Qualification of Drivers; Exemption Applications; Hearing, 58446-58447 [2019-23755]

Download as PDF 58446 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year period to align with the maximum duration of a driver’s medical certification. 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, for commercial driver’s license (CDL) holders, and inspections recorded in the Motor Carrier Management Information System. For non-CDL holders, the Agency reviewed the driving records from the State Driver’s Licensing Agency. 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 § 391.41(b)(11) is likely to achieve a level of safety equal to that existing without the exemption. V. 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 VerDate Sep<11>2014 16:38 Oct 30, 2019 Jkt 250001 driver must report any crashes or accidents as defined in § 390.5; (2) each driver must report all citations and convictions for disqualifying offenses under 49 CFR 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. VI. Preemption VII. Conclusion Based upon its evaluation of the 29 exemption applications, FMCSA exempts the following drivers from the hearing standard, § 391.41(b)(11), subject to the requirements cited above. David O. Barnett (AL) Zachary Bruce-Hurst (FL) Azulita Jane Camacho (CA) Malcolm Collins (MO) Wayne Crowl (IN) Robert Culp (FL) Charles Wesley Davis (AL) Christopher Fisher (WA) Ariel Gonzalez (RI) Adrian Jiminez (CA) Steven L. Johnson (TN) Virginia M. Kammerer (NJ) Keith C. Kenyon (WI) Richard Melikian (NY) Paul J. Pitre (AL) Dion Prewitt (IL) John M. Price, Jr (TX) Marcel James Rambin II (WA) Aleksandr M. Riabinin (CA) Satwinder Sandher (CA) Dustin E. Selby (OH) Kerry Stewart (IN) Andrew Tessin (NC) Corey N. Thompson (TX) Aleksandhr Turchin (WA) Daniel Turchin (WA) Gary Harrison Wallace (NC) Honna Waymire (OH) Charles Wozniak (NJ) In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 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 Frm 00078 Fmt 4703 Issued on: October 24, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–23753 Filed 10–30–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0385] 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. PO 00000 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(e) and 31315(b). Sfmt 4703 Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for three individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce. DATES: The exemptions were applicable on August 13, 2019. The exemptions expire on August 13, 2021. 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., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Participation A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to http://www.regulations.gov/ docket?D=FMCSA-2015-0385 and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Operations in Room W12– 140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. B. 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. II. Background On September 3, 2019, FMCSA published a notice announcing its decision to renew exemptions for three number individuals from the hearing standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested comments from the public (84 FR 46092). The public comment period ended on October 3, 2019, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(11). The physical qualification standard for drivers regarding hearing found in § 391.41(b)(11) states 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. This standard was adopted in 1970 and was revised 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). khammond on DSKJM1Z7X2PROD with NOTICES III. Discussion of Comments FMCSA received insert number comments in this proceeding. IV. Conclusion Based upon its evaluation of the three renewal exemption applications FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41(b)(11). As of August 13, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following insert three VerDate Sep<11>2014 16:38 Oct 30, 2019 Jkt 250001 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (84 FR 46092): Jerrell M. McCrary (NC); David A. Pressley (TX); and Jason D. Swearington (WA). The drivers were included in docket number FMCSA–2015–0385. Their exemptions are applicable as of August 13, 2019, and will expire on August 13, 2021. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 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(e) and 31315(b). Issued on: October 24, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–23755 Filed 10–30–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0240] Hours of Service of Drivers: DPN, dba Matrix Medical Network; Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received an application from DPN, doing business as Matrix Medical Network (Matrix), requesting exemptions from the hours-of-service (HOS) provisions. Matrix requests the exemptions to allow its employeedrivers known as ‘‘Mobile Team Leads’’ to work up to 16 hours per day and be allowed to return to work with less than the mandatory 10 consecutive hours off duty. FMCSA requests public comment on Matrix’s application. DATES: Comments must be received on or before December 2, 2019. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– SUMMARY: PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 58447 2019–0240 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. • 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 or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number of this notice. DOT posts all comments received without change to www.regulations.gov, including personal information in a comment. Please see the Privacy Act heading below. Docket: To read background documents or comments, go to www.regulations.gov or visit 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., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. 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 personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS) at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, please contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Telephone: (202) 366–4325; Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2019–0240), the specific section of this document to which the comment applies, and E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58446-58447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23755]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0385]


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 renew exemptions for three 
individuals from the hearing requirement in the Federal Motor Carrier 
Safety Regulations (FMCSRs) for interstate commercial motor vehicle 
(CMV) drivers. The exemptions enable these hard of hearing and deaf 
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on August 13, 2019. The 
exemptions expire on August 13, 2021.

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., 
ET, Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2015-0385 and choose the document to review. If you do 
not have access to the internet, you may view the docket online by 
visiting the Docket Operations in Room W12-140 on the ground floor of 
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9

[[Page 58447]]

a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. 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.

II. Background

    On September 3, 2019, FMCSA published a notice announcing its 
decision to renew exemptions for three number individuals from the 
hearing standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate 
commerce and requested comments from the public (84 FR 46092). The 
public comment period ended on October 3, 2019, and no comments were 
received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions would achieve a level of 
safety equivalent to, or greater than, the level that would be achieved 
by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing 
found in Sec.  391.41(b)(11) states 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.
    This standard was adopted in 1970 and was revised 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 insert number comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the three renewal exemption 
applications FMCSA announces its decision to exempt the following 
drivers from the hearing requirement in Sec.  391.41(b)(11).
    As of August 13, 2019, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following insert three individuals have satisfied the 
renewal conditions for obtaining an exemption from the hearing 
requirement in the FMCSRs for interstate CMV drivers (84 FR 46092):
    Jerrell M. McCrary (NC); David A. Pressley (TX); and Jason D. 
Swearington (WA).
    The drivers were included in docket number FMCSA-2015-0385. Their 
exemptions are applicable as of August 13, 2019, and will expire on 
August 13, 2021.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 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(e) and 
31315(b).

    Issued on: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-23755 Filed 10-30-19; 8:45 am]
 BILLING CODE 4910-EX-P