82 FR 16661 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 64 (April 5, 2017)

Page Range		16661-16662
FR Document		2017-06721

FMCSA announces its decision to renew exemptions for 3 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 82 Issue 64 (Wednesday, April 5, 2017)

[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Notices]
[Pages 16661-16662]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06721]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0123; FMCSA-2014-0124]


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 3 
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 May 5, 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-2013-0123; FMCSA-2013-0124 
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. 
e.t., 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.

[[Page 16662]]

    The physical qualification standard for drivers regarding hearing 
found in 49 CFR 391.41(b)(11) states 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) 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 3 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 twelve applicants has satisfied the renewal conditions for 
obtaining an exemption from the hearing requirement (80 FR 57032; 80 FR 
60747). 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 3 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 April 8, 2017, Clark Dobson (CA) 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 (79 FR 
9036). This driver was included in FMCSA-2013-0124. The exemption was 
effective on April 8, 2017, and will expire on April 8, 2019.
    As of April 8, 2017, Gregory Hill (MS) 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 (80 FR 
18926). This driver was included in FMCSA-2013-0123. The exemption was 
effective on April 8, 2017, and will expire on April 8, 2019.
    As of April 21, 2017, Ronald Rutter (WA) has satisfied renewal 
conditions for obtaining an exemption from the hearing requirement in 
49 CFR 391.41(b)(11), from driving CMVs in interstate commerce (81 FR 
12556). This driver was included in FMCSA-2013-0123. The exemption was 
effective on April 21, 2017, and will expire on April 21, 2019.

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.

IV. 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: March 29, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-06721 Filed 4-4-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices 16661

register an aircraft. Information is also collected for an aircraft when it was first ADDRESSES: You may submit comments
required for aircraft owners to renew registered. The updated registration bearing the Federal Docket Management
their registration. database will then be used by the FAA System (FDMS) Docket No. FMCSA–
DATES: Written comments should be to monitor and control U.S. airspace and 2013–0123; FMCSA–2013–0124 using
submitted by May 5, 2017. to distribute safety notices and any of the following methods:
ADDRESSES: Interested persons are airworthiness directives to aircraft • Federal eRulemaking Portal: Go to
invited to submit written comments on owners. http://www.regulations.gov. Follow the
the proposed information collection to Respondents: Approximately 165,000 online instructions for submitting
the Office of Information and Regulatory registrants and owners. comments.
Frequency: On occasion. • Mail: Docket Management Facility;
Affairs, Office of Management and
Estimated Average Burden per U.S. Department of Transportation, 1200
Budget. Comments should be addressed
Response: 30 minutes. New Jersey Avenue SE., West Building
to the attention of the Desk Officer, Estimated Total Annual Burden: Ground Floor, Room W12–140,
Department of Transportation/FAA, and 120,000 hours. Washington, DC 20590–0001.
sent via electronic mail to oira_ • Hand Delivery: West Building
submission@omb.eop.gov, or faxed to Issued in Washington, DC, on March 29,
2017. Ground Floor, Room W12–140, 1200
(202) 395–6974, or mailed to the Office New Jersey Avenue SE., Washington,
of Information and Regulatory Affairs, Ronda L. Thompson,
FAA Information Collection Clearance DC, between 9 a.m. and 5 p.m. e.t.,
Office of Management and Budget, Monday through Friday, except Federal
Docket Library, Room 10102, 725 17th Officer, Performance, Policy & Records
Management Branch, ASP–110. Holidays.
Street NW., Washington, DC 20503. • Fax: 1–202–493–2251.
[FR Doc. 2017–06749 Filed 4–4–17; 8:45 am]
FOR FURTHER INFORMATION CONTACT: Instructions: Each submission must
BILLING CODE 4910–13–P
Ronda Thompson by email at: include the Agency name and the
Ronda.Thompson@faa.gov. docket number(s) for this notice. Note
SUPPLEMENTARY INFORMATION: You are DEPARTMENT OF TRANSPORTATION that all comments received will be
asked to comment on any aspect of this posted without change to http://
information collection, including (a) Federal Motor Carrier Safety www.regulations.gov, including any
Whether the proposed collection of Administration personal information provided. Please
information is necessary for FAA’s see the Privacy Act heading below for
[Docket No. FMCSA–2012–0123; FMCSA–
performance; (b) the accuracy of the 2014–0124] further information.
estimated burden; (c) ways for FAA to Docket: For access to the docket to
enhance the quality, utility and clarity Qualification of Drivers; Exemption read background documents or
of the information collection; and (d) Applications; Hearing comments, go to http://
ways that the burden could be www.regulations.gov at any time or
minimized without reducing the quality AGENCY: Federal Motor Carrier Safety Room W12–140 on the ground level of
of the collected information. The agency Administration (FMCSA), DOT. the West Building, 1200 New Jersey
will summarize and/or include your ACTION: Notice of renewal of Avenue SE., Washington, DC, between 9
comments in the request for OMB’s exemptions; request for comments. a.m. and 5 p.m., e.t., Monday through
clearance of this information collection. Friday, except Federal holidays. The
SUMMARY: FMCSA announces its
OMB Control Number: 2120–0042. FDMS is available 24 hours each day,
decision to renew exemptions for 3
Title: Aircraft Registration and 365 days each year. If you want
individuals from the hearing
Renewal. acknowledgment that we received your
Form Numbers: 8050–1, 8050–1B, requirement in the Federal Motor
comments, please include a self-
8050–2, 8050–4, 8050–88, 8050,88A, Carrier Safety Regulations (FMCSRs) for
addressed, stamped envelope or
8050–98. interstate commercial motor vehicle
postcard or print the acknowledgement
Type of Review: Renewal of an (CMV) drivers. The exemptions enable
page that appears after submitting
information collection. these hard of hearing and deaf
comments online.
Background: The Federal Register individuals to continue to operate CMVs Privacy Act: In accordance with 5
Notice with a 60-day comment period in interstate commerce. U.S.C. 553(c), DOT solicits comments
soliciting comments on the following DATES: The renewed exemptions were from the public to better inform its
collection of information was published effective on the dates stated in the rulemaking process. DOT posts these
on December 14, 2016 (81 FR 90406). discussions below and will expire on comments, without edit, including any
There were no comments. Public Law the dates stated in the discussions personal information the commenter
103–272 states that all aircraft must be below. Comments must be received on provides, to http://www.regulations.gov,
registered before they may be flown. It or before May 5, 2017. as described in the system of records
sets forth registration eligibility FOR FURTHER INFORMATION CONTACT: Ms. notice (DOT/ALL–14 FDMS), which can
requirements and provides for Christine A. Hydock, Chief, Medical be reviewed at http://www.dot.gov/
application for registration as well as Programs Division, 202–366–4001, privacy.
suspension and/or revocation of fmcsamedical@dot.gov, FMCSA,
registration. The information collected Department of Transportation, 1200 I. Background
is used by the FAA to register an aircraft New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315,
or hold an aircraft in trust. The 224, Washington, DC 20590–0001. FMCSA may grant an exemption for two
jstallworth on DSK7TPTVN1PROD with NOTICES

information requested is required to Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would
register and prove ownership. p.m., e.t., Monday through Friday, likely achieve a level of safety that is
The information collected on an except Federal holidays. If you have equivalent to or greater than the level
Aircraft Registration Renewal questions regarding viewing or that would be achieved absent such
Application (AC Form 8050–1B) is used submitting material to the docket, exemption.’’ The statute also allows the
by the FAA to verify and update the contact Docket Services, telephone (202) Agency to renew exemptions at the end
aircraft registration information 366–9826. of the two-year period.

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16662 Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices

The physical qualification standard continue to safely operate a CMV in rescinded if: (1) The person fails to
for drivers regarding hearing found in interstate commerce. comply with the terms and conditions
49 CFR 391.41(b)(11) states that a The 3 drivers in this notice remain in of the exemption; (2) the exemption has
person is physically qualified to drive a good standing with the Agency and resulted in a lower level of safety than
CMV if that person: have not exhibited any medical issues was maintained before it was granted; or
First perceives a forced whispered voice in
that would compromise their ability to (3) continuation of the exemption would
the better ear at not less than 5 feet with or safely operate a CMV during the not be consistent with the goals and
without the use of a hearing aid or, if tested previous two-year exemption period. objectives of 49 U.S.C. 31136(e) and
by use of an audiometric device, does not FMCSA has concluded that renewing 31315.
have an average hearing loss in the better ear the exemptions for each of these
greater than 40 decibels at 500 Hz, 1,000 Hz, applicants is likely to achieve a level of IV. Conclusion
and 2,000 Hz with or without a hearing aid safety equal to that existing without the Based upon its evaluation of the three
when the audiometric device is calibrated to exemption. Therefore, FMCSA has exemption applications, FMCSA renews
American National Standard (formerly ASA decided to renew each exemption for a the exemptions of the aforementioned
Standard) Z24.5–1951.
two-year period. In accordance with 49 drivers from the hearing requirement in
49 CFR 391.41(b)(11) was adopted in U.S.C. 31136(e) and 31315, each driver 49 CFR 391.41 (b)(11). In accordance
1970, with a revision in 1971 to allow has received a renewed exemption. with 49 U.S.C. 31136(e) and 31315, each
drivers to be qualified under this As of April 8, 2017, Clark Dobson exemption will be valid for two years
standard while wearing a hearing aid, (CA) has satisfied the renewal unless revoked earlier by FMCSA.
35 FR 6458, 6463 (April 22, 1970) and conditions for obtaining an exemption Issued on: March 29, 2017.
36 FR 12857 (July 3, 1971). from the hearing requirement in 49 CFR
The 3 individuals listed in this notice Larry W. Minor,
391.41(b)(11), from driving CMVs in
have requested renewal of their interstate commerce (79 FR 9036). This Associate Administrator for Policy.
exemptions from the hearing standard driver was included in FMCSA–2013– [FR Doc. 2017–06721 Filed 4–4–17; 8:45 am]
in 49 CFR 391.41(b)(11), in accordance 0124. The exemption was effective on BILLING CODE 4910–EX–P
with FMCSA procedures. Accordingly, April 8, 2017, and will expire on April
FMCSA has evaluated these 8, 2019.
applications for renewal on their merits As of April 8, 2017, Gregory Hill (MS) DEPARTMENT OF TRANSPORTATION
and decided to extend each exemption has satisfied the renewal conditions for
Federal Motor Carrier Safety
for a renewable two-year period. obtaining an exemption from the
Administration
hearing requirement in 49 CFR
II. Request for Comments 391.41(b)(11), from driving CMVs in [Docket No. FMCSA–1999–5748; FMCSA–
Interested parties or organizations interstate commerce (80 FR 18926). This 1999–6156; FMCSA–2001–11426; FMCSA–
possessing information that would driver was included in FMCSA–2013– 2003–16564; FMCSA–2005–22194; FMCSA–
otherwise show that any, or all, of these 0123. The exemption was effective on 2005–23099; FMCSA–2006–23773; FMCSA–
drivers are not currently achieving the 2006–24015; FMCSA–2006–24783; FMCSA–
April 8, 2017, and will expire on April 2007–0017; FMCSA–2007–0071; FMCSA–
statutory level of safety should 8, 2019. 2007–29010; FMCSA–2008–0021; FMCSA–
immediately notify FMCSA. The As of April 21, 2017, Ronald Rutter 2009–0011; FMCSA–2009–0291; FMCSA–
Agency will evaluate any adverse (WA) has satisfied renewal conditions 2010–0050; FMCSA–2010–0082; FMCSA–
evidence submitted and, if safety is for obtaining an exemption from the 2011–0379; FMCSA–2012–0040; FMCSA–
being compromised or if continuation of hearing requirement in 49 CFR 2012–0104; FMCSA–2012–0106; FMCSA–
the exemption would not be consistent 391.41(b)(11), from driving CMVs in 2013–0166; FMCSA–2013–0174; FMCSA–
with the goals and objectives of 49 interstate commerce (81 FR 12556). This 2014–0002; FMCSA–2014–0003; FMCSA–
U.S.C. 31136(e) and 31315, FMCSA will driver was included in FMCSA–2013– 2014–0004; FMCSA–2014–0005; FMCSA–
2014–0006]
take immediate steps to revoke the 0123. The exemption was effective on
exemption of a driver. April 21, 2017, and will expire on April Qualification of Drivers; Exemption
21, 2019. Applications; Vision
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an IV. Conditions and Requirements AGENCY: Federal Motor Carrier Safety
exemption may be granted for no longer The exemptions are extended subject Administration (FMCSA), DOT.
than two years from its approval date to the following conditions: (1) Each ACTION: Notice of final disposition.
and may be renewed upon application. driver must report any crashes or
In accordance with 49 U.S.C. 31136(e) accidents as defined in 49 CFR 390.5; SUMMARY: FMCSA announces its
and 31315, each of the twelve and (2) report all citations and decision to renew exemptions for 88
applicants has satisfied the renewal convictions for disqualifying offenses individuals from the vision requirement
conditions for obtaining an exemption under 49 CFR part 383 and 49 CFR 391 in the Federal Motor Carrier Safety
from the hearing requirement (80 FR to FMCSA. In addition, the driver must Regulations (FMCSRs) for interstate
57032; 80 FR 60747). In addition, for also have a copy of the exemption when commercial motor vehicle (CMV)
Commercial Driver’s License (CDL) driving, for presentation to a duly drivers. The exemptions enable these
holders, the Commercial Driver’s authorized Federal, State, or local individuals to continue to operate CMVs
License Information System (CDLIS) enforcement official. The driver is in interstate commerce without meeting
and the Motor Carrier Management prohibited from operating a motorcoach the vision requirement in one eye.
jstallworth on DSK7TPTVN1PROD with NOTICES

Information System (MCMIS) are or bus with passengers in interstate DATES: Each group of renewed
searched for crash and violation data. commerce. The exemption does not exemptions was effective on the dates
For non-CDL holders, the Agency exempt the individual from meeting the stated in the discussions below and will
reviews the driving records from the applicable CDL testing requirements. expire on the dates stated in the
State Driver’s Licensing Agency (SDLA). Each exemption will be valid for two discussions below.
These factors provide an adequate basis years unless rescinded earlier by FOR FURTHER INFORMATION CONTACT: Ms.
for predicting each driver’s ability to FMCSA. The exemption will be Christine A. Hydock, Chief, Medical

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Document Created: 2018-02-01 14:47:05
Document Modified: 2018-02-01 14:47:05

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 May 5, 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		82 FR 16661

82 FR 16661 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 64 (April 5, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration