Qualification of Drivers; Application for Exemptions; Hearing, 2245-2247 [2014-00411]
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Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Notices
due to their aircraft’s physical size are
unable to comply with the rule.
[FR Doc. 2014–00335 Filed 1–10–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2013–XX]
Petition for Exemption; Summary of
Petition Received
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of petition for exemption
received.
AGENCY:
This notice contains a
summary of a petition seeking relief
from specified requirements of Title 14
of the Code of Federal Regulations. The
purpose of this notice is to improve the
public’s awareness of, and participation
in, this aspect of FAA’s regulatory
activities. Neither publication of this
notice nor the inclusion or omission of
information in the summary is intended
to affect the legal status of the petition
or its final disposition.
DATES: Comments on this petition must
identify the petition docket number and
must be received on or before February
3, 2014.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2013–0883 using any of the following
methods:
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Send comments to the Docket
Management Facility; U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to the Docket
Management Facility at 202–493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
Web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:40 Jan 10, 2014
Jkt 232001
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: To read background
documents or comments received, go to
https://www.regulations.gov at any time
or to the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sandra Long, ARM–201, Federal
Aviation Administration, Office of
Rulemaking, 800 Independence Ave.
SW., Washington, DC 20591; email
Sandra.Long@faa.gov; (202) 493–5245.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on January 7,
2014.
Lirio Liu,
Director, Office of Rulemaking.
Petition for Exemption
Docket No.: FAA–2013–0883.
Petitioner: Tatonduk Outfitters, Ltd
d/b/a Everts Air Cargo.
Section of 14 CFR Affected: 14 CFR
91.801 and Appendix C of part 36.
Description of Relief Sought:
Petitioner requests relief to operate its
McDonnell Douglas DC–9s (recertified
with Stage 3 Hushkits) at higher than
conforming maximum landing weights,
thus making the airplanes noncompliant for Stage 3 noise.
[FR Doc. 2014–00338 Filed 1–10–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0154; FMCSA–
2012–0332; FMCSA–2013–0121; FMCSA–
2013–0122; FMCSA–2013–0123]
Qualification of Drivers; Application for
Exemptions; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to grant requests from 20
individuals for exemptions from the
Agency’s physical qualifications
standard concerning hearing for
interstate drivers. The current regulation
prohibits hearing impaired individuals
from operating CMVs in interstate
commerce. After notice and opportunity
for public comment, the Agency
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
2245
concluded that granting exemptions for
these commercial driver’s license (CDL)
holders to operate property-carrying
CMVs will provide a level of safety that
is equivalent to or greater than the level
of safety maintained without the
exemptions. The exemptions are valid
for a 2-year period and may be renewed,
and the exemptions preempt State laws
and regulations.
DATES: The exemptions are effective
January 13, 2014. The exemptions
expire on January 13, 2016.
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 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
A. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/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.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of DOT’s 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, or
other entity). You may review DOT’s
complete Privacy Act Statement in the
Federal Register (73 FR 3316, January
17, 2008).
B. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the safety regulations for a 2-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 2-year period. 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
E:\FR\FM\13JAN1.SGM
13JAN1
2246
Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Notices
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 grants 20 CDL holders an
exemption from § 391.41(b)(11)
concerning hearing to enable them to
operate property-carrying CMVs in
interstate commerce for a 2-year period.
The Agency’s decision on these
exemption applications is based on the
current medical literature and
information and the ‘‘Executive
Summary on Hearing, Vestibular
Function and Commercial Motor
Driving Safety’’ (the 2008 Evidence
Report) presented to FMCSA on August
26, 2008. The evidence report reached
two conclusions regarding the matter of
hearing loss and CMV driver safety: (1)
No studies that examined the
relationship between hearing loss and
crash risk exclusively among CMV
drivers were identified; and (2) evidence
from studies of the private driver license
holder population does not support the
contention that individuals with hearing
impairment are at an increased risk for
a crash. In addition, the Agency
reviewed each applicant’s driving
record found in the CDLIS,1 for CDL
holders, and inspections recorded in
MCMIS.2 Each applicant’s record
demonstrated a safe driving history. The
Agency believes the drivers covered by
the exemptions do not pose a risk to
public safety.
C. Comments
FMCSA announced the exemption
applications and requested public
comment for each of the applicants in
one of the notices below. For those
applicants discussed in a previous
notice but who are not mentioned in
this notice, the Agency will complete
the evaluation of those applications and
announce its decision at a later date.
tkelley on DSK3SPTVN1PROD with NOTICES
1 Commercial
Driver License Information System
(CDLIS) is an information system that allows the
exchange of commercial driver licensing
information among all the States. CDLIS includes
the databases of 51 licensing jurisdictions and the
CDLIS Central Site, all connected by a
telecommunications network.
2 Motor Carrier Management Information System
(MCMIS) is an information system that captures
data from field offices through SAFETYNET,
CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit,
and registration data.
VerDate Mar<15>2010
16:40 Jan 10, 2014
Jkt 232001
Docket # FMCSA–2012–0154
On May 25, 2012, FMCSA published
a notice of receipt of exemption
applications and requested public
comment on 45 individuals. The
comment period ended on July 30, 2012.
This application was in response to a
request from the National Association of
the Deaf (NAD). In response to this
notice, FMCSA received 570 comments
and granted 40 exemptions. The 570
comments were addressed in the
Agency’s notice published on February
1, 2013 (78 FR 7479).
Docket # FMCSA–2012–0332
On July 16, 2013, FMCSA published
a notice of receipt of exemption
applications and requested public
comment on 27 individuals. The
comment period ended on August 15,
2013. In response to the notice, FMCSA
received seven comments. All seven
commenters support the idea of granting
exemptions.
Docket # FMCSA–2013–0121
On May 3, 2013, FMCSA published a
notice of receipt of exemption
applications and requested public
comment on 9 individuals. The
comment period ended on June 3, 2013.
In response to the notice, FMCSA
received three comments. All three
commenters support the idea of granting
exemptions.
Docket # FMCSA–2013–0122
On May 6, 2013, FMCSA published a
notice of receipt of exemption
applications and requested public
comment on 16 individuals. The
comment period ended on June 5, 2013.
In response to the notice, FMCSA
received four comments. All four
commenters support the idea of granting
exemptions.
Docket # FMCSA–2013–0123
On July 16, 2013, FMCSA published
a notice of receipt of exemption
applications and requested public
comment on 27 individuals. The
comment period ended on August 15,
2013. In response to the notice, FMCSA
received seven comments. All seven
commenters support the idea of granting
exemptions.
D. Exemptions Granted
Following individualized assessments
of the exemption applications, FMCSA
grants exemptions from 49 CFR
391.41(b)(11) to 20 individuals. Under
current FMCSA regulations, all of the 20
drivers receiving exemptions from 49
CFR 391.41(b)(11) would have been
considered physically qualified to drive
a CMV in interstate commerce except
PO 00000
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Fmt 4703
Sfmt 4703
that they do not meet the hearing
requirement. FMCSA has determined
that the following applicants should be
granted an exemption.
Johsua Arango
Mr. Arango holds a class A CDL from
Florida.
Alan T. Brown
Mr. Brown holds a class B CDL from
New Jersey.
Mark Canoyer
Mr. Canoyer holds a class A CDL from
Minnesota.
Nelson De Leon
Mr. De Leon holds a class A CDL from
Florida.
Jerry Ferguson
Mr. Ferguson holds a class A CDL
from Texas.
Anthony Gray
Mr. Gray holds a class A CDL from
Kentucky.
Sue H. Gregory
Ms. Gregory holds a class A CDL from
Utah.
David Hoffman
Mr. Hoffman holds a class A CDL
from South Dakota.
Christopher A. Jayne
Mr. Jayne holds a class A CDL from
Missouri.
Valerie Johnson
Ms. Johnson holds a class B CDL from
California.
William Wallace Larson
Mr. Larson holds a class A CDL from
North Carolina.
Roy Lloyd, Sr.
Mr. Lloyd holds a class A CDL from
Virginia.
Ray Norris
Mr. Norris holds a class A CDL from
Texas.
Gilbert Partida
Mr. Partida holds a class A CDL from
Texas.
Johnny Pierson
Mr. Pierson holds a class A CDL from
Alabama.
James Queen
Mr. Queen holds a class A CDL from
Florida.
E:\FR\FM\13JAN1.SGM
13JAN1
Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Notices
Noel A. Rodriguez
Mr. Rodriguez holds a class A CDL
from New Hampshire.
James Schubin
Mr. Schubin holds a class A CDL from
California.
Benton Scott
Mr. Scott holds a class A CDL from
Mississippi.
Morris W. Townsend
Mr. Townsend holds a class A CDL
from North Carolina.
tkelley on DSK3SPTVN1PROD with NOTICES
E. Basis for Exemption
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the hearing standard in 49 CFR
391.41(b)(11) if the exemption is likely
to achieve an equivalent or greater level
of safety than would be achieved
without the exemption. With the
exemption, applicants can drive in
interstate commerce. Thus, the Agency’s
analysis focuses on whether an equal or
greater level of safety is likely to be
achieved by permitting each of these
drivers to drive in interstate commerce
as opposed to restricting him or her to
driving in intrastate commerce. Based
on its review of each driver’s record, the
Agency has concluded that allowing
these applicants to drive in interstate
commerce will achieve an equal level of
safety. Each driver must comply with
the terms and conditions of the
exemption. This includes reporting any
crashes or accidents as defined in 49
CFR 390.5 and reporting all citations
and convictions for disqualifying
offenses under 49 CFR part 383 and 49
CFR 391.
Conclusion
The Agency is granting exemptions
from the hearing standard, 49 CFR
391.41(b)(11), to 20 individuals based
on a thorough evaluation of each
driver’s qualifications and safety
experience. Safety analysis of
information relating to these 20
applicants meets the burden of showing
that granting the exemptions would
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved without the
exemption. By granting the exemptions,
the CMV industry will gain 20
additional CMV drivers. In accordance
with 49 U.S.C. 31315, each exemption
will be valid for 2 years from the
effective date with annual recertification
required unless revoked earlier by
FMCSA. The exemption will be revoked
if the following occurs: (1) The person
fails to comply with the terms and
conditions of the exemption; (2) the
VerDate Mar<15>2010
16:40 Jan 10, 2014
Jkt 232001
exemption has resulted in a lower level
of safety than was maintained prior to
being granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136 and 31315.
FMCSA exempts the following 20
drivers for a period of 2 years from the
physical qualification standard
concerning hearing: Johsua Arango (FL);
Alan Brown (NJ); Mark Canoyer (MN);
Nelson De Leon (FL); Jerry Ferguson
(TX); Anthony Gray (KY); Sue H.
Gregory (UT); David Hoffman (SD);
Christopher Jayne (MO); Valerie
Johnson (CA); William Larson (NC); Roy
Lloyd, Sr. (VA); Ray Norris (TX); Gilbert
Partida (TX); Johny Pierson (AL); James
Queen (FL); Noel Rodriguez (NH); James
Schubin (CA); Benton Scott (MS); and
Morris Townsend (NC).
Dated: January 7, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014–00411 Filed 1–10–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2003–15268; FMCSA–
2011–0275; FMCSA–2011–0298; FMCSA–
2011–0299]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 9
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to or greater
than the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
SUMMARY:
This decision is effective January
24, 2014. Comments must be received
on or before February 12, 2014.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2003–15268;
FMCSA–2011–0275; FMCSA–2011–
DATES:
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
2247
0298; FMCSA–2011–0299], using any of
the following methods:
• Federal eRulemaking Portal: Go to
https://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 or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number for this notice. Note that
DOT posts all comments received
without change to https://
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
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., Monday through
Friday, except Federal holidays. The
Federal Docket Management System
(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 online.
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 January 17,
2008 (73 FR 3316).
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:
E:\FR\FM\13JAN1.SGM
13JAN1
]]>Agencies
[Federal Register Volume 79, Number 8 (Monday, January 13, 2014)]
[Notices]
[Pages 2245-2247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00411]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0154; FMCSA-2012-0332; FMCSA-2013-0121; FMCSA-
2013-0122; FMCSA-2013-0123]
Qualification of Drivers; Application for Exemptions; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant requests from 20
individuals for exemptions from the Agency's physical qualifications
standard concerning hearing for interstate drivers. The current
regulation prohibits hearing impaired individuals from operating CMVs
in interstate commerce. After notice and opportunity for public
comment, the Agency concluded that granting exemptions for these
commercial driver's license (CDL) holders to operate property-carrying
CMVs will provide a level of safety that is equivalent to or greater
than the level of safety maintained without the exemptions. The
exemptions are valid for a 2-year period and may be renewed, and the
exemptions preempt State laws and regulations.
DATES: The exemptions are effective January 13, 2014. The exemptions
expire on January 13, 2016.
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 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
A. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov and/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.
Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's 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, or other
entity). You may review DOT's complete Privacy Act Statement in the
Federal Register (73 FR 3316, January 17, 2008).
B. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the safety regulations for a 2-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 2-year period. 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
[[Page 2246]]
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 grants 20 CDL holders an exemption from Sec. 391.41(b)(11)
concerning hearing to enable them to operate property-carrying CMVs in
interstate commerce for a 2-year period. The Agency's decision on these
exemption applications is based on the current medical literature and
information and the ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety'' (the 2008 Evidence Report)
presented to FMCSA on August 26, 2008. The evidence report reached two
conclusions regarding the matter of hearing loss and CMV driver safety:
(1) No studies that examined the relationship between hearing loss and
crash risk exclusively among CMV drivers were identified; and (2)
evidence from studies of the private driver license holder population
does not support the contention that individuals with hearing
impairment are at an increased risk for a crash. In addition, the
Agency reviewed each applicant's driving record found in the CDLIS,\1\
for CDL holders, and inspections recorded in MCMIS.\2\ Each applicant's
record demonstrated a safe driving history. The Agency believes the
drivers covered by the exemptions do not pose a risk to public safety.
---------------------------------------------------------------------------
\1\ Commercial Driver License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of 51 licensing jurisdictions and the CDLIS Central Site,
all connected by a telecommunications network.
\2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
---------------------------------------------------------------------------
C. Comments
FMCSA announced the exemption applications and requested public
comment for each of the applicants in one of the notices below. For
those applicants discussed in a previous notice but who are not
mentioned in this notice, the Agency will complete the evaluation of
those applications and announce its decision at a later date.
Docket FMCSA-2012-0154
On May 25, 2012, FMCSA published a notice of receipt of exemption
applications and requested public comment on 45 individuals. The
comment period ended on July 30, 2012. This application was in response
to a request from the National Association of the Deaf (NAD). In
response to this notice, FMCSA received 570 comments and granted 40
exemptions. The 570 comments were addressed in the Agency's notice
published on February 1, 2013 (78 FR 7479).
Docket FMCSA-2012-0332
On July 16, 2013, FMCSA published a notice of receipt of exemption
applications and requested public comment on 27 individuals. The
comment period ended on August 15, 2013. In response to the notice,
FMCSA received seven comments. All seven commenters support the idea of
granting exemptions.
Docket FMCSA-2013-0121
On May 3, 2013, FMCSA published a notice of receipt of exemption
applications and requested public comment on 9 individuals. The comment
period ended on June 3, 2013. In response to the notice, FMCSA received
three comments. All three commenters support the idea of granting
exemptions.
Docket FMCSA-2013-0122
On May 6, 2013, FMCSA published a notice of receipt of exemption
applications and requested public comment on 16 individuals. The
comment period ended on June 5, 2013. In response to the notice, FMCSA
received four comments. All four commenters support the idea of
granting exemptions.
Docket FMCSA-2013-0123
On July 16, 2013, FMCSA published a notice of receipt of exemption
applications and requested public comment on 27 individuals. The
comment period ended on August 15, 2013. In response to the notice,
FMCSA received seven comments. All seven commenters support the idea of
granting exemptions.
D. Exemptions Granted
Following individualized assessments of the exemption applications,
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 20 individuals.
