Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40631 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not it is related to an episode of 

hypoglycemia; (3) each driver must 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the Medical 

Examiner at the time of the annual 

medical examination; and (4) each 

driver must provide a copy of the 

annual medical certification to the 

employer for retention in the driver’s 

qualification file, or keeping a copy in 

his/her driver’s qualification file if he/ 

she is self-employed. The driver must 

also have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

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 53 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Jason M. Abbott (OH) 

Casey L. Alt (CO) 

Joseph E. Beach (OH) 

Eli A. Berkowitz (NJ) 

Todd O. Blackwell (ID) 

Joel H. Blancett, Jr. (NM) 

Robert H. Blowers (OH) 

David R. Booth (CT) 

Travis W. Bradford (KY) 

Darrel L. Burke (SD) 

Bryan D. Cash (MI) 

Marty A. Collins (OK) 

Gino R. Couch (IN) 

James D. Denison (IA) 

David L. Derossett, Jr. (IN) 

John L. Enterkin (IN) 

William H. Ervin (NC) 

Scot A. Etgen (OH) 

Zachary D. Fairbanks (OH) 

Ward W. Genzel (MT) 

Kasey D. Green (CA) 

Justin A. Hamic (AL) 

Philip F. Headington (IA) 

Jason A. Hendrickson (WA) 

Bobby R. Isaacson (MN) 

John W. Johnson (FL) 

Douglas E. Kanesky, Jr. (AZ) 

William D. Kincaid, Jr. (MA) 

David W. Koch (PA) 

Christopher N. Lacy (WV) 

John G. Lopez (TX) 

David E. Marvin (IA) 

Bruce R. McDaniel (OK) 

Edward A. Oikemus, Jr. (MD) 

Tony L. Pennywell (FL) 

Blake T. Pinkston (IN) 

Dustin C. Riley (NY) 

Wes D. Rodrigue (NH) 

Jonathan C. Shultz (IA) 

Michael P. Scott (SC) 

Patrick E. Sevier (IA) 

Keith O. Shaw, Sr. (IL) 

Rosalie A. Silva (CA) 

James R. Sizemore (VA) 

David A. Stedford (CT) 

Geraldine St-Germain (NJ) 

Theodore F. Stuard II (IN) 

Richard J. Taylor (IL) 

Chris A. Voelker (IA) 

Benjamin B. Webb (NC) 

Donnie E. Winters (MS) 

Heath A. Woodiwiss (MN) 

Anthony K. Zelinsky (NJ) 

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

and 31315, each exemption will be valid 

for two years from the effective date 

unless revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (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 prior to being 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. 

Issued on: August 8, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17592 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0060] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 30 individuals from 

the hearing requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. The exemptions enable these 

hard of hearing and deaf individuals to 

operate CMVs in interstate commerce. 

DATES: The exemptions were applicable 

on June 30, 2018. The exemptions 

expire on June 30, 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 30 individuals 

requesting an exemption from the 

hearing requirement in 49 CFR 

391.41(b)(11) to operate a CMV in 

interstate commerce and requested 

comments from the public (83 FR 

24552). The public comment period 

ended on June 28, 2018, and one 

comment was received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting 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)(11). 

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 


daltland on DSKBBV9HB2PROD with NOTICES
40632 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

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). 

III. Discussion of Comments 

FMCSA received one comment in this 

proceeding. Vicky Johnson, of the 

Minnesota Department of Safety wrote 

that the Minnesota Department of Safety 

has no objections to Gary T. Nagel 

obtaining a hearing exemption. 

Basis for Exemption Determination 

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

31315(b), FMCSA may grant an 

exemption from the hearing standard in 

49 CFR 391.41(b)(11) 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 

current medical information and 

literature, and the 2008 Evidence 

Report, ‘‘Executive Summary on 

Hearing, Vestibular Function and 

Commercial Motor Driving Safety.’’ The 

evidence report reached two 

conclusions regarding the matter of 

hearing loss and CMV driver safety: (1) 

No studies that examined the 

relationship between hearing loss and 

crash risk exclusively among CMV 

drivers were identified; and (2) evidence 

from studies of the private driver’s 

license holder population does not 

support the contention that individuals 

with hearing impairment are at an 

increased risk for a crash. In addition, 

the Agency reviewed each applicant’s 

driving record found in the Commercial 

Driver’s License Information System 

(CDLIS), for commercial driver’s license 

(CDL) holders, and inspections recorded 

in the Motor Carrier Management 

Information System (MCMIS). For nonCDL holders, the Agency reviewed the 

driving records from the State Driver’s 

Licensing Agency (SDLA). Each 

applicant’s record demonstrated a safe 

driving history. Based on an individual 

assessment of each applicant that 

focused on whether an equal or greater 

level of safety is likely to be achieved by 

permitting each of these drivers to drive 

in interstate commerce as opposed to 

restricting him or her to driving in 

intrastate commerce, the Agency 

believes the drivers granted this 

exemption have demonstrated that they 

do not pose a risk to public safety. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the hearing standard in 49 CFR 

391.41(b)(11) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

IV. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must report any crashes or 

accidents as defined in 49 CFR 390.5; 

(2) each driver must report all citations 

and convictions for disqualifying 

offenses under 49 CFR part 383 and 49 

CFR 391 to FMCSA; and (3) each driver 

is 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. 

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 30 

exemption applications, FMCSA 

exempts the following drivers from the 

hearing standard, 49 CFR 391.41(b)(11), 

subject to the requirements cited above: 

Alan M. Bridgeford (NV) 

Mataio Brown (MS) 

Leroy Carter (OH) 

Robert M. Cates (NM) 

Rocky R. Chin (WA) 

Ralph E. Craig (IL) 

Cesar DeLeon (TX) 

Brody DiPasquale (MD) 

Edward J. Duhon (AL) 

Lyle Eash (OH) 

Richard R. Fisher (PA) 

Kinberly I. Foss (CA) 

Bradley Ledford (TN) 

Dustin McFadden (TX) 

Francisco M. Mendoza (CA) 

Jack W. Mitchell (TX) 

Eugene Mostepan (CA) 

Steven Moorehead (OH) 

Gary T. Nagel (MN) 

Marcel Paul (WA) 

Dexter E. Perez (WI) 

Connie Ralston (GA) 

Noble D. Reed (TX) 

Kurt Sanders (VA) 

David L. Schibilla (IL) 

Pamela Singleton (TX) 

Robert W. Slate (NM) 

Willine D. Smith (GA) 

Michael R. Tayman (ME) 

Jason R. Winemiller (IL) 

In accordance with 49 U.S.C. 31315, 

each exemption will be valid for two 

years from the effective date unless 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (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 prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136 and 

31315. 

Issued on: August 9, 2018 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17607 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0016] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from 110 

individuals who requested an 

exemption from the vision standard in 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a CMV 

in interstate commerce. 

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. 

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 


daltland on DSKBBV9HB2PROD with NOTICES