45750 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 

range of 6 to 39 years. Although each 

applicant has one eye which does not 

meet the vision requirement in 49 CFR 

391.41(b)(10), each has at least 20/40 

corrected vision in the other eye, and in 

a doctor’s opinion, has sufficient vision 

to perform all the tasks necessary to 

operate a CMV. 

Doctors’ opinions are supported by 

the applicants’ possession of a valid 

license to operate a CMV. By meeting 

State licensing requirements, the 

applicants demonstrated their ability to 

operate a CMV, with their limited vision 

in intrastate commerce, even though 

their vision disqualified them from 

driving in interstate commerce. We 

believe that the applicants’ intrastate 

driving experience and history provide 

an adequate basis for predicting their 

ability to drive safely in interstate 

commerce. Intrastate driving, like 

interstate operations, involves 

substantial driving on highways on the 

interstate system and on other roads 

built to interstate standards. Moreover, 

driving in congested urban areas 

exposes the driver to more pedestrian 

and vehicular traffic than exists on 

interstate highways. Faster reaction to 

traffic and traffic signals is generally 

required because distances between 

them are more compact. These 

conditions tax visual capacity and 

driver response just as intensely as 

interstate driving conditions. 

The applicants in this notice have 

driven CMVs with their limited vision 

in careers ranging for 3 to 80 years. In 

the past three years, two drivers were 

involved in crashes, and no drivers were 

convicted of moving violations in 

CMVs. All the applicants achieved a 

record of safety while driving with their 

vision impairment, demonstrating the 

likelihood that they have adapted their 

driving skills to accommodate their 

condition. As the applicants’ ample 

driving histories with their vision 

deficiencies are good predictors of 

future performance, FMCSA concludes 

their ability to drive safely can be 

projected into the future. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the vision requirement in 49 CFR 

391.41(b)(10) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must be physically examined 

every year (a) by an ophthalmologist or 

optometrist who attests that the vision 

in the better eye continues to meet the 

standard in 49 CFR 391.41(b)(10) and (b) 

by a certified Medical Examiner who 

attests that the individual is otherwise 

physically qualified under 49 CFR 

391.41; (2) each driver must provide a 

copy of the ophthalmologist’s or 

optometrist’s report to the Medical 

Examiner at the time of the annual 

medical examination; and (3) each 

driver must provide a copy of the 

annual medical certification to the 

employer for retention in the driver’s 

qualification file, or keep a copy in his/ 

her driver’s qualification file if he/she is 

self-employed. The driver must also 

have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the 12 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Mark F. Besco (IA) 

William T. Cummins (KY) 

Aaron L. Fox (OH) 

Ryan N. Goyne (AR) 

Eric M. Kohrs (IL) 

Michael P. Mazza (WA) 

James L. Okonek (WI) 

Jeffrey S. Rockhill (KS) 

Travis D. Summerville (IL) 

Lora D. Swindall (AL) 

Francis J. Toth (PA) 

Joseph A. Zaccaro (AL) 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each exemption will be valid 

for two 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 and 

31315. 

Issued on: August 30, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–19579 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0017] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 12 individuals for an 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. If granted, the 

exemptions will enable these 

individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

DATES: Comments must be received on 

or before October 10, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2018–0017 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., e.t., 

Monday through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time 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. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45751 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

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 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the FMCSRs for a five-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 five-year period. FMCSA grants 

exemptions from the FMCSRs for a twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The 12 individuals listed in this 

notice have requested an exemption 

from the vision requirement in 49 CFR 

391.41(b)(10). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

an exemption will achieve the required 

level of safety mandated by statute. 

The physical qualification standard 

for drivers regarding vision found in 49 

CFR 391.41(b)(10) states that a person is 

physically qualified to drive a CMV if 

that person has distant visual acuity of 

at least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of at 

least 20/40 (Snellen) in both eyes with 

or without corrective lenses, field of 

vision of at least 70° in the horizontal 

Meridian in each eye, and the ability to 

recognize the colors of traffic signals 

and devices showing standard red, 

green, and amber. 

In July 1992, the Agency first 

published the criteria for the Vision 

Waiver Program, which listed the 

conditions and reporting standards that 

CMV drivers approved for participation 

would need to meet (Qualification of 

Drivers; Vision Waivers, 57 FR 31458, 

July 16, 1992). The current Vision 

Exemption Program was established in 

1998, following the enactment of 

amendments to the statutes governing 

exemptions made by § 4007 of the 

Transportation Equity Act for the 21st 

Century (TEA–21), Public Law 105–178, 

112 Stat. 107, 401 (June 9, 1998). Vision 

exemptions are considered under the 

procedures established in 49 CFR part 

381 subpart C, on a case-by-case basis 

upon application by CMV drivers who 

do not meet the vision standards of 49 

CFR 391.41(b)(10). 

To qualify for an exemption from the 

vision requirement, FMCSA requires a 

person to present verifiable evidence 

that he/she has driven a commercial 

vehicle safely with the vision deficiency 

for the past three years. Recent driving 

performance is especially important in 

evaluating future safety, according to 

several research studies designed to 

correlate past and future driving 

performance. Results of these studies 

support the principle that the best 

predictor of future performance by a 

driver is his/her past record of crashes 

and traffic violations. Copies of the 

studies may be found at Docket Number 

FMCSA–1998–3637. 

FMCSA believes it can properly apply 

the principle to monocular drivers, 

because data from the Federal Highway 

Administration’s (FHWA) former waiver 

study program clearly demonstrated the 

driving performance of experienced 

monocular drivers in the program is 

better than that of all CMV drivers 

collectively (See 61 FR 13338, 13345, 

March 26, 1996). The fact that 

experienced monocular drivers 

demonstrated safe driving records in the 

waiver program supports a conclusion 

that other monocular drivers, meeting 

the same qualifying conditions as those 

required by the waiver program, are also 

likely to have adapted to their vision 

deficiency and will continue to operate 

safely. 

The first major research correlating 

past and future performance was done 

in England by Greenwood and Yule in 

1920. Subsequent studies, building on 

that model, concluded that crash rates 

for the same individual exposed to 

certain risks for two different time 

periods vary only slightly (See Bates 

and Neyman, University of California 

Publications in Statistics, April 1952). 

Other studies demonstrated theories of 

predicting crash proneness from crash 

history coupled with other factors. 

These factors—such as age, sex, 

geographic location, mileage driven and 

conviction history—are used every day 

by insurance companies and motor 

vehicle bureaus to predict the 

probability of an individual 

experiencing future crashes (See Weber, 

Donald C., ‘‘Accident Rate Potential: An 

Application of Multiple Regression 

Analysis of a Poisson Process,’’ Journal 

of American Statistical Association, 

June 1971). A 1964 California Driver 

Record Study prepared by the California 

Department of Motor Vehicles 

concluded that the best overall crash 

predictor for both concurrent and 

nonconcurrent events is the number of 

single convictions. This study used 

three consecutive years of data, 

comparing the experiences of drivers in 

the first two years with their 

experiences in the final year. 

II. Qualifications of Applicants 

John A. Edison 

Mr. Edison, 66, has had a macular 

scar in his left eye since 2001. The 

visual acuity in his right eye is 20/20, 

and in his left eye, 20/80. Following an 

examination in 2018, his optometrist 

stated, ‘‘With both eyes working 

together, Mr. Edison has sufficient 

vision to operate and drive a 

commercial vehicle.’’ Mr. Edison 

reported that he has driven straight 

trucks for 50 years, accumulating 

600,000 miles, and tractor-trailer 

combinations for 20 years, accumulating 

1.92 million miles. He holds a Class A 

CDL from Georgia. His driving record 

for the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Rodney P. Hains 

Mr. Hains, 58, has had a retinal 

detachment in his left eye since 2003. 

The visual acuity in his right eye is 20/ 

15, and in his left eye, no light 

perception. Following an examination 

in 2018, his optometrist stated, ‘‘Based 

on that history and experience it would 

appear to me that he has sufficient 

visual capability to safely operate a 

commercial vehicle.’’ Mr. Hains 

reported that he has driven straight 

trucks for five years, accumulating 5,000 

miles, and tractor-trailer combinations 

for 20 years, accumulating 1.4 million 

miles. He holds a Class A CDL from 

North Dakota. His driving record for the 

last three years shows no crashes and no 


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45752 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 

convictions for moving violations in a 

CMV. 

Darryl D. Kelley 

Mr. Kelley, 46, has had a macular hole 

in his right eye since childhood. The 

visual acuity in his right eye is 20/100, 

and in his left eye, 20/25. Following an 

examination in 2018, his optometrist 

stated, ‘‘My medical opinion is that he 

has sufficient vision to perform all 

driving tasks for a commercial vehicle.’’ 

Mr. Kelley reported that he has driven 

buses for 23 years, accumulating 1.42 

million miles. He holds a Class B CDL 

from Texas. His driving record for the 

last three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Thomas J. Knapp 

Mr. Knapp, 58, has had amblyopia in 

his left eye since birth. The visual acuity 

in his right eye is 20/15, and in his left 

eye, 20/150. Following an examination 

in 2018, his optometrist stated, ‘‘It is my 

professional opinion that Mr [sic] 

Knapp has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Knapp 

reported that he has driven buses for 

three years, accumulating 60,000 miles. 

He holds a Class A CDL from 

Washington. His driving record for the 

last three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Darrell D. Kropf 

Mr. Kropf, 43, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/400. Following an 

examination in 2018, his 

ophthalmologist stated, ‘‘In my opinion 

the patient has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Kropf reported that he has driven 

tractor-trailer combinations for 21 years, 

accumulating 945,000 miles. He holds a 

Class A CDL from California. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Nathanael Lee 

Mr. Lee, 22, has had amblyopia in his 

left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/400. Following an 

examination in 2018, his 

ophthalmologist stated, ‘‘In my opinion 

he does have sufficient vision and is 

well adapted to his vision in order to 

operate a commercial vehicle for driving 

tasks.’’ Mr. Lee reported that he has 

driven straight trucks for two years, 

accumulating 9,000 miles, and tractortrailer combinations for three years, 

accumulating 75,000 miles. He holds a 

Class A CDL from Minnesota. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

John G. Mudd 

Mr. Mudd, 53, had his left eye 

enucleated due to a traumatic incident 

in 2015. The visual acuity in his right 

eye is 20/20, and in his left eye, no light 

perception. Following an examination 

in 2018, his optometrist stated, ‘‘Mr. 

Mudd has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Mudd 

reported that he has driven straight 

trucks for five years, accumulating 

50,000 miles, and tractor-trailer 

combinations for five years, 

accumulating 75,000 miles. He holds a 

Class DA CDL from Kentucky. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Jeffrey Ridenhour 

Mr. Ridenhour, 48, has a macular scar 

in his right eye due to a traumatic 

incident in 1998. The visual acuity in 

his right eye is 20/80, and in his left eye, 

20/20. Following an examination in 

2018, his optometrist stated, ‘‘In my 

medical opinion, Mr. Ridenhour has 

sufficient enough vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Ridenhour 

reported that he has driven tractortrailer combinations for four years, 

accumulating 32,000 miles. He holds a 

Class A CDL from Arkansas. His driving 

record for the last three years shows no 

crashes and no convictions for moving 

violations in a CMV. 

John R. Russ II 

Mr. Russ, 71, has a prosthetic left eye 

due to a traumatic incident in 2010. The 

visual acuity in his right eye is no light 

perception, and in his left eye, 20/20. 

Following an examination in 2018, his 

ophthalmologist stated, ‘‘In my opinion, 

his vision in the left eye is sufficient to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. Russ 

reported that he has driven straight 

trucks for 45 years, accumulating 

675,000 miles, and tractor-trailer 

combinations for 35 years, accumulating 

350,000 miles. He holds a Class A CDL 

from North Carolina. His driving record 

for the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Gary A. Ulitsch 

Mr. Ulitsch, 64, has had amblyopia in 

his left eye since birth. The visual acuity 

in his right eye is 20/25, and in his left 

eye, 20/160. Following an examination 

in 2018, his optometrist stated, ‘‘In my 

medical opinion, he has vision 

sufficient [sic] to operate a commercial 

vehicle.’’ Mr. Ulitsch reported that he 

has driven straight trucks for 46 years, 

accumulating 460,000 miles. He holds 

an operator’s license from Connecticut. 

His driving record for the last three 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Casey O. Wootan 

Mr. Wootan, 48, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/15, and in 

his left eye, 20/200. Following an 

examination in 2018, his optometrist 

stated, ‘‘In my medical opinion, Casey 

Wootan has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Wootan 

reported that he has driven straight 

trucks for 20 years, accumulating 

100,000 miles, and tractor-trailer 

combinations for 15 years, accumulating 

600,000 miles. He holds a Class A CDL 

from Montana. His driving record for 

the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

James C. Wright 

Mr. Wright, 42, has a retinal scar in 

his right eye due to a traumatic incident 

in 2008. The visual acuity in his right 

eye is 20/200, and in his left eye, 20/20. 

Following an examination in 2018, his 

optometrist stated, ‘‘Mr. Wright’s 

condition is stable and I feel he should 

be able to operate a commercial vehicle 

safely without correction.’’ Mr. Wright 

reported that he has driven straight 

trucks for ten years, accumulating 

50,000 miles. He holds a Class B CDL 

from Minnesota. His driving record for 

the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

III. Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments and material received before 

the close of business on the closing date 

indicated in the dates section of the 

notice. 

IV. Submitting Comments 

You may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45753 

address, an email address, or a phone 

number in the body of your document 

so that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov and in the 

search box insert the docket number 

FMCSA–2018–0017 and click the search 

button. When the new screen appears, 

click on the blue ‘‘Comment Now!’’ 

button on the right hand side of the 

page. On the new page, enter 

information required including the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed postcard or envelope. 

We will consider all comments and 

materials received during the comment 

period. FMCSA may issue a final 

determination at any time after the close 

of the comment period. 

V. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble, 

go to http://www.regulations.gov and in 

the search box insert the docket number 

FMCSA–2018–0017 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: August 30, 2018 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–19581 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2015–0328] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 3 

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 May 18, 2018. The exemptions 

expire on May 18, 2020. 

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., e.t., 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

II. Background 

On June 18, 2018, FMCSA published 

a notice announcing its decision to 

renew exemptions for 3 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 (83 FR 

28319). The public comment period 

ended on July 18, 2018, and no 

comments were received. 

As stated in the previous notice, 

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 the current 

regulation 49 CFR 391.41(b)(11). 

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). 

III. Discussion of Comments 

FMCSA received no comments in this 

preceding. 

Conclusion 

Based upon its evaluation of the 3 

renewal exemption applications, 

FMCSA announces its’ decision to 

exempt the following drivers from the 

hearing requirement in 49 CFR 391.41 

(b)(11): 

As of May 18, and in accordance with 

49 U.S.C. 31136(e) and 31315, the 

following 3 individuals have satisfied 

the renewal conditions for obtaining an 

exemption from the hearing requirement 

in the FMCSRs for interstate CMV 

drivers (83 FR 28319). 

Tom Buretz, (FL); James Dalrymple, 

(AZ); and Derron Washington, (IL). 

The drivers were included in docket 

number FMCSA–2015–0328. Their 

exemptions are applicable as of May 18, 

2018, and will expire on May18, 2020. 

In accordance with 49 U.S.C. 31315, 

each exemption will be valid for two 

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 and 

31315. 

Issued on: August 30, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–19575 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–EX–P 


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