Qualification of Drivers; Exemption Applications; Hearing, 6702-6704 [2018-03045]
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6702
Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
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 nonCDL 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.
daltland on DSKBBV9HB2PROD with NOTICES
V. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 91
exemption applications, FMCSA
exempts the following drivers from the
hearing standard, 49 CFR 391.41(b)(11),
subject to the requirements cited above:
Mario Alverado (CA)
Shey C. Amberson (FL)
Kasseth Andrews (MA)
Steven Andrews (FL)
Randy Bailey (NJ)
Ivan Batista (NJ)
Larry G. Beeson (NC)
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22:07 Feb 13, 2018
Jkt 244001
Deontae Blanks (TX)
Daryl A. Broker (MN)
Justin Brooks (WA)
Daniel Camp (GA)
Joseph Caplan (CT)
Vincente Carreon (TX)
Richard N. Casto (OH)
Blair D. Chappell (PA)
Christa B. Coppley (NC)
Leslie Crump (IN)
William Darnell (AZ)
Travis K. Davisson (IA)
Sean M. Dearsman (OH)
Shane DiBernado (CO)
James Edmonson (LA)
Gary Effner (MA)
Mitchell R. Estill (MO)
Jerey Exum (TX)
William F. Farrell (WI)
Lucius Fowler (IL)
Bruce Francechi (NY)
Buddy Gann (IN)
Blanca Gerardo (TX)
Teela Gilmore (GA)
Douglas M. Gray (OR)
John Grebenc (MN)
Kimberly Gumm (IN)
Conrad Hause (MD)
John Hayt III (FL)
Raymond E. Henk (TX)
Jorge L. Hernandez (TX)
Andrew J Hippler (ID)
Charles Holbrook (MD)
Paul Hoover (PA)
Buford G Hudson (KY)
Thomas Gensen (IA)
Charles J. Jernigan, Jr. (SC)
James M. Johnson (MN)
Matthew Jones (CA)
Ronald L. Jones (OK)
Wayne A. Kramas (WI)
Daniel Krytosek (MN)
Nicholas Kulasa (IL)
Ryan R. Larkin (MA)
Aaron S. Leader (AZ)
Brian Levinson (FL)
Benjamin Lockwood (TX)
Srephen O. Lothamer (MI)
Pete Love Jr. (NE)
John R. Martikainen (CT)
Cory McDaniel (PA)
Jamarques McMahon (TX)
Ty McRae (GA)
David. W. Morgan (ID)
Coltin Mueller (WI)
Eddie P. Naquin (TX)
Ernest O. Noel (IN)
Robert C. Oliver (WA)
Tim S. Oyler (UT)
Douglas Pfueger (MO)
Charles L. Pitt (AL)
Jonathan Pitts (MD)
Robert F. Quintero (IL)
Jonathan Ramos (NE)
James E. Redmond (IL)
Lucas Robinson (OH)
David Rowe (CO)
Dustin Sargent (TX)
Carl Seabough (FL)
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Frm 00196
Fmt 4703
Sfmt 4703
Johnny Seng (RI)
Michael Singleton (TX)
Marshall Smith (TX)
Lonnie D. Stockton (TX)
Robert S. Swafford (OK)
Michael Swetnam (TX)
Courtney D. Turner (VA)
Cory Twombly (NY)
Gary Wallace (NC)
James R. Wilson (MS)
Melanie Wilson (TX)
Ricky M. Winslow (MI)
Jerry E. Wright (NC)
Kedir Yimamu (VA)
Edward J. Zozaya (AZ)
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–03044 Filed 2–13–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0002]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
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
SUMMARY:
E:\FR\FM\14FEN1.SGM
14FEN1
Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
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: 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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
daltland on DSKBBV9HB2PROD with NOTICES
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
VerDate Sep<11>2014
22:07 Feb 13, 2018
Jkt 244001
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 nonCDL 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
PO 00000
Frm 00197
Fmt 4703
Sfmt 4703
6703
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)
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6704
Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0290]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 51 individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) operating a commercial motor
vehicle (CMV) in interstate commerce. If
granted, the exemptions would enable
these individuals with ITDM to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before March 16, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0290 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
22:07 Feb 13, 2018
Jkt 244001
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: 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.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) for this notice. 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 for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time 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. The
FDMS is available 24 hours each day
e.t., 365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
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
hours are 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:
FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-year period if it
PO 00000
Frm 00198
Fmt 4703
Sfmt 4703
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 five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 51 individuals listed in this
notice have requested an exemption
from the diabetes prohibition in 49 CFR
391.41(b)(3). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
the exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control. The Agency
established the current requirement for
diabetes in 1970 because several risk
studies indicated that drivers with
diabetes had a higher rate of crash
involvement than the general
population.
FMCSA established its diabetes
exemption program, based on the
Agency’s July 2000 study entitled ‘‘A
Report to Congress on the Feasibility of
a Program to Qualify Individuals with
Insulin-Treated Diabetes Mellitus to
Operate in Interstate Commerce as
Directed by the Transportation Act for
the 21st Century.’’ The report concluded
that a safe and practicable protocol to
allow some drivers with ITDM to
operate CMVs is feasible. The
September 3, 2003 (68 FR 52441),
Federal Register notice in conjunction
with the November 8, 2005 (70 FR
67777), Federal Register notice provides
the current protocol for allowing such
drivers to operate CMVs in interstate
commerce.
FMCSA notes that section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary
to revise its diabetes exemption program
established on September 3, 2003 (68 FR
52441). The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination of
the requirement for three years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
E:\FR\FM\14FEN1.SGM
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Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6702-6704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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, [email protected], 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: 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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://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