80_FR_18991 80 FR 18924 - Qualification of Drivers; Application for Exemptions; Hearing

80 FR 18924 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 67 (April 8, 2015)

Page Range18924-18926
FR Document2015-08052

FMCSA announces its decision to grant requests from 51 individuals for exemptions from the Agency's physical qualifications standard concerning hearing for interstate drivers. The current regulation prohibits hearing impaired individuals from operating CMVs in interstate commerce. After notice and opportunity for public comment, the Agency concluded that granting exemptions for these drivers to operate property-carrying CMVs will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. The exemptions are valid for a 2- year period and may be renewed, and the exemptions preempt State laws and regulations.

Federal Register, Volume 80 Issue 67 (Wednesday, April 8, 2015)
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18924-18926]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08052]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0124]


Qualification of Drivers; Application for Exemptions; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant requests from 51 
individuals for exemptions from the Agency's physical qualifications 
standard concerning hearing for interstate drivers. The current 
regulation prohibits hearing impaired individuals from operating CMVs 
in interstate commerce. After notice and opportunity for public 
comment, the Agency concluded that granting exemptions for these 
drivers to operate property-carrying CMVs will provide a level of 
safety that is equivalent to or greater than the level of safety 
maintained without the exemptions. The exemptions are valid for a 2-
year period and may be renewed, and the exemptions preempt State laws 
and regulations.

DATES: The exemptions are effective April 8, 2015. The exemptions 
expire on April 10, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Office of Carrier, Driver and Vehicle Safety, (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.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/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.
    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.

B. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the safety regulations for a 2-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 2-year period. 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 grants 51 individuals an exemption from section 391.41(b)(11) 
concerning hearing to enable them to operate property-carrying CMVs in 
interstate commerce for a 2-year period. The Agency's decision on these 
exemption applications is based on the current medical literature and 
information and the ``Executive Summary on Hearing, Vestibular Function 
and Commercial Motor Driving Safety'' (the 2008 Evidence Report) 
presented to FMCSA on August 26, 2008. The evidence report reached two 
conclusions regarding the matter of hearing loss and CMV driver safety: 
(1) No studies that examined the relationship between hearing loss and 
crash risk exclusively among CMV drivers were identified; and (2) 
evidence from studies of the private driver license holder population 
does not support the contention that individuals with hearing 
impairment are at an increased risk for a crash. In addition, the 
Agency reviewed each applicant's driving record found in the CDLIS,\1\ 
for CDL holders, and inspections recorded in MCMIS.\2\ For non-CDL 
holders, the Agency reviewed the driving records from the State 
licensing agency. Each applicant's record demonstrated a safe driving 
history. The Agency believes the drivers covered by the exemptions do 
not pose a risk to public safety.
---------------------------------------------------------------------------

    \1\ Commercial Driver License Information System (CDLIS) is an 
information system that allows the exchange of commercial driver 
licensing information among all the States. CDLIS includes the 
databases of 51 licensing jurisdictions and the CDLIS Central Site, 
all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an 
information system that captures data from field offices through 
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA 
inspection, crash, compliance review, safety audit, and registration 
data.
---------------------------------------------------------------------------

C. Comments

    On February 14, 2014, FMCSA published a notice of receipt of 
exemption applications and requested public comment on 51 individuals. 
The comment period ended on March 17, 2014. In response to the notice, 
FMCSA received one comment from Ann Sherman, who supports the idea of 
deaf drivers having the opportunity to get training and seek employment 
``like everyone else''. FMCSA has determined that the following 51 
applicants should be granted an exemption:

D. Exemptions Granted

    Following individualized assessments of the exemption applications, 
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 51 individuals. 
Under current FMCSA regulations, all of the 51 drivers receiving 
exemptions from 49 CFR 391.41(b)(11) would have been considered 
physically qualified to drive a CMV in interstate commerce except that 
they do not meet the hearing requirement. FMCSA has determined that the 
following 51 applicants should be granted an exemption:

Brooks Andresen

    Mr. Andresen, 34, holds a driver's license in Utah.

[[Page 18925]]

Alexey Belousov

    Mr. Belousov, 37, holds a driver's license in Maryland.

Richard Boggs

    Mr. Boggs, 37, holds a driver's license in Ohio.

Conley Bowling

    Mr. Bowling, 35, holds a driver's license in Kentucky.

Marquarius Boyd

    Mr. Boyd, 23, holds a driver's license in Mississippi.

