80_FR_57223 80 FR 57041 - Qualification of Drivers; Application for Exemptions; Hearing

80 FR 57041 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 182 (September 21, 2015)

Page Range57041-57043
FR Document2015-23596

FMCSA announces its decision to grant requests from 30 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 182 (Monday, September 21, 2015)
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 57041-57043]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23596]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0383]


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 30 
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 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 30 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 7, 2015, FMCSA published a notice of receipt of exemption

[[Page 57042]]

applications and requested public comment on 30 individuals (FR 80 
18697; Docket number FMCSA-2015-07909. The comment period ended on May 
7, 2015. In response to this notice, nine comments were received 
expressing safety concerns for the far reaching ramifications to the 
commercial driving industry of allowing deaf drivers to test, train 
and/or drive commercially. Some of these comments were addressed in a 
previous notice. Additionally they expressed concern for the process by 
which exemptions are granted from parts of 49 CFR 391.41, the increased 
volume of exemptions, and the need to rely on scientific support as a 
basis for granting the exemptions. FMCSA acknowledges the stakeholder's 
concerns and may consider the initial steps to revising the physical 
qualification standards through a formal rulemaking process.

D. Exemptions Granted

    Following individualized assessments of the exemption applications, 
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 30 individuals. 
Under current FMCSA regulations, all of the 30 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 30 applicants should be granted an exemption:

Neal Everett Boatman, Jr.

    Mr. Boatman, 37, holds an operator's license in Arizona.

Herbert Dean Crowe

    Mr. Crowe, 50, holds an operator's license in Missouri.

David Keith Cannon

    Mr. Cannon, 47, holds an operator's license in Missouri.

Bryant Cater

    Mr. Cater, 54, holds a Class A commercial driver's license (CDL) in 
Tennessee.

Frankye D. Crews

    Ms. Crews, 44, holds an operator's license in Florida.

Justin Craig Cribb

    Mr. Cribb, 36, holds an operator's license in South Carolina.

William Reeder Darnell

    Mr. Darnell, 40, holds a Class A commercial driver's license (CDL) 
in Arizona.

Mark Dickson

    Mr. Dickson, 55, holds an operator's license in Texas.

Kelly Gene Eller

    Mr. Eller, 50, holds an operator's license in North Carolina.

Elliot David Fellows

    Mr. Fellows, 22, holds an operator's license in New York.

David H. Grady

    Mr. Grady, 46, holds a Class B commercial driver's license (CDL) in 
Colorado.

Alissa Haselhorst

    Ms. Haselhorst, 27, holds an operator's license in Nebraska.

Nathan John Hill

    Mr. Hill, 31, holds an operator's license in Georgia.

Jason R. Gensler

    Mr. Gensler, 36, holds an operator's license in Ohio.

Thomas P. Lipyanic, Jr.

    Mr. Lipyanic, 49, holds a Class A commercial driver's license (CDL) 
in Pennsylvania.

Brian L. Lloyd

    Mr. Lloyd, 41, holds an operator's license in Ohio.

Kelsey Rae Maginity

    Ms. Maginity, 23, holds an operator's license in Iowa.

Donald B. Malley

    Mr. Malley, 60, holds a Class A commercial driver's license (CDL) 
in Missouri.

Courtney Maloney

    Ms. Maloney, 26, holds an operator's license in New York.

Amy Elizabeth Marcus

    Ms. Marcus, 42, holds an operator's license in Michigan.

Jonython A. Mason

    Mr. Mason, 33, holds an operator's license in California.

Scott Matchett

    Mr. Matchett, 32, holds an operator's license in New York.

Kathy Ann Meadows

    Ms. Meadows, 57, holds a Class A commercial driver's license (CDL) 
in Georgia.

Devin Jamal Moffett

    Mr. Moffett, 23, holds an operator's license in Georgia.

Anthony Joseph Saive

    Mr. Saive, 29, holds a Class B commercial driver's license (CDL) in 
Ohio.

David W. Shores

    Mr. Shores, 47, holds a Class A commercial driver's license (CDL) 
in North Carolina.

Jonathan P. Veach

    Mr. Veach, 32, holds an operator's license in Illinois.

Michael Whitman

    Mr. Whitman, 39, holds an operator's license in New Jersey.

Richard E. Whittaker

    Mr. Whittaker, 44, holds a Chauffeur's license in Indiana.

Brian David Whittington

    Mr. Whittington, 48, holds a Class A commercial driver's license 
(CDL) in Michigan.

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 30 individuals based on an evaluation of each 
driver's safety experience. Safety analysis of information relating to 
these 30 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

[[Page 57043]]

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 30 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Neal Everett 
Boatman, Jr. (AZ); Herbert Dean Crowe (MO); David Keith Cannon (MO); 
Bryant Cater (TN); Frankye D. Crews (FL); Justin Craig Cribb (SC); 
William Reeder Darnell (AZ); Mark Dickson (TX); Kelly Gene Eller (NC); 
Elliot David Fellows (NY); David H. Grady (CO); Alissa Haselhorst (NE); 
Nathan John Hill (GA); Jason R. Gensler (OH); Thomas P. Lipyanic, Jr. 
(PA); Brian L. Lloyd (OH); Kelsey Rae Maginity (IA); Donald B. Malley 
(MO); Courtney Maloney (NY); Amy Elizabeth Marcus (MI); Jonython A. 
Mason (CA); Scott Matchett (NY); Kathy Ann Meadows (GA); Devin Jamal 
Moffett (GA); Anthony Joseph Saive (OH); David W. Shores (NC); Jonathan 
P. Veach (IL); Michael Whitman (NJ); Richard E. Whittaker (IN); amd 
Brian David Whittington (MI).

    Issued on: September 8, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-23596 Filed 9-18-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                         Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices                                                    57041

                                               as opposed to restricting the driver to                 individuals for exemptions from the                   provisions of the FMCSRs concerning
                                               driving in intrastate commerce.                         Agency’s physical qualifications                      hearing state that a person is physically
                                                                                                       standard concerning hearing for                       qualified to drive a CMV if that person:
                                               Conclusion
                                                                                                       interstate drivers. The current regulation              First perceives a forced whispered voice in
                                                  The Agency is granting exemptions                    prohibits hearing impaired individuals                the better ear at not less than 5 feet with or
                                               from the epilepsy standard, 49 CFR                      from operating CMVs in interstate                     without the use of a hearing aid or, if tested
                                               391.41(b)(8), to 6 individuals based on                 commerce. After notice and opportunity                by use of an audiometric device, does not
                                               a thorough evaluation of each driver’s                  for public comment, the Agency                        have an average hearing loss in the better ear
                                               safety experience and medical                           concluded that granting exemptions for                greater than 40 decibels at 500 Hz, 1,000 Hz,
                                               condition. Safety analysis of                                                                                 and 2,000 Hz with or without a hearing aid
                                                                                                       these drivers to operate property-                    when the audiometric device is calibrated to
                                               information relating to these 6                         carrying CMVs will provide a level of                 American National Standard (formerly ASA
                                               applicants meets the burden of showing                  safety that is equivalent to or greater               Standard) Z24.5—1951.
                                               that granting the exemptions would                      than the level of safety maintained
                                               achieve a level of safety that is                                                                             49 CFR 391.41(b)(11). This standard was
                                                                                                       without the exemptions. The
                                               equivalent to or greater than the level                                                                       adopted in 1970, with a revision in 1971
                                                                                                       exemptions are valid for a 2-year period
                                               that would be achieved without the                                                                            to allow drivers to be qualified under
                                                                                                       and may be renewed, and the
                                               exemption. By granting the exemptions,                                                                        this standard while wearing a hearing
                                                                                                       exemptions preempt State laws and
                                               the interstate CMV industry will gain 6                                                                       aid, 35 FR 6458, 6463 (April 22, 1970)
                                                                                                       regulations.
                                               highly trained and experienced drivers.                                                                       and 36 FR 12857 (July 3, 1971).
                                               In accordance with 49 U.S.C.                            DATES: The exemptions are effective                      FMCSA grants 30 individuals an
                                               31315(b)(1), each exemption will be                     September 21, 2015. The exemptions                    exemption from § 391.41(b)(11)
                                               valid for 2 years, with annual                          expire on September 21, 2017.                         concerning hearing to enable them to
                                               recertification required unless revoked                 FOR FURTHER INFORMATION CONTACT:                      operate property-carrying CMVs in
                                               earlier by FMCSA. The exemption will                    Charles A. Horan, III, Director, Office of            interstate commerce for a 2-year period.
                                               be revoked if the following occurs: (1)                 Carrier, Driver and Vehicle Safety, (202)             The Agency’s decision on these
                                               The person fails to comply with the                     366–4001, fmcsamedical@dot.gov,                       exemption applications is based on the
                                               terms and conditions of the exemption;                  FMCSA, Department of Transportation,                  current medical literature and
                                               (2) the exemption has resulted in a                     1200 New Jersey Avenue SE., Room                      information and the ‘‘Executive
                                               lower level of safety than was                          W64–224, Washington, DC 20590–0001.                   Summary on Hearing, Vestibular
                                               maintained prior to being granted; or (3)               Office hours are 8:30 a.m. to 5 p.m., e.t.,           Function and Commercial Motor
                                               continuation of the exemption would                     Monday through Friday, except Federal                 Driving Safety’’ (the 2008 Evidence
                                               not be consistent with the goals and                    holidays.                                             Report) presented to FMCSA on August
                                               objectives of 49 U.S.C. 31136 and 31315.                SUPPLEMENTARY INFORMATION:
                                                                                                                                                             26, 2008. The evidence report reached
                                                  FMCSA exempts the following 6                                                                              two conclusions regarding the matter of
                                               drivers for a period of 2 years with                    A. Electronic Access                                  hearing loss and CMV driver safety: (1)
                                               annual medical certification required:                     You may see all the comments online                No studies that examined the
                                               Dennis Brown (AZ); Grover Curtis (OR);                  through the Federal Document                          relationship between hearing loss and
                                               Harold Durkee (WI); Timothy Eyerly                      Management System (FDMS) at:                          crash risk exclusively among CMV
                                               (PA); Denton Hineline (WA); and                         www.regulations.gov.                                  drivers were identified; and (2) evidence
                                               Benjamin Reineke (OH) from the                             Docket: For access to the docket to                from studies of the private driver license
                                               prohibition of CMV operations by                        read background documents or                          holder population does not support the
                                               persons with a clinical diagnosis of                    comments, go to www.regulations.gov                   contention that individuals with hearing
                                               epilepsy or seizures. If the exemption is               and/or Room W12–140 on the ground                     impairment are at an increased risk for
                                               still in effect at the end of the 2-year                level of the West Building, 1200 New                  a crash. In addition, the Agency
                                               period, the person may apply to FMCSA                   Jersey Avenue SE., Washington, DC,                    reviewed each applicant’s driving
                                               for a renewal under procedures in effect                between 9 a.m. and 5 p.m., e.t., Monday               record found in the CDLIS,1 for CDL
                                               at that time.                                           through Friday, except Federal holidays.              holders, and inspections recorded in
                                                                                                          Privacy Act: In accordance with 5                  MCMIS.2 For non-CDL holders, the
                                                 Issued on: September 8, 2015.                                                                               Agency reviewed the driving records
                                                                                                       U.S.C. 553(c), DOT solicits comments
                                               Larry W. Minor,                                                                                               from the State licensing agency. Each
                                                                                                       from the public to better inform its
                                               Associate Administrator for Policy.                                                                           applicant’s record demonstrated a safe
                                                                                                       rulemaking process. DOT posts these
                                               [FR Doc. 2015–23593 Filed 9–18–15; 8:45 am]             comments, without edit, including any                 driving history. The Agency believes the
                                               BILLING CODE 4910–EX–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                    C. Comments
                                               DEPARTMENT OF TRANSPORTATION                            notice (DOT/ALL–14 FDMS), which can
                                                                                                                                                               On April 7, 2015, FMCSA published
                                               Federal Motor Carrier Safety                            be reviewed at www.dot.gov/privacy.
                                                                                                                                                             a notice of receipt of exemption
                                               Administration                                          B. Background
                                                                                                                                                                1 Commercial Driver License Information System
                                               [Docket No. FMCSA–2014–0383]                               Under 49 U.S.C. 31136(e) and 31315,                (CDLIS) is an information system that allows the
                                                                                                       FMCSA may grant an exemption from                     exchange of commercial driver licensing
                                               Qualification of Drivers; Application for               the safety regulations for a 2-year period            information among all the States. CDLIS includes
rmajette on DSK7SPTVN1PROD with NOTICES




                                               Exemptions; Hearing                                     if it finds ‘‘such exemption would likely             the databases of 51 licensing jurisdictions and the
                                                                                                                                                             CDLIS Central Site, all connected by a
                                               AGENCY: Federal Motor Carrier Safety                    achieve a level of safety that is                     telecommunications network.
                                               Administration (FMCSA), DOT.                            equivalent to or greater than the level                  2 Motor Carrier Management Information System


                                               ACTION: Notice of final disposition.                    that would be achieved absent such                    (MCMIS) is an information system that captures
                                                                                                       exemption.’’ The statute also allows the              data from field offices through SAFETYNET,
                                                                                                                                                             CAPRI, and other sources. It is a source for FMCSA
                                               SUMMARY:  FMCSA announces its                           Agency to renew exemptions at the end                 inspection, crash, compliance review, safety audit,
                                               decision to grant requests from 30                      of the 2-year period. The current                     and registration data.



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                                               57042                     Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices

                                               applications and requested public                       Mark Dickson                                          Anthony Joseph Saive
                                               comment on 30 individuals (FR 80                           Mr. Dickson, 55, holds an operator’s                 Mr. Saive, 29, holds a Class B
                                               18697; Docket number FMCSA–2015–                        license in Texas.                                     commercial driver’s license (CDL) in
                                               07909. The comment period ended on                                                                            Ohio.
                                               May 7, 2015. In response to this notice,                Kelly Gene Eller
                                               nine comments were received                                Mr. Eller, 50, holds an operator’s                 David W. Shores
                                               expressing safety concerns for the far                  license in North Carolina.                              Mr. Shores, 47, holds a Class A
                                               reaching ramifications to the                                                                                 commercial driver’s license (CDL) in
                                               commercial driving industry of allowing                 Elliot David Fellows
                                                                                                                                                             North Carolina.
                                               deaf drivers to test, train and/or drive                   Mr. Fellows, 22, holds an operator’s
                                               commercially. Some of these comments                    license in New York.                                  Jonathan P. Veach
                                               were addressed in a previous notice.                    David H. Grady                                           Mr. Veach, 32, holds an operator’s
                                               Additionally they expressed concern for                                                                       license in Illinois.
                                               the process by which exemptions are                       Mr. Grady, 46, holds a Class B
                                                                                                       commercial driver’s license (CDL) in                  Michael Whitman
                                               granted from parts of 49 CFR 391.41, the
                                               increased volume of exemptions, and                     Colorado.                                                Mr. Whitman, 39, holds an operator’s
                                               the need to rely on scientific support as               Alissa Haselhorst                                     license in New Jersey.
                                               a basis for granting the exemptions.                                                                          Richard E. Whittaker
                                                                                                         Ms. Haselhorst, 27, holds an
                                               FMCSA acknowledges the stakeholder’s
                                                                                                       operator’s license in Nebraska.                          Mr. Whittaker, 44, holds a Chauffeur’s
                                               concerns and may consider the initial
                                               steps to revising the physical                          Nathan John Hill                                      license in Indiana.
                                               qualification standards through a formal                   Mr. Hill, 31, holds an operator’s                  Brian David Whittington
                                               rulemaking process.                                     license in Georgia.                                     Mr. Whittington, 48, holds a Class A
                                               D. Exemptions Granted                                   Jason R. Gensler                                      commercial driver’s license (CDL) in
                                                                                                                                                             Michigan.
                                                 Following individualized assessments                     Mr. Gensler, 36, holds an operator’s
                                               of the exemption applications, FMCSA                    license in Ohio.                                      Basis for Exemption
                                               grants exemptions from 49 CFR                                                                                   Under 49 U.S.C. 31136(e) and 31315,
                                               391.41(b)(11) to 30 individuals. Under                  Thomas P. Lipyanic, Jr.
                                                                                                                                                             FMCSA may grant an exemption from
                                               current FMCSA regulations, all of the 30                  Mr. Lipyanic, 49, holds a Class A                   the hearing standard in 49 CFR
                                               drivers receiving exemptions from 49                    commercial driver’s license (CDL) in                  391.41(b)(11) if the exemption is likely
                                               CFR 391.41(b)(11) would have been                       Pennsylvania.                                         to achieve an equivalent or greater level
                                               considered physically qualified to drive                Brian L. Lloyd                                        of safety than would be achieved
                                               a CMV in interstate commerce except                                                                           without the exemption. With the
                                               that they do not meet the hearing                          Mr. Lloyd, 41, holds an operator’s
                                                                                                       license in Ohio.                                      exemption, applicants can drive in
                                               requirement. FMCSA has determined                                                                             interstate commerce. Thus, the Agency’s
                                               that the following 30 applicants should                 Kelsey Rae Maginity                                   analysis focuses on whether an equal or
                                               be granted an exemption:                                                                                      greater level of safety is likely to be
                                                                                                          Ms. Maginity, 23, holds an operator’s
                                               Neal Everett Boatman, Jr.                               license in Iowa.                                      achieved by permitting each of these
                                                                                                                                                             drivers to drive in interstate commerce
                                                  Mr. Boatman, 37, holds an operator’s                 Donald B. Malley                                      as opposed to restricting him or her to
                                               license in Arizona.                                       Mr. Malley, 60, holds a Class A                     driving in intrastate commerce. The
                                               Herbert Dean Crowe                                      commercial driver’s license (CDL) in                  driver must comply with the terms and
                                                                                                       Missouri.                                             conditions of the exemption. This
                                                  Mr. Crowe, 50, holds an operator’s                                                                         includes reporting any crashes or
                                               license in Missouri.                                    Courtney Maloney
                                                                                                                                                             accidents as defined in 49 CFR 390.5
                                               David Keith Cannon                                         Ms. Maloney, 26, holds an operator’s               and reporting all citations and
                                                                                                       license in New York.                                  convictions for disqualifying offenses
                                                  Mr. Cannon, 47, holds an operator’s                                                                        under 49 CFR part 383 and 49 CFR 391.
                                                                                                       Amy Elizabeth Marcus
                                               license in Missouri.
                                                                                                          Ms. Marcus, 42, holds an operator’s                Conclusion
                                               Bryant Cater                                            license in Michigan.                                     The Agency is granting exemptions
                                                 Mr. Cater, 54, holds a Class A                        Jonython A. Mason                                     from the hearing standard, 49 CFR
                                               commercial driver’s license (CDL) in                                                                          391.41(b)(11), to 30 individuals based
                                               Tennessee.                                                 Mr. Mason, 33, holds an operator’s                 on an evaluation of each driver’s safety
                                                                                                       license in California.                                experience. Safety analysis of
                                               Frankye D. Crews
                                                                                                       Scott Matchett                                        information relating to these 30
                                                  Ms. Crews, 44, holds an operator’s                      Mr. Matchett, 32, holds an operator’s              applicants meets the burden of showing
                                               license in Florida.                                     license in New York.                                  that granting the exemptions would
                                                                                                                                                             achieve a level of safety that is
                                               Justin Craig Cribb                                      Kathy Ann Meadows                                     equivalent to or greater than the level
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                                                  Mr. Cribb, 36, holds an operator’s                     Ms. Meadows, 57, holds a Class A                    that would be achieved without the
                                               license in South Carolina.                              commercial driver’s license (CDL) in                  exemption. In accordance with 49
                                                                                                       Georgia.                                              U.S.C. 31315, each exemption will be
                                               William Reeder Darnell
                                                                                                                                                             valid for 2 years from the effective date
                                                 Mr. Darnell, 40, holds a Class A                      Devin Jamal Moffett                                   with annual recertification required
                                               commercial driver’s license (CDL) in                       Mr. Moffett, 23, holds an operator’s               unless revoked earlier by FMCSA. The
                                               Arizona.                                                license in Georgia.                                   exemption will be revoked if the


