Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2311 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136 and 

31315. 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00586 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0026] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 18 individuals for an 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. If granted, the 

exemptions will enable these 

individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

DATES: Comments must be received on 

or before February 15, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2017–0026 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., e.t., 

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., e.t., 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 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., 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 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 twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The 18 individuals listed in this 

notice have requested an exemption 

from the vision requirement in 49 CFR 

391.41(b)(10). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

an exemption will achieve the required 

level of safety mandated by statute. 

The physical qualification standard 

for drivers regarding vision found in 49 

CFR 391.41(b)(10) states that a person is 

physically qualified to drive a CMV if 

that person has distant visual acuity of 

at least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of at 

least 20/40 (Snellen) in both eyes with 

or without corrective lenses, field of 

vision of at least 70° in the horizontal 

Meridian in each eye, and the ability to 

recognize the colors of traffic signals 

and devices showing standard red, 

green, and amber. 

In July 1992, the Agency first 

published the criteria for the Vision 

Waiver Program, which listed the 

conditions and reporting standards that 

CMV drivers approved for participation 

would need to meet (Qualification of 

Drivers; Vision Waivers, 57 FR 31458, 

July 16, 1992). The current Vision 

Exemption Program was established in 

1998, following the enactment of 

amendments to the statutes governing 

exemptions made by § 4007 of the 

Transportation Equity Act for the 21st 

Century (TEA–21), Public Law 105–178, 

112 Stat. 107, 401 (June 9, 1998). Vision 

exemptions are considered under the 

procedures established in 49 CFR part 

381 subpart C, on a case-by-case basis 

upon application by CMV drivers who 

do not meet the vision standards of 49 

CFR 391.41(b)(10). 

To qualify for an exemption from the 

vision requirement, FMCSA requires a 

person to present verifiable evidence 

that he/she has driven a commercial 

vehicle safely with the vision deficiency 

for the past three years. Recent driving 

performance is especially important in 

evaluating future safety, according to 

several research studies designed to 

correlate past and future driving 

performance. Results of these studies 

support the principle that the best 

predictor of future performance by a 

driver is his/her past record of crashes 

and traffic violations. Copies of the 

studies may be found at Docket Number 

FMCSA–1998–3637. 

FMCSA believes it can properly apply 

the principle to monocular drivers, 

because data from the Federal Highway 

Administration’s (FHWA) former waiver 

study program clearly demonstrated the 

driving performance of experienced 

monocular drivers in the program is 

better than that of all CMV drivers 

collectively (See 61 FR 13338, 13345, 


daltland on DSKBBV9HB2PROD with NOTICES
2312 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 

March 26, 1996). The fact that 

experienced monocular drivers 

demonstrated safe driving records in the 

waiver program supports a conclusion 

that other monocular drivers, meeting 

the same qualifying conditions as those 

required by the waiver program, are also 

likely to have adapted to their vision 

deficiency and will continue to operate 

safely. 

The first major research correlating 

past and future performance was done 

in England by Greenwood and Yule in 

1920. Subsequent studies, building on 

that model, concluded that crash rates 

for the same individual exposed to 

certain risks for two different time 

periods vary only slightly (See Bates 

and Neyman, University of California 

Publications in Statistics, April 1952). 

Other studies demonstrated theories of 

predicting crash proneness from crash 

history coupled with other factors. 

These factors—such as age, sex, 

geographic location, mileage driven and 

conviction history—are used every day 

by insurance companies and motor 

vehicle bureaus to predict the 

probability of an individual 

experiencing future crashes (See Weber, 

Donald C., ‘‘Accident Rate Potential: An 

Application of Multiple Regression 

Analysis of a Poisson Process,’’ Journal 

of American Statistical Association, 

June 1971). A 1964 California Driver 

Record Study prepared by the California 

Department of Motor Vehicles 

concluded that the best overall crash 

predictor for both concurrent and 

nonconcurrent events is the number of 

single convictions. This study used 

three consecutive years of data, 

comparing the experiences of drivers in 

the first two years with their 

experiences in the final year. 

II. Qualifications of Applicants 

Michael H. Eheler, II 

Mr. Eheler, 41, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/300. Following an 

examination in 2017, his optometrist 

stated, ‘‘With the results of the 

examination from our office, I believe 

Michael has sufficient visual abilities to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Eheler reported that he has driven 

tractor-trailer combinations for six 

years, accumulating 350,000 miles. He 

holds an operator’s license from 

Wisconsin. His driving record for the 

last three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Roberto Espinosa 

Mr. Espinosa, 60, has glaucoma in his 

left eye due to a traumatic incident in 

childhood. The visual acuity in his right 

eye is 20/30, and in his left eye, 20/200. 

Following an examination in 2017, his 

ophthalmologist stated, ‘‘I certify, in my 

medical opinion, the patient has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Espinosa reported that he 

has driven tractor-trailer combinations 

for 19 years, accumulating 2.1 million 

miles. He holds a Class A CDL from 

Florida. His driving record for the last 

three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Lee J. Gaffney 

Mr. Gaffney, 35, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/70. Following an 

examination in 2017, his 

ophthalmologist stated, ‘‘Mr. Gaffney 

does seem to meet sufficient vision 

standards to perform driving tasks to 

operate a commercial vehicle.’’ Mr. 

Gaffney reported that he has driven 

straight trucks for ten years, 

accumulating 50,000 miles. He holds an 

operator’s license from Ohio. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Mark S. Hale 

Mr. Hale, 41, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/200. Following an 

examination in 2017, his 

ophthalmologist stated, ‘‘In my opinion, 

he should be allowed to do commercial 

driving, since his field of vision is quite 

good in both eyes.’’ Mr. Hale reported 

that he has driven straight trucks for 

three years, accumulating 60,000 miles. 

He holds an operator’s license from 

Alabama. His driving record for the last 

three years shows one crash, for which 

he was not cited, and no convictions for 

moving violations in a CMV. 

Raymundo Maldonado 

Mr. Maldonado, 57, has had a macular 

scar in his left eye since 2013. The 

visual acuity in his right eye is 20/25, 

and in his left eye, 20/100. Following an 

examination in 2017, his 

ophthalmologist stated, ‘‘I certify Mr. 

Maldonado has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Maldonado reported that he has driven 

straight trucks for 35 years, 

accumulating 350,000 miles, and 

tractor-trailer combinations for 35 years, 

accumulating 12.25 million miles. He 

holds a Class A CDL from Texas. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Mickey D. McCoy 

Mr. McCoy, 46, has had a cataract in 

his left eye due to a traumatic incident 

in 2005. The visual acuity in his right 

eye is 20/20, and in his left eye, hand 

motion. Following an examination in 

2017, his ophthalmologist stated, ‘‘The 

patient is able to recognize the colors of 

a traffic control device in the right eye, 

and in my medical opinion he has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle and his exam results today 

validate that conclusion.’’ Mr. McCoy 

reported that he has driven straight 

trucks for ten years, accumulating 

125,000 miles and tractor-trailer 

combinations for 14 years, accumulating 

389,746 miles. He holds a Class A CDL 

from Tennessee. His driving record for 

the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Colin D. McGregor 

Mr. McGregor, 35, has complete loss 

of vision in his left eye due to a 

traumatic incident in childhood. The 

visual acuity in his right eye is 20/20, 

and in his left eye, no light perception. 

Following an examination in 2017, his 

optometrist stated, ‘‘With 20/20 vision 

and a full field vision of 160 degrees in 

his right eye, I feel Colin can safely 

perform the tasks necessary to operate a 

commercial motor vehicle.’’ Mr. 

McGregor reported that he has driven 

straight trucks for nine years, 

accumulating 70,200 miles. He holds a 

Class ABCD CDL from Wisconsin. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Thomas B. Miller 

Mr. Miller, 60, has a retinal 

detachment in his left eye due to a 

traumatic incident in 1997. The visual 

acuity in his right eye is 20/20, and in 

his left eye, count fingers. Following an 

examination in 2017, his optometrist 

stated, ‘‘He appears to have adequate 

vision to operate a commercial vehicle.’’ 

Mr. Miller reported that he has driven 

straight trucks for 41 years, 

accumulating 820,000 miles. He holds 

an operator’s license from Virginia. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2313 

Ryan J. Plank 

Mr. Plank, 42, has a retinal 

detachment in his right eye due to a 

traumatic incident in childhood. The 

visual acuity in his right eye is no light 

perception, and in his left eye, 20/20. 

Following an examination in 2017, his 

optometrist stated, ‘‘I have never driven 

a commercial vehicle myself however in 

my opinion Mr. Plank has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle based on his driving history and 

meeting the requirements you have 

listed.’’ Mr. Plank reported that he has 

driven straight trucks for four years, 

accumulating 20,000 miles. He holds an 

operator’s license from Pennsylvania. 

His driving record for the last three 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Donald J. Poague 

Mr. Poague, 47, has had central 

scarring in his right eye since 2011. The 

visual acuity in his right eye is 20/200, 

and in his left eye, 20/20. Following an 

examination in 2017, his optometrist 

stated, ‘‘Taking into consideration the 

fact that Mr. Poague has operated 

commercial vehicles without any 

incidences since the vascular event in 

his right eye, and the fact that he has 

good peripheral vision in both eyes, as 

well as uncorrected acuity of 20/20 in 

the left eye, it is my opinion that he can 

safely operate vehicles requiring a 

commercial drivers [sic] license.’’ Mr. 

Poague reported that he has driven 

straight trucks for 25 years, 

accumulating 2 million miles, and 

tractor-trailer combinations for 25 years, 

accumulating 2 million miles. He holds 

a Class A CDL from Georgia. His driving 

record for the last three years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Jose R. Ponce 

Mr. Ponce, 37, has a retinal 

detachment in his right eye due to a 

traumatic incident in 2001. The visual 

acuity in his right eye is 20/40, and in 

his left eye, 20/20. Following an 

examination in 2017, his optometrist 

stated, ‘‘Thus, in my opinion, Mr. Ponce 

does have sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle based on these 

results and your exemption 

requirements.’’ Mr. Ponce reported that 

he has driven straight trucks for six 

years, accumulating 150,000 miles. He 

holds an operator’s license from Texas. 

His driving record for the last three 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Ronald F. Prezzia 

Mr. Prezzia, 62, has aphakia in his 

right eye due to a traumatic incident in 

2014. The visual acuity in his right eye 

is 20/70, and in his left eye, 20/40. 

Following an examination in 2017, his 

ophthalmologist stated, ‘‘It is in my 

medical opinion that Mr. Prezzia has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Prezzia reported that he 

has driven straight trucks for 35 years, 

accumulating 2.62 million miles. He 

holds a Class AM CDL from Illinois. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Jorge A. Rodriguez 

Mr. Rodriguez, 65, has complete loss 

of vision in his right eye due to a 

traumatic incident in 2001. The visual 

acuity in his right eye is no light 

perception, and in his left eye, 20/20. 

Following an examination in 2017, his 

optometrist stated, ‘‘I believe Mr. 

Rodriguez has sufficient vision in [sic] 

left eye to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Rodriguez reported that he 

has driven straight trucks for 37 years, 

accumulating 1.29 million miles and 

tractor-trailer combinations for nine 

years, accumulating 405,000 miles. He 

holds a Class AM1 CDL from California. 

His driving record for the last three 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Jimmy W. Rowland 

Mr. Rowland, 50, has retinal scarring 

in his right eye since 1994. The visual 

acuity in his right eye is 20/20, and in 

his left eye, light perception. Following 

an examination in 2017, his optometrist 

stated, ‘‘In my medical opinion, Mr. 

Rowland has sufficient vision to 

perform the driving tasks to operate a 

commercial vehicle.’’ Mr. Rowland 

reported that he has driven straight 

trucks for 15 years, accumulating 

525,000 miles. He holds a Class A CDL 

from Florida. His driving record for the 

last three years shows no crashes and 

two convictions for moving violations in 

a CMV; in both incidents he exceeded 

the speed limit by nine mph. 

Aaron R. Rupe 

Mr. Rupe, 43, has had a macular scar 

in his left eye since 1992. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/70. Following an 

examination in 2017, his optometrist 

stated, ‘‘In my medical opinion Aaron 

Rupe has sufficient vision to operate a 

commercial motor vehicle.’’ Mr. Rupe 

reported that he has driven straight 

trucks for 17 years, accumulating 

170,000 miles. He holds an operator’s 

license from Illinois. His driving record 

for the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Charles L. Sauls 

Mr. Sauls, 50, has had amblyopia in 

his right eye since childhood. The 

visual acuity in his right eye is count 

fingers, and in his left eye, 20/30. 

Following an examination in 2017, his 

optometrist stated, ‘‘I, Alan F. Swinehart 

OD, certify in my medical opinion that 

Charles L. Sauls has sufficient vision to 

perform driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Sauls reported that he has driven 

straight trucks for 15 years, 

accumulating 450,000 miles, and 

tractor-trailer combinations for ten 

years, accumulating 350,000 miles. He 

holds a Class A CDL from Florida. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Gary M. Shoultz 

Mr. Shoultz, 65, has had amblyopia in 

his right eye since childhood. The 

visual acuity in his right eye is 20/70, 

and in his left eye, 20/20. Following an 

examination in 2017, his optometrist 

stated, ‘‘It is my opinion that Gary 

possesses sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Shoultz 

reported that he has driven straight 

trucks for four years, accumulating 

164,000 miles. He holds an operator’s 

license from Indiana. His driving record 

for the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Juan D. Zertuche, Jr. 

Mr. Zertuche, 42, has had complete 

loss of vision in his right eye since birth. 

The visual acuity in his right eye is no 

light perception, and in his left eye, 20/ 

25. Following an examination in 2017, 

his ophthalmologist stated, ‘‘In my 

medical opinion, vision is sufficient to 

perform driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Zertuche reported that he has driven 

straight trucks for five years, 

accumulating 50,000 miles, and tractortrailer combinations for five years, 

accumulating 500,000 miles. He holds a 

Class A CDL from Texas. His driving 

record for the last three years shows no 

crashes and one conviction for a moving 

violation in a CMV; he exceeded the 

speed limit by 11 mph. 


daltland on DSKBBV9HB2PROD with NOTICES
2314 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 

III. 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 and material 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–2017–0026 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 

materials received during the comment 

period. FMCSA may issue a final 

determination at 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–2017–0026 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00581 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–FMCSA–2017–0057] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 46 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 February 15, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

FMCSA–2017–0057 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., e.t., 

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., e.t., 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 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., 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 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 twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The 46 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 


daltland on DSKBBV9HB2PROD with NOTICES