83 FR 28319 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range		28319-28320
FR Document		2018-13013

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 117 (Monday, June 18, 2018)

[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28319-28320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13013]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0328]


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: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before July 18, 
2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0322; FMCSA-2013-0122; 
FMCSA-20130123; FMCSA-2015-0329; and FMCSA-13-0124 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

[[Page 28320]]

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 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 19 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The 19 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 May 18, 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:
    Tom Buretz, (FL); James Dalrymple, (AZ); and Derron Washington. 
(IL).
    The drivers were included in docket number FMCSA-2015-0328. Their 
exemptions are applicable as of May 18, 2018, and will expire on May 
18, 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 19 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: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13013 Filed 6-15-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28319

Joel R. Farmer (ID) 2016–0034. Their exemptions are DEPARTMENT OF TRANSPORTATION
Samuel M. Feaganes, Jr. (VA) applicable as of April 16, 2018, and will
Ronald Floyd (NY) expire on April 16, 2020. Federal Motor Carrier Safety
Donald W. Fowler, Jr. (NY) Administration
As of April 27, 2018, and in
William A. Garrett (GA)
William J. Garrett (SD) accordance with 49 U.S.C. 31136(e) and [Docket No. FMCSA–2015–0328]
Tyrone B. Gary, Sr. (PA) 31315, the following eight individuals
have satisfied the renewal conditions for Qualification of Drivers; Exemption
Hardy D. Glanzer (ND)
obtaining an exemption from the rule Applications; Hearing
Kevin E. Griebel (SD)
Martin R. Hair (CT) prohibiting drivers with ITDM from AGENCY: Federal Motor Carrier Safety
Bruce T. Hanson (MN) driving CMVs in interstate commerce Administration (FMCSA), DOT.
Darrell E. Holtsoi (NM) (77 FR 13686; 77 FR 25227; 81 FR ACTION: Notice of renewal of
Roger J. Huffsmith (WA) 85317): exemptions; request for comments.
Arrington Hughes (DC)
Joseph P. Hurston (MA) Bobby D. Bennett (GA)
SUMMARY: FMCSA announces its
Brian K. Hyler (WI) Mark S. Clemence (KS) decision to renew exemptions for 3
James A. Iozia (NJ) Mike W. Holland (IL) individuals from the hearing
Joshua D. Jaramillo (WA) requirement in the Federal Motor
Keven E. Johnson (TX) Dan M. McAllister (WI)
Carrier Safety Regulations (FMCSRs) for
Calvin E. Jones, Jr. (VA) Paul F. Rivers (MN) interstate commercial motor vehicle
Jerry M. Kilpatrick (AL) (CMV) drivers. The exemptions enable
Marcus V. Romo (ID)
Rex O. King (IA) these hard of hearing and deaf
Russell D. Koehler (WI) Wayne L. Snyder (OH)
individuals to continue to operate CMVs
Edward D. Krager (PA) Justin K. Zimmerschied (KS) in interstate commerce.
Richard A. Lange (IL)
Michael P. Leggett (WV) The drivers were included in docket DATES: Each group of renewed
John K. Long (MA) number FMCSA–2011–0383. Their exemptions were applicable on the
George S. Luce, Jr. (OH) exemptions are applicable as of April dates stated in the discussions below
Russell J. Luedecker (NJ) 27, 2018, and will expire on April 27, and will expire on the dates stated in
Renee N. Lycksell (WA) 2020. the discussions below. Comments must
Eugene D. Maessner (ND) be received on or before July 18, 2018.
As of April 30, 2018, and in
Daniel J. Mandell (NC) ADDRESSES: You may submit comments
accordance with 49 U.S.C. 31136(e) and
Brady T. Mart (IA) bearing the Federal Docket Management
Jack L. McClintock (PA) 31315, the following two individuals
have satisfied the renewal conditions for System (FDMS) Docket No. FMCSA–
John D. McGinley, Jr. (CA) 2012–0322; FMCSA–2013–0122;
Jimmie L. Melton (FL) obtaining an exemption from the rule
FMCSA–20130123; FMCSA–2015–0329;
Gareth L. Miller (OH) prohibiting drivers with ITDM from
and FMCSA–13–0124 using any of the
Jimmy C. Morcom (MI) driving CMVs in interstate commerce
following methods:
Kirk A. Mosier (IA) (79 FR 10612; 79 FR 14579; 79 FR • Federal eRulemaking Portal: Go to
Daniel A. Neuens (WI) 27685; 79 FR 28590; 81 FR 85317): http://www.regulations.gov. Follow the
Peter J. Niedzwiecki (PA) Charles L. Bryant, (PA); Christopher P. online instructions for submitting
Kevin R. OToole (WI) Martin, (NH). comments.
Mark C. Overbaugh (NY)
The drivers were included in docket • Mail: Docket Management Facility;
Mario A. Papa (RI)
numbers FMCSA–2014–0012; FMCSA– U.S. Department of Transportation, 1200
Joseph R. Puliafico (NY)
2014–0013. Their exemptions are New Jersey Avenue SE, West Building
Neal M. Quinton, Jr. (MA)
Howard G. Rau (MD) applicable as of April 30, 2018, and will Ground Floor, Room W12–140,
Andrew W. Reid (IN) expire on April 30, 2020. Washington, DC 20590–0001.
Brett M. Rice (PA) • Hand Delivery: West Building
In accordance with 49 U.S.C. 31315,
Jacob C. Rojan (IN) Ground Floor, Room W12–140, 1200
each exemption will be valid for two
Sholom Rub (NY) New Jersey Avenue SE, Washington,
years from the effective date unless DC, between 9 a.m. and 5 p.m., e.t.,
David J. Scimecca (NY) revoked earlier by FMCSA. The
Ronald D. Smith (IN) Monday through Friday, except Federal
exemption will be revoked if the Holidays.
Kenneth W. Swisher (IL)
following occurs: (1) The person fails to • Fax: 1–202–493–2251.
Melissa Tell (NY)
Jeremy N. Thompson (NY) comply with the terms and conditions Instructions: Each submission must
Charles R. Thompson, Jr. (KY) of the exemption; (2) the exemption has include the Agency name and the
Blane Tor (NJ) resulted in a lower level of safety than docket number(s) for this notice. Note
Samuel C. Tracy (WA) was maintained prior to being granted; that all comments received will be
Terry L. Underwood, Jr. (VA) or (3) continuation of the exemption posted without change to http://
Aaron M. Vanlanduit (MO) would not be consistent with the goals www.regulations.gov, including any
William O. Wallen (IL) and objectives of 49 U.S.C. 31136 and personal information provided. Please
Steven G. Wehrle (MO) 31315. see the Privacy Act heading below for
amozie on DSK3GDR082PROD with NOTICES1

James H. Wilkey (ID) further information.
Issued on: June 11, 2018
Joseph M. Wilson, II (WA) Docket: For access to the docket to
Joseph A. Wilson, Sr. (MA) Larry W. Minor,
read background documents or
Jefferson Yazzie (NM) Associate Administrator for Policy. comments, go to http://
Michael A. Zuke, Sr. (NY) [FR Doc. 2018–12988 Filed 6–15–18; 8:45 am] www.regulations.gov at any time or
The drivers were included in docket BILLING CODE 4910–EX–P Room W12–140 on the ground level of
numbers FMCSA–2015–0343; FMCSA– the West Building, 1200 New Jersey

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28320 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

Avenue SE, Washington, DC, between 9 49 CFR 391.41(b)(11) was adopted in exemptions are applicable as of May 18,
a.m. and 5 p.m., e.t., Monday through 1970, with a revision in 1971 to allow 2018, and will expire on May 18, 2020.
Friday, except Federal holidays. The drivers to be qualified under this
IV. Conditions and Requirements
FDMS is available 24 hours each day, standard while wearing a hearing aid,
365 days each year. If you want 35 FR 6458, 6463 (April 22, 1970) and The exemptions are extended subject
acknowledgment that we received your 36 FR 12857 (July 3, 1971). to the following conditions: (1) Each
comments, please include a self- The 3 individuals listed in this notice driver must report any crashes or
addressed, stamped envelope or have requested renewal of their accidents as defined in 49 CFR 390.5;
postcard or print the acknowledgement exemptions from the hearing standard and (2) report all citations and
page that appears after submitting in 49 CFR 391.41(b)(11), in accordance convictions for disqualifying offenses
comments online. with FMCSA procedures. Accordingly, under 49 CFR part 383 and 49 CFR 391
Privacy Act: In accordance with 5 FMCSA has evaluated these to FMCSA; and (3) each driver
U.S.C. 553(c), DOT solicits comments applications for renewal on their merits prohibited from operating a motorcoach
from the public to better inform its and decided to extend each exemption or bus with passengers in interstate
rulemaking process. DOT posts these for a renewable two-year period. commerce. The driver must also have a
comments, without edit, including any II. Request for Comments copy of the exemption when driving, for
personal information the commenter presentation to a duly authorized
Interested parties or organizations Federal, State, or local enforcement
provides, to http://www.regulations.gov,
possessing information that would official. In addition, the exemption does
as described in the system of records
otherwise show that any, or all, of these not exempt the individual from meeting
notice (DOT/ALL–14 FDMS), which can
drivers are not currently achieving the the applicable CDL testing
be reviewed at http://www.dot.gov/
statutory level of safety should requirements. Each exemption will be
privacy.
immediately notify FMCSA. The valid for two years unless rescinded
FOR FURTHER INFORMATION CONTACT: Ms. Agency will evaluate any adverse earlier by FMCSA. The exemption will
Christine A. Hydock, Chief, Medical evidence submitted and, if safety is be rescinded if: (1) The person fails to
Programs Division, 202–366–4001, being compromised or if continuation of comply with the terms and conditions
fmcsamedical@dot.gov, FMCSA, the exemption would not be consistent of the exemption; (2) the exemption has
Department of Transportation, 1200 with the goals and objectives of 49 resulted in a lower level of safety than
New Jersey Avenue SE, Room W64–224, U.S.C. 31136(e) and 31315, FMCSA will was maintained before it was granted; or
Washington, DC 20590–0001. Office take immediate steps to revoke the (3) continuation of the exemption would
hours are from 8:30 a.m. to 5 p.m., e.t., exemption of a driver. not be consistent with the goals and
Monday through Friday, except Federal III. Basis for Renewing Exemptions objectives of 49 U.S.C. 31136(e) and
holidays. If you have questions 31315.
regarding viewing or submitting In accordance with 49 U.S.C. 31136(e)
material to the docket, contact Docket and 31315, each of the 19 applicants has V. Preemption
Services, telephone (202) 366–9826. satisfied the renewal conditions for During the period the exemption is in
obtaining an exemption from the effect, no State shall enforce any law or
SUPPLEMENTARY INFORMATION:
hearing requirement. The 19 drivers in regulation that conflicts with this
I. Background this notice remain in good standing with exemption with respect to a person
the Agency. In addition, for Commercial operating under the exemption.
Under 49 U.S.C. 31136(e) and 31315, Driver’s License (CDL) holders, the
FMCSA may grant an exemption for five Commercial Driver’s License VI. Conclusion
years if it finds ‘‘such exemption would Information System (CDLIS) and the
likely achieve a level of safety that is Based upon its evaluation of the 19
Motor Carrier Management Information exemption applications, FMCSA renews
equivalent to or greater than the level System (MCMIS) are searched for crash
that would be achieved absent such the exemptions of the aforementioned
and violation data. For non-CDL drivers from the hearing requirement in
exemption.’’ The statute also allows the holders, the Agency reviews the driving
Agency to renew exemptions at the end 49 CFR 391.41 (b)(11). In accordance
records from the State Driver’s with 49 U.S.C. 31136(e) and 31315, each
of the five-year period. FMCSA grants Licensing Agency (SDLA). These factors
exemptions from the FMCSRs for a two- exemption will be valid for two years
provide an adequate basis for predicting unless revoked earlier by FMCSA.
year period to align with the maximum each driver’s ability to continue to
duration of a driver’s medical safely operate a CMV in interstate Issued on: June 11, 2018.
certification. commerce. Therefore, FMCSA Larry W. Minor,
The physical qualification standard concludes that extending the exemption Associate Administrator for Policy.
for drivers regarding hearing found in for each of these drivers for a period of [FR Doc. 2018–13013 Filed 6–15–18; 8:45 am]
49 CFR 391.41(b)(11) states that a two years is likely to achieve a level of BILLING CODE 4910–EX–P
person is physically qualified to driver safety equal to that existing without the
a CMV if that person first perceives a exemption.
forced whispered voice in the better ear As of May 18, 2018, and in DEPARTMENT OF TRANSPORTATION
at not less than 5 feet with or without accordance with 49 U.S.C. 31136(e) and
the use of a hearing aid or, if tested by 31315, the following 3 individuals have Federal Motor Carrier Safety
use of an audiometric device, does not satisfied the renewal conditions for Administration
amozie on DSK3GDR082PROD with NOTICES1

have an average hearing loss in the obtaining an exemption from the
better ear greater than 40 decibels at 500 [Docket No. FMCSA–2018–0012]
hearing requirement in the FMCSRs for
Hz, 1,000 Hz, and 2,000 Hz with or interstate CMV drivers: Qualification of Drivers; Exemption
without a hearing aid when the Tom Buretz, (FL); James Dalrymple, Applications; Vision
audiometric device is calibrated to (AZ); and Derron Washington. (IL).
American National Standard (formerly The drivers were included in docket AGENCY:Federal Motor Carrier Safety
ASA Standard) Z24.5—1951. number FMCSA–2015–0328. Their Administration (FMCSA), DOT.

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Document Created: 2018-06-18 15:50:57
Document Modified: 2018-06-18 15:50:57

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		Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before July 18, 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 28319

83 FR 28319 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration