Qualification of Drivers; Exemption Applications; Hearing, 69384-69385 [2020-24184]

Download as PDF 69384 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices violations. Copies of the studies may be found at https://www.regulations.gov/ docket?D=FMCSA-1998-3637. FMCSA believes it can properly apply the principle to monocular drivers, because data from the Federal Highway Administration’s (FHWA) former waiver study program clearly demonstrated the driving performance of experienced monocular drivers in the program is better than that of all CMV drivers collectively.1 The fact that experienced monocular drivers demonstrated safe driving records in the waiver program supports a conclusion that other monocular drivers, meeting the same qualifying conditions as those required by the waiver program, are also likely to have adapted to their vision deficiency and will continue to operate safely. The first major research correlating past and future performance was done in England by Greenwood and Yule in 1920. Subsequent studies, building on that model, concluded that crash rates for the same individual exposed to certain risks for two different time periods vary only slightly (See Bates and Neyman, University of California Publications in Statistics, April 1952). Other studies demonstrated theories of predicting crash proneness from crash history coupled with other factors. These factors—such as age, sex, geographic location, mileage driven and conviction history—are used every day by insurance companies and motor vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, Donald C., ‘‘Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,’’ Journal of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used 3 consecutive years of data, comparing the experiences of drivers in the first 2 years with their experiences in the final year. jbell on DSKJLSW7X2PROD with NOTICES III. Qualifications of Applicants Wesley D. Enkers Mr. Enkers, 58, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/80. Following an examination in 2020, his optometrist stated, ‘‘In my medical opinion, he has 1A thorough discussion of this issue may be found in a FHWA final rule published in the Federal Register on March 26, 1996 and available on the internet at https://www.govinfo.gov/content/ pkg/FR-1996-03-26/pdf/96-7226.pdf. VerDate Sep<11>2014 20:55 Oct 30, 2020 Jkt 253001 sufficient vision to perform the driving tasks operate a commercial vehicle.’’ Mr. Enkers reported that he has driven straight trucks for 36 years, accumulating 162,000 miles. He holds an operator’s license from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Michael J. Jewell Mr. Jewell, 35, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20 and in his left eye, 20/350. Following an examination in 2020, his optometrist stated, ‘‘It is my medical opinion that Michael has sufficient vision to perform the driving tasks necessary to operate a commercial vehicle while he is wearing glasses or contact lenses.’’ Mr. Jewell reported that he has driven straight trucks for 8 years, accumulating 50,000 miles. He holds an operator’s license from Colorado. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Anthony G. Offutt Mr. Offutt, 63, has had optic neuropathy in his left eye since 2012. The visual acuity in his right eye is 20/ 20, and in his left eye, 20/400. Following an examination in 2020, his optometrist stated, ‘‘Although Mr. Offutt’s visual acuity is reduced due to NAION, I believe Mr. Offutt has the ability to operate a commercial vehicle.’’ Mr. Offutt reported that he has driven tractor-trailer combinations for 25 years, accumulating 1.1 million miles. He holds a Class A CDL from Oregon. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Joseph Sottile Mr. Sottile, 57, has chorioretinal scarring in his right eye due to trauma in childhood. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2020, his ophthalmologist stated, ‘‘It is my opinion patient has good vision and is capable of operating a commercial vehicle.’’ Mr. Sottile reported that he has driven straight trucks for 30 years, accumulating 405,600 miles. He holds an operator’s license from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Michael Westervelt Mr. Westervelt, 70, has a prosthetic right eye due to a traumatic incident in 2009. The visual acuity in his right eye is no light perception, and in his left PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 eye, 20/15. Following an examination in 2020, his optometrist stated, ‘‘It is my medical option that Mike Westervelt has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Westervelt reported that he has driven tractor-trailer combinations for 50 years, accumulating 6,300,000 miles. He holds a Class A CDL from Montana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments and material received before the close of business on the closing date indicated under the DATES section of the notice. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–24186 Filed 10–30–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0123; FMCSA– 2015–0326; FMCSA–2015–0328; FMCSA– 2015–0329; FMCSA–2017–0057; FMCSA– 2017–0059; FMCSA–2017–0060; FMCSA– 2017–0061] 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 18 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 August 22, 2020. The exemptions expire on August 22, 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, SUMMARY: E:\FR\FM\02NON1.SGM 02NON1 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices 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 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–2015–0326, FMCSA–2015– 0328, FMCSA–2015–0329, FMCSA– 2017–0057, FMCSA–2017–0059, FMCSA–2017–0060, or FMCSA–2017– 0061, 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 Dockets 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 Dockets 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. jbell on DSKJLSW7X2PROD with NOTICES II. Background On September 2, 2020, FMCSA published a notice announcing its decision to renew exemptions for 18 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 54626). The public comment period ended on October 2, 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 § 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 VerDate Sep<11>2014 21:41 Oct 30, 2020 Jkt 253001 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). 69385 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. 2020–24184 Filed 10–30–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY III. Discussion of Comments Office of Foreign Assets Control FMCSA received no comments in this proceeding. Notice of OFAC Sanctions Actions IV. Conclusion AGENCY: Based upon its evaluation of the 18 renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41 (b)(11). As of August 22, 2020, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 18 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (85 FR 54626): Mataio Brown (MS) Barry Carpenter (SD) Lyle Eash (VA) Clay Fitzpatrick (ID) Berenice Martinez (TX) Michael McCarthy (MN) Steven Moorehead (KY) Gary Nagel (MN) Christopher Poole (OH) Ricardo Porras-Payan (TX) James Quinn (TN) Willine Smith (GA) Brandon Soto (MO) Dennis Stotts (OH) Michael Tayman (ME) Carlos Torres (FL) Paul Wentworth (WA) Joseph Woodle (KY) The drivers were included in docket number FMCSA–2012–0123, FMCSA– 2015–0326, FMCSA–2015–0328, FMCSA–2015–0329, FMCSA–2017– 0057, FMCSA–2017–0059, FMCSA– 2017–0060, or FMCSA–2017–0061. Their exemptions were applicable as of August 22, 2020, and will expire on August 22, 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 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Office of Foreign Assets Control, Treasury. ACTION: Notice. The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. SUMMARY: See SUPPLEMENTARY INFORMATION section for effective date(s). DATES: FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490; Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855. SUPPLEMENTARY INFORMATION: Electronic Availability The Specially Designated Nationals and Blocked Persons List and additional information concerning OFAC sanctions programs are available on OFAC’s website (www.treasury.gov/ofac). Notice of OFAC Action(s) On October 22, 2020, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authorities listed below. E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69384-69385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24184]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0123; FMCSA-2015-0326; FMCSA-2015-0328; FMCSA-
2015-0329; FMCSA-2017-0057; FMCSA-2017-0059; FMCSA-2017-0060; FMCSA-
2017-0061]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 18 
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 August 22, 2020. The 
exemptions expire on August 22, 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,

[[Page 69385]]

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 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-2015-0326, FMCSA-2015-
0328, FMCSA-2015-0329, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2017-
0060, or FMCSA-2017-0061, 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 Dockets 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 
Dockets 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 September 2, 2020, FMCSA published a notice announcing its 
decision to renew exemptions for 18 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 54626). The 
public comment period ended on October 2, 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 18 renewal exemption applications, 
FMCSA announces its decision to exempt the following drivers from the 
hearing requirement in Sec.  391.41 (b)(11).
    As of August 22, 2020, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 18 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (85 FR 54626):

Mataio Brown (MS)
Barry Carpenter (SD)
Lyle Eash (VA)
Clay Fitzpatrick (ID)
Berenice Martinez (TX)
Michael McCarthy (MN)
Steven Moorehead (KY)
Gary Nagel (MN)
Christopher Poole (OH)
Ricardo Porras-Payan (TX)
James Quinn (TN)
Willine Smith (GA)
Brandon Soto (MO)
Dennis Stotts (OH)
Michael Tayman (ME)
Carlos Torres (FL)
Paul Wentworth (WA)
Joseph Woodle (KY)

    The drivers were included in docket number FMCSA-2012-0123, FMCSA-
2015-0326, FMCSA-2015-0328, FMCSA-2015-0329, FMCSA-2017-0057, FMCSA-
2017-0059, FMCSA-2017-0060, or FMCSA-2017-0061. Their exemptions were 
applicable as of August 22, 2020, and will expire on August 22, 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. 2020-24184 Filed 10-30-20; 8:45 am]
BILLING CODE 4910-EX-P