Qualification of Drivers; Exemption Applications; Hearing, 13491-13492 [2023-04383]
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Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0039]
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 exempt 10 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 February 28, 2023. The exemptions
expire on February 28, 2025.
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
ddrumheller on DSK120RN23PROD with NOTICES1
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2022–0039) 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.
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
VerDate Sep<11>2014
19:33 Mar 02, 2023
Jkt 259001
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.
II. Background
On January 24, 2023, FMCSA
published a notice announcing receipt
of applications from 10 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 (88 FR 4281).
The public comment period ended on
February 23, 2023, and no 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 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).
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
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 also 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
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
13491
maximum duration of a driver’s medical
certification.
The Agency’s decision regarding these
exemption applications is based on
relevant scientific information and
literature, and the 2008 Evidence
Report, ‘‘Executive Summary on
Hearing, Vestibular Function and
Commercial Motor Driving Safety.’’ The
evidence report reached two
conclusions regarding the matter of
hearing loss and CMV driver safety: (1)
no studies that examined the
relationship between hearing loss and
crash risk exclusively among CMV
drivers were identified; and (2) evidence
from studies of the private driver’s
license holder population does not
support the contention that individuals
with hearing impairment are at an
increased risk for a crash. 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
E:\FR\FM\03MRN1.SGM
03MRN1
13492
Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices
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.
VII. Conclusion
Based upon its evaluation of the 10
exemption applications, FMCSA
exempts the following drivers from the
hearing standard; in § 391.41(b)(11),
subject to the requirements cited above:
Elder Berroa (PA)
Joshua Drane (CA)
Jeremy Graslie (AZ)
Geoffrey Head (OH)
Gary Hendrickson (IN)
Timothy Lewey (TX)
Gary MacDonnell (CO)
Ronald Mazzola (MA)
Kenneth Olivo (PA)
Tony Walls (DC)
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. 2023–04383 Filed 3–2–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0051]
Hours of Service of Drivers: John
Olier; Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), (DOT)
ACTION: Notice of application for
exemption; request for comments.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
FMCSA announces that John
Olier requests an exemption from the
11-, 14-, and 70-hour hours of service
(HOS) regulations along with all
‘‘mandatory break’’ periods which
would include the 10-hour and 30minute break requirements. The
applicant requests a permanent
SUMMARY:
VerDate Sep<11>2014
19:33 Mar 02, 2023
Jkt 259001
exemption for himself and believes that
his safe driving record and experience
demonstrate an equivalent level of
safety. FMCSA requests public comment
on the applicant’s request for
exemption.
DATES: Comments must be received on
or before April 3, 2023.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number (FDMS)
FMCSA–2023–0051 by any of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. See the Public
Participation and Request for Comments
section below for further information.
• Mail: Docket 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: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
Each submission must include the
Agency name and the docket number
(FMCSA–2023–0051) for this notice.
Note that DOT posts all comments
received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the 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.
Privacy Act: In accordance with 49
U.S.C. 31315(b), DOT solicits comments
from the public to better inform its
exemption 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 https://
www.transportation.gov/privacy, the
comments are searchable by the name of
the submitter.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; 202–366–4225 or
pearlie.robinson@dot.gov. If you have
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
questions on viewing or submitting
material to the docket, contact Dockets
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2023–0051), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. 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 the Agency
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov and put the docket
number ‘‘FMCSA–2023–0051’’ 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 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, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from certain Federal Motor
Carrier Safety Regulations. FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely achieve a level
E:\FR\FM\03MRN1.SGM
03MRN1
Agencies
[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13491-13492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04383]
[[Page 13491]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0039]
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 exempt 10 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 February 28, 2023. The
exemptions expire on February 28, 2025.
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-2022-0039) 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), 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 24, 2023, FMCSA published a notice announcing receipt of
applications from 10 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 (88 FR
4281). The public comment period ended on February 23, 2023, and no
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 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. 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 also 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, and the 2008
Evidence Report, ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety.'' The evidence report reached two
conclusions regarding the matter of hearing loss and CMV driver safety:
(1) no studies that examined the relationship between hearing loss and
crash risk exclusively among CMV drivers were identified; and (2)
evidence from studies of the private driver's license holder population
does not support the contention that individuals with hearing
impairment are at an increased risk for a crash. 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
[[Page 13492]]
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.
VII. Conclusion
Based upon its evaluation of the 10 exemption applications, FMCSA
exempts the following drivers from the hearing standard; in Sec.
391.41(b)(11), subject to the requirements cited above:
Elder Berroa (PA)
Joshua Drane (CA)
Jeremy Graslie (AZ)
Geoffrey Head (OH)
Gary Hendrickson (IN)
Timothy Lewey (TX)
Gary MacDonnell (CO)
Ronald Mazzola (MA)
Kenneth Olivo (PA)
Tony Walls (DC)
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. 2023-04383 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-EX-P