83_FR_18705 83 FR 18623 - Qualification of Drivers; Exemption Applications; Hearing

83 FR 18623 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range18623-18624
FR Document2018-08908

FMCSA announces its decision to renew exemptions for 3 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 82 (Friday, April 27, 2018) 
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18623-18624]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08908]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0124; FMCSA-2013-0125]


Qualification of Drivers; Exemption Applications; Hearing

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 3 
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 March 27, 2018. The exemptions 
expire on March 27, 2020. Comments must be received on or before May 
29, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0124; FMCSA-2013-0125 
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

[[Page 18624]]

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 3 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 3 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The 3 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 March 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 3 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers: Marquarius Boyd, (MS); Keith 
Craig Drown, (ID); and James Gooch, (KS).
    The drivers were included in docket numbers FMCSA-2013-0124 and 
FMCSA-2013-0125. Their exemptions are applicable as of March 27, 2018, 
and will expire on March 27, 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 3 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 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08908 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices 18623 Danny L. Watson (TN) Amilton T. Monterio (MA) ACTION:Notice of renewal of William E. Zezulka (MN) David G. Oakley (SC) exemptions; request for comments. The drivers were included in docket Brent L. Seaux (LA) SUMMARY: FMCSA announces its numbers FMCSA–2000–7918; FMCSA– The drivers were included in docket decision to renew exemptions for 3 2005–20027; FMCSA–2005–21254; numbers FMCSA–2004–17984; individuals from the hearing FMCSA–2005–21711; FMCSA–2009– FMCSA–2005–21711; FMCSA–2007– requirement in the Federal Motor 0086; FMCSA–2013–0029; FMCSA– 29019. Their exemptions are applicable Carrier Safety Regulations (FMCSRs) for 2014–0298; FMCSA–2014–0302; as of November 28, 2017, and will interstate commercial motor vehicle FMCSA–2014–0304; FMCSA–2015– expire on November 28, 2019. (CMV) drivers. The exemptions enable 0055; FMCSA–2015–0056. Their As of November 30, 2017, and in these hard of hearing and deaf exemptions are applicable as of accordance with 49 U.S.C. 31136(e) and individuals to continue to operate CMVs November 3, 2017, and will expire on 31315, the following eight individuals in interstate commerce. November 3, 2019. have satisfied the renewal conditions for DATES: The exemptions were applicable As of November 6, 2017, and in obtaining an exemption from the vision requirement in the FMCSRs for on March 27, 2018. The exemptions accordance with 49 U.S.C. 31136(e) and interstate CMV drivers (64 FR 27027; 64 expire on March 27, 2020. Comments 31315, the following 13 individuals FR 40404; 64 FR 51568; 64 FR 66962; must be received on or before May 29, have satisfied the renewal conditions for 66 FR 63289; 68 FR 64944; 70 FR 48797; 2018. obtaining an exemption from the vision requirement in the FMCSRs for 70 FR 61493; 70 FR 67776; 72 FR 64273; ADDRESSES: You may submit comments interstate CMV drivers (70 FR 17504;70 74 FR 62632; 76 FR 70215; 78 FR 64280; bearing the Federal Docket Management FR 30997; 70 FR 48797; 70 FR 61493; 80 FR 63869): System (FDMS) Docket No. FMCSA– 72 FR 39879; 72 FR 40362; 72 FR 52419; 2013–0124; FMCSA–2013–0125 using Terry J. Aldrige (MS) 72 FR 54971; 74 FR 34394; 74 FR 41971; Lennie D. Baker, Jr. (NC) any of the following methods: 74 FR 43217; 74 FR 49069; 74 FR 57551; • Federal eRulemaking Portal: Go to Jerry D. Bridges (TX) 76 FR 18824; 76 FR 29024; 76 FR 34136; http://www.regulations.gov. Follow the Gary R. Gutschow (WI) 76 FR 54530; 76 FR 55463; 76 FR 55465; James J. Hewitt (WI) online instructions for submitting 76 FR 66123; 76 FR 67246; 78 FR 34143; James R. Murphy (NY) comments. Thomas E. Walsh (CA) • Mail: Docket Management Facility; 78 FR 52602; 78 FR 77782; 78 FR 78477; Kevin P. Weinhold (MA) U.S. Department of Transportation, 1200 79 FR 24298; 80 FR 63869): New Jersey Avenue SE, West Building James J. Doan (PA) The drivers were included in docket Ground Floor, Room W12–140, James E. Fix (SC) numbers FMCSA–1999–5578; FMCSA– Washington, DC 20590–0001. James P. Greene (NY) 1999–5748; FMCSA–2005–21711. Their • Hand Delivery: West Building Michael A. Lawson (KY) exemptions are applicable as of Ground Floor, Room W12–140, 1200 Steven R. Lechtenberg (NE) November 30, 2017, and will expire on New Jersey Avenue SE, Washington, Joseph L. Mast (OR) November 30, 2019. DC, between 9 a.m. and 5 p.m., e.t., Jesse R. McClary, Sr. (MO) In accordance with 49 U.S.C. 31315, Monday through Friday, except Federal Roy L. Morgan (IL) each exemption will be valid for two Holidays. Steven D. O’Donnell (NJ) years from the effective date unless • Fax: 1–202–493–2251. Gerald J. Shamla (MN) revoked earlier by FMCSA. The Instructions: Each submission must Halman Smith (DE) exemption will be revoked if the include the Agency name and the Jerry W. Stanfill (AR) following occurs: (1) The person fails to docket number(s) for this notice. Note Scott C. Teich (MN) comply with the terms and conditions that all comments received will be The drivers were included in docket of the exemption; (2) the exemption has posted without change to http:// numbers FMCSA–2005–20560; resulted in a lower level of safety than www.regulations.gov, including any FMCSA–2005–21711; FMCSA–2007– was maintained prior to being granted; personal information provided. Please 27897; FMCSA–2009–0206; FMCSA– or (3) continuation of the exemption see the Privacy Act heading below for 2011–0057; FMCSA–2011–0124; would not be consistent with the goals further information. FMCSA–2011–0189; FMCSA–2013– and objectives of 49 U.S.C. 31136 and Docket: For access to the docket to 0029. Their exemptions are applicable 31315. read background documents or as of November 6, 2017, and will expire Issued on: April 18, 2018. comments, go to http:// on November 6, 2019. Larry W. Minor, www.regulations.gov at any time or As of November 28, 2017, and in Room W12–140 on the ground level of Associate Administrator for Policy. accordance with 49 U.S.C. 31136(e) and the West Building, 1200 New Jersey 31315, the following eight individuals [FR Doc. 2018–08924 Filed 4–26–18; 8:45 am] Avenue, SE, Washington, DC, between 9 have satisfied the renewal conditions for BILLING CODE 4910–EX–P a.m. and 5 p.m., e.t., Monday through obtaining an exemption from the vision Friday, except Federal holidays. The requirement in the FMCSRs for FDMS is available 24 hours each day, interstate CMV drivers (69 FR 33997; 69 DEPARTMENT OF TRANSPORTATION 365 days each year. If you want FR 61292; 70 FR 48797; 70 FR 61493; Federal Motor Carrier Safety acknowledgment that we received your 71 FR 55820; 72 FR 54971; 72 FR 58362; Administration comments, please include a self- 72 FR 67344; 73 FR 65009; 74 FR 49069; addressed, stamped envelope or daltland on DSKBBV9HB2PROD with NOTICES 74 FR 57553; 76 FR 4413; 76 FR 70212; [Docket No. FMCSA–2013–0124; FMCSA– postcard or print the acknowledgement 80 FR 63869): 2013–0125] page that appears after submitting Robert W. Bequeaith (IA) Qualification of Drivers; Exemption comments online. Clarence N. Florey, Jr. (PA) Applications; Hearing Privacy Act: In accordance with 5 Loren H. Geiken (SD) U.S.C. 553(c), DOT solicits comments Michael A. Hershberger (OH) AGENCY:Federal Motor Carrier Safety from the public to better inform its Patrick J. Hogan, Jr. (DE) Administration (FMCSA), DOT. rulemaking process. DOT posts these VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1

18624 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices comments, without edit, including any II. Request for Comments commerce. The driver must also have a personal information the commenter Interested parties or organizations copy of the exemption when driving, for provides, to http://www.regulations.gov, possessing information that would presentation to a duly authorized as described in the system of records otherwise show that any, or all, of these Federal, State, or local enforcement notice (DOT/ALL–14 FDMS), which can drivers are not currently achieving the official. In addition, the exemption does be reviewed at http://www.dot.gov/ statutory level of safety should not exempt the individual from meeting privacy. immediately notify FMCSA. The the applicable CDL testing Agency will evaluate any adverse requirements. Each exemption will be FOR FURTHER INFORMATION CONTACT: Ms. evidence submitted and, if safety is valid for two years unless rescinded Christine A. Hydock, Chief, Medical being compromised or if continuation of earlier by FMCSA. The exemption will Programs Division, 202–366–4001, the exemption would not be consistent be rescinded if: (1) The person fails to fmcsamedical@dot.gov, FMCSA, with the goals and objectives of 49 comply with the terms and conditions Department of Transportation, 1200 U.S.C. 31136(e) and 31315, FMCSA will of the exemption; (2) the exemption has New Jersey Avenue SE, Room W64–224, take immediate steps to revoke the resulted in a lower level of safety than Washington, DC 20590–0001. Office exemption of a driver. was maintained before it was granted; or hours are from 8:30 a.m. to 5 p.m., e.t., (3) continuation of the exemption would Monday through Friday, except Federal III. Basis for Renewing Exemptions not be consistent with the goals and holidays. If you have questions In accordance with 49 U.S.C. 31136(e) objectives of 49 U.S.C. 31136(e) and regarding viewing or submitting and 31315, each of the 3 applicants has 31315. material to the docket, contact Docket Services, telephone (202) 366–9826. satisfied the renewal conditions for V. Preemption obtaining an exemption from the SUPPLEMENTARY INFORMATION: During the period the exemption is in hearing requirement. The 3 drivers in effect, no State shall enforce any law or I. Background this notice remain in good standing with regulation that conflicts with this the Agency. In addition, for Commercial Under 49 U.S.C. 31136(e) and 31315, exemption with respect to a person Driver’s License (CDL) holders, the FMCSA may grant an exemption for five operating under the exemption. Commercial Driver’s License years if it finds ‘‘such exemption would Information System (CDLIS) and the VI. Conclusion likely achieve a level of safety that is Motor Carrier Management Information equivalent to or greater than the level Based upon its evaluation of the 3 System (MCMIS) are searched for crash exemption applications, FMCSA renews that would be achieved absent such and violation data. For non-CDL exemption.’’ The statute also allows the the exemptions of the aforementioned holders, the Agency reviews the driving drivers from the hearing requirement in Agency to renew exemptions at the end records from the State Driver’s of the five-year period. FMCSA grants 49 CFR 391.41 (b)(11). In accordance Licensing Agency (SDLA). These factors with 49 U.S.C. 31136(e) and 31315, each exemptions from the FMCSRs for a two- provide an adequate basis for predicting year period to align with the maximum exemption will be valid for two years each driver’s ability to continue to unless revoked earlier by FMCSA. duration of a driver’s medical safely operate a CMV in interstate certification. commerce. Therefore, FMCSA Issued on: April 23, 2018. The physical qualification standard concludes that extending the exemption Larry W. Minor, for drivers regarding hearing found in for each of these drivers for a period of Associate Administrator for Policy. 49 CFR 391.41(b)(11) states that a two years is likely to achieve a level of [FR Doc. 2018–08908 Filed 4–26–18; 8:45 am] person is physically qualified to driver safety equal to that existing without the BILLING CODE 4910–EX–P a CMV if that person first perceives a exemption. forced whispered voice in the better ear As of March 27, 2018, and in at not less than 5 feet with or without accordance with 49 U.S.C. 31136(e) and DEPARTMENT OF TRANSPORTATION the use of a hearing aid or, if tested by 31315, the following 3 individuals have use of an audiometric device, does not Federal Motor Carrier Safety satisfied the renewal conditions for have an average hearing loss in the Administration obtaining an exemption from the better ear greater than 40 decibels at 500 hearing requirement in the FMCSRs for [Docket Nos. FMCSA–2013–0107; FMCSA– Hz, 1,000 Hz, and 2,000 Hz with or interstate CMV drivers: Marquarius 2013–0109; FMCSA–2015–0119] without a hearing aid when the Boyd, (MS); Keith Craig Drown, (ID); audiometric device is calibrated to and James Gooch, (KS). Qualification of Drivers; Exemption American National Standard (formerly The drivers were included in docket Applications; Epilepsy and Seizure ASA Standard) Z24.5—1951. numbers FMCSA–2013–0124 and Disorders 49 CFR 391.41(b)(11) was adopted in FMCSA–2013–0125. Their exemptions AGENCY: Federal Motor Carrier Safety 1970, with a revision in 1971 to allow are applicable as of March 27, 2018, and Administration (FMCSA), DOT. drivers to be qualified under this will expire on March 27, 2020. ACTION: Notice of renewal of standard while wearing a hearing aid, IV. Conditions and Requirements exemptions; request for comments. 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971). The exemptions are extended subject SUMMARY: FMCSA announces its The 3 individuals listed in this notice to the following conditions: (1) Each decision to renew exemptions for three have requested renewal of their driver must report any crashes or individuals from the requirement in the daltland on DSKBBV9HB2PROD with NOTICES exemptions from the hearing standard accidents as defined in 49 CFR 390.5; Federal Motor Carrier Safety in 49 CFR 391.41(b)(11), in accordance and (2) report all citations and Regulations (FMCSRs) that interstate with FMCSA procedures. Accordingly, convictions for disqualifying offenses commercial motor vehicle (CMV) FMCSA has evaluated these under 49 CFR part 383 and 49 CFR 391 drivers have ‘‘no established medical applications for renewal on their merits to FMCSA; and (3) each driver history or clinical diagnosis of epilepsy and decided to extend each exemption prohibited from operating a motorcoach or any other condition which is likely for a renewable two-year period. or bus with passengers in interstate to cause loss of consciousness or any VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1


Document Created: 2018-04-27 01:45:51
Document Modified: 2018-04-27 01:45:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesThe exemptions were applicable on March 27, 2018. The exemptions expire on March 27, 2020. Comments must be received on or before May 29, 2018.
ContactMs. 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 Citation83 FR 18623 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR