80_FR_60929 80 FR 60735 - Qualification of Drivers; Application for Exemptions; Hearing

80 FR 60735 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range60735-60737
FR Document2015-25499

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.

Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015) 
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60735-60737]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25499]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0105]


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 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 October 7, 2015. The exemptions 
expire on October 10, 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 60736]]

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.
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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

    On November 24, 2014, FMCSA published a notice of receipt of 
exemption applications and requested public comment on 10 individuals 
(FR 79 69989; Docket number FMCSA-2014-27741). The comment period ended 
on December 24, 2014. In response to this notice, four comments were 
received from The Commonwealth of Virginia; The Indiana Bureau of Motor 
Vehicles; Schneider National, Inc.; The American Trucking Associations, 
Inc.; Schneider National, Inc.; Hub Group Trucking, Inc., and Werner 
Enterprises, Inc. Some of these comments were addressed in a previous 
notice. These stakeholders expressed safety concerns for the far 
reaching ramifications to the commercial driving industry of allowing 
deaf drivers to test, train and/or drive commercially. 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 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:

Clayton L. Ashby

    Mr. Ashby, 28, holds an operator's license in Virginia.

Joseph G. Cerna-Nieves

    Mr. Cerna-Nieves, 24, holds an operator's license in Florida.

Steven C. Levine

    Mr. Levine, 40, holds an operator's license in New York.

Donna Neri

    Ms. Neri, 51, holds an operator's license in Arizona.

Brenda J. Palmigiano

    Ms. Palmigiano, 56, holds a Class A commercial driver's license 
(CDL) in New York.

Lon Edward Smith

    Mr. Smith, 80, holds an operator's license in Mississippi.

Mark Taylor

    Mr. Taylor, 46, holds an operator's license in Arizona.

James Clark Tillis

    Mr. Tillis, 53, holds an operator's license in Alabama.

Bruce N. Walker

    Mr. Walker, 66, holds an operator's license in New York.

Tommy Mark Weldon

    Mr. Weldon, 52, holds an operator's license in Georgia.

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 part 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

[[Page 60737]]

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 concerning hearing: Clayton L. 
Ashby (VA); Joseph G. Cerna-Nieves (FL); Steven C. Levine (NY); Donna 
Neri (AZ); Brenda J. Palmigiano (NY); Lon Edward Smith (MS); Mark 
Taylor (AZ); James Clark Tillis (AL); Bruce N. Walker (NY); and Tommy 
Mark Weldon (GA).

    Dated: September 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-25499 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices 60735 10. Design Loading Structural criteria in the design of a project. DEPARTMENT OF TRANSPORTATION Capacity is related to the strength and Exceptions to these criteria should be service limit state designs, not to traffic extremely rare and FHWA expects the Federal Motor Carrier Safety operations or the likelihood of traffic documentation to provide the following Administration crashes. Previously called ‘structural additional information. [Docket No. FMCSA–2014–0105] capacity,’ FHWA proposes to clarify that • Design Speed exceptions must the applicable criterion covered herein address: Qualification of Drivers; Application for relates to the design of the structure, not Æ Length of section with reduced Exemptions; Hearing the load rating. Design loading design speed compared to overall length structural capacity is important in AGENCY: Federal Motor Carrier Safety of project. Administration (FMCSA), DOT. maintaining a consistent minimum Æ Measures used in transitions to ACTION: Notice of final disposition. standard for safe load-carrying capacity adjacent sections with higher or lower and deviations from this criterion design or operating speeds. SUMMARY: FMCSA announces its should be extremely rare. Design loading structural capacity is proposed • Design Loading Structural Capacity decision to grant requests from 10 to be retained as a controlling criterion exceptions must address: individuals for exemptions from the regardless of the design speed for the Æ Verification of safe load-carrying Agency’s physical qualifications project. Exceptions to design loading capacity (load rating) for all State standard concerning hearing for structural capacity on the NHS could unrestricted legal loads or routine interstate drivers. The current regulation impact the mobility of freight, permit loads, and in the case of bridges prohibits hearing impaired individuals emergency and military vehicles, and on the Interstate, all Federal legal loads. from operating CMVs in interstate the traveling public and requires The FHWA encourages agencies to commerce. After notice and opportunity additional coordination with the FHWA document all design decisions to for public comment, the Agency Office of Infrastructure. demonstrate compliance with accepted concluded that granting exemptions for engineering principles and the reasons these drivers to operate property- Design Documentation carrying CMVs will provide a level of for the decision. Deviations from criteria As codified in 23 CFR 625.3(f), and in contained in the standards for projects safety that is equivalent to or greater accordance with the delegated authority on the NHS, but which are not than the level of safety maintained provided by FHWA Order M1100.1A, considered to be controlling criteria, without the exemptions. The exceptions may be approved on a should be documented by the STA in exemptions are valid for a 2-year period project basis for designs that do not accordance with State laws, regulations, and may be renewed, and the conform to the minimum or limiting directives, and safety standards. exemptions preempt State laws and criteria set forth in the standards, Deviations from criteria contained in regulations. policies, and standard specifications standards adopted by a State for projects DATES: The exemptions are effective adopted in 23 CFR part 625. Under this not on the NHS should be documented October 7, 2015. The exemptions expire proposal, formal design exceptions, in accordance with State laws, on October 10, 2017. subject to approval by FHWA, or on regulations, directives, and safety FOR FURTHER INFORMATION CONTACT: behalf of FHWA if an STA has assumed standards. States can determine their Charles A. Horan, III, Director, Office of the responsibility through a own level of documentation depending Carrier, Driver and Vehicle Safety, (202) Stewardship and Oversight agreement, on their State laws and risk management 366–4001, fmcsamedical@dot.gov, would be required for projects on the practices. FMCSA, Department of Transportation, NHS only when the controlling criteria The proposed revisions to the 1200 New Jersey Avenue SE., Room are not met. The FHWA expects controlling criteria and design W64–224, Washington, DC 20590–0001. documentation of design exceptions to documentation requirements will be Office hours are 8:30 a.m. to 5 p.m., e.t., include all of the following: published in final form after considering Monday through Friday, except Federal • Specific design criteria that will not comments received regarding the holidays. be met. proposed changes. SUPPLEMENTARY INFORMATION: • Existing roadway characteristics. • Alternatives considered. The FHWA requests comments on the A. Electronic Access • Analysis of standard criteria versus revised guidance memorandum, which proposed design criteria. is available in the docket (FHWA–2015– You may see all the comments online Æ Supporting quantitative analysis of 0020). The FHWA will respond to through the Federal Document expected operational and safety comments received on the guidance in Management System (FDMS) at: performance. a second Federal Register notice, to be www.regulations.gov. Æ Right-of-way impacts. published after the close of the Docket: For access to the docket to Æ Impacts to human and natural comment period. That second notice read background documents or environment. will include the final guidance comments, go to www.regulations.gov Æ Impacts to the community. memorandum that reflects any changes and/or Room W12–140 on the ground Æ Impacts on the needs of all users of implemented as a result of comments level of the West Building, 1200 New the facility. received. Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday asabaliauskas on DSK5VPTVN1PROD with NOTICES Æ Project cost. Authority: 23 U.S.C. 109 and 315; 23 CFR • Proposed mitigation measures. 1.32 and 625; 49 CFR 1.85. through Friday, except Federal holidays. • Compatibility with adjacent Privacy Act: In accordance with 5 sections of roadway. Issued on: September 30, 2015. U.S.C. 553(c), DOT solicits comments • Possibility of a future project Gregory G. Nadeau, from the public to better inform its bringing this section into compliance Administrator, Federal Highway rulemaking process. DOT posts these with applicable standards. Administration. comments, without edit, including any Design Speed and Design Loading [FR Doc. 2015–25526 Filed 10–6–15; 8:45 am] personal information the commenter Structural Capacity are fundamental BILLING CODE 4910–22–P provides, to www.regulations.gov, as VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1

