Qualification of Drivers; Exemption Applications; Hearing, 77158-77160 [2022-27323]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 77158 Federal Register / Vol. 87, No. 241 / Friday, December 16, 2022 / Notices Railroad Company) to approximately milepost 5.8 on the docks at Port Hueneme, and three branches: the 1.05mile Diamond Branch; the 1.71-mile Edison Branch, and the 3.63-mile Patterson Branch in the Port of Hueneme and Oxnard, Cal. (the Line). According to VCRR, it has been operating over the Line since 1998. See Ventura Cnty. R.R.—Lease & Operation Exemption—Ventura Cnty. Ry., FD 33649 (STB served Sept. 24, 1998).1 The verified notice states that the new agreement allows VCRR to continue operating over the Line and revises other commercial terms. VCRR certifies that its projected annual revenue resulting from the proposed transaction will not exceed $5 million and will not exceed those that would qualify it as a Class III rail carrier. VCRR also certifies that the new agreement does not include an interchange commitment. The transaction may be consummated on or after January 1, 2023, the effective date of the exemption (30 days after the verified notice was filed). If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than December 23, 2022 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36651, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on VCRR’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103. According to VCRR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: December 13, 2022. 1 The notice of exemption in Ventura County Railway—Lease & Operation Exemption, FD 33649, slip op. at 1, identifies the end of the main line as milepost 5.7. VerDate Sep<11>2014 20:05 Dec 15, 2022 Jkt 259001 By the Board, Mai T. Dinh, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2022–27429 Filed 12–15–22; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FRA–2022–1712] Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection: Flight Attendant Fatigue Risk Management Plan Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The collection involves submission of Fatigue Risk Management Plans (FRMP) for flight attendants of certificate holders operating under Title 14 of the Code of Federal Regulations (CFR) part 121. The certificate holders will submit the information to be collected to the FAA for review and acceptance as required by the FAA Reauthorization Act of 2018. DATES: Written comments should be submitted by February 14, 2023. ADDRESSES: Please send written comments: By Electronic Docket: www.regulations.gov (Enter docket number into search field). By mail: Sandra Ray, Federal Aviation Administration, Voluntary Programs and Rulemaking Section AFS–260, 1187 Thorn Run Road, Suite 200, Coraopolis, PA 15108. By fax: 412–239–3063. FOR FURTHER INFORMATION CONTACT: Sandra L. Ray by email at: Sandra.ray@ faa.gov; phone: 412–329–3088. SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be SUMMARY: PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 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. OMB Control Number: 2120–0789. Title: Flight Attendant Fatigue Risk Management Plan. Form Numbers: None. Type of Review: Renewal of an information collection. Background: On October 5, 2018, Congress enacted Public Law 115–254, the FAA Reauthorization Act of 2018 (‘‘the Act’’). Section 335(b) of the Act required each certificate holder operating under 14 CFR part 121 to submit to the FAA for review and acceptance a Fatigue Risk Management Plan (FRMP) for each certificate holder’s flight attendants. Section 335(b) contains the required contents of the FRMP, including a rest scheme consistent with current flight time and duty period limitations and development and use of methodology to continually assess the effectiveness of the ability of the plan to improve alertness and mitigate performance errors. Section 335(b) requires that each certificate holder operating under 14 CFR part 121 shall update its FRMP every two years and submit the update to the FAA for review and acceptance. Further, section 335(b) of the Act requires each certificate holder operating under 14 CFR part 121 to comply with its FRMP that is accepted by the FAA. Respondents: 55 Part 121 Air Carriers and 2 new entrants Frequency: 1 initial submission and then updates every 2 years Estimated Average Burden per Response: 20 Hours for Initial Submission, 5 Hours for Updates. Estimated Total Annual Burden: 40 Hours per year for Initial Submission, 275 Hours per year for updates. Issued in Washington, DC on December 14, 2022. Sandra L. Ray, Aviation Safety Inspector, AFS–260. [FR Doc. 2022–27300 Filed 12–15–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2022–0036] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). AGENCY: E:\FR\FM\16DEN1.SGM 16DEN1 Federal Register / Vol. 87, No. 241 / Friday, December 16, 2022 / Notices ACTION: Notice of final disposition. FMCSA announces its decision to exempt 13 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce. DATES: The exemptions are applicable on November 25, 2022. The exemptions expire on November 25, 2024. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001, (202) 366– 4001, fmcsamedical@dot.gov. 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: SUMMARY: I. Public Participation A. 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. lotter on DSK11XQN23PROD with NOTICES1 B. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption requests. 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 (Federal Docket Management System (FDMS)), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background On October 14, 2024, FMCSA published a notice announcing receipt VerDate Sep<11>2014 20:05 Dec 15, 2022 Jkt 259001 of applications from 13 individuals requesting an exemption from the hearing requirement in 49 CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested comments from the public (87 FR 198). The public comment period ended on November 14, 2022, and two comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(11). 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 8, 1971), respectively). III. Discussion of Comments FMCSA received two comments in this proceeding. Both comments were submitted anonymously inquiring about how long it will take for them to receive their exemptions. Exemptions are granted and mailed to the applicants mentioned in this notice upon publication in the Federal Register. IV. Basis for Exemption Determination 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 statutes allow the Agency to renew exemptions at the end of the 5-year period. However, 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 Agency’s decision regarding these exemption applications is based on relevant scientific information and literature, including the 2008 Evidence PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 77159 Report, ‘‘Executive Summary on Hearing, Vestibular Function and Commercial Motor Driving Safety,’’ the 2014 doctoral dissertation by Birgitta Thorslund from the Department of Behavioural Sciences and Learning at Linkoping University, Sweden, entitled ‘‘Effects of Hearing Loss on Traffic Safety and Mobility,’’ and FMCSA’s experience with hearing exemption holders. In addition, the Agency reviewed each applicant’s driving record found in the Commercial Driver’s License Information System, for commercial driver’s license (CDL) holders, and inspections recorded in the Motor Carrier Management Information System. For non-CDL holders, the Agency reviewed the driving records from the State Driver’s Licensing Agency. Each applicant’s record demonstrated a safe driving history. Based on an individual assessment of each applicant that focused on whether an equal or greater level of safety would likely be achieved by permitting each of these drivers to drive in interstate commerce, the Agency finds the drivers granted this exemption have demonstrated that they do not pose a risk to public safety. Consequently, FMCSA finds further that in each case exempting these applicants from the hearing standard in § 391.41(b)(11) would likely achieve a level of safety equal to that existing without the exemption, consistent with the applicable standard in 49 U.S.C. 31315(b)(1). V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and include the following: (1) each driver must report any crashes or accidents as defined in § 390.5T; (2) each driver must report all citations and convictions for disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3) each driver is 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. 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. E:\FR\FM\16DEN1.SGM 16DEN1 77160 Federal Register / Vol. 87, No. 241 / Friday, December 16, 2022 / Notices VII. Conclusion Based upon its evaluation of the 13 exemption applications, FMCSA exempts the following drivers from the hearing standard; in § 391.41(b)(11), subject to the requirements cited above: Frank Darracott (FL) Tonette Garza (FL) Andrew Gibson (TX) Tyler Harmount (CA) Maxwell Latin (MD) Paradise Larizza (OR) Hank Moore (KS) Mayur Motiwale (NJ) Michael Reed (AR) Chad Smith (OH) Justin Turner (TX) Cody Upchurch (TX) Thomas Williamson (IL) 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, 49 U.S.C. chapter 313, or the FMCSRs. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2022–27323 Filed 12–15–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2022–0223] Agency Information Collection Activities; Renewal of a Currently Approved Information Collection: Unified Registration System, FMCSA Registration/Updates Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. FMCSA requests approval to renew the ICR titled ‘‘Unified Registration System, FMCSA Registration/Updates,’’ OMB Control lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 20:05 Dec 15, 2022 Jkt 259001 No. 2126–0051. This ICR applies to new registrants seeking initial operating authority from FMCSA. New registrants seeking operating authority must use online Form MCSA–1, accessible via the Unified Registration System (URS). DATES: Comments on this notice must be received on or before February 14, 2023. ADDRESSES: You may submit comments identified by Federal Docket Management System Docket Number FMCSA–2022–0223 using any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: (202) 493–2251. • 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 or Courier: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC, 20590–0001 between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments, see the Public Participation heading below. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov, and follow the online instructions for accessing the docket, or go to the street address listed above. 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.dot.gov/privacy. Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can obtain electronic submission and retrieval help and guidelines under the ‘‘FAQ’’ section of the Federal eRulemaking Portal website. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket and will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of Registration, Chief, Registration, Licensing, and Insurance Division, DOT, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590–0001; 202–385– 2367; jeff.secrist@dot.gov. SUPPLEMENTARY INFORMATION: Background: FMCSA registers for-hire motor carriers of regulated commodities and of passengers, under 49 U.S.C. 13902(a); surface freight forwarders, under 49 U.S.C. 13903; property brokers, under 49 U.S.C. 13904; and certain Mexico-domiciled motor carriers, under 49 U.S.C. 13902(c). These motor carriers may conduct transportation services in the United States only if they are registered with FMCSA. Each registration is effective from the date specified and remains in effect for such period as the Secretary of Transportation (Secretary) determines by regulations. The final rule titled ‘‘Unified Registration System,’’ (78 FR 52608) dated August 23, 2013, implemented statutory provisions for an online registration system for entities that are subject to FMCSA’s licensing, registration, and certification regulations. URS streamlines the registration process and serves as a clearinghouse and repository of information on motor carriers, brokers, freight forwarders, intermodal equipment providers, hazardous materials safety permit applicants, and cargo tank facilities required to register with FMCSA. When developing URS, FMCSA planned that the OP–1 series of forms (except for OP–1(MX)) would ultimately be folded into one overarching form (MCSA–1), which would be used by all motor carriers seeking authority. FMCSA began a phased rollout of URS in 2015. The first phase, which became effective on December 12, 2015, impacts only first-time applicants seeking an FMCSA-issued registration. FMCSA had planned subsequent rollout phases for existing registrants; however, there have been substantial delays, and subsequent phases have not been rolled out to date. On January 17, 2017, FMCSA issued a final rule titled ‘‘Unified Registration System; Suspension of Effectiveness,’’ which indefinitely suspended URS effectiveness dates for existing registrants only (82 FR 5292). Pursuant to this final rule, FMCSA is still E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Pages 77158-77160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27323]


