Qualification of Drivers; Application for Exemptions; Hearing, 40125-40127 [2015-17024]
Download as PDF
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices
shows no crashes and no convictions for
moving violations in a CMV.
Travis L. Watson
Mr. Watson, 68, has had refractive
amblyopia in his right eye since
childhood. The visual acuity in his right
eye is 20/70, and in his left eye, 20/20.
Following an examination in 2015, his
optometrist stated, ‘‘Mr. Watson has
sufficient vision to perform the driving
tasks to operate a commercial vehicle.’’
Mr. Watson reported that he has driven
straight trucks for 45 years,
accumulating 675,000 miles, and
tractor-trailer combinations for 40 years,
accumulating 600,000 miles. He holds a
Class A CDL from Tennessee. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Bruce W. Williams
Mr. Williams, 49, has had amblyopia
and a retinal detachment in his right eye
since childhood. The visual acuity in
his right eye is 20/200, and in his left
eye, 20/20. Following an examination in
2015, his ophthalmologist stated, ‘‘Also
in my opinion, he does have sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Williams reported that he
has driven tractor-trailer combinations
for 20 years, accumulating 200,000
miles. He holds a Class AM CDL from
Illinois. His driving record for the last
3 years shows no crashes and no
convictions for moving violations in a
CMV.
Norman G. Wooten
Mr. Wooten, 51, has had complete
loss of vision in his right eye since 2007
due to cancer. The visual acuity in his
right eye is no light perception, and in
his left eye, 20/25. Following an
examination in 2015, his optometrist
stated, ‘‘There is no reason Mr. Wooten
should not be able to perform any visual
tasks to include operation of
commercial vehicles.’’ Mr. Wooten
reported that he has driven straight
trucks for seven years, accumulating
665,000 miles, and tractor-trailer
combinations for 18 years, accumulating
1.97 million miles. He holds a Class A
CDL from Texas. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Kurt A. Yoder
Mr. Yoder, 40, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/100,
and in his left eye, 20/20. Following an
examination in 2015, his optometrist
stated, ‘‘Mr. Yoder should have no
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19:27 Jul 10, 2015
Jkt 235001
problems with continuing with his CDL
at this time. They amblyopia is
longstanding and he has adjusted to it
extremely well.’’ Mr. Yoder reported
that he has driven straight trucks for 13
years, accumulating 494,000 miles, and
tractor-trailer combinations for two
years, accumulating 156,000 miles. He
holds a Class A CDL from Ohio. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
III. 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, 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–2015–0053 in
the ‘‘Keyword’’ box, and click ‘‘Search.
When the new screen appears, click on
‘‘Comment Now!’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. . If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period and may change this
notice based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and insert
the docket number FMCSA–2015–0053
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ button and choose the
document listed to review. If you do not
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40125
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: June 24, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–17021 Filed 7–10–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0385]
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 15
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 these 15 individuals to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before August 12, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA2014–0385 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,
1200 New Jersey Avenue SE.,
SUMMARY:
E:\FR\FM\13JYN1.SGM
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40126
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices
Washington, DC, between 9 a.m. and 5
p.m., ET, Monday through Friday,
except Federal Holidays.
• Fax: 1–202–493–2251.
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 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 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: 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, 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:
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.
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
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
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)].
Background
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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.
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19:27 Jul 10, 2015
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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.
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
www.regulations.gov and in the search
box insert the docket number ‘‘FMCSA–
2014–0385’’ 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, 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
2 This report is available on the FMCSA Web site
at https://www.fmcsa.dot.gov/facts-research/
research-technology/publications/medreport_
archives.htm.
E:\FR\FM\13JYN1.SGM
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Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices
may issue a final rule at any time after
the close of the comment period.
Viewing Comments and Documents
To view comments, go to
www.regulations.gov and in the search
box insert the docket number ‘‘FMCSA–
2014–0385’’ 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
Dean J. Bobis
Mr. Bobis, 38, holds an operator’s
license in Arizona.
Keith A. Byrd
Mr. Byrd, 52, holds an operator’s
license in New Jersey.
Jeffrey D. Cottom
Mr. Cottom, 24, holds a class A CDL
in Ohio.
Harold Richard Deavers
Roderick B. Thomas
Mr. Thomas, 50, holds a class A CDL
in Georgia.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b)(4), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. The Agency will consider all
comments received before the close of
business August 12, 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.
Mr. Deavers, 56, holds a class B CDL
in West Virginia.
Issued on: July 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.
Charles James Heikkinen
[FR Doc. 2015–17024 Filed 7–10–15; 8:45 am]
Mr. Heikkinen, 34, holds a
Chauffeur’s license Michigan.
BILLING CODE 4910–EX–P
Emil Atanassov Iontchev
DEPARTMENT OF TRANSPORTATION
Mr. Iontchev, 34, holds an operator’s
license in Illinois.
Federal Motor Carrier Safety
Administration
Amy Marie Ivins
[Docket No. FMCSA–2015–0116]
Ms. Ivins, 37, holds an operator’s
license in Nebraska.
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
William Kevin Jones
Mr. Jones, 67, holds an operator’s
license in Minnesota.
Anthony Michael Maginity
Mr. Maginity, 24, holds an operator’s
license in Iowa.
Jerrell M. McCrary
Mr. McCrary, 50, holds an operator’s
license in North Carolina.
Frank P. Oakley, II
Mr. Oakley, 46, holds an operator’s
license in Georgia.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
David Antrez Presley
Mr. Presley, 34, holds an operator’s
license in Georgia.
Patricia L. Stephens
Ms. Stephens, 44, holds an operator’s
license in Nebraska.
Jason D. Swearington
Mr. Swearington, 28, holds an
operator’s license in Texas.
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19:27 Jul 10, 2015
Jkt 235001
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 21 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
SUMMARY:
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Fmt 4703
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40127
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 August 12, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2015–0116 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,
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
E:\FR\FM\13JYN1.SGM
13JYN1
Agencies
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40125-40127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17024]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0385]
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 15 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 these 15 individuals to operate CMVs in interstate
commerce.
DATES: Comments must be received on or before August 12, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA- 2014-0385 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, 1200 New Jersey Avenue SE.,
[[Page 40126]]
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal Holidays.
Fax: 1-202-493-2251.
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 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 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: 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,
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New
Jersey Avenue, SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
The Federal Motor Carrier Safety Administration has authority to
grant exemptions from many of the Federal Motor Carrier Safety
Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA
has published in 49 CFR part 381, subpart C final rules implementing
the statutory changes in its exemption procedures made by section 4007,
69 FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart
C, FMCSA must publish a notice of each exemption request in the Federal
Register. The Agency must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted and any research reports,
technical papers and other publications referenced in the application.
The Agency must also provide an opportunity to submit public comment on
the applications for exemption.
---------------------------------------------------------------------------
\1\ This action adopted as final rules the interim final rules
issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)),
and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].
---------------------------------------------------------------------------
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved without the exemption. The decision of the Agency must be
published in the Federal Register. If the Agency denies the request, it
must state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the 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 www.regulations.gov and in the
search box insert the docket number ``FMCSA-2014-0385'' 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
[[Page 40127]]
may issue a final rule at any time after the close of the comment
period.
Viewing Comments and Documents
To view comments, go to www.regulations.gov and in the search box
insert the docket number ``FMCSA-2014-0385'' 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
Dean J. Bobis
Mr. Bobis, 38, holds an operator's license in Arizona.
Keith A. Byrd
Mr. Byrd, 52, holds an operator's license in New Jersey.
Jeffrey D. Cottom
Mr. Cottom, 24, holds a class A CDL in Ohio.
Harold Richard Deavers
Mr. Deavers, 56, holds a class B CDL in West Virginia.
Charles James Heikkinen
Mr. Heikkinen, 34, holds a Chauffeur's license Michigan.
Emil Atanassov Iontchev
Mr. Iontchev, 34, holds an operator's license in Illinois.
Amy Marie Ivins
Ms. Ivins, 37, holds an operator's license in Nebraska.
William Kevin Jones
Mr. Jones, 67, holds an operator's license in Minnesota.
Anthony Michael Maginity
Mr. Maginity, 24, holds an operator's license in Iowa.
Jerrell M. McCrary
Mr. McCrary, 50, holds an operator's license in North Carolina.
Frank P. Oakley, II
Mr. Oakley, 46, holds an operator's license in Georgia.
David Antrez Presley
Mr. Presley, 34, holds an operator's license in Georgia.
Patricia L. Stephens
Ms. Stephens, 44, holds an operator's license in Nebraska.
Jason D. Swearington
Mr. Swearington, 28, holds an operator's license in Texas.
Roderick B. Thomas
Mr. Thomas, 50, holds a class A CDL in Georgia.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment from all interested persons on the exemption
petitions described in this notice. The Agency will consider all
comments received before the close of business August 12, 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: July 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-17024 Filed 7-10-15; 8:45 am]
BILLING CODE 4910-EX-P