81 FR 96195 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range		96195-96196
FR Document		2016-31550

FMCSA announces its decision to renew exemptions for three individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce.

Federal Register, Volume 81 Issue 250 (Thursday, December 29, 2016)

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96195-96196]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31550]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332; FMCSA-2014-0102; FMCSA-2014-0103]


Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for three 
individuals from the hearing requirement in the Federal Motor Carrier 
Safety Regulations (FMCSRs) for interstate commercial motor vehicle 
(CMV) drivers. The exemptions enable these hard of hearing and deaf 
individuals to continue to operate CMVs in interstate commerce.

DATES: The renewed exemptions were effective on the dates stated in the 
discussions below and will expire on the dates stated in the 
discussions below. Comments must be received on or before January 30, 
2017.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0332; FMCSA-2014-0102; 
FMCSA-2014-0103 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
    online instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time 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. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years 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 two-year period.
    The physical qualification standard for drivers regarding hearing 
found in 49 CFR 391.41(b)(11) states that a person is physically 
qualified to driver a CMV if that person:


[[Page 96196]]


    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) 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).
    The three individuals listed in this notice have requested renewal 
of their exemptions from the hearing standard in 49 CFR 391.41(b)(11), 
in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits and decided to extend 
each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of 
the three applicants has satisfied the renewal conditions for obtaining 
an exemption from the hearing requirement (78 FR 22772; 80 FR 22768; 80 
FR 57032). In addition, for Commercial Driver's License (CDL) holders, 
the Commercial Driver's License Information System (CDLIS) and the 
Motor Carrier Management Information System (MCMIS) are searched for 
crash and violation data. For non-CDL holders, the Agency reviews the 
driving records from the State Driver's Licensing Agency (SDLA). These 
factors provide an adequate basis for predicting each driver's ability 
to continue to safely operate a CMV in interstate commerce.
    The three drivers in this notice remain in good standing with the 
Agency and have not exhibited any medical issues that would compromise 
their ability to safely operate a CMV during the previous two-year 
exemption period. FMCSA has concluded that renewing the exemptions for 
each of these applicants is likely to achieve a level of safety equal 
to that existing without the exemption. Therefore, FMCSA has decided to 
renew each exemption for a two-year period. In accordance with 49 
U.S.C. 31136(e) and 31315, each driver has received a renewed 
exemption.
    As of August 22, 2016, Byron Smith (TX) has satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
49 CFR 391.41(b)(11), from driving CMVs in interstate commerce (78 FR 
22772). This driver was included in FMCSA-2012-0332. The exemption was 
effective on August 22, 2016, and will expire on August 22, 2018.
    As of August 26, 2016, James Dignan (IL) and Ervin Mitchell (AL), 
have satisfied the renewal conditions for obtaining an exemption from 
the hearing requirement in 49 CFR 391.41(b)(11), from driving CMVs in 
interstate commerce (80 FR 22768; 80 FR 57032)). The drivers were 
included in FMCSA-2014-0102; FMCSA-2014-0103). The exemptions were 
effective on August 26, 2016, and will expire on August 26, 2018.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must report any crashes or accidents as defined in 49 
CFR 390.5; and (2) report all citations and convictions for 
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA. 
In addition, the driver must also have a copy of the exemption when 
driving, for presentation to a duly authorized Federal, State, or local 
enforcement official. The driver is prohibited from operating a 
motorcoach or bus with passengers in interstate commerce. The exemption 
does not exempt the individual from meeting the applicable CDL testing 
requirements. Each exemption will be valid for two years unless 
rescinded earlier by FMCSA. The exemption will be rescinded if: (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 before it was granted; or (3) continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315.

V. Conclusion

    Based upon its evaluation of the three exemption applications, 
FMCSA renews the exemptions of the aforementioned drivers from the 
hearing requirement in 49 CFR 391.41 (b)(11). In accordance with 49 
U.S.C. 31136(e) and 31315, each exemption will be valid for two years 
unless revoked earlier by FMCSA.

    Issued on: December 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31550 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P

96196 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

First perceives a forced whispered voice in medical issues that would compromise V. Conclusion
the better ear at not less than 5 feet with or their ability to safely operate a CMV
without the use of a hearing aid or, if tested Based upon its evaluation of the three
during the previous two-year exemption exemption applications, FMCSA renews
by use of an audiometric device, does not
have an average hearing loss in the better ear
period. FMCSA has concluded that the exemptions of the aforementioned
greater than 40 decibels at 500 Hz, 1,000 Hz, renewing the exemptions for each of drivers from the hearing requirement in
and 2,000 Hz with or without a hearing aid these applicants is likely to achieve a 49 CFR 391.41 (b)(11). In accordance
when the audiometric device is calibrated to level of safety equal to that existing with 49 U.S.C. 31136(e) and 31315, each
American National Standard (formerly ASA without the exemption. Therefore, exemption will be valid for two years
Standard) Z24.5—1951. FMCSA has decided to renew each unless revoked earlier by FMCSA.
49 CFR 391.41(b)(11) was adopted in exemption for a two-year period. In Issued on: December 21, 2016.
1970, with a revision in 1971 to allow accordance with 49 U.S.C. 31136(e) and
Larry W. Minor,
drivers to be qualified under this 31315, each driver has received a
Associate Administrator for Policy.
standard while wearing a hearing aid, renewed exemption.
[FR Doc. 2016–31550 Filed 12–28–16; 8:45 am]
35 FR 6458, 6463 (April 22, 1970) and As of August 22, 2016, Byron Smith BILLING CODE 4910–EX–P
36 FR 12857 (July 3, 1971). (TX) has satisfied the renewal
The three individuals listed in this conditions for obtaining an exemption
notice have requested renewal of their from the hearing requirement in 49 CFR DEPARTMENT OF TRANSPORTATION
exemptions from the hearing standard 391.41(b)(11), from driving CMVs in
in 49 CFR 391.41(b)(11), in accordance interstate commerce (78 FR 22772). This Federal Motor Carrier Safety
with FMCSA procedures. Accordingly, driver was included in FMCSA–2012– Administration
FMCSA has evaluated these 0332. The exemption was effective on
applications for renewal on their merits [Docket No. FMCSA–1999–5748; FMCSA–
August 22, 2016, and will expire on 1999–6156; FMCSA–2001–11426; FMCSA–
and decided to extend each exemption August 22, 2018. 2003–16564; FMCSA–2005–22194; FMCSA–
for a renewable two-year period. 2005–23099; FMCSA–2006–23773; FMCSA–
As of August 26, 2016, James Dignan
II. Request for Comments 2006–24015; FMCSA–2006–24783; FMCSA–
(IL) and Ervin Mitchell (AL), have
2007–0017; FMCSA–2007–0071; FMCSA–
Interested parties or organizations satisfied the renewal conditions for 2007–29010; FMCSA–2008–0021; FMCSA–
possessing information that would obtaining an exemption from the 2009–0011; FMCSA–2009–0291; FMCSA–
otherwise show that any, or all, of these hearing requirement in 49 CFR 2010–0050; FMCSA–2010–0082; FMCSA–
drivers are not currently achieving the 391.41(b)(11), from driving CMVs in 2011–0379; FMCSA–2012–0040; FMCSA–
statutory level of safety should interstate commerce (80 FR 22768; 80 2012–0104; FMCSA–2012–0106; FMCSA–
immediately notify FMCSA. The FR 57032)). The drivers were included 2013–0166; FMCSA–2013–0174; FMCSA–
Agency will evaluate any adverse in FMCSA–2014–0102; FMCSA–2014– 2014–0002; FMCSA–2014–0003; FMCSA–
2014–0004; FMCSA–2014–0005; FMCSA–
evidence submitted and, if safety is 0103). The exemptions were effective on 2014–0006]
being compromised or if continuation of August 26, 2016, and will expire on
the exemption would not be consistent August 26, 2018. Qualification of Drivers; Exemption
with the goals and objectives of 49 Applications; Vision
U.S.C. 31136(e) and 31315, FMCSA will IV. Conditions and Requirements
take immediate steps to revoke the AGENCY: Federal Motor Carrier Safety
The exemptions are extended subject Administration (FMCSA), DOT.
exemption of a driver. to the following conditions: (1) Each
ACTION: Notice of renewal of
III. Basis for Renewing Exemptions driver must report any crashes or
exemptions; request for comments.
accidents as defined in 49 CFR 390.5;
Under 49 U.S.C. 31315(b)(1), an
and (2) report all citations and SUMMARY: FMCSA announces its
exemption may be granted for no longer
convictions for disqualifying offenses decision to renew exemptions for 88
than two years from its approval date
under 49 CFR part 383 and 49 CFR 391 individuals from the vision requirement
and may be renewed upon application.
In accordance with 49 U.S.C. 31136(e) to FMCSA. In addition, the driver must in the Federal Motor Carrier Safety
and 31315, each of the three applicants also have a copy of the exemption when Regulations (FMCSRs) for interstate
has satisfied the renewal conditions for driving, for presentation to a duly commercial motor vehicle (CMV)
obtaining an exemption from the authorized Federal, State, or local drivers. The exemptions enable these
hearing requirement (78 FR 22772; 80 enforcement official. The driver is individuals to continue to operate CMVs
FR 22768; 80 FR 57032). In addition, for prohibited from operating a motorcoach in interstate commerce without meeting
Commercial Driver’s License (CDL) or bus with passengers in interstate the vision requirement in one eye.
holders, the Commercial Driver’s commerce. The exemption does not DATES: Each group of renewed
License Information System (CDLIS) exempt the individual from meeting the exemptions was effective on the dates
and the Motor Carrier Management applicable CDL testing requirements. stated in the discussions below and will
Information System (MCMIS) are Each exemption will be valid for two expire on the dates stated in the
searched for crash and violation data. years unless rescinded earlier by discussions below. Comments must be
For non-CDL holders, the Agency FMCSA. The exemption will be received on or before January 30, 2017.
reviews the driving records from the rescinded if: (1) The person fails to FOR FURTHER INFORMATION CONTACT: Ms.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

State Driver’s Licensing Agency (SDLA). comply with the terms and conditions Christine A. Hydock, Chief, Medical
These factors provide an adequate basis of the exemption; (2) the exemption has Programs Division, 202–366–4001,
for predicting each driver’s ability to resulted in a lower level of safety than fmcsamedical@dot.gov, FMCSA,
continue to safely operate a CMV in was maintained before it was granted; or Department of Transportation, 1200
interstate commerce. (3) continuation of the exemption would New Jersey Avenue SE., Room W64–
The three drivers in this notice not be consistent with the goals and 224, Washington, DC 20590–0001.
remain in good standing with the objectives of 49 U.S.C. 31136(e) and Office hours are from 8:30 a.m. to 5
Agency and have not exhibited any 31315. p.m., e.t., Monday through Friday,

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Document Created: 2016-12-29 01:58:24
Document Modified: 2016-12-29 01:58:24

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 renewal of exemptions; request for comments.
Dates		The renewed exemptions were effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before January 30, 2017.
Contact		Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		81 FR 96195

81 FR 96195 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration