[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60945-60946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25842]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0135]
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 October 13, 2018. The
exemptions expire on October 13, 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.,
ET, 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. 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.
Insert the docket number, FMCSA-2018-0135, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button 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
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
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 10, 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
45745). The public comment period ended on October 10, 2018, and two
comments were 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 two comments in this proceeding. Vicky Johnson, of
Minnesota Department of Safety, wrote there are no objections to Thomas
D. Sneer receiving a hearing exemption. An anonymous commenter
indicated that Donald Reamsnyder of Florida, is seeking the exemption
for a B CDL with Passenger/School Bus endorsement. The Agency's Federal
Hearing Exemption stipulates, that the driver granted a hearing
exemption is prohibited from operating a motorcoach or bus with
passengers in interstate commerce.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
for up to five years 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. FMCSA
grants exemptions from the FMCSRs for a two-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 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
[[Page 60946]]
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.
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 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.
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 30 exemption applications, FMCSA
exempts the following drivers from the hearing standard, 49 CFR
391.41(b)(11), subject to the requirements cited above:
David Alagna, (IL)
Matthew H. Albrecht, (PA)
Raymond Amundson, (OK)
Michael Arwood, (TN)
Jonathan D. Ball, (PA)
Gerald Bennett, (NH)
Dominick Booker, (PA)
Michael Borman, (CO)
Russel Brannan, (GA)
Gerald Buoniconti, (MA)
Luke C. Bundrum, (GA)
Steven D. Chambers, (OK)
Michael Dohanish, (OH)
Ralph K. Domel, (TX)
Jacquelyn Hetherington, (OK)
Julian Koch, (TX)
Jeremy Lampart, (SC)
Jay Larson, (TX)
Thomas E. McLaughlin, (NY)
Dustin R. Miller, (MI)
Eric D. Peer, (DE)
Jose B. Ramirez, (IL)
Donald Reamsayder, (FL)
Kenneth W. Reimer, (WI)
Troy Rolland, (TX)
Thomas D. Sneer, (MN)
Carlos Talamantes, (TX)
Kenneth Weaver, (TX)
Paul Whetstone, (AZ)
Jason Wynne, (TX)
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: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25842 Filed 11-26-18; 8:45 am]
BILLING CODE 4910-EX-P