Qualification of Drivers; Exemption Applications; Hearing

Larry W. Minor
Federal Motor Carrier Safety Administration
20 February 2020

[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9927-9928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03351]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0385; FMCSA-2014-0387; FMCSA-2017-0058]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 34 
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 
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on December 26, 2019. The 
exemptions expire on December 26, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 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 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 Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. 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/docket?D=FMCSA-2014-0385 or http://www.regulations.gov/docket?D=FMCSA-2014-0387 or http://www.regulations.gov/docket?D=FMCSA-2017-0058 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 
Operations 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.

B. 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.transportation.gov/privacy.

II. Background

    On December 30, 2019, FMCSA published a notice announcing its 
decision to renew exemptions for 34 individuals from the hearing 
standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate 
commerce and requested comments from the public (84 FR 72117). The 
public comment period ended on January 29, 2020, and one comment was 
received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions would achieve a level of 
safety equivalent to, or greater than, the level that would be achieved 
by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing 
found in Sec.  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

[[Page 9928]]

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 and was revised 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).

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The commenter stated 
that the exemption is a good idea but that it is a little bit too much 
power for the Federal government to intervene. They went on to state 
that because the driver's license is issued under State regulation that 
the Federal government should not intervene with these drivers. During 
the application process, it was determined that these applicants are 
interstate CMV drivers subject to the FMCSRs. Therefore, it is 
appropriate for FMCSA to determine their eligibility to receive a 
Federal hearing exemption.

IV. Conclusion

    Based upon its evaluation of the 34 renewal exemption applications 
and comment received, FMCSA announces its decision to exempt the 
following drivers from the hearing requirement in Sec.  391.41 (b)(11).
    As of December 26, 2019, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 34 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (84 FR 72117):

Mario Alvarado (CA)
Kasseth Andrews (MA)
Randy Bailey (NJ)
Ivan Batista (NJ)
Joseph Bence (OH)
Daryl A. Broker (MN)
Justin Brooks (WA)
Christa Butner (NC)
William Darnell (AZ)
Travis K. Davisson (IA)
Sean M. Dearsman (OH)
Mitchell R. Estill (MO)
Lucius Fowler (IL)
Buddy Gann (IN)
Teela Gilmore (GA)
John Grebenc (MN)
Clint Homom (IL)
Paul Hoover (PA)
Amy Ivins (NE)
Thomas Jensen (IA)
Charles J. Jernigan, Jr. (SC)
James M. Johnson (MN)
Wayne A. Kramas (WI)
Daniel Krytosek (MN)
Nicholas Kulasa (IL)
Aaron S. Leader (AZ)
John R. Martikainen (CT)
James E. Redmond (IL)
Dustin Sargent (TX)
Michael Singleton (TX)
Marshall Smith (TX)
Michael Swetnam (TX)
Courtney D. Turner (VA)
Edward J. Zozaya (AZ)

    The drivers were included in docket number FMCSA-2014-0385, FMCSA-
2014-0387, or FMCSA-2017-0058. Christa Butner was previously published 
under the name Christa Coppley. Their exemptions are applicable as of 
December 26, 2019, and will expire on December 26, 2021.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 years from the effective date 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(e) and 
31315(b).

    Issued on: February 11, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-03351 Filed 2-19-20; 8:45 am]
 BILLING CODE 4910-EX-P