Qualification of Drivers; Application for Exemptions; Hearing, 28120-28121 [2016-10789]

Download as PDF 28120 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices Conclusion FMCSA evaluated the 7 individual exemption requests on their merits, available data from Evidence Reports and Medical Expert Panel opinions on the impact of ICDs on Commercial Motor Vehicle driving, and the public comments received. The Agency has determined that the available medical literature and data does not support a conclusion that granting these exemptions would achieve a level of safety equivalent to or greater than the level of safety maintained without the exemptions. Each applicant has, prior to this notice, received a letter of final disposition on his/her exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published today summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4). The following 7 applicants are denied exemptions from the cardiovascular standard. Ellis James Benson, Jon Carey, Martin Carter, Carl Jeglum, William Kastner, Mark Todd Smith, Andre Williams. Issued on: April 28, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–10875 Filed 5–6–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0329] Qualification of Drivers; Application for Exemptions; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 30 individuals for an exemption from the hearing requirement to operate commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before June 8, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2015–0329 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 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., 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., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) for a 2-year PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 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 statute also allows the Agency to renew exemptions at the end of the 2-year period. The 30 individuals listed in this notice have recently requested such an exemption from the hearing requirement in 49 CFR 391.41(b)(11), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding hearing found in 49 CFR 391.41(b)(11) states 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. This standard was adopted in 1970 and was revised 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). II. Qualifications of Applicants James E. Adams Mr. Adams, age 44, holds an operator’s license in Georgia. Ronald Bagby Mr. Bagby, age 66, holds an operator’s license in Missouri. Robert Barnett Mr. Barnett, age 66, holds an operator’s license in Michigan. Jason A. Beutal Mr. Beutal, age 39, holds an operator’s license in Wisconsin. Benjamin Bottoms Mr. Bottoms, age 37, holds an operator’s license in Virginia. Edward Broeker Mr. Broeker, age 54, holds an operator’s license in California. John Brown Mr. Brown, age 59, holds a class A CDL in Minnesota. E:\FR\FM\09MYN1.SGM 09MYN1 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 28121 FMCSA–2015–0329 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Chris C. Calogar Mr. Calogar, age 46, holds an operator’s license in Ohio. Wayne Turner Mr. Turner, age 26, holds an operator’s license in Illinois. Richard P. Carney Mr. Carney, age 58, holds an operator’s license in New York. Paul Wentworth Mr. Wentworth, age 48, holds an operator’s license in Texas. David Cochran Mr. Cochran, age 32, holds an operator’s license in Washington. Kevin L.Wickman Mr. Wickman, age 51, holds an operator’s license in Iowa. [FR Doc. 2016–10789 Filed 5–6–16; 8:45 am] Mark Deaken Mr. Deaken, age 27, holds a class A CDL in Montana. Robert G. Wilson Mr. Wilson, age 64, holds an operator’s license in Tennessee. DEPARTMENT OF TRANSPORTATION Ronald Doiron Mr. Doiron, age 49, holds an operator’s license in Massachusetts. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. Glenn Ferguson Mr. Ferguson, age 52, holds an operator’s license in Texas. James Griffin Mr. Griffin, age 59, holds an operator’s license in Tennessee. James Harris Mr. Harris, age 55, holds an operator’s license in Florida. Kristina Hundorf Ms. Hundorf, age 50, holds an operator’s license in California. Kenneth Jones Mr. Jones, age 55, holds a class A CDL in New Jersey. Paul Mansfield Mr. Mansfield, age 39, holds an operator’s license in Kansas. Eric Muniz Mr. Muniz, age 38, holds an operator’s license in Oklahoma. Anthony Panto Mr. Panto, age 57, holds a class A CDL in New Jersey. David Pogue Mr. Pogue, age 31, holds a class B CDL in Missouri. mstockstill on DSK3G9T082PROD with NOTICES Jeffrey Prag Mr. Prag, age 56, holds a class AM CDL in Georgia. James Prine Mr. Prine, age 67, holds an operator’s license in Arkansas. Steven Tipton Mr. Tipton, age 50, holds an operator’s license in Iowa. Eric Trevino Mr. Trevino, age 30, holds an operator’s license in Texas. VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 IV. 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–2015–0329 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. FMCSA may issue a final determination any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to https://www.regulations.gov and in the search box insert the docket number PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 Issued on: April 29, 2016. Larry W. Minor, Associate Administrator for Policy. BILLING CODE 4910–EX–P Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0039] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 65 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. SUMMARY: Comments must be received on or before June 8, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2016–0039 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., 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. DATES: E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28120-28121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10789]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0329]


Qualification of Drivers; Application for Exemptions; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 30 individuals 
for an exemption from the hearing requirement to operate commercial 
motor vehicles (CMVs) in interstate commerce. If granted, the 
exemptions would enable these individuals to operate CMVs in interstate 
commerce.

DATES: Comments must be received on or before June 8, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0329 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., 
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., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a 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 of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations (FMCSRs) for 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 statute also allows the Agency to 
renew exemptions at the end of the 2-year period. The 30 individuals 
listed in this notice have recently requested such an exemption from 
the hearing requirement in 49 CFR 391.41(b)(11), which applies to 
drivers of CMVs in interstate commerce. Accordingly, the Agency will 
evaluate the qualifications of each applicant to determine whether 
granting the exemption will achieve the required level of safety 
mandated by statute.
    The physical qualification standard for drivers regarding hearing 
found in 49 CFR 391.41(b)(11) states 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.

    This standard was adopted in 1970 and was revised 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).

II. Qualifications of Applicants

James E. Adams

    Mr. Adams, age 44, holds an operator's license in Georgia.

Ronald Bagby

    Mr. Bagby, age 66, holds an operator's license in Missouri.

Robert Barnett

    Mr. Barnett, age 66, holds an operator's license in Michigan.

Jason A. Beutal

    Mr. Beutal, age 39, holds an operator's license in Wisconsin.

Benjamin Bottoms

    Mr. Bottoms, age 37, holds an operator's license in Virginia.

Edward Broeker

    Mr. Broeker, age 54, holds an operator's license in California.

John Brown

    Mr. Brown, age 59, holds a class A CDL in Minnesota.

[[Page 28121]]

Chris C. Calogar

    Mr. Calogar, age 46, holds an operator's license in Ohio.

Richard P. Carney

    Mr. Carney, age 58, holds an operator's license in New York.

David Cochran

    Mr. Cochran, age 32, holds an operator's license in Washington.

 Mark Deaken

    Mr. Deaken, age 27, holds a class A CDL in Montana.

Ronald Doiron

    Mr. Doiron, age 49, holds an operator's license in Massachusetts.

Glenn Ferguson

    Mr. Ferguson, age 52, holds an operator's license in Texas.

James Griffin

    Mr. Griffin, age 59, holds an operator's license in Tennessee.

James Harris

    Mr. Harris, age 55, holds an operator's license in Florida.

Kristina Hundorf

    Ms. Hundorf, age 50, holds an operator's license in California.

Kenneth Jones

    Mr. Jones, age 55, holds a class A CDL in New Jersey.

Paul Mansfield

    Mr. Mansfield, age 39, holds an operator's license in Kansas.

Eric Muniz

    Mr. Muniz, age 38, holds an operator's license in Oklahoma.

Anthony Panto

    Mr. Panto, age 57, holds a class A CDL in New Jersey.

David Pogue

    Mr. Pogue, age 31, holds a class B CDL in Missouri.

Jeffrey Prag

    Mr. Prag, age 56, holds a class AM CDL in Georgia.

James Prine

    Mr. Prine, age 67, holds an operator's license in Arkansas.

Steven Tipton

    Mr. Tipton, age 50, holds an operator's license in Iowa.

Eric Trevino

    Mr. Trevino, age 30, holds an operator's license in Texas.

Wayne Turner

    Mr. Turner, age 26, holds an operator's license in Illinois.

Paul Wentworth

    Mr. Wentworth, age 48, holds an operator's license in Texas.

Kevin L.Wickman

    Mr. Wickman, age 51, holds an operator's license in Iowa.

Robert G. Wilson

    Mr. Wilson, age 64, holds an operator's license in Tennessee.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the date section 
of the notice.

IV. 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-2015-0329 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. FMCSA may issue a final determination any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to https://www.regulations.gov and in the search box insert 
the docket number FMCSA-2015-0329 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: April 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10789 Filed 5-6-16; 8:45 am]
 BILLING CODE 4910-EX-P
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