[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50593-50594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18137]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0121; FMCSA-2013-0123; FMCSA-2013-0124; FMCSA-
2013-0125; FMCSA-2014-0102; FMCSA-2014-0104]
Qualification of Drivers; Exemption Applications; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
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SUMMARY: FMCSA announces its decision to renew the exemptions for 20
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to operate CMVs
in interstate commerce.
DATES: This decision was effective March 4, 2016. Comments must be
received on or before August 31, 2016.
FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, Medical Programs Division, 202-366-4001,
[email protected], 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. Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to http://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.
II. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for up to 2 years 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
physical qualification standard for drivers regarding hearing found in
49 CFR 391.41(b)(11) states that a person is physically qualified to
driver 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) 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).
The 20 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in 49 CFR 391.41(b)(11), in
accordance with FMCSA procedures.
III. Request for Comments
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the
[[Page 50594]]
statutory level of safety should immediately notify FMCSA. The Agency
will evaluate any adverse evidence submitted and, if safety is being
compromised or if continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA
will take immediate steps to revoke the exemption of a driver. FMCSA
encourages you to participate by submitting comments and related
materials.
IV. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 20 applicants has satisfied the entry conditions for obtaining an
exemption from the hearing requirement (80 FR 18924; 80 FR 18926; 80 FR
22766; 80 FR 22768; 80 FR 60747). The Commercial Driver's License
Information System (CDLIS) and Motor Carrier Management Informatiom
System (MCMIS) are searched for crash and violation data. For non-CDL
holders, the Agency reviews the driving records from the State Driver's
Licensing Agency (SDLA). These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce.
V. Exemption Decision
The 20 drivers in this notice remain in good standing with the
Agency and have not exhibited any medical issues that would compromise
their ability to safely operate a CMV during the previous 2-year
exemption period. FMCSA has concluded that renewing the exemptions for
each of these applicants is likely to achieve a level of safety equal
to that existing without the exemption. Therefore, FMCSA has decided to
renew each exemption for a two-year period. They are:
Joshua Arango (FL), Michael Beebe (NJ), Andrew Deuschle (TX), David
Garland (ME), Daniel Grossinger (MD), Roman Landa (CA), Claire Mitcham
(TX), Quinton Murphy (WI), Michael Paasch (NE), Jeffrey Pagenkopf (MN),
Kelly Pulvermacher (WI), Alfredo Ramirez (TX), Fernando Ramirez-Savon
(NM), Julie Ramirez (TX), Ralph Reno (PA), Adalberto Rodriguez (NY),
Andrey Shevchenko (MN), William Symonds (IL), Hayden Teesdale (TX),
Joshua Weaver (GA).
VI. Conditions and Requirements
The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in 49
CFR 390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA.
In addition, the driver must also have a copy of the exemption when
driving, for presentation to a duly authorized Federal, State, or local
enforcement officials. The driver is prohibited from operating a
motorcoach or bus with passengers in interstate commerce. The exemption
does not exempt the individual from meeting the applicable CDL testing
requirements. Each exemption will be valid for two years unless
rescinded earlier by FMCSA. The exemption will be rescinded if: (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 before it was 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.
VII. Conclusion
Based upon its evaluation of the 20 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in 49 CFR 391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 31315, each exemption will be valid for 2 years unless
revoked earlier by FMCSA.
Issued on: July 22, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18137 Filed 7-29-16; 8:45 am]
BILLING CODE 4910-EX-P