
[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]


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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.

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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 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.
    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 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 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, 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

[[Page 47296]]

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-2016-0004 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 http://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


