Qualification of Drivers; Exemption Applications; Hearing, 19575-19576 [2020-07282]

Download as PDF Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices exemption will be valid for two years unless revoked earlier by FMCSA. Michael Bunjer (MD) Marco Cisneros (CA) Keith Drown (ID) Edison Garcia (MD) David Garland (ME) James Gooch (MO) Joseph Piros (CA) Robert Quintero (IL) Ronald Rumsey (IA) Charles Wirick (MD). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–07286 Filed 4–6–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration The drivers were included in docket number FMCSA–2013–0124, FMCSA– 2013–0125, FMCSA–2013–0126, FMCSA–2014–0104, FMCSA–2015– 0327, FMCSA–2016–0003, FMCSA– 2017–0057, or FMCSA–2017–0058. Their exemptions are applicable as of March 27, 2020, and will expire on March 27, 2022. The exemptions are extended subject to the following conditions: (1) Each driver must report any crashes or accidents as defined in § 390.5; and (2) report all citations and convictions for disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and (3) each driver 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 not exempt the individual from meeting the applicable CDL testing requirements. Each exemption will be valid for 2 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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(b). VI. Preemption khammond on DSKJM1Z7X2PROD with NOTICES 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 13 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in § 391.41(b)(11). In accordance with 49 U.S.C. 31136(e) and 31315(b), each 18:22 Apr 06, 2020 Jkt 250001 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 12 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 January 14, 2020. The exemptions expire on January 14, 2022. 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: SUMMARY: V. Conditions and Requirements VerDate Sep<11>2014 [Docket No. FMCSA–2012–0154; FMCSA– 2012–0332; FMCSA–2013–0122; FMCSA– 2013–0123] 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 http://www.regulations.gov. Insert the docket number, FMCSA–2012–0154, FMCSA–2012–0332, FMCSA–2013– 0122, or FMCSA–2013–0123, in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button 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 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 19575 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 January 27, 2020, FMCSA published a notice announcing its decision to renew exemptions for 12 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 (85 FR 4758). The public comment period ended on February 26, 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 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 that was in support of the hearing exemptions. IV. Conclusion Based upon its evaluation of the 12 renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41(b)(11). E:\FR\FM\07APN1.SGM 07APN1 19576 Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices As of January 14, 2020, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 12 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (85 FR 4758): Geoffrey Canoyer (MN) Chase Cook (VA) Jerry Ferguson (TX) Douglas Gray (OR) Sue Gregory (UT) Buford Hudson (KY) William Larson (NC) Raymond Norris (TX) Jonathan Pitts (MD) James Queen (FL) James Schubin (CA) Morris Townsend (NC) The drivers were included in docket number FMCSA–2012–0154, FMCSA– 2012–0332, FMCSA–2013–0122, or FMCSA–2013–0123. Their exemptions are applicable as of January 14, 2020, and will expire on January 14, 2022. 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). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–07282 Filed 4–6–20; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5748; FMCSA– 2001–10578; FMCSA–2003–15268; FMCSA– 2003–15892; FMCSA–2005–20027; FMCSA– 2005–21711; FMCSA–2005–22194; FMCSA– 2005–22727; FMCSA–2006–26653; FMCSA– 2007–0017; FMCSA–2007–2663; FMCSA– 2007–27897; FMCSA–2007–28695; FMCSA– 2009–0154; FMCSA–2009–0303; FMCSA– 2011–0092; FMCSA–2011–0140; FMCSA– 2011–0275; FMCSA–2011–0325; FMCSA– 2011–26690; FMCSA–2013–0026; FMCSA– 2013–0027; FMCSA–2013–0028; FMCSA– 2013–0029; FMCSA–2013–0030; FMCSA– 2013–0165; FMCSA–2013–0166; FMCSA– 2013–0167; FMCSA–2013–0168; FMCSA– 2013–0170; FMCSA–2013–0174; FMCSA– 2015–0053; FMCSA–2015–0055; FMCSA– 2015–0056; FMCSA–2015–0070; FMCSA– 2015–0071; FMCSA–2015–0072; FMCSA– 2015–0345; FMCSA–2015–0347; FMCSA– 2017–0026; FMCSA–2017–0027] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 76 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates provided below. 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: SUMMARY: 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 http://www.regulations.gov. Insert the docket number, FMCSA–1999–5748; VerDate Sep<11>2014 18:22 Apr 06, 2020 Jkt 250001 PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 FMCSA–2001–10578; FMCSA–2003– 15268; FMCSA–2003–15892; FMCSA– 2005–20027; FMCSA–2005–21711; FMCSA–2005–22194; FMCSA–2005– 22727; FMCSA–2006–26653; FMCSA– 2007–0017; FMCSA–2007–2663; FMCSA–2007–27897; FMCSA–2007– 28695; FMCSA–2009–0154; FMCSA– 2009–0303; FMCSA–2011–0092; FMCSA–2011–0140; FMCSA–2011– 0275; FMCSA–2011–0325; FMCSA– 2011–26690; FMCSA–2013–0026; FMCSA–2013–0027; FMCSA–2013– 0028; FMCSA–2013–0029; FMCSA– 2013–0030; FMCSA–2013–0165; FMCSA–2013–0166; FMCSA–2013– 0167; FMCSA–2013–0168; FMCSA– 2013–0170; FMCSA–2013–0174; FMCSA–2015–0053; FMCSA–2015– 0055; FMCSA–2015–0056; FMCSA– 2015–0070; FMCSA–2015–0071; FMCSA–2015–0072; FMCSA–2015– 0345; FMCSA–2015–0347; FMCSA– 2017–0026; FMCSA–2017–0027, in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button 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.dot.gov/privacy. II. Background On January 27, 2020, FMCSA published a notice announcing its decision to renew exemptions for 76 individuals from the vision requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and requested comments from the public (85 FR 4769). The public comment period ended on February 27, 2020, and no comments were 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 the current regulation § 391.41(b)(10). The physical qualification standard for drivers regarding vision found in § 391.41(b)(10) states that a person is E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19575-19576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07282]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2012-0332; FMCSA-2013-0122; FMCSA-
2013-0123]


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 12 
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 January 14, 2020. The 
exemptions expire on January 14, 2022.

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 http://www.regulations.gov. 
Insert the docket number, FMCSA-2012-0154, FMCSA-2012-0332, FMCSA-2013-
0122, or FMCSA-2013-0123, in the keyword box, and click ``Search.'' 
Next, click the ``Open Docket Folder'' button 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 January 27, 2020, FMCSA published a notice announcing its 
decision to renew exemptions for 12 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 (85 FR 4758). The 
public comment period ended on February 26, 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 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 that was in support 
of the hearing exemptions.

IV. Conclusion

    Based upon its evaluation of the 12 renewal exemption applications, 
FMCSA announces its decision to exempt the following drivers from the 
hearing requirement in Sec.  391.41(b)(11).

[[Page 19576]]

    As of January 14, 2020, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 12 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (85 FR 4758):

Geoffrey Canoyer (MN)
Chase Cook (VA)
Jerry Ferguson (TX)
Douglas Gray (OR)
Sue Gregory (UT)
Buford Hudson (KY)
William Larson (NC)
Raymond Norris (TX)
Jonathan Pitts (MD)
James Queen (FL)
James Schubin (CA)
Morris Townsend (NC)

    The drivers were included in docket number FMCSA-2012-0154, FMCSA-
2012-0332, FMCSA-2013-0122, or FMCSA-2013-0123. Their exemptions are 
applicable as of January 14, 2020, and will expire on January 14, 2022.
    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).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-07282 Filed 4-6-20; 8:45 am]
BILLING CODE 4910-EX-P