60736 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices described in the system of records MCMIS.2 For non-CDL holders, the Joseph G. Cerna-Nieves notice (DOT/ALL–14 FDMS), which can Agency reviewed the driving records Mr. Cerna-Nieves, 24, holds an be reviewed at www.dot.gov/privacy. from the State licensing agency. Each operator’s license in Florida. B. Background applicant’s record demonstrated a safe driving history. The Agency believes the Steven C. Levine Under 49 U.S.C. 31136(e) and 31315, drivers covered by the exemptions do Mr. Levine, 40, holds an operator’s FMCSA may grant an exemption from not pose a risk to public safety. license in New York. the safety regulations for a 2-year period if it finds ‘‘such exemption would likely C. Comments Donna Neri achieve a level of safety that is Ms. Neri, 51, holds an operator’s equivalent to or greater than the level On November 24, 2014, FMCSA published a notice of receipt of license in Arizona. that would be achieved absent such exemption.’’ The statute also allows the exemption applications and requested Brenda J. Palmigiano Agency to renew exemptions at the end public comment on 10 individuals (FR Ms. Palmigiano, 56, holds a Class A of the 2-year period. The current 79 69989; Docket number FMCSA– commercial driver’s license (CDL) in provisions of the FMCSRs concerning 2014–27741). The comment period New York. hearing state that a person is physically ended on December 24, 2014. In qualified to drive a CMV if that person: response to this notice, four comments Lon Edward Smith First perceives a forced whispered voice in were received from The Commonwealth Mr. Smith, 80, holds an operator’s the better ear at not less than 5 feet with or of Virginia; The Indiana Bureau of license in Mississippi. without the use of a hearing aid or, if tested Motor Vehicles; Schneider National, by use of an audiometric device, does not Inc.; The American Trucking Mark Taylor have an average hearing loss in the better ear Associations, Inc.; Schneider National, Mr. Taylor, 46, holds an operator’s greater than 40 decibels at 500 Hz, 1,000 Hz, Inc.; Hub Group Trucking, Inc., and license in Arizona. and 2,000 Hz with or without a hearing aid Werner Enterprises, Inc. Some of these when the audiometric device is calibrated to James Clark Tillis American National Standard (formerly ASA comments were addressed in a previous notice. These stakeholders expressed Mr. Tillis, 53, holds an operator’s Standard) Z24.5—1951. safety concerns for the far reaching license in Alabama. 49 CFR 391.41(b)(11). This standard was ramifications to the commercial driving adopted in 1970, with a revision in 1971 Bruce N. Walker industry of allowing deaf drivers to test, to allow drivers to be qualified under Mr. Walker, 66, holds an operator’s train and/or drive commercially. this standard while wearing a hearing license in New York. Additionally they expressed concern for aid, 35 FR 6458, 6463 (April 22, 1970) the process by which exemptions are Tommy Mark Weldon and 36 FR 12857 (July 3, 1971). FMCSA grants 10 individuals an granted from parts of 49 CFR 391.41, the Mr. Weldon, 52, holds an operator’s exemption from § 391.41(b)(11) increased volume of exemptions, and license in Georgia. concerning hearing to enable them to the need to rely on scientific support as a basis for granting the exemptions. Basis For Exemption operate property-carrying CMVs in interstate commerce for a 2-year period. FMCSA acknowledges the stakeholder’s Under 49 U.S.C. 31136(e) and 31315, The Agency’s decision on these concerns and may consider the initial FMCSA may grant an exemption from exemption applications is based on the steps to revising the physical the hearing standard in 49 CFR current medical literature and qualification standards through a formal 391.41(b)(11) if the exemption is likely information and the ‘‘Executive rulemaking process. to achieve an equivalent or greater level Summary on Hearing, Vestibular of safety than would be achieved D. Exemptions Granted Function and Commercial Motor without the exemption. With the Driving Safety’’ (the 2008 Evidence Following individualized assessments exemption, applicants can drive in Report) presented to FMCSA on August of the exemption applications, FMCSA interstate commerce. Thus, the Agency’s 26, 2008. The evidence report reached grants exemptions from 49 CFR analysis focuses on whether an equal or two conclusions regarding the matter of 391.41(b)(11) to 10 individuals. Under greater level of safety is likely to be hearing loss and CMV driver safety: (1) current FMCSA regulations, all of the 10 achieved by permitting each of these No studies that examined the drivers receiving exemptions from 49 drivers to drive in interstate commerce relationship between hearing loss and CFR 391.41(b)(11) would have been as opposed to restricting him or her to crash risk exclusively among CMV considered physically qualified to drive driving in intrastate commerce. The drivers were identified; and (2) evidence a CMV in interstate commerce except driver must comply with the terms and from studies of the private driver license that they do not meet the hearing conditions of the exemption. This holder population does not support the requirement. FMCSA has determined includes reporting any crashes or contention that individuals with hearing accidents as defined in 49 CFR 390.5 that the following 10 applicants should impairment are at an increased risk for and reporting all citations and be granted an exemption: a crash. In addition, the Agency convictions for disqualifying offenses reviewed each applicant’s driving Clayton L. Ashby under 49 CFR part 383 and 49 CFR part asabaliauskas on DSK5VPTVN1PROD with NOTICES record found in the CDLIS,1 for CDL 391. holders, and inspections recorded in Mr. Ashby, 28, holds an operator’s license in Virginia. Conclusion 1 Commercial Driver License Information System The Agency is granting exemptions (CDLIS) is an information system that allows the 2 Motor Carrier Management Information System from the hearing standard, 49 CFR exchange of commercial driver licensing (MCMIS) is an information system that captures 391.41(b)(11), to 10 individuals based information among all the States. CDLIS includes data from field offices through SAFETYNET, the databases of 51 licensing jurisdictions and the CAPRI, and other sources. It is a source for FMCSA on an evaluation of each driver’s safety CDLIS Central Site, all connected by a inspection, crash, compliance review, safety audit, experience. Safety analysis of telecommunications network. and registration data. information relating to these 10 VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1

Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices 60737 applicants meets the burden of showing exemptions preempt State laws and this standard while wearing a hearing that granting the exemptions would regulations. aid, 35 FR 6458, 6463 (April 22, 1970) achieve a level of safety that is DATES: The exemptions are effective and 36 FR 12857 (July 3, 1971). equivalent to or greater than the level FMCSA grants 12 individuals an October 7, 2015. The exemptions expire that would be achieved without the exemption from § 391.41(b)(11) on October 10, 2017. exemption. In accordance with 49 concerning hearing to enable them to FOR FURTHER INFORMATION CONTACT: operate property-carrying CMVs in U.S.C. 31315, each exemption will be Charles A. Horan, III, Director, Office of interstate commerce for a 2-year period. valid for 2 years from the effective date Carrier, Driver and Vehicle Safety, (202) The Agency’s decision on these with annual recertification required 366–4001, fmcsamedical@dot.gov, exemption applications is based on the unless revoked earlier by FMCSA. The FMCSA, Department of Transportation, current medical literature and exemption will be revoked if the 1200 New Jersey Avenue SE., Room information and the ‘‘Executive following occurs: (1) The person fails to W64–224, Washington, DC 20590–0001. Summary on Hearing, Vestibular comply with the terms and conditions Office hours are 8:30 a.m. to 5 p.m., e.t., Function and Commercial Motor of the exemption; (2) the exemption has Monday through Friday, except Federal Driving Safety’’ (the 2008 Evidence resulted in a lower level of safety than holidays. Report) presented to FMCSA on August was maintained prior to being granted; or (3) continuation of the exemption SUPPLEMENTARY INFORMATION: 26, 2008. The evidence report reached would not be consistent with the goals two conclusions regarding the matter of A. Electronic Access and objectives of 49 U.S.C. 31136 and hearing loss and CMV driver safety: (1) 31315. You may see all the comments online No studies that examined the FMCSA exempts the following 10 through the Federal Document relationship between hearing loss and drivers for a period of 2 years from the Management System (FDMS) at: crash risk exclusively among CMV physical qualification standard www.regulations.gov. drivers were identified; and (2) evidence concerning hearing: Clayton L. Ashby Docket: For access to the docket to from studies of the private driver license (VA); Joseph G. Cerna-Nieves (FL); read background documents or holder population does not support the Steven C. Levine (NY); Donna Neri (AZ); comments, go to www.regulations.gov contention that individuals with hearing Brenda J. Palmigiano (NY); Lon Edward and/or Room W12–140 on the ground impairment are at an increased risk for Smith (MS); Mark Taylor (AZ); James level of the West Building, 1200 New a crash. In addition, the Agency Clark Tillis (AL); Bruce N. Walker (NY); Jersey Avenue SE, Washington, DC, reviewed each applicant’s driving and Tommy Mark Weldon (GA). between 9 a.m. and 5 p.m., e.t., Monday record found in the CDLIS,1 for CDL through Friday, except Federal holidays. holders, and inspections recorded in Dated: September 29, 2015. Privacy Act: In accordance with 5 MCMIS.2 For non-CDL holders, the Larry W. Minor, U.S.C. 553(c), DOT solicits comments Agency reviewed the driving records Associate Administrator for Policy. from the public to better inform its from the State licensing agency. Each [FR Doc. 2015–25499 Filed 10–6–15; 8:45 am] rulemaking process. DOT posts these applicant’s record demonstrated a safe BILLING CODE 4910–EX–P comments, without edit, including any driving history. The Agency believes the personal information the commenter drivers covered by the exemptions do provides, to www.regulations.gov, as not pose a risk to public safety. DEPARTMENT OF TRANSPORTATION described in the system of records notice (DOT/ALL–14 FDMS), which can C. Comments Federal Motor Carrier Safety be reviewed at www.dot.gov/privacy. On May 8, 2015, FMCSA published a Administration notice of receipt of exemption B. Background [Docket No. FMCSA–2014–0384] applications and requested public Under 49 U.S.C. 31136(e) and 31315, comment on 12 individuals (FR 80 Qualification of Drivers; Application for FMCSA may grant an exemption from 26610; Docket number FMCSA–2015– Exemptions; Hearing the safety regulations for a 2-year period 11121. The comment period ended on if it finds ‘‘such exemption would likely June 8, 2015. In response to this notice, AGENCY: Federal Motor Carrier Safety achieve a level of safety that is one comment was received expressing Administration (FMCSA), DOT. equivalent to or greater than the level safety concerns for the far reaching ACTION: Notice of final disposition. that would be achieved absent such ramifications to the commercial driving exemption.’’ The statute also allows the industry of allowing deaf drivers to test, SUMMARY: FMCSA announces its Agency to renew exemptions at the end train and/or drive commercially. Some decision to grant requests from 12 of the 2-year period. The current of these concerns were addressed in a individuals for exemptions from the provisions of the FMCSRs concerning previous notice. Additionally they Agency’s physical qualifications hearing state that a person is physically expressed concern for the process by standard concerning hearing for qualified to drive a CMV if that person: which exemptions are granted from interstate drivers. The current regulation parts of 49 CFR 391.41, the increased First perceives a forced whispered voice in prohibits hearing impaired individuals the better ear at not less than 5 feet with or from operating CMVs in interstate without the use of a hearing aid or, if tested 1 Commercial Driver License Information System commerce. After notice and opportunity by use of an audiometric device, does not (CDLIS) is an information system that allows the for public comment, the Agency exchange of commercial driver licensing asabaliauskas on DSK5VPTVN1PROD with NOTICES have an average hearing loss in the better ear concluded that granting exemptions for greater than 40 decibels at 500 Hz, 1,000 Hz, information among all the States. CDLIS includes the databases of 51 licensing jurisdictions and the these drivers to operate property- and 2,000 Hz with or without a hearing aid CDLIS Central Site, all connected by a carrying CMVs will provide a level of when the audiometric device is calibrated to telecommunications network. safety that is equivalent to or greater American National Standard (formerly ASA 2 Motor Carrier Management Information System than the level of safety maintained Standard) Z24.5—1951. (MCMIS) is an information system that captures data from field offices through SAFETYNET, without the exemptions. The 49 CFR 391.41(b)(11). This standard was CAPRI, and other sources. It is a source for FMCSA exemptions are valid for a 2-year period adopted in 1970, with a revision in 1971 inspection, crash, compliance review, safety audit, and may be renewed, and the to allow drivers to be qualified under and registration data. VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1


Document Created: 2015-12-15 08:48:44
Document Modified: 2015-12-15 08:48:44
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 October 7, 2015. The exemptions expire on October 10, 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 60735 
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