18926 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 

drivers to drive in interstate commerce 

as opposed to restricting him or her to 

driving in intrastate commerce. The 

driver must comply with the terms and 

conditions of the exemption. This 

includes reporting any crashes or 

accidents as defined in 49 CFR 390.5 

and reporting all citations and 

convictions for disqualifying offenses 

under 49 CFR part 383 and 49 CFR 391. 

Conclusion 

The Agency is granting exemptions 

from the hearing standard, 49 CFR 

391.41(b)(11), to 51 individuals based 

on a thorough evaluation of each 

driver’s safety experience. Safety 

analysis of information relating to these 

51 applicants meets the burden of 

showing that granting the exemptions 

would achieve a level of safety that is 

equivalent to or greater than the level 

that would be achieved without the 

exemption. By granting the exemptions, 

the CMV industry will gain 51 

additional CMV drivers. In accordance 

with 49 U.S.C. 31315, each exemption 

will be valid for 2 years from the 

effective date with annual recertification 

required 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. 

FMCSA exempts the following 51 

drivers for a period of 2 years from the 

physical qualification standard 

concerning hearing: Brooks Andresen 

(UT); Alexey Belousov (MD); Richard 

Boggs (OH); Conley Bowling (KY); 

Marquarius Boyd (MS); Charles 

Breidenthal (CA); Adam Brown (TX); 

Kwinton Carpenter (OH); Ronald Dillon, 

Jr. (CA); Clark Dobson (CA); Louis 

Dominik (TX); Kareem M. Douglas (OH); 

Craig Eberhart (PA); Anthony Farinacci 

(OH); Timothy D. Finley (CA); Danny E. 

Fisk (CO); Christopher Fitzwater (VA); 

Kenneth Frilando (NY); Timothy 

Gallagher (PA); John R. Harper, Jr. (IL); 

Kenneth E. Harris (MO); Susan D. 

Helgerson (WI); Kimberly Hicks (IL); 

Devon T. Hinds (CO); Ryan S. Howard 

(NY); Gregory Ingram (NC); Bernard 

LaFayette (CA); Christopher Lucki (IL); 

Joshua Matlow (TX); Kathy Mazique 

(IL); David W. McCoy (CA); Clair 

Mitcham (TX); Jeffrey S. Moore (PA); 

Christopher Morgan (MA); Quinton 

Murphy (WI); William Noble (NY); 

Veniamin Panteleimonov (CA); Kelly 

Pulvermacher (WI); Jeremy Reams (KY); 

Victor M. Robinson (LA); Darrin A. 

Rutley (NY); Samuel Sherman (MN); 

Andrey Shevchenko (MN); Ronald K. 

Smith, Jr. (TX); Willine D. Smith (FL); 

William Templeton (GA); Timothy A. 

Terpak (PA); Jeremy L. Thrush (PA); 

Carlos A. Torres (FL); John K. Turner, III 

(CO); and Chad Weaver (GA). 

Issued on: April 2, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–08052 Filed 4–7–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0121; FMCSA– 

2013–0122; FMCSA–2013–0123] 

Qualification of Drivers; Application for 

Exemptions; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to grant requests from 39 

individuals for exemptions from the 

Agency’s physical qualifications 

standard concerning hearing for 

interstate drivers. The current regulation 

prohibits hearing impaired individuals 

from operating CMVs in interstate 

commerce. After notice and opportunity 

for public comment, the Agency 

concluded that granting exemptions for 

these drivers to operate propertycarrying CMVs will provide a level of 

safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions. The 

exemptions are valid for a 2-year period 

and may be renewed, and the 

exemptions preempt State laws and 

regulations. 

DATES: The exemptions are effective 

April 8, 2015. The exemptions expire on 

April 10, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Office of 

Carrier, Driver and Vehicle Safety, (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. 

SUPPLEMENTARY INFORMATION: 

A. 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 www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

B. Background 

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

FMCSA may grant an exemption from 

the safety regulations for a 2-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 2-year period. The current 

provisions of the FMCSRs concerning 

hearing state 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. 

49 CFR 391.41(b)(11). This standard 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). 

FMCSA grants 39 individuals an 

exemption from § 391.41(b)(11) 

concerning hearing to enable them to 

operate property-carrying CMVs in 

interstate commerce for a 2-year period. 

The Agency’s decision on these 

exemption applications is based on the 

current medical literature and 

information and the ‘‘Executive 

Summary on Hearing, Vestibular 

Function and Commercial Motor 

Driving Safety’’ (the 2008 Evidence 

Report) presented to FMCSA on August 

26, 2008. 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 


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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 18927 

1Commercial Driver License Information System 

(CDLIS) is an information system that allows the 

exchange of commercial driver licensing 

information among all the States. CDLIS includes 

the databases of 51 licensing jurisdictions and the 

CDLIS Central Site, all connected by a 

telecommunications network. 

2 Motor Carrier Management Information System 

(MCMIS) is an information system that captures 

data from field offices through SAFETYNET, 

CAPRI, and other sources. It is a source for FMCSA 

inspection, crash, compliance review, safety audit, 

and registration data. 

drivers were identified; and (2) evidence 

from studies of the private driver 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 CDLIS,1 for CDL 

holders, and inspections recorded in 

MCMIS.2 For non-CDL holders, the 

Agency reviewed the driving records 

from the State licensing agency. Each 

applicant’s record demonstrated a safe 

driving history. The Agency believes the 

drivers covered by the exemptions do 

not pose a risk to public safety. 

C. Comments 

FMCSA announced the exemption 

applications and requested public 

comment for each of the applicants in 

one of the notices below. For those 

applicants discussed in a previous 

notice but who are not mentioned in 

this notice, the Agency announced its 

decision in a previous notice. 

Docket # FMCSA–2013–0121 

On May 3, 2013, FMCSA published a 

notice of receipt of exemption 

applications and requested public 

comment on 9 individuals. The 

comment period ended on June 3, 2013. 

In response to the notice, FMCSA 

received three comments. All three 

commenters support the idea of granting 

exemptions. 

Docket # FMCSA–2013–0122 

On May 6, 2013, FMCSA published a 

notice of receipt of exemption 

applications and requested public 

comment on 16 individuals. The 

comment period ended on June 5, 2013. 

In response to the notice, FMCSA 

received four comments. All four 

commenters support the idea of granting 

exemptions. 

Docket # FMCSA–2013–0123 

On July 16, 2013, FMCSA published 

a notice of receipt of exemption 

applications and requested public 

comment on 27 individuals. The 

comment period ended on August 15, 

2013. In response to the notice, FMCSA 

received seven comments. All seven 

commenters support the idea of granting 

exemptions. 

D. Exemptions Granted 

Following individualized assessments 

of the exemption applications, FMCSA 

grants exemptions from 49 CFR 

391.41(b)(11) to 39 individuals. Under 

current FMCSA regulations, all of the 39 

drivers receiving exemptions from 49 

CFR 391.41(b)(11) would have been 

considered physically qualified to drive 

a CMV in interstate commerce except 

that they do not meet the hearing 

requirement. FMCSA has determined 

that the following 39 applicants should 

be granted an exemption: 

Andrew Alcozer 

Mr. Alcozer, 30, holds an operator’s 

license from Illinois. 

James Allen 

Mr. Allen, 47, holds an operator’s 

license from Vermont. 

Michael Beebe 

Mr. Beebe, 51, holds an operator’s 

license from New Jersey. 

Shayne Bumbalough 

Mr. Bumbalough, 41, holds an 

operator’s license from Washington. 

Barry Carpenter 

Mr. Carpenter, 57, holds an operator’s 

license from South Dakota. 

Gregorio Cerino-Perez 

Mr. Cerino-Perez, 36, holds an 

operator’s license from Virginia. 

Charles Cofield 

Mr. Cofield, 37, holds an operator’s 

license from Mississippi. 

Chase Cook 

Mr. Cook, 31, holds an operator’s 

license from Virginia. 

Barry Crisman 

Mr. Crisman, 53, holds an operator’s 

license from California. 

Michael Desarmeaux 

Mr. Desarmeaux, 53, holds an 

operator’s license from Ohio. 

Robert Douglas 

Mr. Douglas, 47, holds an operator’s 

license from California. 

William Faulk 

Mr. Faulk, 33, holds an operator’s 

license from Alabama. 

Michael Fuller 

Mr. Fuller, 30, holds an operator’s 

license from North Carolina. 

Daniel Grossinger 

Mr. Grossinger, 27, holds an 

operator’s license from Maryland. 

Gregory Hill 

Mr. Hill, 38, holds an operator’s 

license from Mississippi. 

Kyle Hornung 

Mr. Hornung, 25, holds an operator’s 

license from Wisconsin. 

Ronald Jardine 

Mr. Jardine, 60, holds an operator’s 

license from New Jersey. 

Michael Jenkins 

Mr. Jenkins, 33, holds an operator’s 

license from Virginia. 

Roman Landa 

Mr. Landa, 37, holds an operator’s 

license from California. 

Bryan Macfarlane 

Mr. Macfarlane, 33, holds an 

operator’s license from Vermont. 

Aminder Malhi 

Mr. Malhi, 25, holds an operator’s 

license from California. 

Mark Martin 

Mr. Martin, 60, holds an operator’s 

license from Michigan. 

Joshua Moothart 

Mr. Moothart, 36, holds an operator’s 

license from Oregon. 

Robert Munson 

Mr. Munson, 63, holds an operator’s 

license from New Jersey. 

Jayson Lawson 

Mr. Lawson, 39, holds an operator’s 

license from Arkansas. 

Albert Nicholson 

Mr. Nicholson, 43, holds an operator’s 

license from New Mexico. 

Darren Nordquist 

Mr. Nordquist, 46, holds an operator’s 

license from Wisconsin. 

Edwin Oakes II 

Mr. Oakes, 44, holds an operator’s 

license from New York. 

Jeffrey Pagenkopf 

Mr. Pagenkopf, 30, holds an operator’s 

license from Minnesota. 

Jacob Paullin 

Mr. Paullin, 38, holds an operator’s 

license from Wisconsin. 

Ryan Pope 

Mr. Pope, 37, holds an operator’s 

license from California. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
18928 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 

Thomas Potterfield 

Mr. Potterfield, 31, holds an 

operator’s license from South Carolina. 

Thomas Prickett 

Mr. Prickett, 45, holds an operator’s 

license from Minnesota. 

Fernando Ramirez-Savon 

Mr. Ramirez-Savon, 45, holds a class 

A commercial driver’s license from New 

Mexico. 

Ralph Reno 

Mr. Reno, 43, holds an operator’s 

license from Pennsylvania. 

Ronald Rutter 

Mr. Rutter, 50, holds an operator’s 

license from Arizona. 

Russell Smith 

Mr. Smith, 44, holds an operator’s 

license from Ohio. 

James Weir 

Mr. Weir, 41, holds an operator’s 

license from Washington. 

Billy White 

Mr. White, 42, holds an operator’s 

license from Texas. 

E. Basis For Exemption 

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

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. With the 

exemption, applicants can drive in 

interstate commerce. Thus, the Agency’s 

analysis focuses 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 

driver must comply with the terms and 

conditions of the exemption. This 

includes reporting any crashes or 

accidents as defined in 49 CFR 390.5 

and reporting all citations and 

convictions for disqualifying offenses 

under 49 CFR part 383 and 49 CFR 391. 

Conclusion 

The Agency is granting exemptions 

from the hearing standard, 49 CFR 

391.41(b)(11), to 39 individuals based 

on an evaluation of each driver’s safety 

experience. Safety analysis of 

information relating to these 39 

applicants meets the burden of showing 

that granting the exemptions would 

achieve a level of safety that is 

equivalent to or greater than the level 

that would be achieved without the 

exemption. By granting the exemptions, 

the CMV industry will gain 39 

additional CMV drivers. In accordance 

with 49 U.S.C. 31315, each exemption 

will be valid for 2 years from the 

effective date with annual recertification 

required 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. 

FMCSA exempts the following 39 

drivers for a period of 2 years from the 

physical qualification standard 

concerning hearing: Andrew Alcozer 

(IL); James Allen (VT); Michael Beebe 

(NJ); Shayne Bumbalough (WA); Barry 

Carpenter (SD); Gregorio Cerino-Perez 

(VA); Charles Cofield (MS); Chase Cook 

(VA); Barry Crisman (CA); Michael 

Desarmeaux (OH); Robert Douglas (CA); 

William Faulk (AL); Michael Fuller 

(NC); Daniel Grossinger (MD); Gregory 

Hill (MS); Kyle Hornung (WI); Ronald 

Jardine (NJ); Michael Jenkins (VA); 

Roman Landa (CA); Bryan Macfarlane 

(VT); Aminder Malhi (CA); Mark Martin 

(MI); Joshua Moothart (OR); Robert 

Munson (NJ); Jayson Lawson (AR); 

Albert Nicholson (NM); Darren 

Nordquist (WI); Edwin Oakes II (NY); 

Jeffrey Pagenkopf (MN); Jacob Paullin 

(WI); Ryan Pope (CA); Thomas 

Potterfield (SC); Thomas Prickett (MN); 

Fernando Ramirez-Savon (NM); Ralph 

Reno (PA); Ronald Rutter (AZ); Russell 

Smith (OH); James Weir (WA); and Billy 

White (TX). 

Dated: April 2, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–08062 Filed 4–7–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2015–0057] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation. 

ACTION: Notice of applications for 

exemptions request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 49 individuals for 

exemption from the prohibition against 

persons with insulin-treated diabetes 

mellitus (ITDM) operating commercial 

motor vehicles (CMVs) in interstate 

commerce. If granted, the exemptions 

would enable these individuals with 

ITDM to operate CMVs in interstate 

commerce. 

DATES: Comments must be received on 

or before May 8, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2015–0057 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line 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., Monday 

through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket numbers for this notice. Note 

that all comments received will be 

posted without change to http://

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., Monday through 

Friday, except Federal holidays. The 

Federal Docket Management System 

(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 on-line. 

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. 


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