Qualification of Drivers; Application for Exemptions; Hearing, 69989-69990 [2014-27741]

Download as PDF Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and put the docket number FMCSA–2014–0298 in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov and insert the docket number FMCSA–2014–0298 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued on: November 17, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–27747 Filed 11–21–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0105] asabaliauskas on DSK5VPTVN1PROD with NOTICES 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 SUMMARY: VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 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 December 24, 2014. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2014–0105 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 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 PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 69989 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. 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 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\24NON1.SGM 24NON1 69990 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES 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 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. 2 This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/ research-technology/publications/medreport_ archives.htm. VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number ‘‘FMCSA–2014–0105’’ 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 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, 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. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number ‘‘FMCSA–2014–0105’’ and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Brenda J. Palmigiano Ms. Palmigiano, 55, holds a Class A commercial driver’s license (CDL) in New York. Lon Edward Smith Mr. Smith, 79, holds an operator’s license in Mississippi. Mark Taylor Mr. Taylor, 45, holds an operator’s license in Arizona. James Clark Tillis Mr. Tillis, 52, holds an operator’s license in Alabama. Bruce N. Walker Mr. Walker, 65, holds an operator’s license in New York. Tommy Mark Weldon Mr. Weldon, 51, holds an operator’s license in Georgia. 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 December 24, 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 17, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–27741 Filed 11–21–14; 8:45 am] BILLING CODE 4910–EX–P?USGPO Galley End:?≤ Information on Individual Applicants Clayton L. Ashby DEPARTMENT OF TRANSPORTATION Mr. Ashby, 27, holds an operator’s license in Virginia. Joseph G. Cerna-Nieves Mr. Cerna-Nieves, 23, holds an operator’s license in Florida. Steven C. Levine Mr. Levine, 39, holds an operator’s license in New York. Donna Neri Ms. Neri, 50, holds an operator’s license in Arizona. PO 00000 Frm 00169 Fmt 4703 Sfmt 4703 Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2014–0136 (Notice No. 14–13)] Information Collection Activities Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: E:\FR\FM\24NON1.SGM 24NON1

Agencies

[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69989-69990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27741]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0105]


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 December 24, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0105 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), 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

[[Page 69990]]

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.

Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number ``FMCSA-2014-0105'' and 
click the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and 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 http://www.regulations.gov and in the search box insert the docket number 
``FMCSA-2014-0105'' 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

Clayton L. Ashby

    Mr. Ashby, 27, holds an operator's license in Virginia.

Joseph G. Cerna-Nieves

    Mr. Cerna-Nieves, 23, holds an operator's license in Florida.

Steven C. Levine

    Mr. Levine, 39, holds an operator's license in New York.

Donna Neri

    Ms. Neri, 50, holds an operator's license in Arizona.

Brenda J. Palmigiano

    Ms. Palmigiano, 55, holds a Class A commercial driver's license 
(CDL) in New York.

Lon Edward Smith

    Mr. Smith, 79, holds an operator's license in Mississippi.

Mark Taylor

    Mr. Taylor, 45, holds an operator's license in Arizona.

James Clark Tillis

    Mr. Tillis, 52, holds an operator's license in Alabama.

Bruce N. Walker

    Mr. Walker, 65, holds an operator's license in New York.

Tommy Mark Weldon

    Mr. Weldon, 51, holds an operator's license in Georgia.

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 December 24, 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 17, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-27741 Filed 11-21-14; 8:45 am]
BILLING CODE 4910-EX-P?USGPO Galley End:?>