Qualification of Drivers; Exemption Applications; Hearing, 9927-9928 [2020-03351]

Download as PDF lotter on DSKBCFDHB2PROD with NOTICES Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of California: Seismic and structural improvements to Saratoga Creek Bridge, located at Post Mile (PM) 4.85 along SR–9, west of the City of Saratoga, in Santa Clara County. The project proposes to construct a new bridge while maintaining much of the original outer structure. The purpose of the project is to maintain safe and stable connectivity on SR–9 between the City of Saratoga in Santa Clara County and the community of Felton in Santa Cruz County. The actions taken by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Assessment (FEA) and Finding of No Significant Impact (FONSI) for the project, approved on January 28, 2020, and in other documents in the Caltrans’ project records. The FEA, FONSI and other project records are available by contacting Caltrans at the address provided above. The Caltrans Final EIR/ EA and FONSI can be viewed and downloaded from the project website at https://dot.ca.gov/caltrans-near-me/ district-4/d4-projects/d4-santa-clarasr9-saratoga-creek-bridge, or viewed at the Saratoga Public Library or Saratoga City Hall. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]; Migratory Bird Treaty Act 16 U.S.C. 703–712]. 4. Wetlands and Water Resources: Clean Water Act (Section 404 and Section 401) [33 U.S.C. 1251–1377]; Safe Drinking water Act (SDWA) [42 U.S.C. 300(f)-300(j)(6)]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Historic Sites Act of 1935 [16 U.S.C. 461–467]. 6. Section 4(f): Department of Transportation Act of 1966 [49 U.S.C. 303]; Federal-Aid Highway Act of 1968 [23 U.S.C. 138]. 7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)2000(d)(1)]. 8. Health: Resource Conservation and Recovery Act [42 U.S.C. 6901 et seq.]; Comprehensive Environmental VerDate Sep<11>2014 19:48 Feb 19, 2020 Jkt 250001 Response, Compensation, and Liability Act [42 U.S.C. 9601 et seq.]; Atomic Energy Act [42 U.S.C. 2011–2259]; Toxic Substance Control Act [15 U.S.C. 2601–2629]; Community Environmental Response Facilitation Act; Occupational Safety and Health Act [29 U.S.C. 651]; Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136]. 9. Executive Orders: E.O. 12088 Federal Compliance with Pollution Control Standards; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; E.O. 13112 Invasive Species; E.O. 11988 Floodplain Management (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1) Tashia J. Clemons, Director, Planning and Environment, Federal Highway Administration, California Division. [FR Doc. 2020–03420 Filed 2–19–20; 8:45 am] BILLING CODE 4910–RY–P 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: 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 SUMMARY: PO 00000 Frm 00207 Fmt 4703 Sfmt 4703 9927 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 https://www.regulations.gov/ docket?D=FMCSA-2014-0385 or https:// www.regulations.gov/docket?D=FMCSA2014-0387 or https:// www.regulations.gov/docket?D=FMCSA2017-0058 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 § 391.41(b)(11). The physical qualification standard for drivers regarding hearing found in § 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 E:\FR\FM\20FEN1.SGM 20FEN1 9928 Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices 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. lotter on DSKBCFDHB2PROD with NOTICES 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 § 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) VerDate Sep<11>2014 19:48 Feb 19, 2020 Jkt 250001 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 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0107; FMCSA– 2013–0109; FMCSA–2017–0253] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for four individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce. SUMMARY: PO 00000 Frm 00208 Fmt 4703 Sfmt 4703 Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before March 23, 2020. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2013–0107, Docket No. FMCSA–2013–0109, or Docket No. FMCSA–2017–0253 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov/ docket?D=FMCSA-2013-0107 or https:// www.regulations.gov/docket?D=FMCSA2013-0109 or https:// www.regulations.gov/docket?D=FMCSA2017-0253. Follow the online instructions for submitting comments. • Mail: Docket Operations; 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., ET, Monday through Friday, except Federal Holidays. • Fax: (202) 493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. 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: DATES: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2013–0107; FMCSA–2013–0109; or FMCSA–2017– 0253), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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 E:\FR\FM\20FEN1.SGM 20FEN1

Agencies

[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.

-----------------------------------------------------------------------

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, [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., 
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 https://www.regulations.gov/docket?D=FMCSA-2014-0385 or https://www.regulations.gov/docket?D=FMCSA-2014-0387 or https://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
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