Qualification of Drivers; Application for Exemptions; Hearing, 18697-18699 [2015-07909]
Download as PDF
Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices
driving with the respective vision
deficiencies over the past two 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
IV. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2007–27333; FMCSA–
2008–0398; FMCSA–2010–0082;
FMCSA–2010–0201; FMCSA–2010–
0385; FMCSA–2011–0010; FMCSA–
2011–0024; FMCSA–2012–0338;
FMCSA–2013–0022), 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–2007–27333;
FMCSA–2008–0398; FMCSA–2010–
0082; FMCSA–2010–0201; FMCSA–
2010–0385; FMCSA–2011–0010;
FMCSA–2011–0024; FMCSA–2012–
0338; FMCSA–2013–0022’’ 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
VerDate Sep<11>2014
17:46 Apr 06, 2015
Jkt 235001
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–2007–27333; FMCSA–2008–
0398; FMCSA–2010–0082; FMCSA–
2010–0201; FMCSA–2010–0385;
FMCSA–2011–0010; FMCSA–2011–
0024; FMCSA–2012–0338; FMCSA–
2013–0022’’ in the ‘‘Keyword’’ box and
click ‘‘Search.’’ Next, click ‘‘Open
Docket 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: April 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–07908 Filed 4–6–15; 8:45 am]
BILLING CODE CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0383]
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 30
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 these
requests after reviewing the public
comments submitted in response to this
notice, the exemptions would enable 30
individuals to operate CMVs in
interstate commerce.
SUMMARY:
PO 00000
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Fmt 4703
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18697
Comments must be received on
or before May 7, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2014–0383 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 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
DATES:
E:\FR\FM\07APN1.SGM
07APN1
18698
Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices
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
mstockstill on DSK4VPTVN1PROD with NOTICES
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
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
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
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.
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
https://www.regulations.gov and in the
search box insert the docket number
‘‘FMCSA–2014–0383’’ 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
Neal Everett Boatman, Jr.
Mr. Boatman, 37, holds an operator’s
license in Arizona.
Herbert Dean Crowe
Mr. Crowe, 50, holds an operator’s
license in Missouri.
David Keith Cannon
Mr. Cannon, 47, holds an operator’s
license in Missouri.
Bryant Cater
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,
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–2014–0383’’ and click the
search button. When the new screen
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)].
2 This report is available on the FMCSA Web site
at https://www.fmcsa.dot.gov/facts-research/
research-technology/publications/medreport_
archives.htm.
Mark Dickson
VerDate Sep<11>2014
17:46 Apr 06, 2015
Jkt 235001
PO 00000
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Fmt 4703
Sfmt 4703
Mr. Cater, 54, holds a Class A
commercial driver’s license (CDL) in
Tennessee.
Frankye D. Crews
Ms. Crews, 44, holds an operator’s
license in Florida.
Justin Craig Cribb
Mr. Cribb, 36, holds an operator’s
license in South Carolina.
William Reeder Darnell
Mr. Darnell, 40, holds a Class A
commercial driver’s license (CDL) in
Arizona.
Mr. Dickson, 55, holds an operator’s
license in Texas.
E:\FR\FM\07APN1.SGM
07APN1
Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices
David W. Shores
Mr. Shores, 47, holds a Class A
commercial driver’s license (CDL) in
North Carolina.
Kelly Gene Eller
Mr. Eller, 50, holds an operator’s
license in North Carolina.
Elliot David Fellows
Mr. Fellows, 22, holds an operator’s
license in New York.
David H. Grady
Michael Whitman
Mr. Whitman, 39, holds an operator’s
license in New Jersey.
Mr. Grady, 46, holds a Class B
commercial driver’s license (CDL) in
Colorado.
Richard E. Whittaker
Mr. Whittaker, 44, holds a Chauffeur’s
license in Indiana.
Alissa Haselhorst
Ms. Haselhorst, 27, holds an
operator’s license in Nebraska.
Brian David Whittington
Mr. Whittington, 48, holds a Class A
commercial driver’s license (CDL) in
Michigan.
Nathan John Hill
Mr. Hill, 31, holds an operator’s
license in Georgia.
Jason R. Gensler
Scott Matchett
Mr. Matchett, 32, holds an operator’s
license in New York.
Mr. Gensler, 36, holds an operator’s
license in Ohio.
Thomas P. Lipyanic, Jr.
Mr. Lipyanic, 49, holds a Class A
commercial driver’s license (CDL) in
Pennsylvania.
Brian L. Lloyd
Mr. Lloyd, 41, holds an operator’s
license in Ohio.
Kelsey Rae Maginity
Ms. Maginity, 23, holds an operator’s
license in Iowa.
Donald B. Malley
Mr. Malley, 60, holds a Class A
commercial driver’s license (CDL) in
Missouri.
Courtney Maloney
Ms. Maloney, 26, holds an operator’s
license in New York.
Amy Elizabeth Marcus
Ms. Marcus, 42, holds an operator’s
license in Michigan.
Jonython A. Mason
Kathy Ann Meadows
mstockstill on DSK4VPTVN1PROD with NOTICES
Ms. Meadows, 57, holds a Class A
commercial driver’s license (CDL) in
Georgia.
Devin Jamal Moffett
Mr. Moffett, 23, holds an operator’s
license in Georgia.
Issued on: April 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–07909 Filed 4–6–15; 8:45 am]
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA–2014–0009]
Response to Comments on Updates to
National Transit Database Annual
Information Collection
AGENCY:
Federal Transit Administration,
DOT.
Anthony Joseph Saive
Mr. Saive, 29, holds a Class B
commercial driver’s license (CDL) in
Ohio.
17:46 Apr 06, 2015
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 May 7, 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.
BILLING CODE CODE 4910–EX–P
Mr. Mason, 33, holds an operator’s
license in California.
VerDate Sep<11>2014
Jonathan P. Veach
Mr. Veach, 32, holds an operator’s
license in Illinois.
Jkt 235001
Notice of Revised NTD
Reporting Manual and Response to
Comments.
ACTION:
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
18699
This notice provides the
Federal Transit Administration’s
response to comments on proposed
changes to the National Transit Database
(NTD) Reporting Manual, and provides
notice that the final Reporting Manual
for the 2014 Report Year is now
available. The guidance changes in this
notice primarily relate to urbanized area
transit providers.
DATES: Upon publication of this notice
the rules and guidance it describes will
become final.
FOR FURTHER INFORMATION CONTACT:
Keith R. Gates, National Transit
Database Program Manager, FTA Office
of Budget and Policy, (202) 366–1794, or
email: keith.gates@dot.gov
SUPPLEMENTARY INFORMATION:
Title: 49 U.S.C. 5335(a) and (b)
National Transit Database. (OMB
Number: 2132–0008).
Background: Sections 5335(a) and (b)
of title 49, United States Code, require
the Secretary of Transportation to
maintain a reporting system, using a
uniform system of accounts, to collect
financial and operating information
from the Nation’s public transportation
systems. Congress established the
National Transit Database (NTD) to be
the repository of national transit data to
support public transportation service
planning. The Federal Transit
Administration (FTA) administers the
NTD to meet these requirements and has
collected data for over 30 years. The
NTD is comprised of the Annual, Rural,
Monthly, and Safety modules. Each
module has a Reporting Manual, which
FTA updates from time to time to
provide new guidance to reporters. This
notice provides final updates to the
Annual Reporting Manual for the 2014
Report Year.
Approximately 850 urban transit
systems currently report to the NTD
Annual Module. Each system provides a
report on their sources and uses of
funds, their capital assets, the amount of
service they provide and a Chief
Executive Officer (CEO) certification of
the data. The reporting requirements for
the NTD are within the level that
received Paperwork Reduction Act
(PRA) approval as part of the entire NTD
PRA notice published in the Federal
Register on November 7, 2011 (76 FR
6881) and approved by the Office of
Management and Budget (OMB) on
April 29, 2012.
On August 19, 2014, FTA published
a Federal Register notice for comment
on revisions to the NTD Reporting
Manual (79 FR 49146). That notice
described various changes to the NTD
Annual Module that are taking effect
with the FY 2014 NTD Report Year. The
SUMMARY:
E:\FR\FM\07APN1.SGM
07APN1
Agencies
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18697-18699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07909]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0383]
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 30 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 these requests after reviewing the
public comments submitted in response to this notice, the exemptions
would enable 30 individuals to operate CMVs in interstate commerce.
DATES: Comments must be received on or before May 7, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0383 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
[[Page 18698]]
W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to
5 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
The Federal Motor Carrier Safety Administration has authority to
grant exemptions from many of the Federal Motor Carrier Safety
Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA-21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA has
published in 49 CFR part 381, subpart C final rules implementing the
statutory changes in its exemption procedures made by section 4007, 69
FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart C,
FMCSA must publish a notice of each exemption request in the Federal
Register. The Agency must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted and any research reports,
technical papers and other publications referenced in the application.
