Qualification of Drivers; Application for Exemptions; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
September 21, 2015
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 57041-57043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23596]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0383]
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 30
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 September 21, 2015. The exemptions
expire on September 21, 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.
Docket: For access to the docket to read background documents or
comments, go to 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 30 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 April 7, 2015, FMCSA published a notice of receipt of exemption
[[Page 57042]]
applications and requested public comment on 30 individuals (FR 80
18697; Docket number FMCSA-2015-07909. The comment period ended on May
7, 2015. In response to this notice, nine comments were received
expressing safety concerns for the far reaching ramifications to the
commercial driving industry of allowing deaf drivers to test, train
and/or drive commercially. Some of these comments were addressed in a
previous notice. Additionally they expressed concern for the process by
which exemptions are granted from parts of 49 CFR 391.41, the increased
volume of exemptions, and the need to rely on scientific support as a
basis for granting the exemptions. FMCSA acknowledges the stakeholder's
concerns and may consider the initial steps to revising the physical
qualification standards through a formal rulemaking process.
D. Exemptions Granted
Following individualized assessments of the exemption applications,
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 30 individuals.
Under current FMCSA regulations, all of the 30 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 30 applicants should be granted an exemption:
Neal Everett Boatman, Jr.
Mr. Boatman, 37, holds an operator's license in Arizona.
Herbert Dean Crowe
Mr. Crowe, 50, holds an operator's license in Missouri.
David Keith Cannon
Mr. Cannon, 47, holds an operator's license in Missouri.
Bryant Cater
Mr. Cater, 54, holds a Class A commercial driver's license (CDL) in
Tennessee.
Frankye D. Crews
Ms. Crews, 44, holds an operator's license in Florida.
Justin Craig Cribb
Mr. Cribb, 36, holds an operator's license in South Carolina.
William Reeder Darnell
Mr. Darnell, 40, holds a Class A commercial driver's license (CDL)
in Arizona.
Mark Dickson
Mr. Dickson, 55, holds an operator's license in Texas.
Kelly Gene Eller
Mr. Eller, 50, holds an operator's license in North Carolina.
Elliot David Fellows
Mr. Fellows, 22, holds an operator's license in New York.
David H. Grady
Mr. Grady, 46, holds a Class B commercial driver's license (CDL) in
Colorado.
Alissa Haselhorst
Ms. Haselhorst, 27, holds an operator's license in Nebraska.
Nathan John Hill
Mr. Hill, 31, holds an operator's license in Georgia.
Jason R. Gensler
Mr. Gensler, 36, holds an operator's license in Ohio.
Thomas P. Lipyanic, Jr.
Mr. Lipyanic, 49, holds a Class A commercial driver's license (CDL)
in Pennsylvania.
Brian L. Lloyd
Mr. Lloyd, 41, holds an operator's license in Ohio.
Kelsey Rae Maginity
Ms. Maginity, 23, holds an operator's license in Iowa.
Donald B. Malley
Mr. Malley, 60, holds a Class A commercial driver's license (CDL)
in Missouri.
Courtney Maloney
Ms. Maloney, 26, holds an operator's license in New York.
Amy Elizabeth Marcus
Ms. Marcus, 42, holds an operator's license in Michigan.
Jonython A. Mason
Mr. Mason, 33, holds an operator's license in California.
Scott Matchett
Mr. Matchett, 32, holds an operator's license in New York.
Kathy Ann Meadows
Ms. Meadows, 57, holds a Class A commercial driver's license (CDL)
in Georgia.
Devin Jamal Moffett
Mr. Moffett, 23, holds an operator's license in Georgia.
Anthony Joseph Saive
Mr. Saive, 29, holds a Class B commercial driver's license (CDL) in
Ohio.
David W. Shores
Mr. Shores, 47, holds a Class A commercial driver's license (CDL)
in North Carolina.
Jonathan P. Veach
Mr. Veach, 32, holds an operator's license in Illinois.
Michael Whitman
Mr. Whitman, 39, holds an operator's license in New Jersey.
Richard E. Whittaker
Mr. Whittaker, 44, holds a Chauffeur's license in Indiana.
Brian David Whittington
Mr. Whittington, 48, holds a Class A commercial driver's license
(CDL) in Michigan.
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.
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 30 individuals based on an evaluation of each
driver's safety experience. Safety analysis of information relating to
these 30 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. 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
[[Page 57043]]
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 30 drivers for a period of 2 years from
the physical qualification standard concerning hearing: Neal Everett
Boatman, Jr. (AZ); Herbert Dean Crowe (MO); David Keith Cannon (MO);
Bryant Cater (TN); Frankye D. Crews (FL); Justin Craig Cribb (SC);
William Reeder Darnell (AZ); Mark Dickson (TX); Kelly Gene Eller (NC);
Elliot David Fellows (NY); David H. Grady (CO); Alissa Haselhorst (NE);
Nathan John Hill (GA); Jason R. Gensler (OH); Thomas P. Lipyanic, Jr.
(PA); Brian L. Lloyd (OH); Kelsey Rae Maginity (IA); Donald B. Malley
(MO); Courtney Maloney (NY); Amy Elizabeth Marcus (MI); Jonython A.
Mason (CA); Scott Matchett (NY); Kathy Ann Meadows (GA); Devin Jamal
Moffett (GA); Anthony Joseph Saive (OH); David W. Shores (NC); Jonathan
P. Veach (IL); Michael Whitman (NJ); Richard E. Whittaker (IN); amd
Brian David Whittington (MI).
Issued on: September 8, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-23596 Filed 9-18-15; 8:45 am]
BILLING CODE 4910-EX-P