Qualification of Drivers; Exemption Applications; Hearing, 26780-26781 [2020-09551]
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26780
Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0123; FMCSA–
2013–0124; FMCSA–2013–0125; FMCSA–
2016–0003; FMCSA–2017–0059]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
I. Public Participation
FMCSA announces its
decision to renew exemptions for seven
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 19, 2020. The exemptions
expire on May 19, 2022. Comments
must be received on or before June 4,
2020.
SUMMARY:
You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2012–0123, FMCSA–2013–
0124, FMCSA–2013–0125, FMCSA–
2016–0003, or FMCSA–2017–0059
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Send comments to 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: Bring comments to
Docket Operations, 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. To be sure someone is there
to help you, please call (202) 366–9317
or (202) 366–9826 before visiting Docket
Operations.
• 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,
khammond on DSKJM1Z7X2PROD with NOTICES
ADDRESSES:
VerDate Sep<11>2014
19:16 May 04, 2020
Jkt 250001
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:
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2012–0123,
FMCSA–2013–0124, FMCSA–2013–
0125, FMCSA–2016–0003, or FMCSA–
2017–0059), 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
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
https://www.regulations.gov, put the
docket number, FMCSA–2012–0123,
FMCSA–2013–0124, FMCSA–2013–
0125, FMCSA–2016–0003, or FMCSA–
2017–0059, in the keyword box, and
click ‘‘Search.’’ When the new screen
appears, click on the ‘‘Comment Now!’’
button and type your comment into the
text box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
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, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. 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. Insert the
docket number, FMCSA–2012–0123,
FMCSA–2013–0124, FMCSA–2013–
0125, FMCSA–2016–0003, or FMCSA–
2017–0059, in the keyword box, and
click ‘‘Search.’’ Next, click the ‘‘Open
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
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. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Docket Operations.
C. 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
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
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The physical qualification standard
for drivers regarding hearing found in
49 CFR 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).
The seven individuals listed in this
notice have requested renewal of their
exemptions from the hearing standard
in § 391.41(b)(11), in accordance with
FMCSA procedures. Accordingly,
E:\FR\FM\05MYN1.SGM
05MYN1
Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable 2-year period.
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
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(b), FMCSA
will take immediate steps to revoke the
exemption of a driver.
khammond on DSKJM1Z7X2PROD with NOTICES
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each of the seven
applicants has satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement. The
seven drivers in this notice remain in
good standing with the Agency. In
addition, for Commercial Driver’s
License (CDL) holders, the Commercial
Driver’s License Information System
and the Motor Carrier Management
Information System are searched for
crash and violation data. For non-CDL
holders, the Agency reviews the driving
records from the State Driver’s
Licensing Agency. These factors provide
an adequate basis for predicting each
driver’s ability to continue to safely
operate a CMV in interstate commerce.
Therefore, FMCSA concludes that
extending the exemption for each of
these drivers for a period of 2 years is
likely to achieve a level of safety equal
to that existing without the exemption.
As of May 19, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven
individuals have satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in the
FMCSRs for interstate CMV drivers:
Forrest Carroll (OH)
Bryan MacFarlane (OH)
Michael Murrah (GA)
Michael Paasch (NE)
Kelly Pulvermacher (WI)
Brian Walthall (KS)
Joshua Chad Weaver (GA)
The drivers were included in docket
number FMCSA–2012–0123, FMCSA–
2013–0124, FMCSA–2013–0125,
FMCSA–2016–0003, and FMCSA–2017–
0059. Their exemptions are applicable
as of May 19, 2020, and will expire on
May 19, 2022.
VerDate Sep<11>2014
19:16 May 04, 2020
Jkt 250001
V. Conditions and Requirements
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
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 seven
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
exemption will be valid for two years
unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–09551 Filed 5–4–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2020–0034]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on April 20, 2020, Ohio River
Scenic Railway (ORSR) petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
PO 00000
Frm 00126
Fmt 4703
Sfmt 4703
26781
240, Qualifications and Certification of
Locomotive Engineers. FRA assigned
the petition Docket Number FRA–2020–
0034.
Specifically, ORSR requests a waiver
from the requirements of 49 CFR
240.201(d), Implementation, which
states that a railroad can only permit
qualified locomotive engineers to
operate locomotives. ORSR seeks to
operate an ‘‘Engineer-for-an-Hour’’
charter program and offer non-certified
individuals the opportunity to operate a
diesel-electric locomotive under the
direct supervision of a certified and
qualified locomotive engineer. ORSR
states the waiver would affect only
persons who participate in the program
and restrictions would be placed on this
operation.
The waiver would cover operations
on a 2.6-mile segment of main track
between milepost (MP) 3.4 and MP 6.0.
There are no public grade crossings or
otherwise hazardous or unusual
conditions on this segment of track.
Through a series of license
agreements, ORSR will utilize the
majority of a 22-mile railroad line in
Southern Indiana, owned and operated
by the Perry County Port Authority
(PCPA) d/b/a Hoosier Southern Railroad
(HOS), to provide passenger excursion
railroad service across Perry and
Spencer Counties in Indiana. ORSR’s
normal excursion operations would
occur between MP 2.3 and MP 22.2 on
weekends, operating under yard limits
not exceeding 10 miles per hour. HOS
freight shipments only occur on the line
on weekdays, except for special
circumstances on the weekends. ORSR
schedules must always be coordinated
with and approved by the PCPA and
HOS to ensure that there are no
conflicting train movements.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
E:\FR\FM\05MYN1.SGM
05MYN1
Agencies
[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26780-26781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09551]
[[Page 26780]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0123; FMCSA-2013-0124; FMCSA-2013-0125; FMCSA-
2016-0003; FMCSA-2017-0059]
Qualification of Drivers; Exemption Applications; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for seven
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 19, 2020. The exemptions
expire on May 19, 2022. Comments must be received on or before June 4,
2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0123, FMCSA-2013-0124,
FMCSA-2013-0125, FMCSA-2016-0003, or FMCSA-2017-0059 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Send comments to 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: Bring comments to Docket Operations, 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. To be sure someone is there to help you, please call (202)
366-9317 or (202) 366-9826 before visiting Docket Operations.
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, [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. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2012-0123, FMCSA-2013-0124, FMCSA-2013-0125,
FMCSA-2016-0003, or FMCSA-2017-0059), 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 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 https://www.regulations.gov,
put the docket number, FMCSA-2012-0123, FMCSA-2013-0124, FMCSA-2013-
0125, FMCSA-2016-0003, or FMCSA-2017-0059, in the keyword box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box on the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ 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,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.
B. 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.
Insert the docket number, FMCSA-2012-0123, FMCSA-2013-0124, FMCSA-2013-
0125, FMCSA-2016-0003, or FMCSA-2017-0059, 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. To
be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Docket Operations.
C. 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
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 statute also allows the Agency to renew exemptions at
the end of the 5-year period. 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 physical qualification standard for drivers regarding hearing
found in 49 CFR 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).
The seven individuals listed in this notice have requested renewal
of their exemptions from the hearing standard in Sec. 391.41(b)(11),
in accordance with FMCSA procedures. Accordingly,
[[Page 26781]]
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable 2-year period.
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 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(b), FMCSA will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the
seven applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The seven drivers in this
notice remain in good standing with the Agency. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System and the Motor Carrier Management Information
System are searched for crash and violation data. For non-CDL holders,
the Agency reviews the driving records from the State Driver's
Licensing Agency. These factors provide an adequate basis for
predicting each driver's ability to continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each of these drivers for a period of 2 years is likely
to achieve a level of safety equal to that existing without the
exemption.
As of May 19, 2020, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Forrest Carroll (OH)
Bryan MacFarlane (OH)
Michael Murrah (GA)
Michael Paasch (NE)
Kelly Pulvermacher (WI)
Brian Walthall (KS)
Joshua Chad Weaver (GA)
The drivers were included in docket number FMCSA-2012-0123, FMCSA-
2013-0124, FMCSA-2013-0125, FMCSA-2016-0003, and FMCSA-2017-0059. Their
exemptions are applicable as of May 19, 2020, and will expire on May
19, 2022.
V. Conditions and Requirements
The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec. 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
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 seven exemption applications,
FMCSA renews the exemptions of the aforementioned drivers from the
hearing requirement in Sec. 391.41 (b)(11). In accordance with 49
U.S.C. 31136(e) and 31315(b), each exemption will be valid for two
years unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-09551 Filed 5-4-20; 8:45 am]
BILLING CODE 4910-EX-P