Qualification of Drivers; Exemption Applications; Hearing, 2314-2316 [2018-00583]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2314-2316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00583]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-FMCSA-2017-0057]


Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

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

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SUMMARY: FMCSA announces receipt of applications from 46 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 February 15, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-FMCSA-2017-0057 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., 
e.t., 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., e.t., 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, [email protected], 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., 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: 

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 46 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

[[Page 2315]]

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

David Alaniz

    Mr. Alaniz, age 21, holds an operator's license in Wyoming.

Marion Bennett, Jr.

    Mr. Bennett, age 41, holds an operator's license in Maryland.

Gordon R. Boerner

    Mr. Boerner, age 55, holds an operator's license in Maine.

Tom M. Booe

    Mr. Booe, age 66, holds a class A CDL in Nebraska.

Roy E. Bowers

    Mr. Bowers, age 62, holds a class A CDL in Georgia.

Richard M. Davis

    Mr. Davis, age 62, holds a class A CDL in Ohio.

Rivera De Jesus

    Mr. Rivera De Jesus, age 34, holds an operator's license in Texas.

Christian DeNight

    Mr. DeNight, age 48, holds an operator's license in Florida.

Richard Doi

    Mr. Doi, age 32, holds an operator's license in Arizona.

Trey Duncan

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

Jean D. Dutes

    Mr. Dutes, age 24, holds an operator's license in Florida.

Edward Elertson

    Mr. Elertson, age 57, holds an operator's license in Wyoming.

Stephan Eveland

    Mr. Eveland, age 32, holds an operator's license in Florida.

Richard L. Frueke

    Mr. Freuke, age holds a class A CDL in Illinois.

Edison M. Garcia

    Mr. Garcia, age 26, holds an operator's license in Maryland.

Adam M. Hayes

    Mr. Hayes, age 34, holds an operator's license in California.

Sean Hunt

    Mr. Hunt, age 23, holds an operator's license in Texas.

Charles W. Jones

    Mr. Jones, age 66, holds a class B CDL in Florida.

James T. Laughrey

    Mr. Laughrey, age 53, holds a class A CDL in Kansas.

Jerry L. Lewis

    Mr. Lewis, age 48, holds a class A CDL in North Carolina.

Michael Lidster

    Mr. Lidster, age 28, holds an operator's license in Illinois.

Stavros Likouris

    Mr. Likouris, age 38, holds an operator's license in Ohio.

Adrian Lopez

    Mr. Lopez, age 32, holds an operator's license in Texas.

Derrick J. Marceaux

    Mr. Marceaus, age 34, holds an operator's license in Lousiana.

John E. Mayhew

    Mr. Mayhew, age 52, holds an operator's license in Kansas.

JeMichael McCoy

    Mr. McCoy, age 26, holds an operator's license in Lousiana.

Magdalene McLaughlin

    Ms. McLaughlin, age 30, holds an operator's license in Maryland.

Pablo Muniz

    Mr. Muniz, age 52, holds a class A CDL in Florida.

Dario Novoa

    Mr. Novoa, age 62, holds a class A CDL in Florida.

Hugo Paniagua

    Mr. Paniagua, age 26, holds an operator's license in California.

Calvin Payne

    Mr. Payne, age 26, holds an operator's license in Maryland.

Joseph R. Piros

    Mr. Piros, age 47, holds a class A CDL in California.

Michael Quinonez

    Mr. Quinonez, age 26, holds an operator's license in Texas.

Khon Saysanam

    Mr. Saysanam, age 38, holds an operator's license in Texas.

Jeffrey W. Schulkers

    Mr Schulkers, age 48, holds a class A CDL in Kentucky.

Stephan W. Stotts, Jr.

    Mr. Stotts, age 31, holds a class A CDL in Ohio.

Teddy Rosevelt Tice

    Mr. Tice, age 48, holds an operator's license in New York.

William Tassell

    Mr. Tassell, age 55, holds an operator's license in Ohio.

Daniel R. Taylor

    Mr. Taylor, age 31, holds an operator's license in Alabama.

Jason C. Thomas

    Mr. Thomas, age 32, holds an operator's license in Texas.

Roderick B. Thomas

    Mr. Thomas, age 53, holds a class A CDL in Georgia.

Joshua Tinley

    Mr. Tinley, age 29, holds an operator's license in Arizona.

Carlos Torres

    Mr. Torres, age 41, holds an operator's license in Ohio.

Allen Whitener

    Mr. Whitener, age 68, holds an operator's license in Texas.

Kerri M. Wright

    Ms. Wright, age 41, holds an operator's license in Oklahoma.

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

[[Page 2316]]

comments received before the close of business on the closing date 
indicated in the dates 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-2017-0057 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.

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-2017-0057 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00583 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P