80_FR_22843 80 FR 22765 - Qualification of Drivers; Application for Exemptions; Hearing

80 FR 22765 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 78 (April 23, 2015)

Page Range22765-22766
FR Document2015-09457

FMCSA announces its decision to grant requests from 4 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 property-carrying 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.

Federal Register, Volume 80 Issue 78 (Thursday, April 23, 2015)
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22765-22766]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09457]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0126]


Qualification of Drivers; Application for Exemptions; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant requests from 4 
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 property-carrying 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 23, 2015. The exemptions 
expire on April 24, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Office of Carrier, Driver and Vehicle Safety, (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., 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: www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to 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 4 individuals an exemption from Sec.  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.
---------------------------------------------------------------------------

    \1\ Commercial 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.
---------------------------------------------------------------------------

C. Comments

    On April 2, 2014, FMCSA published a notice of receipt of exemption 
applications and requested public comment on 4 individuals. The comment 
period ended on May 2, 2014. In response to the notice, FMCSA received 
two comments, one from Deb Letney and a late submission received May 5, 
from Kristine Thatcher.
    Deb Letney acknowledges that crash data does not support an 
increased crash risk for hearing impaired drivers and that Oregon 
allows hearing impaired drivers to operate in intrastate commerce. 
However, she expresses concerns for ``the driver's ability to recognize 
activation of warning devices and to communicate with law enforcement 
or emergency workers.'' She recommends granting conditional exemptions 
requiring visual warning indicators and alternate forms of 
communication.

[[Page 22766]]

    Kristine Thatcher questions whether a hearing impaired driver is 
``as safe or safer in the operation of a CMV than those who are not 
hearing-impaired,'' and expresses concerns about recognizing 
``mechanical wear or failure'' such as air leaks, pressure changes, 
worn brakes, or a hazard warning such as a horn, that are usually 
recognized through sound. She expresses concern for the hearing 
impaired driver's inability to communicate in an emergency situation, 
``especially if passengers or hazardous materials are involved.'' 
Kristine Thatcher believes that during a skills test ``an examiner's 
ability to safely conduct a road test is compromised'' due to the 
distraction of alternate forms of communication. She doesn't believe 
that using flash cards during a skills test is appropriate because 
instruction ``cannot be condensed to one or two word flash cards'' and 
that ``CMV road test standards will be compromised.'' She believes that 
restrictions should be imposed to include class B only, no air brakes, 
automatic transmission only and no hazardous materials, no double/
triple endorsements and no motor coach with passengers.
    FMCSA Response: The Agency acknowledges these comments and concerns 
regarding testing and the public safety risk of a driver unable to 
verbally communicate and to hear warning signals or horns. However, 
because FMCSA's 2008 Evidence Report and previous research studies have 
not shown a higher safety risk for hearing impaired drivers, there is 
no basis for restrictions other than the current restriction of no 
operation of motorcoach or bus with passengers. Hearing impaired 
drivers routinely compensate for their lack of hearing through other 
senses. The concerns regarding testing can be overcome by using 
alternate forms of communication such as hand gestures, flash cards, 
pen/paper, dry erase board or by using electronic devices.

D. Exemptions Granted

    Following individualized assessments of the exemption applications, 
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 4 individuals. 
Under current FMCSA regulations, the 4 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 4 
applicants should be granted an exemption:

Rodney Braden

    Mr. Braden, 48, holds an operator's license in Kentucky.

Arthur Brown

    Mr. Brown, 47, holds an operator's license in Kentucky.

Anthony Castile, III

    Mr. Castile, 45, holds an operator's license in Pennsylvania.

Michael Steggs

    Mr. Steggs, 54, holds a Class A commercial driver's license (CDL) 
in 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 4 individuals based on an evaluation of each driver's 
safety experience. Safety analysis of information relating to these 4 
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. 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 4 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Rodney Braden 
(KY); Arthur Brown (KY); Anthony Castile, III (PA); and Michael Steggs 
(TX).

    Issued on: April 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-09457 Filed 4-22-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices                                                   22765

                                                  contractors and grantees seeking                        FOR FURTHER INFORMATION CONTACT:                      operate property-carrying CMVs in
                                                  funding from the Department of State to                 Charles A. Horan, III, Director, Office of            interstate commerce for a 2-year period.
                                                  mitigate the risk that such funds might                 Carrier, Driver and Vehicle Safety, (202)             The Agency’s decision on these
                                                  benefit entities or individuals who                     366–4001, fmcsamedical@dot.gov,                       exemption applications is based on the
                                                  present a national security risk. To                    FMCSA, Department of Transportation,                  current medical literature and
                                                  conduct this vetting program the                        1200 New Jersey Avenue SE., Room                      information and the ‘‘Executive
                                                  Department collects information from                    W64–224, Washington, DC 20590–0001.                   Summary on Hearing, Vestibular
                                                  contractors, subcontractors, grantees                   Office hours are 8:30 a.m. to 5 p.m., e.t.,           Function and Commercial Motor
                                                  and sub-grantees regarding their                        Monday through Friday, except Federal                 Driving Safety’’ (the 2008 Evidence
                                                  directors, officers and/or key employees                holidays.                                             Report) presented to FMCSA on August
                                                  through mail, fax or electronic                         SUPPLEMENTARY INFORMATION:                            26, 2008. The evidence report reached
                                                  submission. The information collected                                                                         two conclusions regarding the matter of
                                                  is compared to information gathered                     A. Electronic Access                                  hearing loss and CMV driver safety: (1)
                                                  from commercial, public, and U.S.                          You may see all the comments online                No studies that examined the
                                                  government databases to determine the                   through the Federal Document                          relationship between hearing loss and
                                                  risk that the applying organization,                    Management System (FDMS) at:                          crash risk exclusively among CMV
                                                  entity or individual might use                          www.regulations.gov.                                  drivers were identified; and (2) evidence
                                                  Department funds or programs in a way                      Docket: For access to the docket to                from studies of the private driver license
                                                  that presents a threat to national                      read background documents or                          holder population does not support the
                                                  security. This program will continue as                 comments, go to www.regulations.gov                   contention that individuals with hearing
                                                  a pilot program consistent with the                     and/or Room W12–140 on the ground                     impairment are at an increased risk for
                                                  Department of State, Foreign Operation,                 level of the West Building, 1200 New                  a crash. In addition, the Agency
                                                  and Related Programs Appropriations                     Jersey Avenue SE., Washington, DC,                    reviewed each applicant’s driving
                                                  Act, 2015 (Div. J, Pub. L. 113–235).                    between 9 a.m. and 5 p.m., e.t., Monday               record found in the CDLIS,1 for CDL
                                                                                                          through Friday, except Federal holidays.              holders, and inspections recorded in
                                                    Dated: April 16, 2015.
                                                                                                             Privacy Act: In accordance with 5                  MCMIS.2 For non-CDL holders, the
                                                  Catherine I. Ebert-Gray,
                                                                                                          U.S.C. 553(c), DOT solicits comments                  Agency reviewed the driving records
                                                  Deputy Assistant Secretary, Bureau of                   from the public to better inform its                  from the State licensing agency. Each
                                                  Administration, Department of State.
                                                                                                          rulemaking process. DOT posts these                   applicant’s record demonstrated a safe
                                                  [FR Doc. 2015–09493 Filed 4–22–15; 8:45 am]             comments, without edit, including any                 driving history. The Agency believes the
                                                  BILLING CODE 4710–24–P                                  personal information the commenter                    drivers covered by the exemptions do
                                                                                                          provides, to www.regulations.gov, as                  not pose a risk to public safety.
                                                                                                          described in the system of records
                                                  DEPARTMENT OF TRANSPORTATION                                                                                  C. Comments
                                                                                                          notice (DOT/ALL–14 FDMS), which can
                                                                                                          be reviewed at www.dot.gov/privacy.                     On April 2, 2014, FMCSA published
                                                  Federal Motor Carrier Safety                                                                                  a notice of receipt of exemption
                                                  Administration                                          B. Background                                         applications and requested public
                                                  [Docket No. FMCSA–2013–0126]                               Under 49 U.S.C. 31136(e) and 31315,                comment on 4 individuals. The
                                                                                                          FMCSA may grant an exemption from                     comment period ended on May 2, 2014.
                                                  Qualification of Drivers; Application for               the safety regulations for a 2-year period            In response to the notice, FMCSA
                                                  Exemptions; Hearing                                     if it finds ‘‘such exemption would likely             received two comments, one from Deb
                                                                                                          achieve a level of safety that is                     Letney and a late submission received
                                                  AGENCY: Federal Motor Carrier Safety
                                                                                                          equivalent to or greater than the level               May 5, from Kristine Thatcher.
                                                  Administration (FMCSA), DOT.                                                                                    Deb Letney acknowledges that crash
                                                                                                          that would be achieved absent such
                                                  ACTION: Notice of final disposition.                    exemption.’’ The statute also allows the              data does not support an increased
                                                  SUMMARY:   FMCSA announces its                          Agency to renew exemptions at the end                 crash risk for hearing impaired drivers
                                                  decision to grant requests from 4                       of the 2-year period. The current                     and that Oregon allows hearing
                                                  individuals for exemptions from the                     provisions of the FMCSRs concerning                   impaired drivers to operate in intrastate
                                                  Agency’s physical qualifications                        hearing state that a person is physically             commerce. However, she expresses
                                                  standard concerning hearing for                         qualified to drive a CMV if that person:              concerns for ‘‘the driver’s ability to
                                                  interstate drivers. The current regulation                First perceives a forced whispered voice in         recognize activation of warning devices
                                                  prohibits hearing impaired individuals                  the better ear at not less than 5 feet with or        and to communicate with law
                                                  from operating CMVs in interstate                       without the use of a hearing aid or, if tested        enforcement or emergency workers.’’
                                                  commerce. After notice and opportunity                  by use of an audiometric device, does not             She recommends granting conditional
                                                                                                          have an average hearing loss in the better ear        exemptions requiring visual warning
                                                  for public comment, the Agency
                                                                                                          greater than 40 decibels at 500 Hz, 1,000 Hz,         indicators and alternate forms of
                                                  concluded that granting exemptions for                  and 2,000 Hz with or without a hearing aid
                                                  these drivers to operate property-                                                                            communication.
                                                                                                          when the audiometric device is calibrated to
                                                  carrying CMVs will provide a level of                   American National Standard (formerly ASA                 1 Commercial Driver License Information System
                                                  safety that is equivalent to or greater                 Standard) Z24.5—1951.                                 (CDLIS) is an information system that allows the
                                                  than the level of safety maintained                     49 CFR 391.41(b)(11). This standard was               exchange of commercial driver licensing
                                                  without the exemptions. The                                                                                   information among all the States. CDLIS includes
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                                                                                                          adopted in 1970, with a revision in 1971              the databases of 51 licensing jurisdictions and the
                                                  exemptions are valid for a 2-year period                to allow drivers to be qualified under                CDLIS Central Site, all connected by a
                                                  and may be renewed, and the                             this standard while wearing a hearing                 telecommunications network.
                                                  exemptions preempt State laws and                       aid, 35 FR 6458, 6463 (April 22, 1970)                   2 Motor Carrier Management Information System
                                                  regulations.                                            and 36 FR 12857 (July 3, 1971).                       (MCMIS) is an information system that captures
                                                                                                                                                                data from field offices through SAFETYNET,
                                                  DATES: The exemptions are effective                       FMCSA grants 4 individuals an                       CAPRI, and other sources. It is a source for FMCSA
                                                  April 23, 2015. The exemptions expire                   exemption from § 391.41(b)(11)                        inspection, crash, compliance review, safety audit,
                                                  on April 24, 2017.                                      concerning hearing to enable them to                  and registration data.



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                                                  22766                         Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

                                                     Kristine Thatcher questions whether a                Rodney Braden                                           FMCSA exempts the following 4
                                                  hearing impaired driver is ‘‘as safe or                                                                       drivers for a period of 2 years from the
                                                                                                             Mr. Braden, 48, holds an operator’s
                                                  safer in the operation of a CMV than                                                                          physical qualification standard
                                                                                                          license in Kentucky.
                                                  those who are not hearing-impaired,’’                                                                         concerning hearing: Rodney Braden
                                                  and expresses concerns about                            Arthur Brown                                          (KY); Arthur Brown (KY); Anthony
                                                  recognizing ‘‘mechanical wear or                           Mr. Brown, 47, holds an operator’s                 Castile, III (PA); and Michael Steggs
                                                  failure’’ such as air leaks, pressure                   license in Kentucky.                                  (TX).
                                                  changes, worn brakes, or a hazard                                                                               Issued on: April 17, 2015.
                                                  warning such as a horn, that are usually                Anthony Castile, III
                                                                                                                                                                Larry W. Minor,
                                                  recognized through sound. She                              Mr. Castile, 45, holds an operator’s               Associate Administrator for Policy.
                                                  expresses concern for the hearing                       license in Pennsylvania.                              [FR Doc. 2015–09457 Filed 4–22–15; 8:45 am]
                                                  impaired driver’s inability to
                                                  communicate in an emergency situation,                  Michael Steggs                                        BILLING CODE 4910–EX–P

                                                  ‘‘especially if passengers or hazardous                   Mr. Steggs, 54, holds a Class A
                                                  materials are involved.’’ Kristine                      commercial driver’s license (CDL) in                  DEPARTMENT OF TRANSPORTATION
                                                  Thatcher believes that during a skills                  Texas.
                                                  test ‘‘an examiner’s ability to safely                                                                        Federal Motor Carrier Safety
                                                  conduct a road test is compromised’’                    E. Basis for Exemption
                                                                                                                                                                Administration
                                                  due to the distraction of alternate forms                 Under 49 U.S.C. 31136(e) and 31315,
                                                  of communication. She doesn’t believe                   FMCSA may grant an exemption from                     [Docket No. FMCSA–2013–0125]
                                                  that using flash cards during a skills test             the hearing standard in 49 CFR
                                                  is appropriate because instruction                      391.41(b)(11) if the exemption is likely              Qualification of Drivers; Application for
                                                  ‘‘cannot be condensed to one or two                     to achieve an equivalent or greater level             Exemptions; Hearing
                                                  word flash cards’’ and that ‘‘CMV road                  of safety than would be achieved                      AGENCY: Federal Motor Carrier Safety
                                                  test standards will be compromised.’’                   without the exemption. With the                       Administration (FMCSA), DOT.
                                                  She believes that restrictions should be                exemption, applicants can drive in
                                                                                                                                                                ACTION: Notice of final disposition.
                                                  imposed to include class B only, no air                 interstate commerce. Thus, the Agency’s
                                                  brakes, automatic transmission only and                 analysis focuses on whether an equal or               SUMMARY:   FMCSA announces its
                                                  no hazardous materials, no double/                      greater level of safety is likely to be               decision to grant requests from 10
                                                  triple endorsements and no motor coach                  achieved by permitting each of these                  individuals for exemptions from the
                                                  with passengers.                                        drivers to drive in interstate commerce               Agency’s physical qualifications
                                                     FMCSA Response: The Agency                           as opposed to restricting him or her to               standard concerning hearing for
                                                  acknowledges these comments and                         driving in intrastate commerce. The                   interstate drivers. The current regulation
                                                  concerns regarding testing and the                      driver must comply with the terms and                 prohibits hearing impaired individuals
                                                  public safety risk of a driver unable to                conditions of the exemption. This                     from operating CMVs in interstate
                                                  verbally communicate and to hear                        includes reporting any crashes or                     commerce. After notice and opportunity
                                                  warning signals or horns. However,                      accidents as defined in 49 CFR 390.5                  for public comment, the Agency
                                                  because FMCSA’s 2008 Evidence Report                    and reporting all citations and                       concluded that granting exemptions for
                                                  and previous research studies have not                  convictions for disqualifying offenses                these drivers to operate property-
                                                                                                          under 49 CFR part 383 and 49 CFR 391.                 carrying CMVs will provide a level of
                                                  shown a higher safety risk for hearing
                                                  impaired drivers, there is no basis for                 Conclusion                                            safety that is equivalent to or greater
                                                  restrictions other than the current                                                                           than the level of safety maintained
                                                                                                            The Agency is granting exemptions                   without the exemptions. The
                                                  restriction of no operation of
                                                                                                          from the hearing standard, 49 CFR                     exemptions are valid for a 2-year period
                                                  motorcoach or bus with passengers.
                                                                                                          391.41(b)(11), to 4 individuals based on              and may be renewed, and the
                                                  Hearing impaired drivers routinely                      an evaluation of each driver’s safety
                                                  compensate for their lack of hearing                                                                          exemptions preempt State laws and
                                                                                                          experience. Safety analysis of                        regulations.
                                                  through other senses. The concerns                      information relating to these 4
                                                  regarding testing can be overcome by                    applicants meets the burden of showing                DATES:  The exemptions are effective
                                                  using alternate forms of communication                  that granting the exemptions would                    April 23, 2015. The exemptions expire
                                                  such as hand gestures, flash cards, pen/                achieve a level of safety that is                     on April 24, 2017.
                                                  paper, dry erase board or by using                      equivalent to or greater than the level               FOR FURTHER INFORMATION CONTACT:
                                                  electronic devices.                                     that would be achieved without the                    Charles A. Horan, III, Director, Office of
                                                  D. Exemptions Granted                                   exemption. In accordance with 49                      Carrier, Driver and Vehicle Safety, (202)
                                                                                                          U.S.C. 31315, each exemption will be                  366–4001, fmcsamedical@dot.gov,
                                                    Following individualized assessments                  valid for 2 years from the effective date             FMCSA, Department of Transportation,
                                                  of the exemption applications, FMCSA                    with annual recertification required                  1200 New Jersey Avenue SE., Room
                                                  grants exemptions from 49 CFR                           unless revoked earlier by FMCSA. The                  W64–224, Washington, DC 20590–0001.
                                                  391.41(b)(11) to 4 individuals. Under                   exemption will be revoked if the                      Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  current FMCSA regulations, the 4                        following occurs: (1) The person fails to             Monday through Friday, except Federal
                                                                                                                                                                holidays.
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                                                  drivers receiving exemptions from 49                    comply with the terms and conditions
                                                  CFR 391.41(b)(11) would have been                       of the exemption; (2) the exemption has               SUPPLEMENTARY INFORMATION:
                                                  considered physically qualified to drive                resulted in a lower level of safety than
                                                  a CMV in interstate commerce except                     was maintained prior to being granted;                A. Electronic Access
                                                  that they do not meet the hearing                       or (3) continuation of the exemption                    You may see all the comments online
                                                  requirement. FMCSA has determined                       would not be consistent with the goals                through the Federal Document
                                                  that the following 4 applicants should                  and objectives of 49 U.S.C. 31136 and                 Management System (FDMS) at:
                                                  be granted an exemption:                                31315.                                                www.regulations.gov.


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Document Created: 2015-12-16 08:41:45
Document Modified: 2015-12-16 08:41:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions are effective April 23, 2015. The exemptions expire on April 24, 2017.
ContactCharles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (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., e.t., Monday through Friday, except Federal holidays.
FR Citation80 FR 22765 

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