Qualification of Drivers; Exemption Applications; Hearing, 73591-73593 [2020-25357]
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Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Notices
whether to extend particular exclusions
granted in July 2019 for up to 12
months. In July 2020, the U.S. Trade
Representative determined to extend
certain exclusions through December
31, 2020. This notice announces the
U.S. Trade Representative’s
determination to make one technical
amendment to a previously extended
exclusion.
DATES: The amendment announced in
this notice applies as of July 31, 2020,
and continues through December 31,
2020. This notice does not further
extend the period for product exclusion
extensions. U.S. Customs and Border
Protection will issue instructions on
entry guidance and implementation.
FOR FURTHER INFORMATION CONTACT: For
general questions about this notice,
contact Associate General Counsel
Philip Butler or Director of Industrial
Goods Justin Hoffmann at (202) 395–
5725. For specific questions on customs
classification or implementation of the
product exclusions identified in the
Annex to this notice, contact
traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
out the process for product exclusions,
and opened a public docket. See 83 FR
47236 (the September 18 notice).
In July 2019, the U.S. Trade
Representative granted an initial set of
exclusion requests. See 84 FR 37381.
The U.S. Trade Representative granted
additional exclusions in September and
October 2019, and February and July
2020. See 84 FR 49600; 84 FR 52553; 85
FR 10808; 85 FR 43291.
On April 30, 2020, the U.S. Trade
Representative invited the public to
comment on whether to extend by up to
12 months, particular exclusions
granted under the $16 billion action.
See 85 FR 24076 (April 30, 2020). On
July 30, 2020, the U.S. Trade
Representative announced a
determination to extend certain
previously granted exclusions. See 85
FR 45949 (July 30, 2020).
A. Background
For background on the proceedings in
this investigation, please see prior
notices including: 82 FR 40213 (August
24, 2017), 83 FR 14906 (April 6, 2018),
83 FR 28710 (June 20, 2018), 83 FR
33608 (July 17, 2018), 83 FR 38760
(August 7, 2018), 83 FR 40823 (August
16, 2018), 83 FR 47236 (September 18,
2018), 83 FR 47974 (September 21,
2018), 83 FR 65198 (December 19,
2018), 84 FR 7966 (March 5, 2019), 84
FR 20459 (May 9, 2019), 84 FR 29576
(June 24, 2019), 84 FR 37381 (July 31,
2019), 84 FR 49600 (September 20,
2019), 84 FR 52553 (October 2, 2019), 84
FR 69011 (December 17, 2019), 85 FR
10808 (February 25, 2020), 85 FR 28691
(May 13, 2020), 85 FR 43291 (July 16,
2020), and 85 FR 49414 (August 13,
2020).
Effective August 23, 2018, the U.S.
Trade Representative imposed
additional 25 percent duties on goods of
China classified in 279 eight-digit
subheadings of the Harmonized Tariff
Schedule of the United States (HTSUS),
with an approximate annual trade value
of $16 billion. See 83 FR 40823. The
U.S. Trade Representative’s
determination included a decision to
establish a process by which U.S.
stakeholders could request exclusion of
particular products classified within an
eight-digit HTSUS subheading covered
by the $16 billion action from the
additional duties. The U.S. Trade
Representative issued a notice setting
Annex
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B. Technical Amendment to Exclusion
The Annex makes one technical
amendment to U.S. note 20(ggg)(4) to
subchapter III of chapter 99 of the
HTSUS, as set out in the Annex of the
notice published at 85 FR 45949 (July
30, 2020).
Effective with respect to goods
entered for consumption, or withdrawn
from warehouse for consumption, on or
after 12:01 a.m. eastern daylight time on
July 31, 2020, and through December 31,
2020, U.S. note 20(ggg)(4) to subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States
(HTSUS), is modified by deleting
‘‘Gasoline or liquid propane (LP)’’ and
inserting ‘‘Gas (natural or liquid
propane (LP))’’ in lieu thereof.
Joseph Barloon,
General Counsel, Office of the United States
Trade Representative.
[FR Doc. 2020–25401 Filed 11–17–20; 8:45 am]
BILLING CODE 3290–F1–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0102; FMCSA–
2014–0104; FMCSA–2016–0002; FMCSA–
2017–0057; FMCSA–2017–0061; FMCSA–
2018–0135]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
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73591
FMCSA announces its
decision to renew exemptions for nine
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 are applicable
on November 30, 2020. The exemptions
expire on November 30, 2022.
Comments must be received on or
before December 18, 2020.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2014–0102, Docket No.
FMCSA–2014–0104, Docket No.
FMCSA–2016–0002, Docket No.
FMCSA–2017–0057, Docket No.
FMCSA–2017–0061, or Docket No.
FMCSA–2018–0135 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Dockets 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 Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. Docket No. FMCSA–
2014–0102, Docket No. FMCSA–2014–
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0104, Docket No. FMCSA–2016–0002,
Docket No. FMCSA–2017–0057, Docket
No. FMCSA–2017–0061, or Docket No.
FMCSA–2018–0135), 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–2014–0102,
FMCSA–2014–0104, FMCSA–2016–
0002, FMCSA–2017–0057, FMCSA–
2017–0061, or FMCSA–2018–0135, 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.
khammond on DSKJM1Z7X2PROD with NOTICES
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–2014–0102,
FMCSA–2014–0104, FMCSA–2016–
0002, FMCSA–2017–0057, FMCSA–
2017–0061, or FMCSA–2018–0135, 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.
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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 nine 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,
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
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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 nine
applicants has satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement. The nine
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 November 30, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following nine individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers:
Michael Arwood (TN)
Christian DeNight (FL)
James Dignan (IL)
Michael Dohanish (OH)
Bruce Dunn (LA)
Scott Perdue (GA)
Albert Pizana (CA)
Adalberto Rodriguez (NY)
Michael Smith (CO)
The drivers were included in docket
number FMCSA–2014–0102, FMCSA–
2014–0104, FMCSA–2016–0002,
FMCSA–2017–0057, FMCSA–2017–
0061, or FMCSA–2018–0135. Their
exemptions are applicable as of
November 30, 2020, and will expire on
November 30, 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 § 390.5; (2)
report all citations and convictions for
disqualifying offenses under 49 CFR 383
and 49 CFR 391 to FMCSA; and (3) each
driver is prohibited from operating a
motorcoach or bus with passengers in
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Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Notices
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 nine
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. 2020–25357 Filed 11–17–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–3637; FMCSA–
2000–7006; FMCSA–2000–8203; FMCSA–
2004–17195; FMCSA–2004–17984; FMCSA–
2004–18885; FMCSA–2008–0106; FMCSA–
2008–0174; FMCSA–2010–0082; FMCSA–
2010–0187; FMCSA–2011–0299; FMCSA–
2012–0214; FMCSA–2012–0215; FMCSA–
2012–0216; FMCSA–2012–0280; FMCSA–
2013–0165; FMCSA–2013–0168; FMCSA–
2014–0003; FMCSA–2014–0004; FMCSA–
2014–0005; FMCSA–2014–0006; FMCSA–
2014–0007; FMCSA–2014–0010; FMCSA–
2014–0296; FMCSA–2014–0298; FMCSA–
2015–0056; FMCSA–2016–0028; FMCSA–
2016–0029; FMCSA–2016–0030; FMCSA–
2016–0206; FMCSA–2016–0208; FMCSA–
2016–0212; FMCSA–2018–0011; FMCSA–
2018–0012; FMCSA–2018–0013; FMCSA–
2018–0014; FMCSA–2018–0015; FMCSA–
2018–0017; FMCSA–2018–0207]
Qualification of Drivers; Exemption
Applications; Vision
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 63
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 requirements in one eye.
DATES: Each group of renewed
exemptions are 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 December 18,
2020.
SUMMARY:
You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–1998–3637, Docket No.
FMCSA–2000–7006, Docket No.
FMCSA–2000–8203, Docket No.
FMCSA–2004–17195, Docket No.
FMCSA–2004–17984, Docket No.
FMCSA–2004–18885, Docket No.
FMCSA–2008–0106, Docket No.
FMCSA–2008–0174, Docket No.
FMCSA–2010–0082, Docket No.
FMCSA–2010–0187, Docket No.
FMCSA–2011–0299, Docket No.
FMCSA–2012–0214, Docket No.
FMCSA–2012–0215, Docket No.
FMCSA–2012–0216, Docket No.
FMCSA–2012–0280, Docket No.
FMCSA–2013–0165, Docket No.
FMCSA–2013–0168, Docket No.
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ADDRESSES:
VerDate Sep<11>2014
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73593
FMCSA–2014–0003, Docket No.
FMCSA–2014–0004, Docket No.
FMCSA–2014–0005, Docket No.
FMCSA–2014–0006, Docket No.
FMCSA–2014–0007, Docket No.
FMCSA–2014–0010, Docket No.
FMCSA–2014–0296, Docket No.
FMCSA–2014–0298, Docket No.
FMCSA–2015–0056, Docket No.
FMCSA–2016–0028, Docket No.
FMCSA–2016–0029, Docket No.
FMCSA–2016–0030, Docket No.
FMCSA–2016–0206, Docket No.
FMCSA–2016–0208, Docket No.
FMCSA–2016–0212, Docket No.
FMCSA–2018–0011, Docket No.
FMCSA–2018–0012, Docket No.
FMCSA–2018–0013, Docket No.
FMCSA–2018–0014, Docket No.
FMCSA–2018–0015, Docket No.
FMCSA–2018–0017, or Docket No.
FMCSA–2018–0207 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Dockets 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 Dockets
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–1998–3637;
FMCSA–2000–7006; FMCSA–2000–
8203; FMCSA–2004–17195; FMCSA–
2004–17984; FMCSA–2004–18885;
FMCSA–2008–0106; FMCSA–2008–
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Agencies
[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Notices]
[Pages 73591-73593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25357]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0102; FMCSA-2014-0104; FMCSA-2016-0002; FMCSA-
2017-0057; FMCSA-2017-0061; FMCSA-2018-0135]
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 nine
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 are applicable on November 30, 2020. The
exemptions expire on November 30, 2022. Comments must be received on or
before December 18, 2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0102, Docket No. FMCSA-
2014-0104, Docket No. FMCSA-2016-0002, Docket No. FMCSA-2017-0057,
Docket No. FMCSA-2017-0061, or Docket No. FMCSA-2018-0135 using any of
the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Dockets 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, [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 Dockets 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. Docket No. FMCSA-2014-0102, Docket No. FMCSA-2014-
[[Page 73592]]
0104, Docket No. FMCSA-2016-0002, Docket No. FMCSA-2017-0057, Docket
No. FMCSA-2017-0061, or Docket No. FMCSA-2018-0135), 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-2014-0102, FMCSA-2014-0104, FMCSA-2016-
0002, FMCSA-2017-0057, FMCSA-2017-0061, or FMCSA-2018-0135, 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-2014-0102, FMCSA-2014-0104, FMCSA-2016-
0002, FMCSA-2017-0057, FMCSA-2017-0061, or FMCSA-2018-0135, 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.
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 nine 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, 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
nine applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The nine 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 November 30, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Michael Arwood (TN)
Christian DeNight (FL)
James Dignan (IL)
Michael Dohanish (OH)
Bruce Dunn (LA)
Scott Perdue (GA)
Albert Pizana (CA)
Adalberto Rodriguez (NY)
Michael Smith (CO)
The drivers were included in docket number FMCSA-2014-0102, FMCSA-
2014-0104, FMCSA-2016-0002, FMCSA-2017-0057, FMCSA-2017-0061, or FMCSA-
2018-0135. Their exemptions are applicable as of November 30, 2020, and
will expire on November 30, 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; (2) report all citations and convictions for disqualifying
offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and (3) each driver
is prohibited from operating a motorcoach or bus with passengers in
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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 nine 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. 2020-25357 Filed 11-17-20; 8:45 am]
BILLING CODE 4910-EX-P