Charles Breidenthal

    Mr. Breidenthal, 62, holds a driver's license in California.

Adam Brown

    Mr. Brown, 32, holds a driver's license in Texas.

Kwinton C. Carpenter

    Mr. Carpenter, 29, holds a driver's license in Ohio.

Ronald Dillon, Jr.

    Mr. Dillon, 49, holds a driver's license in California.

Clark Dobson

    Mr. Dobson, 50, holds a driver's license in California.

Louis Dominik

    Mr. Dominik, 54, holds a driver's license in Texas.

Kareem M. Douglas

    Mr. Douglas, 39, holds a driver's license in Ohio.

Craig Eberhart

    Mr. Eberhart, 43, holds a driver's license in Pennsylvania.

Anthony Farinacci

    Mr. Farinacci, 50, holds a driver's license in Ohio.

Timothy D. Finley

    Mr. Finley, 48, holds a driver's license in California.

Danny E. Fisk

    Mr. Fisk, 57, holds a driver's license in Colorado.

Christopher Fitzwater

    Mr. Fitzwater, 27, holds a driver's license in Virginia.

Kenneth Frilando

    Mr. Frilando, 46, holds a driver's license in New York.

Timothy Gallagher

    Mr. Gallagher, 51, holds a driver's license in Pennsylvania.

John R. Harper, Jr.

    Mr. Harper, 33, holds a driver's license in Illinois.

Kenneth E. Harris

    Mr. Harris, 39, holds a driver's license in Missouri.

Susan D. Helgerson

    Ms. Helgerson, 49, holds a driver's license in Wisconsin.

Kimberly Hicks

    Ms. Hicks, 47, holds a driver's license in Illinois.

Devon T. Hinds

    Mr. Hinds, 56, holds a driver's license in Colorado.

Ryan S. Howard

    Mr. Howard, 41, holds a driver's license in New York.

Gregory Ingram

    Mr. Ingram, 28, holds a driver's license in North Carolina.

Bernard LaFayette

    Mr. LaFayette, 59, holds a driver's license in California.

Christopher Lucki

    Mr. Lucki, 32, holds a driver's license in Illinois.

Joshua Matlow

    Mr. Matlow, 34, holds a driver's license in Texas.

Kathy Mazique

    Ms. Mazique, 31, holds a driver's license in Illinois.

David W. McCoy

    Mr. McCoy, 63, holds a driver's license in California.

Clair Mitcham

    Ms. Mitcham, 56, holds a driver's license Texas.

Jeffrey S. Moore

    Mr. Moore, 35, holds a driver's license in Pennsylvania.

Christopher Morgan

    Mr. Morgan, 25, holds a driver's license in Massachusetts.

Quinton Murphy

    Mr. Murphy, 32, holds a driver's license in Wisconsin.

William Noble

    Mr. Noble, 63, holds a driver's license in New York.

Veniamin Panteleimonov

    Mr. Panteleimonov, 34, holds a driver's license in California.

Kelly Pulvermacher

    Mr. Pulvermacher, 27, holds a driver's license in Wisconsin.

Jeremy Reams

    Mr. Reams, 37, holds a driver's license in Kentucky.

Victor M. Robinson

    Mr. Robinson, 31, holds a driver's license in Louisiana.

Darrin A. Rutley

    Mr. Rutley, 32, holds a driver's license in New York.

Samuel Sherman

    Mr. Sherman, 36, holds a driver's license in Minnesota.

Andrey Shevchenko

    Mr. Shevchenko, 22, holds a driver's license in Minnesota.

Ronald K. Smith, Jr.

    Mr. Smith, 33, holds a driver's license in Texas.

Willine D. Smith

    Ms. Smith, 52, holds a Class B commercial driver's license (CDL) in 
Florida.

William Templeton

    Mr. Templeton, 44, holds a driver's license in Georgia.

Timothy A. Terpak

    Mr. Terpak, 28, holds a driver's license in Pennsylvania.

Jeremy L. Thrush

    Mr. Thrush, 27, holds a driver's license in Pennsylvania.

Carlos A. Torres

    Mr. Torres, 30, holds a driver's license in Florida.

John K. Turner, III

    Mr. Turner, 49, holds a driver's license in Colorado.

Chad Weaver

    Mr. Weaver, 32, holds a driver's license in Georgia.

E. Basis For Exemption

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the hearing standard in 49 CFR 391.41(b)(11) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. With the exemption, applicants can 
drive in interstate commerce. Thus, the Agency's analysis focuses on 
whether an equal or greater level of safety is likely to be achieved by 
permitting each of these

[[Page 18926]]

drivers to drive in interstate commerce as opposed to restricting him 
or her to driving in intrastate commerce. The driver must comply with 
the terms and conditions of the exemption. This includes reporting any 
crashes or accidents as defined in 49 CFR 390.5 and reporting all 
citations and convictions for disqualifying offenses under 49 CFR part 
383 and 49 CFR 391.

Conclusion

    The Agency is granting exemptions from the hearing standard, 49 CFR 
391.41(b)(11), to 51 individuals based on a thorough evaluation of each 
driver's safety experience. Safety analysis of information relating to 
these 51 applicants meets the burden of showing that granting the 
exemptions would achieve a level of safety that is equivalent to or 
greater than the level that would be achieved without the exemption. By 
granting the exemptions, the CMV industry will gain 51 additional CMV 
drivers. In accordance with 49 U.S.C. 31315, each exemption will be 
valid for 2 years from the effective date with annual recertification 
required unless 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.
    FMCSA exempts the following 51 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Brooks Andresen 
(UT); Alexey Belousov (MD); Richard Boggs (OH); Conley Bowling (KY); 
Marquarius Boyd (MS); Charles Breidenthal (CA); Adam Brown (TX); 
Kwinton Carpenter (OH); Ronald Dillon, Jr. (CA); Clark Dobson (CA); 
Louis Dominik (TX); Kareem M. Douglas (OH); Craig Eberhart (PA); 
Anthony Farinacci (OH); Timothy D. Finley (CA); Danny E. Fisk (CO); 
Christopher Fitzwater (VA); Kenneth Frilando (NY); Timothy Gallagher 
(PA); John R. Harper, Jr. (IL); Kenneth E. Harris (MO); Susan D. 
Helgerson (WI); Kimberly Hicks (IL); Devon T. Hinds (CO); Ryan S. 
Howard (NY); Gregory Ingram (NC); Bernard LaFayette (CA); Christopher 
Lucki (IL); Joshua Matlow (TX); Kathy Mazique (IL); David W. McCoy 
(CA); Clair Mitcham (TX); Jeffrey S. Moore (PA); Christopher Morgan 
(MA); Quinton Murphy (WI); William Noble (NY); Veniamin Panteleimonov 
(CA); Kelly Pulvermacher (WI); Jeremy Reams (KY); Victor M. Robinson 
(LA); Darrin A. Rutley (NY); Samuel Sherman (MN); Andrey Shevchenko 
(MN); Ronald K. Smith, Jr. (TX); Willine D. Smith (FL); William 
Templeton (GA); Timothy A. Terpak (PA); Jeremy L. Thrush (PA); Carlos 
A. Torres (FL); John K. Turner, III (CO); and Chad Weaver (GA).

    Issued on: April 2, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08052 Filed 4-7-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    18924                         Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices

                                                    signature by the respondents and will be                A. Electronic Access                                  two conclusions regarding the matter of
                                                    scanned and submitted electronically to                    You may see all the comments online                hearing loss and CMV driver safety: (1)
                                                    the Refugee Processing Center (RPC) by                  through the Federal Document                          No studies that examined the
                                                    the resettlement agencies for                           Management System (FDMS) at: http://                  relationship between hearing loss and
                                                    downloading into the Worldwide                          www.regulations.gov.                                  crash risk exclusively among CMV
                                                    Refugee Admissions Processing System                       Docket: For access to the docket to                drivers were identified; and (2) evidence
                                                    (WRAPS) for data entry and case                         read background documents or                          from studies of the private driver license
                                                    processing. A signed paper copy of the                  comments, go to http://                               holder population does not support the
                                                    AOR will remain with resettlement                       www.regulations.gov and/or Room                       contention that individuals with hearing
                                                    agencies.                                               W12–140 on the ground level of the                    impairment are at an increased risk for
                                                       Dated: April 2, 2015.                                West Building, 1200 New Jersey Avenue                 a crash. In addition, the Agency
                                                    Simon Henshaw,                                          SE., Washington, DC, between 9 a.m.                   reviewed each applicant’s driving
                                                    Principal Deputy Assistant Secretary, Bureau            and 5 p.m., e.t., Monday through Friday,              record found in the CDLIS,1 for CDL
                                                    of Population, Refugees and Migration,                  except Federal holidays.                              holders, and inspections recorded in
                                                    Department of State.                                       Privacy Act: In accordance with 5                  MCMIS.2 For non-CDL holders, the
                                                    [FR Doc. 2015–08127 Filed 4–7–15; 8:45 am]
                                                                                                            U.S.C. 553(c), DOT solicits comments                  Agency reviewed the driving records
                                                                                                            from the public to better inform its                  from the State licensing agency. Each
                                                    BILLING CODE 4710–33–P
                                                                                                            rulemaking process. DOT posts these                   applicant’s record demonstrated a safe
                                                                                                            comments, without edit, including any                 driving history. The Agency believes the
                                                                                                            personal information the commenter                    drivers covered by the exemptions do
                                                    DEPARTMENT OF TRANSPORTATION                            provides, to www.regulations.gov, as                  not pose a risk to public safety.
                                                                                                            described in the system of records
                                                    Federal Motor Carrier Safety                            notice (DOT/ALL–14 FDMS), which can                   C. Comments
                                                    Administration                                          be reviewed at www.dot.gov/privacy.
                                                                                                                                                                     On February 14, 2014, FMCSA
                                                                                                            B. Background                                         published a notice of receipt of
                                                    [Docket No. FMCSA–2013–0124]
                                                                                                               Under 49 U.S.C. 31136(e) and 31315,                exemption applications and requested
                                                    Qualification of Drivers; Application for               FMCSA may grant an exemption from                     public comment on 51 individuals. The
                                                    Exemptions; Hearing                                     the safety regulations for a 2-year period            comment period ended on March 17,
                                                                                                            if it finds ‘‘such exemption would likely             2014. In response to the notice, FMCSA
                                                    AGENCY: Federal Motor Carrier Safety                    achieve a level of safety that is                     received one comment from Ann
                                                    Administration (FMCSA), DOT.                            equivalent to or greater than the level               Sherman, who supports the idea of deaf
                                                    ACTION: Notice of final disposition.                    that would be achieved absent such                    drivers having the opportunity to get
                                                                                                            exemption.’’ The statute also allows the              training and seek employment ‘‘like
                                                    SUMMARY:   FMCSA announces its                          Agency to renew exemptions at the end                 everyone else’’. FMCSA has determined
                                                    decision to grant requests from 51                      of the 2-year period. The current                     that the following 51 applicants should
                                                    individuals for exemptions from the                     provisions of the FMCSRs concerning                   be granted an exemption:
                                                    Agency’s physical qualifications                        hearing state that a person is physically
                                                    standard concerning hearing for                                                                               D. Exemptions Granted
                                                                                                            qualified to drive a CMV if that person:
                                                    interstate drivers. The current regulation
                                                    prohibits hearing impaired individuals                    First perceives a forced whispered voice in           Following individualized assessments
                                                    from operating CMVs in interstate
                                                                                                            the better ear at not less than 5 feet with or        of the exemption applications, FMCSA
                                                                                                            without the use of a hearing aid or, if tested        grants exemptions from 49 CFR
                                                    commerce. After notice and opportunity                  by use of an audiometric device, does not
                                                    for public comment, the Agency                                                                                391.41(b)(11) to 51 individuals. Under
                                                                                                            have an average hearing loss in the better ear
                                                    concluded that granting exemptions for                  greater than 40 decibels at 500 Hz, 1,000 Hz,
                                                                                                                                                                  current FMCSA regulations, all of the 51
                                                    these drivers to operate property-                      and 2,000 Hz with or without a hearing aid            drivers receiving exemptions from 49
                                                    carrying CMVs will provide a level of                   when the audiometric device is calibrated to          CFR 391.41(b)(11) would have been
                                                    safety that is equivalent to or greater                 American National Standard (formerly ASA              considered physically qualified to drive
                                                                                                            Standard) Z24.5–1951.                                 a CMV in interstate commerce except
                                                    than the level of safety maintained
                                                    without the exemptions. The                             49 CFR 391.41(b)(11). This standard was               that they do not meet the hearing
                                                    exemptions are valid for a 2-year period                adopted in 1970, with a revision in 1971              requirement. FMCSA has determined
                                                    and may be renewed, and the                             to allow drivers to be qualified under                that the following 51 applicants should
                                                    exemptions preempt State laws and                       this standard while wearing a hearing                 be granted an exemption:
                                                    regulations.                                            aid, 35 FR 6458, 6463 (April 22, 1970)                Brooks Andresen
                                                                                                            and 36 FR 12857 (July 3, 1971).
                                                    DATES:  The exemptions are effective                      FMCSA grants 51 individuals an
                                                    April 8, 2015. The exemptions expire on                                                                          Mr. Andresen, 34, holds a driver’s
                                                                                                            exemption from section 391.41(b)(11)                  license in Utah.
                                                    April 10, 2017.                                         concerning hearing to enable them to
                                                    FOR FURTHER INFORMATION CONTACT:                        operate property-carrying CMVs in                        1 Commercial Driver License Information System
                                                    Charles A. Horan, III, Director, Office of              interstate commerce for a 2-year period.              (CDLIS) is an information system that allows the
                                                    Carrier, Driver and Vehicle Safety, (202)               The Agency’s decision on these                        exchange of commercial driver licensing
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    366–4001, fmcsamedical@dot.gov,                         exemption applications is based on the                information among all the States. CDLIS includes
                                                    FMCSA, Department of Transportation,                                                                          the databases of 51 licensing jurisdictions and the
                                                                                                            current medical literature and                        CDLIS Central Site, all connected by a
                                                    1200 New Jersey Avenue SE., Room                        information and the ‘‘Executive                       telecommunications network.
                                                    W64–224, Washington, DC 20590–0001.                     Summary on Hearing, Vestibular                           2 Motor Carrier Management Information System

                                                    Office hours are 8:30 a.m. to 5 p.m., e.t.,             Function and Commercial Motor                         (MCMIS) is an information system that captures
                                                    Monday through Friday, except Federal                                                                         data from field offices through SAFETYNET,
                                                                                                            Driving Safety’’ (the 2008 Evidence                   CAPRI, and other sources. It is a source for FMCSA
                                                    holidays.                                               Report) presented to FMCSA on August                  inspection, crash, compliance review, safety audit,
                                                    SUPPLEMENTARY INFORMATION:                              26, 2008. The evidence report reached                 and registration data.



                                               VerDate Sep<11>2014   17:55 Apr 07, 2015   Jkt 235001   PO 00000   Frm 00119   Fmt 4703   Sfmt 4703   E:\FR\FM\08APN1.SGM   08APN1


                                                                                  Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices                                               18925

                                                    Alexey Belousov                                         John R. Harper, Jr.                                   Kelly Pulvermacher
                                                       Mr. Belousov, 37, holds a driver’s                      Mr. Harper, 33, holds a driver’s                      Mr. Pulvermacher, 27, holds a driver’s
                                                    license in Maryland.                                    license in Illinois.                                  license in Wisconsin.
                                                    Richard Boggs                                           Kenneth E. Harris                                     Jeremy Reams
                                                      Mr. Boggs, 37, holds a driver’s license                 Mr. Harris, 39, holds a driver’s license               Mr. Reams, 37, holds a driver’s
                                                    in Ohio.                                                in Missouri.                                          license in Kentucky.
                                                    Conley Bowling                                          Susan D. Helgerson                                    Victor M. Robinson
                                                       Mr. Bowling, 35, holds a driver’s                       Ms. Helgerson, 49, holds a driver’s                   Mr. Robinson, 31, holds a driver’s
                                                    license in Kentucky.                                    license in Wisconsin.                                 license in Louisiana.
                                                    Marquarius Boyd                                         Kimberly Hicks                                        Darrin A. Rutley
                                                      Mr. Boyd, 23, holds a driver’s license                  Ms. Hicks, 47, holds a driver’s license                Mr. Rutley, 32, holds a driver’s
                                                    in Mississippi.                                         in Illinois.                                          license in New York.
                                                    Charles Breidenthal                                     Devon T. Hinds                                        Samuel Sherman
                                                       Mr. Breidenthal, 62, holds a driver’s                  Mr. Hinds, 56, holds a driver’s license                Mr. Sherman, 36, holds a driver’s
                                                    license in California.                                  in Colorado.                                          license in Minnesota.
                                                    Adam Brown                                              Ryan S. Howard                                        Andrey Shevchenko
                                                       Mr. Brown, 32, holds a driver’s                         Mr. Howard, 41, holds a driver’s                      Mr. Shevchenko, 22, holds a driver’s
                                                    license in Texas.                                       license in New York.                                  license in Minnesota.
                                                    Kwinton C. Carpenter                                    Gregory Ingram                                        Ronald K. Smith, Jr.
                                                       Mr. Carpenter, 29, holds a driver’s                     Mr. Ingram, 28, holds a driver’s                     Mr. Smith, 33, holds a driver’s license
                                                    license in Ohio.                                        license in North Carolina.                            in Texas.
                                                    Ronald Dillon, Jr.                                      Bernard LaFayette                                     Willine D. Smith
                                                      Mr. Dillon, 49, holds a driver’s license                 Mr. LaFayette, 59, holds a driver’s                  Ms. Smith, 52, holds a Class B
                                                    in California.                                          license in California.                                commercial driver’s license (CDL) in
                                                    Clark Dobson                                            Christopher Lucki                                     Florida.
                                                       Mr. Dobson, 50, holds a driver’s                       Mr. Lucki, 32, holds a driver’s license             William Templeton
                                                    license in California.                                  in Illinois.                                             Mr. Templeton, 44, holds a driver’s
                                                    Louis Dominik                                           Joshua Matlow                                         license in Georgia.
                                                       Mr. Dominik, 54, holds a driver’s                       Mr. Matlow, 34, holds a driver’s                   Timothy A. Terpak
                                                    license in Texas.                                       license in Texas.                                        Mr. Terpak, 28, holds a driver’s
                                                    Kareem M. Douglas                                       Kathy Mazique                                         license in Pennsylvania.
                                                       Mr. Douglas, 39, holds a driver’s                       Ms. Mazique, 31, holds a driver’s                  Jeremy L. Thrush
                                                    license in Ohio.                                        license in Illinois.                                     Mr. Thrush, 27, holds a driver’s
                                                    Craig Eberhart                                          David W. McCoy                                        license in Pennsylvania.
                                                       Mr. Eberhart, 43, holds a driver’s                      Mr. McCoy, 63, holds a driver’s                    Carlos A. Torres
                                                    license in Pennsylvania.                                license in California.                                  Mr. Torres, 30, holds a driver’s license
                                                    Anthony Farinacci                                       Clair Mitcham                                         in Florida.
                                                       Mr. Farinacci, 50, holds a driver’s                     Ms. Mitcham, 56, holds a driver’s                  John K. Turner, III
                                                    license in Ohio.                                        license Texas.                                           Mr. Turner, 49, holds a driver’s
                                                    Timothy D. Finley                                       Jeffrey S. Moore                                      license in Colorado.
                                                      Mr. Finley, 48, holds a driver’s license                 Mr. Moore, 35, holds a driver’s license            Chad Weaver
                                                    in California.                                          in Pennsylvania.                                         Mr. Weaver, 32, holds a driver’s
                                                    Danny E. Fisk                                           Christopher Morgan                                    license in Georgia.
                                                      Mr. Fisk, 57, holds a driver’s license                   Mr. Morgan, 25, holds a driver’s                   E. Basis For Exemption
                                                    in Colorado.                                            license in Massachusetts.
                                                                                                                                                                    Under 49 U.S.C. 31136(e) and 31315,
                                                    Christopher Fitzwater                                   Quinton Murphy                                        FMCSA may grant an exemption from
                                                       Mr. Fitzwater, 27, holds a driver’s                     Mr. Murphy, 32, holds a driver’s                   the hearing standard in 49 CFR
                                                                                                                                                                  391.41(b)(11) if the exemption is likely
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    license in Virginia.                                    license in Wisconsin.
                                                                                                                                                                  to achieve an equivalent or greater level
                                                    Kenneth Frilando                                        William Noble                                         of safety than would be achieved
                                                       Mr. Frilando, 46, holds a driver’s                     Mr. Noble, 63, holds a driver’s license             without the exemption. With the
                                                    license in New York.                                    in New York.                                          exemption, applicants can drive in
                                                                                                                                                                  interstate commerce. Thus, the Agency’s
                                                    Timothy Gallagher                                       Veniamin Panteleimonov                                analysis focuses on whether an equal or
                                                       Mr. Gallagher, 51, holds a driver’s                    Mr. Panteleimonov, 34, holds a                      greater level of safety is likely to be
                                                    license in Pennsylvania.                                driver’s license in California.                       achieved by permitting each of these


                                               VerDate Sep<11>2014   17:55 Apr 07, 2015   Jkt 235001   PO 00000   Frm 00120   Fmt 4703   Sfmt 4703   E:\FR\FM\08APN1.SGM   08APN1


                                                    18926                         Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices

                                                    drivers to drive in interstate commerce                 Rutley (NY); Samuel Sherman (MN);                        Docket: For access to the docket to
                                                    as opposed to restricting him or her to                 Andrey Shevchenko (MN); Ronald K.                     read background documents or
                                                    driving in intrastate commerce. The                     Smith, Jr. (TX); Willine D. Smith (FL);               comments, go to http://
                                                    driver must comply with the terms and                   William Templeton (GA); Timothy A.                    www.regulations.gov and/or Room
                                                    conditions of the exemption. This                       Terpak (PA); Jeremy L. Thrush (PA);                   W12–140 on the ground level of the
                                                    includes reporting any crashes or                       Carlos A. Torres (FL); John K. Turner, III            West Building, 1200 New Jersey Avenue
                                                    accidents as defined in 49 CFR 390.5                    (CO); and Chad Weaver (GA).                           SE., Washington, DC, between 9 a.m.
                                                    and reporting all citations and                           Issued on: April 2, 2015.                           and 5 p.m., e.t., Monday through Friday,
                                                    convictions for disqualifying offenses                                                                        except Federal holidays.
                                                                                                            Larry W. Minor,
                                                    under 49 CFR part 383 and 49 CFR 391.                                                                            Privacy Act: In accordance with 5
                                                                                                            Associate Administrator for Policy.
                                                                                                                                                                  U.S.C. 553(c), DOT solicits comments
                                                    Conclusion                                              [FR Doc. 2015–08052 Filed 4–7–15; 8:45 am]            from the public to better inform its
                                                       The Agency is granting exemptions                    BILLING CODE 4910–EX–P                                rulemaking process. DOT posts these
                                                    from the hearing standard, 49 CFR                                                                             comments, without edit, including any
                                                    391.41(b)(11), to 51 individuals based                                                                        personal information the commenter
                                                    on a thorough evaluation of each                        DEPARTMENT OF TRANSPORTATION                          provides, to www.regulations.gov, as
                                                    driver’s safety experience. Safety                                                                            described in the system of records
                                                    analysis of information relating to these               Federal Motor Carrier Safety
                                                                                                            Administration                                        notice (DOT/ALL–14 FDMS), which can
                                                    51 applicants meets the burden of                                                                             be reviewed at www.dot.gov/privacy.
                                                    showing that granting the exemptions                    [Docket No. FMCSA–2013–0121; FMCSA–
                                                    would achieve a level of safety that is                 2013–0122; FMCSA–2013–0123]                           B. Background
                                                    equivalent to or greater than the level                                                                          Under 49 U.S.C. 31136(e) and 31315,
                                                    that would be achieved without the                      Qualification of Drivers; Application for             FMCSA may grant an exemption from
                                                    exemption. By granting the exemptions,                  Exemptions; Hearing                                   the safety regulations for a 2-year period
                                                    the CMV industry will gain 51                           AGENCY: Federal Motor Carrier Safety                  if it finds ‘‘such exemption would likely
                                                    additional CMV drivers. In accordance                   Administration (FMCSA), DOT.                          achieve a level of safety that is
                                                    with 49 U.S.C. 31315, each exemption                                                                          equivalent to or greater than the level
                                                                                                            ACTION: Notice of final disposition.
                                                    will be valid for 2 years from the                                                                            that would be achieved absent such
                                                    effective date with annual recertification              SUMMARY:   FMCSA announces its                        exemption.’’ The statute also allows the
                                                    required unless revoked earlier by                      decision to grant requests from 39                    Agency to renew exemptions at the end
                                                    FMCSA. The exemption will be revoked                    individuals for exemptions from the                   of the 2-year period. The current
                                                    if the following occurs: (1) The person                 Agency’s physical qualifications                      provisions of the FMCSRs concerning
                                                    fails to comply with the terms and                      standard concerning hearing for                       hearing state that a person is physically
                                                    conditions of the exemption; (2) the                    interstate drivers. The current regulation            qualified to drive a CMV if that person:
                                                    exemption has resulted in a lower level                 prohibits hearing impaired individuals                  First perceives a forced whispered voice in
                                                    of safety than was maintained prior to                  from operating CMVs in interstate                     the better ear at not less than 5 feet with or
                                                    being granted; or (3) continuation of the               commerce. After notice and opportunity                without the use of a hearing aid or, if tested
                                                    exemption would not be consistent with                  for public comment, the Agency                        by use of an audiometric device, does not
                                                    the goals and objectives of 49 U.S.C.                   concluded that granting exemptions for                have an average hearing loss in the better ear
                                                    31136 and 31315.                                        these drivers to operate property-                    greater than 40 decibels at 500 Hz, 1,000 Hz,
                                                       FMCSA exempts the following 51                       carrying CMVs will provide a level of                 and 2,000 Hz with or without a hearing aid
                                                    drivers for a period of 2 years from the                safety that is equivalent to or greater               when the audiometric device is calibrated to
                                                    physical qualification standard                                                                               American National Standard (formerly ASA
                                                                                                            than the level of safety maintained                   Standard) Z24.5—1951.
                                                    concerning hearing: Brooks Andresen                     without the exemptions. The
                                                    (UT); Alexey Belousov (MD); Richard                                                                           49 CFR 391.41(b)(11). This standard was
                                                                                                            exemptions are valid for a 2-year period
                                                    Boggs (OH); Conley Bowling (KY);                                                                              adopted in 1970, with a revision in 1971
                                                                                                            and may be renewed, and the
                                                    Marquarius Boyd (MS); Charles                                                                                 to allow drivers to be qualified under
                                                                                                            exemptions preempt State laws and
                                                    Breidenthal (CA); Adam Brown (TX);                                                                            this standard while wearing a hearing
                                                                                                            regulations.
                                                    Kwinton Carpenter (OH); Ronald Dillon,                                                                        aid, 35 FR 6458, 6463 (April 22, 1970)
                                                    Jr. (CA); Clark Dobson (CA); Louis                      DATES: The exemptions are effective                   and 36 FR 12857 (July 3, 1971).
                                                    Dominik (TX); Kareem M. Douglas (OH);                   April 8, 2015. The exemptions expire on                 FMCSA grants 39 individuals an
                                                    Craig Eberhart (PA); Anthony Farinacci                  April 10, 2017.                                       exemption from § 391.41(b)(11)
                                                    (OH); Timothy D. Finley (CA); Danny E.                  FOR FURTHER INFORMATION CONTACT:                      concerning hearing to enable them to
                                                    Fisk (CO); Christopher Fitzwater (VA);                  Charles A. Horan, III, Director, Office of            operate property-carrying CMVs in
                                                    Kenneth Frilando (NY); Timothy                          Carrier, Driver and Vehicle Safety, (202)             interstate commerce for a 2-year period.
                                                    Gallagher (PA); John R. Harper, Jr. (IL);               366–4001, fmcsamedical@dot.gov,                       The Agency’s decision on these
                                                    Kenneth E. Harris (MO); Susan D.                        FMCSA, Department of Transportation,                  exemption applications is based on the
                                                    Helgerson (WI); Kimberly Hicks (IL);                    1200 New Jersey Avenue SE., Room                      current medical literature and
                                                    Devon T. Hinds (CO); Ryan S. Howard                     W64–224, Washington, DC 20590–0001.                   information and the ‘‘Executive
                                                    (NY); Gregory Ingram (NC); Bernard                      Office hours are 8:30 a.m. to 5 p.m., e.t.,           Summary on Hearing, Vestibular
                                                    LaFayette (CA); Christopher Lucki (IL);                 Monday through Friday, except Federal                 Function and Commercial Motor
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Joshua Matlow (TX); Kathy Mazique                       holidays.                                             Driving Safety’’ (the 2008 Evidence
                                                    (IL); David W. McCoy (CA); Clair                        SUPPLEMENTARY INFORMATION:                            Report) presented to FMCSA on August
                                                    Mitcham (TX); Jeffrey S. Moore (PA);                                                                          26, 2008. The evidence report reached
                                                    Christopher Morgan (MA); Quinton                        A. Electronic Access                                  two conclusions regarding the matter of
                                                    Murphy (WI); William Noble (NY);                          You may see all the comments online                 hearing loss and CMV driver safety: (1)
                                                    Veniamin Panteleimonov (CA); Kelly                      through the Federal Document                          No studies that examined the
                                                    Pulvermacher (WI); Jeremy Reams (KY);                   Management System (FDMS) at: http://                  relationship between hearing loss and
                                                    Victor M. Robinson (LA); Darrin A.                      www.regulations.gov.                                  crash risk exclusively among CMV


                                               VerDate Sep<11>2014   17:55 Apr 07, 2015   Jkt 235001   PO 00000   Frm 00121   Fmt 4703   Sfmt 4703   E:\FR\FM\08APN1.SGM   08APN1



Document Created: 2018-02-21 10:06:41
Document Modified: 2018-02-21 10:06:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions are effective April 8, 2015. The exemptions expire on April 10, 2017.
ContactCharles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (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.
FR Citation80 FR 18924 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR