83_FR_6732 83 FR 6701 - Qualification of Drivers; Exemption Applications; Hearing

83 FR 6701 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range6701-6702
FR Document2018-03044

FMCSA announces its decision to exempt 91 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 6701-6702]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03044]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0058]


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 91 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 December 26, 2017. The 
exemptions expire on December 26, 2019.

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 October 11, 2017, FMCSA published a notice announcing receipt of 
applications from 91 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 (FR 82 
47294). The public comment period ended on November 13, 2017 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. Don Lefeve, 
President and CEO of the Commercial Vehicle Training Association (CVTA) 
wrote opposing over the road training of hearing-impaired individuals, 
pointing out the Safety Risks and the Liability it poses, and in 
addition expressed concerns for the far reaching ramifications of 
allowing deaf or hard of hearing drivers to test, train and/or drive 
commercially and concerns regarding the process by which hearing 
exemptions are granted from parts 49 CFR 394.41. FMCSA acknowledges 
CVTA's concerns and a response to these comments will be published in a 
subsequent notice.
    Ira Levinson, a hearing exemption applicant wrote inquiring when he 
may expect to receive his 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

[[Page 6702]]

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 91 exemption applications, FMCSA 
exempts the following drivers from the hearing standard, 49 CFR 
391.41(b)(11), subject to the requirements cited above:

Mario Alverado (CA)
Shey C. Amberson (FL)
Kasseth Andrews (MA)
Steven Andrews (FL)
Randy Bailey (NJ)
Ivan Batista (NJ)
Larry G. Beeson (NC)
Deontae Blanks (TX)
Daryl A. Broker (MN)
Justin Brooks (WA)
Daniel Camp (GA)
Joseph Caplan (CT)
Vincente Carreon (TX)
Richard N. Casto (OH)
Blair D. Chappell (PA)
Christa B. Coppley (NC)
Leslie Crump (IN)
William Darnell (AZ)
Travis K. Davisson (IA)
Sean M. Dearsman (OH)
Shane DiBernado (CO)
James Edmonson (LA)
Gary Effner (MA)
Mitchell R. Estill (MO)
Jerey Exum (TX)
William F. Farrell (WI)
Lucius Fowler (IL)
Bruce Francechi (NY)
Buddy Gann (IN)
Blanca Gerardo (TX)
Teela Gilmore (GA)
Douglas M. Gray (OR)
John Grebenc (MN)
Kimberly Gumm (IN)
Conrad Hause (MD)
John Hayt III (FL)
Raymond E. Henk (TX)
Jorge L. Hernandez (TX)
Andrew J Hippler (ID)
Charles Holbrook (MD)
Paul Hoover (PA)
Buford G Hudson (KY)
Thomas Gensen (IA)
Charles J. Jernigan, Jr. (SC)
James M. Johnson (MN)
Matthew Jones (CA)
Ronald L. Jones (OK)
Wayne A. Kramas (WI)
Daniel Krytosek (MN)
Nicholas Kulasa (IL)
Ryan R. Larkin (MA)
Aaron S. Leader (AZ)
Brian Levinson (FL)
Benjamin Lockwood (TX)
Srephen O. Lothamer (MI)
Pete Love Jr. (NE)
John R. Martikainen (CT)
Cory McDaniel (PA)
Jamarques McMahon (TX)
Ty McRae (GA)
David. W. Morgan (ID)
Coltin Mueller (WI)
Eddie P. Naquin (TX)
Ernest O. Noel (IN)
Robert C. Oliver (WA)
Tim S. Oyler (UT)
Douglas Pfueger (MO)
Charles L. Pitt (AL)
Jonathan Pitts (MD)
Robert F. Quintero (IL)
Jonathan Ramos (NE)
James E. Redmond (IL)
Lucas Robinson (OH)
David Rowe (CO)
Dustin Sargent (TX)
Carl Seabough (FL)
Johnny Seng (RI)
Michael Singleton (TX)
Marshall Smith (TX)
Lonnie D. Stockton (TX)
Robert S. Swafford (OK)
Michael Swetnam (TX)
Courtney D. Turner (VA)
Cory Twombly (NY)
Gary Wallace (NC)
James R. Wilson (MS)
Melanie Wilson (TX)
Ricky M. Winslow (MI)
Jerry E. Wright (NC)
Kedir Yimamu (VA)
Edward J. Zozaya (AZ)

    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 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03044 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                         Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices                                             6701

                                               Andrew W. Carstens (IN)                                 FOR FURTHER INFORMATION CONTACT:     Ms.              use of an audiometric device, does not
                                               Timothy R. Conaway (DE)                                 Christine A. Hydock, Chief, Medical                   have an average hearing loss in the
                                               Ronald E. Cope, Sr. (TN)                                Programs Division, (202) 366–4001,                    better ear greater than 40 decibels at 500
                                               Jeffrey Dockhorn (NJ)                                   fmcsamedical@dot.gov, FMCSA,                          Hz, 1,000 Hz, and 2,000 Hz with or
                                               Elias O. Eniade (MO)                                    Department of Transportation, 1200                    without a hearing aid when the
                                               Michael L. Evans (IN)                                   New Jersey Avenue SE, Room W64–224,                   audiometric device is calibrated to
                                               Billy E. Hickman, Jr. (MO)                              Washington, DC 20590–0001. Office                     American National Standard (formerly
                                               Lejuan K. Holmes (TX)
                                               Roy J. McDonald (NY)                                    hours are from 8:30 a.m. to 5 p.m., e.t.,             ASA Standard) Z24.5–1951.
                                               Michael D. Mook (IA)                                    Monday through Friday, except Federal                   49 CFR 391.41(b)(11) was adopted in
                                               Nathon J. Owens (IN)                                    holidays. If you have questions                       1970, with a revision in 1971 to allow
                                               Guy K. Paquette (MN)                                    regarding viewing or submitting                       drivers to be qualified under this
                                               Robert C. Payne (VA)                                    material to the docket, contact Docket                standard while wearing a hearing aid,
                                               Lyle S. Pearson (IL)                                    Services, telephone (202) 366–9826.                   35 FR 6458, 6463 (April 22, 1970) and
                                               Joseph M. Pellish, Jr. (MN)                             SUPPLEMENTARY INFORMATION:                            36 FR 12857 (July 3, 1971).
                                               Daniel R. Plecki (IL)
                                               Victor H. Pulgarin-Gomez (NJ)                           I. Electronic Access                                  III. Discussion of Comments
                                               Stephen D. Reintsma (IA)                                   You may see all the comments online                   FMCSA received two comments in
                                               Charles W. Wakefield (MS)                               through the Federal Document                          this proceeding. Don Lefeve, President
                                               John L. Whitehead, Jr. (TN)                             Management System (FDMS) at: http://                  and CEO of the Commercial Vehicle
                                               Keith L. Wilson (WI)                                    www.regulations.gov.                                  Training Association (CVTA) wrote
                                               Adam J. Writz (ID)                                         Docket: For access to the docket to                opposing over the road training of
                                               Rave Y. Yarron (MD)                                     read background documents or                          hearing-impaired individuals, pointing
                                               Willie C. Young (TX)                                                                                          out the Safety Risks and the Liability it
                                                                                                       comments, go to http://
                                                  In accordance with 49 U.S.C. 31136(e)                www.regulations.gov and/or Room                       poses, and in addition expressed
                                               and 31315, each exemption will be valid                 W12–140 on the ground level of the                    concerns for the far reaching
                                               for two years from the effective date                   West Building, 1200 New Jersey Avenue                 ramifications of allowing deaf or hard of
                                               unless revoked earlier by FMCSA. The                    SE, Washington, DC, between 9 a.m. and                hearing drivers to test, train and/or
                                               exemption will be revoked if the                        5 p.m., e.t., Monday through Friday,                  drive commercially and concerns
                                               following occurs: (1) The person fails to               except Federal holidays.                              regarding the process by which hearing
                                               comply with the terms and conditions                       Privacy Act: In accordance with 5                  exemptions are granted from parts 49
                                               of the exemption; (2) the exemption has                 U.S.C. 553(c), DOT solicits comments                  CFR 394.41. FMCSA acknowledges
                                               resulted in a lower level of safety than                from the public to better inform its                  CVTA’s concerns and a response to
                                               was maintained prior to being granted;                  rulemaking process. DOT posts these                   these comments will be published in a
                                               or (3) continuation of the exemption                    comments, without edit, including any                 subsequent notice.
                                               would not be consistent with the goals                  personal information the commenter                       Ira Levinson, a hearing exemption
                                               and objectives of 49 U.S.C. 31136(e) and                provides, to http://www.regulations.gov,              applicant wrote inquiring when he may
                                               31315.                                                  as described in the system of records                 expect to receive his exemption.
                                                 Issued on: February 7, 2018.                          notice (DOT/ALL–14 FDMS), which can                   Basis for Exemption Determination
                                               Larry W. Minor,                                         be reviewed at http://www.dot.gov/
                                                                                                       privacy.                                                 Under 49 U.S.C. 31136(e) and
                                               Associate Administrator for Policy.
                                                                                                                                                             31315(b), FMCSA may grant an
                                               [FR Doc. 2018–03046 Filed 2–13–18; 8:45 am]             II. Background                                        exemption from the hearing standard in
                                               BILLING CODE 4910–EX–P
                                                                                                          On October 11, 2017, FMCSA                         49 CFR 391.41(b)(11) if the exemption is
                                                                                                       published a notice announcing receipt                 likely to achieve an equivalent or greater
                                                                                                       of applications from 91 individuals                   level of safety than would be achieved
                                               DEPARTMENT OF TRANSPORTATION
                                                                                                       requesting an exemption from the                      without the exemption. The exemption
                                               Federal Motor Carrier Safety                            hearing requirement in 49 CFR                         allows the applicants to operate CMVs
                                               Administration                                          391.41(b)(11) to operate a CMV in                     in interstate commerce.
                                                                                                       interstate commerce and requested                        The Agency’s decision regarding these
                                               [Docket No. FMCSA–2017–0058]                            comments from the public (FR 82                       exemption applications is based on
                                                                                                       47294). The public comment period                     current medical information and
                                               Qualification of Drivers; Exemption                                                                           literature, and the 2008 Evidence
                                               Applications; Hearing                                   ended on November 13, 2017 and two
                                                                                                       comments were received.                               Report, ‘‘Executive Summary on
                                               AGENCY: Federal Motor Carrier Safety                       FMCSA has evaluated the eligibility                Hearing, Vestibular Function and
                                               Administration (FMCSA), DOT.                            of these applicants and determined that               Commercial Motor Driving Safety.’’ The
                                               ACTION: Notice of final disposition.                    granting exemptions to these                          evidence report reached two
                                                                                                       individuals would achieve a level of                  conclusions regarding the matter of
                                               SUMMARY:  FMCSA announces its                           safety equivalent to or greater than the              hearing loss and CMV driver safety: (1)
                                               decision to exempt 91 individuals from                  level that would be achieved by                       No studies that examined the
                                               the hearing requirement in the Federal                  complying with the current regulation                 relationship between hearing loss and
                                               Motor Carrier Safety Regulations                        49 CFR 391.41(b)(11).                                 crash risk exclusively among CMV
                                               (FMCSRs) to operate a commercial                           The physical qualification standard                drivers were identified; and (2) evidence
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                                               motor vehicle (CMV) in interstate                       for drivers regarding hearing found in                from studies of the private driver’s
                                               commerce. The exemptions enable these                   49 CFR 391.41(b)(11) states that a                    license holder population does not
                                               hard of hearing and deaf individuals to                 person is physically qualified to driver              support the contention that individuals
                                               operate CMVs in interstate commerce.                    a CMV if that person first perceives a                with hearing impairment are at an
                                               DATES: The exemptions were applicable                   forced whispered voice in the better ear              increased risk for a crash. In addition,
                                               on December 26, 2017. The exemptions                    at not less than 5 feet with or without               the Agency reviewed each applicant’s
                                               expire on December 26, 2019.                            the use of a hearing aid or, if tested by             driving record found in the Commercial


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                                               6702                      Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices

                                               Driver’s License Information System                     Deontae Blanks (TX)                                   Johnny Seng (RI)
                                               (CDLIS), for commercial driver’s license                Daryl A. Broker (MN)                                  Michael Singleton (TX)
                                               (CDL) holders, and inspections recorded                 Justin Brooks (WA)                                    Marshall Smith (TX)
                                               in the Motor Carrier Management                         Daniel Camp (GA)                                      Lonnie D. Stockton (TX)
                                               Information System (MCMIS). For non-                    Joseph Caplan (CT)                                    Robert S. Swafford (OK)
                                               CDL holders, the Agency reviewed the                    Vincente Carreon (TX)                                 Michael Swetnam (TX)
                                               driving records from the State Driver’s                 Richard N. Casto (OH)                                 Courtney D. Turner (VA)
                                               Licensing Agency (SDLA). Each                           Blair D. Chappell (PA)                                Cory Twombly (NY)
                                               applicant’s record demonstrated a safe                  Christa B. Coppley (NC)                               Gary Wallace (NC)
                                               driving history. Based on an individual                 Leslie Crump (IN)                                     James R. Wilson (MS)
                                               assessment of each applicant that                       William Darnell (AZ)                                  Melanie Wilson (TX)
                                               focused on whether an equal or greater                  Travis K. Davisson (IA)                               Ricky M. Winslow (MI)
                                               level of safety is likely to be achieved by             Sean M. Dearsman (OH)                                 Jerry E. Wright (NC)
                                               permitting each of these drivers to drive               Shane DiBernado (CO)                                  Kedir Yimamu (VA)
                                               in interstate commerce as opposed to                    James Edmonson (LA)                                   Edward J. Zozaya (AZ)
                                               restricting him or her to driving in                    Gary Effner (MA)                                        In accordance with 49 U.S.C. 31315,
                                               intrastate commerce, the Agency                         Mitchell R. Estill (MO)                               each exemption will be valid for two
                                               believes the drivers granted this                       Jerey Exum (TX)                                       years from the effective date unless
                                               exemption have demonstrated that they                   William F. Farrell (WI)                               revoked earlier by FMCSA. The
                                               do not pose a risk to public safety.                    Lucius Fowler (IL)                                    exemption will be revoked if the
                                                  Consequently, FMCSA finds that in                    Bruce Francechi (NY)                                  following occurs: (1) The person fails to
                                               each case exempting these applicants                    Buddy Gann (IN)                                       comply with the terms and conditions
                                               from the hearing standard in 49 CFR                     Blanca Gerardo (TX)                                   of the exemption; (2) the exemption has
                                               391.41(b)(11) is likely to achieve a level              Teela Gilmore (GA)                                    resulted in a lower level of safety than
                                               of safety equal to that existing without                Douglas M. Gray (OR)                                  was maintained prior to being granted;
                                               the exemption.                                          John Grebenc (MN)                                     or (3) continuation of the exemption
                                                                                                       Kimberly Gumm (IN)                                    would not be consistent with the goals
                                               IV. Conditions and Requirements                         Conrad Hause (MD)                                     and objectives of 49 U.S.C. 31136 and
                                                  The terms and conditions of the                      John Hayt III (FL)                                    31315.
                                               exemption are provided to the                           Raymond E. Henk (TX)
                                                                                                                                                               Issued on: February 7, 2018.
                                               applicants in the exemption document                    Jorge L. Hernandez (TX)
                                                                                                       Andrew J Hippler (ID)                                 Larry W. Minor,
                                               and includes the following: (1) Each
                                                                                                       Charles Holbrook (MD)                                 Associate Administrator for Policy.
                                               driver must report any crashes or
                                               accidents as defined in 49 CFR 390.5;                   Paul Hoover (PA)                                      [FR Doc. 2018–03044 Filed 2–13–18; 8:45 am]
                                               (2) each driver must report all citations               Buford G Hudson (KY)                                  BILLING CODE 4910–EX–P

                                               and convictions for disqualifying                       Thomas Gensen (IA)
                                               offenses under 49 CFR part 383 and 49                   Charles J. Jernigan, Jr. (SC)
                                               CFR 391 to FMCSA; and (3) each driver                   James M. Johnson (MN)                                 DEPARTMENT OF TRANSPORTATION
                                               is prohibited from operating a                          Matthew Jones (CA)
                                                                                                       Ronald L. Jones (OK)                                  Federal Motor Carrier Safety
                                               motorcoach or bus with passengers in                                                                          Administration
                                               interstate commerce. The driver must                    Wayne A. Kramas (WI)
                                               also have a copy of the exemption when                  Daniel Krytosek (MN)                                  [Docket No. FMCSA–2016–0002]
                                               driving, for presentation to a duly                     Nicholas Kulasa (IL)
                                               authorized Federal, State, or local                     Ryan R. Larkin (MA)                                   Qualification of Drivers; Exemption
                                               enforcement official. In addition, the                  Aaron S. Leader (AZ)                                  Applications; Hearing
                                               exemption does not exempt the                           Brian Levinson (FL)
                                                                                                                                                             AGENCY: Federal Motor Carrier Safety
                                               individual from meeting the applicable                  Benjamin Lockwood (TX)
                                                                                                                                                             Administration (FMCSA), DOT.
                                               CDL testing requirements.                               Srephen O. Lothamer (MI)
                                                                                                       Pete Love Jr. (NE)                                    ACTION: Notice of final disposition.
                                               V. Preemption                                           John R. Martikainen (CT)
                                                                                                                                                             SUMMARY:  FMCSA announces its
                                                  During the period the exemption is in                Cory McDaniel (PA)
                                                                                                                                                             decision to exempt 33 individuals from
                                               effect, no State shall enforce any law or               Jamarques McMahon (TX)
                                                                                                                                                             the hearing requirement in the Federal
                                               regulation that conflicts with this                     Ty McRae (GA)
                                                                                                                                                             Motor Carrier Safety Regulations
                                               exemption with respect to a person                      David. W. Morgan (ID)
                                                                                                                                                             (FMCSRs) to operate a commercial
                                               operating under the exemption.                          Coltin Mueller (WI)
                                                                                                                                                             motor vehicle (CMV) in interstate
                                                                                                       Eddie P. Naquin (TX)
                                               VI. Conclusion                                                                                                commerce. The exemptions enable these
                                                                                                       Ernest O. Noel (IN)
                                                                                                                                                             hard of hearing and deaf individuals to
                                                 Based upon its evaluation of the 91                   Robert C. Oliver (WA)
                                                                                                                                                             operate CMVs in interstate commerce.
                                               exemption applications, FMCSA                           Tim S. Oyler (UT)
                                                                                                       Douglas Pfueger (MO)                                  DATES: The exemptions were applicable
                                               exempts the following drivers from the
                                               hearing standard, 49 CFR 391.41(b)(11),                 Charles L. Pitt (AL)                                  on September 6, 2016. The exemptions
                                               subject to the requirements cited above:                Jonathan Pitts (MD)                                   expire on September 6, 2018.
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                                               Mario Alverado (CA)                                     Robert F. Quintero (IL)                               FOR FURTHER INFORMATION CONTACT: Ms.
                                               Shey C. Amberson (FL)                                   Jonathan Ramos (NE)                                   Christine A. Hydock, Chief, Medical
                                               Kasseth Andrews (MA)                                    James E. Redmond (IL)                                 Programs Division, (202) 366–4001,
                                               Steven Andrews (FL)                                     Lucas Robinson (OH)                                   fmcsamedical@dot.gov, FMCSA,
                                               Randy Bailey (NJ)                                       David Rowe (CO)                                       Department of Transportation, 1200
                                               Ivan Batista (NJ)                                       Dustin Sargent (TX)                                   New Jersey Avenue SE, Room W64–224,
                                               Larry G. Beeson (NC)                                    Carl Seabough (FL)                                    Washington, DC 20590–0001. Office


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Document Created: 2018-02-14 03:59:25
Document Modified: 2018-02-14 03:59:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were applicable on December 26, 2017. The exemptions expire on December 26, 2019.
ContactMs. 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 Citation83 FR 6701 

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