Qualification of Drivers; Exemption Applications; Hearing, 77914-77915 [2022-27540]

Download as PDF 77914 Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices Ronald Hartl (WI) and Michael Miller (WI). The drivers were included in docket number FMCSA–2013–0443. Their exemptions were applicable as of May 19, 2022 and will expire on May 19, 2024. As of May 30, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), Nathan Kanouff (GA) has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers. This driver was included in docket number FMCSA–2018–0051. The exemption was applicable as of May 30, 2022 and will expire on May 30, 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). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2022–27539 Filed 12–19–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0329; FMCSA– 2016–0002; FMCSA–2017–0058; FMCSA– 2017–0059; FMCSA–2017–0061; FMCSA– 2018–0135; FMCSA–2018–0138; FMCSA– 2020–0027] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 23 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 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:41 Dec 19, 2022 Jkt 259001 dates stated in the discussions below and will expire on the dates provided below. 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 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–2015–0329, FMCSA– 2016–0002, FMCSA–2017–0058, FMCSA–2017–0059, FMCSA–2017– 0061, FMCSA–2018–0135, FMCSA– 2018–0138, or FMCSA–2020–0027) 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-systemrecords-notices, the comments are searchable by the name of the submitter. Background On November 1, 2022, FMCSA published a notice announcing its decision to renew exemptions for 23 individuals from the hearing standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested comments from the public (87 FR 65849). The public comment period PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 ended on December 1, 2022, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions 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). II. Discussion of Comments FMCSA received no comments in this proceeding. III. Conclusion Based upon its evaluation of the 23 renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41 (b)(11). In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of October and are discussed below: As of October 13, 2022, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 14 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (87 FR 65849): Matthew Albrecht (PA) Cory Adkins (FL) Richard Blaine (PA) Jacquelyn Hetherington (OK) Agustin Hernandez (TX) Andrew Hippler (ID) Scott Lufkin (NC) Paul Mansfield (KS) Berenice Martinez (TX) Jose Ramirez (IL) Thomas Sneer (MN) E:\FR\FM\20DEN1.SGM 20DEN1 Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices Daniel Stroud (UT) Michael Sweet (GA) Jason Wynne (TX) The drivers were included in docket number FMCSA–2015–0329, FMCSA– 2016–0002, FMCSA–2017–0058, FMCSA–2017–0059, FMCSA–2017– 0061, FMCSA–2018–0135, and FMCSA– 2018–0138. Their exemptions were applicable as of October 13, 2022 and will expire on October 13, 2024. As of October 30, 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 (87 FR 65849): Adrian Almanza (IL) Jimmy Benavides (TX) James Bryan (AR) William Heath (NC) Kenneth Morrison (NY) Darren Norton (MO) Marty Posey (IN) Anthony Vasquez (TX) Daniel Zeolla (PA) The drivers were included in docket number FMCSA–2020–0027. Their exemptions were applicable as of October 30, 2022 and will expire on October 30, 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, 49 U.S.C. chapter 313, or the FMCSRs. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2022–27540 Filed 12–19–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration I. Public Participation lotter on DSK11XQN23PROD with NOTICES1 [Docket No. FMCSA–2022–0038] A. Submitting Comments 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: VerDate Sep<11>2014 18:41 Dec 19, 2022 Jkt 259001 FMCSA announces receipt of applications from 15 individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before January 19, 2023. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2022–0038 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2022–0038) 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, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001, (202) 366– 4001, fmcsamedical@dot.gov. 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: SUMMARY: If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2022–0038), 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 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 77915 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=FMCSA2022-0038. 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. 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–2022–0038) 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. C. 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 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 E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77914-77915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27540]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0329; FMCSA-2016-0002; FMCSA-2017-0058; FMCSA-
2017-0059; FMCSA-2017-0061; FMCSA-2018-0135; FMCSA-2018-0138; FMCSA-
2020-0027]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 23 
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.

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 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-2015-0329, FMCSA-2016-0002, FMCSA-2017-0058, FMCSA-2017-
0059, FMCSA-2017-0061, FMCSA-2018-0135, FMCSA-2018-0138, or FMCSA-2020-
0027) 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.
Background
    On November 1, 2022, FMCSA published a notice announcing its 
decision to renew exemptions for 23 individuals from the hearing 
standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate 
commerce and requested comments from the public (87 FR 65849). The 
public comment period ended on December 1, 2022, and no comments were 
received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions 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).

II. Discussion of Comments

    FMCSA received no comments in this proceeding.

III. Conclusion

    Based upon its evaluation of the 23 renewal exemption applications, 
FMCSA announces its decision to exempt the following drivers from the 
hearing requirement in


Sec.  391.41  (b)(11).

    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of October 
and are discussed below:
    As of October 13, 2022, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 14 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (87 FR 65849):


Matthew Albrecht (PA)

Cory Adkins (FL)

Richard Blaine (PA)

Jacquelyn Hetherington (OK)

Agustin Hernandez (TX)

Andrew Hippler (ID)

Scott Lufkin (NC)

Paul Mansfield (KS)

Berenice Martinez (TX)

Jose Ramirez (IL)

Thomas Sneer (MN)

[[Page 77915]]


Daniel Stroud (UT)

Michael Sweet (GA)

Jason Wynne (TX)

    The drivers were included in docket number FMCSA-2015-0329, FMCSA-
2016-0002, FMCSA-2017-0058, FMCSA-2017-0059, FMCSA-2017-0061, FMCSA-
2018-0135, and FMCSA-2018-0138. Their exemptions were applicable as of 
October 13, 2022 and will expire on October 13, 2024.
    As of October 30, 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 (87 FR 65849):


Adrian Almanza (IL)

Jimmy Benavides (TX)

James Bryan (AR)

William Heath (NC)

Kenneth Morrison (NY)

Darren Norton (MO)

Marty Posey (IN)

Anthony Vasquez (TX)

Daniel Zeolla (PA)

    The drivers were included in docket number FMCSA-2020-0027. Their 
exemptions were applicable as of October 30, 2022 and will expire on 
October 30, 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, 49 
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-27540 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-EX-P
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