Qualification of Drivers; Exemption Applications; Hearing, 17881-17882 [2018-08511]

Download as PDF Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 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 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: FOR FURTHER INFORMATION CONTACT: 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 FMCSA received applications from 28 individuals who requested an exemption from the FMCSRs prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a CMV from operating CMVs in interstate commerce. FMCSA has evaluated the eligibility of these applicants and concluded that granting these exemptions would not provide a level of safety that would be equivalent to or greater than, the level of safety that would be obtained by complying with the regulation 49 CFR 391.41(b)(8). III. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five years if it finds such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption. FMCSA grants exemptions from the FMCSRs for a two- VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 year period to align with the maximum duration of a driver’s medical certification. The Agency’s decision regarding these exemption applications is based on the eligibility criteria, the terms and conditions for Federal exemptions, and an individualized assessment of each applicant’s medical information provided by the applicant. The Agency has determined that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption and granting these exemptions would not provide a level of safety that would be equivalent to or greater than, the level of safety that would be obtained by complying with the regulation 49 CFR 391.41(b)(8). Therefore, the 28 applicants in this notice have been denied exemptions from the physical qualification standards in 49 CFR 391.41(b)(8). Each applicant has, prior to this notice, received a letter of final disposition regarding his/her exemption request. Those decision letters fully outlined the basis for the denial and constitutes final action by the Agency. This notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following 19 applicants do not meet the minimum time requirement for being seizure-free, either on or off of anti-seizure medication: Rickie Brown (TX) Steven F. Buetel (IA) Caleb Coulter (VT) Christopher Dowling (IN) Seth Foster (MO) Paul W. Gibson (AZ) Christopher J. Gilbert (VA) Sean J. Gongaware (PA) Norma Haus (MN) Alan E. Houser (IN) David Hudson (WV) Barbara Miller (TX) John Pounds (NY) William Senn (SC) Michael Shumake (VA) Donald V. Soto (NY) Joshua Thomas (MN) Johnny Toles (IN) Brian J. Underwood (OH) The following eight applicants are intrastate drivers: Dwayne A. Burrus (NY) Paul E. Faatz (OH) Paul M. Gorzycki (MN) Justin Kerbow (OR) Michael R. Miles (MA) Amy Powell (WI) Frm 00094 Fmt 4703 Michael J. Shea (NJ) Daisy Tapia (NY) The following applicant is under 21 years old: Austin Freeland (WI) Issued on: April 18, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–08507 Filed 4–23–18; 8:45 am] BILLING CODE 4910–EX–P IV. Conclusion PO 00000 17881 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0059] 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 30 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 April 2, 2018. The exemptions expire on April 2, 2020. 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 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: SUMMARY: 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 E:\FR\FM\24APN1.SGM 24APN1 17882 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 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 February 27, 2018 FMCSA published a notice announcing receipt of applications from 30 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 (83 FR 8567). The public comment period ended on March 29, 2018, 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 proceeding. The comment was out of scope of this notice. daltland on DSKBBV9HB2PROD with NOTICES 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. VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 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 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. PO 00000 Frm 00095 Fmt 4703 Sfmt 9990 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 30 exemption applications, FMCSA exempts the following drivers from the hearing standard, 49 CFR 391.41(b)(11), subject to the requirements cited above: Kathleen A. Abenchuchan, (IA) Maurice Abenchuchan, (IA) Cory Lee Adkins, (OH) James Bogart, KS) Johnny D. Brewer, (OH) Forrest Carroll, (OH) James G. Carter, (GA) Julian V. Faire, Jr., (CA) Jeffrey Farrington, (NY) Barry E. Felton, Sr., (MI) Samuel Fernandez, (FL) Jada Hart, (IA) Harold C. Johnson, PA) Paul Klug, (IA) Cody Lauritsen, (NE) Dayton Lawson Jr., (MI) Berenice Martinez, (TX) Scott Miller, (IA) Michael A. Murrah, (IL) Kenneth Novcaski, (AZ) Kiley C. Peterson, (IA) John See, (OH) Michael Sepulvedo, (CO) Darren Talley, (LA) Frankie D. Tarlton, NC) Diana P. Turner, (NJ) Dick M. Vanderspek, (UT) Thomas K. Warner II, (WA) Tommy M. Weldon, (GA) Johnny Wu, (DE) 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: April 18, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–08511 Filed 4–23–18; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\24APN1.SGM 24APN1

Agencies

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17881-17882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08511]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0059]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 30 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 April 2, 2018. The exemptions 
expire on April 2, 2020.

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 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

[[Page 17882]]

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 February 27, 2018 FMCSA published a notice announcing receipt of 
applications from 30 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 (83 FR 
8567). The public comment period ended on March 29, 2018, 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 proceeding. The comment was out 
of scope of this 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 30 exemption applications, FMCSA 
exempts the following drivers from the hearing standard, 49 CFR 
391.41(b)(11), subject to the requirements cited above:

Kathleen A. Abenchuchan, (IA)
Maurice Abenchuchan, (IA)
Cory Lee Adkins, (OH)
James Bogart, KS)
Johnny D. Brewer, (OH)
Forrest Carroll, (OH)
James G. Carter, (GA)
Julian V. Faire, Jr., (CA)
Jeffrey Farrington, (NY)
Barry E. Felton, Sr., (MI)
Samuel Fernandez, (FL)
Jada Hart, (IA)
Harold C. Johnson, PA)
Paul Klug, (IA)
Cody Lauritsen, (NE)
Dayton Lawson Jr., (MI)
Berenice Martinez, (TX)
Scott Miller, (IA)
Michael A. Murrah, (IL)
Kenneth Novcaski, (AZ)
Kiley C. Peterson, (IA)
John See, (OH)
Michael Sepulvedo, (CO)
Darren Talley, (LA)
Frankie D. Tarlton, NC)
Diana P. Turner, (NJ)
Dick M. Vanderspek, (UT)
Thomas K. Warner II, (WA)
Tommy M. Weldon, (GA)
Johnny Wu, (DE)

    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: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08511 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P
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