Qualification of Drivers; Exemption Applications; Hearing, 39270-39271 [2020-14049]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 39270 Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices Mark Castleman (MN) Valentin S. Chernyy (NE) Cody W. Christian (OK) Lee A. DeHaan (SD) Eric C. Dettrey (NJ) David L. Dykes (FL) Shorty M. Ellis (NC) Robin S. England (GA) Juan Gallo-Gomez (CT) Gregory T. Garris (OK) Jerry L. Gray (AL) James R. Hammond (OH) Edward W. Hosier (MO) Michael J. Hoskins (KS) Nathan H. Jacobs (NM) Roger W. Kerns (IA) Christopher B. Liston (TN) Michael S. Maki (MN) Stanley B. Marshall (GA) Stephen R. Marshall (MS) Roberto C. Mendez (TX) Jack D. Miller (OH) John E. Nichols (PA) Andrew M. Nurnberg (GA) Juan C. Ramirez (OH) Joshua A. Rhynd (ME) Danny L. Rolfe (ME) Ryan R. Ross (SC) John Rueckert (SD) Mark A. Sanders (OK) Joseph W. Schmit (NE) Dale L. Schneider (IA) Larry W. Slinker (VA) Richard M. Smith (CO) James A. Spell (MD) Marvin S. Zimmerman (PA) The drivers were included in docket numbers FMCSA–1999–5578; FMCSA– 2001–11426; FMCSA–2003–15892; FMCSA–2003–16564; FMCSA–2007– 27897; FMCSA–2008–0021; FMCSA– 2009–0321; FMCSA–2011–0298; FMCSA–2011–0378; FMCSA–2013– 0029; FMCSA–2013–0165; FMCSA– 2013–0168; FMCSA–2013–0169; FMCSA–2013–0170; FMCSA–2013– 0174; FMCSA–2014–0002; FMCSA– 2014–0003; FMCSA–2014–0004; FMCSA–2015–0071; FMCSA–2015– 0072; FMCSA–2015–0348; FMCSA– 2015–0351; FMCSA–2016–0024; FMCSA–2016–0025; FMCSA–2016– 0027; and FMCSA–2017–0028. Their exemptions are applicable as of June 2, 2020, and will expire on June 2, 2022. As of June 3, 2020, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (69 FR 17263; 69 FR 31447; 71 FR 4194; 71 FR 13450; 71 FR 27033; 73 FR 9158; 73 FR 28186; 74 FR 60022; 75 FR 4623; 75 FR 9484; 75 FR 14656; 75 FR 27623; 75 FR 28682; 77 FR 10606; 77 FR 15184; 77 FR 17107; 77 FR 17109; 77 FR 27845; 77 FR 27849; VerDate Sep<11>2014 18:18 Jun 29, 2020 Jkt 250001 77 FR 27850; 77 FR 29447; 79 FR 14328; 79 FR 14571; 79 FR 18391; 79 FR 21996; 79 FR 27043; 79 FR 28588; 81 FR 28138; 83 FR 28332): Ernie E. Black (NC) Marland L. Brassfield (TX) Melvin D. Clark (GA) Rojelio Garcia-Pena (MI) Stephen H. Goldcamp (OH) Wai F. King (IL) Travis J. Luce (MI) Jason T. Montoya (NM) Carl D. Short (MO) The drivers were included in docket numbers FMCSA–2004–17195; FMCSA–2005–23099; FMCSA–2009– 0303; FMCSA–2010–0050; FMCSA– 2011–0379; FMCSA–2011–0380; and FMCSA–2014–0003. Their exemptions are applicable as of June 3, 2020, and will expire on June 3, 2022. As of June 6, 2020, and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (77 FR 23799; 77 FR 33558; 79 FR 27365; 81 FR 28138; 83 FR 28332): Richard Doroba (IL) The driver was included in docket number FMCSA–2012–0040. The exemption is applicable as of June 6, 2020, and will expire on June 6, 2022. As of June 27, 2020, and in accordance with 49 U.S.C. 31136(e) and 31315, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (77 FR 27847; 77 FR 38386; 79 FR 29495; 81 FR 28138; 83 FR 28332): Matthew G. Epps (FL) and James E. Sikkink (IL) The drivers were included in docket number FMCSA–2012–0104. Their exemptions are applicable as of June 27, 2020, and will expire on June 27, 2022. As of June 29, 2020, and in accordance with 49 U.S.C. 31136(e) and 31315, the following six individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (83 FR 24585; 83 FR 34677): Joseph W. Davis (NC) Thomas R. Krentz (MN) Phil M. Lamp (WV) Jeffery S. Lathrop (NC) James B. Powell (IL) Zebrial C. Stahmer (MT) The drivers were included in docket number FMCSA–2018–0011. Their exemptions are applicable as of June 29, 2020, and will expire on June 29, 2022. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 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. 2020–14045 Filed 6–29–20; 8:45 am] BILLING CODE 4910–EX–P 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), Transportation (DOT). ACTION: Notice of final disposition. AGENCY: 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. 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 E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices 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. 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. khammond on DSKJM1Z7X2PROD with NOTICES II. Background On May 5, 2020, FMCSA published a notice announcing its decision to renew exemptions for seven 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 26780). The public comment period ended on June 4, 2020, and no comments were received. VerDate Sep<11>2014 18:18 Jun 29, 2020 Jkt 250001 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 no comments in this proceeding. IV. Conclusion Based upon its evaluation of the seven renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41(b)(11). In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in PO 00000 Frm 00112 Fmt 4703 Sfmt 9990 39271 the month of May and are discussed below: 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 (85 FR 26780): 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. 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. 2020–14049 Filed 6–29–20; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Notices]
[Pages 39270-39271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14049]


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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), 
Transportation (DOT).

ACTION: Notice of final disposition.

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

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.

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

[[Page 39271]]

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.

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 May 5, 2020, FMCSA published a notice announcing its decision to 
renew exemptions for seven 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 26780). The public comment period ended 
on June 4, 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 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 no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the seven renewal exemption 
applications, FMCSA announces its decision to exempt the following 
drivers from the hearing requirement in Sec.  391.41(b)(11).
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of May and 
are discussed below:
    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 (85 FR 26780):

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.
    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. 2020-14049 Filed 6-29-20; 8:45 am]
BILLING CODE 4910-EX-P

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