82 FR 32922 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 136 (July 18, 2017)

Page Range		32922-32923
FR Document		2017-15024

FMCSA announces its decision to renew exemptions for two 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 136 (Tuesday, July 18, 2017)

[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32922-32923]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15024]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0383; FMCSA-2014-0102]


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 two 
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 August 17, 
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-2014-0383; FMCSA-2013-0102 
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.
    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:

    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 two 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.

[[Page 32923]]

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 two 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 May 8, 2017, Mark Dickson (TX), has satisfied the renewal 
conditions for obtaining an exemption from the requirement in 49 CFR 
391.41(b)(11), from driving CMVs in interstate commerce (80 FR 18697).
    The driver was included in FMCSA-2014-0383. The exemption was 
effective on May 8, 2017, and will expire on May 8, 2019.
    As of May 21, 2017, Timothy Gallagher (PA), has satisfied the 
renewal conditions for obtaining an exemption from the requirement in 
49 CFR 391.41(b)(11), from driving CMVs in interstate commerce (78 FR 
22768).
    The driver was included in FMCSA-2014-0102. The exemption was 
effective on May 21, 2017, and will expire on May 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.

V. Conclusion

    Based upon its evaluation of the nine 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: July 7, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15024 Filed 7-17-17; 8:45 am]
 BILLING CODE 4910-EX-P

32922 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices

driver must provide a copy of the DATES: The renewed exemptions were from the public to better inform its
annual medical certification to the effective on the dates stated in the rulemaking process. DOT posts these
employer for retention in the driver’s discussions below and will expire on comments, without edit, including any
qualification file and retains a copy of the dates stated in the discussions personal information the commenter
the certification on his/her person while below. Comments must be received on provides, to http://www.regulations.gov,
driving for presentation to a duly or before August 17, 2017. as described in the system of records
authorized Federal, State, or local FOR FURTHER INFORMATION CONTACT: Ms. notice (DOT/ALL–14 FDMS), which can
enforcement official. The exemption Christine A. Hydock, Chief, Medical be reviewed at http://www.dot.gov/
will be rescinded if: (1) The person fails Programs Division, 202–366–4001, privacy.
to comply with the terms and fmcsamedical@dot.gov, FMCSA,
conditions of the exemption; (2) the Department of Transportation, 1200 I. Background
exemption has resulted in a lower level New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315,
of safety than was maintained before it 224, Washington, DC 20590–0001. FMCSA may grant an exemption for two
was granted; or (3) continuation of the Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would
exemption would not be consistent with p.m., e.t., Monday through Friday, likely achieve a level of safety that is
the goals and objectives of 49 U.S.C. except Federal holidays. If you have equivalent to or greater than the level
31136(e) and 31315. questions regarding viewing or that would be achieved absent such
submitting material to the docket, exemption.’’ The statute also allows the
IV. Preemption
contact Docket Services, telephone (202) Agency to renew exemptions at the end
During the period the exemption is in 366–9826. of the two-year period.
effect, no State shall enforce any law or ADDRESSES: You may submit comments
regulation that conflicts with this bearing the Federal Docket Management The physical qualification standard
exemption with respect to a person System (FDMS) Docket No. FMCSA– for drivers regarding hearing found in
operating under the exemption. 2014–0383; FMCSA–2013–0102 using 49 CFR 391.41(b)(11) states that a
any of the following methods: person is physically qualified to driver
VI. Conclusion a CMV if that person:
• Federal eRulemaking Portal: Go to
Based upon its evaluation of the 125 http://www.regulations.gov. Follow the First perceives a forced whispered voice in
exemption applications, FMCSA renews online instructions for submitting the better ear at not less than 5 feet with or
the exemptions of the aforementioned comments. without the use of a hearing aid or, if tested
drivers from the vision requirement in • Mail: Docket Management Facility; by use of an audiometric device, does not
49 CFR 391.41(b)(10), subject to the U.S. Department of Transportation, 1200 have an average hearing loss in the better ear
requirements cited above (49 CFR New Jersey Avenue SE., West Building greater than 40 decibels at 500 Hz, 1,000 Hz,
391.64(b)). In accordance with 49 U.S.C. Ground Floor, Room W12–140, and 2,000 Hz with or without a hearing aid
31136(e) and 31315, each exemption Washington, DC 20590–0001. when the audiometric device is calibrated to
will be valid for two years unless • Hand Delivery: West Building American National Standard (formerly ASA
revoked earlier by FMCSA. Ground Floor, Room W12–140, 1200 Standard) Z24.5–1951.
Issued on: July 7, 2017.
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m. e.t., 49 CFR 391.41(b)(11) was adopted in
Larry W. Minor, 1970, with a revision in 1971 to allow
Monday through Friday, except Federal
Associate Administrator for Policy. Holidays. drivers to be qualified under this
[FR Doc. 2017–15026 Filed 7–17–17; 8:45 am] • Fax: 1–202–493–2251. standard while wearing a hearing aid,
BILLING CODE 4910–EX–P Instructions: Each submission must 35 FR 6458, 6463 (April 22, 1970) and
include the Agency name and the 36 FR 12857 (July 3, 1971).
docket number(s) for this notice. Note The two individuals listed in this
DEPARTMENT OF TRANSPORTATION that all comments received will be notice have requested renewal of their
posted without change to http:// exemptions from the hearing standard
Federal Motor Carrier Safety www.regulations.gov, including any
Administration in 49 CFR 391.41(b)(11), in accordance
personal information provided. Please
with FMCSA procedures. Accordingly,
see the Privacy Act heading below for
[Docket No. FMCSA–2014–0383; FMCSA– FMCSA has evaluated these
further information.
2014–0102]
Docket: For access to the docket to applications for renewal on their merits
read background documents or and decided to extend each exemption
Qualification of Drivers; Exemption for a renewable two-year period.
Applications; Hearing comments, go to http://
www.regulations.gov at any time or II. Request for Comments
AGENCY: Federal Motor Carrier Safety Room W12–140 on the ground level of
Administration (FMCSA), DOT. the West Building, 1200 New Jersey Interested parties or organizations
ACTION: Notice of renewal of Avenue SE., Washington, DC, between 9 possessing information that would
exemptions; request for comments. a.m. and 5 p.m., e.t., Monday through otherwise show that any, or all, of these
Friday, except Federal holidays. The drivers are not currently achieving the
SUMMARY: FMCSA announces its FDMS is available 24 hours each day, statutory level of safety should
decision to renew exemptions for two 365 days each year. If you want immediately notify FMCSA. The
individuals from the hearing Agency will evaluate any adverse
sradovich on DSK3GMQ082PROD with NOTICES

acknowledgment that we received your
requirement in the Federal Motor comments, please include a self- evidence submitted and, if safety is
Carrier Safety Regulations (FMCSRs) for addressed, stamped envelope or being compromised or if continuation of
interstate commercial motor vehicle postcard or print the acknowledgement the exemption would not be consistent
(CMV) drivers. The exemptions enable page that appears after submitting with the goals and objectives of 49
these hard of hearing and deaf comments online. U.S.C. 31136(e) and 31315, FMCSA will
individuals to continue to operate CMVs Privacy Act: In accordance with 5 take immediate steps to revoke the
in interstate commerce. U.S.C. 553(c), DOT solicits comments exemption of a driver.

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Document Created: 2018-10-24 11:23:59
Document Modified: 2018-10-24 11:23:59

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 August 17, 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 32922

82 FR 32922 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 136 (July 18, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration