Qualification of Drivers; Application for Exemptions; Hearing, 3306-3308 [2015-00995]
Download as PDF
3306
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices
years indicates each applicant continues
to meet the vision exemption
requirements. These factors provide an
adequate basis for predicting each
driver’s ability to continue to drive
safely in interstate commerce.
Therefore, FMCSA concludes that
extending the exemption for each
renewal applicant for a period of two
years is likely to achieve a level of safety
equal to that existing without the
exemption.
IV. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
tkelley on DSK3SPTVN1PROD with NOTICES
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2006–26066; FMCSA–
2008–0340), indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
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 the Agency can contact you if it has
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov and put the
docket number, ‘‘FMCSA–2006–26066;
FMCSA–2008–0340’’ 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, self-addressed 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 any
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and in the
search box insert the docket number,
‘‘FMCSA–2006–26066; FMCSA–2008–
0340’’ in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click ‘‘Open Docket
VerDate Sep<11>2014
18:09 Jan 21, 2015
Jkt 235001
Folder’’ button 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: January 12, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–01001 Filed 1–21–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0106]
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 14
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 14 individuals to operate CMVs
in interstate commerce.
DATES: Comments must be received on
or before February 23, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2014–0106 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.
SUMMARY:
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
• 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 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:
Charles A. Horan, III, Director, Office of
Carrier, Driver and Vehicle Safety, (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).
E:\FR\FM\22JAN1.SGM
22JAN1
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices
FMCSA has published in 49 CFR part
381, subpart C final rules implementing
the statutory changes in its exemption
procedures made by section 4007, 69 FR
51589 (August 20, 2004).1 Under the
rules in part 381, subpart C, FMCSA
must publish a notice of each exemption
request in the Federal Register. The
Agency must provide the public with an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted and any research reports,
technical papers and other publications
referenced in the application. The
Agency must also provide an
opportunity to submit public comment
on the applications for exemption.
The Agency reviews the safety
analyses and the public comments and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to or greater than
the level that would be achieved
without the exemption. The decision of
the Agency must be published in the
Federal Register. If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must also specify
the effective period of the exemption
(up to 2 years) and explain the terms
and conditions of the exemption. The
exemption may be renewed.
The current provisions of the FMCSRs
concerning hearing state that a person is
physically qualified to drive a CMV if
that person
tkelley on DSK3SPTVN1PROD with NOTICES
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
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)].
VerDate Sep<11>2014
18:09 Jan 21, 2015
Jkt 235001
3307
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
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.
FMCSA Requests Comments on the
Exemption Applications
Viewing Comments and Documents
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
https://www.regulations.gov and in the
search box insert the docket number
‘‘FMCSA–2014–0106’’ 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.
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–2014–0106’’ 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
Weston Tyler Arthurs
Mr. Arthurs, 27, holds an operator’s
license in California.
Kevin Ray Ballard
Mr. Ballard, 37, holds an operator’s
license in Texas.
Jeremy Wayne Brandyberry
Mr. Brandyberry, 33, holds an
operator’s license in Nebraska.
Scott C. Friede
Mr. Friede, 39, holds a Class A
commercial driver’s license (CDL) in
Nebraska.
Glenn E. Hivey
Mr. Hivey, 80, holds a Class A
commercial driver’s license (CDL) in
Pennsylvania.
Jeremiah Putnam Hoagland
Mr. Hoagland, 34, holds a Class A
commercial driver’s license (CDL) in
Colorado.
Curtis J. Horning
Mr. Horning, 39, holds an operator’s
license in Pennsylvania.
Leroy Lynch
Mr. Lynch, 58, holds a Class A
commercial driver’s license (CDL) in
Ohio.
Floyd McClain, Jr.
Mr. McClain, 37, holds an operator’s
license in Florida.
Christopher David McKenzie
Mr. McKenzie, 36, holds an operator’s
license in Texas.
Kimothy Fred Mcleod
2 This
report is available on the FMCSA Web site
at https://www.fmcsa.dot.gov/facts-research/
research-technology/publications/medreport_
archives.htm.
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
Mr. Mcleod, 50, holds a Class A
commercial driver’s license (CDL) in
Georgia.
E:\FR\FM\22JAN1.SGM
22JAN1
3308
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices
Victor Morales-Contreras
Mr. Morales-Contreras, 26, holds an
operator’s license in Texas.
Brandon Veronie, Sr.
Mr. Veronie, 35, holds a chauffeur’s
license in Louisiana.
Anthony L. Witcher
Mr. Witcher, 54, holds a chauffeur’s
license in Michigan.
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 February 23, 2015. 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: January 12, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–00995 Filed 1–21–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0337]
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 13
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
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:09 Jan 21, 2015
Jkt 235001
commercial motor vehicle (CMV)
drivers.
DATES: This decision is effective
February 11, 2015. Comments must be
received on or before February 23, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2012–0337], 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 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 on-line.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Charles A. Horan, III, Director, Office of
Carrier, Driver and Vehicle Safety, 202–
366–4001, fmcsamedical@dot.gov,
FMCSA, Department of Transportation,
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
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:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-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
procedures for requesting an exemption
(including renewals) are set out in 49
CFR part 381.
II. Exemption Decision
This notice addresses 13 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
13 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Joseph Colecchi (PA)
William A. Donovan (WA)
Douglas Eamens (NY)
Brian Knust (IL)
James W. Long (AR)
Dean L. Price (WA)
Roberto A. Ramos (TX)
Johnie Reed (VA)
Sammie Q. Soles, Jr. (MI)
Joseph Stenberg (MT)
Karl H. Strangfeld (UT)
Grover C. Taylor (VA)
Donald L. Weston (PA)
The exemptions are extended subject
to the following conditions: (1) That
each individual has a physical
examination every year (a) by an
ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the requirements in
49 CFR 391.41(b)(10), and (b) by a
medical examiner who attests that the
individual is otherwise physically
qualified under 49 CFR 391.41; (2) that
each individual provides a copy of the
ophthalmologist’s or optometrist’s
report to the medical examiner at the
time of the annual medical examination;
and (3) that each individual provide a
copy of the annual medical certification
to the employer for retention in the
driver’s qualification file and retains a
copy of the certification on his/her
person while driving for presentation to
a duly authorized Federal, State, or local
enforcement official. Each exemption
will be valid for two years unless
E:\FR\FM\22JAN1.SGM
22JAN1
Agencies
[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Notices]
[Pages 3306-3308]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00995]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0106]
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 14 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 14 individuals to operate CMVs in interstate commerce.
DATES: Comments must be received on or before February 23, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0106 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: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety, (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).
[[Page 3307]]
FMCSA has published in 49 CFR part 381, subpart C final rules
implementing the statutory changes in its exemption procedures made by
section 4007, 69 FR 51589 (August 20, 2004).\1\ Under the rules in part
381, subpart C, FMCSA must publish a notice of each exemption request
in the Federal Register. The Agency must provide the public with an
opportunity to inspect the information relevant to the application,
including any safety analyses that have been conducted and any research
reports, technical papers and other publications referenced in the
application. The Agency must also provide an opportunity to submit
public comment on the applications for exemption.
---------------------------------------------------------------------------
\1\ This action adopted as final rules the interim final rules
issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)),
and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].
---------------------------------------------------------------------------
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved without the exemption. The decision of the Agency must be
published in the Federal Register. If the Agency denies the request, it
must state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must also specify the
effective period of the exemption (up to 2 years) and explain the terms
and conditions of the exemption. The exemption may be renewed.
The current provisions of the FMCSRs concerning hearing state that
a person is physically qualified to drive a CMV if that person
First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.
49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision in 1971 to allow drivers to be qualified under this standard
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36
FR 12857 (July 3, 1971).
FMCSA also issues instructions for completing the medical
examination report and includes advisory criteria on the report itself
to provide guidance for medical examiners in applying the hearing
standard. See 49 CFR 391.43(f). The current advisory criteria for the
hearing standard include a reference to a report entitled ``Hearing
Disorders and Commercial Motor Vehicle Drivers'' prepared for the
Federal Highway Administration, FMCSA's predecessor, in 1993.\2\
---------------------------------------------------------------------------
\2\ This report is available on the FMCSA Web site at 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.
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-2014-0106'' 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 https://www.regulations.gov and in the search box insert the docket number
``FMCSA-2014-0106'' 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
Weston Tyler Arthurs
Mr. Arthurs, 27, holds an operator's license in California.
Kevin Ray Ballard
Mr. Ballard, 37, holds an operator's license in Texas.
Jeremy Wayne Brandyberry
Mr. Brandyberry, 33, holds an operator's license in Nebraska.
Scott C. Friede
Mr. Friede, 39, holds a Class A commercial driver's license (CDL)
in Nebraska.
Glenn E. Hivey
Mr. Hivey, 80, holds a Class A commercial driver's license (CDL) in
Pennsylvania.
Jeremiah Putnam Hoagland
Mr. Hoagland, 34, holds a Class A commercial driver's license (CDL)
in Colorado.
Curtis J. Horning
Mr. Horning, 39, holds an operator's license in Pennsylvania.
Leroy Lynch
Mr. Lynch, 58, holds a Class A commercial driver's license (CDL) in
Ohio.
Floyd McClain, Jr.
Mr. McClain, 37, holds an operator's license in Florida.
Christopher David McKenzie
Mr. McKenzie, 36, holds an operator's license in Texas.
Kimothy Fred Mcleod
Mr. Mcleod, 50, holds a Class A commercial driver's license (CDL)
in Georgia.
[[Page 3308]]
Victor Morales-Contreras
Mr. Morales-Contreras, 26, holds an operator's license in Texas.
Brandon Veronie, Sr.
Mr. Veronie, 35, holds a chauffeur's license in Louisiana.
Anthony L. Witcher
Mr. Witcher, 54, holds a chauffeur's license in Michigan.
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 February 23, 2015.
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: January 12, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-00995 Filed 1-21-15; 8:45 am]
BILLING CODE 4910-EX-P