80 FR 22772 - 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 Range		22772-22773
FR Document		2015-09453

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 individuals who do not meet the standard from operating CMVs in interstate commerce. After notice and opportunity for public comment, the Agency concluded that granting exemptions for these CMV drivers 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 peiod 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 22772-22773]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09453]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2012-0332]


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 individuals who do not meet the standard from 
operating CMVs in interstate commerce. After notice and opportunity for 
public comment, the Agency concluded that granting exemptions for these 
CMV drivers 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 peiod 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 the regulatory 
requirement in Sec.  391.41(b)(11) allowing individuals who do not meet 
the hearing requirements to operate 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 the 
applicant's driving record found in the CDLIS,\1\ for CDL holders, and 
interstate and intrastate inspections recorded in MCMIS.\2\ The Agency 
acknowledges there could be potential consequences of a driver being 
hearing impaired and/or deaf while operating a CMV under some 
scenarios. However, the Agency believes the drivers covered by the 
exemptions do not pose a risk to public safety.
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    \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.
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C. Comments

    FMCSA announced the exemption applications and requested public 
comment for each of the applicants in the notices below. For those 
applicants discussed in a previous notice but who are not mentioned in 
this notice, the Agency has announced its decision in a previous 
notice.

Docket # FMCSA-2012-0154

    On May 25, 2012, FMCSA published a notice of receipt of exemption 
applications and requested public comment on 45 individuals. The 
comment period ended on July 30, 2012. This application was in response 
to a request from the National Association of the Deaf (NAD). In 
response to this notice, FMCSA received 570 comments and granted 40 
exemptions. The 570 comments were addressed in the Agency's notice 
published on February 1, 2013 (78 FR 7479).

Docket # FMCSA-2012-0332

    On July 16, 2013, FMCSA published a notice of receipt of exemption 
applications and requested public comment on 9 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 4 individuals. 
Under current FMCSA regulations, all of the 4 drivers receiving 
exemptions from 49 CFR 391.41(b)(11) would have been

[[Page 22773]]

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.

Donald Lynch

    Mr. Lynch, 38, holds a driver's license from the state of Florida.

Zachary Rietz

    Mr. Rietz, 32, holds a driver's license from the state of Texas.

Bryon Smith

    Mr. Smith, 28, holds a driver's license from the state of 
Louisiana.

Billy J. Warnock

    Mr. Warnock, 43, holds a driver's license from the state of 
Indiana.

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 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 40 CFR part 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. By granting the 
exemptions, the CMV industry will gain 4 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 4 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Donald Lynch 
(FL); Zachary Rietz (TX); Byron Smith (LA); and Billy J. Warnock (IN).

    Issued on: April 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-09453 Filed 4-22-15; 8:45 am]
 BILLING CODE 4910-EX-P

22772 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

6. How would FMCSA verify that the Jersey Avenue SE., Washington, DC, a crash. In addition, the Agency
voluntary technologies or safety between 9 a.m. and 5 p.m., e.t., Monday reviewed the applicant’s driving record
programs were being implemented? through Friday, except Federal holidays. found in the CDLIS,1 for CDL holders,
Issued on: April 17, 2015. Privacy Act: In accordance with 5 and interstate and intrastate inspections
U.S.C. 553(c), DOT solicits comments recorded in MCMIS.2 The Agency
T.F. Scott Darling, III,
from the public to better inform its acknowledges there could be potential
Chief Counsel.
rulemaking process. DOT posts these consequences of a driver being hearing
[FR Doc. 2015–09463 Filed 4–22–15; 8:45 am] comments, without edit, including any impaired and/or deaf while operating a
BILLING CODE 4910–EX–P personal information the commenter CMV under some scenarios. However,
provides, to www.regulations.gov, as the Agency believes the drivers covered
described in the system of records by the exemptions do not pose a risk to
DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can public safety.
Federal Motor Carrier Safety be reviewed at www.dot.gov/privacy.
C. Comments
Administration B. Background
FMCSA announced the exemption
[Docket No. FMCSA–2012–0154; FMCSA– Under 49 U.S.C. 31136(e) and 31315, applications and requested public
2012–0332] FMCSA may grant an exemption from comment for each of the applicants in
the safety regulations for a 2-year period the notices below. For those applicants
Qualification of Drivers; Application for if it finds ‘‘such exemption would likely discussed in a previous notice but who
Exemptions; Hearing achieve a level of safety that is are not mentioned in this notice, the
AGENCY: Federal Motor Carrier Safety equivalent to or greater than the level Agency has announced its decision in a
Administration (FMCSA), DOT. that would be achieved absent such previous notice.
ACTION: Notice of final disposition.
exemption.’’ The statute also allows the
Agency to renew exemptions at the end Docket # FMCSA–2012–0154
SUMMARY: FMCSA announces its of the 2-year period. The current On May 25, 2012, FMCSA published
decision to grant requests from 4 provisions of the FMCSRs concerning a notice of receipt of exemption
individuals for exemptions from the hearing state that a person is physically applications and requested public
Agency’s physical qualifications qualified to drive a CMV if that person: comment on 45 individuals. The
standard concerning hearing for First perceives a forced whispered voice in comment period ended on July 30, 2012.
interstate drivers. The current regulation the better ear at not less than 5 feet with or This application was in response to a
prohibits individuals who do not meet without the use of a hearing aid or, if tested request from the National Association of
the standard from operating CMVs in by use of an audiometric device, does not the Deaf (NAD). In response to this
interstate commerce. After notice and have an average hearing loss in the better ear notice, FMCSA received 570 comments
opportunity for public comment, the greater than 40 decibels at 500 Hz, 1,000 Hz, and granted 40 exemptions. The 570
and 2,000 Hz with or without a hearing aid
Agency concluded that granting when the audiometric device is calibrated to comments were addressed in the
exemptions for these CMV drivers will American National Standard (formerly ASA Agency’s notice published on February
provide a level of safety that is Standard) Z24.5—1951. 1, 2013 (78 FR 7479).
equivalent to or greater than the level of
49 CFR 391.41(b)(11). This standard was Docket # FMCSA–2012–0332
safety maintained without the
adopted in 1970, with a revision in 1971 On July 16, 2013, FMCSA published
exemptions. The exemptions are valid
to allow drivers to be qualified under a notice of receipt of exemption
for a 2-year peiod and may be renewed,
this standard while wearing a hearing applications and requested public
and the exemptions preempt State laws
aid, 35 FR 6458, 6463 (April 22, 1970) comment on 9 individuals. The
and regulations.
and 36 FR 12857 (July 3, 1971). comment period ended on August 15,
DATES: The exemptions are effective FMCSA grants 4 individuals an
April 23, 2015. The exemptions expire 2013. In response to the notice, FMCSA
exemption from the regulatory
on April 24, 2017. received seven comments. All seven
requirement in § 391.41(b)(11) allowing
commenters support the idea of granting
FOR FURTHER INFORMATION CONTACT: individuals who do not meet the
exemptions.
Charles A. Horan, III, Director, Office of hearing requirements to operate CMVs
Carrier, Driver and Vehicle Safety, (202) in interstate commerce for a 2-year D. Exemptions Granted
366–4001, fmcsamedical@dot.gov, period. The Agency’s decision on these Following individualized assessments
FMCSA, Department of Transportation, exemption applications is based on the of the exemption applications, FMCSA
1200 New Jersey Avenue SE., Room current medical literature and grants exemptions from 49 CFR
W64–224, Washington, DC 20590–0001. information and the ‘‘Executive 391.41(b)(11) to 4 individuals. Under
Office hours are 8:30 a.m. to 5 p.m., e.t., Summary on Hearing, Vestibular current FMCSA regulations, all of the 4
Monday through Friday, except Federal Function and Commercial Motor drivers receiving exemptions from 49
holidays. Driving Safety’’ (the 2008 Evidence CFR 391.41(b)(11) would have been
SUPPLEMENTARY INFORMATION: Report) presented to FMCSA on August
26, 2008. The evidence report reached 1 Commercial Driver License Information System
A. Electronic Access two conclusions regarding the matter of (CDLIS) is an information system that allows the
You may see all the comments online hearing loss and CMV driver safety: (1) exchange of commercial driver licensing
information among all the States. CDLIS includes
mstockstill on DSK4VPTVN1PROD with NOTICES

through the Federal Document No studies that examined the
the databases of 51 licensing jurisdictions and the
Management System (FDMS) at: relationship between hearing loss and CDLIS Central Site, all connected by a
www.regulations.gov. crash risk exclusively among CMV telecommunications network.
Docket: For access to the docket to drivers were identified; and (2) evidence 2 Motor Carrier Management Information System

read background documents or from studies of the private driver license (MCMIS) is an information system that captures
data from field offices through SAFETYNET,
comments, go to www.regulations.gov holder population does not support the CAPRI, and other sources. It is a source for FMCSA
and/or Room W12–140 on the ground contention that individuals with hearing inspection, crash, compliance review, safety audit,
level of the West Building, 1200 New impairment are at an increased risk for and registration data.

VerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1

Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices 22773

considered physically qualified to drive with annual recertification required • Mail: Docket Management Facility;
a CMV in interstate commerce except unless revoked earlier by FMCSA. The U.S. Department of Transportation, 1200
that they do not meet the hearing exemption will be revoked if the New Jersey Avenue SE., West Building
requirement. FMCSA has determined following occurs: (1) The person fails to Ground Floor, Room W12–140,
that the following applicants should be comply with the terms and conditions Washington, DC 20590–0001.
granted an exemption. of the exemption; (2) the exemption has • Hand Delivery: West Building
resulted in a lower level of safety than Ground Floor, Room W12–140, 1200
Donald Lynch
was maintained prior to being granted; New Jersey Avenue SE., Washington,
Mr. Lynch, 38, holds a driver’s license or (3) continuation of the exemption DC, between 9 a.m. and 5 p.m., Monday
from the state of Florida. would not be consistent with the goals through Friday, except Federal
Zachary Rietz and objectives of 49 U.S.C. 31136 and Holidays.
31315. • Fax: 1–202–493–2251.
Mr. Rietz, 32, holds a driver’s license FMCSA exempts the following 4 Instructions: Each submission must
from the state of Texas. drivers for a period of 2 years from the include the Agency name and the
Bryon Smith physical qualification standard docket numbers for this notice. Note
concerning hearing: Donald Lynch (FL); that all comments received will be
Mr. Smith, 28, holds a driver’s license Zachary Rietz (TX); Byron Smith (LA); posted without change to http://
from the state of Louisiana. and Billy J. Warnock (IN). www.regulations.gov, including any
Billy J. Warnock Issued on: April 17, 2015. personal information provided. Please
Larry W. Minor,
see the Privacy Act heading below for
Mr. Warnock, 43, holds a driver’s
further information.
license from the state of Indiana. Associate Administrator for Policy.
Docket: For access to the docket to
[FR Doc. 2015–09453 Filed 4–22–15; 8:45 am]
E. Basis for Exemption read background documents or
BILLING CODE 4910–EX–P comments, go to http://
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from www.regulations.gov at any time or
the hearing standard in 49 CFR Room W12–140 on the ground level of
DEPARTMENT OF TRANSPORTATION
391.41(b)(11) if the exemption is likely the West Building, 1200 New Jersey
to achieve an equivalent or greater level Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9
of safety than would be achieved Administration a.m. and 5 p.m., Monday through
without the exemption. With the Friday, except Federal holidays. The
[Docket No. FMCSA–2014–0305] FDMS is available 24 hours each day,
exemption, applicants can drive in
interstate commerce. Thus, the Agency’s 365 days each year. If you want
Qualification of Drivers; Exemption acknowledgment that we received your
analysis focuses on whether an equal or Applications; Vision
greater level of safety is likely to be comments, please include a self-
achieved by permitting each of these AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
drivers to drive in interstate commerce Administration (FMCSA), DOT. postcard or print the acknowledgement
as opposed to restricting him or her to ACTION: Notice of applications for page that appears after submitting
driving in intrastate commerce. Based exemptions, request for comments. comments on-line.
on its review of each driver’s record, the Privacy Act: In accordance with 5
Agency has concluded that allowing SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments
these applicants to drive in interstate applications from 35 individuals for from the public to better inform its
commerce will achieve an equal level of exemption from the vision requirement rulemaking process. DOT posts these
safety. Each driver must comply with in the Federal Motor Carrier Safety comments, without edit, including any
the terms and conditions of the Regulations. They are unable to meet personal information the commenter
exemption. This includes reporting any the vision requirement in one eye for provides, to www.regulations.gov, as
crashes or accidents as defined in 49 various reasons. The exemptions will described in the system of records
CFR 390.5 and reporting all citations enable these individuals to operate notice (DOT/ALL–14 FDMS), which can
and convictions for disqualifying commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy.
offenses under 49 CFR part 383 and 40 interstate commerce without meeting FOR FURTHER INFORMATION CONTACT:
CFR part 391. the prescribed vision requirement in Charles A. Horan, III, Director, Carrier,
one eye. If granted, the exemptions Driver and Vehicle Safety Standards,
Conclusion would enable these individuals to (202) 366–4001, fmcsamedical@dot.gov,
The Agency is granting exemptions qualify as drivers of commercial motor FMCSA, Department of Transportation,
from the hearing standard, 49 CFR vehicles (CMVs) in interstate commerce. 1200 New Jersey Avenue, SE., Room
391.41(b)(11), to 4 individuals based on DATES: Comments must be received on W64–224, Washington, DC 20590–0001.
an evaluation of each driver’s safety or before May 26, 2015. All comments Office hours are from 8:30 a.m. to 5
experience. Safety analysis of will be investigated by FMCSA. The p.m., Monday through Friday, except
information relating to these 4 exemptions will be issued the day after Federal holidays. If you have questions
applicants meets the burden of showing the comment period closes. regarding viewing or submitting
that granting the exemptions would ADDRESSES: You may submit comments material to the docket, contact Docket
Services, telephone (202) 366–9826.
mstockstill on DSK4VPTVN1PROD with NOTICES

achieve a level of safety that is bearing the Federal Docket Management
equivalent to or greater than the level System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION:
that would be achieved without the 2014–0305 using any of the following
exemption. By granting the exemptions, methods: I. Background
the CMV industry will gain 4 additional • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315,
CMV drivers. In accordance with 49 http://www.regulations.gov. Follow the FMCSA may grant an exemption from
U.S.C. 31315, each exemption will be on-line instructions for submitting the Federal Motor Carrier Safety
valid for 2 years from the effective date comments. Regulations for a 2-year period if it finds

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Document Created: 2015-12-16 08:41:47
Document Modified: 2015-12-16 08:41:47

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 22772

80 FR 22772 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration