Qualification of Drivers; Exemption Applications; Hearing, 73591-73593 [2020-25357]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:59 Nov 17, 2020 Jkt 253001 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: PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 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– E:\FR\FM\18NON1.SGM 18NON1 73592 Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Notices 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. VerDate Sep<11>2014 17:59 Nov 17, 2020 Jkt 253001 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 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 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 E:\FR\FM\18NON1.SGM 18NON1 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. khammond on DSKJM1Z7X2PROD with NOTICES ADDRESSES: VerDate Sep<11>2014 17:59 Nov 17, 2020 Jkt 253001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 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– E:\FR\FM\18NON1.SGM 18NON1

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]


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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

[[Page 73593]]

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


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