18924 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 

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. 

signature by the respondents and will be 

scanned and submitted electronically to 

the Refugee Processing Center (RPC) by 

the resettlement agencies for 

downloading into the Worldwide 

Refugee Admissions Processing System 

(WRAPS) for data entry and case 

processing. A signed paper copy of the 

AOR will remain with resettlement 

agencies. 

Dated: April 2, 2015. 

Simon Henshaw, 

Principal Deputy Assistant Secretary, Bureau 

of Population, Refugees and Migration, 

Department of State. 

[FR Doc. 2015–08127 Filed 4–7–15; 8:45 am] 

BILLING CODE 4710–33–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0124] 

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 51 

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 51 individuals an 

exemption from section 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 

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 

On February 14, 2014, FMCSA 

published a notice of receipt of 

exemption applications and requested 

public comment on 51 individuals. The 

comment period ended on March 17, 

2014. In response to the notice, FMCSA 

received one comment from Ann 

Sherman, who supports the idea of deaf 

drivers having the opportunity to get 

training and seek employment ‘‘like 

everyone else’’. FMCSA has determined 

that the following 51 applicants should 

be granted an exemption: 

D. Exemptions Granted 

Following individualized assessments 

of the exemption applications, FMCSA 

grants exemptions from 49 CFR 

391.41(b)(11) to 51 individuals. Under 

current FMCSA regulations, all of the 51 

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 51 applicants should 

be granted an exemption: 

Brooks Andresen 

Mr. Andresen, 34, holds a driver’s 

license in Utah. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 18925 

Alexey Belousov 

Mr. Belousov, 37, holds a driver’s 

license in Maryland. 

Richard Boggs 

Mr. Boggs, 37, holds a driver’s license 

in Ohio. 

Conley Bowling 

Mr. Bowling, 35, holds a driver’s 

license in Kentucky. 

Marquarius Boyd 

Mr. Boyd, 23, holds a driver’s license 

in Mississippi. 

Charles Breidenthal 

Mr. Breidenthal, 62, holds a driver’s 

license in California. 

Adam Brown 

Mr. Brown, 32, holds a driver’s 

license in Texas. 

Kwinton C. Carpenter 

Mr. Carpenter, 29, holds a driver’s 

license in Ohio. 

Ronald Dillon, Jr. 

Mr. Dillon, 49, holds a driver’s license 

in California. 

Clark Dobson 

Mr. Dobson, 50, holds a driver’s 

license in California. 

Louis Dominik 

Mr. Dominik, 54, holds a driver’s 

license in Texas. 

Kareem M. Douglas 

Mr. Douglas, 39, holds a driver’s 

license in Ohio. 

Craig Eberhart 

Mr. Eberhart, 43, holds a driver’s 

license in Pennsylvania. 

Anthony Farinacci 

Mr. Farinacci, 50, holds a driver’s 

license in Ohio. 

Timothy D. Finley 

Mr. Finley, 48, holds a driver’s license 

in California. 

Danny E. Fisk 

Mr. Fisk, 57, holds a driver’s license 

in Colorado. 

Christopher Fitzwater 

Mr. Fitzwater, 27, holds a driver’s 

license in Virginia. 

Kenneth Frilando 

Mr. Frilando, 46, holds a driver’s 

license in New York. 

Timothy Gallagher 

Mr. Gallagher, 51, holds a driver’s 

license in Pennsylvania. 

John R. Harper, Jr. 

Mr. Harper, 33, holds a driver’s 

license in Illinois. 

Kenneth E. Harris 

Mr. Harris, 39, holds a driver’s license 

in Missouri. 

Susan D. Helgerson 

Ms. Helgerson, 49, holds a driver’s 

license in Wisconsin. 

Kimberly Hicks 

Ms. Hicks, 47, holds a driver’s license 

in Illinois. 

Devon T. Hinds 

Mr. Hinds, 56, holds a driver’s license 

in Colorado. 

Ryan S. Howard 

Mr. Howard, 41, holds a driver’s 

license in New York. 

Gregory Ingram 

Mr. Ingram, 28, holds a driver’s 

license in North Carolina. 

Bernard LaFayette 

Mr. LaFayette, 59, holds a driver’s 

license in California. 

Christopher Lucki 

Mr. Lucki, 32, holds a driver’s license 

in Illinois. 

Joshua Matlow 

Mr. Matlow, 34, holds a driver’s 

license in Texas. 

Kathy Mazique 

Ms. Mazique, 31, holds a driver’s 

license in Illinois. 

David W. McCoy 

Mr. McCoy, 63, holds a driver’s 

license in California. 

Clair Mitcham 

Ms. Mitcham, 56, holds a driver’s 

license Texas. 

Jeffrey S. Moore 

Mr. Moore, 35, holds a driver’s license 

in Pennsylvania. 

Christopher Morgan 

Mr. Morgan, 25, holds a driver’s 

license in Massachusetts. 

Quinton Murphy 

Mr. Murphy, 32, holds a driver’s 

license in Wisconsin. 

William Noble 

Mr. Noble, 63, holds a driver’s license 

in New York. 

Veniamin Panteleimonov 

Mr. Panteleimonov, 34, holds a 

driver’s license in California. 

Kelly Pulvermacher 

Mr. Pulvermacher, 27, holds a driver’s 

license in Wisconsin. 

Jeremy Reams 

Mr. Reams, 37, holds a driver’s 

license in Kentucky. 

Victor M. Robinson 

Mr. Robinson, 31, holds a driver’s 

license in Louisiana. 

Darrin A. Rutley 

Mr. Rutley, 32, holds a driver’s 

license in New York. 

Samuel Sherman 

Mr. Sherman, 36, holds a driver’s 

license in Minnesota. 

Andrey Shevchenko 

Mr. Shevchenko, 22, holds a driver’s 

license in Minnesota. 

Ronald K. Smith, Jr. 

Mr. Smith, 33, holds a driver’s license 

in Texas. 

Willine D. Smith 

Ms. Smith, 52, holds a Class B 

commercial driver’s license (CDL) in 

Florida. 

William Templeton 

Mr. Templeton, 44, holds a driver’s 

license in Georgia. 

Timothy A. Terpak 

Mr. Terpak, 28, holds a driver’s 

license in Pennsylvania. 

Jeremy L. Thrush 

Mr. Thrush, 27, holds a driver’s 

license in Pennsylvania. 

Carlos A. Torres 

Mr. Torres, 30, holds a driver’s license 

in Florida. 

John K. Turner, III 

Mr. Turner, 49, holds a driver’s 

license in Colorado. 

Chad Weaver 

Mr. Weaver, 32, holds a driver’s 

license in Georgia. 

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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES