Qualification of Drivers; Exemption Applications; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
6 April 2020
[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Notices]
[Page 19217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07118]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0327; FMCSA-2016-0003; FMCSA-2017-0057]
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 14
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: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.
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:
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 http://www.regulations.gov/docket?D=FMCSA-2015-0327 or http://www.regulations.gov/docket?D=FMCSA-2016-0003 or http://www.regulations.gov/docket?D=FMCSA-2017-0057 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.
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 February 6, 2020, FMCSA published a notice announcing its
decision to renew exemptions for 14 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 6999). The
public comment period ended on March 9, 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 14 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in Sec. 391.41 (b)(11).
As of February 24, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), Yoel Perez (FL) has satisfied the renewal conditions for
obtaining an exemption from the hearing requirement in the FMCSRs for
interstate CMV drivers. (85 FR 6999)
This driver was included in docket number FMCSA-2015-0327. The
exemption is applicable as of February 24, 2020, and will expire on
February 24, 2022.
As of February 19, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (85 FR 6999):
Wyatt Baldwin (NV)
Marion Bennett, Jr. (MD)
Richard Davis (OH)
Adam Hayes (CA)
Michael Lidster (IL)
Adrian Lopez (TX)
Michael Quinonez (NM)
Khon Saysanam (TX)
Jeffrey Schulkers (KY)
Jason Thomas (TX)
Roderick Thomas (GA)
Joshua Tinley (AZ)
Kerri Wright (OK)
The drivers were included in docket number FMCSA-2016-0003 or
FMCSA-2017-0057. Their exemptions are applicable as of February 19,
2020, and will expire on February 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. 2020-07118 Filed 4-3-20; 8:45 am]
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