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                                                                         Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices                                                    57043

                                               following occurs: (1) The person fails to               exemptions would satisfy the statutory                1200 New Jersey Avenue SE., Room
                                               comply with the terms and conditions                    requirements and decides to grant                     W64–224, Washington, DC 20590–0001.
                                               of the exemption; (2) the exemption has                 theses requests after reviewing the                   Office hours are from 8:30 a.m. to 5
                                               resulted in a lower level of safety than                public comments submitted in response                 p.m., Monday through Friday, except
                                               was maintained prior to being granted;                  to this notice, the exemptions would                  Federal holidays.
                                               or (3) continuation of the exemption                    enable these 14 individuals to operate                SUPPLEMENTARY INFORMATION:
                                               would not be consistent with the goals                  CMVs in interstate commerce.
                                               and objectives of 49 U.S.C. 31136 and                                                                         Background
                                                                                                       DATES: Comments must be received on
                                               31315.                                                  or before October 21, 2015.                              The Federal Motor Carrier Safety
                                                 FMCSA exempts the following 30                        ADDRESSES: You may submit comments                    Administration has authority to grant
                                               drivers for a period of 2 years from the                bearing the Federal Docket Management                 exemptions from many of the Federal
                                               physical qualification standard                         System (FDMS) Docket No. FMCSA–                       Motor Carrier Safety Regulations
                                               concerning hearing: Neal Everett                        2014–0387 using any of the following                  (FMCSRs) under 49 U.S.C. 31315 and
                                               Boatman, Jr. (AZ); Herbert Dean Crowe                   methods:                                              31136(e), as amended by Section 4007
                                               (MO); David Keith Cannon (MO); Bryant                      • Federal eRulemaking Portal: Go to                of the Transportation Equity Act for the
                                               Cater (TN); Frankye D. Crews (FL);                      www.regulations.gov. Follow the on-line               21st Century (TEA–21) (Pub. L. 105–
                                               Justin Craig Cribb (SC); William Reeder                 instructions for submitting comments.                 178, June 9, 1998, 112 Stat. 107, 401).
                                               Darnell (AZ); Mark Dickson (TX); Kelly                     • Mail: Docket Management Facility;                FMCSA has published in 49 CFR part
                                               Gene Eller (NC); Elliot David Fellows                   U.S. Department of Transportation, 1200               381, subpart C final rules implementing
                                               (NY); David H. Grady (CO); Alissa                       New Jersey Avenue SE., West Building                  the statutory changes in its exemption
                                               Haselhorst (NE); Nathan John Hill (GA);                 Ground Floor, Room W12–140,                           procedures made by section 4007, 69 FR
                                               Jason R. Gensler (OH); Thomas P.                        Washington, DC 20590–0001.                            51589 (August 20, 2004).1 Under the
                                               Lipyanic, Jr. (PA); Brian L. Lloyd (OH);                   • Hand Delivery or Courier: West                   rules in part 381, subpart C, FMCSA
                                               Kelsey Rae Maginity (IA); Donald B.                     Building Ground Floor, Room W12–140,                  must publish a notice of each exemption
                                               Malley (MO); Courtney Maloney (NY);                     1200 New Jersey Avenue SE.,                           request in the Federal Register. The
                                               Amy Elizabeth Marcus (MI); Jonython                     Washington, DC, between 9 a.m. and 5                  Agency must provide the public with an
                                               A. Mason (CA); Scott Matchett (NY);                     p.m., ET, Monday through Friday,                      opportunity to inspect the information
                                               Kathy Ann Meadows (GA); Devin Jamal                     except Federal Holidays.                              relevant to the application, including
                                               Moffett (GA); Anthony Joseph Saive                         • Fax: 1–202–493–2251.                             any safety analyses that have been
                                               (OH); David W. Shores (NC); Jonathan P.                    Each submission must include the                   conducted and any research reports,
                                               Veach (IL); Michael Whitman (NJ);                       Agency name and the docket numbers                    technical papers and other publications
                                               Richard E. Whittaker (IN); amd Brian                    for this notice. Note that all comments               referenced in the application. The
                                               David Whittington (MI).                                 received will be posted without change                Agency must also provide an
                                                 Issued on: September 8, 2015.                         to www.regulations.gov, including any                 opportunity to submit public comment
                                               Larry W. Minor,                                         personal information provided. Please                 on the applications for exemption.
                                                                                                       see the Privacy Act heading below for                    The Agency reviews the safety
                                               Associate Administrator for Policy.
                                                                                                       further information.                                  analyses and the public comments and
                                               [FR Doc. 2015–23596 Filed 9–18–15; 8:45 am]
                                                                                                          Docket: For access to the docket to                determines whether granting the
                                               BILLING CODE 4910–EX–P                                                                                        exemption would likely achieve a level
                                                                                                       read background documents or
                                                                                                       comments, go to www.regulations.gov at                of safety equivalent to or greater than
                                                                                                       any time or Room W12–140 on the                       the level that would be achieved
                                               DEPARTMENT OF TRANSPORTATION                                                                                  without the exemption. The decision of
                                                                                                       ground level of the West Building, 1200
                                               Federal Motor Carrier Safety                            New Jersey Avenue SE., Washington,                    the Agency must be published in the
                                               Administration                                          DC, between 9 a.m. and 5 p.m., ET,                    Federal Register. If the Agency denies
                                                                                                       Monday through Friday, except Federal                 the request, it must state the reason for
                                               [Docket No. FMCSA–2014–0387]                            holidays. The FDMS is available 24                    doing so. If the decision is to grant the
                                                                                                       hours each day, 365 days each year. If                exemption, the notice must specify the
                                               Qualification of Drivers; Application for               you want acknowledgment that we                       person or class of persons receiving the
                                               Exemptions; Hearing                                     received your comments, please include                exemption and the regulatory provision
                                               AGENCY: Federal Motor Carrier Safety                    a self-addressed, stamped envelope or                 or provisions from which an exemption
                                               Administration (FMCSA), DOT.                            postcard or print the acknowledgement                 is granted. The notice must also specify
                                                                                                       page that appears after submitting                    the effective period of the exemption
                                               ACTION: Notice of applications for
                                                                                                       comments on-line.                                     (up to 2 years) and explain the terms
                                               exemptions; request for comments.
                                                                                                          Privacy Act: In accordance with 5                  and conditions of the exemption. The
                                               SUMMARY:   FMCSA announces that 14                      U.S.C. 553(c), DOT solicits comments                  exemption may be renewed.
                                               individuals have applied for a medical                  from the public to better inform its                     The current provisions of the FMCSRs
                                               exemption from the hearing requirement                  rulemaking process. DOT posts these                   concerning hearing state that a person is
                                               in the Federal Motor Carrier Safety                     comments, without edit, including any                 physically qualified to drive a CMV if
                                               Regulations (FMCSRs). In accordance                     personal information the commenter                    that person
                                               with the statutory requirements                         provides, to www.regulations.gov, as                    First perceives a forced whispered voice in
                                               concerning applications for exemptions,                 described in the system records notice                the better ear at not less than 5 feet with or
rmajette on DSK7SPTVN1PROD with NOTICES




                                               FMCSA requests public comments on                       (DOT/ALL–14 FDMS), which can be                       without the use of a hearing aid or, if tested
                                               these requests. The statute and                         reviewed at www.dot.gov/privacy.                      by use of an audiometric device, does not
                                               implementing regulations concerning                     FOR FURTHER INFORMATION CONTACT:                      have an average hearing loss in the better ear
                                               exemptions require that exemptions                      Charles A. Horan, III, Director, Office of               1 This action adopted as final rules the interim
                                               must provide an equivalent or greater                   Carrier, Driver and Vehicle Safety, (202)             final rules issued by FMCSA’s predecessor in 1998
                                               level of safety than if they were not                   366–4001, fmcsamedical@dot.gov,                       (63 FR 67600 (Dec. 8, 2008)), and adopted by
                                               granted. If the Agency determines the                   FMCSA, Department of Transportation,                  FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].



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Document Created: 2015-12-15 09:38:23
Document Modified: 2015-12-15 09:38:23
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 September 21, 2015. The exemptions expire on September 21, 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 57041 

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