The Agency must also provide an opportunity to submit public comment on
the applications for exemption.
---------------------------------------------------------------------------
\1\ This action adopted as final rules the interim final rules
issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)),
and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].
---------------------------------------------------------------------------
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved without the exemption. The decision of the Agency must be
published in the Federal Register. If the Agency denies the request, it
must state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must also specify the
effective period of the exemption (up to 2 years) and explain the terms
and conditions of the exemption. The exemption may be renewed.
The current provisions of the FMCSRs concerning hearing state that
a person is physically qualified to drive a CMV if that person
First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.
49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision in 1971 to allow drivers to be qualified under this standard
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36
FR 12857 (July 3, 1971).
FMCSA also issues instructions for completing the medical
examination report and includes advisory criteria on the report itself
to provide guidance for medical examiners in applying the hearing
standard. See 49 CFR 391.43(f). The current advisory criteria for the
hearing standard include a reference to a report entitled ``Hearing
Disorders and Commercial Motor Vehicle Drivers'' prepared for the
Federal Highway 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-2014-0383'' 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-2014-0383'' 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
Neal Everett Boatman, Jr.
Mr. Boatman, 37, holds an operator's license in Arizona.
Herbert Dean Crowe
Mr. Crowe, 50, holds an operator's license in Missouri.
David Keith Cannon
Mr. Cannon, 47, holds an operator's license in Missouri.
Bryant Cater
Mr. Cater, 54, holds a Class A commercial driver's license (CDL) in
Tennessee.
Frankye D. Crews
Ms. Crews, 44, holds an operator's license in Florida.
Justin Craig Cribb
Mr. Cribb, 36, holds an operator's license in South Carolina.
William Reeder Darnell
Mr. Darnell, 40, holds a Class A commercial driver's license (CDL)
in Arizona.
Mark Dickson
Mr. Dickson, 55, holds an operator's license in Texas.
[[Page 18699]]
Kelly Gene Eller
Mr. Eller, 50, holds an operator's license in North Carolina.
Elliot David Fellows
Mr. Fellows, 22, holds an operator's license in New York.
David H. Grady
Mr. Grady, 46, holds a Class B commercial driver's license (CDL) in
Colorado.
Alissa Haselhorst
Ms. Haselhorst, 27, holds an operator's license in Nebraska.
Nathan John Hill
Mr. Hill, 31, holds an operator's license in Georgia.
Jason R. Gensler
Mr. Gensler, 36, holds an operator's license in Ohio.
Thomas P. Lipyanic, Jr.
Mr. Lipyanic, 49, holds a Class A commercial driver's license (CDL)
in Pennsylvania.
Brian L. Lloyd
Mr. Lloyd, 41, holds an operator's license in Ohio.
Kelsey Rae Maginity
Ms. Maginity, 23, holds an operator's license in Iowa.
Donald B. Malley
Mr. Malley, 60, holds a Class A commercial driver's license (CDL)
in Missouri.
Courtney Maloney
Ms. Maloney, 26, holds an operator's license in New York.
Amy Elizabeth Marcus
Ms. Marcus, 42, holds an operator's license in Michigan.
Jonython A. Mason
Mr. Mason, 33, holds an operator's license in California.
Kathy Ann Meadows
Ms. Meadows, 57, holds a Class A commercial driver's license (CDL)
in Georgia.
Devin Jamal Moffett
Mr. Moffett, 23, holds an operator's license in Georgia.
Anthony Joseph Saive
Mr. Saive, 29, holds a Class B commercial driver's license (CDL) in
Ohio.
David W. Shores
Mr. Shores, 47, holds a Class A commercial driver's license (CDL)
in North Carolina.
Jonathan P. Veach
Mr. Veach, 32, holds an operator's license in Illinois.
Michael Whitman
Mr. Whitman, 39, holds an operator's license in New Jersey.
Richard E. Whittaker
Mr. Whittaker, 44, holds a Chauffeur's license in Indiana.
Brian David Whittington
Mr. Whittington, 48, holds a Class A commercial driver's license
(CDL) in Michigan.
Scott Matchett
Mr. Matchett, 32, holds an operator's license in New York.
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 May 7, 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: April 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-07909 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 4910-EX-P