Qualification of Drivers; Application for Exemptions; Hearing, 18926-18928 [2015-08062]
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18926
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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.
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Jkt 235001
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
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
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 propertycarrying 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, fmcsamedical@dot.gov,
FMCSA, Department of Transportation,
1200 New Jersey Avenue SE., Room
W64–224, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
Docket: For access to the docket to
read background documents or
comments, go to https://
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 § 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
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08APN1
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
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.
C. Comments
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:
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.
Andrew Alcozer
Docket # FMCSA–2013–0121
Mr. Beebe, 51, holds an operator’s
license from New Jersey.
Mr. Alcozer, 30, holds an operator’s
license from Illinois.
James Allen
Mr. Allen, 47, holds an operator’s
license from Vermont.
Michael Beebe
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.
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.
Docket # FMCSA–2013–0122
Gregorio Cerino-Perez
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.
Mr. Cerino-Perez, 36, holds an
operator’s license from Virginia.
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
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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.
VerDate Sep<11>2014
17:55 Apr 07, 2015
Jkt 235001
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.
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
18927
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.
E:\FR\FM\08APN1.SGM
08APN1
18928
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
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.
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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Conclusion
[Docket No. FMCSA–2015–0057]
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
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
VerDate Sep<11>2014
17:55 Apr 07, 2015
Jkt 235001
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation.
ACTION: Notice of applications for
exemptions request for comments.
AGENCY:
FMCSA announces receipt of
applications from 49 individuals for
SUMMARY:
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
exemption from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. If granted, the exemptions
would enable these individuals with
ITDM to operate CMVs in interstate
commerce.
Comments must be received on
or before May 8, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2015–0057 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket numbers for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Federal Docket Management System
(FDMS) is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
DATES:
E:\FR\FM\08APN1.SGM
08APN1
]]>Agencies
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18926-18928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08062]
-----------------------------------------------------------------------
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,
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
A. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://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
