Qualification of Drivers; Exemption Applications; Hearing |
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Larry W. Minor
Federal Motor Carrier Safety Administration
16 December 2020
[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Notices]
[Pages 81553-81554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27650]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0028]
Qualification of Drivers; Exemption Applications; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 20 individuals
for an exemption from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions would
enable these hard of hearing and deaf individuals to operate CMVs in
interstate commerce.
DATES: Comments must be received on or before January 15, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2020-0028 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2020-0028. 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 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-2020-0028), 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 http://www.regulations.gov/docket?D=FMCSA-2020-0028. 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 http://www.regulations.gov/docket?D=FMCSA-2020-0028 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 20 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
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
[[Page 81554]]
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).
On February 1, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Application for
Exemptions; National Association of the Deaf,'' (78 FR 7479), its
decision to grant requests from 40 individuals for exemptions from the
Agency's physical qualification standard concerning hearing for
interstate CMV drivers. Since that time the Agency has published
additional notices granting requests from hard of hearing and deaf
individuals for exemptions from the Agency's physical qualification
standard concerning hearing for interstate CMV drivers.
III. Qualifications of Applicants
Hassan Abdi
Mr. Abdi, 30, holds a class A CPL in Minnesota.
Matthew Acken
Mr. Acken, 35, holds a class D license in Utah.
Ryan Bailey
Mr. Bailey, 28, holds a class E license in Florida.
Gage Burchett
Mr. Burchett, 28, holds a class D license in Virginia.
Andrew Cho
Mr. Cho, 26, holds a class D license in New York.
Jeffrey Daniel
Mr. Daniel, 52, holds a class C license in Nevada.
Tyler Davis
Mr. Davis, 25, holds a class C license in Texas.
Gabriel Despanie
Mr. Despanie, 61, holds a class A license in Louisiana.
Zachrey Gill
Mr. Gill, 23, holds a class E license in Michigan.
Nicholas Grabanski
Mr. Grabanski, 27, holds a class C license in Texas.
Michael Hartman
Mr. Hartman, 56, holds a class D license in Oklahoma.
Andrew Hatch
Mr. Hatch, 41, holds a class D license in Iowa.
Joshua Johnson
Mr. Johnson, 28, holds a class R license in Colorado.
William Lavender
Mr. Lavender, 64, holds a class A license in Ohio.
MarcKenzie Loriston
Mr. Loriston, 31, holds a class E license in Florida.
Ronald Pridgen
Mr. Pridgen, 57, holds a class C license in North Carolina.
Zachary Reagan
Mr. Reagan, 40, holds a class C license in Texas.
Michael L. Smith
Mr. Smith, 66, holds a class A license in North Carolina.
Carlos Sotelo Sanchez
Mr. Sanchez, 26, holds a class C license in California.
Matthew Spainhoward
Mr. Spainhoward, 34, holds a class D license in Kentucky.
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 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. 2020-27650 Filed 12-15-20; 8:45 am]
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