[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45199-45201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18572]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0383; FMCSA-2014-0102]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for eleven 
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

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individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before September 
27, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0383 or FMCSA-2014-0102 
(as applicable) using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     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., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

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. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2014-0383 or FMCSA-2014-0102), indicate the 
specific section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation. You may submit 
your comments and material online or by fax, mail, or hand delivery, 
but please use only one of these means. FMCSA recommends that you 
include your name and a mailing address, an email address, or a phone 
number in the body of your document so that FMCSA can contact you if 
there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-2014-0383 or FMCSA-2014-0102, in the 
keyword box, and click ``Search.'' When the new screen appears, click 
on the ``Comment Now!'' button and type your comment into the text box 
on the following screen. Choose whether you are submitting your comment 
as an individual or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period.

B. 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-2014-0383 or FMCSA-2014-0102, 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.

C. 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

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for five years 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 five-year period. FMCSA grants 
exemptions from the FMCSRs for a two-year period to align with the 
maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding hearing 
found in 49 CFR 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.
    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).
    The eleven individuals listed in this notice have requested renewal 
of their exemptions from the hearing standard in 49 CFR 391.41(b)(11), 
in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits and decided to extend 
each exemption for a renewable two-year period.

III. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136 and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the eleven 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The twelve drivers in this 
notice remain in good standing with the Agency. In addition, for 
Commercial Driver's License (CDL) holders, the Commercial Driver's 
License Information System (CDLIS) and the Motor Carrier Management 
Information System (MCMIS) are searched for crash and violation data. 
For non-CDL holders, the Agency reviews the driving records from the

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State Driver's Licensing Agency (SDLA). These factors provide an 
adequate basis for predicting each driver's ability to continue to 
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes 
that extending the exemption for each of these drivers for a period of 
two years is likely to achieve a level of safety equal to that existing 
without the exemption.
    As of May 8, 2019, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following ten individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

Herbert Crowe (IN)
Jessica Crowe (MO)
Mark Dickson (TX)
Jason Gensler (OH)
David Grady (CO)
Frankye Helbig (FL)
Thomas Lipyanic (FL)
Donald Malley (MO)
David Shores (NC)
Richard Whittaker (IN)

    The drivers were included in docket number FMCSA-2014-0383. Their 
exemptions are applicable as of May 8, 2019, and will expire May 8, 
2021.
    As of May 21, 2019, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following individual has satisfied the renewal conditions 
for obtaining an exemption form the hearing requirement in the FMCSRs 
for interstate drivers:

Timothy Gallagher (PA)

    The driver was included in docket number FMCSA-2014-0102. The 
exemption was applicable as of May 21, 2019, and will expire May 21, 
2021.

Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must report any crashes or accidents as defined in 49 
CFR 390.5; and (2) report all citations and convictions for 
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA; 
and (3) each driver 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. Each exemption will be valid for two years 
unless rescinded earlier by FMCSA.
    The exemption will be rescinded if: (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 before it was 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136 and 31315.

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 eleven exemption applications, 
FMCSA renews the exemptions of the aforementioned drivers from the 
hearing requirement in 49 CFR 391.41 (b)(11). In accordance with 49 
U.S.C. 31136(e) and 31315, each exemption will be valid for two years 
unless revoked earlier by FMCSA.

    Issued on: August 16, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-18572 Filed 8-27-19; 8:45 am]
 BILLING CODE 4910-EX-P