Qualification of Drivers; Application for Exemptions; Hearing, 57029-57031 [2015-23591]

Download as PDF rmajette on DSK7SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Mr. Carlos Swonke, Director, Environmental Affairs Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701; telephone: 512– 416–2734; email: carlos.swonke@ txdot.gov. TxDOT’s normal business hours are 8:00 a.m.-5:00 p.m., Monday through Friday. SUPPLEMENTARY INFORMATION: Notice is hereby given that TxDOT and Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the following highway project in the State of Texas: IH 30 from Cooper Street to SH 161, including the IH 30/SH 360 interchange, in Tarrant County and Dallas County, Texas. The project will construct a fully directional, multi-level IH 30/SH 360 interchange providing direct-connecting ramps for all freeway-to-freeway traffic movements. The proposed interchange will require reconstructing the SH 360 main lanes from north of Avenue J to Road to Six Flags Street; widening the existing main lanes from Brown Boulevard/Avenue K to north of Avenue J; and reconstructing the one-way, continuous frontage roads along SH 360 within the project limits (approximately 1.6 miles). The proposed improvements to IH 30 will provide up to ten generalpurpose lanes and auxiliary lanes from Cooper Street to SH 161 (approximately 5.0 miles). Two reversible managed lanes will be provided from Center Street to SH 161, tying into the existing two-lane reversible managed lane system in Dallas County. Selected main lane widening, ramp improvements, and restriping will be utilized to create the proposed number of lanes and reversible managed lanes. The limits and general configuration of the existing IH 30 frontage roads will not be altered, except that one-way collectordistributor roadways between Ballpark Way and Six Flags Drive will be constructed to facilitate access between the IH 30 ramps and the local street network. The proposed project design includes improvements for bicycle and pedestrian facilities, where practicable. The purpose of the proposed project is to help address current and projected travel demands, safety, and existing facility design and operational deficiencies in a manner compatible with local, county and regional plans. The actions by TxDOT and the Federal agencies, and the laws under which such actions were taken, are described in the final Environmental Assessment (EA) for the project, for which a Finding of No Significant VerDate Sep<11>2014 15:14 Sep 18, 2015 Jkt 235001 Impact (FONSI) was issued on August 25, 2015, and in other documents in the TxDOT administrative record. The EA, FONSI, and other documents in the administrative record file are available by contacting TxDOT at the address provided above. The EA and FONSI may also be viewed and downloaded from the project Web site at https:// txdot.gov/inside-txdot/projects/studies/ fort-worth/i-30.html. Information about the project also is available from TxDOT at the address provided above. This notice applies to all TxDOT decisions and Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 319. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703–712]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251–1377]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; Wild and Scenic Rivers Act [16 U.S.C. 1271– 1287]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; TEA–21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001–4128]. 8. Executive Orders: E.O. 11990, Protection of Wetlands; E.O. 11988, Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 57029 Populations; E.O. 11593, Protection and Enhancement of Cultural Resources; E.O. 13007, Indian Sacred Sites; E.O. 13287, Preserve America; E.O. 13175, Consultation and Coordination with Indian Tribal Governments; E.O. 11514, Protection and Enhancement of Environmental Quality; E.O. 13112, Invasive Species; E.O. 12372, Intergovernmental Review of Federal Programs. The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT pursuant to 23 U.S.C. § 327 and a Memorandum of Understanding dated December 16, 2014, and executed by FHWA and TxDOT. Authority: 23 U.S.C. 139(l)(1). Issued on: September 3, 2015. Michael T. Leary, Director, Planning and Program Development, Federal Highway Administration. [FR Doc. 2015–22877 Filed 9–18–15; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0107] Qualification of Drivers; Application for Exemptions; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to grant requests from 10 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 propertycarrying 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 September 21, 2015. The exemptions expire on September 21, 2017. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) SUMMARY: E:\FR\FM\21SEN1.SGM 21SEN1 57030 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices 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: www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to 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: rmajette on DSK7SPTVN1PROD with NOTICES 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 10 individuals an exemption from § 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 VerDate Sep<11>2014 15:14 Sep 18, 2015 Jkt 235001 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. C. Comments On February 4, 2015, FMCSA published a notice of receipt of exemption applications and requested public comment on 10 individuals (FR 80 6161; Docket number FMCSA–2015– 02134). The comment period ended on March 6, 2015. In response to this notice, two comments were received; one in support of drivers wearing hearing aids while driving and one expressing safety concerns for the far reaching ramifications to the commercial driving industry of allowing deaf drivers to test, train and/or drive commercially. The Transportation Companies expressed concern for process by which exemptions are granted from parts of 49 CFR 391.41, the increased volume of exemptions, and the need to rely on scientific support as a basis for granting the exemptions. FMCSA acknowledges these concerns and may consider in the future, the initial steps to a formal rulemaking process to revise unnecessary physical qualification standards. 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. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 D. Exemptions Granted Following individualized assessments of the exemption applications, FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 10 individuals. Under current FMCSA regulations, all of the 10 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 10 applicants should be granted an exemption: Thomas J. Bertling Mr. Bertling, 58, holds Class A commercial driver’s license (CDL) in Oregon. Molly R. Bergstrom Ms. Bergstrom, 37, holds an operator’s license in Iowa. John Luegene Huey, Jr. Mr. Huey, 50, holds a Class A commercial driver’s license (CDL) in Texas. Jesus L. Javier Mr. Javier, 24, holds an operator’s license in New Jersey. Paul Robert Langlois Mr. Langlois, 36, holds an operator’s license in Ohio. Samuel E. Lovley Mr. Lovley, 32, holds an operator’s license in Pennsylvania. Scott M. Putman Mr. Putman, 35, holds a Class A commercial driver’s license (CDL) in Pennsylvania. Laird Lamont Smith Mr. Smith, 59, holds a Class A commercial driver’s license (CDL) in Utah. Kirk A. Soneson Mr. Soneson, 48, holds an operator’s license in Ohio. Christopher King Warner Mr. Warner, 50, holds a Class A commercial driver’s license (CDL) in New York. 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 E:\FR\FM\21SEN1.SGM 21SEN1 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices 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 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 10 individuals based on an evaluation of each driver’s safety experience. Safety analysis of information relating to these 10 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. 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 10 drivers for a period of 2 years from the physical qualification standard concerning hearing: Thomas J. Bertling (OR); Molly R. Bergstrom (IA); John Luegene Huey, Jr. (TX); Jesus L. Javier (NJ); Paul Robert Langlois (OH); Samuel E. Lovley (PA); Scott M. Putman (PA); Laird Lamont Smith (UT); Kirk A. Soneson (OH); and Christopher King Warner (NY). Issued on: September 8, 2015. Larry W. Minor, Associate Administrator for Policy. rmajette on DSK7SPTVN1PROD with NOTICES [FR Doc. 2015–23591 Filed 9–18–15; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 15:14 Sep 18, 2015 Jkt 235001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0255] Agency Information Collection Activities; Extension of a CurrentlyApproved Information Collection Request: Transportation of Household Goods; Consumer Protection Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for information. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval. The FMCSA requests approval to extend an ICR titled, ‘‘Transportation of Household Goods; Consumer Protection.’’ The information collected will be used to help regulate motor carriers transporting household goods (HHG) for individual shippers. FMCSA invites public comment on the ICR. DATES: We must receive your comments on or before November 20, 2015. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Docket Number FMCSA–2015–0255 using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12–140, 20590– 0001. • Hand Delivery or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading below. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to https:// SUMMARY: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 57031 www.regulations.gov, and follow the online instructions for accessing the dockets, or go to the street address listed above. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement for the Federal Docket Management System published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https:// edocket.access.gpo.gov/2008/pdfE8794.pdf. Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can obtain electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket and will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Rodgers, Chief, Commercial Enforcement Division, Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202–366–0073; email Kenneth.rodgers@dot.gov. Office hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: Background The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106–159, 113 Stat. 1748, Dec. 9, 1999) authorized the Secretary of Transportation (Secretary) to regulate household goods carriers engaged in interstate operations for individual shippers. In earlier legislation, Congress abolished the former Interstate Commerce Commission and transferred the Commission’s jurisdiction over household goods transportation to the U.S. Department of Transportation (DOT) (ICC Termination Act of 1995, Pub. L. 104–88, 109 Stat. 803, Dec. 29 1995). Prior to FMCSA’s establishment, the Secretary delegated this household goods jurisdiction to the Federal Highway Administration, FMCSA’s predecessor organization within DOT. E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 57029-57031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23591]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0107]


Qualification of Drivers; Application for Exemptions; Hearing

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant requests from 10 
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 September 21, 2015. The exemptions 
expire on September 21, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Office of Carrier, Driver and Vehicle Safety, (202)

[[Page 57030]]

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: www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to 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 10 individuals an exemption from Sec.  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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

C. Comments

    On February 4, 2015, FMCSA published a notice of receipt of 
exemption applications and requested public comment on 10 individuals 
(FR 80 6161; Docket number FMCSA-2015-02134). The comment period ended 
on March 6, 2015. In response to this notice, two comments were 
received; one in support of drivers wearing hearing aids while driving 
and one expressing safety concerns for the far reaching ramifications 
to the commercial driving industry of allowing deaf drivers to test, 
train and/or drive commercially. The Transportation Companies expressed 
concern for process by which exemptions are granted from parts of 49 
CFR 391.41, the increased volume of exemptions, and the need to rely on 
scientific support as a basis for granting the exemptions. FMCSA 
acknowledges these concerns and may consider in the future, the initial 
steps to a formal rulemaking process to revise unnecessary physical 
qualification standards.

D. Exemptions Granted

    Following individualized assessments of the exemption applications, 
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 10 individuals. 
Under current FMCSA regulations, all of the 10 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 10 applicants should be granted an exemption:

Thomas J. Bertling

    Mr. Bertling, 58, holds Class A commercial driver's license (CDL) 
in Oregon.

Molly R. Bergstrom

    Ms. Bergstrom, 37, holds an operator's license in Iowa.

John Luegene Huey, Jr.

    Mr. Huey, 50, holds a Class A commercial driver's license (CDL) in 
Texas.

Jesus L. Javier

    Mr. Javier, 24, holds an operator's license in New Jersey.

Paul Robert Langlois

    Mr. Langlois, 36, holds an operator's license in Ohio.

Samuel E. Lovley

    Mr. Lovley, 32, holds an operator's license in Pennsylvania.

Scott M. Putman

    Mr. Putman, 35, holds a Class A commercial driver's license (CDL) 
in Pennsylvania.

Laird Lamont Smith

    Mr. Smith, 59, holds a Class A commercial driver's license (CDL) in 
Utah.

Kirk A. Soneson

    Mr. Soneson, 48, holds an operator's license in Ohio.

Christopher King Warner

    Mr. Warner, 50, holds a Class A commercial driver's license (CDL) 
in New York.

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

[[Page 57031]]

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 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 10 individuals based on an evaluation of each 
driver's safety experience. Safety analysis of information relating to 
these 10 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. 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 10 drivers for a period of 2 years from 
the physical qualification standard concerning hearing: Thomas J. 
Bertling (OR); Molly R. Bergstrom (IA); John Luegene Huey, Jr. (TX); 
Jesus L. Javier (NJ); Paul Robert Langlois (OH); Samuel E. Lovley (PA); 
Scott M. Putman (PA); Laird Lamont Smith (UT); Kirk A. Soneson (OH); 
and Christopher King Warner (NY).

    Issued on: September 8, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-23591 Filed 9-18-15; 8:45 am]
 BILLING CODE 4910-EX-P
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