Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34649 

take immediate steps to revoke the 

exemption of a driver. 

III. Basis for Renewing Exemptions 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each of the 15 applicants has 

satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement. The 15 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 June 17, 2018, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following 2 individuals have 

satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Tanya Bland, (MD); and Joseph 

Woodle (AL) 

The drivers were included in docket 

number FMCSA–2015–0326. Their 

exemptions are applicable as of June 17, 

2018, and will expire on June 17, 2020. 

As of June 24, 2018, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following 4 individuals have 

satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Paul Aseka (FL) 

John Dumars (FL) 

Michael McCarthy (MN) 

Fernando Velasquez (TX) 

The drivers were included in docket 

number FMCSA–2015–0328. Their 

exemptions are applicable as of June 24, 

2018, and will expire on June 24, 2020. 

As of June 25, 2018, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, Daniel Tricolici (MA) has 

satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers. 

This driver was included in docket 

number FMCSA–2015–0327. The 

exemption is applicable as of June 25, 

2018, and will expire on June 25, 2020. 

As of June 27, 2018, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following 4 individuals have 

satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers. 

Glenn Ferguson (TX) 

Anthony Panto (NJ) 

Wayne Turner (IL) 

Robert Wilson (TN) 

The drivers were included in docket 

number FMCSA–2015–0329. Their 

exemptions are applicable as of June 27, 

2018, and will expire on June 27, 2020. 

As of June 29, 2018, and accordance 

with U.S.C. 31136(e) and 31315, the 

following 4 individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the hearing requirement 

in the FMCSRs for interstate CMV 

drivers. 

Andrew Dueschle (TX) 

Alfredo Ramirez (TX) 

Julie Ramirez (TX) 

Hayden Teesdale (TX) 

The drivers were included in docket 

number FMCSA–2014–0102. Their 

exemptions are applicable June 29, 

2018, and will expire on June 29, 2020. 

IV. 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(e) and 

31315. 

V. 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. 

VI. Conclusion 

Based upon its evaluation of the 19 

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: July 12, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15546 Filed 7–19–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0061] 

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 30 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 August 20, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2017–0061 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 

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., e.t., 

Monday through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) for this notice. Note 

that all comments received will be 

posted without change to http:// 


daltland on DSKBBV9HB2PROD with NOTICES
34650 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., e.t., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

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., e.t., 

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. 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 twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The 30 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 

30 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. 

II. Qualifications of Applicants 

Matthew Albrecht 

Mr. Albrecht, age 51, holds a class A 

CDL in Pennsylvania. 

Kenji Batchelor 

Mr. Batchelor, age 40, holds an 

operator’s license in North Carolina. 

Richard W. Blaine 

Mr. Blaine, age 36, holds an operator’s 

license in Pennsylvania. 

Jeffrey D. Clark 

Mr. Clark, age 51, holds an operator’s 

license in Connecticut. 

Donald M. Craig 

Mr. Craig, age 41, holds an operator’s 

license in Ohio. 

William Entwistle 

Mr. Entwistle, age 65, holds an 

operator’s license in New Jersey. 

Donald Garber 

Mr. Garber, age 28, holds an 

operator’s license in Ohio. 

Chris Guidry 

Mr. Guidry, age 39, holds an 

operator’s license in Louisiana. 

Matthew Hamill 

Mr. Hamill, age 42, holds an 

operator’s license in New York. 

Austin Hernandez 

Mr. Hernandez, age 36, holds an 

operator’s license in Texas. 

Robert T. Hilber 

Mr. Hilber, age 34, holds an operator’s 

license in Texas. 

Scott E. Holmes 

Mr. Holmes, age 46, holds an 

operator’s license in Iowa. 

Roderick Lemoine 

Mr. Lemoine, age 52, holds an 

operator’s license in Louisiana. 

Gordon McAllister 

Mr. McAllister, age 66, holds an 

operator’s license in South Carolina. 

Gabriel L. McKelvey 

Mr. McKelvey, age 35, holds an 

operator’s license in South Carolina. 

Ervin Mitchell 

Mr. Mitchell, age 39, holds a class A 

CDL in Texas. 

Gary T. Nagel 

Mr. Nagel, age 60, holds an operator’s 

license in Minnesota. 

Albert Pizana 

Mr. Pizana, age 47, holds an 

operator’s license in California. 

Christopher Poole 

Mr. Poole, age 41, holds on operator’s 

license in Ohio. 

Ricardo O. Porras Payan 

Mr. Porras Payan, age 36, holds an 

operator’s license in Texas. 

Charles L. Perkins Jr. 

Mr. Perkins, age 31, holds an 

operator’s license in Louisiana. 

James R. Quinn 

Mr. Quinn, age 36, holds an operator’s 

license in Tennessee. 

William J. Richards 

Mr. Richards, age 33, holds an 

operator’s license in Ohio. 

Enos Smith, Jr 

Mr. Smith, age 45, holds an operator’s 

license in Pennsylvania. 


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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34651 

Khaoe K. Smith 

Mr. Smith, age 42, holds a class A 

CDL in Georgia. 

Ronell Smith 

Mr. Smith, age 47, holds an operator’s 

license in California. 

Brandon Soto 

Mr. Soto, age 33, holds an operator’s 

license in Missouri. 

Bryan Soto 

Mr. Soto, age 29, holds an operator’s 

license in Indiana. 

Brett E. Wanner 

Mr. Wanner, age 29, holds an 

operator’s license in Pennsylvania. 

Michael C. Wilson 

Mr. Wilson, age 52, holds an 

operator’s license in Kentucky. 

III. 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. 

IV. Submitting Comments 

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 and in the 

search box insert the docket number 

FMCSA–2017–0061 and click the search 

button. When the new screen appears, 

click on the blue ‘‘Comment Now!’’ 

button on the right hand side of the 

page. On the new page, enter 

information required including the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. 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, selfaddressed postcard or envelope. 

We will consider all comments and 

materials received during the comment 

period. FMCSA may issue a final 

determination any time after the close of 

the comment period. 

V. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble, 

go to http://www.regulations.gov and in 

the search box insert the docket number 

FMCSA–2017–0061 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: July 13, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15575 Filed 7–19–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2018–0028] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 36 individuals from 

the prohibition in the Federal Motor 

Carrier Safety Regulations (FMCSRs) 

against persons with insulin-treated 

diabetes mellitus (ITDM) from operating 

a commercial motor vehicle (CMV) in 

interstate commerce. The exemptions 

enable these individuals with ITDM to 

operate CMVs in interstate commerce. 

DATES: The exemptions were applicable 

on June 29, 2018. The exemptions 

expire on June 29, 2020. 

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., e.t., 

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. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/or Room 

W12–140 on the ground level of the 

West Building, 1200 New Jersey Avenue 

SE, Washington, DC, between 9 a.m. and 

5 p.m., e.t., Monday through Friday, 

except Federal holidays. 

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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

II. Background 

On May 29, 2018, FMCSA published 

a notice announcing receipt of 

applications from 36 individuals 

requesting an exemption from diabetes 

requirement in 49 CFR 391.41(b)(3) and 

requested comments from the public (83 

FR 24563). The public comment period 

ended on June 28, 2018, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting the exemptions to these 

individuals would achieve a level of 

safety equivalent to or greater than the 

level that would be achieved by 

complying with the current regulation 

49 CFR 391.41(b)(3). 

The physical qualification standard 

for drivers regarding diabetes found in 

49 CFR 391.41(b)(3) states that a person 

is physically qualified to drive a CMV 

if that person has no established 

medical history or clinical diagnosis of 

diabetes mellitus currently requiring 

insulin for control. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the diabetes standard in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

The Agency’s decision regarding these 

exemption applications is based on the 

program eligibility criteria and an 

individualized assessment of 

information submitted by each 

applicant. The qualifications, 

experience, and medical condition of 

each applicant were stated and 

discussed in detail in the May 29, 2018, 


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