Qualification of Drivers; Application for Exemptions; Hearing, 26610-26612 [2015-11121]
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26610
Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices
available at https://www.efl.fhwa.
dot.gov/projects/tamiami-trail.aspx.
5. Project Location: Palm Beach
County, SR 7 Extension. Federal Aid
No: 4752(030)P. Project Type: The
project will extend SR 7 for 8.5 miles
from SR704 (Okeechobee Boulevard) to
SR809A (Northlake Boulevard). The
actions by FHWA and the laws under
which such actions were taken are
described in the EA and in the FONSI
issued on February 19, 2015, and are
available at https://
www.sr7extension.com/home.htm.
6. Project Location: Brevard County,
Palm Bay Parkway Southern
Interchange at I–95. Financial Project
No: 426904–1–22–01 and 426904–1–22–
02 Project Type: The project builds a
new interchange that will directly
connect the Palm Bay Parkway and
Micco Road to I–95 just south of the
City of Palm Bay in Brevard County.
The actions by FHWA and the laws
under which such actions were taken
are described in the EA and in the
FONSI issued on February 25, 2015, and
are available at
www.palmbayinterchange.com.
7. Project Location: Alachua and
Putnam Counties, SR 20. Financial
Project No: 207818–1 and 210024–1.
Project Type: The project will widen
SR–20 from a two-lane rural roadway to
a four-lane urban divided roadway with
a raised median from US–301 to CR–
315. The actions by FHWA and the laws
under which such actions were taken
are described in the EA and in the
FONSI issued on March 17, 2015, and
are available at https://
www.nflroads.com/_layouts/
FDOT%20D2%20Northeast%20
Florida%20Road%20Construction/
ProjectDetails.aspx?pid=12&sid=All.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Authority: 23 U.S.C. 139(l)(1).
Dated: April 23, 2015.
James C. Christian,
Division Administrator, Federal Highway
Administration, Tallahassee, Florida.
[FR Doc. 2015–10431 Filed 5–7–15; 8:45 am]
BILLING CODE 4910–RY–P
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Jkt 235001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0384]
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 12
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 12
individuals to operate CMVs in
interstate commerce.
DATES: Comments must be received on
or before June 8, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2014–0384 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
SUMMARY:
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
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).
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
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\08MYN1.SGM
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Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices
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
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
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16:38 May 07, 2015
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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.
Information on Individual Applicants
Submitting Comments
Robert J. Knapp
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–2014–0384’’ 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.
Mr. Knapp, 47, holds an operator’s
license in Wisconsin.
Viewing Comments and Documents
2 This report is available on the FMCSA Web site
at https://www.fmcsa.dot.gov/facts-research/
research-technology/publications/medreport_
archives.htm.
26611
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–2014–0384’’ and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to the proposed
rulemaking.
PO 00000
Frm 00090
Fmt 4703
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Thomas M. Carr
Mr. Carr, 50, holds a Class B
commercial driver’s license (CDL) in
Pennsylvania.
Randy Ray Griffin
Mr. Griffin, 50, holds an operator’s
license in California.
William Hall
Mr. Hall, 35, holds an operator’s
license in Alabama.
Robert Chance Hayden
Mr. Hayden, 29, holds an operator’s
license in Florida.
Keith P. Miller
Mr. Miller, 37, holds an operator’s
license in Pennsylvania.
Ramoncito Sanchez
Mr. Sanchez, 34, holds an operator’s
license in Texas.
Bradly D. Sexton
Mr. Sexton, 36, holds an operator’s
license in Oklahoma.
Sandy L. Sloat
Ms. Sloat, 34, holds an operator’s
license in Texas.
Robert A. Toler
Mr. Toler, 31, holds an operator’s
license in Missouri.
Jeffry B. Webber
Mr. Webber, 53, holds an operator’s
license in Oklahoma.
Michael K. Wilkes
Mr. Wilkes, 50, holds an operator’s
license in Massachusetts.
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 June 8, 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
E:\FR\FM\08MYN1.SGM
08MYN1
26612
Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices
persons should monitor the public
docket for new material.
Issued on: May 4, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–11121 Filed 5–7–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0115]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 18 individuals for an
exemption from the prohibition against
persons with a clinical diagnosis of
epilepsy or any other condition that is
likely to cause a loss of consciousness
or any loss of ability to operate a
commercial motor vehicle (CMV) in
interstate commerce. The regulation and
the associated advisory criteria
published in the Code of Federal
Regulations as the ‘‘Instructions for
Performing and Recording Physical
Examinations’’ have resulted in
numerous drivers being prohibited from
operating CMVs in interstate commerce
based on the fact that they have had one
or more seizures and are taking antiseizure medication, rather than an
individual analysis of their
circumstances by a qualified medical
examiner. If granted, the exemptions
would enable these individuals who
have had one or more seizures and are
taking anti-seizure medication to
operate CMVs for up to 2 years in
interstate commerce.
DATES: Comments must be received on
or before June 8, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2015–0115 using any of the following
methods:
• Federal eRulemaking Portal: Go to
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,
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
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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.
Each submission must include the
Agency name and the docket ID for this
Notice. Note that DOT posts all
comments received without change to
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 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 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 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, or via email at
fmcsamedical@dot.gov, or by letter to
FMCSA, Room W64–113, Department of
Transportation, 1200 New Jersey
Avenue SE., 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
Under 49 U.S.C. 31315 and 31136(e),
FMCSA may grant an exemption for up
to 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 statutes
allow the Agency to renew exemptions
at the end of the 2-year period. The 18
individuals listed in this notice have
requested an exemption from the
epilepsy prohibition in 49 CFR
391.41(b)(8), which applies to drivers
who operate CMVs as defined in 49 CFR
390.5, in interstate commerce. Section
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Fmt 4703
Sfmt 4703
391.41(b)(8) states that a person is
physically qualified to drive a CMV if
that person has no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause the loss of consciousness or any
loss of ability to control a CMV.
FMCSA provides medical advisory
criteria for use by medical examiners in
determining whether drivers with
certain medical conditions should be
certified to operate CMVs in intrastate
commerce. The advisory criteria
indicate that if an individual has had a
sudden episode of a non-epileptic
seizure or loss of consciousness of
unknown cause that did not require
anti-seizure medication, the decision
whether that person’s condition is likely
to cause the loss of consciousness or
loss of ability to control a CMV should
be made on an individual basis by the
medical examiner in consultation with
the treating physician. Before
certification is considered, it is
suggested that a 6-month waiting period
elapse from the time of the episode.
Following the waiting period, it is
suggested that the individual have a
complete neurological examination. If
the results of the examination are
negative and anti-seizure medication is
not required, then the driver may be
qualified.
In those individual cases where a
driver had a seizure or an episode of
loss of consciousness that resulted from
a known medical condition (e.g., drug
reaction, high temperature, acute
infectious disease, dehydration, or acute
metabolic disturbance), certification
should be deferred until the driver has
recovered fully from that condition, has
no existing residual complications, and
is not taking anti-seizure medication.
Drivers who have a history of
epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years,
may be qualified to operate a CMV in
interstate commerce. Interstate drivers
with a history of a single unprovoked
seizure may be qualified to drive a CMV
in interstate commerce if seizure-free
and off anti-seizure medication for a 5year period or more.
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
E:\FR\FM\08MYN1.SGM
08MYN1
Agencies
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Notices]
[Pages 26610-26612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11121]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0384]
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 12 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 12 individuals to operate CMVs in interstate commerce.
DATES: Comments must be received on or before June 8, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0384 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). 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
[[Page 26611]]
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-2014-0384'' 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-2014-0384'' 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
Thomas M. Carr
Mr. Carr, 50, holds a Class B commercial driver's license (CDL) in
Pennsylvania.
Randy Ray Griffin
Mr. Griffin, 50, holds an operator's license in California.
William Hall
Mr. Hall, 35, holds an operator's license in Alabama.
Robert Chance Hayden
Mr. Hayden, 29, holds an operator's license in Florida.
Robert J. Knapp
Mr. Knapp, 47, holds an operator's license in Wisconsin.
Keith P. Miller
Mr. Miller, 37, holds an operator's license in Pennsylvania.
Ramoncito Sanchez
Mr. Sanchez, 34, holds an operator's license in Texas.
Bradly D. Sexton
Mr. Sexton, 36, holds an operator's license in Oklahoma.
Sandy L. Sloat
Ms. Sloat, 34, holds an operator's license in Texas.
Robert A. Toler
Mr. Toler, 31, holds an operator's license in Missouri.
Jeffry B. Webber
Mr. Webber, 53, holds an operator's license in Oklahoma.
Michael K. Wilkes
Mr. Wilkes, 50, holds an operator's license in Massachusetts.
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 June 8, 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
[[Page 26612]]
persons should monitor the public docket for new material.
Issued on: May 4, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-11121 Filed 5-7-15; 8:45 am]
BILLING CODE 4910-EX-P