Qualification of Drivers; Exemption Applications; Hearing, 9313-9314 [2023-03044]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Notices By Mail: Nicholas DeLotell, Office of International Affairs, 800 Independence Ave. SW, Washington, DC 20591. By Fax: (202) 267–7198. FOR FURTHER INFORMATION CONTACT: Nicholas DeLotell by email at: nicholas.delotell@faa.gov; phone: (202) 710–1163. 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 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–XXXX. Title: Agency Information Collection Activities: Requests for Comments; Clearance of a New Approval of Information Collection: International Role of the Federal Aviation Administration. Form Numbers: None. Type of Review: Clearance of a new information collection. Background: 49 U.S.C. 40104 requires ‘‘the Administrator to promote and achieve global improvements in the safety, efficiency, and environmental effect of air travel by engaging with foreign counterparts, in the International Civil Aviation Organization (ICAO) and its subsidiary organizations, and other international organizations and fora, and with the private sector.’’ The statute further requires the Administrator to engage bilaterally and multilaterally on an ongoing basis to bolster international collaboration and to harmonize international aviation safety requirements, and to expand the technical assistance provided by the FAA in support of enhancing international aviation safety. This information collection specifically facilitates work and training arrangements with foreign counterparts, ICAO and its subsidiary organizations, other international organizations and fora, and with private entities around the world; it identifies opportunities and unexpected changes; and it ultimately contributes to the fulfillment of the FAA’s mission to provide the safest, most efficient aerospace system in the world. Foreign affairs specialists assigned to the FAA Office of International Affairs VerDate Sep<11>2014 17:10 Feb 10, 2023 Jkt 259001 will collect information from respondents (foreign counterparts, ICAO and its subsidiary organizations, other international organizations and fora, or from private foreign entities) verbally, in-person or telephonically, or in writing via letter, email, or other electronic means. Respondents: 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 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. Frequency: The FAA estimates this collection of information would result in approximately twenty instances of international technical assistance per year. Estimated Average Burden per Response: Given unique requirements the FAA and respondents may have, and the ongoing dialog necessary to conduct work with foreign entities, the FAA estimates a cumulative burden of approximately 4 hours per response. Estimated Total Annual Burden: We estimate 20 responses per year at an average of 4 hours per response, for a total annual hourly burden of 80 hours. We found that these activities are typically performed by the respondents’ equivalent to a FAA foreign affairs specialist, for which the FAA assumes a mid-grade GS–13 salary, Rest of USA locality. Annual salary is $106,955, divided by 2,080 hours for an hourly rate of $51.42. The FAA uses a fringe benefits and overhead cost, for FAA employees, of 100%. This results in a fully loaded wage of $102.84 per hour. The total hourly burden of 80 multiplied by the fully loaded hourly rate of $102.84 results in an annual economic burden of $8,227.20. Issued in Washington, DC, on February 7, 2023. India Pinkney, Executive Director, Office of International Affairs. [FR Doc. 2023–02985 Filed 2–10–23; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 9313 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0154; FMCSA– 2014–0103; FMCSA–2014–0106; FMCSA– 2014–0384; FMCSA–2014–0386; FMCSA– 2015–0328; FMCSA–2016–0002; FMCSA– 2017–0057; FMCSA–2017–0058; FMCSA– 2018–0135; FMCSA–2018–0136; FMCSA– 2019–0111; FMCSA–2020–0028] 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 25 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. SUMMARY: 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: FOR FURTHER INFORMATION CONTACT: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2012–0154, FMCSA– 2014–0103, FMCSA–2014–0106, FMCSA–2014–0384, FMCSA–2014– 0386, FMCSA–2015–0328, FMCSA– 2016–0002, FMCSA–2017–0057, FMCSA–2017–0058, FMCSA–2018– 0135, FMCSA–2018–0136, FMCSA– 2019–0111, or FMCSA–2020–0028) 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 E:\FR\FM\13FEN1.SGM 13FEN1 9314 Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Notices 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), 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. khammond on DSKJM1Z7X2PROD with NOTICES II. Background On January 5, 2023, FMCSA published a notice announcing its decision to renew exemptions for 25 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 (88 FR 902). The public comment period ended on February 6, 2023, 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 that is 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). VerDate Sep<11>2014 17:10 Feb 10, 2023 Jkt 259001 III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based upon its evaluation of the 25 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 January and are discussed below: As of January 15, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 16 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (88 FR 904): Michael Arwood (TN) David Chappelear (TX) Joshua Cogan (MD) Sean Dearsman (OH) Jan Epitacio (CA) Jerry Jones (TX) Robert Knapp (MD) James Laughrey (KS) Christopher McKenzie (TX) Kathy Miller (IA) Ervin Mitchell (TX) Lesley O’Rorke (IL) Gerson Ramirez (MT) William Ranson (AR) William Tassell (OH) Michael Wilkes (MA) The drivers were included in docket numbers FMCSA–2012–0154, FMCSA– 2014–0103, FMCSA–2014–0106, FMCSA–2014–0384, FMCSA–2014– 0386, FMCSA–2016–0002, FMCSA– 2017–0057, FMCSA–2017–0058, FMCSA–2018–0135, FMCSA–2018– 0136, or FMCSA–2019–0111. Their exemptions were applicable as of January 15, 2023 and will expire on January 15, 2025. As of January 22, 2023, 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 (88 FR 904): Hassan Abdi (MN) Gage Burchett (VA) Jeffrey Daniel (NV) Gabriel Despanie (LA) Jaymes Haar (IA) Andrew Hatch (IA) MarcKenzie Loriston (FL) Carlos Sotelo Sanchez (CA) Matthew Spainhoward (KY) The drivers were included in docket numbers FMCSA–2015–0328 or FMCSA–2020–0028. Their exemptions PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 were applicable as of January 22, 2023 and will expire on January 22, 2025. 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. 2023–03044 Filed 2–10–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2023–0017] 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 10 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 March 15, 2023. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2023–0017 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2023–0017) 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. SUMMARY: E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9313-9314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03044]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-
2014-0384; FMCSA-2014-0386; FMCSA-2015-0328; FMCSA-2016-0002; FMCSA-
2017-0057; FMCSA-2017-0058; FMCSA-2018-0135; FMCSA-2018-0136; FMCSA-
2019-0111; FMCSA-2020-0028]


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 25 
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-2012-0154, FMCSA-2014-0103, FMCSA-2014-0106, FMCSA-2014-
0384, FMCSA-2014-0386, FMCSA-2015-0328, FMCSA-2016-0002, FMCSA-2017-
0057, FMCSA-2017-0058, FMCSA-2018-0135, FMCSA-2018-0136, FMCSA-2019-
0111, or FMCSA-2020-0028) 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

[[Page 9314]]

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), 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 January 5, 2023, FMCSA published a notice announcing its 
decision to renew exemptions for 25 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 (88 FR 902). The public 
comment period ended on February 6, 2023, 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 that is 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 no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 25 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 January 
and are discussed below:
    As of January 15, 2023, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 16 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (88 FR 904):

Michael Arwood (TN)
David Chappelear (TX)
Joshua Cogan (MD)
Sean Dearsman (OH)
Jan Epitacio (CA)
Jerry Jones (TX)
Robert Knapp (MD)
James Laughrey (KS)
Christopher McKenzie (TX)
Kathy Miller (IA)
Ervin Mitchell (TX)
Lesley O'Rorke (IL)
Gerson Ramirez (MT)
William Ranson (AR)
William Tassell (OH)
Michael Wilkes (MA)

    The drivers were included in docket numbers FMCSA-2012-0154, FMCSA-
2014-0103, FMCSA-2014-0106, FMCSA-2014-0384, FMCSA-2014-0386, FMCSA-
2016-0002, FMCSA-2017-0057, FMCSA-2017-0058, FMCSA-2018-0135, FMCSA-
2018-0136, or FMCSA-2019-0111. Their exemptions were applicable as of 
January 15, 2023 and will expire on January 15, 2025.
    As of January 22, 2023, 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 (88 FR 904):

Hassan Abdi (MN)
Gage Burchett (VA)
Jeffrey Daniel (NV)
Gabriel Despanie (LA)
Jaymes Haar (IA)
Andrew Hatch (IA)
MarcKenzie Loriston (FL)
Carlos Sotelo Sanchez (CA)
Matthew Spainhoward (KY)

    The drivers were included in docket numbers FMCSA-2015-0328 or 
FMCSA-2020-0028. Their exemptions were applicable as of January 22, 
2023 and will expire on January 22, 2025.
    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. 2023-03044 Filed 2-10-23; 8:45 am]
BILLING CODE 4910-EX-P

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