Qualification of Drivers; Exemption Applications; Hearing, 55375-55376 [2019-22501]

Download as PDF Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 / Notices Philip Stoddart Mr. Stoddart is a 30-year-old class D driver in New York. He has a history of epilepsy and has been seizure free since 2009. He takes anti-seizure medication with the dosage and frequency remaining the same since 2009. His physician states that she is supportive of Mr. Stoddart receiving an exemption. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b), 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 under the DATES section of the notice. Issued on: October 4, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–22503 Filed 10–15–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION I. Public Participation Federal Motor Carrier Safety Administration A. Submitting Comments [Docket No. FMCSA–2019–0110] 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 29 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 November 15, 2019. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2019–0110 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov/ docket?D=FMCSA-2019-0110. 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. SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES • 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: (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 Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:10 Oct 15, 2019 Jkt 250001 If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2019–0110), 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/ docket?D=FMCSA-2019-0110. 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. PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 55375 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/ docket?D=FMCSA-2019-0110 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(b), FMCSA may grant an exemption from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year period to align with the maximum duration of a driver’s medical certification. The 29 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 § 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. E:\FR\FM\16OCN1.SGM 16OCN1 55376 Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 / Notices 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 that time 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 Ms. Mathis, 37, holds an operator’s license in Tennessee. Mr. McClain, 53, holds a class A CDL in New York. DEPARTMENT OF TRANSPORTATION Mr. McGowan, 42, holds a class A CDL in West Virginia. Federal Motor Carrier Safety Administration Alan Mitchell Mr. Mitchell, 70, holds a class A CDL in New York. Ronald Misner Mr. Misner, 57, holds a class A CDL in California. Matthew Moore Mr. Moore, 34, holds a class A CDL in Texas. Mr. Roberts, 29, holds an operator’s license in Tennessee. Gilbert L. Swagger, Jr. Teddy R. Tice Mr. Tice, 50, holds a class A CDL in New York. Ryan Arrington Mr. Arrington, 34, holds an operator’s license in Minnesota. Cameron Thomas Jeffrey A. Barbuto Mr. Barbuto, 38, holds an operator’s license in New Hampshire. Mr. Thomas, 33, holds an operator’s license in Iowa. Dain Covington Mr. Covington, 31, holds an operator’s license in Virginia. Mr. Turner, 52, holds an operator’s license in Tennessee. Tymekia L. Crawford Ms. Crawford, 26, holds an operator’s license in Texas. Mr. Ward, 28, holds an operator’s license in North Carolina. Brian J. Davlin Mr. Davlin, 50, holds a class A CDL in Nevada. Mr. Wessels, 28, holds an operator’s license in Missouri. John Fazio Mr. Fazio, 37, holds a class A CDL in Ohio. Mr. Williams, 58, holds an operator’s license in Maryland. Alvin Grasty Mr. Grasty, 54, holds a class A CDL in Pennsylvania. Thomas E. Wray Derek Hawkins Mr. Hawkins, 37, holds an operator’s license in New Hampshire. IV. Request for Comments Edward Wessels Joseph Williams Mr. Wray, 50, holds an operator’s license in North Carolina. Shane Kennedy Mr. Kennedy, 71, holds a class A CDL in Florida. VerDate Sep<11>2014 17:10 Oct 15, 2019 Jkt 250001 Tyler Turner Jerry Ward Emil A. Iontchev Mr. Iontchev, 38, holds a class A CDL in Illinois. In accordance with 49 U.S.C. 31136(e) and 31315(b), 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 under the DATES section of the notice. PO 00000 Frm 00103 Fmt 4703 [Docket No. FMCSA–2019–0184] Hours of Service of Drivers: PTS Worldwide, Inc.; Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received an application from PTS Worldwide, Inc. (PTS) (USDOT 1835654) for an exemption from the hours-of-service (HOS) requirement that drivers utilizing the sleeper-berth (S/B) exception obtain a period of at least 8 consecutive hours in the S/B, plus an additional 2 hours either in the S/B, off duty, or any combination thereof. PTS transports highly sensitive cargo for the Department of Defense (DOD) and proposes that its team drivers be permitted to obtain 10 hours in the S/ B in two periods, neither less than 4 hours long. This would allow the driver to split the required 10 hours into segments of 4⁄6, 5⁄5, or 6⁄4 hours. FMCSA requests public comment on PTS’s application for exemption. DATES: Comments must be received on or before November 15, 2019. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2019–0184 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. • 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 or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to SUMMARY: Abdiwahab S. Olow Mr. Swagger, 66, holds a class A CDL in Texas. Carlos Arellano Mr. Arellano, 32, holds an operator’s license in California. BILLING CODE 4910–EX–P Danny W. McGowan Timothy Roberts Byron S. Allen Mr. Allen, 30, holds an operator’s license in Florida. Issued on: October 4, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–22501 Filed 10–15–19; 8:45 am] Billy Joe McClain Mr. Olow, 31, holds an operator’s license in Minnesota. Jeremy T. Albright Mr. Albright, 31, holds an operator’s license in California. khammond on DSKJM1Z7X2PROD with NOTICES Lacey Mathis Sfmt 4703 E:\FR\FM\16OCN1.SGM 16OCN1

Agencies

[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55375-55376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22501]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0110]


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 29 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 November 15, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2019-0110 using any of the 
following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket?D=FMCSA-2019-0110. 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: (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 
Operations, (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-2019-0110), 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/docket?D=FMCSA-2019-0110. 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/docket?D=FMCSA-2019-0110 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(b), FMCSA may grant an exemption 
from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the 
FMCSRs for a 2-year period to align with the maximum duration of a 
driver's medical certification.
    The 29 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 Sec.  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.

[[Page 55376]]

    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 that time 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

Jeremy T. Albright

    Mr. Albright, 31, holds an operator's license in California.

Byron S. Allen

    Mr. Allen, 30, holds an operator's license in Florida.

Carlos Arellano

    Mr. Arellano, 32, holds an operator's license in California.

Ryan Arrington

    Mr. Arrington, 34, holds an operator's license in Minnesota.

Jeffrey A. Barbuto

    Mr. Barbuto, 38, holds an operator's license in New Hampshire.

Dain Covington

    Mr. Covington, 31, holds an operator's license in Virginia.

Tymekia L. Crawford

    Ms. Crawford, 26, holds an operator's license in Texas.

Brian J. Davlin

    Mr. Davlin, 50, holds a class A CDL in Nevada.

John Fazio

    Mr. Fazio, 37, holds a class A CDL in Ohio.

Alvin Grasty

    Mr. Grasty, 54, holds a class A CDL in Pennsylvania.

Derek Hawkins

    Mr. Hawkins, 37, holds an operator's license in New Hampshire.

Emil A. Iontchev

    Mr. Iontchev, 38, holds a class A CDL in Illinois.

Shane Kennedy

    Mr. Kennedy, 71, holds a class A CDL in Florida.

Lacey Mathis

    Ms. Mathis, 37, holds an operator's license in Tennessee.

Billy Joe McClain

    Mr. McClain, 53, holds a class A CDL in New York.

Danny W. McGowan

    Mr. McGowan, 42, holds a class A CDL in West Virginia.

Alan Mitchell

    Mr. Mitchell, 70, holds a class A CDL in New York.

Ronald Misner

    Mr. Misner, 57, holds a class A CDL in California.

Matthew Moore

    Mr. Moore, 34, holds a class A CDL in Texas.

Abdiwahab S. Olow

    Mr. Olow, 31, holds an operator's license in Minnesota.

Timothy Roberts

    Mr. Roberts, 29, holds an operator's license in Tennessee.

Gilbert L. Swagger, Jr.

    Mr. Swagger, 66, holds a class A CDL in Texas.

Teddy R. Tice

    Mr. Tice, 50, holds a class A CDL in New York.

Cameron Thomas

    Mr. Thomas, 33, holds an operator's license in Iowa.

Tyler Turner

    Mr. Turner, 52, holds an operator's license in Tennessee.

Jerry Ward

    Mr. Ward, 28, holds an operator's license in North Carolina.

Edward Wessels

    Mr. Wessels, 28, holds an operator's license in Missouri.

Joseph Williams

    Mr. Williams, 58, holds an operator's license in Maryland.

Thomas E. Wray

    Mr. Wray, 50, holds an operator's license in North Carolina.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), 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 under the DATES 
section of the notice.

    Issued on: October 4, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-22501 Filed 10-15-19; 8:45 am]
BILLING CODE 4910-EX-P

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