80_FR_18993 80 FR 18926 - Qualification of Drivers; Application for Exemptions; Hearing

80 FR 18926 - 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 Range18926-18928
FR Document2015-08062

FMCSA announces its decision to grant requests from 39 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 18926-18928]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08062]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0121; FMCSA-2013-0122; FMCSA-2013-0123]


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 39 
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 39 individuals an exemption from Sec.  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

[[Page 18927]]

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

    FMCSA announced the exemption applications and requested public 
comment for each of the applicants in one of the notices below. For 
those applicants discussed in a previous notice but who are not 
mentioned in this notice, the Agency announced its decision in a 
previous notice.

Docket # FMCSA-2013-0121

    On May 3, 2013, FMCSA published a notice of receipt of exemption 
applications and requested public comment on 9 individuals. The comment 
period ended on June 3, 2013. In response to the notice, FMCSA received 
three comments. All three commenters support the idea of granting 
exemptions.

Docket # FMCSA-2013-0122

    On May 6, 2013, FMCSA published a notice of receipt of exemption 
applications and requested public comment on 16 individuals. The 
comment period ended on June 5, 2013. In response to the notice, FMCSA 
received four comments. All four commenters support the idea of 
granting exemptions.

Docket # FMCSA-2013-0123

    On July 16, 2013, FMCSA published a notice of receipt of exemption 
applications and requested public comment on 27 individuals. The 
comment period ended on August 15, 2013. In response to the notice, 
FMCSA received seven comments. All seven commenters support the idea of 
granting exemptions.

D. Exemptions Granted

    Following individualized assessments of the exemption applications, 
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 39 individuals. 
Under current FMCSA regulations, all of the 39 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 39 applicants should be granted an exemption:

Andrew Alcozer

    Mr. Alcozer, 30, holds an operator's license from Illinois.

James Allen

    Mr. Allen, 47, holds an operator's license from Vermont.

Michael Beebe

    Mr. Beebe, 51, holds an operator's license from New Jersey.

Shayne Bumbalough

    Mr. Bumbalough, 41, holds an operator's license from Washington.

Barry Carpenter

    Mr. Carpenter, 57, holds an operator's license from South Dakota.

Gregorio Cerino-Perez

    Mr. Cerino-Perez, 36, holds an operator's license from Virginia.

Charles Cofield

    Mr. Cofield, 37, holds an operator's license from Mississippi.

Chase Cook

    Mr. Cook, 31, holds an operator's license from Virginia.

Barry Crisman

    Mr. Crisman, 53, holds an operator's license from California.

Michael Desarmeaux

    Mr. Desarmeaux, 53, holds an operator's license from Ohio.

Robert Douglas

    Mr. Douglas, 47, holds an operator's license from California.

William Faulk

    Mr. Faulk, 33, holds an operator's license from Alabama.

Michael Fuller

    Mr. Fuller, 30, holds an operator's license from North Carolina.

Daniel Grossinger

    Mr. Grossinger, 27, holds an operator's license from Maryland.

Gregory Hill

    Mr. Hill, 38, holds an operator's license from Mississippi.

Kyle Hornung

    Mr. Hornung, 25, holds an operator's license from Wisconsin.

Ronald Jardine

    Mr. Jardine, 60, holds an operator's license from New Jersey.

Michael Jenkins

    Mr. Jenkins, 33, holds an operator's license from Virginia.

Roman Landa

    Mr. Landa, 37, holds an operator's license from California.

Bryan Macfarlane

    Mr. Macfarlane, 33, holds an operator's license from Vermont.

Aminder Malhi

    Mr. Malhi, 25, holds an operator's license from California.

Mark Martin

    Mr. Martin, 60, holds an operator's license from Michigan.

Joshua Moothart

    Mr. Moothart, 36, holds an operator's license from Oregon.

Robert Munson

    Mr. Munson, 63, holds an operator's license from New Jersey.

Jayson Lawson

    Mr. Lawson, 39, holds an operator's license from Arkansas.

Albert Nicholson

    Mr. Nicholson, 43, holds an operator's license from New Mexico.

Darren Nordquist

    Mr. Nordquist, 46, holds an operator's license from Wisconsin.

Edwin Oakes II

    Mr. Oakes, 44, holds an operator's license from New York.

Jeffrey Pagenkopf

    Mr. Pagenkopf, 30, holds an operator's license from Minnesota.

Jacob Paullin

    Mr. Paullin, 38, holds an operator's license from Wisconsin.

Ryan Pope

    Mr. Pope, 37, holds an operator's license from California.

[[Page 18928]]

Thomas Potterfield

    Mr. Potterfield, 31, holds an operator's license from South 
Carolina.

Thomas Prickett

    Mr. Prickett, 45, holds an operator's license from Minnesota.

Fernando Ramirez-Savon

    Mr. Ramirez-Savon, 45, holds a class A commercial driver's license 
from New Mexico.

Ralph Reno

    Mr. Reno, 43, holds an operator's license from Pennsylvania.

Ronald Rutter

    Mr. Rutter, 50, holds an operator's license from Arizona.

Russell Smith

    Mr. Smith, 44, holds an operator's license from Ohio.

James Weir

    Mr. Weir, 41, holds an operator's license from Washington.

Billy White

    Mr. White, 42, holds an operator's license from Texas.

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 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 39 individuals based on an evaluation of each 
driver's safety experience. Safety analysis of information relating to 
these 39 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 39 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 39 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Andrew Alcozer 
(IL); James Allen (VT); Michael Beebe (NJ); Shayne Bumbalough (WA); 
Barry Carpenter (SD); Gregorio Cerino-Perez (VA); Charles Cofield (MS); 
Chase Cook (VA); Barry Crisman (CA); Michael Desarmeaux (OH); Robert 
Douglas (CA); William Faulk (AL); Michael Fuller (NC); Daniel 
Grossinger (MD); Gregory Hill (MS); Kyle Hornung (WI); Ronald Jardine 
(NJ); Michael Jenkins (VA); Roman Landa (CA); Bryan Macfarlane (VT); 
Aminder Malhi (CA); Mark Martin (MI); Joshua Moothart (OR); Robert 
Munson (NJ); Jayson Lawson (AR); Albert Nicholson (NM); Darren 
Nordquist (WI); Edwin Oakes II (NY); Jeffrey Pagenkopf (MN); Jacob 
Paullin (WI); Ryan Pope (CA); Thomas Potterfield (SC); Thomas Prickett 
(MN); Fernando Ramirez-Savon (NM); Ralph Reno (PA); Ronald Rutter (AZ); 
Russell Smith (OH); James Weir (WA); and Billy White (TX).

    Dated: April 2, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08062 Filed 4-7-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    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


                                                                                  Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices                                            18927

                                                    drivers were identified; and (2) evidence               commenters support the idea of granting               Daniel Grossinger
                                                    from studies of the private driver license              exemptions.                                             Mr. Grossinger, 27, holds an
                                                    holder population does not support the                                                                        operator’s license from Maryland.
                                                                                                            D. Exemptions Granted
                                                    contention that individuals with hearing
                                                    impairment are at an increased risk for                   Following individualized assessments                Gregory Hill
                                                    a crash. In addition, the Agency                        of the exemption applications, FMCSA                     Mr. Hill, 38, holds an operator’s
                                                    reviewed each applicant’s driving                       grants exemptions from 49 CFR                         license from Mississippi.
                                                    record found in the CDLIS,1 for CDL                     391.41(b)(11) to 39 individuals. Under
                                                    holders, and inspections recorded in                    current FMCSA regulations, all of the 39              Kyle Hornung
                                                    MCMIS.2 For non-CDL holders, the                        drivers receiving exemptions from 49                     Mr. Hornung, 25, holds an operator’s
                                                    Agency reviewed the driving records                     CFR 391.41(b)(11) would have been                     license from Wisconsin.
                                                    from the State licensing agency. Each                   considered physically qualified to drive
                                                                                                                                                                  Ronald Jardine
                                                    applicant’s record demonstrated a safe                  a CMV in interstate commerce except
                                                    driving history. The Agency believes the                that they do not meet the hearing                        Mr. Jardine, 60, holds an operator’s
                                                    drivers covered by the exemptions do                    requirement. FMCSA has determined                     license from New Jersey.
                                                    not pose a risk to public safety.                       that the following 39 applicants should               Michael Jenkins
                                                                                                            be granted an exemption:
                                                    C. Comments                                                                                                      Mr. Jenkins, 33, holds an operator’s
                                                                                                            Andrew Alcozer                                        license from Virginia.
                                                      FMCSA announced the exemption
                                                    applications and requested public                          Mr. Alcozer, 30, holds an operator’s               Roman Landa
                                                    comment for each of the applicants in                   license from Illinois.
                                                                                                                                                                     Mr. Landa, 37, holds an operator’s
                                                    one of the notices below. For those
                                                                                                            James Allen                                           license from California.
                                                    applicants discussed in a previous
                                                    notice but who are not mentioned in                        Mr. Allen, 47, holds an operator’s                 Bryan Macfarlane
                                                    this notice, the Agency announced its                   license from Vermont.                                   Mr. Macfarlane, 33, holds an
                                                    decision in a previous notice.                          Michael Beebe                                         operator’s license from Vermont.
                                                    Docket # FMCSA–2013–0121                                   Mr. Beebe, 51, holds an operator’s                 Aminder Malhi
                                                      On May 3, 2013, FMCSA published a                     license from New Jersey.                                 Mr. Malhi, 25, holds an operator’s
                                                    notice of receipt of exemption                                                                                license from California.
                                                                                                            Shayne Bumbalough
                                                    applications and requested public
                                                    comment on 9 individuals. The                             Mr. Bumbalough, 41, holds an                        Mark Martin
                                                    comment period ended on June 3, 2013.                   operator’s license from Washington.                      Mr. Martin, 60, holds an operator’s
                                                    In response to the notice, FMCSA                        Barry Carpenter                                       license from Michigan.
                                                    received three comments. All three
                                                                                                               Mr. Carpenter, 57, holds an operator’s             Joshua Moothart
                                                    commenters support the idea of granting
                                                    exemptions.                                             license from South Dakota.                               Mr. Moothart, 36, holds an operator’s
                                                                                                                                                                  license from Oregon.
                                                    Docket # FMCSA–2013–0122                                Gregorio Cerino-Perez
                                                                                                                                                                  Robert Munson
                                                      On May 6, 2013, FMCSA published a                       Mr. Cerino-Perez, 36, holds an
                                                    notice of receipt of exemption                          operator’s license from Virginia.                        Mr. Munson, 63, holds an operator’s
                                                    applications and requested public                                                                             license from New Jersey.
                                                                                                            Charles Cofield
                                                    comment on 16 individuals. The                                                                                Jayson Lawson
                                                    comment period ended on June 5, 2013.                      Mr. Cofield, 37, holds an operator’s
                                                    In response to the notice, FMCSA                        license from Mississippi.                                Mr. Lawson, 39, holds an operator’s
                                                    received four comments. All four                                                                              license from Arkansas.
                                                                                                            Chase Cook
                                                    commenters support the idea of granting                                                                       Albert Nicholson
                                                    exemptions.                                                Mr. Cook, 31, holds an operator’s
                                                                                                            license from Virginia.                                   Mr. Nicholson, 43, holds an operator’s
                                                    Docket # FMCSA–2013–0123                                                                                      license from New Mexico.
                                                                                                            Barry Crisman
                                                      On July 16, 2013, FMCSA published                                                                           Darren Nordquist
                                                    a notice of receipt of exemption                           Mr. Crisman, 53, holds an operator’s
                                                                                                                                                                     Mr. Nordquist, 46, holds an operator’s
                                                    applications and requested public                       license from California.
                                                                                                                                                                  license from Wisconsin.
                                                    comment on 27 individuals. The                          Michael Desarmeaux
                                                    comment period ended on August 15,                                                                            Edwin Oakes II
                                                    2013. In response to the notice, FMCSA                    Mr. Desarmeaux, 53, holds an                           Mr. Oakes, 44, holds an operator’s
                                                    received seven comments. All seven                      operator’s license from Ohio.                         license from New York.
                                                      1 Commercial
                                                                                                            Robert Douglas                                        Jeffrey Pagenkopf
                                                                     Driver License Information System
                                                    (CDLIS) is an information system that allows the           Mr. Douglas, 47, holds an operator’s                  Mr. Pagenkopf, 30, holds an operator’s
                                                    exchange of commercial driver licensing
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            license from California.                              license from Minnesota.
                                                    information among all the States. CDLIS includes
                                                    the databases of 51 licensing jurisdictions and the     William Faulk                                         Jacob Paullin
                                                    CDLIS Central Site, all connected by a
                                                    telecommunications network.                                Mr. Faulk, 33, holds an operator’s                    Mr. Paullin, 38, holds an operator’s
                                                       2 Motor Carrier Management Information System
                                                                                                            license from Alabama.                                 license from Wisconsin.
                                                    (MCMIS) is an information system that captures
                                                    data from field offices through SAFETYNET,              Michael Fuller                                        Ryan Pope
                                                    CAPRI, and other sources. It is a source for FMCSA
                                                    inspection, crash, compliance review, safety audit,        Mr. Fuller, 30, holds an operator’s                   Mr. Pope, 37, holds an operator’s
                                                    and registration data.                                  license from North Carolina.                          license from California.


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                                                    18928                         Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices

                                                    Thomas Potterfield                                      exemption. By granting the exemptions,                exemption from the prohibition against
                                                      Mr. Potterfield, 31, holds an                         the CMV industry will gain 39                         persons with insulin-treated diabetes
                                                    operator’s license from South Carolina.                 additional CMV drivers. In accordance                 mellitus (ITDM) operating commercial
                                                                                                            with 49 U.S.C. 31315, each exemption                  motor vehicles (CMVs) in interstate
                                                    Thomas Prickett                                         will be valid for 2 years from the                    commerce. If granted, the exemptions
                                                       Mr. Prickett, 45, holds an operator’s                effective date with annual recertification            would enable these individuals with
                                                    license from Minnesota.                                 required unless revoked earlier by                    ITDM to operate CMVs in interstate
                                                                                                            FMCSA. The exemption will be revoked                  commerce.
                                                    Fernando Ramirez-Savon                                  if the following occurs: (1) The person               DATES:  Comments must be received on
                                                      Mr. Ramirez-Savon, 45, holds a class                  fails to comply with the terms and                    or before May 8, 2015.
                                                    A commercial driver’s license from New                  conditions of the exemption; (2) the
                                                                                                                                                                  ADDRESSES: You may submit comments
                                                    Mexico.                                                 exemption has resulted in a lower level
                                                                                                                                                                  bearing the Federal Docket Management
                                                                                                            of safety than was maintained prior to
                                                    Ralph Reno                                                                                                    System (FDMS) Docket No. FMCSA–
                                                                                                            being granted; or (3) continuation of the
                                                                                                                                                                  2015–0057 using any of the following
                                                       Mr. Reno, 43, holds an operator’s                    exemption would not be consistent with
                                                                                                                                                                  methods:
                                                    license from Pennsylvania.                              the goals and objectives of 49 U.S.C.
                                                                                                                                                                    • Federal eRulemaking Portal: Go to
                                                                                                            31136 and 31315.
                                                    Ronald Rutter                                                                                                 http://www.regulations.gov. Follow the
                                                                                                               FMCSA exempts the following 39
                                                       Mr. Rutter, 50, holds an operator’s                                                                        on-line instructions for submitting
                                                                                                            drivers for a period of 2 years from the
                                                    license from Arizona.                                                                                         comments.
                                                                                                            physical qualification standard                         • Mail: Docket Management Facility;
                                                    Russell Smith                                           concerning hearing: Andrew Alcozer                    U.S. Department of Transportation, 1200
                                                                                                            (IL); James Allen (VT); Michael Beebe                 New Jersey Avenue SE., West Building
                                                       Mr. Smith, 44, holds an operator’s                   (NJ); Shayne Bumbalough (WA); Barry
                                                    license from Ohio.                                                                                            Ground Floor, Room W12–140,
                                                                                                            Carpenter (SD); Gregorio Cerino-Perez                 Washington, DC 20590–0001.
                                                    James Weir                                              (VA); Charles Cofield (MS); Chase Cook                  • Hand Delivery: West Building
                                                                                                            (VA); Barry Crisman (CA); Michael                     Ground Floor, Room W12–140, 1200
                                                       Mr. Weir, 41, holds an operator’s                    Desarmeaux (OH); Robert Douglas (CA);
                                                    license from Washington.                                                                                      New Jersey Avenue SE., Washington,
                                                                                                            William Faulk (AL); Michael Fuller                    DC, between 9 a.m. and 5 p.m., Monday
                                                    Billy White                                             (NC); Daniel Grossinger (MD); Gregory                 through Friday, except Federal
                                                                                                            Hill (MS); Kyle Hornung (WI); Ronald                  Holidays.
                                                       Mr. White, 42, holds an operator’s
                                                                                                            Jardine (NJ); Michael Jenkins (VA);                     • Fax: 1–202–493–2251.
                                                    license from Texas.
                                                                                                            Roman Landa (CA); Bryan Macfarlane                       Instructions: Each submission must
                                                    E. Basis For Exemption                                  (VT); Aminder Malhi (CA); Mark Martin                 include the Agency name and the
                                                      Under 49 U.S.C. 31136(e) and 31315,                   (MI); Joshua Moothart (OR); Robert                    docket numbers for this notice. Note
                                                    FMCSA may grant an exemption from                       Munson (NJ); Jayson Lawson (AR);                      that all comments received will be
                                                    the hearing standard in 49 CFR                          Albert Nicholson (NM); Darren                         posted without change to http://
                                                    391.41(b)(11) if the exemption is likely                Nordquist (WI); Edwin Oakes II (NY);                  www.regulations.gov, including any
                                                    to achieve an equivalent or greater level               Jeffrey Pagenkopf (MN); Jacob Paullin                 personal information provided. Please
                                                    of safety than would be achieved                        (WI); Ryan Pope (CA); Thomas                          see the Privacy Act heading below for
                                                    without the exemption. With the                         Potterfield (SC); Thomas Prickett (MN);               further information.
                                                    exemption, applicants can drive in                      Fernando Ramirez-Savon (NM); Ralph                       Docket: For access to the docket to
                                                    interstate commerce. Thus, the Agency’s                 Reno (PA); Ronald Rutter (AZ); Russell                read background documents or
                                                    analysis focuses on whether an equal or                 Smith (OH); James Weir (WA); and Billy                comments, go to http://
                                                    greater level of safety is likely to be                 White (TX).                                           www.regulations.gov at any time or
                                                    achieved by permitting each of these                      Dated: April 2, 2015.                               Room W12–140 on the ground level of
                                                    drivers to drive in interstate commerce                 Larry W. Minor,                                       the West Building, 1200 New Jersey
                                                    as opposed to restricting him or her to                 Associate Administrator for Policy.                   Avenue SE., Washington, DC, between 9
                                                    driving in intrastate commerce. The                     [FR Doc. 2015–08062 Filed 4–7–15; 8:45 am]
                                                                                                                                                                  a.m. and 5 p.m., Monday through
                                                    driver must comply with the terms and                                                                         Friday, except Federal holidays. The
                                                                                                            BILLING CODE 4910–EX–P
                                                    conditions of the exemption. This                                                                             Federal Docket Management System
                                                    includes reporting any crashes or                                                                             (FDMS) is available 24 hours each day,
                                                    accidents as defined in 49 CFR 390.5                    DEPARTMENT OF TRANSPORTATION                          365 days each year. If you want
                                                    and reporting all citations and                                                                               acknowledgment that we received your
                                                    convictions for disqualifying offenses                  Federal Motor Carrier Safety                          comments, please include a self-
                                                    under 49 CFR part 383 and 49 CFR 391.                   Administration                                        addressed, stamped envelope or
                                                                                                                                                                  postcard or print the acknowledgement
                                                    Conclusion                                              [Docket No. FMCSA–2015–0057]                          page that appears after submitting
                                                       The Agency is granting exemptions                                                                          comments on-line.
                                                                                                            Qualification of Drivers; Exemption
                                                    from the hearing standard, 49 CFR                                                                                Privacy Act: In accordance with 5
                                                                                                            Applications; Diabetes Mellitus
                                                    391.41(b)(11), to 39 individuals based                                                                        U.S.C. 553(c), DOT solicits comments
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    on an evaluation of each driver’s safety                AGENCY: Federal Motor Carrier Safety                  from the public to better inform its
                                                    experience. Safety analysis of                          Administration (FMCSA), Department                    rulemaking process. DOT posts these
                                                    information relating to these 39                        of Transportation.                                    comments, without edit, including any
                                                    applicants meets the burden of showing                  ACTION: Notice of applications for                    personal information the commenter
                                                    that granting the exemptions would                      exemptions request for comments.                      provides, to www.regulations.gov, as
                                                    achieve a level of safety that is                                                                             described in the system of records
                                                    equivalent to or greater than the level                 SUMMARY:  FMCSA announces receipt of                  notice (DOT/ALL–14 FDMS), which can
                                                    that would be achieved without the                      applications from 49 individuals for                  be reviewed at www.dot.gov/privacy.


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Document Created: 2018-02-21 10:07:02
Document Modified: 2018-02-21 10:07:02
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 18926 

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