80 FR 57032 - Qualification of Drivers; Application for Exemptions; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 182 (September 21, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 182 (September 21, 2015)
| Page Range | 57032-57034 | |
| FR Document | 2015-23594 |
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)] [Notices] [Pages 57032-57034] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23594] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0103] 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 September 21, 2015. The exemptions expire on September 21, 2017. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: A. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: 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 [[Page 57033]] 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 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 July 17, 2014, FMCSA published a notice of receipt of exemption applications and requested public comment on 10 individuals (FR 79 41720; Docket number FMCSA-2014-16800). The comment period ended on August 18, 2014. There were no comments in response to this notice. 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 10 applicants should be granted an exemption: Kevin S. Beacham Mr. Beacham, 42, holds an operator's license in Maryland. Tyler R. Carter Mr. Carter, 23, holds an operator's license in Louisiana. Stephen K. Gensmer Mr. Gensmer, 29, holds an operator's license in Minnesota. Nathaniel W. Godfrey Mr. Godfrey, 41, holds an operator's license in Kentucky. Jared Y. Katakurd Mr. Katakurd, 40, holds an operator's license in Hawaii. Ervin E. Mitchell Mr. Mitchell, 36, holds a Class A commercial driver's license (CDL) in Alabama. Robert L. Parrish, Jr. Mr. Parrish, 50, holds an operator's license in California. Matthew B. Skelton Mr. Skelton, 36, holds a Class A commercial driver's license (CDL) in Texas. Charles A. Whitworth Mr. Whitworth, 45, holds a Class A commercial driver's license (CDL) in Louisiana. Jesse W. Shelander Mr. Shelander, 38, 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 10 individuals 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 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 10 drivers for a period of 2 years from the physical qualification standard [[Page 57034]] concerning hearing: Kevin S. Beacham (MD); Tyler R. Carter (LA); Stephen K. Gensmer (MN); Nathaniel W. Godfrey (KY); Jared Y. Katakurd (HI); Ervin E. Mitchell (AL); Robert L. Parrish, Jr. (CA); Matthew B. Skelton (TX); Charles A. Whitworth (LA); and Jesse W. Shelander (TX) Issued on: September 8, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-23594 Filed 9-18-15; 8:45 am] BILLING CODE 4910-EX-P
![57032 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices
The FMCSA has authority to regulate the carrier does not actually provide DEPARTMENT OF TRANSPORTATION
the overall commercial operations of the services.
household goods industry under 49 Federal Motor Carrier Safety
Title: Transportation of Household
U.S.C. 14104, ‘‘Household goods carrier Administration
Goods; Consumer Protection.
operations.’’ This ICR includes the [Docket No. FMCSA–2014–0103]
information collection requirements OMB Control Number: 2126–0025.
contained in title 49 CFR part 375, Type of Request: Extension of a Qualification of Drivers; Application for
‘‘Transportation of Household Goods in currently-approved information Exemptions; Hearing
Interstate Commerce; Consumer collection.
Protection Regulations.’’ The AGENCY: Federal Motor Carrier Safety
Respondents: Household goods Administration (FMCSA), DOT.
information collected encompasses that
which is generated, maintained, movers and consumers. ACTION: Notice of final disposition.
retained, disclosed, and provided to, or Estimated Number of Respondents:
for, the agency under 49 CFR part 375. 8,565 respondents [6,065 household SUMMARY: FMCSA announces its
Sections 4202 through 4216 of the goods movers + 2,500 consumers = decision to grant requests from 10
Safe, Accountable, Flexible, Efficient 8,565]. individuals for exemptions from the
Transportation Equity Act: A Legacy for Agency’s physical qualifications
Estimated Time per Response: Varies standard concerning hearing for
Users (Pub. L. 109–59, 119 Stat. 1144,
from 5 minutes to display assigned U.S. interstate drivers. The current regulation
Aug. 10, 2005) (SAFETEA–LU)
amended various provisions of existing DOT number in created advertisement prohibits hearing impaired individuals
law regarding household goods to 12.5 minutes to distribute consumer from operating CMVs in interstate
transportation. It specifically addressed: publication, and 10 minutes to complete commerce. After notice and opportunity
Definitions (section 4202); payment of Form MSCA–2P, ‘‘Household Goods/ for public comment, the Agency
rates (section 4203); registration Commercial Complaint Form. concluded that granting exemptions for
requirements for household goods motor Expiration Date: April 30, 2016. these drivers to operate property-
carriers (section 4204); carrier carrying CMVs will provide a level of
Frequency of Response: Other (Once).
operations (section 4205); enforcement safety that is equivalent to or greater
of regulations (section 4206); liability of Estimated Total Annual Burden: than the level of safety maintained
carriers under receipts and bills of 5,524,800 hours [Informational without the exemptions. The
lading (section 4207); arbitration documents provided to prospective exemptions are valid for a 2-year period
requirements (section 4208); civil shippers at 43,800 hours + Written Cost and may be renewed, and the
penalties for brokers and unauthorized estimates for prospective shippers at exemptions preempt State laws and
transportation (section 4209); penalties 4,620,000 hours + Service orders, bills regulations.
for holding goods hostage (section of lading at 805,300 hours + In-transit DATES: The exemptions are effective
4210); consumer handbook (section service notifications at 22,600 hours + September 21, 2015. The exemptions
4211); release of broker information Complaint and inquiry records expire on September 21, 2017.
(section 4212); working group for including establishing records system at FOR FURTHER INFORMATION CONTACT:
Federal-State relations (section 4213); 32,700 hours + Household Goods ¥
consumer complaint information Charles A. Horan, III, Director, Office of
Consumer Complaint Form MCSA–2P at Carrier, Driver and Vehicle Safety, (202)
(section 4214); review of liability of 400 hours = 5,524,800].
carriers (section 4215); and application 366–4001, fmcsamedical@dot.gov,
of State laws (section 4216). The Public Comments Invited: You are FMCSA, Department of Transportation,
FMCSA regulations that set forth asked to comment on any aspect of this 1200 New Jersey Avenue SE., Room
Federal requirements for movers that information collection, including: (1) W64–224, Washington, DC 20590–0001.
provide interstate transportation of Whether the proposed collection is Office hours are 8:30 a.m. to 5 p.m., e.t.,
household goods are found in 49 CFR necessary for the performance of Monday through Friday, except Federal
part 375, ‘‘Transportation of Household FMCSA’s functions; (2) the accuracy of holidays.
Goods; Consumer Protection the estimated burden; (3) ways for the SUPPLEMENTARY INFORMATION:
Regulation.’’ FMCSA to enhance the quality, A. Electronic Access
On July 16, 2012, FMCSA published usefulness, and clarity of the collected
a Direct Final Rule (DFR) titled, information; and (4) ways that the You may see all the comments online
‘‘Transportation of Household Goods in burden could be minimized without through the Federal Document
Interstate Commerce; Consumer Management System (FDMS) at:
reducing the quality of the information
Protection Regulations: Household www.regulations.gov.
collected. The Agency will summarize
Goods Motor Carrier Record Retention Docket: For access to the docket to
or include your comments in the request read background documents or
Requirements,’’ (77 FR 41699). The rule
for OMB’s clearance of this ICR. comments, go to www.regulations.gov
amended the regulations governing the
period during which HHG motor Issued under the authority of 49 CFR 1.87 and/or Room W12–140 on the ground
carriers must retain documentation of on: September 11, 2015. level of the West Building, 1200 New
an individual shipper’s waiver of G. Kelly Regal, Jersey Avenue SE., Washington, DC,
receipt of printed copies of consumer Associate Administrator for Office of between 9 a.m. and 5 p.m., e.t., Monday
protection materials. This change Research and Information Technology. through Friday, except Federal holidays.
rmajette on DSK7SPTVN1PROD with NOTICES
harmonized the retention period with [FR Doc. 2015–23589 Filed 9–18–15; 8:45 am]
Privacy Act: In accordance with 5
other document retention requirements U.S.C. 553(c), DOT solicits comments
BILLING CODE 4910–EX–P
applicable to HHG motor carriers. from the public to better inform its
FMCSA also amended the regulations to rulemaking process. DOT posts these
clarify that a HHG motor carrier is not comments, without edit, including any
required to retain waiver documentation personal information the commenter
from any individual shippers for whom provides, to www.regulations.gov, as
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![57034 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices
concerning hearing: Kevin S. Beacham 366–4001, or via email at for commercial driver’s license (CDL)
(MD); Tyler R. Carter (LA); Stephen K. fmcsamedical@dot.gov, or by letter to holders, and interstate and intrastate
Gensmer (MN); Nathaniel W. Godfrey FMCSA, Department of Transportation, inspections recorded in Motor Carrier
(KY); Jared Y. Katakurd (HI); Ervin E. 1200 New Jersey Avenue SE., Room Management Information System
Mitchell (AL); Robert L. Parrish, Jr. W64–224, Washington, DC 20590–0001. (MCMIS).2 For non-CDL holders, the
(CA); Matthew B. Skelton (TX); Charles Office hours are 8:30 a.m. to 5 p.m., Agency reviewed the driving records
A. Whitworth (LA); and Jesse W. Monday through Friday, except Federal from the State licensing agency. The
Shelander (TX) holidays. Agency acknowledges the potential
Issued on: September 8, 2015. SUPPLEMENTARY INFORMATION: consequences of a driver experiencing a
Larry W. Minor,
seizure while operating a CMV.
A. Electronic Access However, the Agency believes the
Associate Administrator for Policy.
You may see all the comments online drivers covered by the exemptions
[FR Doc. 2015–23594 Filed 9–18–15; 8:45 am]
through the Federal Document granted here have demonstrated that
BILLING CODE 4910–EX–P they are unlikely to have a seizure and
Management System (FDMS) at: http://
www.regulations.gov. their medical conditions do not pose a
Docket: For access to the docket to risk to public safety.
DEPARTMENT OF TRANSPORTATION In reaching the decision to grant these
read background documents or
Federal Motor Carrier Safety comments, go to www.regulations.gov exemption requests, the Agency
Administration and/or Room W12–140 on the ground considered both current medical
level of the West Building, 1200 New literature and information and the 2007
[Docket No. FMCSA–2014–0381] Jersey Avenue SE., Washington, DC, recommendations of the Agency’s
between 9 a.m. and 5 p.m., Monday Medical Expert Panel (MEP). The
Qualification of Drivers; Exemption Agency gathered evidence for potential
through Friday, except Federal holidays.
Applications; Epilepsy and Seizure Privacy Act: In accordance with 5 changes to the regulation previously at
Disorders U.S.C. 553(c), DOT solicits comments 49 CFR 391.41(b)(8) by conducting a
AGENCY: Federal Motor Carrier Safety from the public to better inform its comprehensive review of scientific
Administration (FMCSA), DOT. rulemaking process. DOT posts these literature that was compiled into the
ACTION: Notice of final disposition. comments, without edit, including any ‘‘Evidence Report on Seizure Disorders
personal information the commenter and Commercial Vehicle Driving’’
SUMMARY: FMCSA announces its provides, to www.regulations.gov, as (Evidence Report) [CD–ROM HD
decision to grant requests from 9 described in the system of records TL230.3 .E95 2007]. The Agency then
individuals for exemptions from the notice (DOT/ALL–14 FDMS), which can convened a panel of medical experts in
regulatory requirement that interstate be reviewed at www.dot.gov/privacy. the field of neurology (the MEP) on May
commercial motor vehicle (CMV) 14–15, 2007, to review 49 CFR
drivers have ‘‘no established medical B. Background 391.41(b)(8) and the advisory criteria
history or clinical diagnosis of epilepsy Under 49 U.S.C. 31136(e) and regarding individuals who have
or any other condition which is likely 31315(b), FMCSA may grant an experienced a seizure and the 2007
to cause loss of consciousness or any exemption from the safety regulations Evidence Report. The Evidence Report
loss of ability to control a CMV.’’ The for a 2-year period if it finds ‘‘such and the MEP recommendations are
regulation and the associated advisory exemption would likely achieve a level published on-line at http://
criteria published in the Code of Federal of safety that is equivalent to or greater www.fmcsa.dot.gov/regulations/
Regulations as the ‘‘Instructions for than the level that would be achieved medical/reports-how-medical-
Performing and Recording Physical absent such exemption.’’ The statute conditions-impact-driving, under
Examinations’’ have resulted in also allows the Agency to renew Seizure Disorders, and are in the docket
numerous drivers being prohibited from exemptions at the end of the 2-year for this notice.
operating CMVs in interstate commerce period.
MEP Criteria for Evaluation
based on the fact that they have had one FMCSA grants 9 individuals an
or more seizures and are taking anti- exemption from the regulatory On October 15, 2007, the MEP issued
seizure medication, rather than an requirement in § 391.41(b)(8), to allow the following recommended criteria for
individual analysis of their these individuals who take anti-seizure evaluating whether an individual with
circumstances by a qualified medical medication to operate CMVs in epilepsy or a seizure disorder should be
examiner. The Agency concluded that interstate commerce for a 2-year period. allowed to operate a CMV.3 The MEP
granting exemptions for these CMV The Agency’s decision on these recommendations are included in
drivers will provide a level of safety that exemption applications is based on an previously published dockets.
is equivalent to or greater than the level individualized assessment of each Epilepsy diagnosis. If there is an
of safety maintained without the applicant’s medical information, epilepsy diagnosis, the applicant should
exemptions. FMCSA grants exemptions including the root cause of the
that will allow these 9 individuals to respective seizure(s), the length of time the databases of fifty-one licensing jurisdictions and
the CDLIS Central Site, all connected by a
operate CMVs in interstate commerce elapsed since the individual’s last telecommunications network.
for a 2-year period. The exemptions seizure, and each individual’s treatment 2 Motor Carrier Management Information System
preempt State laws and regulations and regimen. In addition, the Agency (MCMIS) is an information system that captures
rmajette on DSK7SPTVN1PROD with NOTICES
may be renewed. reviewed each applicant’s driving data from field offices through SAFETYNET,
CAPRI, and other sources. It is a source for FMCSA
DATES: The exemptions are effective record found in the Commercial Driver’s inspection, crash, compliance review, safety audit,
September 21, 2015. The exemptions License Information System (CDLIS) 1 and registration data.
expire on September 21, 2017. 3 Engel, J., Fisher, R.S., Krauss, G.L., Krumholz,
1 Commercial Driver License Information System A., and Quigg, M.S., ‘‘Expert Panel
FOR FURTHER INFORMATION CONTACT:
(CDLIS) is an information system that allows the Recommendations: Seizure Disorders and
Charles A. Horan, III, Director, Office of exchange of commercial driver licensing Commercial Motor Vehicle Driver Safety,’’ FMCSA,
Carrier, Driver and Vehicle Safety, (202) information among all the States. CDLIS includes October 15, 2007.
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Document Created: 2015-12-15 09:38:25
Document Modified: 2015-12-15 09:38:25
| 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 September 21, 2015. The exemptions expire on September 21, 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 57032 |
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