Qualification of Drivers; Application for Exemptions; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
April 23, 2015
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22766-22768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09459]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0125]
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 10
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 23, 2015. The exemptions
expire on April 24, 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: www.regulations.gov.
[[Page 22767]]
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov, at any time 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., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
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 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 provision (49 CFR
391.41(b)(11)) 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.
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 10 individuals an exemption from Sec. 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 December 5, 2013, FMCSA published a notice of receipt of
exemption applications and requested public comment on 10 individuals
(Docket number FMCSA-2013-0125). The comment period ended on 2 January
2014. In response to the notice, FMCSA received three comments. All
three commenters support the idea of granting exemptions. One of the
commenters included in this notice, James Gooch, stated that he has
held a CDL for a long time and has experience driving locally. Andrew
Mudgett identified many important aspects that should be considered
before granting a hearing exemption such as moral, economic, safety,
exemption options and terms. Instead of disallowing deaf or hearing
impaired drivers to drive, he supports restrictions if necessary and
``as much leniency as possible'' be given applicants of hearing
exemptions. Bobby B stated that drivers should be evaluated
individually because safety is important and that operating in a
restricted environment should be considered if necessary.
FMCSA Response: FMCSA acknowledges that safety and a safe driving
record are important factors to consider when granting hearing
exemptions. All of the drivers in this notice hold CDLs and have
demonstrated a safe driving history. FMCSA evaluates past driving
history and violations to ensure an acceptable level of safety. The
Agency acknowledges the necessity of restrictions in that the exemption
restricts these applicants from operating a motorcoach or bus with
passengers in interstate commerce.
D. Exemptions Granted
Following individualized assessments of the exemption applications,
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 10 individuals.
Under current FMCSA regulations, all of the 10 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 applicants should be granted an exemption:
Sascha Cotton
Mr. Cotton, 40, holds a class A commercial driver's license (CDL)
in Florida.
Keith C. Drown
Mr. Drown, 62, holds a class A commercial driver's license (CDL) in
Idaho.
Norman Estes
Mr. Estes, 61, holds a class A commercial driver's license (CDL) in
Alabama.
David Garland
Mr. Garland, 43, holds a class A commercial driver's license (CDL)
in Maine.
James Gooch
Mr. Gooch, 54, holds a class A commercial driver's license (CDL) in
Missouri.
Harold Johnson
Mr. Johnson, 62, holds a class A commercial driver's license (CDL)
in Pennsylvania.
Michael Paasch
Mr. Paasch, 41, holds a class A commercial driver's license (CDL)
in Nebraska.
William Symonds
Mr. Symonds, 56, holds a class B commercial driver's license (CDL)
in Illinois.
[[Page 22768]]
Anthony Thong
Mr. Thong, 31, holds a class A commercial driver's license (CDL) in
California.
Roger Allen Wright
Mr. Wright, 62, holds a class A commercial driver's license (CDL)
in Alabama.
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 drivers to drive in interstate commerce as
opposed to restricting him or her to driving in intrastate commerce.
Based on its review of each driver's record, the Agency has concluded
that allowing these applicants to drive only a property-carrying CMV in
interstate commerce will achieve an equal level of safety. Each 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 10 CDL holders based on an evaluation of each
driver's safety experience. Safety analysis of information relating to
these 10 applicants meets the burden of showing that granting the
exemptions to allow them to operate only property-carrying CMVs in
interstate commerce would achieve a level of safety that is equivalent
to or greater than the level that would be achieved without the
exemption. As a result of the exemptions, the CMV industry will gain 10
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 the
exemption 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 10 drivers for a period of 2 years from
the physical qualification standard concerning hearing: Sascha Cotton
(FL); Keith C. Drown (ID); Norman Estes (AL); David Garland (ME); James
Gooch (MO); Harold Johnson (PA); Michael Paasch (NE); William Symonds
(IL); Anthony Thong (CA); and Roger Allen Wright (AL).
Issued on: April 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-09459 Filed 4-22-15; 8:45 am]
BILLING CODE 4910-EX-P