82 FR 44870 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 185 (September 26, 2017)

Page Range		44870-44871
FR Document		2017-20524

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 individual to continue to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 185 (Tuesday, September 26, 2017)

[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Notices]
[Pages 44870-44871]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20524]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0386]


Qualification of Drivers; Exemption Applications; Hearing

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

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

-----------------------------------------------------------------------

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 
individual to continue to operate CMVs in interstate commerce.

DATES: The renewed exemptions were applicable on September 12, 2017. 
The exemptions expire on September 12, 2019. Comments must be received 
on or before October 26, 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-2014-0386 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. 
ET, 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., ET, 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 five 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 five-year period. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum

[[Page 44871]]

duration of a driver's medical certification.
    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.

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the two 
applicants have satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement (80 FR 48394). 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. Therefore, FMCSA concludes 
that extending the exemption for each of these drivers for a period of 
two years is likely to achieve a level of safety equal to that existing 
without the exemption.
    As of September 12, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following two individuals, have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (80 FR 48394): Casey Wayne 
Patrick (WA) and Eduwin Pineiro (NJ).
    The drivers were included in docket number FMCSA-2014-0386. The 
exemptions were applicable on September 12, 2017, and will expire on 
September 12, 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; (2) report all citations and convictions for disqualifying 
offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA, and (3) each 
driver prohibited from operating a motorcoach or bus with passengers in 
interstate commerce. The driver must also have a copy of the exemption 
when driving, for presentation to a duly authorized Federal, State, or 
local enforcement official. In addition, 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. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the two 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: September 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-20524 Filed 9-25-17; 8:45 am]
 BILLING CODE 4910-EX-P

44870 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices

the summary is intended to affect the 9l.103(b), 91.119, 91.121, 91.151, System (FDMS) Docket No. FMCSA–
legal status of the petition or its final 91.215, 91.203(a) and (b), 9l.405(a), 2014–0386 using any of the following
disposition. 9l.407(a), 91.409(a), 91.417(a) and (b) of methods:
14 Code of Federal Regulations (14 • Federal eRulemaking Portal: Go to
DATES: Comments on this petition must
CFR). http://www.regulations.gov. Follow the
identify the petition docket number and
Description of Relief Sought: The online instructions for submitting
must be received on or before October
petitioner, a Class I freight railroad, is comments.
16, 2017. • Mail: Docket Management Facility;
seeking an exemption pursuant to
ADDRESSES: Send comments identified Section 2210 of the FAA Extension, U.S. Department of Transportation, 1200
by docket number FAA–2017–0761 Safety, and Security Act of 2016, to New Jersey Avenue SE., West Building
using any of the following methods: commercia lly operate small unmanned Ground Floor, Room W12–140,
• Federal eRulemaking Portal: Go to aircraft systems (UAS) beyond visual Washington, DC 20590–0001.
http://www.regulations.gov and follow line of sight (BVLOS) over BNSF owned • Hand Delivery: West Building
the online instructions for sending your or controlled land in support of Ground Floor, Room W12–140, 1200
comments electronically. activities described in Section2210, New Jersey Avenue SE., Washington,
• Mail: Send comments to Docket paragraph (b). The inspection of railroad DC, between 9 a.m. and 5 p.m. ET,
Operations, M–30; U.S. Department of infrastructure and operations involving Monday through Friday, except Federal
Transportation (DOT), 1200 New Jersey repair, construction, maintenance, or Holidays.
Avenue SE., Room W12–140, West protection of covered facilities will • Fax: 1–202–493–2251.
Building Ground Floor, Washington, DC occur during both day and night. Instructions: Each submission must
20590–0001. [FR Doc. 2017–20498 Filed 9–25–17; 8:45 am] include the Agency name and the
• Hand Delivery or Courier: Take BILLING CODE 4910–13–P docket number(s) for this notice. Note
comments to Docket Operations in that all comments received will be
Room Wl2–140 of the West Building posted without change to http://
Ground Floor at 1200 New Jersey DEPARTMENT OF TRANSPORTATION www.regulations.gov, including any
Avenue SE., Washington, DC 20590– personal information provided. Please
0001, between 9 a.m. and 5 p.m., Federal Motor Carrier Safety see the Privacy Act heading below for
Monday through Friday, except Federal Administration further information.
holidays. [Docket No. FMCSA–2014–0386] Docket: For access to the docket to
• Fax: Fax comments to Docket read background documents or
Operations at (202) 493–2251. Qualification of Drivers; Exemption comments, go to http://
Privacy: In accordance with 5 U.S.C. Applications; Hearing www.regulations.gov at any time or
553(c), DOT solicits comments from the Room W12–140 on the ground level of
public to better inform its rulemaking AGENCY: Federal Motor Carrier Safety the West Building, 1200 New Jersey
process. DOT posts these comments, Administration (FMCSA), DOT. Avenue SE., Washington, DC, between 9
without edit, including any personal ACTION: Notice of renewal of a.m. and 5 p.m., ET, Monday through
information the commenter provides, to exemptions; request for comments. Friday, except Federal holidays. The
http://www.regulations. gov, as SUMMARY: FMCSA announces its FDMS is available 24 hours each day,
described in the system ofrecords notice decision to renew exemptions for two 365 days each year. If you want
(DOT/ALL–14 FDMS), which can be individuals from the hearing acknowledgment that we received your
reviewed at http://ww\v.dot.gov/ requirement in the Federal Motor comments, please include a self-
privacv. Carrier Safety Regulations (FMCSRs) for addressed, stamped envelope or
Docket: Background documents or interstate commercial motor vehicle postcard or print the acknowledgement
comments received may be read at (CMV) drivers. The exemptions enable page that appears after submitting
http://www.regulations.gov at any time. these hard of hearing and deaf comments online.
Follow the online instructions for individual to continue to operate CMVs Privacy Act: In accordance with 5
accessing the docket or go to the Docket in interstate commerce. U.S.C. 553(c), DOT solicits comments
Operations in Room Wl2–140 of the from the public to better inform its
DATES: The renewed exemptions were
West Building Ground Floor at 1200 rulemaking process. DOT posts these
applicable on September 12, 2017. The comments, without edit, including any
New Jersey Avenue SE., Washington, exemptions expire on September 12,
DC 20590–0001, between 9 a.m. and 5 personal information the commenter
2019. Comments must be received on or provides, to http://www.regulations.gov,
p.m., Monday through Friday, except before October 26, 2017.
Federal holidays. as described in the system of records
FOR FURTHER INFORMATION CONTACT: Ms. notice (DOT/ALL–14 FDMS), which can
FOR FURTHER INFORMATION CONTACT: Jake Christine A. Hydock, Chief, Medical
Troutman (202) 683–7788, Office of be reviewed at http://www.dot.gov/
Programs Division, 202–366–4001, privacy.
Rulemaking, Federal Aviation fmcsamedical@dot.gov, FMCSA,
Administration, 800 Independence Department of Transportation, 1200 I. Background
Avenue SW., Washington, DC 20591. New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315,
This notice is published pursuant to 224, Washington, DC 20590–0001. FMCSA may grant an exemption for five
14 CFR 11.85. Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would
Lirio Liu, p.m., e.t., Monday through Friday, likely achieve a level of safety that is
Director, Office of Rulemaking. except Federal holidays. If you have equivalent to or greater than the level
questions regarding viewing or that would be achieved absent such
Petition for Exemption submitting material to the docket, exemption.’’ The statute also allows the
Docket No.: FAA–2017–0761 contact Docket Services, telephone (202) Agency to renew exemptions at the end
Petitioner: BNSF Railway Company 366–9826. of the five-year period. FMCSA grants
Section(s) of 14 CFR Affected: Part 21; ADDRESSES: You may submit comments exemptions from the FMCSRs for a two-
§§ 45.23(b), 6l.l13(a) and (b), 9I.7(a), bearing the Federal Docket Management year period to align with the maximum

VerDate Sep<11>2014 18:28 Sep 25, 2017 Jkt 241001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1

Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices 44871

duration of a driver’s medical extending the exemption for each of Issued on: September 19, 2017.
certification. these drivers for a period of two years Larry W. Minor,
The physical qualification standard is likely to achieve a level of safety Associate Administrator for Policy.
for drivers regarding hearing found in equal to that existing without the [FR Doc. 2017–20524 Filed 9–25–17; 8:45 am]
49 CFR 391.41(b)(11) states that a exemption. BILLING CODE 4910–EX–P
person is physically qualified to driver As of September 12, 2017, and in
a CMV if that person: accordance with 49 U.S.C. 31136(e) and
First perceives a forced whispered voice in 31315, the following two individuals, DEPARTMENT OF TRANSPORTATION
the better ear at not less than 5 feet with or have satisfied the renewal conditions for
without the use of a hearing aid or, if tested obtaining an exemption from the Federal Motor Carrier Safety
by use of an audiometric device, does not hearing requirement in the FMCSRs for Administration
have an average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000 Hz,
interstate CMV drivers (80 FR 48394): [Docket No. FMCSA–2017–0270]
and 2,000 Hz with or without a hearing aid Casey Wayne Patrick (WA) and Eduwin
when the audiometric device is calibrated to Pineiro (NJ). Hours of Service of Drivers: National
American National Standard (formerly ASA The drivers were included in docket Tank Truck Carriers; Application for
Standard) Z24.5–1951. number FMCSA–2014–0386. The Exemption
49 CFR 391.41(b)(11) was adopted in exemptions were applicable on AGENCY: Federal Motor Carrier Safety
1970, with a revision in 1971 to allow September 12, 2017, and will expire on Administration (FMCSA), DOT.
drivers to be qualified under this September 12, 2019. ACTION: Notice of application for
standard while wearing a hearing aid, exemption; request for comments.
IV. Conditions and Requirements
35 FR 6458, 6463 (April 22, 1970) and
36 FR 12857 (July 3, 1971). The exemptions are extended subject SUMMARY: FMCSA announces that it has
The two individuals listed in this to the following conditions: (1) Each received an application from the
notice have requested renewal of their driver must report any crashes or National Tank Truck Carriers, Inc.
exemptions from the hearing standard accidents as defined in 49 CFR 390.5; (NTTC) requesting exemption from the
in 49 CFR 391.41(b)(11), in accordance (2) report all citations and convictions requirement that drivers of commercial
with FMCSA procedures. Accordingly, for disqualifying offenses under 49 CFR motor vehicles (CMVs) obtain a 30-
FMCSA has evaluated these part 383 and 49 CFR 391 to FMCSA, and minute rest break. The exemption
applications for renewal on their merits (3) each driver prohibited from would enable drivers engaged in the
and decided to extend each exemption operating a motorcoach or bus with transportation of petroleum-based fuels
for a renewable two-year period. passengers in interstate commerce. The to use 30 minutes of time attending the
II. Request for Comments driver must also have a copy of the load to satisfy the 30-minute rest break
exemption when driving, for requirement. FMCSA requests public
Interested parties or organizations presentation to a duly authorized comment on NTTC’s application for
possessing information that would Federal, State, or local enforcement exemption.
otherwise show that any, or all, of these official. In addition, the exemption does
drivers are not currently achieving the DATES: Comments must be received on
not exempt the individual from meeting or before October 26, 2017.
statutory level of safety should the applicable CDL testing
immediately notify FMCSA. The ADDRESSES: You may submit comments
requirements. Each exemption will be
Agency will evaluate any adverse identified by Federal Docket
valid for two years unless rescinded
evidence submitted and, if safety is Management System Number FMCSA–
earlier by FMCSA. The exemption will
being compromised or if continuation of 2017–0270 by any of the following
be rescinded if: (1) The person fails to
the exemption would not be consistent methods:
comply with the terms and conditions • Federal eRulemaking Portal:
with the goals and objectives of 49 of the exemption; (2) the exemption has
U.S.C. 31136(e) and 31315, FMCSA will www.regulations.gov. See the Public
resulted in a lower level of safety than Participation and Request for Comments
take immediate steps to revoke the was maintained before it was granted; or
exemption of a driver. section below for further information.
(3) continuation of the exemption would • Mail: Docket Management Facility,
III. Basis for Renewing Exemptions not be consistent with the goals and U.S. Department of Transportation, 1200
In accordance with 49 U.S.C. 31136(e) objectives of 49 U.S.C. 31136(e) and New Jersey Avenue SE., West Building,
and 31315, each of the two applicants 31315. Ground Floor, Room W12–140,
have satisfied the renewal conditions for V. Preemption Washington, DC 20590–0001.
obtaining an exemption from the • Hand Delivery or Courier: West
hearing requirement (80 FR 48394). In During the period the exemption is in Building, Ground Floor, Room W12–
addition, for Commercial Driver’s effect, no State shall enforce any law or 140, 1200 New Jersey Avenue SE.,
License (CDL) holders, the Commercial regulation that conflicts with this between 9 a.m. and 5 p.m. ET, Monday
Driver’s License Information System exemption with respect to a person through Friday, except Federal holidays.
(CDLIS) and the Motor Carrier operating under the exemption. • Fax: 1–202–493–2251.
Management Information System VI. Conclusion Each submission must include the
(MCMIS) are searched for crash and Agency name and the docket number for
violation data. For non-CDL holders, the Based upon its evaluation of the two this notice. DOT posts all comments
Agency reviews the driving records exemption applications, FMCSA renews received without change to
from the State Driver’s Licensing the exemptions of the aforementioned www.regulations.gov. This includes any
Agency (SDLA). These factors provide drivers from the hearing requirement in personal information contained in a
an adequate basis for predicting each 49 CFR 391.41 (b)(11). In accordance comment. Please see the Privacy Act
driver’s ability to continue to safely with 49 U.S.C. 31136(e) and 31315, each heading below.
operate a CMV in interstate commerce. exemption will be valid for two years Docket: For access to the docket to
Therefore, FMCSA concludes that unless revoked earlier by FMCSA. read background documents or

VerDate Sep<11>2014 18:28 Sep 25, 2017 Jkt 241001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1

Document Created: 2017-09-26 02:48:34
Document Modified: 2017-09-26 02:48:34

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 September 12, 2017. The exemptions expire on September 12, 2019. Comments must be received on or before October 26, 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 44870

82 FR 44870 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 185 (September 26, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration