Qualification of Drivers; Application for Exemptions; Hearing

Qualification of Drivers; Application for Exemptions; Hearing

Qualification of Drivers; Application for Exemptions; Hearing

Larry W. Minor
Department of Labor
July 16, 2013

[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Notices]
[Pages 42585-42587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17047]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA- 2013-0123]

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 27 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 27 individuals to operate CMVs in interstate commerce.

DATES: Comments must be received on or before August 15, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA- 2013-0123 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://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 http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief Medical
Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of
Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

The Federal Motor Carrier Safety Administration has authority to
grant exemptions from many of the Federal Motor Carrier Safety
Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA
has published in 49 CFR part 381, subpart C final rules implementing
the statutory changes in its exemption procedures made by section 4007,
69 FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart
C, FMCSA must publish a notice of each exemption request in the Federal
Register. The Agency must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted and any research reports,
technical papers and other publications

[[Page 42586]]

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 http://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. 49 U.S.C.

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 http://www.regulations.gov and
in the search box insert the docket number ``FMCSA-2013-0123'' 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[frac12] by 11 inches, suitable for copying and electronic filing. If
you submit comments by mail and would like to know that they reached
the facility, please enclose a stamped, self-addressed postcard or
envelope.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
``FMCSA-2013-0123'' 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

James Allen

Mr. Allen holds a driver's license from Vermont.

Johsua Arango

Mr. Arango holds a driver's license from Florida.

Michael Beebe

Mr. Beebe holds a driver's license from New Jersey.

Mark Canoyer

Mr. Canoyer holds a driver's license from Minnesota.

Barry Crisman

Mr. Crisman holds a driver's license from California.

Robert Douglas

Mr. Douglas holds a driver's license from California.

William Faulk

Mr. Faulk holds a driver's license from Alabama.

Sue H. Gregory

Ms. Gregory holds a driver's license from Utah.

Gregory Hill

Mr. Hill holds a driver's license from Mississippi.

Ronald Jardine

Mr. Jardine holds a driver's license from New Jersey.

Michael Jenkins

Mr. Jenkins holds a driver's license from Virginia.

Roman Landa

Mr. Landa holds a driver's license from California.

Roy Lloyd, Sr.

Mr. Lloyd holds a driver's license from Virginia.

Aminder Malhi

Mr. Malhi holds a driver's license from California.

Mark Martin

Mr. Martin holds a driver's license from Michigan.

Joshua Moothart

Mr. Moothart holds a driver's license from Oregon.

Albert Nicholson

Mr. Nicholson holds a driver's license from New Mexico.

[[Page 42587]]

Darren Nordquist

Mr. Nordquist holds a driver's license from Wisconsin.

Ray Norris

Mr. Norris holds a driver's license from Texas.

Gregorio Perez

Mr. Perez holds a driver's license from Virginia.

Johnny Pierson

Mr. Pierson holds a driver's license from Alabama.

Ryan Pope

Mr. Pope holds a driver's license from California.

Thomas Potterfield

Mr. Potterfield holds a driver's license from South Carolina.

Ralph Reno

Mr. Reno holds a driver's license from Pennsylvania.

Ronald Rutter

Mr. Rutter holds a driver's license from Arizona.

James Weir

Mr. Weir holds a driver's license from Washington.

Billy White

Mr. White holds a driver's license from Texas.

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 15, 2013.
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: June 12, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-17047 Filed 7-15-13; 8:45 am]
BILLING CODE 4910-EX-P