Qualification of Drivers; Application for Exemptions; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
April 8, 2015
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18924-18926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08052]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0124]
Qualification of Drivers; Application for Exemptions; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to grant requests from 51
individuals for exemptions from the Agency's physical qualifications
standard concerning hearing for interstate drivers. The current
regulation prohibits hearing impaired individuals from operating CMVs
in interstate commerce. After notice and opportunity for public
comment, the Agency concluded that granting exemptions for these
drivers to operate property-carrying CMVs will provide a level of
safety that is equivalent to or greater than the level of safety
maintained without the exemptions. The exemptions are valid for a 2-
year period and may be renewed, and the exemptions preempt State laws
and regulations.
DATES: The exemptions are effective April 8, 2015. The exemptions
expire on April 10, 2017.
FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety, (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 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
A. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to http://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 www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
B. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the safety regulations for a 2-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 2-year period. The current provisions of the FMCSRs
concerning hearing state 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). This standard 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).
FMCSA grants 51 individuals an exemption from section 391.41(b)(11)
concerning hearing to enable them to operate property-carrying CMVs in
interstate commerce for a 2-year period. The Agency's decision on these
exemption applications is based on the current medical literature and
information and the ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety'' (the 2008 Evidence Report)
presented to FMCSA on August 26, 2008. 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 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 CDLIS,\1\
for CDL holders, and inspections recorded in MCMIS.\2\ For non-CDL
holders, the Agency reviewed the driving records from the State
licensing agency. Each applicant's record demonstrated a safe driving
history. The Agency believes the drivers covered by the exemptions do
not pose a risk to public safety.
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\1\ Commercial Driver License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of 51 licensing jurisdictions and the CDLIS Central Site,
all connected by a telecommunications network.
\2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
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C. Comments
On February 14, 2014, FMCSA published a notice of receipt of
exemption applications and requested public comment on 51 individuals.
The comment period ended on March 17, 2014. In response to the notice,
FMCSA received one comment from Ann Sherman, who supports the idea of
deaf drivers having the opportunity to get training and seek employment
``like everyone else''. FMCSA has determined that the following 51
applicants should be granted an exemption:
D. Exemptions Granted
Following individualized assessments of the exemption applications,
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 51 individuals.
Under current FMCSA regulations, all of the 51 drivers receiving
exemptions from 49 CFR 391.41(b)(11) would have been considered
physically qualified to drive a CMV in interstate commerce except that
they do not meet the hearing requirement. FMCSA has determined that the
following 51 applicants should be granted an exemption:
Brooks Andresen
Mr. Andresen, 34, holds a driver's license in Utah.
[[Page 18925]]
Alexey Belousov
Mr. Belousov, 37, holds a driver's license in Maryland.
Richard Boggs
Mr. Boggs, 37, holds a driver's license in Ohio.
Conley Bowling
Mr. Bowling, 35, holds a driver's license in Kentucky.
Marquarius Boyd
Mr. Boyd, 23, holds a driver's license in Mississippi.
Charles Breidenthal
Mr. Breidenthal, 62, holds a driver's license in California.
Adam Brown
Mr. Brown, 32, holds a driver's license in Texas.
Kwinton C. Carpenter
Mr. Carpenter, 29, holds a driver's license in Ohio.
Ronald Dillon, Jr.
Mr. Dillon, 49, holds a driver's license in California.
Clark Dobson
Mr. Dobson, 50, holds a driver's license in California.
Louis Dominik
Mr. Dominik, 54, holds a driver's license in Texas.
Kareem M. Douglas
Mr. Douglas, 39, holds a driver's license in Ohio.
Craig Eberhart
Mr. Eberhart, 43, holds a driver's license in Pennsylvania.
Anthony Farinacci
Mr. Farinacci, 50, holds a driver's license in Ohio.
Timothy D. Finley
Mr. Finley, 48, holds a driver's license in California.
Danny E. Fisk
Mr. Fisk, 57, holds a driver's license in Colorado.
Christopher Fitzwater
Mr. Fitzwater, 27, holds a driver's license in Virginia.
Kenneth Frilando
Mr. Frilando, 46, holds a driver's license in New York.
Timothy Gallagher
Mr. Gallagher, 51, holds a driver's license in Pennsylvania.
John R. Harper, Jr.
Mr. Harper, 33, holds a driver's license in Illinois.
Kenneth E. Harris
Mr. Harris, 39, holds a driver's license in Missouri.
Susan D. Helgerson
Ms. Helgerson, 49, holds a driver's license in Wisconsin.
Kimberly Hicks
Ms. Hicks, 47, holds a driver's license in Illinois.
Devon T. Hinds
Mr. Hinds, 56, holds a driver's license in Colorado.
Ryan S. Howard
Mr. Howard, 41, holds a driver's license in New York.
Gregory Ingram
Mr. Ingram, 28, holds a driver's license in North Carolina.
Bernard LaFayette
Mr. LaFayette, 59, holds a driver's license in California.
Christopher Lucki
Mr. Lucki, 32, holds a driver's license in Illinois.
Joshua Matlow
Mr. Matlow, 34, holds a driver's license in Texas.
Kathy Mazique
Ms. Mazique, 31, holds a driver's license in Illinois.
David W. McCoy
Mr. McCoy, 63, holds a driver's license in California.
Clair Mitcham
Ms. Mitcham, 56, holds a driver's license Texas.
Jeffrey S. Moore
Mr. Moore, 35, holds a driver's license in Pennsylvania.
Christopher Morgan
Mr. Morgan, 25, holds a driver's license in Massachusetts.
Quinton Murphy
Mr. Murphy, 32, holds a driver's license in Wisconsin.
William Noble
Mr. Noble, 63, holds a driver's license in New York.
Veniamin Panteleimonov
Mr. Panteleimonov, 34, holds a driver's license in California.
Kelly Pulvermacher
Mr. Pulvermacher, 27, holds a driver's license in Wisconsin.
Jeremy Reams
Mr. Reams, 37, holds a driver's license in Kentucky.
Victor M. Robinson
Mr. Robinson, 31, holds a driver's license in Louisiana.
Darrin A. Rutley
Mr. Rutley, 32, holds a driver's license in New York.
Samuel Sherman
Mr. Sherman, 36, holds a driver's license in Minnesota.
Andrey Shevchenko
Mr. Shevchenko, 22, holds a driver's license in Minnesota.
Ronald K. Smith, Jr.
Mr. Smith, 33, holds a driver's license in Texas.
Willine D. Smith
Ms. Smith, 52, holds a Class B commercial driver's license (CDL) in
Florida.
William Templeton
Mr. Templeton, 44, holds a driver's license in Georgia.
Timothy A. Terpak
Mr. Terpak, 28, holds a driver's license in Pennsylvania.
Jeremy L. Thrush
Mr. Thrush, 27, holds a driver's license in Pennsylvania.
Carlos A. Torres
Mr. Torres, 30, holds a driver's license in Florida.
John K. Turner, III
Mr. Turner, 49, holds a driver's license in Colorado.
Chad Weaver
Mr. Weaver, 32, holds a driver's license in Georgia.
E. Basis For Exemption
Under 49 U.S.C. 31136(e) and 31315, 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. With the exemption, applicants can
drive in interstate commerce. Thus, the Agency's analysis focuses on
whether an equal or greater level of safety is likely to be achieved by
permitting each of these
[[Page 18926]]
drivers to drive in interstate commerce as opposed to restricting him
or her to driving in intrastate commerce. The driver must comply with
the terms and conditions of the exemption. This includes reporting any
crashes or accidents as defined in 49 CFR 390.5 and reporting all
citations and convictions for disqualifying offenses under 49 CFR part
383 and 49 CFR 391.
Conclusion
The Agency is granting exemptions from the hearing standard, 49 CFR
391.41(b)(11), to 51 individuals based on a thorough evaluation of each
driver's safety experience. Safety analysis of information relating to
these 51 applicants meets the burden of showing that granting the
exemptions would achieve a level of safety that is equivalent to or
greater than the level that would be achieved without the exemption. By
granting the exemptions, the CMV industry will gain 51 additional CMV
drivers. In accordance with 49 U.S.C. 31315, each exemption will be
valid for 2 years from the effective date with annual recertification
required 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.
FMCSA exempts the following 51 drivers for a period of 2 years from
the physical qualification standard concerning hearing: Brooks Andresen
(UT); Alexey Belousov (MD); Richard Boggs (OH); Conley Bowling (KY);
Marquarius Boyd (MS); Charles Breidenthal (CA); Adam Brown (TX);
Kwinton Carpenter (OH); Ronald Dillon, Jr. (CA); Clark Dobson (CA);
Louis Dominik (TX); Kareem M. Douglas (OH); Craig Eberhart (PA);
Anthony Farinacci (OH); Timothy D. Finley (CA); Danny E. Fisk (CO);
Christopher Fitzwater (VA); Kenneth Frilando (NY); Timothy Gallagher
(PA); John R. Harper, Jr. (IL); Kenneth E. Harris (MO); Susan D.
Helgerson (WI); Kimberly Hicks (IL); Devon T. Hinds (CO); Ryan S.
Howard (NY); Gregory Ingram (NC); Bernard LaFayette (CA); Christopher
Lucki (IL); Joshua Matlow (TX); Kathy Mazique (IL); David W. McCoy
(CA); Clair Mitcham (TX); Jeffrey S. Moore (PA); Christopher Morgan
(MA); Quinton Murphy (WI); William Noble (NY); Veniamin Panteleimonov
(CA); Kelly Pulvermacher (WI); Jeremy Reams (KY); Victor M. Robinson
(LA); Darrin A. Rutley (NY); Samuel Sherman (MN); Andrey Shevchenko
(MN); Ronald K. Smith, Jr. (TX); Willine D. Smith (FL); William
Templeton (GA); Timothy A. Terpak (PA); Jeremy L. Thrush (PA); Carlos
A. Torres (FL); John K. Turner, III (CO); and Chad Weaver (GA).
Issued on: April 2, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08052 Filed 4-7-15; 8:45 am]
BILLING CODE 4910-EX-P