83 FR 6698 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range		6698-6699
FR Document		2018-03035

FMCSA confirms its decision to exempt twenty six 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 31 (Wednesday, February 14, 2018)

[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6698-6699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03035]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0003]


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 confirms its decision to exempt twenty six 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 the dates stated in the 
discussions below. The exemptions expire on the dates stated in the 
discussions below.

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

[[Page 6699]]

5 p.m., 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 October 3, 2016 FMCSA published a notice announcing receipt of 
applications from 26 individuals requesting an exemption from the 
hearin requirement in 49 CFR 391.41(b)(11) to operate a CMV in 
interstate commerce and requested comments from the public (FR 81 
68096). The public comment period ended on November 3, 2016 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 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 one comment in this proceeding. Deb Carlson, from 
the Minnesota DMV office, noted that Matthew R. Burgoyne is no longer a 
Minnesota CDL holder and that he changed his state of record to Idaho.

IV. 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 CFR391.41(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 drive 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 crashed 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 26 exemption applications, FMCSA 
exempts the following drivers from the hearing standard, 49 CFR 
391.41(b)(11), subject to the requirements cited above:

Kay Baden (OR)
Wyatt M. Baldwin (NV)
Moises Becerra (TX)
Matthew R. Burgoyne (ID)
Pedro H. Calas (FL)
David T. Carlson (WI)
Marco A. Cisneros (CA)
Mark B. Cole (CA)
Filipe S. Fernandez (FL)
Joshua Gelona (OK)
William D. Gum (TX)
Reginald C. Holmes (AZ)
Gary D. McBride (FL)
Brent D. McCaffery (IA)
Benjeol C. Morton (GA)
Anthony S. Papa (OH)
Eduardo Pedregal (TX)
Charles L. Pitt (AL)
David Y. Pro (CA)
Leonardo Pupo-Tuperet (WA)
Edgar J. Ramos (IL)
Ronald D. Rumsey (IA)
Johnny Seng (RI)
Michael Sladick (OH)
Brian J. Walthall (KS)
Jack Whitewater (FL)

    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: February 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03035 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P

6698 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices

Marvin R. Shipman (GA) exemptions are applicable as of October comply with the terms and conditions
Chris W. Smaltz (AZ) 22, 2017, and will expire on October 22, of the exemption; (2) the exemption has
Randy E. Veit (IL) 2019. resulted in a lower level of safety than
Edwin C.E. Whitcomb (ND) As of October 23, 2017, and in was maintained prior to being granted;
Steven S. Whitt, Sr. (MO) accordance with 49 U.S.C. 31136(e) and or (3) continuation of the exemption
Derek J. Wright (AL) 31315, the following 13 individuals would not be consistent with the goals
Donald W. Yeager (PA) have satisfied the renewal conditions for and objectives of 49 U.S.C. 31136 and
Mick B. Zoske (IA) obtaining an exemption from the rule 31315.
The drivers were included in docket prohibiting drivers with ITDM from
numbers FMCSA–2007–27801; Issued on: February 7, 2018.
driving CMVs in interstate commerce Larry W. Minor,
FMCSA–2008–0175; FMCSA–2013– (78 FR 38435; 78 FR 63294):
0182. Their exemptions are applicable Associate Administrator for Policy.
Craig W. Blackner (UT)
as of October 15, 2017, and will expire [FR Doc. 2018–03069 Filed 2–13–18; 8:45 am]
John L. Fischer (ND)
on October 15, 2019. Douglas E. Gibbs (TX) BILLING CODE 4910–EX–P
As of October 18, 2017, and in
Clarence H. Holliman Jr. (MS)
accordance with 49 U.S.C. 31136(e) and Tracy S. Johnson (FL)
31315, Justin R. Freeman (ID) has DEPARTMENT OF TRANSPORTATION
Chad D. Labonte (ID)
satisfied the renewal conditions for Jason J. Marks (LA)
obtaining an exemption from the rule Federal Motor Carrier Safety
Keith R. McKeever (PA) Administration
prohibiting drivers with ITDM from Alberto Ramirez (CA)
driving CMVs in interstate commerce Brian S. Ruth (AK) [Docket No. FMCSA–2016–0003]
(78 FR 38435; 78 FR 63294). Ronald S. Smith (NJ)
This driver was included in docket Lawrence E. Starks, Sr. (IN) Qualification of Drivers; Exemption
number FMCSA–2013–0181. The Calvin C. Wallingford (NY) Applications; Hearing
exemption is applicable as of October
The drivers were included in docket AGENCY: Federal Motor Carrier Safety
18, 2017, and will expire on October 18,
number FMCSA–2013–0181. Their Administration (FMCSA), DOT.
2019.
exemptions are applicable as of October ACTION: Notice of final disposition.
As of October 19, 2017, and in 23, 2017, and will expire on October 23,
accordance with 49 U.S.C. 31136(e) and 2019. SUMMARY: FMCSA confirms its decision
31315, the following nine individuals As of October 28, 2017, and in to exempt twenty six individuals from
have satisfied the renewal conditions for accordance with 49 U.S.C. 31136(e) and the hearing requirement in the Federal
obtaining an exemption from the rule 31315, Ricky A. Root (IL) has satisfied Motor Carrier Safety Regulations
prohibiting drivers with ITDM from the renewal conditions for obtaining an (FMCSRs) to operate a commercial
driving CMVs in interstate commerce exemption from the rule prohibiting motor vehicle (CMV) in interstate
(72 FR 50442; 72 FR 59332; 74 FR drivers with ITDM from driving CMVs commerce. The exemptions enable these
41486; 74 FR 53583): in interstate commerce (78 FR 50486; 78 hard of hearing and deaf individuals to
Jim E. Chester (IN) FR 65031). operate CMVs in interstate commerce.
Blaine H. Holmes (UT) This driver was included in docket DATES: The exemptions were applicable
James R. Hudson (AZ) number FMCSA–2013–0182. The on the dates stated in the discussions
Roger L. Kaufman (KY) exemption is applicable as of October below. The exemptions expire on the
Clifford L. Rayl (IN) 28, 2017, and will expire on October 28,
Steven J. Shaw (NV) dates stated in the discussions below.
Scott L. Stamstad (WI) 2019. FOR FURTHER INFORMATION CONTACT: Ms.
Kendell R. Strassman (WI) As of October 30, 2017, and in Christine A. Hydock, Chief, Medical
Maurice L. Wedel (KS) accordance with 49 U.S.C. 31136(e) and Programs Division, (202) 366–4001,
31315, the following seven individuals fmcsamedical@dot.gov, FMCSA,
The drivers were included in docket
have satisfied the renewal conditions for Department of Transportation, 1200
numbers FMCSA–2007–28536;
obtaining an exemption from the rule New Jersey Avenue SE, Room W64–224,
FMCSA–2009–0207. Their exemptions
prohibiting drivers with ITDM from Washington, DC 20590–0001. Office
are applicable as of October 19, 2017,
driving CMVs in interstate commerce hours are from 8:30 a.m. to 5 p.m., e.t.,
and will expire on October 19, 2019.
As of October 22, 2017, and in (78 FR 50486; 78 FR 65031): Monday through Friday, except Federal
accordance with 49 U.S.C. 31136(e) and Peter Engel (PA) holidays. If you have questions
31315, the following nine individuals Jhon A. Fitzgerald (ME) regarding viewing or submitting
have satisfied the renewal conditions for Lewis E. Forrester (PA) material to the docket, contact Docket
obtaining an exemption from the rule Ray Harrison (MD) Services, telephone (202) 366–9826.
prohibiting drivers with ITDM from Charles LaBruno (PA) SUPPLEMENTARY INFORMATION:
driving CMVs in interstate commerce Shawn E. Marks (PA)
Donald G. Staggs (CA) I. Electronic Access
(73 FR 52451; 73 FR 63041):
Michael B. Bennington, Sr. (PA) The drivers were included in docket You may see all the comments online
Larry J. Eischens (SD) number FMCSA–2013–0182. Their through the Federal Document
David J. Hanzl (NY) exemptions are applicable as of October Management System (FDMS) at: http://
Thomas R. Jones (OH) 30, 2017, and will expire on October 30, www.regulations.gov.
daltland on DSKBBV9HB2PROD with NOTICES

John G. Schaible, Jr. (NY) 2019. Docket: For access to the docket to
Rory J. Seleman (IL) In accordance with 49 U.S.C. 31315, read background documents or
Chase M. Wells (NY) each exemption will be valid for two comments, go to http://
Laurie E. White (NY) years from the effective date unless www.regulations.gov and/or Room
Craig E. Wolf (IL) revoked earlier by FMCSA. The W12–140 on the ground level of the
The drivers were included in docket exemption will be revoked if the West Building, 1200 New Jersey Avenue
number FMCSA–2008–0267. Their following occurs: (1) The person fails to SE, Washington, DC, between 9 a.m. and

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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6699

5 p.m., Monday through Friday, except 49 CFR391.41(b)(11) if the exemption is driving, for presentation to a duly
Federal holidays. likely to achieve an equivalent or greater authorized federal, State, or local
Privacy Act: In accordance with 5 level of safety than would be achieved enforcement official. In addition, the
U.S.C. 553(c), DOT solicits comments without the exemption. The exemption exemption does not exempt the
from the public to better inform its allows the applicants to operate CMVs individual from meeting the applicable
rulemaking process. DOT posts these in interstate commerce. CDL testing requirements.
comments, without edit, including any The Agency’s decision regarding these
personal information the commenter exemption applications is based on VI. Preemption
provides, to http://www.regulations.gov, current medical information and During the period the exemption is in
as described in the system of records literature, and the 2008 Evidence effect, no State shall enforce any law or
notice (DOT/ALL–14 FDMS), which can Report, ‘‘Executive Summary on regulation that conflicts with this
be reviewed at http://www.dot.gov/ Hearing, Vestibular Function and exemption with respect to a person
privacy. Commercial Motor Driving Safety.’’ The operating under the exemption.
evidence report reached two
II. Background conclusions regarding the matter of VII. Conclusion
On October 3, 2016 FMCSA published hearing loss and CMV driver safety: (1) Based upon its evaluation of the 26
a notice announcing receipt of No studies that examined the exemption applications, FMCSA
applications from 26 individuals relationship between hearing loss and exempts the following drivers from the
requesting an exemption from the crash risk exclusively among CMV hearing standard, 49 CFR 391.41(b)(11),
hearin requirement in 49 CFR drivers were identified; and (2) evidence subject to the requirements cited above:
391.41(b)(11) to operate a CMV in from studies of the private driver’s
Kay Baden (OR)
interstate commerce and requested license holder population does not
comments from the public (FR 81 support the contention that individuals Wyatt M. Baldwin (NV)
68096). The public comment period with hearing impairment are at an Moises Becerra (TX)
ended on November 3, 2016 and one increased risk for a crash. In addition, Matthew R. Burgoyne (ID)
comment was received. the Agency reviewed each applicant’s Pedro H. Calas (FL)
FMCSA has evaluated the eligibility driving record found in the Commercial David T. Carlson (WI)
of these applicants and determined that Driver’s License Information System Marco A. Cisneros (CA)
granting exemptions to these (CDLIS), for commercial driver’s license Mark B. Cole (CA)
individuals would achieve a level of (CDL) holders, and inspections recorded Filipe S. Fernandez (FL)
safety equivalent to or greater than the in the Motor Carrier Management Joshua Gelona (OK)
level that would be achieved by Information System (MCMIS). For non- William D. Gum (TX)
complying with the current regulation CDL holders, the Agency reviewed the
Reginald C. Holmes (AZ)
49 CFR 391.41(b)(11). driving records from the State Driver’s
The physical qualification standard Licensing Agency (SDLA). Each Gary D. McBride (FL)
for drivers regarding hearing found in applicant’s record demonstrated a safe Brent D. McCaffery (IA)
49 CFR 391.41(b)(11) states that a driving history. Based on an individual Benjeol C. Morton (GA)
person is physically qualified to driver assessment of each applicant that Anthony S. Papa (OH)
a CMV if that person first perceives a focused on whether an equal or greater Eduardo Pedregal (TX)
forced whispered voice in the better ear level of safety is likely to be achieved by Charles L. Pitt (AL)
at not less than 5 feet with or without permitting each of these drivers to drive David Y. Pro (CA)
the use of a hearing aid or, if tested by in interstate commerce as opposed to Leonardo Pupo-Tuperet (WA)
use of an audiometric device, does not restricting him or her to drive in Edgar J. Ramos (IL)
have an average hearing loss in the intrastate commerce, The Agency Ronald D. Rumsey (IA)
better ear greater than 40 decibels at 500 believes the drivers granted this
Johnny Seng (RI)
Hz, 1,000 Hz, and 2,000 Hz with or exemption have demonstrated that they
do not pose a risk to public safety. Michael Sladick (OH)
without a hearing aid when the
audiometric device is calibrated to Consequently, FMCSA finds that in Brian J. Walthall (KS)
American National Standard (formerly each case exempting these applicants Jack Whitewater (FL)
ASA Standard) Z24.5–1951. 49 CFR from the hearing standard in 49 CFR In accordance with 49 U.S.C. 31315,
391.41(b)(11) was adopted in 1970, with 391.41(b)(11) is likely to achieve a level each exemption will be valid for two
a revision in 1971 to allow drivers to be of safety equal to that existing without years from the effective date unless
qualified under this standard while the exemption. revoked earlier by FMCSA. The
wearing a hearing aid, 35 FR 6458, 6463 V. Conditions and Requirements exemption will be revoked if the
(April 22, 1970) and 36 FR 12857 (July following occurs: (1) The person fails to
3, 1971). The terms and conditions of the comply with the terms and conditions
exemption are provided to the of the exemption; (2) the exemption has
III. Discussion of Comments applicants in the exemption document resulted in a lower level of safety than
FMCSA received one comment in this and includes the following: (1) Each was maintained prior to being granted;
proceeding. Deb Carlson, from the driver must report any crashed or or (3) continuation of the exemption
Minnesota DMV office, noted that accidents as defined in 49 CFR 390.5; would not be consistent with the goals
Matthew R. Burgoyne is no longer a (2) each driver must report all citations and objectives of 49 U.S.C. 31136 and
daltland on DSKBBV9HB2PROD with NOTICES

Minnesota CDL holder and that he and convictions for disqualifying 31315.
changed his state of record to Idaho. offenses under 49 CFR part 383 and 49
CFR 391 to FMCSA; and (3) each driver Issued on: February 8, 2018.
IV. Basis for Exemption Determination is prohibited from operating a Larry W. Minor,
Under 49 U.S.C. 31136(e) and motorcoach or bus with passengers in Associate Administrator for Policy.
31315(b), FMCSA may grant an interstate commerce. The driver must [FR Doc. 2018–03035 Filed 2–13–18; 8:45 am]
exemption from the hearing standard in also have a copy of the exemption when BILLING CODE 4910–EX–P

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Document Created: 2018-02-14 03:59:18
Document Modified: 2018-02-14 03:59:18

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 the dates stated in the discussions below. The exemptions expire on the dates stated in the discussions below.
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 6698

83 FR 6698 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration