Qualification of Drivers; Application for Exemptions; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
October 7, 2015
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60747-60749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25497]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0104]
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 17
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. The exemptions preempt State laws and
regulations.
DATES: The exemptions are effective October 7, 2015. The exemptions
expire on October 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: 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 17 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
[[Page 60748]]
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 October 27, 2014, FMCSA published a notice of receipt of
exemption applications and requested public comment on 17 individuals
(FR 79 64004; Docket number FMCSA-2014-25453). The comment period ended
on November 26, 2014. In response to this notice, FMCSA received 10
comments. Six comments supported deaf drivers driving commercially and
four comments expressed safety concerns for granting exemptions to
drivers who do not meet the hearing standard. The safety concerns were
submitted on behalf of The American Trucking Associations, Inc.;
Schneider National, Inc.; Hub Group Trucking, Inc.; and Werner
Enterprises, Inc. Some of these comments were addressed in a previous
notice. These stakeholders expressed safety concerns for the far
reaching ramifications to the commercial driving industry of allowing
deaf drivers to test, train and/or drive commercially. 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 17 individuals.
Under current FMCSA regulations, all of the 17 drivers receiving
exemptions from 49 CFR 391.41(b)(11) would have been considered as
qualified physically to drive a CMV in interstate commerce except that
they do not meet the hearing requirement. FMCSA has determined that the
following 17 applicants should be granted an exemption:
Martin Anthony Bystrycki
Mr. Bystrycki, 63, holds a Class A commercial driver's license
(CDL) in Florida.
Ronald Craver, Sr.
Mr. Craver, 57, holds an operator's license in Texas.
Byron Davis
Mr. Davis, 37, holds an operator's license in Mississippi.
Stephen Digiovanna
Mr. Digiovanna, 53, holds a Class A commercial driver's license
(CDL) in Pennsylvania.
Bruce Howard Dunn
Mr. Dunn, 52, holds a Class A commercial driver's license (CDL) in
Louisiana.
Brandon Thomas Londo
Mr. Londo, 29, holds an operator's license in Texas.
George T. Moore
Mr. Moore, 47, holds an operator's license in Georgia.
Robert J. Pippin
Mr. Pippin, 46, holds an operator's license in South Dakota.
Scott A. Perdue
Mr. Perdue, 47, holds a Class A commercial driver's license (CDL)
in Georgia.
Adalberto Rodriguez
Mr. Rodriguez, 49, holds a Class A commercial driver's license
(CDL) in New York.
David Rodriguez
Mr. Rodriguez, 56, holds an operator's license in Texas.
Melvin Randall Ross
Mr. Ross, 61, holds a Class A commercial driver's license (CDL) in
Ohio.
Abderrazek Merjoune
Mr. Merjoune, 42, holds a Class A commercial driver's license (CDL)
in Maryland.
Seth Lee Shannon
Mr. Shannon, 36, holds an operator's license in Washington.
Thomas D. Sneer
Mr. Sneer, 58, holds a Class A commercial driver's license (CDL) in
Minnesota.
Juan Sloan
Mr. Sloan, 52, holds an operator's license in California.
Charles F. Wirick, IV
Mr. Wirick, 31, holds an operator's license in Maryland.
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 17 individuals based on an evaluation of each
driver's safety experience. Safety analysis of information relating to
these 17 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
[[Page 60749]]
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 17 drivers for a period of 2 years from
the physical qualification standard concerning hearing: Martin Anthony
Bystrycki (FL); Ronald Craver, Sr. (TX); Byron Davis (MS); Stephen
Digiovanna (PA); Bruce Howard Dunn (LA); Brandon Thomas Londo (TX);
George T. Moore (GA); Robert J. Pippin (SD); Scott A. Perdue (GA);
Adalberto Rodriguez (NY); David Rodriguez (TX); Melvin Randall Ross
(OH); Abderrazek Merjoune (MD); Seth Lee Shannon (WA); Thomas D. Sneer
(MN); Juan Sloan (CA); and Charles F. Wirick, IV (MD).
Issued on: September 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-25497 Filed 10-6-15; 8:45 am]
BILLING CODE 4910-EX-P