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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).

[[Page 77159]]


ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 13 individuals from the 
hearing requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate 
commerce. The exemptions enable these hard of hearing and deaf 
individuals to operate CMVs in interstate commerce.

DATES: The exemptions are applicable on November 25, 2022. The 
exemptions expire on November 25, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room 
W64-224, Washington, DC 20590-0001, (202) 366-4001, 
[email protected]. 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. 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.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption requests. 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 (Federal Docket Management System (FDMS)), which can 
be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the 
name of the submitter.

II. Background

    On October 14, 2024, FMCSA published a notice announcing receipt of 
applications from 13 individuals requesting an exemption from the 
hearing requirement in 49 CFR 391.41(b)(11) to operate a CMV in 
interstate commerce and requested comments from the public (87 FR 198). 
The public comment period ended on November 14, 2022, and two comments 
were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these individuals would likely 
achieve a level of safety equivalent to, or greater than, the level 
that would be achieved by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing 
found in Sec.  391.41(b)(11) states that a person is physically 
qualified to drive a CMV if that person first perceives a forced 
whispered voice in the better ear at not less than 5 feet with or 
without the use of a hearing aid or, if tested by use of an audiometric 
device, does not have an average hearing loss in the better ear greater 
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a 
hearing aid when the audiometric device is calibrated to American 
National Standard (formerly ASA Standard) Z24.5--1951.
    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 8, 1971), 
respectively).

III. Discussion of Comments

    FMCSA received two comments in this proceeding. Both comments were 
submitted anonymously inquiring about how long it will take for them to 
receive their exemptions. Exemptions are granted and mailed to the 
applicants mentioned in this notice upon publication in the Federal 
Register.

IV. Basis for Exemption Determination

    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 statutes allow the Agency to renew exemptions at the end 
of the 5-year period. However, 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 Agency's decision regarding these exemption applications is 
based on relevant scientific information and literature, including the 
2008 Evidence Report, ``Executive Summary on Hearing, Vestibular 
Function and Commercial Motor Driving Safety,'' the 2014 doctoral 
dissertation by Birgitta Thorslund from the Department of Behavioural 
Sciences and Learning at Linkoping University, Sweden, entitled 
``Effects of Hearing Loss on Traffic Safety and Mobility,'' and FMCSA's 
experience with hearing exemption holders. In addition, the Agency 
reviewed each applicant's driving record found in the Commercial 
Driver's License Information System, for commercial driver's license 
(CDL) holders, and inspections recorded in the Motor Carrier Management 
Information System. For non-CDL holders, the Agency reviewed the 
driving records from the State Driver's Licensing Agency. Each 
applicant's record demonstrated a safe driving history. Based on an 
individual assessment of each applicant that focused on whether an 
equal or greater level of safety would likely be achieved by permitting 
each of these drivers to drive in interstate commerce, the Agency finds 
the drivers granted this exemption have demonstrated that they do not 
pose a risk to public safety.
    Consequently, FMCSA finds further that in each case exempting these 
applicants from the hearing standard in Sec.  391.41(b)(11) would 
likely achieve a level of safety equal to that existing without the 
exemption, consistent with the applicable standard in 49 U.S.C. 
31315(b)(1).

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and include the following: (1) 
each driver must report any crashes or accidents as defined in Sec.  
390.5T; (2) each driver must report all citations and convictions for 
disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3) 
each driver is 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.

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.

[[Page 77160]]

VII. Conclusion

    Based upon its evaluation of the 13 exemption applications, FMCSA 
exempts the following drivers from the hearing standard; in Sec.  
391.41(b)(11), subject to the requirements cited above:

Frank Darracott (FL)
Tonette Garza (FL)
Andrew Gibson (TX)
Tyler Harmount (CA)
Maxwell Latin (MD)
Paradise Larizza (OR)
Hank Moore (KS)
Mayur Motiwale (NJ)
Michael Reed (AR)
Chad Smith (OH)
Justin Turner (TX)
Cody Upchurch (TX)
Thomas Williamson (IL)

    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, 49 
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-27323 Filed 12-15-22; 8:45 am]
BILLING CODE 4910-EX-P
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