Qualification of Drivers; Exemption Applications; Hearing, 62488-62489 [2022-22341]

Download as PDF 62488 Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Notices 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 (87 FR 48749): 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 (87 FR 48749): 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 exemptions were applicable as of June 29, 2022 and will expire on June 29, 2024. 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). jspears on DSK121TN23PROD with NOTICES Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2022–22342 Filed 10–13–22; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 17:22 Oct 13, 2022 Jkt 259001 DEPARTMENT OF TRANSPORTATION material to the docket, contact Dockets Operations, (202) 366–9826. Federal Motor Carrier Safety Administration SUPPLEMENTARY INFORMATION: [Docket No. FMCSA–2022–0036] I. Public Participation Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from 13 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 November 14, 2022. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2022–0036 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2022–0036, 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 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting SUMMARY: PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2022–0036), 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/docket?D=FMCSA2022-0036. 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–2022–0036, 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 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. E:\FR\FM\14OCN1.SGM 14OCN1 Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Notices C. Privacy Act jspears on DSK121TN23PROD with NOTICES 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, the comments are searchable by the name of the submitter. 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. 62489 business on the closing date indicated under the DATES section of the notice. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2022–22341 Filed 10–13–22; 8:45 am] BILLING CODE 4910–EX–P III. Qualifications of Applicants Frank Darracott DEPARTMENT OF TRANSPORTATION Mr. Darracott, 54, holds a class A commercial learner’s permit in Florida. National Highway Traffic Safety Administration II. Background Tonnette Garza [Docket No. NHTSA–2021–0032] 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 13 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 § 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). 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 Ms. Garza, 44, holds a class E driver’s license in Florida. Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Consolidated Vehicles’ Owner’s Manual Requirements for Motor Vehicles and Motor Vehicle Equipment VerDate Sep<11>2014 17:22 Oct 13, 2022 Jkt 259001 Andrew Gibson Mr. Gibson, 35, holds a class C driver’s license in Texas. Tyler Harmount Mr. Harmount, 22, holds a class C driver’s license in California. Maxwell Latin Mr. Latin, 31, holds a class C driver’s license in Maryland. Paradise Larizza Ms. Larizza, 28, holds a class C driver’s license in Oregon. Hank Moore Mr. Moore, 56, holds a class C driver’s license in Kansas. Mayur Motiwale Mr. Motiwale, 41, holds a class D driver’s license in New Jersey. Michael Reed Mr. Reed, 61, holds a class A commercial driver’s license in Arkansas. Chad Smith Mr. Smith, 43, holds a class D driver’s license in Ohio. Justin Turner Mr. Turner, 23, holds a class C driver’s license in Texas. Cody Upchurch Mr. Upchurch, 44, holds a class C driver’s license in Texas. Thomas Williamson Mr. Williamson, 22, holds a class D driver’s license in Illinois. 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 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice and request for comments on a reinstatement with modification of a previously approved information collection. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) summarized below will be submitted to the Office of Management and Budget (OMB) for review and approval. The ICR describes the nature of the information collection and its expected burden. This document describes a collection of information for which NHTSA intends to seek OMB approval on Vehicle Owner’s Manual Requirements for Motor Vehicles and Motor Vehicle Equipment. DATES: Comments must be submitted on or before November 14, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection, including suggestions for reducing burden, should be submitted to the Office of Management and Budget at www.reginfo.gov/public/do/PRAMain. To find this particular information collection, select ‘‘Currently under Review—Open for Public Comment’’ or use the search function. FOR FURTHER INFORMATION CONTACT: For additional information or access to background documents, contact James Myers, NHTSA, 1200 New Jersey Avenue SE, West Building, Room W43– 320, NRM–100, Washington, DC 20590. Mr. Myers’ telephone number is 202– 493–0031. Please identify the relevant collection of information by referring to its OMB Control Number. SUMMARY: E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Notices]
[Pages 62488-62489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22341]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0036]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 13 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 November 14, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2022-0036 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2022-0036, 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 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-2022-0036), 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/docket?D=FMCSA-2022-0036. 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-2022-0036, 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.

[[Page 62489]]

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, 
the comments are searchable by the name of the submitter.

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 13 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 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).
    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

Frank Darracott

    Mr. Darracott, 54, holds a class A commercial learner's permit in 
Florida.

Tonnette Garza

    Ms. Garza, 44, holds a class E driver's license in Florida.

Andrew Gibson

    Mr. Gibson, 35, holds a class C driver's license in Texas.

Tyler Harmount

    Mr. Harmount, 22, holds a class C driver's license in California.

Maxwell Latin

    Mr. Latin, 31, holds a class C driver's license in Maryland.

Paradise Larizza

    Ms. Larizza, 28, holds a class C driver's license in Oregon.

Hank Moore

    Mr. Moore, 56, holds a class C driver's license in Kansas.

Mayur Motiwale

    Mr. Motiwale, 41, holds a class D driver's license in New Jersey.

Michael Reed

    Mr. Reed, 61, holds a class A commercial driver's license in 
Arkansas.

Chad Smith

    Mr. Smith, 43, holds a class D driver's license in Ohio.

Justin Turner

    Mr. Turner, 23, holds a class C driver's license in Texas.

Cody Upchurch

    Mr. Upchurch, 44, holds a class C driver's license in Texas.

Thomas Williamson

    Mr. Williamson, 22, holds a class D driver's license in Illinois.

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. 2022-22341 Filed 10-13-22; 8:45 am]
BILLING CODE 4910-EX-P

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