Qualification of Drivers; Exemption Applications; Hearing, 47294-47296 [2017-21896]
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47294
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
2017, and will expire on August 30,
2019.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the applicable date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–21901 Filed 10–10–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0058]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 91 individuals for an
exemption from the hearing requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions would enable these hard of
hearing and deaf individuals to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before November 13, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2016–0004 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online 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.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUMMARY:
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17:58 Oct 10, 2017
Jkt 244001
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) 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 online.
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (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 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-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 five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
The 91 individuals listed in this
notice have requested an exemption
from the hearing requirement in 49 CFR
391.41(b)(11). 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).
On February 1, 2013, FMCSA
announced in a Notice of Final
Disposition titled, Qualification of
Drivers; Application for Exemptions;
National Association of the Deaf, (78 FR
7479), its decision to grant requests from
40 individuals for exemptions from the
Agency’s physical qualification
standard concerning hearing for
interstate CMV drivers. Since the
February 1, 2013 notice, the Agency has
published additional notices granting
requests from hard of hearing and deaf
individuals for exemptions from the
Agency’s physical qualification
standard concerning hearing for
interstate CMV drivers.
II. Qualifications of Applicants
Mario Alvarado: Mr. Alvarado, age 28,
holds an operator’s license in California.
Shey C. Amberson: Mr. Amberson, age
39, holds an operator’s license in
Florida.
Kasseth Andrews: Mr. Andrews, age
33, holds an operator’s license in
Massachusetts.
Steven Andrews: Mr. Andrews, age
33, holds an operator’s license in
Florida.
Randy Bailey: Mr. Bailey, age 36,
holds an operator’s license in New
Jersey.
Ivan Batista: Mr. Batista, age 36, holds
an operator’s license in New Jersey.
Larry G. Beeson: Mr. Beeson, age 75,
holds a class B CDL in North Carolina.
Deontae Blanks: Mr. Blanks, age 34,
holds an operator’s license in Texas.
Daryl A. Broker: Mr. Broker, age 63,
holds a class A CDL in Minnesota.
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Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
Justin Brooks: Mr. Brooks, age 37,
holds an operator’s license in
Washington.
Daniel Camp: Mr. Camp, age 28, holds
an operator’s license in Georgia.
Joseph Caplan: Mr. Caplan, age 67,
holds a class A CDL in Connecticut.
Vincente Carreon: Mr. Carreon, age
55, holds a class A CDL in Texas.
Richard N. Casto: Mr. Casto, age 49,
holds an operator’s license in Ohio.
Blair D. Chappell: Mr. Chappell, age
35, holds an operator’s license in
Pennsylvania.
Christa B. Coppley: Ms. Coppley, age
43, holds an operator’s license in North
Carolina.
Leslie Crump: Mr. Crump, age 43,
holds an operator’s license in Indiana.
William Darnell: Mr. Darnell, age 43,
holds a class A CDL in Arizona.
Travis K. Davisson: Mr. Davisson, age
43, holds a class A CDL in Iowa.
Sean M. Dearsman: Mr. Dearsman,
age 39, holds an operator’s license in
Ohio.
Shane DiBernado: Mr. DiBernado, age
22, holds an operator’s license in
Colorado.
James Edmonson: Mr. Edmonson, age
35, holds an operator’s license in
Louisiana.
Gary Effner: Mr. Effner, age 46, holds
an operator’s license in Massachusetts.
Mitchell R. Estill: Mr. Estill, age 41,
holds an operator’s license in Missouri.
Jeremy Exum: Mr. Exum, age 41,
holds an operator’s license in Texas.
William F. Farrell: Mr. Farrell, age 59,
holds an operator’s license in
Wisconsin.
Lucius Fowler: Mr. Fowler, age 44,
holds an operator’s license in Illinois.
Bruce Francechi: Mr. Francechi, age
52, holds an operator’s license in New
York.
Buddy Gann: Mr. Gann, age 39, holds
an operator’s license in Indiana.
Blanca Gerardo: Mr. Gerardo, age 43,
holds an operator’s license in Texas.
Teela Gilmore: Ms. Gilmore, age 41,
holds an operator’s license in Georgia.
Douglas M. Gray: Mr. Gray, age 56,
holds a class A CDL in Oregon.
John Grebenc: Mr. Grebenc, age 45,
holds a class A CDL in Minnesota.
Kimberly Gumm: Ms. Gumm, age 56,
holds a Class A CDL in Indiana.
Conrad Hause: Mr. Hause, age 36,
holds an operator’s license in Maryland.
John Hayt, III: Mr. Hayt, age 30, holds
an operator’s license in Florida.
Raymond E. Henk: Mr. Henk, age 46,
holds an operator’s license in Texas.
Jorge L. Hernandez: Mr. Hernandez,
age 27, holds an operator’s license in
Texas.
Andrew J. Hippler: Mr. Hippler, age
43, holds a class A CDL in Idaho.
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17:58 Oct 10, 2017
Jkt 244001
Charles Holbrook: Mr. Holbroon, age
47, holds a class A CDL in Maryland.
Paul Hoover: Mr. Hoover, age 30,
holds a class A CDL in Pennsylvania.
Buford G. Hudson: Mr. Hudson, age
50, holds an operator’s license in
Kentucky.
Thomas Jensen: Mr. Jensen, age 55,
holds a class A CDL in Iowa.
Charles J. Jernigan, Jr.: Mr. Jernigan,
age 54, holds an operator’s license in
South Carolina.
James M. Johnson: Mr. Johnson, age
46, holds a class A CDL in Minnesota.
Matthew Jones: Mr. Jones, age 43,
holds an operator’s license in California.
Ronald L. Jones: Mr. Jones, age 61,
holds an operator’s license in
Oklahoma.
Wayne A. Kramas: Mr. Kramas, age
53, holds an operator’s license in
Wisconsin.
Daniel Krystosek: Mr. Krystosek, age
25, holds a class A CDL in Minnesota.
Nicholas Kulasa: Mr. Kulasa, age 32,
holds an operator’s license in Illinois.
Ryan R. Larkin: Mr. Larkin, age 35,
Holds an operator’s license in
Massachusetts.
Aaron S. Leader: Mr. Leader, age 36,
holds an operator’s license in Arizona.
Brian Levinson: Mr. Levinson, age 50,
holds an operator’s license in Florida.
Benjamin Lockwood: Mr. Lockwood,
age 27, holds an operator’s license in
Texas.
Stephen O. Lothamer: Mr. Lothamer,
age 55, holds a class A CDL in
Michigan.
Pete Love, Jr.: Mr. Love, age 43, holds
an operator’s license in Nebraska.
John R. Martikainen: Mr. Martikainen,
age 38, holds an operator’s license in
Connecticut.
Cory McDaniel: Mr. McDaniel, age 29,
holds an operator’s license in
Pennsylvania.
Jamarques McMahon: Mr. McMahon,
age 24, holds an operator’s license in
Texas.
Ty McRae: Mr. McRae, age 23, holds
an operator’s license in Georgia.
David W. Morgan: Mr. Morgan, age 47,
holds an operator’s license in Idaho.
Coltin Mueller: Mr. Mueller, age 21,
holds an operator’s license in
Wisconsin.
Eddie P. Naquin: Mr. Naquin, age 47,
holds an operator’s license in Texas.
Ernest O. Noel: Mr. Noel, age 41,
holds an operator’s license in Indiana.
Robert C. Oliver: Mr. Oliver, age 45,
holds a class A CDL in Washington.
Tim S. Oyler: Mr. Oyler, age 48, holds
a class A CDL in Utah.
Douglas Pfueger: Mr. Pfueger, age 52,
holds an operator’s license in Missouri.
Charles L. Pitt: Mr. Pitt, age 53, holds
an operator’s license in Alabama.
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47295
Jonathan Pitts: Mr. Pitts, age 47, holds
an operator’s license in Maryland.
Robert F. Quintero: Mr. Quintero, age
62, holds an operator’s license in
Illinois.
Jonathan Ramos: Mr. Ramos, age 30,
holds an operator’s license in Nebraska.
James E. Redmond: Mr. Redmond, age
43, holds an operator’s license in
Illinois.
Lucas Robinson: Mr. Robinson, age
37, holds an operator’s license in Ohio.
David Rowe: Mr. Rowe, age 41, holds
an operator’s license in Colorado.
Dustin Sargent: Mr. Sargent, age 31,
holds an operator’s license in Texas.
Carl Seabough: Mr. Seabough, age 46,
Holds an operator’s license in Florida.
Johnny Seng: Mr. Seng, age 22, holds
an operator’s license in Rhode Island.
Michael Singleton: Mr. Singleton, age
44, holds an operator’s license in Texas.
Marshall Smith: Mr. Smith, age 32,
holds an operator’s license in Texas.
Lonnie D. Stockton: Mr. Stockton, age
52, holds an operator’s license in Texas.
Robert S. Swafford: Mr. Swafford, age
31, holds an operator’s license in
Oklahoma.
Michael N. Swetnam: Mr. Swetnam,
age 63, holds a class A CDL in Texas.
Courtney D. Turner: Ms. Turner, age
38, holds a class A CDL in Virginia.
Corey Twombly: Mr. Twombly, age
27, holds an operator’s license in New
York.
Gary Wallace: Mr. Wallace, age 60,
holds a class A CDL in North Carolina.
James R. Wilson: Mr. Wilson, age 40,
holds an operator’s license in
Mississippi.
Melanie Wilson: Ms. Wilson, age 53,
holds an operator’s license in Texas.
Ricky M. Winslow: Mr. Winslow, age
56, holds a class A CDL in Michigan.
Jerry E. Wright: Mr. Wright, age 63,
holds a class A CDL in North Carolina.
Kedir Yimamu: Mr. Yimamu, age 34,
holds an operator’s license in Virginia.
Edward J. Zozaya: Mr. Zozaya, age 34,
holds an operator’s license in Arizona.
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 dates section of the notice.
III. 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
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47296
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
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–2016–0004 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
materials received during the comment
period. FMCSA may issue a final
determination any time after the close of
the comment period.
IV. 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–2016–0004 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–21896 Filed 10–10–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
[Docket No. FMCSA–2017–0020]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
AGENCY:
FMCSA announces its
decision to exempt 11 individuals from
the vision requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial
motor vehicle (CMV) in interstate
commerce. They are unable to meet the
vision requirement in one eye for
various reasons. The exemptions enable
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I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/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., e.t., Monday through Friday,
except Federal holidays.
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
Federal Motor Carrier Safety
Administration
SUMMARY:
these individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: The exemptions were applicable
on August 25, 2017. The exemptions
expire on August 25, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (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., e.t., Monday through Friday,
except Federal holidays. If you have
questions regarding viewing or
submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
On July 25, 2017, FMCSA published
a notice announcing receipt of
applications from 11 individuals
requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10)
and requested comments from the
public (82 FR 34564). The public
comment period ended on August 24,
2017, and no comments were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting the exemptions to these
individuals would achieve a level of
safety equivalent to or greater than the
level that would be achieved by
complying with the current regulation
49 CFR 391.41(b)(10).
The physical qualification standard
for drivers regarding vision found in 49
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Sfmt 4703
CFR 391.41(b)(10) states that a person is
physically qualified to drive a CMV if
that person:
Has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective
lenses or visual acuity separately corrected to
20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/
40 (Snellen) in both eyes with or without
corrective lenses, field of vision of at least
70° in the horizontal meridian in each eye,
and the ability to recognize the colors of
traffic signals and devices showing red,
green, and amber.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the vision standard in 49 CFR
391.41(b)(10) if the exemption is likely
to achieve an equivalent or greater level
of safety than would be achieved
without the exemption. The exemption
allows applicants to operate CMVs in
interstate commerce.
The Agency’s decision regarding these
exemption applications is based on
medical reports about the applicants’
vision as well as their driving records
and experience driving with the vision
deficiency. The qualifications,
experience, and medical condition of
each applicant were stated and
discussed in detail in the July 25, 2017,
Federal Register notice (82 FR 34564)
and will not be repeated in this notice.
FMCSA recognizes that some drivers
do not meet the vision requirement but
have adapted their driving to
accommodate their limitation and
demonstrated their ability to drive
safely. The 11 exemption applicants
listed in this notice are in this category.
They are unable to meet the vision
requirement in one eye for various
reasons, including amblyopia,
enucleated eye, pars planitis, prosthetic
eye, and retinal detachment. In most
cases, their eye conditions were not
recently developed. Nine of the
applicants were either born with their
vision impairments or have had them
since childhood. The two individuals
that sustained their vision conditions as
adults have had it for a range of six to
nine years. Although each applicant has
one eye which does not meet the vision
requirement in 49 CFR 391.41(b)(10),
each has at least 20/40 corrected vision
in the other eye, and in a doctor’s
opinion, has sufficient vision to perform
all the tasks necessary to operate a CMV.
Doctors’ opinions are supported by
the applicants’ possession of a valid
license to operate a CMV. By meeting
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Agencies
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47294-47296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21896]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0058]
Qualification of Drivers; Exemption Applications; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 91 individuals
for an exemption from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions would
enable these hard of hearing and deaf individuals to operate CMVs in
interstate commerce.
DATES: Comments must be received on or before November 13, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2016-0004 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online 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 number(s) 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 online.
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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (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 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-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
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
The 91 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11).
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).
On February 1, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Application for
Exemptions; National Association of the Deaf, (78 FR 7479), its
decision to grant requests from 40 individuals for exemptions from the
Agency's physical qualification standard concerning hearing for
interstate CMV drivers. Since the February 1, 2013 notice, the Agency
has published additional notices granting requests from hard of hearing
and deaf individuals for exemptions from the Agency's physical
qualification standard concerning hearing for interstate CMV drivers.
II. Qualifications of Applicants
Mario Alvarado: Mr. Alvarado, age 28, holds an operator's license
in California.
Shey C. Amberson: Mr. Amberson, age 39, holds an operator's license
in Florida.
Kasseth Andrews: Mr. Andrews, age 33, holds an operator's license
in Massachusetts.
Steven Andrews: Mr. Andrews, age 33, holds an operator's license in
Florida.
Randy Bailey: Mr. Bailey, age 36, holds an operator's license in
New Jersey.
Ivan Batista: Mr. Batista, age 36, holds an operator's license in
New Jersey.
Larry G. Beeson: Mr. Beeson, age 75, holds a class B CDL in North
Carolina.
Deontae Blanks: Mr. Blanks, age 34, holds an operator's license in
Texas.
Daryl A. Broker: Mr. Broker, age 63, holds a class A CDL in
Minnesota.
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Justin Brooks: Mr. Brooks, age 37, holds an operator's license in
Washington.
Daniel Camp: Mr. Camp, age 28, holds an operator's license in
Georgia.
Joseph Caplan: Mr. Caplan, age 67, holds a class A CDL in
Connecticut.
Vincente Carreon: Mr. Carreon, age 55, holds a class A CDL in
Texas.
Richard N. Casto: Mr. Casto, age 49, holds an operator's license in
Ohio.
Blair D. Chappell: Mr. Chappell, age 35, holds an operator's
license in Pennsylvania.
Christa B. Coppley: Ms. Coppley, age 43, holds an operator's
license in North Carolina.
Leslie Crump: Mr. Crump, age 43, holds an operator's license in
Indiana.
William Darnell: Mr. Darnell, age 43, holds a class A CDL in
Arizona.
Travis K. Davisson: Mr. Davisson, age 43, holds a class A CDL in
Iowa.
Sean M. Dearsman: Mr. Dearsman, age 39, holds an operator's license
in Ohio.
Shane DiBernado: Mr. DiBernado, age 22, holds an operator's license
in Colorado.
James Edmonson: Mr. Edmonson, age 35, holds an operator's license
in Louisiana.
Gary Effner: Mr. Effner, age 46, holds an operator's license in
Massachusetts.
Mitchell R. Estill: Mr. Estill, age 41, holds an operator's license
in Missouri.
Jeremy Exum: Mr. Exum, age 41, holds an operator's license in
Texas.
William F. Farrell: Mr. Farrell, age 59, holds an operator's
license in Wisconsin.
Lucius Fowler: Mr. Fowler, age 44, holds an operator's license in
Illinois.
Bruce Francechi: Mr. Francechi, age 52, holds an operator's license
in New York.
Buddy Gann: Mr. Gann, age 39, holds an operator's license in
Indiana.
Blanca Gerardo: Mr. Gerardo, age 43, holds an operator's license in
Texas.
Teela Gilmore: Ms. Gilmore, age 41, holds an operator's license in
Georgia.
Douglas M. Gray: Mr. Gray, age 56, holds a class A CDL in Oregon.
John Grebenc: Mr. Grebenc, age 45, holds a class A CDL in
Minnesota.
Kimberly Gumm: Ms. Gumm, age 56, holds a Class A CDL in Indiana.
Conrad Hause: Mr. Hause, age 36, holds an operator's license in
Maryland.
John Hayt, III: Mr. Hayt, age 30, holds an operator's license in
Florida.
Raymond E. Henk: Mr. Henk, age 46, holds an operator's license in
Texas.
Jorge L. Hernandez: Mr. Hernandez, age 27, holds an operator's
license in Texas.
Andrew J. Hippler: Mr. Hippler, age 43, holds a class A CDL in
Idaho.
Charles Holbrook: Mr. Holbroon, age 47, holds a class A CDL in
Maryland.
Paul Hoover: Mr. Hoover, age 30, holds a class A CDL in
Pennsylvania.
Buford G. Hudson: Mr. Hudson, age 50, holds an operator's license
in Kentucky.
Thomas Jensen: Mr. Jensen, age 55, holds a class A CDL in Iowa.
Charles J. Jernigan, Jr.: Mr. Jernigan, age 54, holds an operator's
license in South Carolina.
James M. Johnson: Mr. Johnson, age 46, holds a class A CDL in
Minnesota.
Matthew Jones: Mr. Jones, age 43, holds an operator's license in
California.
Ronald L. Jones: Mr. Jones, age 61, holds an operator's license in
Oklahoma.
Wayne A. Kramas: Mr. Kramas, age 53, holds an operator's license in
Wisconsin.
Daniel Krystosek: Mr. Krystosek, age 25, holds a class A CDL in
Minnesota.
Nicholas Kulasa: Mr. Kulasa, age 32, holds an operator's license in
Illinois.
Ryan R. Larkin: Mr. Larkin, age 35, Holds an operator's license in
Massachusetts.
Aaron S. Leader: Mr. Leader, age 36, holds an operator's license in
Arizona.
Brian Levinson: Mr. Levinson, age 50, holds an operator's license
in Florida.
Benjamin Lockwood: Mr. Lockwood, age 27, holds an operator's
license in Texas.
Stephen O. Lothamer: Mr. Lothamer, age 55, holds a class A CDL in
Michigan.
Pete Love, Jr.: Mr. Love, age 43, holds an operator's license in
Nebraska.
John R. Martikainen: Mr. Martikainen, age 38, holds an operator's
license in Connecticut.
Cory McDaniel: Mr. McDaniel, age 29, holds an operator's license in
Pennsylvania.
Jamarques McMahon: Mr. McMahon, age 24, holds an operator's license
in Texas.
Ty McRae: Mr. McRae, age 23, holds an operator's license in
Georgia.
David W. Morgan: Mr. Morgan, age 47, holds an operator's license in
Idaho.
Coltin Mueller: Mr. Mueller, age 21, holds an operator's license in
Wisconsin.
Eddie P. Naquin: Mr. Naquin, age 47, holds an operator's license in
Texas.
Ernest O. Noel: Mr. Noel, age 41, holds an operator's license in
Indiana.
Robert C. Oliver: Mr. Oliver, age 45, holds a class A CDL in
Washington.
Tim S. Oyler: Mr. Oyler, age 48, holds a class A CDL in Utah.
Douglas Pfueger: Mr. Pfueger, age 52, holds an operator's license
in Missouri.
Charles L. Pitt: Mr. Pitt, age 53, holds an operator's license in
Alabama.
Jonathan Pitts: Mr. Pitts, age 47, holds an operator's license in
Maryland.
Robert F. Quintero: Mr. Quintero, age 62, holds an operator's
license in Illinois.
Jonathan Ramos: Mr. Ramos, age 30, holds an operator's license in
Nebraska.
James E. Redmond: Mr. Redmond, age 43, holds an operator's license
in Illinois.
Lucas Robinson: Mr. Robinson, age 37, holds an operator's license
in Ohio.
David Rowe: Mr. Rowe, age 41, holds an operator's license in
Colorado.
Dustin Sargent: Mr. Sargent, age 31, holds an operator's license in
Texas.
Carl Seabough: Mr. Seabough, age 46, Holds an operator's license in
Florida.
Johnny Seng: Mr. Seng, age 22, holds an operator's license in Rhode
Island.
Michael Singleton: Mr. Singleton, age 44, holds an operator's
license in Texas.
Marshall Smith: Mr. Smith, age 32, holds an operator's license in
Texas.
Lonnie D. Stockton: Mr. Stockton, age 52, holds an operator's
license in Texas.
Robert S. Swafford: Mr. Swafford, age 31, holds an operator's
license in Oklahoma.
Michael N. Swetnam: Mr. Swetnam, age 63, holds a class A CDL in
Texas.
Courtney D. Turner: Ms. Turner, age 38, holds a class A CDL in
Virginia.
Corey Twombly: Mr. Twombly, age 27, holds an operator's license in
New York.
Gary Wallace: Mr. Wallace, age 60, holds a class A CDL in North
Carolina.
James R. Wilson: Mr. Wilson, age 40, holds an operator's license in
Mississippi.
Melanie Wilson: Ms. Wilson, age 53, holds an operator's license in
Texas.
Ricky M. Winslow: Mr. Winslow, age 56, holds a class A CDL in
Michigan.
Jerry E. Wright: Mr. Wright, age 63, holds a class A CDL in North
Carolina.
Kedir Yimamu: Mr. Yimamu, age 34, holds an operator's license in
Virginia.
Edward J. Zozaya: Mr. Zozaya, age 34, holds an operator's license
in Arizona.
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 dates
section of the notice.
III. 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
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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-2016-0004 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 materials received during the
comment period. FMCSA may issue a final determination any time after
the close of the comment period.
IV. 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-2016-0004 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: October 2, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-21896 Filed 10-10-17; 8:45 am]
BILLING CODE 4910-EX-P