83 FR 12640 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 56 (March 22, 2018)

Page Range		12640-12641
FR Document		2018-05862

FMCSA announces its decision to exempt 46 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 56 (Thursday, March 22, 2018)

[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12640-12641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05862]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0057]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 46 individuals from the 
hearing requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate 
commerce. The exemptions enable these hard of hearing and deaf 
individuals to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on February 19, 2018. The 
exemptions expire on February 19, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/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.
    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.

II. Background

    On January 16, 2018, FMCSA published a notice announcing receipt of 
applications from 46 individuals requesting an exemption from the 
hearing requirement in 49 CFR 391.41(b)(11) to operate a CMV in 
interstate commerce and requested comments from the public (83 FR 
2314). The public comment period ended on February 15, 2018, and no 
comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these

[[Page 12641]]

individuals would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(11).
    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).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the hearing standard in 49 CFR 391.41(b)(11) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. The exemption allows the applicants 
to operate CMVs in interstate commerce.
    The Agency's decision regarding these exemption applications is 
based on current medical information and literature, and the 2008 
Evidence Report, ``Executive Summary on Hearing, Vestibular Function 
and Commercial Motor Driving Safety.'' The evidence report reached two 
conclusions regarding the matter of hearing loss and CMV driver safety: 
(1) No studies that examined the relationship between hearing loss and 
crash risk exclusively among CMV drivers were identified; and (2) 
evidence from studies of the private driver's license holder population 
does not support the contention that individuals with hearing 
impairment are at an increased risk for a crash. In addition, the 
Agency reviewed each applicant's driving record found in the Commercial 
Driver's License Information System (CDLIS), for commercial driver's 
license (CDL) holders, and inspections recorded in the Motor Carrier 
Management Information System (MCMIS). For non-CDL holders, the Agency 
reviewed the driving records from the State Driver's Licensing Agency 
(SDLA). Each applicant's record demonstrated a safe driving history. 
Based on an individual assessment of each applicant that focused on 
whether an equal or greater level of safety is likely to be achieved by 
permitting each of these drivers to drive in interstate commerce as 
opposed to restricting him or her to driving in intrastate commerce, 
the Agency believes the drivers granted this exemption have 
demonstrated that they do not pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the hearing standard in 49 CFR 391.41(b)(11) is likely 
to achieve a level of safety equal to that existing without the 
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and includes the following: (1) 
Each driver must report any crashes or accidents as defined in 49 CFR 
390.5; (2) each driver must report all citations and convictions for 
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA; 
and (3) each driver is 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.

VI. 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.

VII. Conclusion

    Based upon its evaluation of the 46 exemption applications, FMCSA 
exempts the following drivers from the hearing standard, 49 CFR 
391.41(b)(11), subject to the requirements cited above:

David Alaniz (WO)
Marion Bennett (MD)
Gordon R. Boerner (ME)
Tom M. Booe (NE)
Roy E. Bowers (GA)
Richard M. Davis (OH)
Rivera De Jesus (TX)
Christian DeKnight (FL)
Richard Doi (AZ)
Trey Duncan (TX)
Jean D. Dutes (FL)
Edward Elertson (WO)
Stephan Eveland (FL)
Richard L. Frueke (IL)
Edison M. Garcia (MD)
Adam M. Hayes (CA)
Sean Hunt (TX)
Charles W. Jones (FL)
James T. Laughrey (KS)
Jerrry L. Lewis (NC)
Michael Lidster (IL)
Stavros Likouris (OH)
Adrian Lopez (TX)
Derrick J. Marceaux (LA)
John E. Mayhew (KS)
JeMichael McCot (LA)
Magdalene McLaughlin (MD)
Pablo Muniz (FL)
Dario Novoa (FL)
Hugo Paniagua (CA)
Calvin Payne (MD)
Joseph R. Piros (CA)
Michael Quinonez (TX)
Kohn Saysanam (TX)
Jeffrey W. Schulkers (KY)
Stephan W. Stotts (OH)
Teddy Rosevelt Tice (NY)
William Tassel (OH)
Daniel R. Taylor (AL)
Jason C. Thomas (TX)
Roderick B. Thomas (GA)
Joshua Tinley (AZ)
Carlos Torres (OH)
Allen Whitener (TX)
Kerri M. Wright (OK)

    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (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 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: March 16, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-05862 Filed 3-21-18; 8:45 am]
BILLING CODE 4910-EX-P

12640 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices

public scoping meeting will be held at Advisory Committee Act (Pub. L. 92– SUMMARY: FMCSA announces its
7:00 p.m. on Tuesday, April 24, 2018 at 463, 5 U.S.C., App.), notice is hereby decision to exempt 46 individuals from
the Embassy Suites located at 4800 S. given for a meeting of the One Hundred the hearing requirement in the Federal
Tryon St, Charlotte, NC 28217. The and First RTCA 159 Plenary. The Motor Carrier Safety Regulations
second public scoping meeting will be agenda will include the following: (FMCSRs) to operate a commercial
held at 7:00 p.m. on Thursday, April 26, 1. INTRODUCTORY REMARKS: DFO, motor vehicle (CMV) in interstate
2018 at the West Mecklenburg High RTCA AND CO-CHAIRS commerce. The exemptions enable these
School Cafeteria, located at 7400 2. APPROVAL OF SUMMARIES OF hard of hearing and deaf individuals to
Tuckaseegee Rd, Charlotte, NC 28214. PREVIOUS MEETING: ONE operate CMVs in interstate commerce.
For both meetings, the format will HUNDREDTH MEETING HELD DATES: The exemptions were applicable
include an open-house workshop MARCH 16, 2018 (RTCA PAPER on February 19, 2018. The exemptions
followed by a public comment period. NO. 075–18/SC159–1071) expire on February 19, 2020.
During the public comment period, 3. REVIEW OF GNSS L1/L5 ANTENNA FOR FURTHER INFORMATION CONTACT: Ms.
members of the public may provide up MOPS FINAL REVIEW AND Christine A. Hydock, Chief, Medical
to a 3-minute statement. Oral comments COMMENT (FRAC) ACTIVITIES Programs Division, (202) 366–4001,
will be transcribed by a stenographer. 4. DECISION TO APPROVE RELEASE fmcsamedical@dot.gov, FMCSA,
All comments received during the 45- OF GNSS L1/L5 ANTENNA MOPS Department of Transportation, 1200
day scoping comment period be FOR PRESENTATION TO New Jersey Avenue SE, Room W64–224,
considered in the preparation of the EIS, PROGRAM MANAGEMENT Washington, DC 20590–0001. Office
regardless of whether the comment is COMMITTEE FOR PUBLICATION hours are from 8:30 a.m. to 5 p.m., e.t.,
provided orally or in writing. 5. GPS/INTERFERENCE (WG–6): Monday through Friday, except Federal
More information on the Proposed UPDATE REGARDING TAKING holidays. If you have questions
Action and the NEPA process is DRAFT DO–292 REVISION INTO regarding viewing or submitting
available on the project website at: FINAL REVIEW AND COMMENT material to the docket, contact Docket
www.clteis.com. (FRAC) Services, telephone (202) 366–9826.
Issued in Memphis, TN, on March 12, 6. DISCUSSION OF TERMS OF SUPPLEMENTARY INFORMATION:
2018. REFERENCE UPDATES
Phillip J. Braden, 7. ACTION ITEM REVIEW I. Electronic Access
Manager, Memphis Airports District Office, 8. ASSIGNMENT/REVIEW OF FUTURE You may see all the comments online
Southern Region. WORK through the Federal Document
[FR Doc. 2018–05583 Filed 3–21–18; 8:45 am] 9. OTHER BUSINESS Management System (FDMS) at: http://
BILLING CODE 4910–13–P 10. DATE AND PLACE OF NEXT www.regulations.gov.
MEETING Docket: For access to the docket to
11. ADJOURN read background documents or
DEPARTMENT OF TRANSPORTATION Attendance is open to the interested comments, go to http://
public but limited to space availability. www.regulations.gov and/or Room
Federal Aviation Administration With the approval of the chairman, W12–140 on the ground level of the
members of the public may present oral West Building, 1200 New Jersey Avenue
One Hundred and First RTCA 159
statements at the meeting. Persons SE, Washington, DC, between 9 a.m. and
Plenary
wishing to present statements or obtain 5 p.m., e.t., Monday through Friday,
AGENCY: Federal Aviation information should contact the person except Federal holidays.
Administration (FAA), U.S. Department listed in the FOR FURTHER INFORMATION Privacy Act: In accordance with 5
of Transportation (DOT). CONTACT section. Members of the public U.S.C. 553(c), DOT solicits comments
ACTION: One Hundred and First RTCA may present a written statement to the from the public to better inform its
159 Plenary. committee at any time. rulemaking process. DOT posts these
Issued in Washington, DC on March 19, comments, without edit, including any
SUMMARY: The FAA is issuing this notice 2018. personal information the commenter
to advise the public of a meeting of One Michelle Swearingen, provides, to http://www.regulations.gov,
Hundred and First RTCA 159 Plenary. as described in the system of records
Systems and Equipment Standards Branch,
DATES: The meeting will be held May AIR–6B0, Policy and Innovation Division, notice (DOT/ALL–14 FDMS), which can
03, 2018 10:00 a.m.–12:00 p.m. EDT. AIR–600, Federal Aviation Administration. be reviewed at http://www.dot.gov/
ADDRESSES: The meeting will be held at: [FR Doc. 2018–05808 Filed 3–21–18; 8:45 am]
privacy.
Virtual: https://rtca.webex.com/rtca/ BILLING CODE 4910–13–P II. Background
j.php?MTID=m898a2c3d9227c3b
790bf19f89196dd35, Meeting number On January 16, 2018, FMCSA
(access code): 639 753 422, Meeting DEPARTMENT OF TRANSPORTATION published a notice announcing receipt
password: Sc-159_101!. of applications from 46 individuals
Federal Motor Carrier Safety requesting an exemption from the
FOR FURTHER INFORMATION CONTACT:
Administration hearing requirement in 49 CFR
Karan Hofmann at khofmann@rtca.org 391.41(b)(11) to operate a CMV in
or 202–330–0680, or The RTCA [Docket No. FMCSA–2017–0057] interstate commerce and requested
daltland on DSKBBV9HB2PROD with NOTICES

Secretariat, 1150 18th Street NW, Suite comments from the public (83 FR 2314).
910, Washington, DC 20036, or by Qualification of Drivers; Exemption The public comment period ended on
telephone at (202) 833–9339, fax at (202) Applications; Hearing February 15, 2018, and no comments
833–9434, or website at http:// were received.
www.rtca.org. AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. FMCSA has evaluated the eligibility
SUPPLEMENTARY INFORMATION: Pursuant of these applicants and determined that
ACTION: Notice of final disposition.
to section 10(a)(2) of the Federal granting exemptions to these

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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices 12641

individuals would achieve a level of driving records from the State Driver’s Richard L. Frueke (IL)
safety equivalent to or greater than the Licensing Agency (SDLA). Each Edison M. Garcia (MD)
level that would be achieved by applicant’s record demonstrated a safe Adam M. Hayes (CA)
complying with the current regulation driving history. Based on an individual Sean Hunt (TX)
49 CFR 391.41(b)(11). assessment of each applicant that Charles W. Jones (FL)
The physical qualification standard focused on whether an equal or greater James T. Laughrey (KS)
for drivers regarding hearing found in level of safety is likely to be achieved by Jerrry L. Lewis (NC)
49 CFR 391.41(b)(11) states that a permitting each of these drivers to drive Michael Lidster (IL)
person is physically qualified to driver in interstate commerce as opposed to Stavros Likouris (OH)
a CMV if that person first perceives a restricting him or her to driving in Adrian Lopez (TX)
forced whispered voice in the better ear intrastate commerce, the Agency Derrick J. Marceaux (LA)
at not less than 5 feet with or without believes the drivers granted this John E. Mayhew (KS)
the use of a hearing aid or, if tested by exemption have demonstrated that they JeMichael McCot (LA)
use of an audiometric device, does not do not pose a risk to public safety. Magdalene McLaughlin (MD)
have an average hearing loss in the Consequently, FMCSA finds that in Pablo Muniz (FL)
better ear greater than 40 decibels at 500 each case exempting these applicants Dario Novoa (FL)
Hz, 1,000 Hz, and 2,000 Hz with or from the hearing standard in 49 CFR Hugo Paniagua (CA)
without a hearing aid when the 391.41(b)(11) is likely to achieve a level Calvin Payne (MD)
audiometric device is calibrated to of safety equal to that existing without Joseph R. Piros (CA)
American National Standard (formerly the exemption. Michael Quinonez (TX)
ASA Standard) Z24.5—1951. Kohn Saysanam (TX)
49 CFR 391.41(b)(11) was adopted in V. Conditions and Requirements
Jeffrey W. Schulkers (KY)
1970, with a revision in 1971 to allow The terms and conditions of the Stephan W. Stotts (OH)
drivers to be qualified under this exemption are provided to the Teddy Rosevelt Tice (NY)
standard while wearing a hearing aid, applicants in the exemption document William Tassel (OH)
35 FR 6458, 6463 (April 22, 1970) and and includes the following: (1) Each Daniel R. Taylor (AL)
36 FR 12857 (July 3, 1971). driver must report any crashes or Jason C. Thomas (TX)
III. Discussion of Comments accidents as defined in 49 CFR 390.5; Roderick B. Thomas (GA)
(2) each driver must report all citations Joshua Tinley (AZ)
FMCSA received no comments in this and convictions for disqualifying Carlos Torres (OH)
proceeding. offenses under 49 CFR part 383 and 49 Allen Whitener (TX)
IV. Basis for Exemption Determination CFR 391 to FMCSA; and (3) each driver Kerri M. Wright (OK)
is prohibited from operating a In accordance with 49 U.S.C. 31315,
Under 49 U.S.C. 31136(e) and
motorcoach or bus with passengers in each exemption will be valid for two
31315(b), FMCSA may grant an
interstate commerce. The driver must years from the effective date unless
exemption from the hearing standard in
also have a copy of the exemption when revoked earlier by FMCSA. The
49 CFR 391.41(b)(11) if the exemption is
driving, for presentation to a duly exemption will be revoked if the
likely to achieve an equivalent or greater
authorized Federal, State, or local following occurs: (1) The person fails to
level of safety than would be achieved
enforcement official. In addition, the comply with the terms and conditions
without the exemption. The exemption
exemption does not exempt the of the exemption; (2) the exemption has
allows the applicants to operate CMVs
individual from meeting the applicable resulted in a lower level of safety than
in interstate commerce.
The Agency’s decision regarding these CDL testing requirements. was maintained prior to being granted;
exemption applications is based on VI. Preemption or (3) continuation of the exemption
current medical information and would not be consistent with the goals
During the period the exemption is in
literature, and the 2008 Evidence and objectives of 49 U.S.C. 31136 and
effect, no State shall enforce any law or
Report, ‘‘Executive Summary on 31315.
regulation that conflicts with this
Hearing, Vestibular Function and Issued on: March 16, 2018.
exemption with respect to a person
Commercial Motor Driving Safety.’’ The
operating under the exemption. Larry W. Minor,
evidence report reached two
Associate Administrator for Policy.
conclusions regarding the matter of VII. Conclusion
[FR Doc. 2018–05862 Filed 3–21–18; 8:45 am]
hearing loss and CMV driver safety: (1) Based upon its evaluation of the 46
No studies that examined the BILLING CODE 4910–EX–P
exemption applications, FMCSA
relationship between hearing loss and exempts the following drivers from the
crash risk exclusively among CMV hearing standard, 49 CFR 391.41(b)(11), DEPARTMENT OF TRANSPORTATION
drivers were identified; and (2) evidence subject to the requirements cited above:
from studies of the private driver’s Federal Motor Carrier Safety
David Alaniz (WO)
license holder population does not Marion Bennett (MD) Administration
support the contention that individuals Gordon R. Boerner (ME)
with hearing impairment are at an [Docket No. FMCSA–2018–0050]
Tom M. Booe (NE)
increased risk for a crash. In addition, Roy E. Bowers (GA)
the Agency reviewed each applicant’s Qualification of Drivers; Exemption
Richard M. Davis (OH)
daltland on DSKBBV9HB2PROD with NOTICES

driving record found in the Commercial Applications; Epilepsy and Seizure
Rivera De Jesus (TX) Disorders
Driver’s License Information System Christian DeKnight (FL)
(CDLIS), for commercial driver’s license Richard Doi (AZ) AGENCY: Federal Motor Carrier Safety
(CDL) holders, and inspections recorded Trey Duncan (TX) Administration (FMCSA), DOT.
in the Motor Carrier Management Jean D. Dutes (FL) ACTION: Notice of applications for
Information System (MCMIS). For non- Edward Elertson (WO) exemption; request for comments.
CDL holders, the Agency reviewed the Stephan Eveland (FL)

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Document Created: 2018-03-22 01:25:18
Document Modified: 2018-03-22 01:25:18

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 final disposition.
Dates		The exemptions were applicable on February 19, 2018. The exemptions expire on February 19, 2020.
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		83 FR 12640

83 FR 12640 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 56 (March 22, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration