83 FR 2316 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range		2316-2317
FR Document		2018-00585

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 10 (Tuesday, January 16, 2018)

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2316-2317]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00585]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0355; FMCSA-2015-0325]


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 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 November 5, 2017. The 
exemptions expire on November 5, 2019. Comments must be received on or 
before February 15, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0355; FMCSA-2015-0325; 
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,

[[Page 2317]]

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 November 5, 2017 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: Lawrence F. Cogar, (WA); Albert 
Foster (IL); and Daniel Harnish, (OR).
    The drivers were included in docket numbers FMCSA-2015-0355 and 
FMCSA-2015-0325. Their exemptions are applicable as of November 5, 
2017, and will expire on November 5, 2019.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must report any crashes or accidents as defined in 49 
CFR 390.5; and (2) report all citations and convictions for 
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA; 
and (3) each driver prohibited from operating a motorcoach or bus with 
passengers in interstate commerce. The driver must also have a copy of 
the exemption when driving, for presentation to a duly authorized 
Federal, State, or local enforcement official. In addition, the 
exemption does not exempt the individual from meeting the applicable 
CDL testing requirements. Each exemption will be valid for two years 
unless rescinded earlier by FMCSA. The exemption will be rescinded if: 
(1) The person fails to comply with the terms and conditions of the 
exemption; (2) the exemption has resulted in a lower level of safety 
than was maintained before it was granted; or (3) continuation of the 
exemption would not be consistent with the goals and objectives of 49 
U.S.C. 31136(e) and 31315.

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 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: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00585 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2317

35 FR 6458, 6463 (April 22, 1970) and IV. Conditions and Requirements SUMMARY: FMCSA announces receipt of
36 FR 12857 (July 3, 1971). The exemptions are extended subject applications from 23 individuals for an
The 3 individuals listed in this notice to the following conditions: (1) Each exemption from the prohibition in the
have requested renewal of their driver must report any crashes or Federal Motor Carrier Safety
exemptions from the hearing standard accidents as defined in 49 CFR 390.5; Regulations (FMCSRs) against persons
in 49 CFR 391.41(b)(11), in accordance and (2) report all citations and with insulin-treated diabetes mellitus
with FMCSA procedures. Accordingly, convictions for disqualifying offenses (ITDM) operating a commercial motor
FMCSA has evaluated these under 49 CFR part 383 and 49 CFR 391 vehicle (CMV) in interstate commerce. If
applications for renewal on their merits to FMCSA; and (3) each driver granted, the exemptions would enable
and decided to extend each exemption prohibited from operating a motorcoach these individuals with ITDM to operate
for a renewable two-year period. or bus with passengers in interstate CMVs in interstate commerce.
commerce. The driver must also have a DATES: Comments must be received on
II. Request for Comments
copy of the exemption when driving, for or before February 15, 2018.
Interested parties or organizations presentation to a duly authorized ADDRESSES: You may submit comments
possessing information that would Federal, State, or local enforcement bearing the Federal Docket Management
otherwise show that any, or all, of these official. In addition, the exemption does System (FDMS) Docket No. FMCSA–
drivers are not currently achieving the not exempt the individual from meeting 2017–0288 using any of the following
statutory level of safety should the applicable CDL testing methods:
immediately notify FMCSA. The requirements. Each exemption will be • Federal eRulemaking Portal: Go to
Agency will evaluate any adverse valid for two years unless rescinded http://www.regulations.gov. Follow the
evidence submitted and, if safety is earlier by FMCSA. The exemption will online instructions for submitting
being compromised or if continuation of be rescinded if: (1) The person fails to comments.
the exemption would not be consistent comply with the terms and conditions • Mail: Docket Management Facility;
with the goals and objectives of 49 of the exemption; (2) the exemption has U.S. Department of Transportation, 1200
U.S.C. 31136(e) and 31315, FMCSA will resulted in a lower level of safety than New Jersey Avenue SE, West Building
take immediate steps to revoke the was maintained before it was granted; or Ground Floor, Room W12–140,
exemption of a driver. (3) continuation of the exemption would Washington, DC 20590–0001.
III. Basis for Renewing Exemptions not be consistent with the goals and • Hand Delivery: West Building
objectives of 49 U.S.C. 31136(e) and Ground Floor, Room W12–140, 1200
In accordance with 49 U.S.C. 31136(e) 31315. New Jersey Avenue SE, Washington,
and 31315, each of the 3 applicants has DC, between 9 a.m. and 5 p.m., e.t.,
satisfied the renewal conditions for V. Preemption Monday through Friday, except Federal
obtaining an exemption from the During the period the exemption is in Holidays.
hearing requirement. The 3 drivers in effect, no State shall enforce any law or • Fax: 1–202–493–2251.
this notice remain in good standing with regulation that conflicts with this Instructions: Each submission must
the Agency. In addition, for Commercial exemption with respect to a person include the Agency name and the
Driver’s License (CDL) holders, the operating under the exemption. docket number(s) for this notice. Note
Commercial Driver’s License that all comments received will be
Information System (CDLIS) and the VI. Conclusion posted without change to http://
Motor Carrier Management Information Based upon its evaluation of the 3 www.regulations.gov, including any
System (MCMIS) are searched for crash exemption applications, FMCSA renews personal information provided. Please
and violation data. For non-CDL the exemptions of the aforementioned see the Privacy Act heading below for
holders, the Agency reviews the driving drivers from the hearing requirement in further information.
records from the State Driver’s 49 CFR 391.41 (b)(11). In accordance Docket: For access to the docket to
Licensing Agency (SDLA). These factors with 49 U.S.C. 31136(e) and 31315, each read background documents or
provide an adequate basis for predicting exemption will be valid for two years comments, go to http://
each driver’s ability to continue to unless revoked earlier by FMCSA. www.regulations.gov at any time or
safely operate a CMV in interstate Room W12–140 on the ground level of
Issued on: January 5, 2018.
commerce. Therefore, FMCSA the West Building, 1200 New Jersey
Larry W. Minor,
concludes that extending the exemption Avenue SE, Washington, DC, between 9
for each of these drivers for a period of Associate Administrator for Policy.
a.m. and 5 p.m., e.t., Monday through
two years is likely to achieve a level of [FR Doc. 2018–00585 Filed 1–12–18; 8:45 am]
Friday, except Federal holidays. The
safety equal to that existing without the BILLING CODE 4910–EX–P
FDMS is available 24 hours each day
exemption. e.t., 365 days each year. If you want
As of November 5, 2017 and in acknowledgment that we received your
accordance with 49 U.S.C. 31136(e) and DEPARTMENT OF TRANSPORTATION
comments, please include a self-
31315, the following 3 individuals have Federal Motor Carrier Safety addressed, stamped envelope or
satisfied the renewal conditions for Administration postcard or print the acknowledgement
obtaining an exemption from the page that appears after submitting
hearing requirement in the FMCSRs for [Docket No. FMCSA–2017–0288] comments online.
interstate CMV drivers: Lawrence F. Privacy Act: In accordance with 5
daltland on DSKBBV9HB2PROD with NOTICES

Cogar, (WA); Albert Foster (IL); and Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
Daniel Harnish, (OR). Applications; Diabetes Mellitus from the public to better inform its
The drivers were included in docket AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
numbers FMCSA–2015–0355 and Administration (FMCSA), DOT. comments, without edit, including any
FMCSA–2015–0325. Their exemptions personal information the commenter
ACTION: Notice of applications for
are applicable as of November 5, 2017, provides, to http://www.regulations.gov,
exemption; request for comments.
and will expire on November 5, 2019. as described in the system of records

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Document Created: 2018-01-13 02:02:26
Document Modified: 2018-01-13 02:02:26

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 November 5, 2017. The exemptions expire on November 5, 2019. Comments must be received on or before February 15, 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 2316

83 FR 2316 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration