83 FR 15201 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

Page Range		15201-15202
FR Document		2018-07202

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 83 Issue 68 (Monday, April 9, 2018)

[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15201-15202]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07202]



[[Page 15201]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0122; FMCSA-2015-0327; FMCSA-2012-0154]


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 exemptions were applicable on February 24, 2018. The 
exemptions expire on February 24, 2020. Comments must be received on or 
before May 9, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0122; FMCSA-2015-0327; 
FMCSA-2012-0154 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 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 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 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

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the four 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The 4 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 February 24, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following four individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers.

Michael Bunjer (MD)
Allen Estes (LA)
Edwin Oakes (NY)
Kenneth Prusinski (OH)

    The drivers were included in docket numbers FMCSA-2013-0122; FMCSA-

[[Page 15202]]

2015-0327; FMCSA;2012-0154. Their exemptions are applicable as of 
February 24, 2018, and will expire on February 24, 2020.

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 4 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: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07202 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15201

DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., e.t., Monday through drivers to be qualified under this
Friday, except Federal holidays. The standard while wearing a hearing aid,
Federal Motor Carrier Safety FDMS is available 24 hours each day, 35 FR 6458, 6463 (April 22, 1970) and
Administration 365 days each year. If you want 36 FR 12857 (July 3, 1971).
acknowledgment that we received your The four individuals listed in this
[Docket No. FMCSA–2013–0122; FMCSA–
2015–0327; FMCSA–2012–0154] comments, please include a self- notice have requested renewal of their
addressed, stamped envelope or exemptions from the hearing standard
Qualification of Drivers; Exemption postcard or print the acknowledgement in 49 CFR 391.41(b)(11), in accordance
Applications; Hearing page that appears after submitting with FMCSA procedures. Accordingly,
comments online. FMCSA has evaluated these
AGENCY: Federal Motor Carrier Safety Privacy Act: In accordance with 5 applications for renewal on their merits
Administration (FMCSA), DOT. U.S.C. 553(c), DOT solicits comments and decided to extend each exemption
ACTION: Notice of renewal of from the public to better inform its for a renewable two-year period.
exemptions; request for comments. rulemaking process. DOT posts these II. Request for Comments
comments, without edit, including any
SUMMARY: FMCSA announces its personal information the commenter Interested parties or organizations
decision to renew exemptions for four provides, to http://www.regulations.gov, possessing information that would
individuals from the hearing as described in the system of records otherwise show that any, or all, of these
requirement in the Federal Motor notice (DOT/ALL–14 FDMS), which can drivers are not currently achieving the
Carrier Safety Regulations (FMCSRs) for be reviewed at http://www.dot.gov/ statutory level of safety should
interstate commercial motor vehicle privacy. immediately notify FMCSA. The
(CMV) drivers. The exemptions enable Agency will evaluate any adverse
these hard of hearing and deaf FOR FURTHER INFORMATION CONTACT: Ms. evidence submitted and, if safety is
individuals to continue to operate CMVs Christine A. Hydock, Chief, Medical being compromised or if continuation of
in interstate commerce. Programs Division, 202–366–4001, the exemption would not be consistent
fmcsamedical@dot.gov, FMCSA, with the goals and objectives of 49
DATES: The exemptions were applicable
Department of Transportation, 1200 U.S.C. 31136(e) and 31315, FMCSA will
on February 24, 2018. The exemptions
New Jersey Avenue SE, Room W64–224, take immediate steps to revoke the
expire on February 24, 2020. Comments
Washington, DC 20590–0001. Office exemption of a driver.
must be received on or before May 9,
hours are from 8:30 a.m. to 5 p.m., e.t.,
2018. III. Basis for Renewing Exemptions
Monday through Friday, except Federal
ADDRESSES: You may submit comments holidays. If you have questions In accordance with 49 U.S.C. 31136(e)
bearing the Federal Docket Management regarding viewing or submitting and 31315, each of the four applicants
System (FDMS) Docket No. FMCSA– material to the docket, contact Docket has satisfied the renewal conditions for
2013–0122; FMCSA–2015–0327; Services, telephone (202) 366–9826. obtaining an exemption from the
FMCSA–2012–0154 using any of the SUPPLEMENTARY INFORMATION: hearing requirement. The 4 drivers in
following methods: this notice remain in good standing with
• Federal eRulemaking Portal: Go to I. Background the Agency. In addition, for Commercial
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, Driver’s License (CDL) holders, the
online instructions for submitting FMCSA may grant an exemption for five Commercial Driver’s License
comments. years if it finds ‘‘such exemption would Information System (CDLIS) and the
• Mail: Docket Management Facility; likely achieve a level of safety that is Motor Carrier Management Information
U.S. Department of Transportation, 1200 equivalent to or greater than the level System (MCMIS) are searched for crash
New Jersey Avenue SE, West Building that would be achieved absent such and violation data. For non-CDL
Ground Floor, Room W12–140, exemption.’’ The statute also allows the holders, the Agency reviews the driving
Washington, DC 20590–0001. Agency to renew exemptions at the end records from the State Driver’s
• Hand Delivery: West Building of the five-year period. FMCSA grants Licensing Agency (SDLA). These factors
Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two- provide an adequate basis for predicting
New Jersey Avenue SE, Washington, year period to align with the maximum each driver’s ability to continue to
DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical safely operate a CMV in interstate
Monday through Friday, except Federal certification. commerce. Therefore, FMCSA
Holidays. The physical qualification standard concludes that extending the exemption
• Fax: 1–202–493–2251. for drivers regarding hearing found in for each of these drivers for a period of
Instructions: Each submission must 49 CFR 391.41(b)(11) states that a two years is likely to achieve a level of
include the Agency name and the person is physically qualified to driver safety equal to that existing without the
docket number(s) for this notice. Note a CMV if that person first perceives a exemption.
that all comments received will be forced whispered voice in the better ear As of February 24, 2018, and in
posted without change to http:// at not less than 5 feet with or without accordance with 49 U.S.C. 31136(e) and
www.regulations.gov, including any the use of a hearing aid or, if tested by 31315, the following four individuals
personal information provided. Please use of an audiometric device, does not have satisfied the renewal conditions for
see the Privacy Act heading below for have an average hearing loss in the obtaining an exemption from the
further information. hearing requirement in the FMCSRs for
sradovich on DSK3GMQ082PROD with NOTICES

better ear greater than 40 decibels at 500
Docket: For access to the docket to Hz, 1,000 Hz, and 2,000 Hz with or interstate CMV drivers.
read background documents or without a hearing aid when the Michael Bunjer (MD)
comments, go to http:// audiometric device is calibrated to Allen Estes (LA)
www.regulations.gov at any time or American National Standard (formerly Edwin Oakes (NY)
Room W12–140 on the ground level of ASA Standard) Z24.5—1951. Kenneth Prusinski (OH)
the West Building, 1200 New Jersey 49 CFR 391.41(b)(11) was adopted in The drivers were included in docket
Avenue SE, Washington, DC, between 9 1970, with a revision in 1971 to allow numbers FMCSA–2013–0122; FMCSA–

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15202 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

2015–0327; FMCSA;2012–0154. Their DEPARTMENT OF TRANSPORTATION acknowledgment that we received your
exemptions are applicable as of comments, please include a self-
February 24, 2018, and will expire on Federal Motor Carrier Safety addressed, stamped envelope or
February 24, 2020. Administration postcard or print the acknowledgement
page that appears after submitting
IV. Conditions and Requirements [Docket No. FMCSA–2018–0024]
comments online.
The exemptions are extended subject Qualification of Drivers; Exemption Privacy Act: In accordance with 5
to the following conditions: (1) Each Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments
driver must report any crashes or from the public to better inform its
AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
accidents as defined in 49 CFR 390.5; Administration (FMCSA), DOT. comments, without edit, including any
and (2) report all citations and
ACTION: Notice of applications for personal information the commenter
convictions for disqualifying offenses exemption; request for comments. provides, to http://www.regulations.gov,
under 49 CFR part 383 and 49 CFR 391
as described in the system of records
to FMCSA; and (3) each driver SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
prohibited from operating a motorcoach applications from 72 individuals for an be reviewed at http://www.dot.gov/
or bus with passengers in interstate exemption from the prohibition in the privacy.
commerce. The driver must also have a Federal Motor Carrier Safety
copy of the exemption when driving, for Regulations (FMCSRs) against persons FOR FURTHER INFORMATION CONTACT: Ms.
presentation to a duly authorized with insulin-treated diabetes mellitus Christine A. Hydock, Chief, Medical
Federal, State, or local enforcement (ITDM) operating a commercial motor Programs Division, (202) 366–4001,
official. In addition, the exemption does vehicle (CMV) in interstate commerce. If fmcsamedical@dot.gov, FMCSA,
not exempt the individual from meeting granted, the exemptions would enable Department of Transportation, 1200
the applicable CDL testing these individuals with ITDM to operate New Jersey Avenue SE, Room W64–224,
CMVs in interstate commerce. Washington, DC 20590–0001. Office
requirements. Each exemption will be
DATES: Comments must be received on hours are 8:30 a.m. to 5 p.m., e.t.,
valid for two years unless rescinded
or before May 9, 2018. Monday through Friday, except Federal
earlier by FMCSA. The exemption will holidays. If you have questions
be rescinded if: (1) The person fails to ADDRESSES: You may submit comments
regarding viewing or submitting
comply with the terms and conditions bearing the Federal Docket Management material to the docket, contact Docket
of the exemption; (2) the exemption has System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
resulted in a lower level of safety than 2018–0024 using any of the following
methods: SUPPLEMENTARY INFORMATION:
was maintained before it was granted; or
(3) continuation of the exemption would • Federal eRulemaking Portal: Go to I. Background
not be consistent with the goals and http://www.regulations.gov. Follow the
online instructions for submitting Under 49 U.S.C. 31136(e) and 31315,
objectives of 49 U.S.C. 31136(e) and
comments. FMCSA may grant an exemption from
31315.
• Mail: Docket Management Facility; the FMCSRs for a five-year period if it
V. Preemption U.S. Department of Transportation, 1200 finds ‘‘such exemption would likely
New Jersey Avenue SE, West Building achieve a level of safety that is
During the period the exemption is in Ground Floor, Room W12–140, equivalent to or greater than the level
effect, no State shall enforce any law or Washington, DC 20590–0001. that would be achieved absent such
regulation that conflicts with this • Hand Delivery: West Building exemption.’’ The statute also allows the
exemption with respect to a person Ground Floor, Room W12–140, 1200 Agency to renew exemptions at the end
operating under the exemption. New Jersey Avenue SE, Washington, of the five-year period. FMCSA grants
DC, between 9 a.m. and 5 p.m., e.t., exemptions from the FMCSRs for a two-
VI. Conclusion year period to align with the maximum
Monday through Friday, except Federal
Based upon its evaluation of the 4 Holidays. duration of a driver’s medical
exemption applications, FMCSA renews • Fax: 1–202–493–2251. certification.
the exemptions of the aforementioned Instructions: Each submission must The 72 individuals listed in this
drivers from the hearing requirement in include the Agency name and the notice have requested an exemption
49 CFR 391.41(b)(11). In accordance docket number(s) for this notice. Note from the diabetes prohibition in 49 CFR
with 49 U.S.C. 31136(e) and 31315, each that all comments received will be 391.41(b)(3). Accordingly, the Agency
posted without change to http:// will evaluate the qualifications of each
exemption will be valid for two years
www.regulations.gov, including any applicant to determine whether granting
unless revoked earlier by FMCSA.
personal information provided. Please the exemption will achieve the required
Issued on: April 2, 2018. see the Privacy Act heading below for level of safety mandated by statute.
Larry W. Minor, further information. The physical qualification standard
Associate Administrator for Policy. Docket: For access to the docket to for drivers regarding diabetes found in
[FR Doc. 2018–07202 Filed 4–6–18; 8:45 am] read background documents or 49 CFR 391.41(b)(3) states that a person
BILLING CODE 4910–EX–P
comments, go to http:// is physically qualified to drive a CMV
www.regulations.gov at any time or if that person has no established
sradovich on DSK3GMQ082PROD with NOTICES

Room W12–140 on the ground level of medical history or clinical diagnosis of
the West Building, 1200 New Jersey diabetes mellitus currently requiring
Avenue SE, Washington, DC, between 9 insulin for control. The Agency
a.m. and 5 p.m., e.t., Monday through established the current requirement for
Friday, except Federal holidays. The diabetes in 1970 because several risk
FDMS is available 24 hours each day studies indicated that drivers with
e.t., 365 days each year. If you want diabetes had a higher rate of crash

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Document Created: 2018-04-07 02:39:22
Document Modified: 2018-04-07 02:39:22

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 February 24, 2018. The exemptions expire on February 24, 2020. Comments must be received on or before May 9, 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		83 FR 15201

83 FR 15201 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration