Qualification of Drivers; Exemption Applications; Hearing

Larry W. Minor
Federal Motor Carrier Safety Administration
5 March 2020

[Federal Register Volume 85, Number 44 (Thursday, March 5, 2020)]
[Notices]
[Pages 12964-12965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04532]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332; FMCSA-2015-0329; FMCSA-2016-0003; FMCSA-
2017-0058]


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 11 
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. 
Insert the docket number, FMCSA-2012-0332, FMCSA-2015-0329, FMCSA-2016-
0003, or FMCSA-2017-0058, 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.

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 January 15, 2020, FMCSA published a notice announcing its 
decision to renew exemptions for 11 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 2484). The 
public comment period ended on February 14, 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.

[[Page 12965]]

    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 11 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 January 
and are discussed below:
    As of January 6, 2020, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (85 FR 2484):

Steven P. Andrews (FL)
John Brown (MN)
Jerry Doose (MN)
Andrew Hippler (ID)
Donald Howton, Jr. (NC)
Jonathan Ramos (NE)

    The drivers were included in docket number FMCSA-2015-0329, FMCSA-
2015-0326, and FMCSA-2017-0058. Their exemptions are applicable as of 
January 6, 2020, and will expire on January 6, 2022.
    As of January 8, 2020, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following five individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (85 FR 2484):

Matthew Burgoyne (ID)
Mark Cole (MD)
Joshua Gelona (OK)
Reginald Holmes (AZ)
Eduardo Pedregal (TX)

    The drivers were included in docket number FMCSA-2012-0332 and 
FMCSA-2016-0003. Their exemptions are applicable as of January 8, 2020, 
and will expire on January 8, 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).

    Issued on: February 28, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-04532 Filed 3-4-20; 8:45 am]
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