82 FR 42414 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

Page Range		42414-42415
FR Document		2017-18984

FMCSA announces its decision to renew exemptions for four 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 172 (Thursday, September 7, 2017)

[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42414-42415]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18984]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0385]


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 four 
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 applicable on August 13, 2017. The 
exemptions expire on August 13, 2019. Comments must be received on or 
before October 10, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0385 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.

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

[[Page 42415]]

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.

SUPPLEMENTARY INFORMATION:

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 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 four 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 four 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 13, 2017, the following four drivers 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 40125):

Harold R. Deavers (WV)
Emil Iontchev (IL)
Jerald M. McCrary (NC)
William K. Jones (MN)

    The drivers were included in FMCSA-2014-0385. The exemptions were 
effective on August 13, 2017, and will expire on August 13, 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 four 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: August 30, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-18984 Filed 9-6-17; 8:45 am]
 BILLING CODE 4910-EX-P

42414 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

in this performance area, as required by Respondents: State, the District of Comments must be received on or
MAP–21. An established standard for Columbia, Puerto Rico, tribal and local before October 10, 2017.
defining serious injuries as a result of traffic records management agencies and ADDRESSES: You may submit comments
motor vehicle related crashes has been law enforcement. (75 total). bearing the Federal Docket Management
developed in the 4th edition of the Frequency: One time collection. System (FDMS) Docket No. FMCSA–
Model Minimum Uniform Crash Criteria Estimated Average Burden per 2014–0385 using any of the following
(MMUCC). MMUCC represents a Response: It will take approximately 30 methods:
voluntary and collaborative effort to minutes per participant. • Federal eRulemaking Portal: Go to
generate uniform crash data that are Estimated Total Annual Burden http://www.regulations.gov. Follow the
accurate, reliable and credible for data- Hours: Approximately 37 hours for a online instructions for submitting
driven highway safety decisions within one-time collection. comments.
a State, between States, and at the Public Comments Invited: You are • Mail: Docket Management Facility;
national level. The MMUCC defines a asked to comment on any aspect of this U.S. Department of Transportation, 1200
serious injury resulting from traffic information collection, including: (1) New Jersey Avenue SE., West Building
crashes as ‘‘Suspected Serious Injury Whether the proposed collection of Ground Floor, Room W12–140,
(A)’’ whose attributes are: Any injury, information is necessary for the U.S. Washington, DC 20590–0001.
other than fatal, which results in one or DOT’s performance, including whether • Hand Delivery: West Building
more of the following: Severe laceration the information will have practical Ground Floor, Room W12–140, 1200
resulting in exposure of underlying utility; (2) the accuracy of the U.S. New Jersey Avenue SE., Washington,
tissues, muscle, organs, or resulting in DOT’s estimate of the burden of the DC, between 9 a.m. and 5 p.m. e.t.,
significant loss of blood; broken or proposed information collection; (3) Monday through Friday, except Federal
distorted extremity (arm or leg); crush ways to enhance the quality, usefulness, Holidays.
injuries; suspected skull, chest, or and clarity of the collected information; • Fax: 1–202–493–2251.
abdominal injury other than bruises or and (4) ways that the burden could be Instructions: Each submission must
minor lacerations; significant burns minimized, including the use of include the Agency name and the
(second and third degree burns over 10 electronic technology, without reducing docket number(s) for this notice. Note
percent or more of the body); the quality of the collected information. that all comments received will be
unconsciousness when taken from the The agency will summarize and/or posted without change to http://
crash scene; or paralysis. include your comments in the request www.regulations.gov, including any
As part of the national requirement to for OMB’s clearance of this information personal information provided. Please
report serious injuries using the collection. see the Privacy Act heading below for
MMUCC 4th Edition definition, the Authority: The Paperwork Reduction Act further information.
FHWA seeks to determine if States have of 1995; 44 U.S.C. Chapter 35, as amended; Docket: For access to the docket to
adopted the MMUCC 4th edition and 49 CFR 1.48. read background documents or
definition, attribute and coding Issued On: August 31, 2017.
comments, go to http://
convention by the required April 15, www.regulations.gov at any time or
Michael Howell,
2019 date. Specifically, States will be Room W12–140 on the ground level of
Information Collection Officer. the West Building, 1200 New Jersey
considered compliant with the serious
[FR Doc. 2017–18990 Filed 9–6–17; 8:45 am] Avenue SE., Washington, DC, between 9
injury definition requirement if it:
Maintains a statewide crash database BILLING CODE 4910–22–P a.m. and 5 p.m., e.t., Monday through
capable of accurately aggregating the Friday, except Federal holidays. The
MMUCC 4th Edition injury status FDMS is available 24 hours each day,
DEPARTMENT OF TRANSPORTATION 365 days each year. If you want
attribute for ‘‘Suspected Serious Injury
(A); Ensures the State crash database, Federal Motor Carrier Safety acknowledgment that we received your
data dictionary and crash report user Administration comments, please include a self-
manual employs the verbatim addressed, stamped envelope or
terminology and definitions for the [Docket No. FMCSA–2014–0385] postcard or print the acknowledgement
MMUCC 4th Edition injury status page that appears after submitting
Qualification of Drivers; Exemption comments online.
attribute Suspected Serious Injury (A);
Applications; Hearing Privacy Act: In accordance with 5
Ensures the police crash form employs
the verbatim MMUCC 4th Edition injury AGENCY: Federal Motor Carrier Safety U.S.C. 553(c), DOT solicits comments
status attribute for Suspected Serious Administration (FMCSA), DOT. from the public to better inform its
Injury (A); Ensures that the seven rulemaking process. DOT posts these
ACTION: Notice of renewal of
serious injury types specified in the comments, without edit, including any
exemptions; request for comments.
Suspected Serious Injury (A) attribute personal information the commenter
are not included in any of the other SUMMARY: FMCSA announces its provides, to http://www.regulations.gov,
attributes listed in the States’ injury decision to renew exemptions for four as described in the system of records
status data elements are MMUCC individuals from the hearing notice (DOT/ALL–14 FDMS), which can
compliant. requirement in the Federal Motor be reviewed at http://www.dot.gov/
The purpose of the information Carrier Safety Regulations (FMCSRs) for privacy.
collection is to assess each States’ interstate commercial motor vehicle FOR FURTHER INFORMATION CONTACT: Ms.
mstockstill on DSK30JT082PROD with NOTICES

ability to report serious injuries using (CMV) drivers. The exemptions enable Christine A. Hydock, Chief, Medical
the new Federal definition. This these hard of hearing and deaf Programs Division, 202–366–4001,
assessment will require consultation individuals to continue to operate CMVs fmcsamedical@dot.gov, FMCSA,
with the State database owner, State law in interstate commerce. Department of Transportation, 1200
enforcement agency and possibly DATES: The renewed exemptions were New Jersey Avenue SE., Room W64–
county and municipal law enforcement applicable on August 13, 2017. The 224, Washington, DC 20590–0001.
agencies that don’t use the State form. exemptions expire on August 13, 2019. Office hours are from 8:30 a.m. to 5

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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42415

p.m., e.t., Monday through Friday, and may be renewed upon application. Each exemption will be valid for two
except Federal holidays. If you have In accordance with 49 U.S.C. 31136(e) years unless rescinded earlier by
questions regarding viewing or and 31315, each of the twelve FMCSA. The exemption will be
submitting material to the docket, applicants has satisfied the renewal rescinded if: (1) The person fails to
contact Docket Services, telephone (202) conditions for obtaining an exemption comply with the terms and conditions
366–9826. from the hearing requirement (80 FR of the exemption; (2) the exemption has
SUPPLEMENTARY INFORMATION: 57032; 80 FR 60747). In addition, for resulted in a lower level of safety than
Commercial Driver’s License (CDL) was maintained before it was granted; or
I. Background holders, the Commercial Driver’s (3) continuation of the exemption would
Under 49 U.S.C. 31136(e) and 31315, License Information System (CDLIS) not be consistent with the goals and
FMCSA may grant an exemption for two and the Motor Carrier Management objectives of 49 U.S.C. 31136(e) and
years if it finds ‘‘such exemption would Information System (MCMIS) are 31315.
likely achieve a level of safety that is searched for crash and violation data. V. Conclusion
equivalent to or greater than the level For non-CDL holders, the Agency
that would be achieved absent such reviews the driving records from the Based upon its evaluation of the four
exemption.’’ The statute also allows the State Driver’s Licensing Agency (SDLA). exemption applications, FMCSA renews
Agency to renew exemptions at the end These factors provide an adequate basis the exemptions of the aforementioned
of the two-year period. for predicting each driver’s ability to drivers from the hearing requirement in
The physical qualification standard continue to safely operate a CMV in 49 CFR 391.41 (b)(11). In accordance
for drivers regarding hearing found in interstate commerce. with 49 U.S.C. 31136(e) and 31315, each
49 CFR 391.41(b)(11) states that a The four drivers in this notice remain exemption will be valid for two years
person is physically qualified to drive a in good standing with the Agency and unless revoked earlier by FMCSA.
CMV if that person: have not exhibited any medical issues Issued on: August 30, 2017.
First perceives a forced whispered voice in that would compromise their ability to Larry W. Minor,
the better ear at not less than 5 feet with or safely operate a CMV during the Associate Administrator for Policy.
without the use of a hearing aid or, if tested previous two-year exemption period. [FR Doc. 2017–18984 Filed 9–6–17; 8:45 am]
by use of an audiometric device, does not FMCSA has concluded that renewing BILLING CODE 4910–EX–P
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
and 2,000 Hz with or without a hearing aid safety equal to that existing without the
when the audiometric device is calibrated to
DEPARTMENT OF TRANSPORTATION
American National Standard (formerly ASA
exemption. Therefore, FMCSA has
Standard) Z24.5—1951. decided to renew each exemption for a Federal Motor Carrier Safety
two-year period. In accordance with 49 Administration
49 CFR 391.41(b)(11) was adopted in U.S.C. 31136(e) and 31315, each driver
1970, with a revision in 1971 to allow [Docket No. FMCSA–2017–0197]
has received a renewed exemption.
drivers to be qualified under this As of August 13, 2017, the following Hours of Service of Drivers: National
standard while wearing a hearing aid, four drivers have satisfied the renewal Asphalt Pavement Association, Inc.;
35 FR 6458, 6463 (April 22, 1970) and conditions for obtaining an exemption Application for Exemption
36 FR 12857 (July 3, 1971). from the hearing requirement in 49 CFR
The four individuals listed in this 391.41(b)(11), from driving CMVs in AGENCY: Federal Motor Carrier Safety
notice have requested renewal of their interstate commerce (80 FR 40125): Administration (FMCSA), DOT.
exemptions from the hearing standard ACTION: Notice of application for
in 49 CFR 391.41(b)(11), in accordance Harold R. Deavers (WV)
exemption; request for comments.
with FMCSA procedures. Accordingly, Emil Iontchev (IL)
FMCSA has evaluated these Jerald M. McCrary (NC) SUMMARY: FMCSA announces that it has
applications for renewal on their merits William K. Jones (MN) received an application from the
and decided to extend each exemption The drivers were included in National Asphalt Pavement Association,
for a renewable two-year period. FMCSA–2014–0385. The exemptions (Inc.) (NAPA) requesting exemptions
were effective on August 13, 2017, and from two requirements of the hours-of-
II. Request for Comments will expire on August 13, 2019. service (HOS) regulations for drivers of
Interested parties or organizations certain commercial motor vehicles
IV. Conditions and Requirements (CMVs) operated by NAPA members,
possessing information that would
otherwise show that any, or all, of these The exemptions are extended subject the 30-minute rest break provision and
drivers are not currently achieving the to the following conditions: (1) Each the requirement that short-haul drivers
statutory level of safety should driver must report any crashes or utilizing the record of duty status
immediately notify FMCSA. The accidents as defined in 49 CFR 390.5; (RODS) exception return to their work-
Agency will evaluate any adverse and (2) report all citations and reporting location within 12 hours of
evidence submitted and, if safety is convictions for disqualifying offenses coming on duty. The first exemption
being compromised or if continuation of under 49 CFR part 383 and 49 CFR 391 would enable drivers engaged in the
the exemption would not be consistent to FMCSA. In addition, the driver must transportation of asphalt and related
with the goals and objectives of 49 also have a copy of the exemption when materials to use 30 minutes or more of
U.S.C. 31136(e) and 31315, FMCSA will driving, for presentation to a duly on-duty ‘‘waiting time’’ to satisfy the
mstockstill on DSK30JT082PROD with NOTICES

take immediate steps to revoke the authorized Federal, State, or local requirement for the 30-minute rest
exemption of a driver. enforcement official. The driver is break, provided they do not perform any
prohibited from operating a motorcoach other work during the break. The second
III. Basis for Renewing Exemptions or bus with passengers in interstate exemption would allow these drivers to
Under 49 U.S.C. 31315(b)(1), an commerce. The exemption does not use the short-haul exception but return
exemption may be granted for no longer exempt the individual from meeting the to their work-reporting location within
than two years from its approval date applicable CDL testing requirements. 14 hours instead of the usual 12 hours.

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Document Created: 2017-09-07 02:01:24
Document Modified: 2017-09-07 02:01:24

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 applicable on August 13, 2017. The exemptions expire on August 13, 2019. Comments must be received on or before October 10, 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 42414

82 FR 42414 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration