Qualification of Drivers; Exemption Applications; Hearing, 26717-26719 [2019-11920]
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices
the FAA. The disposition of proceeds
from the conversion of the airport
property will be in accordance with
FAA’s Policy and Procedures
Concerning the Use of Airport Revenue,
published in the Federal Register on
February 16, 1999. In accordance with
section 47107(h) of Title 49, United
States Code, this notice is required to be
published in the Federal Register 30
days before modifying the land-use
assurance that requires the property to
be used for an aeronautical purpose.
DATES: Comments must be received on
or before July 8, 2019.
ADDRESSES: Send comments on this
document to Mr. Justin Barker, Federal
Aviation Administration, Arkansas/
Oklahoma Airports District Office
Manager, 10101 Hillwood Parkway, Fort
Worth, TX 76177.
FOR FURTHER INFORMATION CONTACT: Ms.
Alexis Higgins, Chief Executive Officer
of Tulsa Airports Improvement Trust,
7777 East Apache, Suite A217, Tulsa,
OK 74115, telephone 918–838–5001; or
Mr. Justin Barker, Federal Aviation
Administration, Arkansas/Oklahoma
Airports District Office Manager, 10101
Hillwood Parkway, Fort Worth, TX
76177, telephone (817) 222–5630.
Documents reflecting this FAA action
may be reviewed at the above locations.
Issued in Fort Worth, TX, on May 30, 2019.
Ignacio Flores,
Director, Airports Division, FAA, Southwest
Region.
[FR Doc. 2019–11990 Filed 6–6–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Rule on a Land
Release Request at Shawnee Regional
Airport, Shawnee, Oklahoma
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of request to release
airport property.
AGENCY:
The FAA proposes to rule and
invites public comment on the
application for the release for disposal
of approximately 2.48 acres of airport
property of federally obligated land at
Shawnee Regional Airport, Shawnee,
OK.
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SUMMARY:
Manager, 10101 Hillwood Parkway, Fort
Worth, TX 76177.
FOR FURTHER INFORMATION CONTACT:
Bonnie Wilson, Airport Manager,
Shawnee Regional Airport, 2202 Airport
Drive, Shawnee, OK 74115, telephone
(405) 878–1532; or Mr. Justin Barker,
Federal Aviation Administration,
Arkansas/Oklahoma Airports District
Office Manager, 10101 Hillwood
Parkway, Fort Worth, TX 76177,
telephone (817) 222–5630.
The FAA
invites public comment on the request
to release property at Shawnee Regional
Airport. The FAA determined that the
request to release property at Shawnee
Regional Airport submitted by the City
of Shawnee met the procedural
requirements of the 49 U.S.C
47107(h)(2). The FAA may approve the
request, in whole or in part, no sooner
than thirty days after the publication of
this notice.
The following is a brief overview of
the request: The city of Shawnee
requests the release of 2.48 acres of
airport property valued at $220,000.
This property was deeded to the City of
Shawnee by the War Assets
Administration on November 20, 1947.
It is located southwest of the Airport
and is separated from the airfield by U.S
Highway 270/Oklahoma State Highway
177. Based on the location of this
property, it is not needed now or in the
foreseeable future for aeronautical
purposes and/or airport development.
The property is currently leased by
Metro Mart. Inc. This is a land lease
only, and all improvements were made
by the lessee. The release will allow the
city to sell the property at fair market
value. The city of Shawnee will use the
proceeds to construct a T-hangar. The
income from the lease of the hangars
will benefit the aviation community by
increasing airport revenue.
Any person may inspect the request
by appointment at the FAA office
address listed above.
SUPPLEMENTARY INFORMATION:
Issued in Fort Worth, TX, on May 30, 2019.
Ignacio Flores,
Director, Airports Division, FAA, Southwest
Region.
[FR Doc. 2019–11989 Filed 6–6–19; 8:45 am]
BILLING CODE 4910–13–P
Comments must be received on
or before July 8, 2019.
ADDRESSES: Send comments on this
document to Mr. Justin Barker, Federal
Aviation Administration, Arkansas/
Oklahoma Airports District Office
DATES:
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26717
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0103; FMCSA–
2014–0106; FMCSA–2014–0107; FMCSA–
2013–0124]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for
twenty four individuals from the
hearing requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) for interstate commercial
motor vehicle (CMV) drivers. The
exemptions enable these hard of hearing
and deaf individuals to continue to
operate CMVs in interstate commerce.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below. Comments must
be received on or before July 8, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2014–0103; FMCSA–2014–
0106; FMCSA–2014–0107; FMCSA–
2013–0124 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 from 8:30 a.m. to 5 p.m., ET,
SUMMARY:
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices
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
jbell on DSK3GLQ082PROD with NOTICES
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2014–0103;
FMCSA–2014–0106; FMCSA–2014–
0107; FMCSA–2013–0124), 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–2014–0103;
FMCSA–2014–0106; FMCSA–2014–
0107; FMCSA–2013–0124, 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.
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–2014–0103;
FMCSA–2014–0106; FMCSA–2014–
0107; FMCSA–2013–0124, 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
VerDate Sep<11>2014
18:13 Jun 06, 2019
Jkt 247001
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
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 for five
years 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 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.
49 CFR 391.41(b)(11) 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).
The twenty four individuals listed in
this notice have requested renewal of
their exemptions from the hearing
standard in 49 CFR 391.41(b)(11), in
accordance with FMCSA procedures.
Accordingly, FMCSA has evaluated
these applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period.
III. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
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drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136 and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the twenty six
applicants has satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement. The
twenty four drivers in this notice remain
in good standing with the Agency. In
addition, for Commercial Driver’s
License (CDL) holders, the Commercial
Driver’s License Information System
(CDLIS) and the Motor Carrier
Management Information System
(MCMIS) are searched for crash and
violation data. For non-CDL holders, the
Agency reviews the driving records
from the State Driver’s Licensing
Agency (SDLA). These factors provide
an adequate basis for predicting each
driver’s ability to continue to safely
operate a CMV in interstate commerce.
Therefore, FMCSA concludes that
extending the exemption for each of
these drivers for a period of two years
is likely to achieve a level of safety
equal to that existing without the
exemption.
As of March 3, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers:
Kevin Ballard (TX)
Scott Friede (TX)
Brandon Veronie (LA)
Anthony Witcher (MI)
The drivers were included in docket
number FMCSA–2014–0106. Their
exemptions are applicable as of March
3, 2019, and will expire March 3, 2021.
As of March 13, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals
have satisfied the renewal conditions for
obtaining an exemption form the
hearing requirement in the FMCSRs for
interstate drivers:
Courtney Bertling (OR)
John Huey (TX)
John Hughey (AR)
Scott Putman (TX)
Kirk Soneson (OH)
The drivers were included in docket
number FMCSA–2014–0107. Their
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices
exemptions, were applicable March 13,
2019, and will expire March 13, 2021.
As of March 19, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers:
Jared Katakura (HI) and Victor Morales
(TX)
The drivers were included in docket
numbers FMCSA–2014–0103 and
FMCSA–2014–0106. Their exemptions
are applicable as of March 19, 2019, and
will expire on March 19, 2021.
As of March 29, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following thirteen
individuals have satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in the
FMCSRs for interstate CMV drivers:
Conley Bowling (NY)
Kareem Douglas (OH)
Craig Eberhart (PA)
Kenneth Frilando (NY)
Nathaniel Godfrey (KY)
Kenneth Harris (TX)
David Helgerson (WI)
Susan Helgerson (WI)
Floyd McClain (OH)
Robert Parrish (CA)
Victor Robinson (IN)
Jesse Shelander, (TX)
John Turner (CO)
The drivers were included in docket
numbers FMCSA–2014–0103 and
FMCSA–2014–0124. Their exemptions
are applicable as of March 29, 2019, and
will expire on March 29, 2021.
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V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must report any crashes or
accidents as defined in 49 CFR 390.5;
and (2) report all citations and
convictions for disqualifying offenses
under 49 CFR part 383 and 49 CFR 391
to FMCSA; and (3) each driver
prohibited from operating a motorcoach
or bus with passengers in interstate
commerce. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. In addition, the exemption does
not exempt the individual from meeting
the applicable CDL testing
requirements. Each exemption will be
valid for two years unless rescinded
earlier by FMCSA. The exemption will
be rescinded if: (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 before it was granted; or
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18:13 Jun 06, 2019
Jkt 247001
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
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
twenty four exemption applications,
FMCSA renews the exemptions of the
aforementioned drivers from the hearing
requirement in 49 CFR 391.41 (b)(11). In
accordance with 49 U.S.C. 31136(e) and
31315, each exemption will be valid for
two years unless revoked earlier by
FMCSA.
Issued on: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–11920 Filed 6–6–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2005–20560; FMCSA–
2006–24783; FMCSA–2006–26653; FMCSA–
2009–0054; FMCSA–2009–0121; FMCSA–
2009–0321; FMCSA–2010–0287; FMCSA–
2010–0372; FMCSA–2011–0057; FMCSA–
2011–0092; FMCSA–2011–0102; FMCSA–
2012–0161; FMCSA–2012–0280; FMCSA–
2012–0337; FMCSA–2012–0338; FMCSA–
2013–0022; FMCSA–2013–0027; FMCSA–
2013–0028; FMCSA–2014–0298; FMCSA–
2014–0301; FMCSA–2014–0302; FMCSA–
2014–0304; FMCSA–2014–0305; FMCSA–
2015–0049; FMCSA–2015–0052; FMCSA–
2016–0207; FMCSA–2016–0209; FMCSA–
2016–0213; FMCSA–2016–0377; FMCSA–
2017–0014; FMCSA–2017–0017; FMCSA–
2017–0018]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 74
individuals from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirements in one eye.
DATES: Each group of renewed
exemptions were applicable on the
SUMMARY:
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26719
dates stated in the discussions below
and will expire on the dates stated in
the discussions below. Comments must
be received on or before July 8, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2005–20560; FMCSA–2006–
24783; FMCSA–2006–26653; FMCSA–
2009–0054; FMCSA–2009–0121;
FMCSA–2009–0321; FMCSA–2010–
0287; FMCSA–2010–0372; FMCSA–
2011–0057; FMCSA–2011–0092;
FMCSA–2011–0102; FMCSA–2012–
0161; FMCSA–2012–0280; FMCSA–
2012–0337; FMCSA–2012–0338;
FMCSA–2013–0022; FMCSA–2013–
0027; FMCSA–2013–0028; FMCSA–
2014–0298; FMCSA–2014–0301;
FMCSA–2014–0302; FMCSA–2014–
0304; FMCSA–2014–0305; FMCSA–
2015–0049; FMCSA–2015–0052;
FMCSA–2016–0207; FMCSA–2016–
0209; FMCSA–2016–0213; FMCSA–
2016–0377; FMCSA–2017–0014;
FMCSA–2017–0017; FMCSA–2017–
0018 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 from 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
E:\FR\FM\07JNN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26717-26719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11920]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-2014-0107; FMCSA-
2013-0124]
Qualification of Drivers; Exemption Applications; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for twenty
four individuals from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for interstate commercial motor
vehicle (CMV) drivers. The exemptions enable these hard of hearing and
deaf individuals to continue to operate CMVs in interstate commerce.
DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before July 8,
2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0103; FMCSA-2014-0106;
FMCSA-2014-0107; FMCSA-2013-0124 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 from 8:30 a.m. to 5 p.m.,
ET,
[[Page 26718]]
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-2014-0103; FMCSA-2014-0106; FMCSA-2014-0107;
FMCSA-2013-0124), 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-2014-0103; FMCSA-2014-0106; FMCSA-2014-
0107; FMCSA-2013-0124, 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-2014-0103; FMCSA-2014-0106; FMCSA-2014-
0107; FMCSA-2013-0124, 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 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
for five years 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 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.
49 CFR 391.41(b)(11) 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).
The twenty four individuals listed in this notice have requested
renewal of their exemptions from the hearing standard in 49 CFR
391.41(b)(11), in accordance with FMCSA procedures. Accordingly, FMCSA
has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period.
III. Request for Comments
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136 and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315, each of the twenty
six applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The twenty four drivers in this
notice remain in good standing with the Agency. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System (CDLIS) and the Motor Carrier Management
Information System (MCMIS) are searched for crash and violation data.
For non-CDL holders, the Agency reviews the driving records from the
State Driver's Licensing Agency (SDLA). These factors provide an
adequate basis for predicting each driver's ability to continue to
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes
that extending the exemption for each of these drivers for a period of
two years is likely to achieve a level of safety equal to that existing
without the exemption.
As of March 3, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Kevin Ballard (TX)
Scott Friede (TX)
Brandon Veronie (LA)
Anthony Witcher (MI)
The drivers were included in docket number FMCSA-2014-0106. Their
exemptions are applicable as of March 3, 2019, and will expire March 3,
2021.
As of March 13, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption form the hearing requirement in
the FMCSRs for interstate drivers:
Courtney Bertling (OR)
John Huey (TX)
John Hughey (AR)
Scott Putman (TX)
Kirk Soneson (OH)
The drivers were included in docket number FMCSA-2014-0107. Their
[[Page 26719]]
exemptions, were applicable March 13, 2019, and will expire March 13,
2021.
As of March 19, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Jared Katakura (HI) and Victor Morales (TX)
The drivers were included in docket numbers FMCSA-2014-0103 and
FMCSA-2014-0106. Their exemptions are applicable as of March 19, 2019,
and will expire on March 19, 2021.
As of March 29, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following thirteen individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Conley Bowling (NY)
Kareem Douglas (OH)
Craig Eberhart (PA)
Kenneth Frilando (NY)
Nathaniel Godfrey (KY)
Kenneth Harris (TX)
David Helgerson (WI)
Susan Helgerson (WI)
Floyd McClain (OH)
Robert Parrish (CA)
Victor Robinson (IN)
Jesse Shelander, (TX)
John Turner (CO)
The drivers were included in docket numbers FMCSA-2014-0103 and
FMCSA-2014-0124. Their exemptions are applicable as of March 29, 2019,
and will expire on March 29, 2021.
V. Conditions and Requirements
The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in 49
CFR 390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA;
and (3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for two years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(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 before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136 and 31315.
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 twenty four exemption
applications, FMCSA renews the exemptions of the aforementioned drivers
from the hearing requirement in 49 CFR 391.41 (b)(11). In accordance
with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two
years unless revoked earlier by FMCSA.
Issued on: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-11920 Filed 6-6-19; 8:45 am]
BILLING CODE 4910-EX-P
