80 FR 60747 - Qualification of Drivers; Application for Exemptions; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 194 (October 7, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 194 (October 7, 2015)
| Page Range | 60747-60749 | |
| FR Document | 2015-25497 |
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)] [Notices] [Pages 60747-60749] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25497] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0104] 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 17 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. 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, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: A. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov and/or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. B. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the safety regulations for a 2-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the 2-year period. The current provisions of the FMCSRs concerning hearing state that a person is physically qualified to drive a CMV if that person: First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5-1951. 49 CFR 391.41(b)(11). This standard was adopted in 1970, with a revision in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971). FMCSA grants 17 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 [[Page 60748]] 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 October 27, 2014, FMCSA published a notice of receipt of exemption applications and requested public comment on 17 individuals (FR 79 64004; Docket number FMCSA-2014-25453). The comment period ended on November 26, 2014. In response to this notice, FMCSA received 10 comments. Six comments supported deaf drivers driving commercially and four comments expressed safety concerns for granting exemptions to drivers who do not meet the hearing standard. The safety concerns were submitted on behalf of 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 17 individuals. Under current FMCSA regulations, all of the 17 drivers receiving exemptions from 49 CFR 391.41(b)(11) would have been considered as qualified physically to drive a CMV in interstate commerce except that they do not meet the hearing requirement. FMCSA has determined that the following 17 applicants should be granted an exemption: Martin Anthony Bystrycki Mr. Bystrycki, 63, holds a Class A commercial driver's license (CDL) in Florida. Ronald Craver, Sr. Mr. Craver, 57, holds an operator's license in Texas. Byron Davis Mr. Davis, 37, holds an operator's license in Mississippi. Stephen Digiovanna Mr. Digiovanna, 53, holds a Class A commercial driver's license (CDL) in Pennsylvania. Bruce Howard Dunn Mr. Dunn, 52, holds a Class A commercial driver's license (CDL) in Louisiana. Brandon Thomas Londo Mr. Londo, 29, holds an operator's license in Texas. George T. Moore Mr. Moore, 47, holds an operator's license in Georgia. Robert J. Pippin Mr. Pippin, 46, holds an operator's license in South Dakota. Scott A. Perdue Mr. Perdue, 47, holds a Class A commercial driver's license (CDL) in Georgia. Adalberto Rodriguez Mr. Rodriguez, 49, holds a Class A commercial driver's license (CDL) in New York. David Rodriguez Mr. Rodriguez, 56, holds an operator's license in Texas. Melvin Randall Ross Mr. Ross, 61, holds a Class A commercial driver's license (CDL) in Ohio. Abderrazek Merjoune Mr. Merjoune, 42, holds a Class A commercial driver's license (CDL) in Maryland. Seth Lee Shannon Mr. Shannon, 36, holds an operator's license in Washington. Thomas D. Sneer Mr. Sneer, 58, holds a Class A commercial driver's license (CDL) in Minnesota. Juan Sloan Mr. Sloan, 52, holds an operator's license in California. Charles F. Wirick, IV Mr. Wirick, 31, holds an operator's license in Maryland. 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 17 individuals based on an evaluation of each driver's safety experience. Safety analysis of information relating to these 17 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 [[Page 60749]] 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 17 drivers for a period of 2 years from the physical qualification standard concerning hearing: Martin Anthony Bystrycki (FL); Ronald Craver, Sr. (TX); Byron Davis (MS); Stephen Digiovanna (PA); Bruce Howard Dunn (LA); Brandon Thomas Londo (TX); George T. Moore (GA); Robert J. Pippin (SD); Scott A. Perdue (GA); Adalberto Rodriguez (NY); David Rodriguez (TX); Melvin Randall Ross (OH); Abderrazek Merjoune (MD); Seth Lee Shannon (WA); Thomas D. Sneer (MN); Juan Sloan (CA); and Charles F. Wirick, IV (MD). Issued on: September 29, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-25497 Filed 10-6-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices 60747
history of a seizure disorder and has continuation of the exemption would W64–224, Washington, DC 20590–0001.
remains seizure free since 1962. He not be consistent with the goals and Office hours are 8:30 a.m. to 5 p.m., e.t.,
takes anti-seizure medication with the objectives of 49 U.S.C. 31136 and 31315. Monday through Friday, except Federal
dosage and frequency remaining the FMCSA exempts the following 10 holidays.
same since that time. If granted the drivers for a period of 2 years with SUPPLEMENTARY INFORMATION:
exemption, he would like to drive a annual medical certification required:
CMV. His physician states that he is Ian Correll-Zerbe (PA); Alan Feuerhelm A. Electronic Access
supportive of Nelson receiving an (IA); Robert J. Forney (WI); Bryan R. You may see all the comments online
exemption. Jones (PA); Terri Kathleen Kahle (PA); through the Federal Document
Ivan M. Martin (PA); James Joseph Management System (FDMS) at:
Michael D. Williams
Marvel (VA); Andy L. McNeal (IN); www.regulations.gov.
Mr. Williams is a 48 year-old class A Richard S. Nelson (MN); and Michael D. Docket: For access to the docket to
CDL holder in Nevada. He has a history Williams (NV) from the prohibition of read background documents or
of a seizure disorder and has remained CMV operations by persons with a comments, go to www.regulations.gov
seizure free since 1987. He takes anti- clinical diagnosis of epilepsy or and/or Room W12–140 on the ground
seizure medication with the dosage and seizures. If the exemption is still in level of the West Building, 1200 New
frequency remaining the same since effect at the end of the 2-year period, the Jersey Avenue SE., Washington, DC,
2002. If granted the exemption, he person may apply to FMCSA for a between 9 a.m. and 5 p.m., e.t., Monday
would like to drive a CMV. His renewal under procedures in effect at through Friday, except Federal holidays.
physician states that he is supportive of that time. Privacy Act: In accordance with 5
Mr. Williams receiving an exemption. U.S.C. 553(c), DOT solicits comments
Issued on: September 29, 2015.
E. Basis for Exemption from the public to better inform its
Larry W. Minor,
rulemaking process. DOT posts these
Under 49 U.S.C. 31136(e) and Associate Administrator for Policy. comments, without edit, including any
31315(b), FMCSA may grant an [FR Doc. 2015–25504 Filed 10–6–15; 8:45 am] personal information the commenter
exemption from the epilepsy/seizure BILLING CODE 4910–EX–P provides, to www.regulations.gov, as
standard in 49 CFR 391.41(b)(8) if the described in the system of records
exemption is likely to achieve an notice (DOT/ALL–14 FDMS), which can
equivalent or greater level of safety than DEPARTMENT OF TRANSPORTATION be reviewed at www.dot.gov/privacy.
would be achieved without the
exemption. Without the exemption, Federal Motor Carrier Safety B. Background
applicants will continue to be restricted Administration Under 49 U.S.C. 31136(e) and 31315,
to intrastate driving. With the [Docket No. FMCSA–2014–0104] FMCSA may grant an exemption from
exemption, applicants can drive in the safety regulations for a 2-year period
interstate commerce. Thus, the Agency’s Qualification of Drivers; Application for if it finds ‘‘such exemption would likely
analysis focuses on whether an equal or Exemptions; Hearing achieve a level of safety that is
greater level of safety is likely to be equivalent to or greater than the level
achieved by permitting each of these AGENCY: Federal Motor Carrier Safety
that would be achieved absent such
drivers to drive in interstate commerce Administration (FMCSA), DOT.
exemption.’’ The statute also allows the
as opposed to restricting the driver to ACTION: Notice of final disposition. Agency to renew exemptions at the end
driving in intrastate commerce. of the 2-year period. The current
SUMMARY: FMCSA announces its
Conclusion decision to grant requests from 17 provisions of the FMCSRs concerning
individuals for exemptions from the hearing state that a person is physically
The Agency is granting exemptions qualified to drive a CMV if that person:
from the epilepsy standard, 49 CFR Agency’s physical qualifications
391.41(b)(8), to 10 individuals based on standard concerning hearing for First perceives a forced whispered voice in
interstate drivers. The current regulation the better ear at not less than 5 feet with or
a thorough evaluation of each driver’s
prohibits hearing impaired individuals without the use of a hearing aid or, if tested
safety experience and medical by use of an audiometric device, does not
condition. Safety analysis of from operating CMVs in interstate
have an average hearing loss in the better ear
information relating to these 10 commerce. After notice and opportunity
greater than 40 decibels at 500 Hz, 1,000 Hz,
applicants meets the burden of showing for public comment, the Agency and 2,000 Hz with or without a hearing aid
that granting the exemptions would concluded that granting exemptions for when the audiometric device is calibrated to
achieve a level of safety that is these drivers to operate property- American National Standard (formerly ASA
equivalent to or greater than the level carrying CMVs will provide a level of Standard) Z24.5–1951.
that would be achieved without the safety that is equivalent to or greater 49 CFR 391.41(b)(11). This standard
exemption. By granting the exemptions, than the level of safety maintained was adopted in 1970, with a revision in
the interstate CMV industry will gain 10 without the exemptions. The 1971 to allow drivers to be qualified
highly trained and experienced drivers. exemptions are valid for a 2-year period under this standard while wearing a
In accordance with 49 U.S.C. and may be renewed. The exemptions hearing aid, 35 FR 6458, 6463 (April 22,
31315(b)(1), each exemption will be preempt State laws and regulations. 1970) and 36 FR 12857 (July 3, 1971).
valid for 2 years, with annual DATES: The exemptions are effective FMCSA grants 17 individuals an
asabaliauskas on DSK5VPTVN1PROD with NOTICES
recertification required unless revoked October 7, 2015. The exemptions expire exemption from § 391.41(b)(11)
earlier by FMCSA. The exemption will on October 10, 2017. concerning hearing to enable them to
be revoked if the following occurs: (1) FOR FURTHER INFORMATION CONTACT: operate property-carrying CMVs in
The person fails to comply with the Charles A. Horan, III, Director, Office of interstate commerce for a 2-year period.
terms and conditions of the exemption; Carrier, Driver and Vehicle Safety, (202) The Agency’s decision on these
(2) the exemption has resulted in a 366–4001, fmcsamedical@dot.gov, exemption applications is based on the
lower level of safety than was FMCSA, Department of Transportation, current medical literature and
maintained prior to being granted; or (3) 1200 New Jersey Avenue SE., Room information and the ‘‘Executive
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![Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices 60749
valid for 2 years from the effective date A copy of the petition, as well as any Issued in Washington, DC, on September
with annual recertification required written communications concerning the 30, 2015.
unless revoked earlier by FMCSA. The petition, is available for review online at Ron Hynes,
exemption will be revoked if the www.regulations.gov and in person at Director, Office of Technical Oversight.
following occurs: (1) The person fails to the U.S. Department of Transportation’s [FR Doc. 2015–25494 Filed 10–6–15; 8:45 am]
comply with the terms and conditions (DOT) Docket Operations Facility, 1200 BILLING CODE 4910–06–P
of the exemption; (2) the exemption has New Jersey Avenue SE., W12–140,
resulted in a lower level of safety than Washington, DC 20590. The Docket
was maintained prior to being granted; Operations Facility is open from 9 a.m.
or (3) continuation of the exemption to 5 p.m., Monday through Friday, DEPARTMENT OF THE TREASURY
would not be consistent with the goals except Federal Holidays.
and objectives of 49 U.S.C. 31136 and Interested parties are invited to Office of Foreign Assets Control
31315. participate in these proceedings by
FMCSA exempts the following 17 Sanctions Actions Pursuant to
submitting written views, data, or Executive Orders 13224.
drivers for a period of 2 years from the comments. FRA does not anticipate
physical qualification standard scheduling a public hearing in AGENCY: Office of Foreign Assets
concerning hearing: Martin Anthony connection with these proceedings since Control, Treasury.
Bystrycki (FL); Ronald Craver, Sr. (TX); the facts do not appear to warrant a ACTION: Notice.
Byron Davis (MS); Stephen Digiovanna hearing. If any interested party desires
(PA); Bruce Howard Dunn (LA); an opportunity for oral comment, they SUMMARY: The Treasury Department’s
Brandon Thomas Londo (TX); George T. should notify FRA, in writing, before Office of Foreign Assets Control (OFAC)
Moore (GA); Robert J. Pippin (SD); Scott the end of the comment period and is publishing the name of one
A. Perdue (GA); Adalberto Rodriguez specify the basis for their request. individual whose property and interests
(NY); David Rodriguez (TX); Melvin in property are blocked pursuant to
All communications concerning these
Randall Ross (OH); Abderrazek Executive Order 13224 of September 23,
proceedings should identify the
Merjoune (MD); Seth Lee Shannon 2001, ‘‘Blocking Property and
appropriate docket number and may be
(WA); Thomas D. Sneer (MN); Juan Prohibiting Transactions With Persons
submitted by any of the following
Sloan (CA); and Charles F. Wirick, IV Who Commit, Threaten To Commit, or
methods:
(MD). Support Terrorism.’’
• Web site: http://
Issued on: September 29, 2015. DATES: OFAC’s actions described in this
www.regulations.gov. Follow the online
Larry W. Minor, instructions for submitting comments. notice are effective on October 2, 2015.
Associate Administrator for Policy. FOR FURTHER INFORMATION CONTACT:
• Fax: 202–493–2251.
[FR Doc. 2015–25497 Filed 10–6–15; 8:45 am] Associate Director for Global Targeting,
• Mail: Docket Operations Facility,
BILLING CODE 4910–EX–P tel.: 202/622–2420, Assistant Director
U.S. Department of Transportation, 1200
for Sanctions Compliance & Evaluation,
New Jersey Avenue SE., W12–140,
tel.: 202/622–2490, Assistant Director
DEPARTMENT OF TRANSPORTATION Washington, DC 20590.
for Licensing, tel.: 202/622–2480, Office
• Hand Delivery: 1200 New Jersey of Foreign Assets Control, or Chief
Federal Railroad Administration Avenue SE., Room W12–140, Counsel (Foreign Assets Control), tel.:
Washington, DC 20590, between 9 a.m. 202/622–2410, Office of the General
[Docket Number FRA–2015–0056] and 5 p.m., Monday through Friday, Counsel, Department of the Treasury
except Federal Holidays. (not toll free numbers).
Petition for Waiver of Compliance
Communications received by SUPPLEMENTARY INFORMATION:
In accordance with part 211 of Title November 6, 2015 will be considered by
FRA before final action is taken. Electronic and Facsimile Availability
49 Code of Federal Regulations (CFR),
this document provides the public Comments received after that date will The SDN List and additional
notice that by a document dated May be considered as far as practicable. information concerning OFAC sanctions
30, 2015, the Maine Yacht Center, LLC Anyone is able to search the programs are available from OFAC’s
(MYC) has petitioned the Federal electronic form of any written Web site (www.treasury.gov/ofac).
Railroad Administration (FRA) for a communications and comments Certain general information pertaining
waiver of compliance from certain received into any of our dockets by the to OFAC’s sanctions programs is also
provisions of the Federal railroad safety name of the individual submitting the available via facsimile through a 24-
regulations contained at 49 CFR part comment (or signing the document, if hour fax-on-demand service, tel.: 202/
215–Railroad Freight Car Safety submitted on behalf of an association, 622–0077.
Standards. FRA assigned the petition business, labor union, etc.). In Notice of OFAC Actions
Docket Number FRA–2015–0056. accordance with 5 U.S.C. 553(c), DOT
In an effort to increase business, MYC solicits comments from the public to On October 2, 2015, OFAC blocked
wants to build a self-propelled carrier, better inform its processes. DOT posts the property and interests in property of
for boats 30 to 40 or more feet in length, these comments, without edit, including the following individual pursuant to
asabaliauskas on DSK5VPTVN1PROD with NOTICES
that will travel one-half mile over the St. any personal information the E.O. 13224, ‘‘Blocking Property and
Lawrence & Atlantic Railroad from a commenter provides, to Prohibiting Transactions With Persons
waterfront facility to a storage facility. www.regulations.gov, as described in Who Commit, Threaten To Commit, or
The limiting factor for over-the-road the system of records notice (DOT/ALL– Support Terrorism’’:
movement of boats is a fixed bridge 14 FDMS), which can be reviewed at 1. MUTHANA, Aseel (a.k.a. ‘‘Abu
height of 14 feet. Using rail would allow www.dot.gov/privacy. See also http:// Fariss’’), Syria; DOB 1996 or 1997;
MYC to move larger boats using a route www.regulations.gov/#!privacyNotice nationality United Kingdom
with a fixed bridge height of 18 feet. for the privacy notice of regulations.gov. (individual) [SDGT]
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Document Created: 2015-12-15 08:49:48
Document Modified: 2015-12-15 08:49:48
| 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 60747 |
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