2VPTVN1PROD with NOTICES Mr. Jayne holds a class A Commercial driver’s license (CDL) from Missouri. He has experience driving a tractor trailer until recently when he lost his hearing. He would like to resume driving tractor trailer trucks in interstate commerce, if granted an exemption. Jayson Lawson Mr. Lawson holds a driver’s license from Arkansas. He would like to drive [Safety Advisory 2013–03] Kicking Cars and Going Between Rolling Equipment During Flat Switching Operations Gilbert Partida AGENCY: Mr. Partida holds a class A Commercial driver’s license from Texas. He has over 20 years of driving experience and currently drives a tractor trailer. He would like to resume driving a tractor trailer in interstate commerce, if he is granted an exemption. Jacob Paullin Mr. Paullin holds a driver’s license from Wisconsin. He would like to drive a semi-truck in interstate commerce, if he is granted an exemption. Fernando Ramirez-Savon Mr. Ramirez-Savon holds a class A Commercial driver’s license from New Mexico. He has been driving a CMV in interstate commerce until recently when he failed to pass the hearing test. He would like to resume driving 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 June 3, 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: April 23, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–10516 Filed 5–2–13; 8:45 am] Jkt 229001 Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of Safety Advisory. SUMMARY: A fatality occurred during a railroad switching operation that involved a railroad employee kicking cars and subsequently going between rolling equipment. In response, FRA is publishing this Safety Advisory 2013– 03 to make recommendations to railroads regarding the adoption of carhandling procedures during flat switching operations at certain locations and to re-emphasize the importance of following procedures when going between rolling equipment due to the hazards involved. FRA previously made related recommendations to railroads and their employees regarding going between rolling equipment in Safety Advisory 2011–02. FOR FURTHER INFORMATION CONTACT: Ron Hynes, Director, Office of Safety Assurance and Compliance, Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493–6404; Douglas H. Taylor, Staff Director, Operating Practices Division, Office of Safety Assurance and Compliance, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493–6255; or Joseph St. Peter, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493–6047. SUPPLEMENTARY INFORMATION: The overall safety of railroad operations has improved in recent years. However, in July 2012, a fatal event occurred during a switching operation which involved a railroad employee going between rolling equipment after kicking 1 two loaded tank cars up a 0.2-percent ascending grade. This 2012 incident illustrates the safety risks that are present when railroads allow the kicking of cars in flat switching operations at locations where the cars will likely roll back out toward the employees conducting such operations if the cars do not couple to secured standing equipment as BILLING CODE 4910–EX–P 1 As referenced in 49 CFR 218.99(a)(2), kicking cars refers to the common railroad switching practice of shoving or pushing rolling equipment and then uncoupling the equipment and allowing it to roll free. report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/ research-technology/publications/ medreport_archives.htm. 14:52 May 02, 2013 Federal Railroad Administration Mr. Pagenkopf holds a driver’s license from Minnesota. He would like to drive a CMV in interstate commerce, if he is granted an exemption. 2 This VerDate Mar<15>2010 DEPARTMENT OF TRANSPORTATION PO 00000 Frm 00172 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1

Agencies

[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 26109-26110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10516]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0121]


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 9 individuals to operate CMVs in interstate commerce.

DATES: Comments must be received on or before June 3, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0121] 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).

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

[[Page 26110]]

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.

Information on Individual Applicants

Michael Desarmeaux

    Mr. Desarmeaux holds a driver's license from Ohio. He would like to 
drive any type of CMV, if he is granted an exemption.

Daniel I. Grossinger

    Mr. Grossinger holds a driver's license from Maryland. His family 
owns a landscaping business and if granted the exemption, he would like 
to drive heavy equipment for the business.

David W. Hoffman

    Mr. Hoffman holds a class A Commercial driver's license (CDL) from 
South Dakota. He has been driving a range of different trucks in 
intrastate commerce for more than 5 years. He would like to continue to 
drive a range of different trucks if granted an exemption.

Christopher A. Jayne

    Mr. Jayne holds a class A Commercial driver's license (CDL) from 
Missouri. He has experience driving a tractor trailer until recently 
when he lost his hearing. He would like to resume driving tractor 
trailer trucks in interstate commerce, if granted an exemption.

Jayson Lawson

    Mr. Lawson holds a driver's license from Arkansas. He would like to 
drive a CMV in interstate commerce, if he is granted an exemption.

Jeffrey Pagenkopf

    Mr. Pagenkopf holds a driver's license from Minnesota. He would 
like to drive a CMV in interstate commerce, if he is granted an 
exemption.

Gilbert Partida

    Mr. Partida holds a class A Commercial driver's license from Texas. 
He has over 20 years of driving experience and currently drives a 
tractor trailer. He would like to resume driving a tractor trailer in 
interstate commerce, if he is granted an exemption.

Jacob Paullin

    Mr. Paullin holds a driver's license from Wisconsin. He would like 
to drive a semi-truck in interstate commerce, if he is granted an 
exemption.

Fernando Ramirez-Savon

    Mr. Ramirez-Savon holds a class A Commercial driver's license from 
New Mexico. He has been driving a CMV in interstate commerce until 
recently when he failed to pass the hearing test. He would like to 
resume driving 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 June 3, 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: April 23, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-10516 Filed 5-2-13; 8:45 am]
BILLING CODE 4910-EX-P