Under current FMCSA regulations, all of the 20 drivers receiving
exemptions from 49 CFR 391.41(b)(11) would have been considered
physically qualified to drive a CMV in interstate commerce except that
they do not meet the hearing requirement. FMCSA has determined that the
following applicants should be granted an exemption.
Johsua Arango
Mr. Arango holds a class A CDL from Florida.
Alan T. Brown
Mr. Brown holds a class B CDL from New Jersey.
Mark Canoyer
Mr. Canoyer holds a class A CDL from Minnesota.
Nelson De Leon
Mr. De Leon holds a class A CDL from Florida.
Jerry Ferguson
Mr. Ferguson holds a class A CDL from Texas.
Anthony Gray
Mr. Gray holds a class A CDL from Kentucky.
Sue H. Gregory
Ms. Gregory holds a class A CDL from Utah.
David Hoffman
Mr. Hoffman holds a class A CDL from South Dakota.
Christopher A. Jayne
Mr. Jayne holds a class A CDL from Missouri.
Valerie Johnson
Ms. Johnson holds a class B CDL from California.
William Wallace Larson
Mr. Larson holds a class A CDL from North Carolina.
Roy Lloyd, Sr.
Mr. Lloyd holds a class A CDL from Virginia.
Ray Norris
Mr. Norris holds a class A CDL from Texas.
Gilbert Partida
Mr. Partida holds a class A CDL from Texas.
Johnny Pierson
Mr. Pierson holds a class A CDL from Alabama.
James Queen
Mr. Queen holds a class A CDL from Florida.
[[Page 2247]]
Noel A. Rodriguez
Mr. Rodriguez holds a class A CDL from New Hampshire.
James Schubin
Mr. Schubin holds a class A CDL from California.
Benton Scott
Mr. Scott holds a class A CDL from Mississippi.
Morris W. Townsend
Mr. Townsend holds a class A CDL from North Carolina.
E. Basis for Exemption
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the hearing standard in 49 CFR 391.41(b)(11) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. With the exemption, applicants can
drive in interstate commerce. Thus, the Agency's analysis focuses on
whether an equal or greater level of safety is likely to be achieved by
permitting each of these drivers to drive in interstate commerce as
opposed to restricting him or her to driving in intrastate commerce.
Based on its review of each driver's record, the Agency has concluded
that allowing these applicants to drive in interstate commerce will
achieve an equal level of safety. Each driver must comply with the
terms and conditions of the exemption. This includes reporting any
crashes or accidents as defined in 49 CFR 390.5 and reporting all
citations and convictions for disqualifying offenses under 49 CFR part
383 and 49 CFR 391.
Conclusion
The Agency is granting exemptions from the hearing standard, 49 CFR
391.41(b)(11), to 20 individuals based on a thorough evaluation of each
driver's qualifications and safety experience. Safety analysis of
information relating to these 20 applicants meets the burden of showing
that granting the exemptions would achieve a level of safety that is
equivalent to or greater than the level that would be achieved without
the exemption. By granting the exemptions, the CMV industry will gain
20 additional CMV drivers. In accordance with 49 U.S.C. 31315, each
exemption will be valid for 2 years from the effective date with annual
recertification required unless revoked earlier by FMCSA. The exemption
will be revoked if the following occurs: (1) The person fails to comply
with the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained prior to being
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136 and 31315.
FMCSA exempts the following 20 drivers for a period of 2 years from
the physical qualification standard concerning hearing: Johsua Arango
(FL); Alan Brown (NJ); Mark Canoyer (MN); Nelson De Leon (FL); Jerry
Ferguson (TX); Anthony Gray (KY); Sue H. Gregory (UT); David Hoffman
(SD); Christopher Jayne (MO); Valerie Johnson (CA); William Larson
(NC); Roy Lloyd, Sr. (VA); Ray Norris (TX); Gilbert Partida (TX); Johny
Pierson (AL); James Queen (FL); Noel Rodriguez (NH); James Schubin
(CA); Benton Scott (MS); and Morris Townsend (NC).
Dated: January 7, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-00411 Filed 1-10-14; 8:45 am]
BILLING CODE 4910-EX-P
