83 FR 17881 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range		17881-17882
FR Document		2018-08511

FMCSA announces its decision to exempt 30 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 79 (Tuesday, April 24, 2018)

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17881-17882]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08511]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0059]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 30 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 April 2, 2018. The exemptions 
expire on April 2, 2020.

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. 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

[[Page 17882]]

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 February 27, 2018 FMCSA published a notice announcing receipt of 
applications from 30 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 
8567). The public comment period ended on March 29, 2018, and one 
comment was received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these 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 one comment in this proceeding. The comment was out 
of scope of this notice.

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.

IV. 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.

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 30 exemption applications, FMCSA 
exempts the following drivers from the hearing standard, 49 CFR 
391.41(b)(11), subject to the requirements cited above:

Kathleen A. Abenchuchan, (IA)
Maurice Abenchuchan, (IA)
Cory Lee Adkins, (OH)
James Bogart, KS)
Johnny D. Brewer, (OH)
Forrest Carroll, (OH)
James G. Carter, (GA)
Julian V. Faire, Jr., (CA)
Jeffrey Farrington, (NY)
Barry E. Felton, Sr., (MI)
Samuel Fernandez, (FL)
Jada Hart, (IA)
Harold C. Johnson, PA)
Paul Klug, (IA)
Cody Lauritsen, (NE)
Dayton Lawson Jr., (MI)
Berenice Martinez, (TX)
Scott Miller, (IA)
Michael A. Murrah, (IL)
Kenneth Novcaski, (AZ)
Kiley C. Peterson, (IA)
John See, (OH)
Michael Sepulvedo, (CO)
Darren Talley, (LA)
Frankie D. Tarlton, NC)
Diana P. Turner, (NJ)
Dick M. Vanderspek, (UT)
Thomas K. Warner II, (WA)
Tommy M. Weldon, (GA)
Johnny Wu, (DE)

    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: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08511 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17881

FOR FURTHER INFORMATION CONTACT: Ms. year period to align with the maximum Michael J. Shea (NJ)
Christine A. Hydock, Chief, Medical duration of a driver’s medical Daisy Tapia (NY)
Programs Division, (202) 366–4001, certification. The following applicant is under 21
fmcsamedical@dot.gov, FMCSA, The Agency’s decision regarding these years old:
Department of Transportation, 1200 exemption applications is based on the Austin Freeland (WI)
New Jersey Avenue SE, Room W64–224, eligibility criteria, the terms and
Issued on: April 18, 2018.
Washington, DC 20590–0001. Office conditions for Federal exemptions, and
hours are from 8:30 a.m. to 5 p.m., E.T., an individualized assessment of each Larry W. Minor,
Monday through Friday, except Federal applicant’s medical information Associate Administrator for Policy.
holidays. If you have questions provided by the applicant. [FR Doc. 2018–08507 Filed 4–23–18; 8:45 am]
regarding viewing or submitting BILLING CODE 4910–EX–P
material to the docket, contact Docket IV. Conclusion
Services, telephone (202) 366–9826. The Agency has determined that these
SUPPLEMENTARY INFORMATION: applicants do not satisfy the criteria DEPARTMENT OF TRANSPORTATION
eligibility or meet the terms and
I. Electronic Access conditions of the Federal exemption and Federal Motor Carrier Safety
You may see all the comments online granting these exemptions would not Administration
through the Federal Document provide a level of safety that would be [Docket No. FMCSA–2017–0059]
Management System (FDMS) at: http:// equivalent to or greater than, the level
www.regulations.gov. of safety that would be obtained by Qualification of Drivers; Exemption
Docket: For access to the docket to complying with the regulation 49 CFR Applications; Hearing
read background documents or 391.41(b)(8). Therefore, the 28 AGENCY: Federal Motor Carrier Safety
comments, go to http:// applicants in this notice have been Administration (FMCSA), DOT.
www.regulations.gov and/or Room denied exemptions from the physical
W12–140 on the ground level of the ACTION: Notice of final disposition.
qualification standards in 49 CFR
West Building, 1200 New Jersey Avenue 391.41(b)(8). SUMMARY: FMCSA announces its
SE, Washington, DC, between 9 a.m. and Each applicant has, prior to this decision to exempt 30 individuals from
5 p.m., E.T., Monday through Friday, notice, received a letter of final the hearing requirement in the Federal
except Federal holidays. disposition regarding his/her exemption Motor Carrier Safety Regulations
Privacy Act: In accordance with 5 request. Those decision letters fully (FMCSRs) to operate a commercial
U.S.C. 553(c), DOT solicits comments outlined the basis for the denial and motor vehicle (CMV) in interstate
from the public to better inform its constitutes final action by the Agency. commerce. The exemptions enable these
rulemaking process. DOT posts these This notice summarizes the Agency’s hard of hearing and deaf individuals to
comments, without edit, including any recent denials as required under 49 operate CMVs in interstate commerce.
personal information the commenter U.S.C. 31315(b)(4) by periodically DATES: The exemptions were applicable
provides, to http://www.regulations.gov, publishing names and reasons for on April 2, 2018. The exemptions expire
as described in the system of records denial. on April 2, 2020.
notice (DOT/ALL–14 FDMS), which can The following 19 applicants do not
be reviewed at http://www.dot.gov/ FOR FURTHER INFORMATION CONTACT: Ms.
meet the minimum time requirement for
privacy. Christine A. Hydock, Chief, Medical
being seizure-free, either on or off of
Programs Division, (202) 366–4001,
II. Background anti-seizure medication:
fmcsamedical@dot.gov, FMCSA,
FMCSA received applications from 28 Rickie Brown (TX) Department of Transportation, 1200
individuals who requested an Steven F. Buetel (IA) New Jersey Avenue SE, Room W64–224,
Caleb Coulter (VT) Washington, DC 20590–0001. Office
exemption from the FMCSRs
Christopher Dowling (IN) hours are from 8:30 a.m. to 5 p.m., e.t.,
prohibiting persons with a clinical
Seth Foster (MO) Monday through Friday, except Federal
diagnosis of epilepsy or any other
Paul W. Gibson (AZ) holidays. If you have questions
condition that is likely to cause a loss
Christopher J. Gilbert (VA) regarding viewing or submitting
of consciousness or any loss of ability to
Sean J. Gongaware (PA) material to the docket, contact Docket
operate a CMV from operating CMVs in
Norma Haus (MN) Services, telephone (202) 366–9826.
interstate commerce.
FMCSA has evaluated the eligibility Alan E. Houser (IN)
SUPPLEMENTARY INFORMATION:
David Hudson (WV)
of these applicants and concluded that
Barbara Miller (TX) I. Electronic Access
granting these exemptions would not
John Pounds (NY) You may see all the comments online
provide a level of safety that would be
William Senn (SC) through the Federal Document
equivalent to or greater than, the level
Michael Shumake (VA) Management System (FDMS) at: http://
of safety that would be obtained by
Donald V. Soto (NY) www.regulations.gov.
complying with the regulation 49 CFR
Joshua Thomas (MN) Docket: For access to the docket to
391.41(b)(8).
Johnny Toles (IN) read background documents or
III. Basis for Exemption Determination Brian J. Underwood (OH) comments, go to http://
Under 49 U.S.C. 31136(e) and 31315, The following eight applicants are www.regulations.gov and/or Room
daltland on DSKBBV9HB2PROD with NOTICES

FMCSA may grant an exemption for five intrastate drivers: W12–140 on the ground level of the
years if it finds such an exemption Dwayne A. Burrus (NY) West Building, 1200 New Jersey Avenue
would likely achieve a level of safety Paul E. Faatz (OH) SE, Washington, DC, between 9 a.m. and
that is equivalent to, or greater than, the Paul M. Gorzycki (MN) 5 p.m., e.t., Monday through Friday,
level that would be achieved absent Justin Kerbow (OR) except Federal holidays.
such an exemption. FMCSA grants Michael R. Miles (MA) Privacy Act: In accordance with 5
exemptions from the FMCSRs for a two- Amy Powell (WI) U.S.C. 553(c), DOT solicits comments

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17882 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices

from the public to better inform its The Agency’s decision regarding these V. Preemption
rulemaking process. DOT posts these exemption applications is based on
current medical information and During the period the exemption is in
comments, without edit, including any
literature, and the 2008 Evidence effect, no State shall enforce any law or
personal information the commenter
Report, ‘‘Executive Summary on regulation that conflicts with this
provides, to http://www.regulations.gov,
Hearing, Vestibular Function and exemption with respect to a person
as described in the system of records
Commercial Motor Driving Safety.’’ The operating under the exemption.
notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/ evidence report reached two VI. Conclusion
privacy. conclusions regarding the matter of
hearing loss and CMV driver safety: (1) Based upon its evaluation of the 30
II. Background No studies that examined the exemption applications, FMCSA
On February 27, 2018 FMCSA relationship between hearing loss and exempts the following drivers from the
published a notice announcing receipt crash risk exclusively among CMV hearing standard, 49 CFR 391.41(b)(11),
of applications from 30 individuals drivers were identified; and (2) evidence subject to the requirements cited above:
requesting an exemption from the from studies of the private driver’s Kathleen A. Abenchuchan, (IA)
hearing requirement in 49 CFR license holder population does not Maurice Abenchuchan, (IA)
391.41(b)(11) to operate a CMV in support the contention that individuals Cory Lee Adkins, (OH)
interstate commerce and requested with hearing impairment are at an
increased risk for a crash. In addition, James Bogart, KS)
comments from the public (83 FR 8567).
The public comment period ended on the Agency reviewed each applicant’s Johnny D. Brewer, (OH)
March 29, 2018, and one comment was driving record found in the Commercial Forrest Carroll, (OH)
received. Driver’s License Information System James G. Carter, (GA)
FMCSA has evaluated the eligibility (CDLIS), for commercial driver’s license Julian V. Faire, Jr., (CA)
of these applicants and determined that (CDL) holders, and inspections recorded Jeffrey Farrington, (NY)
granting exemptions to these in the Motor Carrier Management
Barry E. Felton, Sr., (MI)
individuals would achieve a level of Information System (MCMIS). For non-
CDL holders, the Agency reviewed the Samuel Fernandez, (FL)
safety equivalent to or greater than the
driving records from the State Driver’s Jada Hart, (IA)
level that would be achieved by
complying with the current regulation Licensing Agency (SDLA). Each Harold C. Johnson, PA)
49 CFR 391.41(b)(11). applicant’s record demonstrated a safe Paul Klug, (IA)
driving history. Based on an individual Cody Lauritsen, (NE)
The physical qualification standard
assessment of each applicant that
for drivers regarding hearing found in Dayton Lawson Jr., (MI)
focused on whether an equal or greater
49 CFR 391.41(b)(11) states that a Berenice Martinez, (TX)
level of safety is likely to be achieved by
person is physically qualified to driver Scott Miller, (IA)
permitting each of these drivers to drive
a CMV if that person first perceives a
in interstate commerce as opposed to Michael A. Murrah, (IL)
forced whispered voice in the better ear
restricting him or her to driving in Kenneth Novcaski, (AZ)
at not less than 5 feet with or without
intrastate commerce, the Agency Kiley C. Peterson, (IA)
the use of a hearing aid or, if tested by
believes the drivers granted this John See, (OH)
use of an audiometric device, does not exemption have demonstrated that they
have an average hearing loss in the do not pose a risk to public safety. Michael Sepulvedo, (CO)
better ear greater than 40 decibels at 500 Consequently, FMCSA finds that in Darren Talley, (LA)
Hz, 1,000 Hz, and 2,000 Hz with or each case exempting these applicants Frankie D. Tarlton, NC)
without a hearing aid when the from the hearing standard in 49 CFR Diana P. Turner, (NJ)
audiometric device is calibrated to 391.41(b)(11) is likely to achieve a level
American National Standard (formerly Dick M. Vanderspek, (UT)
of safety equal to that existing without Thomas K. Warner II, (WA)
ASA Standard) Z24.5–1951. the exemption.
49 CFR 391.41(b)(11) was adopted in Tommy M. Weldon, (GA)
1970, with a revision in 1971 to allow IV. Conditions and Requirements Johnny Wu, (DE)
drivers to be qualified under this The terms and conditions of the In accordance with 49 U.S.C. 31315,
standard while wearing a hearing aid, exemption are provided to the each exemption will be valid for two
35 FR 6458, 6463 (April 22, 1970) and applicants in the exemption document years from the effective date unless
36 FR 12857 (July 3, 1971). and includes the following: (1) Each revoked earlier by FMCSA. The
driver must report any crashes or exemption will be revoked if the
III. Discussion of Comments
accidents as defined in 49 CFR 390.5; following occurs: (1) The person fails to
FMCSA received one comment in this (2) each driver must report all citations comply with the terms and conditions
proceeding. The comment was out of and convictions for disqualifying of the exemption; (2) the exemption has
scope of this notice. offenses under 49 CFR part 383 and 49 resulted in a lower level of safety than
CFR 391 to FMCSA; and (3) each driver was maintained prior to being granted;
Basis for Exemption Determination
is prohibited from operating a or (3) continuation of the exemption
Under 49 U.S.C. 31136(e) and motorcoach or bus with passengers in would not be consistent with the goals
31315(b), FMCSA may grant an interstate commerce. The driver must and objectives of 49 U.S.C. 31136 and
daltland on DSKBBV9HB2PROD with NOTICES

exemption from the hearing standard in also have a copy of the exemption when 31315.
49 CFR 391.41(b)(11) if the exemption is driving, for presentation to a duly
likely to achieve an equivalent or greater authorized Federal, State, or local Issued on: April 18, 2018.
level of safety than would be achieved enforcement official. In addition, the Larry W. Minor,
without the exemption. The exemption exemption does not exempt the Associate Administrator for Policy.
allows the applicants to operate CMVs individual from meeting the applicable [FR Doc. 2018–08511 Filed 4–23–18; 8:45 am]
in interstate commerce. CDL testing requirements. BILLING CODE 4910–EX–P

VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00095 Fmt 4703 Sfmt 9990 E:\FR\FM\24APN1.SGM 24APN1

Document Created: 2018-04-24 00:39:39
Document Modified: 2018-04-24 00:39:39

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 April 2, 2018. The exemptions expire on April 2, 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 17881

83 FR 17881 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration