Qualification of Drivers; Exemption Applications; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
14 November 2018
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56897-56899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24861]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0136]
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 30 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 December 14, 2018.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0136 using any of the
following methods:
Federal eRulemaking Portal: Go to http://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.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
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
[[Page 56898]]
holidays. If you have questions regarding viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2018-0136), 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 that FMCSA can contact you if there are questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2018-0136, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on 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 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.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2018-0136, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not 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., ET, Monday through Friday, except Federal holidays.
C. 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.
II. 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 30 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.
III. Qualifications of Applicants
Andy R. Bernard
Mr. Bernard, age 60, holds a class A CDL in Ohio.
William Brogni
Mr. Brogni, age 55, holds an operator's license in Florida.
Robert Chavez
Mr. Chavez, age 28, holds an operator's license in Texas.
David Chellin
Mr. Chellin, age 64, holds a class A CDL in Minnesota.
Joshua P. Cogan
Mr. Cogan, age 25, holds an operator's license in Maryland.
Joseph A. Conversa
Mr. Conversa, age 49, holds an operator's license in Illinois.
Robert E. Cottrell
Mr. Cottrell, age 68, holds an operator's license in Oregon.
Joseph N. Dooley
Mr. Dooley, age 29, holds an operator's license in Missouri.
Janet Donaldson
Ms. Donaldson, age 40, holds an operator's license in California.
Heath Focken
Mr. Focken, age 30, holds an operator's license in Nebraska.
Ahmed Gabr
Mr. Gabr, age 32, holds an operator's license in North Carolina.
Stephen A. Goen
Mr. Goen, age 51, holds a class A CDL in Georgia.
Jaymes Harr
Mr. Haar, age 31, holds an operator's license in Iowa.
Michael J. Hague
Mr. Hague, age 34, holds an operator's license in Rhode Island.
Daniel R. Hanson
Mr. Hanson, age 70, holds an operator's license in Pennsylvania.
Arnold Hatton
Mr. Hatton, age 51, holds an operator's license in Delaware.
[[Page 56899]]
Nima Jafari
Mr. Jafari, age 29, holds an operator's license in Kansas.
Raymond L. Levine
Mr. Levine, age 20, holds an operator's license in California.
Donte Mason
Mr. Mason, age 33, holds an operator's license in Tennessee.
Xavier C. Matthews
Mr. Matthews, age 39, holds an operator's license in Florida.
Eric B. Oberhausen
Mr. Oberhausen, age 33, holds an operator's license in California.
Taryn Peterson
Ms. Peterson, age 31, holds an operator's license in Iowa.
Melvin R. Ross
Mr. Ross, age 64, holds a class A CDL in Ohio.
Greivin Salazar
Mr. Salazar, age 43, holds an operator's license in Michigan.
Jerry Shortland
Mr. Shortland, age 54, holds an operator's license in Ohio.
John Silver
Mr. Silver, age 54, holds an operator's license in New York.
Marcus Sylvester
Mr. Sylvester, age 44, holds an operator's license in Texas.
John Whitlock
Mr. Whitlock, age 49, holds an operator's license in Illinois.
Eric Woods
Mr. Woods, age 50, holds an operator's license in Maryland.
IV. 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.
Issued on: November 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-24861 Filed 11-13-18; 8:45 am]
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