Qualification of Drivers; Application for Exemptions; Hearing, 72149-72151 [2013-28804]
Download as PDF
Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices
Issued on: November 26, 2013.
Anne S. Ferro,
Administrator.
C. Prohibition on Masking Convictions
emcdonald on DSK67QTVN1PROD with NOTICES
for description of CVSP); (2) provide an
effective process that the Agency can
test to ensure system effectiveness and
data quality; and (3) reduce the cost of
applying and implementing these
changes across the Agency and the
States. FMCSA seeks comments on the
prospective application of the changes.
Federal Motor Carrier Safety
Administration
The FMCSA emphasizes the
importance of accurate information
concerning traffic violations in addition
to roadside inspection violations. The
Agency will continue its work with the
States to ensure that commercial
learner’s permit (CLP) and commercial
driver’s license (CDL) holders who are
found to have engaged in unsafe driving
behaviors are not provided with relief
from the consequences of these unsafe
actions through masking of their
convictions by the States. Masking
convictions allows commercial drivers
to accumulate multiple serious traffic
safety violations without the driver’s
State of licensure or other States being
aware of the driver’s actual driving
history.
FMCSA regulation at 49 CFR 384.226
prohibits States from masking
convictions, deferring imposition of
judgment, or allowing an individual to
enter into a diversion program that
would prevent a CLP or CDL holder’s
conviction for any violation, in any type
of motor vehicle, of a State or local
traffic control law (other than parking,
vehicle weight, or vehicle defect
violations) from appearing on the
Commercial Driver’s License
Information System driving record,
whether the driver was convicted for an
offense committed in the State where
the driver is licensed or another State.
The Agency views the practice of State
courts dismissing citations after a guilty
plea has been entered or following
payment of a fine or mandatory
contribution to a State program as a
condition of dismissal, as ‘‘masking’’ of
a commercial driver’s violation of State
or local traffic control laws.
The changes to State and FMCSA data
systems outlined in this notice will
enable both the Agency and the State
licensing agencies to better track and
document patterns and practices that
are inconsistent with 49 CFR 384.226
concerning the masking prohibition.
States found to have used masking or
other diversionary programs may be
found in substantial noncompliance and
could risk decertification of their CDL
programs, which could impact grant
funding.
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[FR Doc. 2013–28795 Filed 11–26–13; 4:15 pm]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
[Docket No. FMCSA—2013–0125]
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 10
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 10 individuals to operate CMVs
in interstate commerce.
DATES: Comments must be received on
or before January 2, 2014.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA—
2013–0125 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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
SUMMARY:
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Sfmt 4703
72149
that all comments received will be
posted without change to https://
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 https://
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
https://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 C.F.R. 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
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)].
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02DEN1
72150
Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices
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
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.
Submitting Comments
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 C.F.R.
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
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
https://www.regulations.gov and in the
search box insert the docket number
‘‘FMCSA–2013–0125’’ 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 8c 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, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period and may change this proposed
rule based on your comments. FMCSA
may issue a final rule at any time after
the close of the comment period.
2 This report is available on the FMCSA Web site
at https://www.fmcsa.dot.gov/facts-research/
research-technology/publications/medreport_
archives.htm.
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.
emcdonald on DSK67QTVN1PROD with NOTICES
FMCSA Requests Comments on the
Exemption Applications
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20:41 Nov 29, 2013
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Sfmt 4703
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
‘‘FMCSA–2013–0125’’ and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to the proposed
rulemaking.
Information on Individual Applicants
Sascha Cotton
Mr. Cotton, 39, holds a Class A
commercial driver’s license (CDL) in
Florida.
Keith C. Drown
Mr. Drown, 61, holds a Class A
commercial driver’s license (CDL) in
Idaho.
Norman Estes
Mr. Estes, 60, holds a Class A
commercial driver’s license (CDL) in
Alabama.
David Garland
Mr. Garland, 42, holds a Class A
commercial driver’s license (CDL) in
Maine.
James Gooch
Mr. Gooch, 53, holds a Class A
commercial driver’s license (CDL) in
Missouri.
Harold Johnson
Mr. Johnson, 61, holds a Class A
commercial driver’s license (CDL) in
Pennsylvania.
Michael Paasch
Mr. Paasch, 40, holds a Class A
commercial driver’s license (CDL) in
Nebraska.
William Symonds
Mr. Symonds, 55, holds a Class B
commercial driver’s license (CDL) in
Illinois.
Anthony Thong
Mr. Thong, 30, holds a Class A
commercial driver’s license (CDL) in
California.
Roger Allen Wright
Mr. Wright, 61, holds a Class A
commercial driver’s license (CDL) in
Alabama.
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
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Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices
comments received before the close of
business January 2, 2014. 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: November 25, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–28804 Filed 11–29–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request on Information Collection
Tools Relating to Using Omnibus
Surveys.
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning an
existing data-driven satisfaction surveys
to understand customer opinion.
DATES: Written comments should be
received on or before January 31, 2014
to be assured of consideration.
ADDRESSES: Direct all written comments
to Yvette Lawrence, Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224.
Please send separate comments for each
specific information collection listed
below. You must reference the
information collection’s title, form
number, reporting or record-keeping
requirement number, and OMB number
(if any) in your comment.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the collection tools should be
directed to R. Joseph Durbala, Internal
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
21:28 Nov 29, 2013
Jkt 232001
Revenue Service, Room 6129, 1111
Constitution Avenue NW., Washington,
DC 20224, or at (202)622–3634, or
through the Internet at
RJoseph.Durbala@irs.gov.
SUPPLEMENTARY INFORMATION: Currently,
the IRS is seeking comments concerning
the following information collection
tools, reporting, and record-keeping
requirements:
Title: IRS Omnibus Surveys.
OMB Number: 1545–NEW. Form
Number: N/A.
Abstract: We are requesting a threeyear approval to use a data-driven
approach to understanding customer
opinion of the Internal Revenue Service
(IRS) and its programs and services.
Collecting, analyzing, and using
customer opinion data is a vital
component of IRS’s Balanced Measures
Approach, as mandated by Internal
Revenue Service Reform and
Restructuring Act of 1998 and Executive
Order 12862.
Current Actions: This is a new request
for OMB approval.
Type of Review: New collection.
Affected Public: This collection of
information is necessary to enable the
Agency to garner customer and
stakeholder feedback in an efficient,
timely manner, in accordance with our
commitment to improving service
delivery. The information collected
from our customers and stakeholders
will help ensure that users have an
effective, efficient, and satisfying
experience with the Agency’s programs.
This feedback will provide insights into
customer or stakeholder perceptions,
experiences and expectations, provide
an early warning of issues with service,
or focus attention on areas where
communication, training or changes in
operations might improve delivery of
products or services. It will also allow
feedback to contribute directly to the
improvement of program management.
Estimated Number of Respondents:
90,000.
Estimated Time per Respondent: 9
min.
Estimated Total Annual Burden
Hours: 4,500.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
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72151
tax return information are confidential,
as required by 26 U.S.C. 6103.
Request For Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Approved: November 15, 2013.
Yvette Lawrence,
IRS Reports Clearance Officer.
[FR Doc. 2013–28817 Filed 11–29–13; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request on Information Collection
Tools Relating to Qualitative Feedback
on Agency Service Delivery.
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning the
collection of qualitative feedback on
agency service delivery.
DATES: Written comments should be
received on or before January 31, 2014
to be assured of consideration.
ADDRESSES: Direct all written comments
to Yvette Lawrence, Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224.
Please send separate comments for each
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Pages 72149-72151]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28804]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA--2013-0125]
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 10 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 10 individuals to operate CMVs in interstate commerce.
DATES: Comments must be received on or before January 2, 2014.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA--2013-0125 using any of the
following methods:
Federal eRulemaking Portal: Go to https://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 https://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 https://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
https://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 C.F.R. 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
[[Page 72150]]
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 C.F.R. 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 https://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.
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 https://www.regulations.gov and
in the search box insert the docket number ``FMCSA-2013-0125'' 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[frac12] 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 and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to https://www.regulations.gov and in the search box insert the docket number
``FMCSA-2013-0125'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Information on Individual Applicants
Sascha Cotton
Mr. Cotton, 39, holds a Class A commercial driver's license (CDL)
in Florida.
Keith C. Drown
Mr. Drown, 61, holds a Class A commercial driver's license (CDL) in
Idaho.
Norman Estes
Mr. Estes, 60, holds a Class A commercial driver's license (CDL) in
Alabama.
David Garland
Mr. Garland, 42, holds a Class A commercial driver's license (CDL)
in Maine.
James Gooch
Mr. Gooch, 53, holds a Class A commercial driver's license (CDL) in
Missouri.
Harold Johnson
Mr. Johnson, 61, holds a Class A commercial driver's license (CDL)
in Pennsylvania.
Michael Paasch
Mr. Paasch, 40, holds a Class A commercial driver's license (CDL)
in Nebraska.
William Symonds
Mr. Symonds, 55, holds a Class B commercial driver's license (CDL)
in Illinois.
Anthony Thong
Mr. Thong, 30, holds a Class A commercial driver's license (CDL) in
California.
Roger Allen Wright
Mr. Wright, 61, holds a Class A commercial driver's license (CDL)
in Alabama.
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
[[Page 72151]]
comments received before the close of business January 2, 2014.
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: November 25, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-28804 Filed 11-29-13; 8:45 am]
BILLING CODE 4910-EX-P