80 FR 60737 - 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 Range		60737-60738
FR Document		2015-25496

FMCSA announces its decision to grant requests from 12 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 60737-60738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25496]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0384]


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 12 
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 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 12 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.
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C. Comments

    On May 8, 2015, FMCSA published a notice of receipt of exemption 
applications and requested public comment on 12 individuals (FR 80 
26610; Docket number FMCSA-2015-11121. The comment period ended on June 
8, 2015. In response to this notice, one comment was 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 concerns 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

[[Page 60738]]

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 12 individuals. 
Under current FMCSA regulations, all of the 12 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 12 applicants should be granted an exemption:

Thomas M. Carr

    Mr. Carr, 50, holds a Class B commercial driver's license (CDL) in 
Pennsylvania.

Randy Ray Griffin

    Mr. Griffin, 50, holds an operator's license in California.

William Hall

    Mr. Hall, 35, holds an operator's license in Alabama.

Robert Chance Hayden

    Mr. Hayden, 29, holds an operator's license in Florida.

Robert J. Knapp

    Mr. Knapp, 47, holds an operator's license in Wisconsin.

Keith P. Miller

    Mr. Miller, 37, holds an operator's license in Pennsylvania.

Ramoncito Sanchez

    Mr. Sanchez, 34, holds an operator's license in Texas.

Bradly D. Sexton

    Mr. Sexton, 36, holds an operator's license in Oklahoma.

Sandy L. Sloat

    Ms. Sloat, 34, holds an operator's license in Texas.

Robert A. Toler

    Mr. Toler, 31, holds an operator's license in Missouri.

Jeffry B. Webber

    Mr. Webber, 53, holds an operator's license in Oklahoma.

Michael K. Wilkes

    Mr. Wilkes, 50, holds an operator's license in Massachusetts.

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 12 individuals based on an evaluation of each 
driver's safety experience. Safety analysis of information relating to 
these 12 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 12 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Thomas M. Carr 
(PA); Randy Ray Griffin (CA); William Hall (AL); Robert Chance Hayden 
(FL); Robert J. Knapp (WI); Keith P. Miller (PA); Ramoncito Sanchez 
(TX); Bradly D. Sexton (OK); Sandy L. Sloat (TX); Robert A. Toler (MS); 
Jeffry B. Webber (OK); and Michael K. Wilkes (MA).

     Dated: September 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-25496 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-EX-P

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.

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60738 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices

volume of exemptions, and the need to Michael K. Wilkes Dated: September 28, 2015.
rely on scientific support as a basis for Larry W. Minor,
granting the exemptions. FMCSA Mr. Wilkes, 50, holds an operator’s Associate Administrator for Policy.
acknowledges the stakeholder’s license in Massachusetts.
[FR Doc. 2015–25496 Filed 10–6–15; 8:45 am]
concerns and may consider the initial Basis For Exemption BILLING CODE 4910–EX–P
steps to revising the physical
qualification standards through a formal Under 49 U.S.C. 31136(e) and 31315,
rulemaking process. FMCSA may grant an exemption from DEPARTMENT OF TRANSPORTATION
D. Exemptions Granted the hearing standard in 49 CFR
391.41(b)(11) if the exemption is likely Federal Motor Carrier Safety
Following individualized assessments to achieve an equivalent or greater level Administration
of the exemption applications, FMCSA of safety than would be achieved [Docket No. FMCSA–2015–0255]
grants exemptions from 49 CFR without the exemption. With the
391.41(b)(11) to 12 individuals. Under exemption, applicants can drive in Agency Information Collection
current FMCSA regulations, all of the 12 interstate commerce. Thus, the Agency’s Activities; Extension of a Currently-
drivers receiving exemptions from 49 analysis focuses on whether an equal or Approved Information Collection
CFR 391.41(b)(11) would have been greater level of safety is likely to be Request: Transportation of Household
considered physically qualified to drive achieved by permitting each of these Goods; Consumer Protection
a CMV in interstate commerce except drivers to drive in interstate commerce
that they do not meet the hearing as opposed to restricting him or her to AGENCY: Federal Motor Carrier Safety
requirement. FMCSA has determined driving in intrastate commerce. The Administration (FMCSA), DOT.
that the following 12 applicants should driver must comply with the terms and ACTION: Notice and request for
be granted an exemption: conditions of the exemption. This information.
Thomas M. Carr includes reporting any crashes or
accidents as defined in 49 CFR 390.5 SUMMARY: In accordance with the
Mr. Carr, 50, holds a Class B and reporting all citations and Paperwork Reduction Act of 1995,
commercial driver’s license (CDL) in convictions for disqualifying offenses FMCSA announces its plan to submit
Pennsylvania. under 49 CFR part 383 and 49 CFR 391. the Information Collection Request (ICR)
described below to the Office of
Randy Ray Griffin Conclusion Management and Budget (OMB) for its
Mr. Griffin, 50, holds an operator’s review and approval. The FMCSA
The Agency is granting exemptions requests approval to extend an ICR
license in California.
from the hearing standard, 49 CFR titled, ‘‘Transportation of Household
William Hall 391.41(b)(11), to 12 individuals based Goods; Consumer Protection.’’ The
on an evaluation of each driver’s safety information collected will be used to
Mr. Hall, 35, holds an operator’s
experience. Safety analysis of help regulate motor carriers transporting
license in Alabama.
information relating to these 12 household goods (HHG) for individual
Robert Chance Hayden applicants meets the burden of showing shippers. FMCSA invites public
that granting the exemptions would comment on the ICR.
Mr. Hayden, 29, holds an operator’s
achieve a level of safety that is DATES: We must receive your comments
license in Florida.
equivalent to or greater than the level on or before December 7, 2015.
Robert J. Knapp that would be achieved without the
ADDRESSES: You may submit comments
exemption. In accordance with 49
Mr. Knapp, 47, holds an operator’s identified by Federal Docket
U.S.C. 31315, each exemption will be
license in Wisconsin. Management System (FDMS) Docket
valid for 2 years from the effective date
Keith P. Miller Number FMCSA–2015–0255 using any
with annual recertification required
of the following methods:
unless revoked earlier by FMCSA. The
Mr. Miller, 37, holds an operator’s • Federal eRulemaking Portal: http://
license in Pennsylvania. exemption will be revoked if the
www.regulations.gov. Follow the online
following occurs: (1) The person fails to
Ramoncito Sanchez instructions for submitting comments.
comply with the terms and conditions
• Fax: 1–202–493–2251.
of the exemption; (2) the exemption has
Mr. Sanchez, 34, holds an operator’s • Mail: Docket Operations; U.S.
license in Texas. resulted in a lower level of safety than
Department of Transportation, 1200
was maintained prior to being granted;
New Jersey Avenue SE., West Building,
Bradly D. Sexton or (3) continuation of the exemption Ground Floor, Room W12–140, 20590–
Mr. Sexton, 36, holds an operator’s would not be consistent with the goals 0001.
license in Oklahoma. and objectives of 49 U.S.C. 31136 and • Hand Delivery or Courier: West
31315. Building, Ground Floor, Room W12–
Sandy L. Sloat FMCSA exempts the following 12 140, 1200 New Jersey Avenue SE.,
Ms. Sloat, 34, holds an operator’s drivers for a period of 2 years from the Washington, DC, between 9 a.m. and 5
license in Texas. physical qualification standard p.m. e.t., Monday through Friday,
asabaliauskas on DSK5VPTVN1PROD with NOTICES

concerning hearing: Thomas M. Carr except Federal holidays.
Robert A. Toler
(PA); Randy Ray Griffin (CA); William Instructions: All submissions must
Mr. Toler, 31, holds an operator’s Hall (AL); Robert Chance Hayden (FL); include the Agency name and docket
license in Missouri. Robert J. Knapp (WI); Keith P. Miller number. For detailed instructions on
(PA); Ramoncito Sanchez (TX); Bradly submitting comments and additional
Jeffry B. Webber
D. Sexton (OK); Sandy L. Sloat (TX); information on the exemption process,
Mr. Webber, 53, holds an operator’s Robert A. Toler (MS); Jeffry B. Webber see the Public Participation heading
license in Oklahoma. (OK); and Michael K. Wilkes (MA). below. Note that all comments received

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Document Created: 2015-12-15 08:48:47
Document Modified: 2015-12-15 08:48:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
Dates		The exemptions are effective October 7, 2015. The exemptions expire on October 10, 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 60737

80 FR 60737 - Qualification of Drivers; Application for Exemptions; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration