83 FR 60945 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 228 (November 27, 2018)

Page Range		60945-60946
FR Document		2018-25842

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 228 (Tuesday, November 27, 2018)

[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60945-60946]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25842]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0135]


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 October 13, 2018. The 
exemptions expire on October 13, 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., 
ET, 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. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0135, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On September 10, 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 
45745). The public comment period ended on October 10, 2018, and two 
comments were 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 two comments in this proceeding. Vicky Johnson, of 
Minnesota Department of Safety, wrote there are no objections to Thomas 
D. Sneer receiving a hearing exemption. An anonymous commenter 
indicated that Donald Reamsnyder of Florida, is seeking the exemption 
for a B CDL with Passenger/School Bus endorsement. The Agency's Federal 
Hearing Exemption stipulates, that the driver granted a hearing 
exemption is prohibited from operating a motorcoach or bus with 
passengers in interstate commerce.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
for up to five years 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. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum duration of a driver's medical certification.
    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

[[Page 60946]]

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.

V. 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.

VI. 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.

VII. 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:

David Alagna, (IL)
Matthew H. Albrecht, (PA)
Raymond Amundson, (OK)
Michael Arwood, (TN)
Jonathan D. Ball, (PA)
Gerald Bennett, (NH)
Dominick Booker, (PA)
Michael Borman, (CO)
Russel Brannan, (GA)
Gerald Buoniconti, (MA)
Luke C. Bundrum, (GA)
Steven D. Chambers, (OK)
Michael Dohanish, (OH)
Ralph K. Domel, (TX)
Jacquelyn Hetherington, (OK)
Julian Koch, (TX)
Jeremy Lampart, (SC)
Jay Larson, (TX)
Thomas E. McLaughlin, (NY)
Dustin R. Miller, (MI)
Eric D. Peer, (DE)
Jose B. Ramirez, (IL)
Donald Reamsayder, (FL)
Kenneth W. Reimer, (WI)
Troy Rolland, (TX)
Thomas D. Sneer, (MN)
Carlos Talamantes, (TX)
Kenneth Weaver, (TX)
Paul Whetstone, (AZ)
Jason Wynne, (TX)

    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: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25842 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-EX-P

60946 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices

license holder population does not Matthew H. Albrecht, (PA) FMCSA announces its plan to submit
support the contention that individuals Raymond Amundson, (OK) the Information Collection Request (ICR)
with hearing impairment are at an Michael Arwood, (TN) described below to the Office of
increased risk for a crash. In addition, Jonathan D. Ball, (PA) Management and Budget (OMB) for its
the Agency reviewed each applicant’s Gerald Bennett, (NH) review and approval and invites public
driving record found in the Commercial Dominick Booker, (PA) comment. This new request titled
Driver’s License Information System Michael Borman, (CO) ‘‘Truck and Bus Maintenance
(CDLIS), for commercial driver’s license Russel Brannan, (GA) Requirements and Their Impact on
(CDL) holders, and inspections recorded Gerald Buoniconti, (MA) Safety’’ will allow for a study that
in the Motor Carrier Management Luke C. Bundrum, (GA) focuses on vehicle maintenance and
Information System (MCMIS). For non- Steven D. Chambers, (OK) aims to determine the impact of vehicle
CDL holders, the Agency reviewed the Michael Dohanish, (OH) maintenance requirements on overall
driving records from the State Driver’s Ralph K. Domel, (TX)
motor carrier safety. This information
Licensing Agency (SDLA). Each Jacquelyn Hetherington, (OK)
Julian Koch, (TX) collection supports the DOT Strategic
applicant’s record demonstrated a safe Goal of Safety.
driving history. Based on an individual Jeremy Lampart, (SC)
Jay Larson, (TX) DATES: Please send your comments by
assessment of each applicant that December 27, 2018. OMB must receive
Thomas E. McLaughlin, (NY)
focused on whether an equal or greater your comments by this date in order to
Dustin R. Miller, (MI)
level of safety is likely to be achieved by act quickly on the ICR.
Eric D. Peer, (DE)
permitting each of these drivers to drive ADDRESSES: All comments should
Jose B. Ramirez, (IL)
in interstate commerce as opposed to Donald Reamsayder, (FL) reference Federal Docket Management
restricting him or her to driving in Kenneth W. Reimer, (WI) System (FDMS) Docket Number
intrastate commerce, the Agency Troy Rolland, (TX) FMCSA–2018–0189. Interested persons
believes the drivers granted this Thomas D. Sneer, (MN) are invited to submit written comments
exemption have demonstrated that they Carlos Talamantes, (TX) on the proposed information collection
do not pose a risk to public safety. Kenneth Weaver, (TX)
Consequently, FMCSA finds that in to the Office of Information and
Paul Whetstone, (AZ) Regulatory Affairs, Office of
each case exempting these applicants Jason Wynne, (TX)
from the hearing standard in 49 CFR Management and Budget. Comments
In accordance with 49 U.S.C. 31315, should be addressed to the attention of
391.41(b)(11) is likely to achieve a level
each exemption will be valid for two the Desk Officer, Department of
of safety equal to that existing without
years from the effective date unless Transportation/Federal Motor Carrier
the exemption.
revoked earlier by FMCSA. The Safety Administration, and sent via
V. Conditions and Requirements exemption will be revoked if the electronic mail to oira_submission@
The terms and conditions of the following occurs: (1) The person fails to omb.eop.gov, or faxed to (202) 395–
exemption are provided to the comply with the terms and conditions 6974, or mailed to the Office of
applicants in the exemption document of the exemption; (2) the exemption has Information and Regulatory Affairs,
and includes the following: (1) Each resulted in a lower level of safety than Office of Management and Budget,
driver must report any crashes or was maintained prior to being granted; Docket Library, Room 10102, 725 17th
accidents as defined in 49 CFR 390.5; or (3) continuation of the exemption Street NW, Washington, DC 20503.
(2) each driver must report all citations would not be consistent with the goals FOR FURTHER INFORMATION CONTACT:
and convictions for disqualifying and objectives of 49 U.S.C. 31136 and Quon Y. Kwan, Program Manager,
offenses under 49 CFR part 383 and 49 31315. Technology Division, Department of
CFR 391 to FMCSA; and (3) each driver Issued on: November 20, 2018. Transportation, Federal Motor Carrier
is prohibited from operating a Larry W. Minor, Safety Administration, 6th Floor, West
motorcoach or bus with passengers in Associate Administrator for Policy. Building, 1200 New Jersey Avenue SE,
interstate commerce. The driver must [FR Doc. 2018–25842 Filed 11–26–18; 8:45 am]
Washington, DC 20590–0001.
also have a copy of the exemption when Telephone: 202–385–2389; Email
BILLING CODE 4910–EX–P
driving, for presentation to a duly Address: quon.kwan@dot.gov. Office
authorized Federal, State, or local hours are from 9 a.m. to 5 p.m., Monday
enforcement official. In addition, the DEPARTMENT OF TRANSPORTATION through Friday, except Federal
exemption does not exempt the Holidays.
individual from meeting the applicable Federal Motor Carrier Safety SUPPLEMENTARY INFORMATION:
CDL testing requirements. Administration Title: Truck and Bus Maintenance
VI. Preemption [Docket No. FMCSA–2018–0189] Requirements and Their Impact on
Safety.
During the period the exemption is in OMB Control Number: 2126–00XX.
Agency Information Collection
effect, no State shall enforce any law or Type of Request: New information
Activities; Approval of a New
regulation that conflicts with this collection.
Information Collection Request: Truck
exemption with respect to a person Respondents: Freight motor carriers
and Bus Maintenance Requirements
operating under the exemption. and passenger carriers.
and Their Impact on Safety
Estimated Number of Respondents:
amozie on DSK3GDR082PROD with NOTICES1

VII. Conclusion
AGENCY: Federal Motor Carrier Safety 578 respondents will complete the
Based upon its evaluation of the 30 Administration (FMCSA), DOT. Online Recruitment Survey. Of those
exemption applications, FMCSA ACTION: Notice and request for 578 respondents, 289 will also complete
exempts the following drivers from the comments. the Carrier Maintenance Manager
hearing standard, 49 CFR 391.41(b)(11), Survey.
subject to the requirements cited above: SUMMARY: In accordance with the Estimated Time per Response: Varies
David Alagna, (IL) Paperwork Reduction Act of 1995, [Online Recruitment Survey: 5 minutes.

VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1

Document Created: 2018-11-27 01:24:04
Document Modified: 2018-11-27 01:24:04

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 October 13, 2018. The exemptions expire on October 13, 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., ET, 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 60945

83 FR 60945 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 228 (November 27, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration