80 FR 22766 - Qualification of Drivers; Application for Exemptions; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 78 (April 23, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 78 (April 23, 2015)
| Page Range | 22766-22768 | |
| FR Document | 2015-09459 |
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)] [Notices] [Pages 22766-22768] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09459] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2013-0125] 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 10 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. [[Page 22767]] Docket: For access to the docket to read background documents or comments, go to 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 FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, 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 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 provision (49 CFR 391.41(b)(11)) 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. 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 10 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 December 5, 2013, FMCSA published a notice of receipt of exemption applications and requested public comment on 10 individuals (Docket number FMCSA-2013-0125). The comment period ended on January 2, 2014. In response to the notice, FMCSA received three comments. All three commenters support the idea of granting exemptions. One of the commenters included in this notice, James Gooch, stated that he has held a CDL for a long time and has experience driving locally. Andrew Mudgett identified many important aspects that should be considered before granting a hearing exemption such as moral, economic, safety, exemption options and terms. Instead of disallowing deaf or hearing impaired drivers to drive, he supports restrictions if necessary and ``as much leniency as possible'' be given applicants of hearing exemptions. Bobby B stated that drivers should be evaluated individually because safety is important and that operating in a restricted environment should be considered if necessary. FMCSA Response: FMCSA acknowledges that safety and a safe driving record are important factors to consider when granting hearing exemptions. All of the drivers in this notice hold CDLs and have demonstrated a safe driving history. FMCSA evaluates past driving history and violations to ensure an acceptable level of safety. The Agency acknowledges the necessity of restrictions in that the exemption restricts these applicants from operating a motorcoach or bus with passengers in interstate commerce. D. Exemptions Granted Following individualized assessments of the exemption applications, FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 10 individuals. Under current FMCSA regulations, all of the 10 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 applicants should be granted an exemption: Sascha Cotton Mr. Cotton, 40, holds a class A commercial driver's license (CDL) in Florida. Keith C. Drown Mr. Drown, 62, holds a class A commercial driver's license (CDL) in Idaho. Norman Estes Mr. Estes, 61, holds a class A commercial driver's license (CDL) in Alabama. David Garland Mr. Garland, 43, holds a class A commercial driver's license (CDL) in Maine. James Gooch Mr. Gooch, 54, holds a class A commercial driver's license (CDL) in Missouri. Harold Johnson Mr. Johnson, 62, holds a class A commercial driver's license (CDL) in Pennsylvania. Michael Paasch Mr. Paasch, 41, holds a class A commercial driver's license (CDL) in Nebraska. William Symonds Mr. Symonds, 56, holds a class B commercial driver's license (CDL) in Illinois. [[Page 22768]] Anthony Thong Mr. Thong, 31, holds a class A commercial driver's license (CDL) in California. Roger Allen Wright Mr. Wright, 62, holds a class A commercial driver's license (CDL) in Alabama. 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. Based on its review of each driver's record, the Agency has concluded that allowing these applicants to drive only a property-carrying CMV in interstate commerce will achieve an equal level of safety. Each 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 10 CDL holders based on an evaluation of each driver's safety experience. Safety analysis of information relating to these 10 applicants meets the burden of showing that granting the exemptions to allow them to operate only property-carrying CMVs in interstate commerce would achieve a level of safety that is equivalent to or greater than the level that would be achieved without the exemption. As a result of the exemptions, the CMV industry will gain 10 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 the exemption 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 10 drivers for a period of 2 years from the physical qualification standard concerning hearing: Sascha Cotton (FL); Keith C. Drown (ID); Norman Estes (AL); David Garland (ME); James Gooch (MO); Harold Johnson (PA); Michael Paasch (NE); William Symonds (IL); Anthony Thong (CA); and Roger Allen Wright (AL). Issued on: April 17, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-09459 Filed 4-22-15; 8:45 am] BILLING CODE 4910-EX-P
![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.
mstockstill on DSK4VPTVN1PROD with NOTICES
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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![22768 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices
Anthony Thong exemption would not be consistent with A. Electronic Access
Mr. Thong, 31, holds a class A the goals and objectives of 49 U.S.C. You may see all the comments online
commercial driver’s license (CDL) in 31136 and 31315. through the Federal Document
California. FMCSA exempts the following 10 Management System (FDMS) at:
drivers for a period of 2 years from the www.regulations.gov.
Roger Allen Wright physical qualification standard Docket: For access to the docket to
Mr. Wright, 62, holds a class A concerning hearing: Sascha Cotton (FL); read background documents or
commercial driver’s license (CDL) in Keith C. Drown (ID); Norman Estes (AL); comments, go to www.regulations.gov
Alabama. David Garland (ME); James Gooch (MO); and/or Room W12–140 on the ground
Harold Johnson (PA); Michael Paasch level of the West Building, 1200 New
E. Basis for Exemption (NE); William Symonds (IL); Anthony Jersey Avenue SE., Washington, DC,
Under 49 U.S.C. 31136(e) and 31315, Thong (CA); and Roger Allen Wright between 9 a.m. and 5 p.m., e.t., Monday
FMCSA may grant an exemption from (AL). through Friday, except Federal holidays.
the hearing standard in 49 CFR Issued on: April 17, 2015. Privacy Act: In accordance with 5
391.41(b)(11) if the exemption is likely U.S.C. 553(c), DOT solicits comments
Larry W. Minor,
to achieve an equivalent or greater level from the public to better inform its
of safety than would be achieved Associate Administrator for Policy.
rulemaking process. DOT posts these
without the exemption. With the [FR Doc. 2015–09459 Filed 4–22–15; 8:45 am]
comments, without edit, including any
exemption, applicants can drive in BILLING CODE 4910–EX–P
personal information the commenter
interstate commerce. Thus, the Agency’s provides, to www.regulations.gov, as
analysis focuses on whether an equal or described in the system of records
greater level of safety is likely to be DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can
achieved by permitting each of these be reviewed at www.dot.gov/privacy.
drivers to drive in interstate commerce Federal Motor Carrier Safety
as opposed to restricting him or her to Administration B. Background
driving in intrastate commerce. Based [Docket No. FMCSA–2014–0102] Under 49 U.S.C. 31136(e) and 31315,
on its review of each driver’s record, the FMCSA may grant an exemption from
Agency has concluded that allowing Qualification of Drivers; Application for the safety regulations for a 2-year period
these applicants to drive only a Exemptions; Hearing if it finds ‘‘such exemption would likely
property-carrying CMV in interstate achieve a level of safety that is
commerce will achieve an equal level of AGENCY: Federal Motor Carrier Safety equivalent to or greater than the level
safety. Each driver must comply with Administration (FMCSA), DOT. that would be achieved absent such
the terms and conditions of the ACTION: Notice of final disposition. exemption.’’ The statute also allows the
exemption. This includes reporting any Agency to renew exemptions at the end
crashes or accidents as defined in 49 SUMMARY: FMCSA announces its of the 2-year period. The current
CFR 390.5 and reporting all citations decision to grant requests from 17 provisions of the FMCSRs concerning
and convictions for disqualifying individuals for exemptions from the hearing state that a person is physically
offenses under 49 CFR part 383 and 49 Agency’s physical qualifications qualified to drive a CMV if that person:
CFR 391. standard concerning hearing for
interstate drivers. The current regulation First perceives a forced whispered voice in
Conclusion the better ear at not less than 5 feet with or
prohibits hearing impaired individuals without the use of a hearing aid or, if tested
The Agency is granting exemptions from operating CMVs in interstate by use of an audiometric device, does not
from the hearing standard, 49 CFR commerce. After notice and opportunity have an average hearing loss in the better ear
391.41(b)(11), to 10 CDL holders based for public comment, the Agency greater than 40 decibels at 500 Hz, 1,000 Hz,
on an evaluation of each driver’s safety concluded that granting exemptions for and 2,000 Hz with or without a hearing aid
experience. Safety analysis of these drivers to operate property- when the audiometric device is calibrated to
information relating to these 10 carrying CMVs will provide a level of American National Standard (formerly ASA
applicants meets the burden of showing Standard) Z24.5—1951.
safety that is equivalent to or greater
that granting the exemptions to allow than the level of safety maintained 49 CFR 391.41(b)(11). This standard was
them to operate only property-carrying without the exemptions. The adopted in 1970, with a revision in 1971
CMVs in interstate commerce would exemptions are valid for a 2-year period to allow drivers to be qualified under
achieve a level of safety that is and may be renewed, and the this standard while wearing a hearing
equivalent to or greater than the level exemptions preempt State laws and aid, 35 FR 6458, 6463 (April 22, 1970)
that would be achieved without the regulations. and 36 FR 12857 (July 3, 1971).
exemption. As a result of the FMCSA grants 17 individuals an
DATES: The exemptions are effective exemption from § 391.41(b)(11)
exemptions, the CMV industry will gain
April 23, 2015. The exemptions expire concerning hearing to enable them to
10 additional CMV drivers. In
on April 24, 2017. operate property-carrying CMVs in
accordance with 49 U.S.C. 31315, each
exemption will be valid for 2 years from FOR FURTHER INFORMATION CONTACT: interstate commerce for a 2-year period.
the effective date with annual Charles A. Horan, III, Director, Office of The Agency’s decision on these
recertification required unless revoked Carrier, Driver and Vehicle Safety, (202) exemption applications is based on the
366–4001, fmcsamedical@dot.gov,
mstockstill on DSK4VPTVN1PROD with NOTICES
earlier by FMCSA. The exemption will current medical literature and
be revoked if the following occurs: (1) FMCSA, Department of Transportation, information and the ‘‘Executive
The person fails to comply with the 1200 New Jersey Avenue SE., Room Summary on Hearing, Vestibular
terms and conditions of the exemption; W64–224, Washington, DC 20590–0001. Function and Commercial Motor
(2) the exemption has resulted in a Office hours are 8:30 a.m. to 5 p.m., e.t., Driving Safety’’ (the 2008 Evidence
lower level of safety than was Monday through Friday, except Federal Report) presented to FMCSA on August
maintained prior to the exemption being holidays. 26, 2008. The evidence report reached
granted; or (3) continuation of the SUPPLEMENTARY INFORMATION: two conclusions regarding the matter of
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Document Created: 2015-12-16 08:41:44
Document Modified: 2015-12-16 08:41:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions are effective April 23, 2015. The exemptions expire on April 24, 2017. | |
| 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. | |
| FR Citation | 80 FR 22766 |
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