[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68096-68098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23790]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0003]


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 26 individuals 
for an exemption from the hearing requirement in the Federal Motor 
Carrier Safety Regulations (FMCSRs) to operate commercial motor 
vehicles (CMV) in interstate commerce. Granting these 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 2, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0003 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., 
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 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

[[Page 68097]]

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 
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 http://www.regulations.gov as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://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 two-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 
two-year period.
    The 26 individuals listed in this notice have requested an 
exemption from the hearing requirement in 49 CFR 391.41(b)(11), which 
applies to drivers who operate 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).
    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. Subsequent to the publication February 1, 2013 
of the 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

Kay Baden

    Ms. Baden, age 59, holds a class A CDL in Oregon.

Wyatt M. Baldwin

    Mr. Baldwin, age 31, holds an operator's license in Nevada.

Moises Becerra

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

Matthew R. Burgoyne

    Mr. Burgoyne, age 29, holds a class A CDL in Minnesota.

Pedro H. Calas

    Mr. Calas, age 30, holds a class A CDL in Florida.

David T. Carlson

    Mr. Carlson, age 76, holds a class A CDL in Wisconsin.

Marco A. Cisneros

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

Mark B. Cole

    Mr. Cole, age 40, holds an operator's license in California.

Filipe S. Fernandez

    Mr. Fernandez, age 49 holds an operator's license in Florida.

Joshua Gelona

    Mr. Gelona, age 25, holds an operator's license in Oklahoma.

William D. Gum

    Mr. Gum, age 76, holds an operator's license in Texas.

Reginald C. Holmes

    Mr. Holmes, age 31, holds an operator's license in Arizona.

Gary D. McBride

    Mr. McBride, age 50, holds an operator's license in Florida.

Brent D. McCaffery

    Mr. McCaffery, age 29, holds an operator's license in Iowa.

Benjoel C. Morton

    Mr. Morton, age 35, holds an operator's license in Georgia.

Anthony S. Papa

    Mr. Papa, age 51, holds an operator's license in Ohio.

Eduardo Pedregal

    Mr. Pedregal, age 27, holds an operator's license in Texas.

Charles L. Pitt

    Mr. Pitt, age 52, holds an operator's license in Alabama.

David Y. Pro

    Mr. Pro, age 55, holds an operator's license in California.

Leonardo Pupo-Tuperet

    Mr. Pupo-Tuperet, age 26, holds an operator's license in 
Washington.

Edgar J. Ramos

    Mr. Ramos, age 52, holds an operator's license in Illinois.

Ronald D. Rumsey

    Mr. Rumsey, age 53, holds an operator's license in Iowa.

Johnny Seng

    Mr. Seng, age 22, holds an operator's license in Rhode Island.

Michael J. Sladick

    Mr. Sladick, age 48, holds an operator's license in Ohio.

Brian J. Walthall

    Mr. Walthall, age 49, holds an operator's license in Kansas.

Jack Whitewater

    Mr. Whitewater, age 38, holds an operator's license in Florida.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public

[[Page 68098]]

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.

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 http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2016-0003 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 http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2016-0003 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: September 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23790 Filed 9-30-16; 8:45 am]
 BILLING CODE 4910-EX-P