83 FR 6702 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 31 (February 14, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6702-6704 | |
| FR Document | 2018-03045 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Notices] [Pages 6702-6704] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03045] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0002] 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 33 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 September 6, 2016. The exemptions expire on September 6, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office [[Page 6703]] 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 August 1, 2016 FMCSA published a notice announcing receipt of applications from thirty three 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 (81 FR 50594). The public comment period ended on August 31, 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 preceeding. The Florida Department Highway Safety and Motor Vehicles 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 the Florida Department of Highway Safety and Motor Vehicles concerns and a response to these comments will be published in a subsequent notice. 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 thirty three exemption applications, FMCSA exempts the following drivers from the hearing standard, 49 CFR 391.41(b)(11), subject to the requirements cited above: Pricilla Brackenridge (IL) David Balay Chappelear (TX) Donald Coen (NY) Mathias Conway (MI) Gary A. Cordano (CA) Harvey Culver (TX) Charles DePriest (TX) William R. English (TX) Samuel Fernell (OH) Richard Fisher (PA) Russell Fleming (GA) Ronald Freeze (OK) Carlos Gonzales (GA) Zachary Gullett (OH) Richard Hoots (AZ) Carlos Lee Jackson (TX) Richard Kahalewai-Campbell (HI) Randall Lutsey (PA) Reynaldo Martinez (TX) Julio C. Medrano (WA) [[Page 6704]] Keith Miller (MO) Brian J. Minch (MA) Katrina Parker (NJ) Walt Pindor (AZ) Robert Samarian (MI) D'Nielle Smith (OH) Michael Smith (CO) Daniel Stroud (UT) Michael Sweet (GA) James Watters (OH) Gerald Westfall (PA) Derek Zamot (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. 2018-03045 Filed 2-13-18; 8:45 am] BILLING CODE 4910-EX-P
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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.
daltland on DSKBBV9HB2PROD with NOTICES
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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Keith Miller (MO) • Mail: Docket Management Facility; finds ‘‘such exemption would likely
Brian J. Minch (MA) U.S. Department of Transportation, 1200 achieve a level of safety that is
Katrina Parker (NJ) New Jersey Avenue SE, West Building equivalent to or greater than the level
Walt Pindor (AZ) Ground Floor, Room W12–140, that would be achieved absent such
Robert Samarian (MI) Washington, DC 20590–0001. exemption.’’ The statute also allows the
D’Nielle Smith (OH) • Hand Delivery: West Building Agency to renew exemptions at the end
Michael Smith (CO) Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
Daniel Stroud (UT)
Michael Sweet (GA) New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
James Watters (OH) DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
Gerald Westfall (PA) Monday through Friday, except Federal duration of a driver’s medical
Derek Zamot (FL) Holidays. certification.
In accordance with 49 U.S.C. 31315, • Fax: 1–202–493–2251. The 51 individuals listed in this
each exemption will be valid for two Instructions: Each submission must notice have requested an exemption
years from the effective date unless include the Agency name and the from the diabetes prohibition in 49 CFR
revoked earlier by FMCSA. The docket number(s) for this notice. Note 391.41(b)(3). Accordingly, the Agency
that all comments received will be will evaluate the qualifications of each
exemption will be revoked if the
posted without change to http:// applicant to determine whether granting
following occurs: (1) The person fails to
www.regulations.gov, including any the exemption will achieve the required
comply with the terms and conditions
personal information provided. Please level of safety mandated by statute.
of the exemption; (2) the exemption has The physical qualification standard
resulted in a lower level of safety than see the Privacy Act heading below for
further information. for drivers regarding diabetes found in
was maintained prior to being granted; 49 CFR 391.41(b)(3) states that a person
or (3) continuation of the exemption Docket: For access to the docket to
read background documents or is physically qualified to drive a CMV
would not be consistent with the goals if that person has no established
and objectives of 49 U.S.C. 31136 and comments, go to http://
www.regulations.gov at any time or medical history or clinical diagnosis of
31315. diabetes mellitus currently requiring
Room W12–140 on the ground level of
Issued on: February 8, 2018. the West Building, 1200 New Jersey insulin for control. The Agency
Larry W. Minor, Avenue SE, Washington, DC, between 9 established the current requirement for
Associate Administrator for Policy. a.m. and 5 p.m., e.t., Monday through diabetes in 1970 because several risk
[FR Doc. 2018–03045 Filed 2–13–18; 8:45 am] Friday, except Federal holidays. The studies indicated that drivers with
BILLING CODE 4910–EX–P FDMS is available 24 hours each day diabetes had a higher rate of crash
e.t., 365 days each year. If you want involvement than the general
acknowledgment that we received your population.
DEPARTMENT OF TRANSPORTATION comments, please include a self- FMCSA established its diabetes
addressed, stamped envelope or exemption program, based on the
Federal Motor Carrier Safety postcard or print the acknowledgement Agency’s July 2000 study entitled ‘‘A
Administration page that appears after submitting Report to Congress on the Feasibility of
comments online. a Program to Qualify Individuals with
[Docket No. FMCSA–2017–0290]
Privacy Act: In accordance with 5 Insulin-Treated Diabetes Mellitus to
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments Operate in Interstate Commerce as
Applications; Diabetes Mellitus from the public to better inform its Directed by the Transportation Act for
rulemaking process. DOT posts these the 21st Century.’’ The report concluded
AGENCY: Federal Motor Carrier Safety that a safe and practicable protocol to
comments, without edit, including any
Administration (FMCSA), DOT. allow some drivers with ITDM to
personal information the commenter
ACTION: Notice of applications for
provides, to http://www.regulations.gov, operate CMVs is feasible. The
exemption; request for comments. September 3, 2003 (68 FR 52441),
as described in the system of records
Federal Register notice in conjunction
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
with the November 8, 2005 (70 FR
applications from 51 individuals for an be reviewed at http://www.dot.gov/
67777), Federal Register notice provides
exemption from the prohibition in the privacy.
the current protocol for allowing such
Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. drivers to operate CMVs in interstate
Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical commerce.
with insulin-treated diabetes mellitus Programs Division, (202) 366–4001, FMCSA notes that section 4129 of the
(ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA, Safe, Accountable, Flexible and
vehicle (CMV) in interstate commerce. If Department of Transportation, 1200 Efficient Transportation Equity Act: A
granted, the exemptions would enable New Jersey Avenue SE, Room W64–224, Legacy for Users requires the Secretary
these individuals with ITDM to operate Washington, DC 20590–0001. Office to revise its diabetes exemption program
CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., e.t., established on September 3, 2003 (68 FR
DATES: Comments must be received on Monday through Friday, except Federal 52441). The revision must provide for
or before March 16, 2018. holidays. If you have questions individual assessment of drivers with
ADDRESSES: You may submit comments regarding viewing or submitting diabetes mellitus, and be consistent
bearing the Federal Docket Management material to the docket, contact Docket with the criteria described in section
daltland on DSKBBV9HB2PROD with NOTICES
System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. 4018 of the Transportation Equity Act
2017–0290 using any of the following SUPPLEMENTARY INFORMATION: for the 21st Century (49 U.S.C. 31305).
methods: Section 4129 requires: (1) Elimination of
• Federal eRulemaking Portal: Go to I. Background the requirement for three years of
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, experience operating CMVs while being
online instructions for submitting FMCSA may grant an exemption from treated with insulin; and (2)
comments. the FMCSRs for a five-year period if it establishment of a specified minimum
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Document Created: 2018-02-14 03:59:13
Document Modified: 2018-02-14 03:59:13
| 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 September 6, 2016. The exemptions expire on September 6, 2018. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826. | |
| FR Citation | 83 FR 6702 |
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