[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45206-45208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18575]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0139]


 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 September 27, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0139 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://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

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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-2018-0139), 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, 
put the docket number, FMCSA-2018-0139, 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 http://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0139, 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 
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 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 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

David O. Barnett

    Mr. Barnett, age 53, holds an operator's license in Alabama.

Zachary Bruce-Hurst

    Mr. Bruce-Hurst, age 27, holds an operator's license in Florida

Azulita Jane Camacho

    Ms. Camacho, age 24, holds an operator's license in California.

Malcolm Collins

    Mr. Collins, age 77, holds a class A CDL in Missouri.

Wayne Crowl

    Mr. Crowl, age 53, holds a class A CDL in Indiana.

Robert Culp

    Mr. Culp, age 45, holds a class A CDL in Florida.

Charles Wesley Davis

    Mr. Davis, age 38, holds an operator's license from Alabama.

Christopher Fisher

    Mr.Fisher, age 47, holds a class A CDL in Washington.

Ariel Gonzalez

    Mr. Gonzalez, age 21, holds an operator's license in Rhode Island.

Adrian Jiminez

    Mr. Jiminez, age 26, holds an operator's license in California.

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Steven L. Johnson

    Mr. Johnson, age 70, holds an operator's license in Tennessee.

Virginia M. Kammerer

    Ms. Kammerer, age 55, holds an operator's license in New Jersey.

Keith C. Kenyon

    Mr. Kenyon, age 43, holds an operator's license in Wisconsin.

Richard Melikian

    Mr. Melikian, age 47, holds an operator's license in New York.

Paul J. Pitre

    Mr. Pitre, age 55, holds a class C CDL in Alabama.

Dion Prewitt

    Mr. Prewitt, age 44, holds an operator's license in Illinois.

John M. Price, Jr.

    Mr. Price, age 42, holds an operator's license in Texas.

Marcel James Rambin II

    Mr. Rabin, age 39, holds a class A CDL in Texas.

Aleksandr M. Riabinin

    Mr. Riabinin, age 25, holds an operator's license in Washington.

Satwinder Sandher

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

Dustin E. Selby

    Mr. Shelby, age 40, holds an operator's license in Ohio.

Kerry Stewart

    Mr. Stewart, age 54, holds an operator's license in Indiana.

Andrew Tessin

    Mr. Tessin, age 32, holds a class A CDL in North Carolina.

Corey N. Thompson

    Mr. Thompson, age 42, holds a class A CDL in Texas.

Aleksandr Turchin

    Mr. Turchin, age 52, holds an operator's license in Washington.

Daniel Turchin

    Mr. Turchin, age 21, holds an operator's license in Washington.

Gary Harrison Wallace

    Mr. Wallace, age 63, holds a class A CDL in North Carolina.

Honna Waymire

    Ms. Waymire, age 54, holds an operator's license in Ohio.

Charles Wozniak

    Mr. Wozniak, age 74, holds a class A CDL in New Jersey.

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: August 16, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-18575 Filed 8-27-19; 8:45 am]
 BILLING CODE 4910-EX-P