82 FR 58678 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 238 (December 13, 2017)

Page Range		58678-58679
FR Document		2017-26870

FMCSA announces its decision to renew exemptions for five 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 238 (Wednesday, December 13, 2017)

[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Notices]
[Pages 58678-58679]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26870]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0387]


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 five 
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 exemptions were applicable on October 22, 2017. The 
exemptions expire on October 22, 2019. Comments must be received on or 
before January 12, 2018.

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-2014-0387 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,

[[Page 58679]]

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 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 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 five 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 five 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The five drivers in this notice 
remain in good standing with the Agency. 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 October 22, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following five individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers.

Jon Burley (CO)
Jennifer Campbell (CO)
Richard Carter (MD)
Clint Harmon (IL)
Tami Richardson (NE)

    The drivers were included in docket number FMCSA-2014-0387. Their 
exemptions are applicable as of October 22, 2017, and will expire on 
October 22, 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; 
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 five exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the hearing 
requirement in 49 CFR 391.41 (b)(11). In accordance with 49 U.S.C. 
31136(e) and 31315, each exemption will be valid for two years unless 
revoked earlier by FMCSA.

    Issued on: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26870 Filed 12-12-17; 8:45 am]
 BILLING CODE 4910-EX-P

58678 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices

Tracy D. Henderson (NM) Donald L. Strand (MT) and objectives of 49 U.S.C. 31136 and
Gary H. Jacobs (VT) Rick L. Vosburg (CA) 31315.
Jack L. Lane Jr. (KS) William G. Wressell (WA) Issued on: December 6, 2017.
Thomas J. Leffingwell (NY) Randy P. Young (IN)
Larry W. Minor,
Donald R. Meckley, Jr. (MD) The drivers were included in docket Associate Administrator for Policy.
Jeffrey K. Moore (KY) number FMCSA–2015–0066. Their
Sidney T. Nalley, Jr. (GA) [FR Doc. 2017–26872 Filed 12–12–17; 8:45 am]
exemptions are applicable as of
Jason B. Nolte (IN) September 17, 2017, and will expire on BILLING CODE 4910–EX–P

James G. Pruitt (MO) September 17, 2019.
Thomas V. Ransom (ID) As of September 18, 2017, and in
Raymond D. Reber (IN) DEPARTMENT OF TRANSPORTATION
accordance with 49 U.S.C. 31136(e) and
Jackson A. Savarese (CA) 31315, the following six individuals Federal Motor Carrier Safety
Richard A. Sawyer (ME) have satisfied the renewal conditions for Administration
Bruno T. Schizzano (NY) obtaining an exemption from the rule
Christopher S. Seago (NE) prohibiting drivers with ITDM from [Docket No. FMCSA–2014–0387]
Joseph W. Sprague (NM) driving CMVs in interstate commerce
Derrick L. Vaughan (TX) Qualification of Drivers; Exemption
(78 FR 38439; 78 FR 60014):
Anthony J. Vicario (NY) Applications; Hearing
Larry K. Brindle (KS)
Henry D. Yeska III (PA) Donald F. Kurzejewski (PA) AGENCY: Federal Motor Carrier Safety
The drivers were included in docket Joshua O. Lilly (VA) Administration (FMCSA), DOT.
number FMCSA–2015–0065. Their Steven C. Lundberg (IA) ACTION: Notice of renewal of
exemptions are applicable as of Roger D. Mott (IA) exemptions; request for comments.
September 12, 2017, and will expire on Christopher J. Wisner (MD)
September 12, 2019. The drivers were included in docket SUMMARY: FMCSA announces its
As of September 17, 2017, and in number FMCSA–2013–0020. Their decision to renew exemptions for five
accordance with 49 U.S.C. 31136(e) and exemptions are applicable as of individuals from the hearing
31315, the following 40 individuals September 18, 2017, and will expire on requirement in the Federal Motor
have satisfied the renewal conditions for September 18, 2019. Carrier Safety Regulations (FMCSRs) for
obtaining an exemption from the rule As of September 22, 2017, and in interstate commercial motor vehicle
prohibiting drivers with ITDM from accordance with 49 U.S.C. 31136(e) and (CMV) drivers. The exemptions enable
driving CMVs in interstate commerce 31315, the following 15 individuals these hard of hearing and deaf
(80 FR 49304; 80 FR 79399): have satisfied the renewal conditions for individuals to continue to operate CMVs
Joshua E. Adkins (KS) obtaining an exemption from the rule in interstate commerce.
Rosendo R. Amador (TX) prohibiting drivers with ITDM from DATES: The exemptions were applicable
George H. Bonney, Jr. (NH) driving CMVs in interstate commerce on October 22, 2017. The exemptions
John J. D’Agostino (NJ) (74 FR 37288; 74 FR 48641): expire on October 22, 2019. Comments
James R. Ditman (IN) Michael F. Arthur (ME) must be received on or before January
Eric D. Egan (IL) Roelf F. Aufforth (MN) 12, 2018.
Walter R. Elser (VT) Christopher S. Cate (NH) FOR FURTHER INFORMATION CONTACT: Ms.
Ryan S. Farrell (MA) Raymond A. Dietz (FL) Christine A. Hydock, Chief, Medical
Patrick F. Felix (WI) Steven C. Ellenberger (NE) Programs Division, 202–366–4001,
Jermaine Galle (GA) Dori A. Hoffmann (NE) fmcsamedical@dot.gov, FMCSA,
Gary A. Gross (SD) William C. Howard (VA) Department of Transportation, 1200
Terry L. Guynes (MO) Steven A. Mayhew (NY) New Jersey Avenue SE, Room W64–224,
Colin W. Hale (NY) Michael G. Mulder (MN) Washington, DC 20590–0001. Office
Clarence Hill (NY) Bradley D. Nickles, Jr. (NH) hours are from 8:30 a.m. to 5 p.m., e.t.,
Marcus Hughes (GA) Frank A. Rhodes (WI) Monday through Friday, except Federal
Michael C. Lewis (SD) James B. Roth (IL) holidays. If you have questions
Robert L. Moberly (OR) Matthew T. Russell (TN) regarding viewing or submitting
Jason L. Montgomery (WA) Tranquilino D. Sena (NM) material to the docket, contact Docket
John F. Mortieau (MT) John A. Serth, Jr. (NY) Services, telephone (202) 366–9826.
Alexander Musalin (WA) The drivers were included in docket ADDRESSES: You may submit comments
Clark E. Najac (NY) number FMCSA–2009–0174. Their bearing the Federal Docket Management
Matthew S. Ness (WI) exemptions are applicable as of System (FDMS) Docket No. FMCSA–
Andrew T. Oezer (MI) September 22, 2017, and will expire on 2014–0387 using any of the following
Vanja Pazin (OR) September 22, 2019. methods:
Troy A. Pearl (WA) In accordance with 49 U.S.C. 31315, • Federal eRulemaking Portal: Go to
Randell J. Pecenka (IA) each exemption will be valid for two http://www.regulations.gov. Follow the
Leonard M. Radford (IN) years from the effective date unless online instructions for submitting
Jerry J. Rava (CA) revoked earlier by FMCSA. The comments.
William J. Rixon Jr. (NJ) exemption will be revoked if the • Mail: Docket Management Facility;
sradovich on DSK3GMQ082PROD with NOTICES

Matias Rodriguez Jr. (CT) following occurs: (1) The person fails to U.S. Department of Transportation, 1200
William J. Schrade (CT) comply with the terms and conditions New Jersey Avenue SE, West Building
John W. Schwirian (PA) of the exemption; (2) the exemption has Ground Floor, Room W12–140,
Shain L. Simpson (UT) resulted in a lower level of safety than Washington, DC 20590–0001.
Neil E. Smith (KS) was maintained prior to being granted; • Hand Delivery: West Building
Joey F. Starnes (AL) or (3) continuation of the exemption Ground Floor, Room W12–140, 1200
Joshua R. Stieb (CO) would not be consistent with the goals New Jersey Avenue SE, Washington,

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Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices 58679

DC, between 9 a.m. and 5 p.m., e.t., audiometric device is calibrated to Jennifer Campbell (CO)
Monday through Friday, except Federal American National Standard (formerly Richard Carter (MD)
Holidays. ASA Standard) Z24.5—1951.
• Fax: 1–202–493–2251. 49 CFR 391.41(b)(11) was adopted in Clint Harmon (IL)
Instructions: Each submission must 1970, with a revision in 1971 to allow Tami Richardson (NE)
include the Agency name and the drivers to be qualified under this
docket number(s) for this notice. Note standard while wearing a hearing aid, The drivers were included in docket
that all comments received will be 35 FR 6458, 6463 (April 22, 1970) and number FMCSA–2014–0387. Their
posted without change to http:// 36 FR 12857 (July 3, 1971). exemptions are applicable as of October
www.regulations.gov, including any The five individuals listed in this 22, 2017, and will expire on October 22,
personal information provided. Please notice have requested renewal of their 2019.
see the Privacy Act heading below for exemptions from the hearing standard
IV. Conditions and Requirements
further information. in 49 CFR 391.41(b)(11), in accordance
Docket: For access to the docket to with FMCSA procedures. Accordingly, The exemptions are extended subject
read background documents or FMCSA has evaluated these to the following conditions: (1) Each
comments, go to http:// applications for renewal on their merits driver must report any crashes or
www.regulations.gov at any time or and decided to extend each exemption accidents as defined in 49 CFR 390.5;
Room W12–140 on the ground level of for a renewable two-year period. and (2) report all citations and
the West Building, 1200 New Jersey
II. Request for Comments convictions for disqualifying offenses
Avenue, SE, Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through Interested parties or organizations under 49 CFR part 383 and 49 CFR 391
Friday, except Federal holidays. The possessing information that would to FMCSA; and (3) each driver
FDMS is available 24 hours each day, otherwise show that any, or all, of these prohibited from operating a motorcoach
365 days each year. If you want drivers are not currently achieving the or bus with passengers in interstate
acknowledgment that we received your statutory level of safety should commerce. The driver must also have a
comments, please include a self- immediately notify FMCSA. The copy of the exemption when driving, for
addressed, stamped envelope or Agency will evaluate any adverse presentation to a duly authorized
postcard or print the acknowledgement evidence submitted and, if safety is Federal, State, or local enforcement
page that appears after submitting being compromised or if continuation of official. In addition, the exemption does
comments online. the exemption would not be consistent not exempt the individual from meeting
Privacy Act: In accordance with 5 with the goals and objectives of 49 the applicable CDL testing
U.S.C. 553(c), DOT solicits comments U.S.C. 31136(e) and 31315, FMCSA will requirements. Each exemption will be
from the public to better inform its take immediate steps to revoke the valid for two years unless rescinded
rulemaking process. DOT posts these exemption of a driver. earlier by FMCSA. The exemption will
comments, without edit, including any III. Basis for Renewing Exemptions be rescinded if: (1) The person fails to
personal information the commenter comply with the terms and conditions
provides, to http://www.regulations.gov, In accordance with 49 U.S.C. 31136(e)
and 31315, each of the five applicants of the exemption; (2) the exemption has
as described in the system of records resulted in a lower level of safety than
notice (DOT/ALL–14 FDMS), which can has satisfied the renewal conditions for
obtaining an exemption from the was maintained before it was granted; or
be reviewed at http://www.dot.gov/
hearing requirement. The five drivers in (3) continuation of the exemption would
privacy.
this notice remain in good standing with not be consistent with the goals and
I. Background the Agency. In addition, for Commercial objectives of 49 U.S.C. 31136(e) and
Under 49 U.S.C. 31136(e) and 31315, Driver’s License (CDL) holders, the 31315.
FMCSA may grant an exemption for five Commercial Driver’s License
V. Preemption
years if it finds ‘‘such exemption would Information System (CDLIS) and the
likely achieve a level of safety that is Motor Carrier Management Information During the period the exemption is in
equivalent to or greater than the level System (MCMIS) are searched for crash effect, no State shall enforce any law or
that would be achieved absent such and violation data. For non-CDL regulation that conflicts with this
exemption.’’ The statute also allows the holders, the Agency reviews the driving exemption with respect to a person
Agency to renew exemptions at the end records from the State Driver’s operating under the exemption.
of the five-year period. FMCSA grants Licensing Agency (SDLA). These factors
exemptions from the FMCSRs for a two- provide an adequate basis for predicting VI. Conclusion
year period to align with the maximum each driver’s ability to continue to
safely operate a CMV in interstate Based upon its evaluation of the five
duration of a driver’s medical
certification. commerce. Therefore, FMCSA exemption applications, FMCSA renews
The physical qualification standard concludes that extending the exemption the exemptions of the aforementioned
for drivers regarding hearing found in for each of these drivers for a period of drivers from the hearing requirement in
49 CFR 391.41(b)(11) states that a two years is likely to achieve a level of 49 CFR 391.41 (b)(11). In accordance
person is physically qualified to driver safety equal to that existing without the with 49 U.S.C. 31136(e) and 31315, each
a CMV if that person first perceives a exemption. exemption will be valid for two years
forced whispered voice in the better ear As of October 22, 2017, and in unless revoked earlier by FMCSA.
sradovich on DSK3GMQ082PROD with NOTICES

at not less than 5 feet with or without accordance with 49 U.S.C. 31136(e) and Issued on: December 4, 2017.
the use of a hearing aid or, if tested by 31315, the following five individuals
Larry W. Minor,
use of an audiometric device, does not have satisfied the renewal conditions for
have an average hearing loss in the obtaining an exemption from the Associate Administrator for Policy.
better ear greater than 40 decibels at 500 hearing requirement in the FMCSRs for [FR Doc. 2017–26870 Filed 12–12–17; 8:45 am]
Hz, 1,000 Hz, and 2,000 Hz with or interstate CMV drivers. BILLING CODE 4910–EX–P
without a hearing aid when the Jon Burley (CO)

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Document Created: 2017-12-13 01:24:02
Document Modified: 2017-12-13 01:24:02

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 exemptions were applicable on October 22, 2017. The exemptions expire on October 22, 2019. Comments must be received on or before January 12, 2018.
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 58678

82 FR 58678 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 238 (December 13, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration