83 FR 40631 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range		40631-40632
FR Document		2018-17607

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 158 (Wednesday, August 15, 2018)

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40631-40632]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17607]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0060]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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

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 June 30, 2018. The exemptions 
expire on June 30, 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 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 May 29, 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 
24552). The public comment period ended on June 28, 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 drive 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

[[Page 40632]]

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. Vicky Johnson, of 
the Minnesota Department of Safety wrote that the Minnesota Department 
of Safety has no objections to Gary T. Nagel obtaining a hearing 
exemption.

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:

Alan M. Bridgeford (NV)
Mataio Brown (MS)
Leroy Carter (OH)
Robert M. Cates (NM)
Rocky R. Chin (WA)
Ralph E. Craig (IL)
Cesar DeLeon (TX)
Brody DiPasquale (MD)
Edward J. Duhon (AL)
Lyle Eash (OH)
Richard R. Fisher (PA)
Kinberly I. Foss (CA)
Bradley Ledford (TN)
Dustin McFadden (TX)
Francisco M. Mendoza (CA)
Jack W. Mitchell (TX)
Eugene Mostepan (CA)
Steven Moorehead (OH)
Gary T. Nagel (MN)
Marcel Paul (WA)
Dexter E. Perez (WI)
Connie Ralston (GA)
Noble D. Reed (TX)
Kurt Sanders (VA)
David L. Schibilla (IL)
Pamela Singleton (TX)
Robert W. Slate (NM)
Willine D. Smith (GA)
Michael R. Tayman (ME)
Jason R. Winemiller (IL)

    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: August 9, 2018
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17607 Filed 8-14-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40631

diabetes; also, any involvement in an Blake T. Pinkston (IN) Department of Transportation, 1200
accident or any other adverse event in Dustin C. Riley (NY) New Jersey Avenue SE, Room W64–224,
a CMV or personal vehicle, whether or Wes D. Rodrigue (NH) Washington, DC 20590–0001. Office
not it is related to an episode of Jonathan C. Shultz (IA) hours are from 8:30 a.m. to 5 p.m., e.t.,
hypoglycemia; (3) each driver must Michael P. Scott (SC) Monday through Friday, except Federal
provide a copy of the ophthalmologist’s Patrick E. Sevier (IA) holidays. If you have questions
or optometrist’s report to the Medical Keith O. Shaw, Sr. (IL) regarding viewing or submitting
Examiner at the time of the annual Rosalie A. Silva (CA) material to the docket, contact Docket
medical examination; and (4) each James R. Sizemore (VA) Services, telephone (202) 366–9826.
driver must provide a copy of the David A. Stedford (CT) SUPPLEMENTARY INFORMATION:
annual medical certification to the Geraldine St-Germain (NJ)
Theodore F. Stuard II (IN) I. Electronic Access
employer for retention in the driver’s
qualification file, or keeping a copy in Richard J. Taylor (IL) You may see all the comments online
his/her driver’s qualification file if he/ Chris A. Voelker (IA) through the Federal Document
she is self-employed. The driver must Benjamin B. Webb (NC) Management System (FDMS) at: http://
also have a copy of the exemption when Donnie E. Winters (MS) www.regulations.gov.
driving, for presentation to a duly Heath A. Woodiwiss (MN) Docket: For access to the docket to
authorized Federal, State, or local Anthony K. Zelinsky (NJ) read background documents or
enforcement official. In accordance with 49 U.S.C. 31136(e) comments, go to http://
and 31315, each exemption will be valid www.regulations.gov and/or Room
VI. Preemption for two years from the effective date W12–140 on the ground level of the
During the period the exemption is in unless revoked earlier by FMCSA. The West Building, 1200 New Jersey Avenue
effect, no State shall enforce any law or exemption will be revoked if the SE, Washington, DC, between 9 a.m. and
regulation that conflicts with this following occurs: (1) The person fails to 5 p.m., e.t., Monday through Friday,
exemption with respect to a person comply with the terms and conditions except Federal holidays.
operating under the exemption. of the exemption; (2) the exemption has Privacy Act: In accordance with 5
resulted in a lower level of safety than U.S.C. 553(c), DOT solicits comments
VII. Conclusion was maintained prior to being granted; from the public to better inform its
Based upon its evaluation of the 53 or (3) continuation of the exemption rulemaking process. DOT posts these
exemption applications, FMCSA would not be consistent with the goals comments, without edit, including any
exempts the following drivers from the and objectives of 49 U.S.C. 31136(e) and personal information the commenter
diabetes requirement in 49 CFR 31315. provides, to http://www.regulations.gov,
391.41(b)(10), subject to the as described in the system of records
Issued on: August 8, 2018.
requirements cited above: notice (DOT/ALL–14 FDMS), which can
Larry W. Minor, be reviewed at http://www.dot.gov/
Jason M. Abbott (OH) Associate Administrator for Policy.
Casey L. Alt (CO) privacy.
[FR Doc. 2018–17592 Filed 8–14–18; 8:45 am]
Joseph E. Beach (OH) II. Background
BILLING CODE 4910–EX–P
Eli A. Berkowitz (NJ)
Todd O. Blackwell (ID) On May 29, 2018 FMCSA published
Joel H. Blancett, Jr. (NM) a notice announcing receipt of
Robert H. Blowers (OH) DEPARTMENT OF TRANSPORTATION applications from 30 individuals
David R. Booth (CT) requesting an exemption from the
Federal Motor Carrier Safety hearing requirement in 49 CFR
Travis W. Bradford (KY) Administration
Darrel L. Burke (SD) 391.41(b)(11) to operate a CMV in
Bryan D. Cash (MI) [Docket No. FMCSA–2017–0060] interstate commerce and requested
Marty A. Collins (OK) comments from the public (83 FR
Gino R. Couch (IN) Qualification of Drivers; Exemption 24552). The public comment period
James D. Denison (IA) Applications; Hearing ended on June 28, 2018, and one
David L. Derossett, Jr. (IN) comment was received.
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility
John L. Enterkin (IN) Administration (FMCSA), DOT.
William H. Ervin (NC) of these applicants and determined that
ACTION: Notice of final disposition. granting exemptions to these
Scot A. Etgen (OH)
Zachary D. Fairbanks (OH) individuals would achieve a level of
SUMMARY: FMCSA announces its safety equivalent to or greater than the
Ward W. Genzel (MT) decision to exempt 30 individuals from
Kasey D. Green (CA) level that would be achieved by
the hearing requirement in the Federal complying with the current regulation
Justin A. Hamic (AL) Motor Carrier Safety Regulations
Philip F. Headington (IA) 49 CFR 391.41(b)(11).
(FMCSRs) to operate a commercial The physical qualification standard
Jason A. Hendrickson (WA) motor vehicle (CMV) in interstate
Bobby R. Isaacson (MN) for drivers regarding hearing found in
commerce. The exemptions enable these 49 CFR 391.41(b)(11) states that a
John W. Johnson (FL)
hard of hearing and deaf individuals to person is physically qualified to drive a
Douglas E. Kanesky, Jr. (AZ)
operate CMVs in interstate commerce. CMV if that person first perceives a
William D. Kincaid, Jr. (MA)
daltland on DSKBBV9HB2PROD with NOTICES

David W. Koch (PA) DATES: The exemptions were applicable forced whispered voice in the better ear
Christopher N. Lacy (WV) on June 30, 2018. The exemptions at not less than 5 feet with or without
John G. Lopez (TX) expire on June 30, 2020. the use of a hearing aid or, if tested by
David E. Marvin (IA) FOR FURTHER INFORMATION CONTACT: Ms. use of an audiometric device, does not
Bruce R. McDaniel (OK) Christine A. Hydock, Chief, Medical have an average hearing loss in the
Edward A. Oikemus, Jr. (MD) Programs Division, (202) 366–4001, better ear greater than 40 decibels at 500
Tony L. Pennywell (FL) fmcsamedical@dot.gov, FMCSA, Hz, 1,000 Hz, and 2,000 Hz with or

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40632 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

without a hearing aid when the exemption have demonstrated that they Pamela Singleton (TX)
audiometric device is calibrated to do not pose a risk to public safety. Robert W. Slate (NM)
American National Standard (formerly Consequently, FMCSA finds that in Willine D. Smith (GA)
ASA Standard) Z24.5—1951. each case exempting these applicants Michael R. Tayman (ME)
49 CFR 391.41(b)(11) was adopted in from the hearing standard in 49 CFR Jason R. Winemiller (IL)
1970, with a revision in 1971 to allow 391.41(b)(11) is likely to achieve a level In accordance with 49 U.S.C. 31315,
drivers to be qualified under this of safety equal to that existing without each exemption will be valid for two
standard while wearing a hearing aid, the exemption. years from the effective date unless
35 FR 6458, 6463 (April 22, 1970) and revoked earlier by FMCSA. The
IV. Conditions and Requirements
36 FR 12857 (July 3, 1971). exemption will be revoked if the
The terms and conditions of the following occurs: (1) The person fails to
III. Discussion of Comments exemption are provided to the comply with the terms and conditions
FMCSA received one comment in this applicants in the exemption document of the exemption; (2) the exemption has
proceeding. Vicky Johnson, of the and includes the following: (1) Each resulted in a lower level of safety than
Minnesota Department of Safety wrote driver must report any crashes or was maintained prior to being granted;
that the Minnesota Department of Safety accidents as defined in 49 CFR 390.5; or (3) continuation of the exemption
has no objections to Gary T. Nagel (2) each driver must report all citations would not be consistent with the goals
obtaining a hearing exemption. and convictions for disqualifying and objectives of 49 U.S.C. 31136 and
offenses under 49 CFR part 383 and 49 31315.
Basis for Exemption Determination CFR 391 to FMCSA; and (3) each driver
Issued on: August 9, 2018
Under 49 U.S.C. 31136(e) and is prohibited from operating a
Larry W. Minor,
31315(b), FMCSA may grant an motorcoach or bus with passengers in
interstate commerce. The driver must Associate Administrator for Policy.
exemption from the hearing standard in
also have a copy of the exemption when [FR Doc. 2018–17607 Filed 8–14–18; 8:45 am]
49 CFR 391.41(b)(11) if the exemption is
likely to achieve an equivalent or greater driving, for presentation to a duly BILLING CODE 4910–EX–P

level of safety than would be achieved authorized Federal, State, or local
without the exemption. The exemption enforcement official. In addition, the
exemption does not exempt the DEPARTMENT OF TRANSPORTATION
allows the applicants to operate CMVs
in interstate commerce. individual from meeting the applicable
Federal Motor Carrier Safety
The Agency’s decision regarding these CDL testing requirements.
Administration
exemption applications is based on V. Preemption [Docket No. FMCSA–2018–0016]
current medical information and
During the period the exemption is in
literature, and the 2008 Evidence Qualification of Drivers; Exemption
effect, no State shall enforce any law or
Report, ‘‘Executive Summary on Applications; Vision
regulation that conflicts with this
Hearing, Vestibular Function and
exemption with respect to a person AGENCY: Federal Motor Carrier Safety
Commercial Motor Driving Safety.’’ The
operating under the exemption. Administration (FMCSA), DOT.
evidence report reached two
conclusions regarding the matter of VI. Conclusion ACTION: Notice of denials.
hearing loss and CMV driver safety: (1) Based upon its evaluation of the 30
No studies that examined the SUMMARY: FMCSA announces its
exemption applications, FMCSA decision to deny applications from 110
relationship between hearing loss and exempts the following drivers from the
crash risk exclusively among CMV individuals who requested an
hearing standard, 49 CFR 391.41(b)(11), exemption from the vision standard in
drivers were identified; and (2) evidence subject to the requirements cited above:
from studies of the private driver’s the Federal Motor Carrier Safety
Alan M. Bridgeford (NV) Regulations (FMCSRs) to operate a CMV
license holder population does not
Mataio Brown (MS) in interstate commerce.
support the contention that individuals
Leroy Carter (OH)
with hearing impairment are at an FOR FURTHER INFORMATION CONTACT: Ms.
Robert M. Cates (NM)
increased risk for a crash. In addition, Rocky R. Chin (WA) Christine A. Hydock, Chief, Medical
the Agency reviewed each applicant’s Ralph E. Craig (IL) Programs Division, (202) 366–4001,
driving record found in the Commercial Cesar DeLeon (TX) fmcsamedical@dot.gov, FMCSA,
Driver’s License Information System Brody DiPasquale (MD) Department of Transportation, 1200
(CDLIS), for commercial driver’s license Edward J. Duhon (AL) New Jersey Avenue SE, Room W64–224,
(CDL) holders, and inspections recorded Lyle Eash (OH) Washington, DC 20590–0001. Office
in the Motor Carrier Management Richard R. Fisher (PA) hours are from 8:30 a.m. to 5 p.m., e.t.,
Information System (MCMIS). For non- Kinberly I. Foss (CA) Monday through Friday, except Federal
CDL holders, the Agency reviewed the Bradley Ledford (TN) holidays.
driving records from the State Driver’s Dustin McFadden (TX) SUPPLEMENTARY INFORMATION:
Licensing Agency (SDLA). Each Francisco M. Mendoza (CA)
applicant’s record demonstrated a safe I. Electronic Access
Jack W. Mitchell (TX)
driving history. Based on an individual Eugene Mostepan (CA) You may see all the comments online
assessment of each applicant that Steven Moorehead (OH) through the Federal Document
daltland on DSKBBV9HB2PROD with NOTICES

focused on whether an equal or greater Gary T. Nagel (MN) Management System (FDMS) at: http://
level of safety is likely to be achieved by Marcel Paul (WA) www.regulations.gov.
permitting each of these drivers to drive Dexter E. Perez (WI) Docket: For access to the docket to
in interstate commerce as opposed to Connie Ralston (GA) read background documents or
restricting him or her to driving in Noble D. Reed (TX) comments, go to http://
intrastate commerce, the Agency Kurt Sanders (VA) www.regulations.gov and/or Room
believes the drivers granted this David L. Schibilla (IL) W12–140 on the ground level of the

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Document Created: 2018-08-15 01:26:01
Document Modified: 2018-08-15 01:26:01

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 June 30, 2018. The exemptions expire on June 30, 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 40631

83 FR 40631 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration