Qualification of Drivers; Exemption Applications; Hearing, 21395-21396 [2019-09941]

Download as PDF Federal Register / Vol. 84, No. 93 / Tuesday, May 14, 2019 / Notices optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10) and (b) by a certified Medical Examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist’s or optometrist’s report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/ her driver’s qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. khammond on DSKBBV9HB2PROD with NOTICES VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VII. Conclusion Based upon its evaluation of the 13 exemption applications, FMCSA exempts the following drivers from the vision requirement, 49 CFR 391.41(b)(10), subject to the requirements cited above: Maximo Fernandez (TX) Michael W. Ireland (MA) Thomas J. Johnston, Jr. (TX) Keith A. Larson (MA) Scott A. MacPherson (MA) Brandon L. Mask (AR) Christopher W. Proeschel (OH) Michael Renzetti (CT) Cory W. Schell (WA) Rodney A. Stahl (MN) Alvin J. Urke (CA) David Wiebe (TX) Robert L. Williams, Jr. (MS) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years from the effective date 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. Issued on: May 8, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–09940 Filed 5–13–19; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 16:57 May 13, 2019 Jkt 247001 21395 DEPARTMENT OF TRANSPORTATION I. Public Participation Federal Motor Carrier Safety Administration A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2018–0138), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, put the docket number, FMCSA–2018–0138, in the keyword box, and click ‘‘Search.’’ When the new screen appears, click on the ‘‘Comment Now!’’ button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. [Docket No. FMCSA–2018–0138] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from 27 individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before June 13, 2019. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2018–0138 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 B. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA–2018–0138, in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. C. 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 E:\FR\FM\14MYN1.SGM 14MYN1 21396 Federal Register / Vol. 84, No. 93 / Tuesday, May 14, 2019 / Notices 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. khammond on DSKBBV9HB2PROD with NOTICES II. Background 16:57 May 13, 2019 III. Qualifications of Applicants Selwyn Abrahamson Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-year period if it finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a twoyear period to align with the maximum duration of a driver’s medical certification. The 27 individuals listed in this notice have requested an exemption from the hearing requirement in 49 CFR 391.41(b)(11). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding hearing found in 49 CFR 391.41(b)(11) states that a person is physically qualified to drive a CMV if that person first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. This standard was adopted in 1970 and was revised 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). On February 1, 2013, FMCSA announced in a Notice of Final Disposition titled, Qualification of Drivers; Application for Exemptions; National Association of the Deaf, (78 FR 7479), its decision to grant requests from 40 individuals for exemptions from the Agency’s physical qualification standard concerning hearing for interstate CMV drivers. Since the February 1, 2013 notice, the Agency has published additional notices granting requests from hard of hearing and deaf VerDate Sep<11>2014 individuals for exemptions from the Agency’s physical qualification standard concerning hearing for interstate CMV drivers. Jkt 247001 Mr. Abrahamson, age 30, holds an operator’s license in Minnesota. Oluwatobim Akinsanya Mr. Akinsanya, age 37, holds an operator’s license in New Jersey. Denis J. Ayers Mr. Ayers, age 40, holds an operator’s license in Maryland. Cesare Belardi Mr. Belardi, age 44, holds an operator’s license in Pennsylvania. Robert M. Benner Mr. Benner, age 44, holds a class A CDL in Ohio. Jubal Carnley Mr. Carnley, age 33, holds an operator’s license in Florida. Jason M. Clark Mr. Clark, age 34, holds a class A operator’s license in Missouri. Erik De Leon Mr. De Leon, age 26, holds an operator;s license in Texas. Kareem M. Douglas Mr. Douglas, age 45, holds an operator’s license in Ohio. Billie Jo Martinez Mr. Martinez, age 39, holds an operaator’s license in Texas. Steve Martinez Mr. Martinez, age 54, holds an operator’s license in Colorado. Sergio Miramontes Mr. Miramontes, age 46, holds an operator’s license in California. Jonathan A. Muhm Mr. Muhm, age 39, holds a class A CDL in California. Karl Ortiz Mr. Ortiz, age 41, holds an operator’s license in Missouri. Andreas Shije Mr. Shije, age 28, holds an operator’s license in New Mexico. Mildred A. Smith Mr. Smith, age 51, holds an operator’s license in Arkansas. Joseph Strassberg Mr. Strassburg, age 31, holds an operator’s license in South Dakota. James Thomason Mr. Thomason, age 37, holds an operator’s license in Missouri. Gerld Wager, Jr. Mr. Wager, age 41, holds an operator’s license in North Carolina. Jeremy A. Williamson Sr. Jacob Gadreault Mr. Gadreault, age 26, holds a class A CDL in Massachusetts. Mr. Williamson, age 43, holds an operator’s license in California. Boris D. Garth Matthew Whitehouse Mr. Garth, age 52, holds an operator’s license in Alabama. Mr. Whitehouse, age 30, holds an operator’s license in Washington. Lane Grover IV. Request for Comments Mr. Grover, age 47, holds an operator’s license in Indiana. In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the notice. Michael S. Haywood Mr. Haywood, age 27, holds an operator’s license in Texas. David J. Kakubowski Mr. Jabubowski, age 63, holds an operator’s license in California. Scott W. Lufkin Mr. Lufkin, age 41, holds an operator’s license in North Carolina. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Issued on: May 8, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–09941 Filed 5–13–19; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\14MYN1.SGM 14MYN1

Agencies

[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Notices]
[Pages 21395-21396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09941]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0138]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 27 individuals 
for an exemption from the hearing requirement in the Federal Motor 
Carrier Safety Regulations (FMCSRs) to operate a commercial motor 
vehicle (CMV) in interstate commerce. If granted, the exemptions would 
enable these hard of hearing and deaf individuals to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before June 13, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0138 using any of the 
following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (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., ET, 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2018-0138), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that FMCSA can contact you if there are questions 
regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
put the docket number, FMCSA-2018-0138, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to https://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0138, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. 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

[[Page 21396]]

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.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-year period if it finds such exemption would 
likely achieve a level of safety that is equivalent to, or greater 
than, the level that would be achieved absent such exemption. The 
statute also allows the Agency to renew exemptions at the end of the 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The 27 individuals listed in this notice have requested an 
exemption from the hearing requirement in 49 CFR 391.41(b)(11). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting the exemption will achieve the 
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding hearing 
found in 49 CFR 391.41(b)(11) states that a person is physically 
qualified to drive a CMV if that person first perceives a forced 
whispered voice in the better ear at not less than 5 feet with or 
without the use of a hearing aid or, if tested by use of an audiometric 
device, does not have an average hearing loss in the better ear greater 
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a 
hearing aid when the audiometric device is calibrated to American 
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised 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).
    On February 1, 2013, FMCSA announced in a Notice of Final 
Disposition titled, Qualification of Drivers; Application for 
Exemptions; National Association of the Deaf, (78 FR 7479), its 
decision to grant requests from 40 individuals for exemptions from the 
Agency's physical qualification standard concerning hearing for 
interstate CMV drivers. Since the February 1, 2013 notice, the Agency 
has published additional notices granting requests from hard of hearing 
and deaf individuals for exemptions from the Agency's physical 
qualification standard concerning hearing for interstate CMV drivers.

III. Qualifications of Applicants

Selwyn Abrahamson

    Mr. Abrahamson, age 30, holds an operator's license in Minnesota.

Oluwatobim Akinsanya

    Mr. Akinsanya, age 37, holds an operator's license in New Jersey.

Denis J. Ayers

    Mr. Ayers, age 40, holds an operator's license in Maryland.

Cesare Belardi

    Mr. Belardi, age 44, holds an operator's license in Pennsylvania.

Robert M. Benner

    Mr. Benner, age 44, holds a class A CDL in Ohio.

Jubal Carnley

    Mr. Carnley, age 33, holds an operator's license in Florida.

Jason M. Clark

    Mr. Clark, age 34, holds a class A operator's license in Missouri.

Erik De Leon

    Mr. De Leon, age 26, holds an operator;s license in Texas.

Kareem M. Douglas

    Mr. Douglas, age 45, holds an operator's license in Ohio.

Jacob Gadreault

    Mr. Gadreault, age 26, holds a class A CDL in Massachusetts.

Boris D. Garth

    Mr. Garth, age 52, holds an operator's license in Alabama.

Lane Grover

    Mr. Grover, age 47, holds an operator's license in Indiana.

Michael S. Haywood

    Mr. Haywood, age 27, holds an operator's license in Texas.

David J. Kakubowski

    Mr. Jabubowski, age 63, holds an operator's license in California.

Scott W. Lufkin

    Mr. Lufkin, age 41, holds an operator's license in North Carolina.

Billie Jo Martinez

    Mr. Martinez, age 39, holds an operaator's license in Texas.

Steve Martinez

    Mr. Martinez, age 54, holds an operator's license in Colorado.

Sergio Miramontes

    Mr. Miramontes, age 46, holds an operator's license in California.

Jonathan A. Muhm

    Mr. Muhm, age 39, holds a class A CDL in California.

Karl Ortiz

    Mr. Ortiz, age 41, holds an operator's license in Missouri.

Andreas Shije

    Mr. Shije, age 28, holds an operator's license in New Mexico.

Mildred A. Smith

    Mr. Smith, age 51, holds an operator's license in Arkansas.

Joseph Strassberg

    Mr. Strassburg, age 31, holds an operator's license in South 
Dakota.

James Thomason

    Mr. Thomason, age 37, holds an operator's license in Missouri.

Gerld Wager, Jr.

    Mr. Wager, age 41, holds an operator's license in North Carolina.

Jeremy A. Williamson Sr.

    Mr. Williamson, age 43, holds an operator's license in California.

Matthew Whitehouse

    Mr. Whitehouse, age 30, holds an operator's license in Washington.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.

    Issued on: May 8, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-09941 Filed 5-13-19; 8:45 am]
 BILLING CODE 4910-EX-P

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