[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75638-75640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20930]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0012]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 10 individuals from the 
hearing requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate 
commerce. The exemptions enable these hard of hearing and deaf 
individuals to operate CMVs in interstate commerce.

DATES: The exemptions were applicable August 13, 2024. The exemptions 
expire August 13, 2026.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#9cfaf1ffeffdf1f9f8f5fffdf0dcf8f3e8b2fbf3ea"><span class="__cf_email__" data-cfemail="d9bfb4baaab8b4bcbdb0bab8b599bdb6adf7beb6af">[email protected]</span></a>. 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 Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket

[[Page 75639]]

number (FMCSA-2024-0012) in the keyword box and click ``Search.'' Next, 
sort the results by ``Posted (Older--Newer),'' choose the first notice 
listed, and click ``Browse Comments.'' If you do not have access to the 
internet, you may view the docket online by visiting Dockets Operations 
in on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption requests. 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 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter.

II. Background

    On July 9, 2024, FMCSA published a notice announcing receipt of 
applications from 10 individuals requesting an exemption from the 
hearing requirement in 49 CFR 391.41(b)(11) to operate a CMV in 
interstate commerce and requested comments from the public (89 FR 
54672). The public comment period ended on August 8, 2024, and three 
comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these individuals would likely 
achieve a level of safety that is 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 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 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), 
respectively).

III. Discussion of Comments

    FMCSA received three comments in this proceeding. Two of the 
commenters stated that they support FMCSA in granting exemptions for 
individuals who are hard of hearing and deaf. However, one of these two 
commenters also stated that they do not believe drivers who hold the 
exemption should have to renew the hearing exemption after a monitoring 
period, if the driver abides by the standard rules, regulations, and 
wears their appropriate hearing aids. The third commenter disagrees 
with FMCSA's decision to grant the exemptions indicating that it is 
safety risk to not be able to hear and operate a CMV.
    In response to these comments, the Agency acknowledges the concerns 
regarding the requirement for an exemption holder to renew their 
exemption every two years. However, the Federal hearing exemption may 
be granted not only to individuals who are hard of hearing utilizing 
hearing aids but also individuals who are deaf and may not use hearing 
aids. Although under 49 U.S.C. 31136(e) and 31315(b), FMCSA is able to 
grant a medical exemption for no longer than a 5-year-period, they 
Agency grants medical exemptions for a 2-year period to be aligned with 
the maximum duration of a driver's medical certification. In addition, 
FMCSA found that the drivers granted hearing exemptions have 
demonstrated that they do not pose a risk to public safety based on an 
individual assessment of each applicant's prior experience operating 
motor vehicles on public roads. The Agency considered applicants prior 
driving experience as a factor in determining whether an equal or 
greater level of safety would likely be achieved by permitting them to 
drive in interstate commerce.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the FMCSRs for no longer than a 5-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 statutes also allow the Agency to renew exemptions at 
the end of the 5-year period. However, FMCSA grants medical exemptions 
from the FMCSRs for a 2-year period to align with the maximum duration 
of a driver's medical certification.
    The Agency's decision regarding these exemption applications is 
based on relevant scientific information and literature, and the 2008 
Evidence Report, ``Executive Summary on Hearing, Vestibular Function 
and Commercial Motor Driving Safety.'' 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's 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 Commercial 
Driver's License Information System, for commercial driver's license 
(CDL) holders, and inspections recorded in the Motor Carrier Management 
Information System. For non-CDL holders, the Agency reviewed the 
driving records from the State Driver's Licensing Agency. Each 
applicant's record demonstrated a safe driving history. Based on an 
individual assessment of each applicant that focused on whether an 
equal or greater level of safety would likely be achieved by permitting 
each of these drivers to drive in interstate commerce, the Agency finds 
the drivers granted this exemption have demonstrated that they do not 
pose a risk to public safety.
    Consequently, FMCSA finds further that in each case exempting these 
applicants from the hearing standard in Sec.  391.41(b)(11) would 
likely achieve a level of safety equal to that existing without the 
exemption, consistent with the applicable standard in 49 U.S.C. 
31315(b)(1).

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and include the following: (1) 
each driver must report any crashes or accidents as defined in Sec.  
390.5T; (2) each driver must report all citations and convictions for 
disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3) 
each driver is prohibited from operating a motorcoach or bus with 
passengers in interstate commerce. The driver must also have a copy of 
the exemption when driving, for presentation to a duly authorized 
Federal, State, or local enforcement official. In addition, the 
exemption does

[[Page 75640]]

not exempt the individual from meeting the applicable CDL testing 
requirements.

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 10 exemption applications, FMCSA 
exempts the following drivers from the hearing standard; in Sec.  
391.41(b)(11), subject to the requirements cited above:

Carl Afroilan (MD)
Kevin Camper (IN)
Anthony Cline (OH)
Dwain Coppernoll (OR)
Adrian Crutchfield (MO)
Jonathan Hornberger (MI)
Scott Prewara (MN)
Gregory Rosa (NY)
Barney Toussaint (GA)
Terrell Williams (OH)

    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, 49 
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-20930 Filed 9-13-24; 8:45 am]
BILLING CODE 4910-EX-P


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