Qualification of Drivers; Exemption Applications; Hearing, 3164-3166 [2022-00987]

Download as PDF 3164 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 The Agency believes that allowing placement of the Vision 2.0 device lower than currently permitted by Agency regulations will likely provide a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption because (1) based on the information available, there is no indication that the Vision 2.0 device would obstruct drivers’ views of the roadway, highway signs and signals, and surrounding traffic; (2) generally, trucks and buses have an elevated seating position that greatly improves the forward visual field of the driver and any impairment of available sight lines would be minimal; and (3) the mounting location where the bottom of the Vision 2.0 device housing does not extend more than 8 inches below the upper edge of the area swept by the windshield wipers outside the driver’s and passenger’s normal sight lines to the road ahead, highway signs and signals, and all mirrors, will be reasonable and enforceable at roadside. In addition, the Agency believes the use of the Vision 2.0 device by fleets is likely to improve the overall level of safety for the motoring public. This action is consistent with the following previously issued Agency actions permitting the placement of similarly-sized devices on CMVs outside the driver’s sight lines to the road and highway signs and signals: Bendix Commercial Vehicle Systems, LLC 86 FR 17877 (April 6, 2021), Netradyne, Inc. 85 FR 82575 (Dec 18, 2020), J.J. Keller & Associates, Inc. 85 FR 75106 (November 24, 2020), Samsara Networks, Inc. 85 FR 68409 (Oct. 28, 2020), Nauto Inc. 85 FR 64220 (Oct. 9, 2020), Lytx Inc. 85 FR 30121 (May 21, 2020), and Navistar Inc. 84 FR 64952 (Nov. 25, 2019). FMCSA is unaware of any evidence showing that installation of other vehicle safety technologies mounted on the interior of the windshield has resulted in any degradation in safety. Terms and Conditions for the Exemption The Agency hereby grants the exemption for a 5-year period, beginning January 20, 2022 and ending January 20, 2027. During the temporary exemption period, motor carriers are allowed to operate CMVs equipped with Complete Innovations’ Vision 2.0 device in the approximate center of the top of the windshield where the bottom edge of the technology housing is approximately 8 inches below the upper edge of the area swept by the windshield wipers, outside of the driver’s and passenger’s normal sight lines to the road ahead, highway signs VerDate Sep<11>2014 17:16 Jan 19, 2022 Jkt 256001 and signals, and all mirrors. The exemption is valid for 5 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or commercial motor vehicles fail 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). Interested parties possessing information that would demonstrate that motor carriers operating CMVs equipped with Complete Innovations’ Vision 2.0 device are not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any such information and, if safety is being compromised or if continuation of the exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the exemption. Preemption In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. Meera Joshi, Deputy Administrator. [FR Doc. 2022–01020 Filed 1–19–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0123; FMCSA– 2014–0104; FMCSA–2014–0385; FMCSA– 2016–0003; FMCSA–2017–0057; FMCSA– 2017–0058; FMCSA–2018–0139; FMCSA– 2019–0011; FMCSA–2019–0112] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for 17 individuals from the hearing SUMMARY: PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 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. Comments must be received on or before February 22, 2022. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2013–0123, Docket No. FMCSA–2014–0104, Docket No. FMCSA–2014–0385, Docket No. FMCSA–2016–0003, Docket No. FMCSA–2017–0057, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0139, Docket No. FMCSA–2019–0011, or Docket No. FMCSA–2019–0112 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2013–0123, FMCSA– 2014–0104, FMCSA–2014–0385, FMCSA–2016–0003, FMCSA–2017– 0057, FMCSA–2017–0058, FMCSA– 2018–0139, FMCSA–2019–0011, or FMCSA–2019–0112 in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, and click on the ‘‘Comment’’ button. 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, DOT, 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, E:\FR\FM\20JAN1.SGM 20JAN1 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices contact Dockets Operations, (202) 366– 9826. SUPPLEMENTARY INFORMATION: I. Public Participation lotter on DSK11XQN23PROD with NOTICES1 A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2013–0123, Docket No. FMCSA–2014–0104, Docket No. FMCSA–2014–0385, Docket No. FMCSA–2016–0003, Docket No. FMCSA–2017–0057, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0139, Docket No. FMCSA–2019–0011, or Docket No. FMCSA–2019–0112), 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 www.regulations.gov/, insert the docket number, FMCSA–2013–0123, FMCSA– 2014–0104, FMCSA–2014–0385, FMCSA–2016–0003, FMCSA–2017– 0057, FMCSA–2017–0058, FMCSA– 2018–0139, FMCSA–2019–0011, or FMCSA–2019–0112 in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, click the ‘‘Comment’’ 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. B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2013–0123, FMCSA– 2014–0104, FMCSA–2014–0385, FMCSA–2016–0003, FMCSA–2017– 0057, FMCSA–2017–0058, FMCSA– 2018–0139, FMCSA–2019–0011, or VerDate Sep<11>2014 17:16 Jan 19, 2022 Jkt 256001 FMCSA–2019–0112 in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ 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 20590–0001, 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 regulatory 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 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971). The 17 individuals listed in this notice have requested renewal of their PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 3165 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 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 17 applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The 17 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. In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of February and are discussed below. As of February 14, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Lucius Fowler (IL) Jared Gunn (IL) Daniel Krystosek (MN) John Malm (IL) Ray Norris (TX) Abel Talamantes (WA) Andrew Tessin (NC) Charles Wirick (MD) E:\FR\FM\20JAN1.SGM 20JAN1 3166 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices The drivers were included in docket number FMCSA–2013–0123, FMCSA– 2014–0104, FMCSA–2017–0058, FMCSA–2018–0139, FMCSA–2019– 0111, or FMCSA–2019–0112. Their exemptions are applicable as of February 14, 2022 and will expire on February 14, 2024. As of February 19, 2022, 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: Wyatt Baldwin (NV) Richard Davis (OH) Adam Hayes (CA) Adrian Lopez (TX) Jeffrey Schulkers (KY) Jason Thomas (TX) Joshua J. Tinley (AZ) Roderick Thomas (GA) Kerri Wright (OK) The drivers were included in docket number FMCSA–2014–0385, FMCSA– 2016–0003, or FMCSA–2017–0057. Their exemptions are applicable as of February 19, 2022 and will expire on February 19, 2024. lotter on DSK11XQN23PROD with NOTICES1 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; and (2) report all citations and convictions for disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and (3) each driver prohibited from operating a motorcoach or bus with passengers in 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. VerDate Sep<11>2014 17:16 Jan 19, 2022 Jkt 256001 VII. Conclusion Based upon its evaluation of the 17 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 2 years unless revoked earlier by FMCSA. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2022–00987 Filed 1–19–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2021–0059] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Waste Management Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of exemption. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant the limited 5-year exemption requested by Waste Management Inc. (Waste Management) to allow all of its operating companies, which currently number 106, to replace the highmounted brake lights on their owned and operated fleets of heavy-duty refuse and support trucks with red or amber brake-activated pulsating lamps positioned in the upper center position, or in an upper dual outboard position, in addition to the steady burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency has determined that granting the exemption would likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation. DATES: This exemption is effective January 20, 2022 and ending January 20, 2027. FOR FURTHER INFORMATION CONTACT: Mr. Jose´ R. Cestero, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC–PSV, (202) 366–5541, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. Docket: For access to the docket to read background documents or comments submitted to notice requesting public comments on the SUMMARY: PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 exemption application, go to www.regulations.gov at any time or visit Dockets Operations, Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, 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. The on-line Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the FMCSRs. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Waste Management’s Application for Exemption Section 393.25(e) of the FMCSRs requires all exterior lamps (both required lamps and any additional lamps) to be steady-burning, except turn signal lamps, hazard warning signal lamps, school bus warning lamps, amber warning lamps or flashing warning lamps on tow trucks and commercial motor vehicles (CMV) transporting oversized loads, and warning lamps on emergency and service vehicles authorized by State or local authorities. Waste Management applied for an exemption from 49 CFR 393.25(e) to E:\FR\FM\20JAN1.SGM 20JAN1

Agencies

[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3164-3166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00987]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0123; FMCSA-2014-0104; FMCSA-2014-0385; FMCSA-
2016-0003; FMCSA-2017-0057; FMCSA-2017-0058; FMCSA-2018-0139; FMCSA-
2019-0011; FMCSA-2019-0112]


Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions for 17 
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. Comments must be received on or before February 22, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0123, Docket No. FMCSA-
2014-0104, Docket No. FMCSA-2014-0385, Docket No. FMCSA-2016-0003, 
Docket No. FMCSA-2017-0057, Docket No. FMCSA-2017-0058, Docket No. 
FMCSA-2018-0139, Docket No. FMCSA-2019-0011, or Docket No. FMCSA-2019-
0112 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2013-0123, FMCSA-2014-0104, FMCSA-2014-
0385, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-0058, FMCSA-2018-
0139, FMCSA-2019-0011, or FMCSA-2019-0112 in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, and click on the ``Comment'' button. 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, 
DOT, 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,

[[Page 3165]]

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-2013-0123, Docket No. FMCSA-2014-0104, Docket 
No. FMCSA-2014-0385, Docket No. FMCSA-2016-0003, Docket No. FMCSA-2017-
0057, Docket No. FMCSA-2017-0058, Docket No. FMCSA-2018-0139, Docket 
No. FMCSA-2019-0011, or Docket No. FMCSA-2019-0112), 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 www.regulations.gov/, insert 
the docket number, FMCSA-2013-0123, FMCSA-2014-0104, FMCSA-2014-0385, 
FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-0058, FMCSA-2018-0139, 
FMCSA-2019-0011, or FMCSA-2019-0112 in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' 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 Comments

    To view comments go to www.regulations.gov. Insert the docket 
number, FMCSA-2013-0123, FMCSA-2014-0104, FMCSA-2014-0385, FMCSA-2016-
0003, FMCSA-2017-0057, FMCSA-2017-0058, FMCSA-2018-0139, FMCSA-2019-
0011, or FMCSA-2019-0112 in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.'' 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 20590-0001, 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 regulatory 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 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 17 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 17 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The 17 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.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of February 
and are discussed below. As of February 14, 2022, and in accordance 
with 49 U.S.C. 31136(e) and 31315(b), the following eight individuals 
have satisfied the renewal conditions for obtaining an exemption from 
the hearing requirement in the FMCSRs for interstate CMV drivers:

Lucius Fowler (IL)
Jared Gunn (IL)
Daniel Krystosek (MN)
John Malm (IL)
Ray Norris (TX)
Abel Talamantes (WA)
Andrew Tessin (NC)
Charles Wirick (MD)


[[Page 3166]]


    The drivers were included in docket number FMCSA-2013-0123, FMCSA-
2014-0104, FMCSA-2017-0058, FMCSA-2018-0139, FMCSA-2019-0111, or FMCSA-
2019-0112. Their exemptions are applicable as of February 14, 2022 and 
will expire on February 14, 2024.
    As of February 19, 2022, 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:

Wyatt Baldwin (NV)
Richard Davis (OH)
Adam Hayes (CA)
Adrian Lopez (TX)
Jeffrey Schulkers (KY)
Jason Thomas (TX)
Joshua J. Tinley (AZ)
Roderick Thomas (GA)
Kerri Wright (OK)

    The drivers were included in docket number FMCSA-2014-0385, FMCSA-
2016-0003, or FMCSA-2017-0057. Their exemptions are applicable as of 
February 19, 2022 and will expire on February 19, 2024.

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; and (2) report all citations and convictions for 
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and 
(3) each driver prohibited from operating a motorcoach or bus with 
passengers in 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 17 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 2 years unless 
revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-00987 Filed 1-19-22; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.