3306 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices 

years indicates each applicant continues 

to meet the vision exemption 

requirements. These factors provide an 

adequate basis for predicting each 

driver’s ability to continue to drive 

safely in interstate commerce. 

Therefore, FMCSA concludes that 

extending the exemption for each 

renewal applicant for a period of two 

years is likely to achieve a level of safety 

equal to that existing without the 

exemption. 

IV. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2006–26066; FMCSA– 

2008–0340), 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 the Agency can contact you if it has 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov and put the 

docket number, ‘‘FMCSA–2006–26066; 

FMCSA–2008–0340’’ in the ‘‘Keyword’’ 

box, and click ‘‘Search.’’ When the new 

screen appears, click on ‘‘Comment 

Now!’’ button and type your comment 

into the text box in 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 81⁄2 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 and may change 

this notice based on your comments. 

Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and in the 

search box insert the docket number, 

‘‘FMCSA–2006–26066; FMCSA–2008– 

0340’’ in the ‘‘Keyword’’ box and click 

‘‘Search.’’ Next, click ‘‘Open Docket 

Folder’’ button choose the document 

listed 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., e.t., Monday through Friday, 

except Federal holidays. 

Issued on: January 12, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–01001 Filed 1–21–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0106] 

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 14 

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 14 individuals to operate CMVs 

in interstate commerce. 

DATES: Comments must be received on 

or before February 23, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2014–0106 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 selfaddressed, 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: 

Charles A. Horan, III, Director, Office of 

Carrier, Driver and Vehicle Safety, (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). 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices 3307 

1This 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)]. 

2This report is available on the FMCSA Web site 

at http://www.fmcsa.dot.gov/facts-research/

research-technology/publications/medreport_

archives.htm. 

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 

referenced in the application. The 

Agency must also provide an 

opportunity to submit public comment 

on the applications for exemption. 

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

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. 

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–2014–0106’’ 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 81⁄2 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, selfaddressed 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–2014–0106’’ 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 

Weston Tyler Arthurs 

Mr. Arthurs, 27, holds an operator’s 

license in California. 

Kevin Ray Ballard 

Mr. Ballard, 37, holds an operator’s 

license in Texas. 

Jeremy Wayne Brandyberry 

Mr. Brandyberry, 33, holds an 

operator’s license in Nebraska. 

Scott C. Friede 

Mr. Friede, 39, holds a Class A 

commercial driver’s license (CDL) in 

Nebraska. 

Glenn E. Hivey 

Mr. Hivey, 80, holds a Class A 

commercial driver’s license (CDL) in 

Pennsylvania. 

Jeremiah Putnam Hoagland 

Mr. Hoagland, 34, holds a Class A 

commercial driver’s license (CDL) in 

Colorado. 

Curtis J. Horning 

Mr. Horning, 39, holds an operator’s 

license in Pennsylvania. 

Leroy Lynch 

Mr. Lynch, 58, holds a Class A 

commercial driver’s license (CDL) in 

Ohio. 

Floyd McClain, Jr. 

Mr. McClain, 37, holds an operator’s 

license in Florida. 

Christopher David McKenzie 

Mr. McKenzie, 36, holds an operator’s 

license in Texas. 

Kimothy Fred Mcleod 

Mr. Mcleod, 50, holds a Class A 

commercial driver’s license (CDL) in 

Georgia. 


tkelley on DSK3SPTVN1PROD with NOTICES
3308 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices 

Victor Morales-Contreras 

Mr. Morales-Contreras, 26, holds an 

operator’s license in Texas. 

Brandon Veronie, Sr. 

Mr. Veronie, 35, holds a chauffeur’s 

license in Louisiana. 

Anthony L. Witcher 

Mr. Witcher, 54, holds a chauffeur’s 

license in Michigan. 

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 February 23, 2015. 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: January 12, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–00995 Filed 1–21–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0337] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 13 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective 

February 11, 2015. Comments must be 

received on or before February 23, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: Docket No. 

[Docket No. FMCSA–2012–0337], 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 or Courier: 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 for this notice. Note that 

DOT posts all comments received 

without change to http://

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

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., Monday through 

Friday, except Federal holidays. The 

Federal Docket Management System 

(FDMS) is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Office of 

Carrier, Driver and Vehicle Safety, 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: 

I. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, 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 

procedures for requesting an exemption 

(including renewals) are set out in 49 

CFR part 381. 

II. Exemption Decision 

This notice addresses 13 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

13 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Joseph Colecchi (PA) 

William A. Donovan (WA) 

Douglas Eamens (NY) 

Brian Knust (IL) 

James W. Long (AR) 

Dean L. Price (WA) 

Roberto A. Ramos (TX) 

Johnie Reed (VA) 

Sammie Q. Soles, Jr. (MI) 

Joseph Stenberg (MT) 

Karl H. Strangfeld (UT) 

Grover C. Taylor (VA) 

Donald L. Weston (PA) 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the requirements in 

49 CFR 391.41(b)(10), and (b) by a 

medical examiner who attests that the 

individual is otherwise physically 

qualified under 49 CFR 391.41; (2) that 

each individual provides a copy of the 

ophthalmologist’s or optometrist’s 

report to the medical examiner at the 

time of the annual medical examination; 

and (3) that each individual provide a 

copy of the annual medical certification 

to the employer for retention in the 

driver’s qualification file and retains a 

copy of the certification on his/her 

person while driving for presentation to 

a duly authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 


tkelley on DSK3SPTVN1PROD with NOTICES