Qualification of Drivers; Exemption Applications; Hearing

Qualification of Drivers; Exemption Applications; Hearing

Qualification of Drivers; Exemption Applications; Hearing

Larry W. Minor
Federal Motor Carrier Safety Administration
6 September 2019

[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 47048-47050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19255]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0109]

Qualification of Drivers; Exemption Applications; Hearing

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

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

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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 October 7, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0109 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2019-0109. 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, 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,

[[Page 47049]]

Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, (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-2019-0109), 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 http://www.regulations.gov/docket?D=FMCSA-2019-0109. 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 http://www.regulations.gov/docket?D=FMCSA-2019-0109 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.
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

Erin Barnes

Ms. Barnes, 28 years-old, holds an operator's license in Oklahoma.

Alicia Batiste

Ms. Batiste, 36 years-old, holds an operator's license in Texas.

Jeremy Benoit

Mr. Benoit, 32 years-old, holds an operator's license in Lousiana.

Kurt Bernabei

Mr. Bernabei, 21 years-old, holds an operator's license in
Illinois.

Jessica L. Driver

Ms. Driver, 39 years-old, holds an operator's license in Texas.

Donald P. Dunten

Mr. Dunten, 54 years-old, holds an operator's license in Indiana.

Steven Edwards

Mr. Edwards, 64 years-old, holds an operator's license in Kansas.

Debbie Gaskill

Ms. Gaskill, 50 years-old, holds an operator's license in Georgia.

Steven J. Gandee

Mr. Gandee, 46 years-old, holds an operator's license in
Pennsylvania.

Daniel S. Geathers

Mr. Geathers, 32 years-old, holds an operator's license in
Virginia.

Gregory A. Hale

Mr. Hale, 59 years-old, holds an operator's license in Arizona.

Richard Harrison

Mr. Harrison, 50 years-old, holds an operator's license in
Missouri.

Charles Hine

Mr. Hine, 29 years-old, holds an operator's license in Maryland.

Robert B. Mahan

Mr. Mahan, 57 years-old, holds a class A CDL in Oklahoma.

Michael Penn

Mr. Penn, 55 years-old, holds an operator's license in Indiana.

Ernest Pratt

Mr. Pratt, 47 years-old, holds an operator's license in
Pennsylvania.

James R. Quinn

Mr. Quinn, 37 years-old, holds an operator's license in Tennessee.

[[Page 47050]]

Matthew Ramirez

Mr. Ramirez, 36 years-old, holds an operator's license in South
Carolina.

Steven Robelia

Mr. Robelia, 55 years-old, holds a class A CDL in Wisconsin.

Timothy Roberts

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

Willis O. Ryan

Mr. Ryan, 53 years-old, holds a class A CDL in Georgia.

Kerry Stewart

Mr. Stewart, 54 years-old, holds an operator's license in Indiana.

Mark J. Tabangcora

Mr. Tabangcora, 37 years-old, holds an operator's license in
California.

Yenter Tu

Mr. Tu, 46 years-old, holds an operator's license in Texas.

Alan Vandermeulen

Mr. Vandermeulen, 89 years-old, holds a class A CDL in Iowa.

Yvon Victor

Mr. Victor, 42 years-old, holds a class A CDL in New Jersey.

Bret E. Wanner

Mr. Wanner, 30 years-old, holds an operator's license in
Pennsylvania.

Rodney Warfield

Mr. Warfield, 33 years-old, holds an operator's license in
Maryland.

David Whisman

Mr. Whisman, 57 years-old, holds a class A CDL in Georgia.

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: August 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-19255 Filed 9-5-19; 8:45 am]
BILLING CODE 4910-EX-P