Qualification of Drivers; Application for Exemptions; Hearing, 18924-18926 [2015-08052]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18924-18926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08052]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0124]


Qualification of Drivers; Application for Exemptions; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant requests from 51 
individuals for exemptions from the Agency's physical qualifications 
standard concerning hearing for interstate drivers. The current 
regulation prohibits hearing impaired individuals from operating CMVs 
in interstate commerce. After notice and opportunity for public 
comment, the Agency concluded that granting exemptions for these 
drivers to operate property-carrying CMVs will provide a level of 
safety that is equivalent to or greater than the level of safety 
maintained without the exemptions. The exemptions are valid for a 2-
year period and may be renewed, and the exemptions preempt State laws 
and regulations.

DATES: The exemptions are effective April 8, 2015. The exemptions 
expire on April 10, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, 
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New 
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office 
hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: https://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to https://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 www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

B. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the safety regulations for a 2-year period if it finds ``such 
exemption would likely achieve a level of safety that is equivalent to 
or greater than the level that would be achieved absent such 
exemption.'' The statute also allows the Agency to renew exemptions at 
the end of the 2-year period. The current provisions of the FMCSRs 
concerning hearing state that a person is physically qualified to drive 
a CMV if that person:

    First perceives a forced whispered voice in the better ear at 
not less than 5 feet with or without the use of a hearing aid or, if 
tested by use of an audiometric device, does not have an average 
hearing loss in the better ear greater than 40 decibels at 500 Hz, 
1,000 Hz, and 2,000 Hz with or 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). This standard 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).
    FMCSA grants 51 individuals an exemption from section 391.41(b)(11) 
concerning hearing to enable them to operate property-carrying CMVs in 
interstate commerce for a 2-year period. The Agency's decision on these 
exemption applications is based on the current medical literature and 
information and the ``Executive Summary on Hearing, Vestibular Function 
and Commercial Motor Driving Safety'' (the 2008 Evidence Report) 
presented to FMCSA on August 26, 2008. 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 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 CDLIS,\1\ 
for CDL holders, and inspections recorded in MCMIS.\2\ For non-CDL 
holders, the Agency reviewed the driving records from the State 
licensing agency. Each applicant's record demonstrated a safe driving 
history. The Agency believes the drivers covered by the exemptions do 
not pose a risk to public safety.
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    \1\ Commercial Driver License Information System (CDLIS) is an 
information system that allows the exchange of commercial driver 
licensing information among all the States. CDLIS includes the 
databases of 51 licensing jurisdictions and the CDLIS Central Site, 
all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an 
information system that captures data from field offices through 
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA 
inspection, crash, compliance review, safety audit, and registration 
data.
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C. Comments

    On February 14, 2014, FMCSA published a notice of receipt of 
exemption applications and requested public comment on 51 individuals. 
The comment period ended on March 17, 2014. In response to the notice, 
FMCSA received one comment from Ann Sherman, who supports the idea of 
deaf drivers having the opportunity to get training and seek employment 
``like everyone else''. FMCSA has determined that the following 51 
applicants should be granted an exemption:

D. Exemptions Granted

    Following individualized assessments of the exemption applications, 
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 51 individuals. 
Under current FMCSA regulations, all of the 51 drivers receiving 
exemptions from 49 CFR 391.41(b)(11) would have been considered 
physically qualified to drive a CMV in interstate commerce except that 
they do not meet the hearing requirement. FMCSA has determined that the 
following 51 applicants should be granted an exemption:

Brooks Andresen

    Mr. Andresen, 34, holds a driver's license in Utah.

[[Page 18925]]

Alexey Belousov

    Mr. Belousov, 37, holds a driver's license in Maryland.

Richard Boggs

    Mr. Boggs, 37, holds a driver's license in Ohio.

Conley Bowling

    Mr. Bowling, 35, holds a driver's license in Kentucky.

Marquarius Boyd

    Mr. Boyd, 23, holds a driver's license in Mississippi.

Charles Breidenthal

    Mr. Breidenthal, 62, holds a driver's license in California.

Adam Brown

    Mr. Brown, 32, holds a driver's license in Texas.

Kwinton C. Carpenter

    Mr. Carpenter, 29, holds a driver's license in Ohio.

Ronald Dillon, Jr.

    Mr. Dillon, 49, holds a driver's license in California.

Clark Dobson

    Mr. Dobson, 50, holds a driver's license in California.

Louis Dominik

    Mr. Dominik, 54, holds a driver's license in Texas.

Kareem M. Douglas

    Mr. Douglas, 39, holds a driver's license in Ohio.

Craig Eberhart

    Mr. Eberhart, 43, holds a driver's license in Pennsylvania.

Anthony Farinacci

    Mr. Farinacci, 50, holds a driver's license in Ohio.

Timothy D. Finley

    Mr. Finley, 48, holds a driver's license in California.

Danny E. Fisk

    Mr. Fisk, 57, holds a driver's license in Colorado.

Christopher Fitzwater

    Mr. Fitzwater, 27, holds a driver's license in Virginia.

Kenneth Frilando

    Mr. Frilando, 46, holds a driver's license in New York.

Timothy Gallagher

    Mr. Gallagher, 51, holds a driver's license in Pennsylvania.

John R. Harper, Jr.

    Mr. Harper, 33, holds a driver's license in Illinois.

Kenneth E. Harris

    Mr. Harris, 39, holds a driver's license in Missouri.

Susan D. Helgerson

    Ms. Helgerson, 49, holds a driver's license in Wisconsin.

Kimberly Hicks

    Ms. Hicks, 47, holds a driver's license in Illinois.

Devon T. Hinds

    Mr. Hinds, 56, holds a driver's license in Colorado.

Ryan S. Howard

    Mr. Howard, 41, holds a driver's license in New York.

Gregory Ingram

    Mr. Ingram, 28, holds a driver's license in North Carolina.

Bernard LaFayette

    Mr. LaFayette, 59, holds a driver's license in California.

Christopher Lucki

    Mr. Lucki, 32, holds a driver's license in Illinois.

Joshua Matlow

    Mr. Matlow, 34, holds a driver's license in Texas.

Kathy Mazique

    Ms. Mazique, 31, holds a driver's license in Illinois.

David W. McCoy

    Mr. McCoy, 63, holds a driver's license in California.

Clair Mitcham

    Ms. Mitcham, 56, holds a driver's license Texas.

Jeffrey S. Moore

    Mr. Moore, 35, holds a driver's license in Pennsylvania.

Christopher Morgan

    Mr. Morgan, 25, holds a driver's license in Massachusetts.

Quinton Murphy

    Mr. Murphy, 32, holds a driver's license in Wisconsin.

William Noble

    Mr. Noble, 63, holds a driver's license in New York.

Veniamin Panteleimonov

    Mr. Panteleimonov, 34, holds a driver's license in California.

Kelly Pulvermacher

    Mr. Pulvermacher, 27, holds a driver's license in Wisconsin.

Jeremy Reams

    Mr. Reams, 37, holds a driver's license in Kentucky.

Victor M. Robinson

    Mr. Robinson, 31, holds a driver's license in Louisiana.

Darrin A. Rutley

    Mr. Rutley, 32, holds a driver's license in New York.

Samuel Sherman

    Mr. Sherman, 36, holds a driver's license in Minnesota.

Andrey Shevchenko

    Mr. Shevchenko, 22, holds a driver's license in Minnesota.

Ronald K. Smith, Jr.

    Mr. Smith, 33, holds a driver's license in Texas.

Willine D. Smith

    Ms. Smith, 52, holds a Class B commercial driver's license (CDL) in 
Florida.

William Templeton

    Mr. Templeton, 44, holds a driver's license in Georgia.

Timothy A. Terpak

    Mr. Terpak, 28, holds a driver's license in Pennsylvania.

Jeremy L. Thrush

    Mr. Thrush, 27, holds a driver's license in Pennsylvania.

Carlos A. Torres

    Mr. Torres, 30, holds a driver's license in Florida.

John K. Turner, III

    Mr. Turner, 49, holds a driver's license in Colorado.

Chad Weaver

    Mr. Weaver, 32, holds a driver's license in Georgia.

E. Basis For Exemption

    Under 49 U.S.C. 31136(e) and 31315, 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. With the exemption, applicants can 
drive in interstate commerce. Thus, the Agency's analysis focuses on 
whether an equal or greater level of safety is likely to be achieved by 
permitting each of these

[[Page 18926]]

drivers to drive in interstate commerce as opposed to restricting him 
or her to driving in intrastate commerce. The driver must comply with 
the terms and conditions of the exemption. This includes reporting any 
crashes or accidents as defined in 49 CFR 390.5 and reporting all 
citations and convictions for disqualifying offenses under 49 CFR part 
383 and 49 CFR 391.

Conclusion

    The Agency is granting exemptions from the hearing standard, 49 CFR 
391.41(b)(11), to 51 individuals based on a thorough evaluation of each 
driver's safety experience. Safety analysis of information relating to 
these 51 applicants meets the burden of showing that granting the 
exemptions would achieve a level of safety that is equivalent to or 
greater than the level that would be achieved without the exemption. By 
granting the exemptions, the CMV industry will gain 51 additional CMV 
drivers. In accordance with 49 U.S.C. 31315, each exemption will be 
valid for 2 years from the effective date with annual recertification 
required 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.
    FMCSA exempts the following 51 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Brooks Andresen 
(UT); Alexey Belousov (MD); Richard Boggs (OH); Conley Bowling (KY); 
Marquarius Boyd (MS); Charles Breidenthal (CA); Adam Brown (TX); 
Kwinton Carpenter (OH); Ronald Dillon, Jr. (CA); Clark Dobson (CA); 
Louis Dominik (TX); Kareem M. Douglas (OH); Craig Eberhart (PA); 
Anthony Farinacci (OH); Timothy D. Finley (CA); Danny E. Fisk (CO); 
Christopher Fitzwater (VA); Kenneth Frilando (NY); Timothy Gallagher 
(PA); John R. Harper, Jr. (IL); Kenneth E. Harris (MO); Susan D. 
Helgerson (WI); Kimberly Hicks (IL); Devon T. Hinds (CO); Ryan S. 
Howard (NY); Gregory Ingram (NC); Bernard LaFayette (CA); Christopher 
Lucki (IL); Joshua Matlow (TX); Kathy Mazique (IL); David W. McCoy 
(CA); Clair Mitcham (TX); Jeffrey S. Moore (PA); Christopher Morgan 
(MA); Quinton Murphy (WI); William Noble (NY); Veniamin Panteleimonov 
(CA); Kelly Pulvermacher (WI); Jeremy Reams (KY); Victor M. Robinson 
(LA); Darrin A. Rutley (NY); Samuel Sherman (MN); Andrey Shevchenko 
(MN); Ronald K. Smith, Jr. (TX); Willine D. Smith (FL); William 
Templeton (GA); Timothy A. Terpak (PA); Jeremy L. Thrush (PA); Carlos 
A. Torres (FL); John K. Turner, III (CO); and Chad Weaver (GA).

    Issued on: April 2, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08052 Filed 4-7-15; 8:45 am]
 BILLING CODE 4910-EX-P