Qualification of Drivers; Exemption Applications; Hearing, 91478-91479 [2024-26970]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91478-91479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26970]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0016]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 10 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 are applicable on November 13, 2024. The 
exemptions expire on November 13, 2026.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001, (202) 366-4001, [email protected]. 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 Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-2024-0016) in the keyword box and click ``Search.'' Next, 
sort the results by ``Posted (Older-Newer),'' choose the first notice 
listed, and click ``Browse Comments.'' If you do not have access to the 
internet, you may view the docket online by visiting Dockets Operations 
in on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption requests. 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 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter.

II. Background

    On October 9, 2024, FMCSA published a notice announcing receipt of 
applications from 10 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 (89 FR 
81979). The public comment period ended on November 8, 2024, and no 
comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these individuals would likely 
achieve a level of safety that is 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 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), 
respectively).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

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 statutes also allow the Agency to renew exemptions at 
the end of the 5-year period. However, FMCSA grants medical exemptions 
from the FMCSRs for a 2-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 relevant scientific 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

[[Page 91479]]

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 certified driving record from their 
State Driver's Licensing Agency (SDLA). The information obtained from 
each applicant's driving record provides the Agency with details 
regarding any moving violations or reported crash data., which 
demonstrates whether the driver has a safe driving history and is used 
as an indicator of future driving performance. If the driving record 
revealed a crash, FMCSA requested and reviewed the related police 
reports and other relevant documents, such as the citation and 
conviction information. 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 would 
likely be achieved by permitting each of these drivers to drive in 
interstate commerce, the Agency finds the drivers granted this 
exemption have demonstrated that they do not pose a risk to public 
safety.
    Consequently, FMCSA finds further that in each case exempting these 
applicants from the hearing standard in Sec.  391.41(b)(11) would 
likely achieve a level of safety equal to that existing without the 
exemption, consistent with the applicable standard in 49 U.S.C. 
31315(b)(1).

V. Terms and Conditions

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and include the following: each 
driver (1) must report to FMCSA the date, location, and time of any 
crashes as defined in Sec.  390.5T, within 7 days of the crash; (2) 
must report to FMCSA any citations and convictions for disqualifying 
offenses under 49 CFR parts 383 and 391 within 7 days of the citations 
and convictions; (3) must submit to FMCSA annual certified driving 
records from their SDLA; and (4) 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 driver must meet all applicable commercial driver's 
license testing requirements.

VI. 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.

VII. Conclusion

    Based upon its evaluation of the 10 exemption applications, FMCSA 
exempts the following drivers from the hearing standard; in Sec.  
391.41(b)(11), subject to the requirements cited above:

Ricky Allen (OR)
Cyle Carter (OK)
Joshua Edwards (AL)
Zachary Garner (MO)
Zachrey Gill (MI)
Maher Hamida (IL)
Ryan Jolly (NY)
Stetson McBirnie (CA)
David Monterastelli (IL)
Kevin Torppey (NY)

    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, 49 
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-26970 Filed 11-18-24; 8:45 am]
BILLING CODE 4910-EX-P