[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22768-22769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09458]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0102]
Qualification of Drivers; Application for Exemptions; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
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, 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,
[email protected], 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 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
[[Page 22769]]
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
C. Comments
On May 22, 2014, FMCSA published a notice of receipt of exemption
applications and requested public comment on 17 individuals. The
comment period ended on June 23, 2014. In response to the notice, FMCSA
received one comment from Ted Lapatka who said that the rule should be
followed for the safety of everyone.
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
physically qualified 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:
Donald Clupper
Mr. Clupper, 44, holds an operator's license in Delaware.
Andrew Deuschle
Mr. Deuschle, 45, holds an operator's license in Texas.
James Dignan
Mr. Dignan, 25, holds an operator's license in Illinois.
Timothy P. Gallagher
Mr. Gallagher, 52, holds an operator's license in Pennsylvania.
Joseph T. Kelly
Mr. Kelly, 28, holds an operator's license in Pennsylvania.
Timothy Laporte
Mr. Laporte, 27, holds an operator's license in Georgia.
James R. Lorshbaugh
Mr. Lorshbaugh, 44, holds an operator's license in Mississippi.
Douglas Mader
Mr. Mader, 46, holds an operator's license in Illinois.
Jose A. Martinez
Mr. Martinez, 52, holds a Class B commercial driver's license (CDL)
in Texas.
Robert M. Mullens
Mr. Mullens, 34, holds a Class A commercial driver's license (CDL)
in New Jersey.
Tim S. Oyler
Mr. Oyler, 47, holds a Class B commercial driver's license (CDL) in
Utah.
Alfredo S. Ramirez
Mr. Ramirez, 44, holds a Class B commercial driver's license (CDL)
in Texas.
Julie M. Ramirez
Ms. Ramirez, 43, holds an operator's license in Texas.
Tracy D. Robinson
Mr. Robinson, 49, holds an operator's license in California.
Linda L. Schmidt
Ms. Schmidt, 50, holds a Class A commercial driver's license (CDL)
in Texas.
Kirk A. Soneson
Mr. Soneson, 49, holds an operator's license in Ohio.
Hayden A. Teesdale
Mr. Teesdale, 40, 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.
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 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: Donald Clupper
(DE); Andrew Deuschle (TX); James Dignan (IL); Timothy P. Gallagher
(PA); Joseph T. Kelly (PA); Timothy Laporte (GA); James R. Lorshbaugh
(MS); Douglas Mader (IL); Jose A. Martinez (TX); Robert M. Mullens
(NJ); Tim S. Oyler (UT); Alfredo S. Ramirez (TX); Julie M. Ramirez
(TX); Tracy D. Robinson (CA); Linda L. Schmidt (TX); Kirk A. Soneson
(OH); and Hayden A. Teesdale (AL).
Issued on: April 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-09458 Filed 4-22-15; 8:45 am]
BILLING CODE 4910-EX-P