Qualification of Drivers; Application for Exemptions; Hearing, 60735-60737 [2015-25499]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
10. Design Loading Structural
Capacity is related to the strength and
service limit state designs, not to traffic
operations or the likelihood of traffic
crashes. Previously called ‘structural
capacity,’ FHWA proposes to clarify that
the applicable criterion covered herein
relates to the design of the structure, not
the load rating. Design loading
structural capacity is important in
maintaining a consistent minimum
standard for safe load-carrying capacity
and deviations from this criterion
should be extremely rare. Design
loading structural capacity is proposed
to be retained as a controlling criterion
regardless of the design speed for the
project. Exceptions to design loading
structural capacity on the NHS could
impact the mobility of freight,
emergency and military vehicles, and
the traveling public and requires
additional coordination with the FHWA
Office of Infrastructure.
Design Documentation
As codified in 23 CFR 625.3(f), and in
accordance with the delegated authority
provided by FHWA Order M1100.1A,
exceptions may be approved on a
project basis for designs that do not
conform to the minimum or limiting
criteria set forth in the standards,
policies, and standard specifications
adopted in 23 CFR part 625. Under this
proposal, formal design exceptions,
subject to approval by FHWA, or on
behalf of FHWA if an STA has assumed
the responsibility through a
Stewardship and Oversight agreement,
would be required for projects on the
NHS only when the controlling criteria
are not met. The FHWA expects
documentation of design exceptions to
include all of the following:
• Specific design criteria that will not
be met.
• Existing roadway characteristics.
• Alternatives considered.
• Analysis of standard criteria versus
proposed design criteria.
Æ Supporting quantitative analysis of
expected operational and safety
performance.
Æ Right-of-way impacts.
Æ Impacts to human and natural
environment.
Æ Impacts to the community.
Æ Impacts on the needs of all users of
the facility.
Æ Project cost.
• Proposed mitigation measures.
• Compatibility with adjacent
sections of roadway.
• Possibility of a future project
bringing this section into compliance
with applicable standards.
Design Speed and Design Loading
Structural Capacity are fundamental
VerDate Sep<11>2014
18:12 Oct 06, 2015
Jkt 238001
criteria in the design of a project.
Exceptions to these criteria should be
extremely rare and FHWA expects the
documentation to provide the following
additional information.
• Design Speed exceptions must
address:
Æ Length of section with reduced
design speed compared to overall length
of project.
Æ Measures used in transitions to
adjacent sections with higher or lower
design or operating speeds.
• Design Loading Structural Capacity
exceptions must address:
Æ Verification of safe load-carrying
capacity (load rating) for all State
unrestricted legal loads or routine
permit loads, and in the case of bridges
on the Interstate, all Federal legal loads.
The FHWA encourages agencies to
document all design decisions to
demonstrate compliance with accepted
engineering principles and the reasons
for the decision. Deviations from criteria
contained in the standards for projects
on the NHS, but which are not
considered to be controlling criteria,
should be documented by the STA in
accordance with State laws, regulations,
directives, and safety standards.
Deviations from criteria contained in
standards adopted by a State for projects
not on the NHS should be documented
in accordance with State laws,
regulations, directives, and safety
standards. States can determine their
own level of documentation depending
on their State laws and risk management
practices.
The proposed revisions to the
controlling criteria and design
documentation requirements will be
published in final form after considering
comments received regarding the
proposed changes.
The FHWA requests comments on the
revised guidance memorandum, which
is available in the docket (FHWA–2015–
0020). The FHWA will respond to
comments received on the guidance in
a second Federal Register notice, to be
published after the close of the
comment period. That second notice
will include the final guidance
memorandum that reflects any changes
implemented as a result of comments
received.
Authority: 23 U.S.C. 109 and 315; 23 CFR
1.32 and 625; 49 CFR 1.85.
Issued on: September 30, 2015.
Gregory G. Nadeau,
Administrator, Federal Highway
Administration.
[FR Doc. 2015–25526 Filed 10–6–15; 8:45 am]
BILLING CODE 4910–22–P
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
60735
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0105]
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.
SUMMARY:
The exemptions are effective
October 7, 2015. The exemptions expire
on October 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:
DATES:
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
E:\FR\FM\07OCN1.SGM
07OCN1
60736
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices
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:
asabaliauskas on DSK5VPTVN1PROD 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
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
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.
VerDate Sep<11>2014
18:12 Oct 06, 2015
Jkt 238001
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.
Joseph G. Cerna-Nieves
C. Comments
Donna Neri
On November 24, 2014, FMCSA
published a notice of receipt of
exemption applications and requested
public comment on 10 individuals (FR
79 69989; Docket number FMCSA–
2014–27741). The comment period
ended on December 24, 2014. In
response to this notice, four comments
were received from The Commonwealth
of Virginia; The Indiana Bureau of
Motor Vehicles; Schneider National,
Inc.; The American Trucking
Associations, Inc.; Schneider National,
Inc.; Hub Group Trucking, Inc., and
Werner Enterprises, Inc. Some of these
comments were addressed in a previous
notice. These stakeholders expressed
safety concerns for the far reaching
ramifications to the commercial driving
industry of allowing deaf drivers to test,
train and/or drive commercially.
Additionally they expressed concern for
the 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 the stakeholder’s
concerns and may consider the initial
steps to revising the physical
qualification standards through a formal
rulemaking process.
Ms. Neri, 51, holds an operator’s
license in Arizona.
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:
Clayton L. Ashby
Mr. Ashby, 28, holds an operator’s
license in Virginia.
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 00126
Fmt 4703
Sfmt 4703
Mr. Cerna-Nieves, 24, holds an
operator’s license in Florida.
Steven C. Levine
Mr. Levine, 40, holds an operator’s
license in New York.
Brenda J. Palmigiano
Ms. Palmigiano, 56, holds a Class A
commercial driver’s license (CDL) in
New York.
Lon Edward Smith
Mr. Smith, 80, holds an operator’s
license in Mississippi.
Mark Taylor
Mr. Taylor, 46, holds an operator’s
license in Arizona.
James Clark Tillis
Mr. Tillis, 53, holds an operator’s
license in Alabama.
Bruce N. Walker
Mr. Walker, 66, holds an operator’s
license in New York.
Tommy Mark Weldon
Mr. Weldon, 52, holds an operator’s
license in Georgia.
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
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 part
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
E:\FR\FM\07OCN1.SGM
07OCN1
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices
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: Clayton L. Ashby
(VA); Joseph G. Cerna-Nieves (FL);
Steven C. Levine (NY); Donna Neri (AZ);
Brenda J. Palmigiano (NY); Lon Edward
Smith (MS); Mark Taylor (AZ); James
Clark Tillis (AL); Bruce N. Walker (NY);
and Tommy Mark Weldon (GA).
Dated: September 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–25499 Filed 10–6–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
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 12
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
asabaliauskas on DSK5VPTVN1PROD with NOTICES
VerDate Sep<11>2014
18:12 Oct 06, 2015
Jkt 238001
The exemptions are effective
October 7, 2015. The exemptions expire
on October 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:
DATES:
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
[Docket No. FMCSA–2014–0384]
SUMMARY:
exemptions preempt State laws and
regulations.
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
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
60737
this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970)
and 36 FR 12857 (July 3, 1971).
FMCSA grants 12 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
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 May 8, 2015, FMCSA published a
notice of receipt of exemption
applications and requested public
comment on 12 individuals (FR 80
26610; Docket number FMCSA–2015–
11121. The comment period ended on
June 8, 2015. In response to this notice,
one comment was received expressing
safety concerns for the far reaching
ramifications to the commercial driving
industry of allowing deaf drivers to test,
train and/or drive commercially. Some
of these concerns were addressed in a
previous notice. Additionally they
expressed concern for the process by
which exemptions are granted from
parts of 49 CFR 391.41, the increased
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.
E:\FR\FM\07OCN1.SGM
07OCN1
]]>Agencies
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60735-60737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25499]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0105]
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 October 7, 2015. The exemptions
expire on October 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: 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
[[Page 60736]]
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 November 24, 2014, FMCSA published a notice of receipt of
exemption applications and requested public comment on 10 individuals
(FR 79 69989; Docket number FMCSA-2014-27741). The comment period ended
on December 24, 2014. In response to this notice, four comments were
received from The Commonwealth of Virginia; The Indiana Bureau of Motor
Vehicles; Schneider National, Inc.; The American Trucking Associations,
Inc.; Schneider National, Inc.; Hub Group Trucking, Inc., and Werner
Enterprises, Inc. Some of these comments were addressed in a previous
notice. These stakeholders expressed safety concerns for the far
reaching ramifications to the commercial driving industry of allowing
deaf drivers to test, train and/or drive commercially. Additionally
they expressed concern for the 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 the stakeholder's concerns and may
consider the initial steps to revising the physical qualification
standards through a formal rulemaking process.
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:
Clayton L. Ashby
Mr. Ashby, 28, holds an operator's license in Virginia.
Joseph G. Cerna-Nieves
Mr. Cerna-Nieves, 24, holds an operator's license in Florida.
Steven C. Levine
Mr. Levine, 40, holds an operator's license in New York.
Donna Neri
Ms. Neri, 51, holds an operator's license in Arizona.
Brenda J. Palmigiano
Ms. Palmigiano, 56, holds a Class A commercial driver's license
(CDL) in New York.
Lon Edward Smith
Mr. Smith, 80, holds an operator's license in Mississippi.
Mark Taylor
Mr. Taylor, 46, holds an operator's license in Arizona.
James Clark Tillis
Mr. Tillis, 53, holds an operator's license in Alabama.
Bruce N. Walker
Mr. Walker, 66, holds an operator's license in New York.
Tommy Mark Weldon
Mr. Weldon, 52, holds an operator's license in Georgia.
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 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 part 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
[[Page 60737]]
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: Clayton L.
Ashby (VA); Joseph G. Cerna-Nieves (FL); Steven C. Levine (NY); Donna
Neri (AZ); Brenda J. Palmigiano (NY); Lon Edward Smith (MS); Mark
Taylor (AZ); James Clark Tillis (AL); Bruce N. Walker (NY); and Tommy
Mark Weldon (GA).
Dated: September 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-25499 Filed 10-6-15; 8:45 am]
BILLING CODE 4910-EX-P
