Qualification of Drivers; Exemption Applications; Hearing, 48749-48751 [2022-17146]
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Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Notices
above and by citing the court case
number where provided.
Kevin E. Bryant,
Acting Director, Office of Directives
Management, Department of State.
[FR Doc. 2022–17123 Filed 8–9–22; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0122; FMCSA–
2013–0123; FMCSA–2013–0125; FMCSA–
2014–0102; FMCSA–2014–0107; FMCSA–
2015–0327; FMCSA–2015–0328; FMCSA–
2015–0329; FMCSA–2017–0057; FMCSA–
2017–0059; FMCSA–2017–0060; FMCSA–
2018–0139; FMCSA–2019–0109; FMCSA–
2019–0111; FMCSA–2020–0024; FMCSA–
2020–0025]
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 40
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 September 9, 2022.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2013–0122, Docket No.
FMCSA–2013–0123, Docket No.
FMCSA–2013–0125, Docket No.
FMCSA–2014–0102, Docket No.
FMCSA–2014–0107, Docket No.
FMCSA–2015–0327, Docket No.
FMCSA–2015–0328, Docket No.
FMCSA–2015–0329, Docket No.
FMCSA–2017–0057, Docket No.
FMCSA–2017–0059, Docket No.
FMCSA–2017–0060, Docket No.
FMCSA–2018–0139, Docket No.
FMCSA–2019–0109, Docket No.
FMCSA–2019–0111, Docket No.
FMCSA–2020–0024, or Docket No.
FMCSA–2020–0025 using any of the
following methods:
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SUMMARY:
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• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2013–0122, FMCSA–
2013–0123, FMCSA–2013–0125,
FMCSA–2014–0102, FMCSA–2014–
0107, FMCSA–2015–0327, FMCSA–
2015–0328, FMCSA–2015–0329,
FMCSA–2017–0057, FMCSA–2017–
0059, FMCSA–2017–0060, FMCSA–
2018–0139, FMCSA–2019–0109,
FMCSA–2019–0111, FMCSA–2020–
0024, or FMCSA–2020–0025 in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ 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
20590–0001, 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,
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–2013–0122,
Docket No. FMCSA–2013–0123, Docket
No. FMCSA–2013–0125, Docket No.
FMCSA–2014–0102, Docket No.
FMCSA–2014–0107, Docket No.
FMCSA–2015–0327, Docket No.
FMCSA–2015–0328, Docket No.
FMCSA–2015–0329, Docket No.
FMCSA–2017–0057, Docket No.
FMCSA–2017–0059, Docket No.
FMCSA–2017–0060, Docket No.
FMCSA–2018–0139, Docket No.
FMCSA–2019–0109, Docket No.
FMCSA–2019–0111, Docket No.
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48749
FMCSA–2020–0024, or Docket No.
FMCSA–2020–0025), 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–2013–0122, FMCSA–
2013–0123, FMCSA–2013–0125,
FMCSA–2014–0102, FMCSA–2014–
0107, FMCSA–2015–0327, FMCSA–
2015–0328, FMCSA–2015–0329,
FMCSA–2017–0057, FMCSA–2017–
0059, FMCSA–2017–0060, FMCSA–
2018–0139, FMCSA–2019–0109,
FMCSA–2019–0111, FMCSA–2020–
0024, or FMCSA–2020–0025 in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ 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–2013–0122, FMCSA–
2013–0123, FMCSA–2013–0125,
FMCSA–2014–0102, FMCSA–2014–
0107, FMCSA–2015–0327, FMCSA–
2015–0328, FMCSA–2015–0329,
FMCSA–2017–0057, FMCSA–2017–
0059, FMCSA–2017–0060, FMCSA–
2018–0139, FMCSA–2019–0109,
FMCSA–2019–0111, FMCSA–2020–
0024, or FMCSA–2020–0025 in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ 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
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Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Notices
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 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
request. 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.dot.gov/privacy.
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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 40 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.
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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 40 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement. The 40 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 June and are discussed
below.
As of June 17, 2022, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 23 individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers:
Paul Aseka (TX)
James Bogart (KS)
Thomas Buretz (FL)
Forrest Carroll (OH)
Glenn Ferguson (TX)
Ariel Gonzalez (RI)
Nicholas Green (FL)
Richard Hadlock (IL)
Sean Hunt (SC)
Jesus Javier (NJ)
Larry Lang (TX)
Yoel Lopez-Perez (FL)
Bryan MacFarlane (OH)
Darren Nordquist (WI)
Anthony Panto (NJ)
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Ernst Pratt (PA)
Brian Shoup (SC)
William Symonds (IL)
Steven Tipton (IA)
Daniel Tricolici (MA)
Wayne Turner (IL)
Fernando Velasquez (TX)
Scott Weeaks (OK)
The drivers were included in docket
number FMCSA–2013–0122, FMCSA–
2013–0123, FMCSA–2013–0125,
FMCSA–2014–0107, FMCSA–2015–
0327, FMCSA–2015–0328, FMCSA–
2015–0329, FMCSA–2017–0057,
FMCSA–2017–0059, FMCSA–2018–
0139, FMCSA–2019–0109, FMCSA–
2019–0111, or FMCSA–2020–0024.
Their exemptions were applicable as of
June 17, 2022 and will expire on June
17, 2024.
As of June 18, 2022, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven
individuals have satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in the
FMCSRs for interstate CMV drivers:
Joshua Affholter (MI)
Gantulga Badarach (IL)
Awash Demoz (MD)
Muhammad Javed (IN)
Charles O’Bryan (NY)
Anna Ruiz (AZ)
Kyle Taylor (GA)
The drivers were included in docket
number FMCSA–2020–0025. Their
exemptions were applicable as of June
18, 2022 and will expire on June 18,
2024.
As of June 25, 2022, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following three
individuals have satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in the
FMCSRs for interstate CMV drivers:
Alfredo Ramirez (TX); Julie Ramirez
(TX); and Hayden Teesdale (TX).
The drivers were included in docket
number FMCSA–2014–0102. Their
exemptions were applicable as of June
25, 2022 and will expire on June 25,
2024.
As of June 29, 2022, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven
individuals have satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in the
FMCSRs for interstate CMV drivers:
Leroy Carter (OH)
Robert Cates (NM)
Brodey DiPasquale (MD)
Richard Fisher (PA)
Kimberly Foss (OR)
Marcel Paul (WA)
Jason Winemiller (IL)
The drivers were included in docket
number FMCSA–2017–0060. Their
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Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Notices
exemptions were applicable as of June
29, 2022 and will expire on June 29,
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 § 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 40
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. 2022–17146 Filed 8–9–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
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[Docket No. DOT–MARAD–2022–0167]
Request for Comments on the Renewal
of a Previously Approved Information
Collection: Effective U.S. Control
(EUSC)/Parent Company
Maritime Administration,
Department of Transportation.
AGENCY:
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17:26 Aug 09, 2022
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Notice and request for
comments.
ACTION:
The Maritime Administration
(MARAD) invites public comments on
our intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The information to be
collected will be used to aid in
identifying oceangoing vessels that may
be both useful and available to the
Department of Defense for deploying
U.S. military equipment (such as tanks
and other tracked and wheeled vehicles)
and the full range of supplies (including
petroleum products and fuel) necessary
to sustain a force in a foreign theater of
operations. We are required to publish
this notice in the Federal Register by
the Paperwork Reduction Act of 1995.
DATES: Comments must be submitted on
or before October 11, 2022.
ADDRESSES: You may submit comments
identified by Docket No. DOT–MARAD–
2022–0167 through one of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Search using the
above DOT docket number and follow
the online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
Instructions: All submissions must
include the agency name and docket
number for this rulemaking.
SUMMARY:
Note: All comments received will be
posted without change to
www.regulations.gov including any personal
information provided.
Comments are invited on: (a) whether
the proposed collection of information
is necessary for the Department’s
performance; (b) the accuracy of the
estimated burden; (c) ways for the
Department to enhance the quality,
utility, and clarity of the information
collection; and (d) ways that the burden
could be minimized without reducing
the quality of the collected information.
The agency will summarize and/or
include your comments in the request
for OMB’s clearance of this information
collection.
Electronic Access and Filing
A copy of the notice may be viewed
online at www.regulations.gov using the
docket number listed above. A copy of
this notice will be placed in the docket.
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48751
Electronic retrieval help and guidelines
are available on the website. It is
available 24 hours each day, 365 days
each year. An electronic copy of this
document may also be downloaded
from the Office of the Federal Register’s
website at www.FederalRegister.gov and
the Government Publishing Office’s
website at www.GovInfo.gov.
FOR FURTHER INFORMATION CONTACT:
Katrina McRae, Vessel Transfer
Specialist, Office of Sealift Support,
U.S. Department of Transportation,
Maritime Administration, 1200 New
Jersey Avenue SE, Washington, DC
20590, (202) 366–3198, katrina.mcrae@
dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Effective U.S. Control (EUSC)/
Parent Company.
OMB Control Number: 2133–0511.
Type of Request: Renewal of a
Previously Approved Information
Collection.
Abstract: The Effective U.S. Control
(EUSC)/Parent Company collection
consists of an inventory of foreignregistered vessels owned by U.S.
citizens. Specially, the collection
consists of responses from vessel
owners verifying or correcting vessel
ownership data and characteristics
found in commercial publications. The
information obtained could be vital in a
national or international emergency and
is essential to the logistical support
planning operations conducted by
Maritime Administration officials.
Respondents: U.S. citizens who own
foreign-registered vessels.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
60.
Estimated Number of Responses: 60.
Estimated Hours per Response: 1.
Annual Estimated Total Annual
Burden Hours: 60.
Frequency of Response: Annually.
(Authority: The Paperwork Reduction Act of
1995; 44 U.S.C. chapter 35, as amended; and
49 CFR 1.93.)
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2022–17137 Filed 8–9–22; 8:45 am]
BILLING CODE 4910–81–P
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]]>Agencies
[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48749-48751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17146]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-2013-0125; FMCSA-
2014-0102; FMCSA-2014-0107; FMCSA-2015-0327; FMCSA-2015-0328; FMCSA-
2015-0329; FMCSA-2017-0057; FMCSA-2017-0059; FMCSA-2017-0060; FMCSA-
2018-0139; FMCSA-2019-0109; FMCSA-2019-0111; FMCSA-2020-0024; FMCSA-
2020-0025]
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 40
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 September 9, 2022.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2013-0122, Docket No. FMCSA-2013-
0123, Docket No. FMCSA-2013-0125, Docket No. FMCSA-2014-0102, Docket
No. FMCSA-2014-0107, Docket No. FMCSA-2015-0327, Docket No. FMCSA-2015-
0328, Docket No. FMCSA-2015-0329, Docket No. FMCSA-2017-0057, Docket
No. FMCSA-2017-0059, Docket No. FMCSA-2017-0060, Docket No. FMCSA-2018-
0139, Docket No. FMCSA-2019-0109, Docket No. FMCSA-2019-0111, Docket
No. FMCSA-2020-0024, or Docket No. FMCSA-2020-0025 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2013-0122, FMCSA-2013-0123, FMCSA-2013-
0125, FMCSA-2014-0102, FMCSA-2014-0107, FMCSA-2015-0327, FMCSA-2015-
0328, FMCSA-2015-0329, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2017-
0060, FMCSA-2018-0139, FMCSA-2019-0109, FMCSA-2019-0111, FMCSA-2020-
0024, or FMCSA-2020-0025 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 20590-0001, 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, 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-2013-0122, Docket No. FMCSA-2013-0123, Docket
No. FMCSA-2013-0125, Docket No. FMCSA-2014-0102, Docket No. FMCSA-2014-
0107, Docket No. FMCSA-2015-0327, Docket No. FMCSA-2015-0328, Docket
No. FMCSA-2015-0329, Docket No. FMCSA-2017-0057, Docket No. FMCSA-2017-
0059, Docket No. FMCSA-2017-0060, Docket No. FMCSA-2018-0139, Docket
No. FMCSA-2019-0109, Docket No. FMCSA-2019-0111, Docket No. FMCSA-2020-
0024, or Docket No. FMCSA-2020-0025), 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-2013-0122, FMCSA-2013-0123, FMCSA-2013-0125,
FMCSA-2014-0102, FMCSA-2014-0107, FMCSA-2015-0327, FMCSA-2015-0328,
FMCSA-2015-0329, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2017-0060,
FMCSA-2018-0139, FMCSA-2019-0109, FMCSA-2019-0111, FMCSA-2020-0024, or
FMCSA-2020-0025 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-2013-0122, FMCSA-2013-0123, FMCSA-2013-0125, FMCSA-2014-
0102, FMCSA-2014-0107, FMCSA-2015-0327, FMCSA-2015-0328, FMCSA-2015-
0329, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2017-0060, FMCSA-2018-
0139, FMCSA-2019-0109, FMCSA-2019-0111, FMCSA-2020-0024, or FMCSA-2020-
0025 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
[[Page 48750]]
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 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. 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.dot.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 40 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 40
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 40 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 June and
are discussed below.
As of June 17, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 23 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Paul Aseka (TX)
James Bogart (KS)
Thomas Buretz (FL)
Forrest Carroll (OH)
Glenn Ferguson (TX)
Ariel Gonzalez (RI)
Nicholas Green (FL)
Richard Hadlock (IL)
Sean Hunt (SC)
Jesus Javier (NJ)
Larry Lang (TX)
Yoel Lopez-Perez (FL)
Bryan MacFarlane (OH)
Darren Nordquist (WI)
Anthony Panto (NJ)
Ernst Pratt (PA)
Brian Shoup (SC)
William Symonds (IL)
Steven Tipton (IA)
Daniel Tricolici (MA)
Wayne Turner (IL)
Fernando Velasquez (TX)
Scott Weeaks (OK)
The drivers were included in docket number FMCSA-2013-0122, FMCSA-
2013-0123, FMCSA-2013-0125, FMCSA-2014-0107, FMCSA-2015-0327, FMCSA-
2015-0328, FMCSA-2015-0329, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-
2018-0139, FMCSA-2019-0109, FMCSA-2019-0111, or FMCSA-2020-0024. Their
exemptions were applicable as of June 17, 2022 and will expire on June
17, 2024.
As of June 18, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Joshua Affholter (MI)
Gantulga Badarach (IL)
Awash Demoz (MD)
Muhammad Javed (IN)
Charles O'Bryan (NY)
Anna Ruiz (AZ)
Kyle Taylor (GA)
The drivers were included in docket number FMCSA-2020-0025. Their
exemptions were applicable as of June 18, 2022 and will expire on June
18, 2024.
As of June 25, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Alfredo Ramirez (TX); Julie Ramirez (TX); and Hayden Teesdale (TX).
The drivers were included in docket number FMCSA-2014-0102. Their
exemptions were applicable as of June 25, 2022 and will expire on June
25, 2024.
As of June 29, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Leroy Carter (OH)
Robert Cates (NM)
Brodey DiPasquale (MD)
Richard Fisher (PA)
Kimberly Foss (OR)
Marcel Paul (WA)
Jason Winemiller (IL)
The drivers were included in docket number FMCSA-2017-0060. Their
[[Page 48751]]
exemptions were applicable as of June 29, 2022 and will expire on June
29, 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 40 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. 2022-17146 Filed 8-9-22; 8:45 am]
BILLING CODE 4910-EX-P
