Qualification of Drivers; Exemption Applications; Hearing, 31094-31095 [2023-10270]
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Federal Register / Vol. 88, No. 93 / Monday, May 15, 2023 / Notices
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I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2013–0124, FMCSA–
2014–0103, FMCSA–2014–0106,
2.375 FMCSA–2014–0385, FMCSA–2015–
0329, FMCSA–2016–0002, FMCSA–
2017–0058, FMCSA–2018–0137, or
2.375 FMCSA–2020–0027) in the keyword box
and click ‘‘Search.’’ Next, sort the
results by ‘‘Posted (Newer-Older),’’
The number assigned to this disaster
choose the first notice listed, and click
for physical damage is 17911 C and for
‘‘Browse Comments.’’ If you do not have
economic injury is 17912 0.
access to the internet, you may view the
(Catalog of Federal Domestic Assistance
docket online by visiting Dockets
Number 59008)
Operations in Room W12–140 on the
Francisco Sa´nchez, Jr.,
ground floor of the DOT West Building,
Associate Administrator, Office of Disaster
1200 New Jersey Avenue SE,
Recovery & Resilience.
Washington, DC 20590–0001, between 9
[FR Doc. 2023–10303 Filed 5–12–23; 8:45 am]
a.m. and 5 p.m. ET Monday through
BILLING CODE 8026–09–P
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
DEPARTMENT OF TRANSPORTATION 9826 before visiting Dockets Operations.
2.375
B. Privacy Act
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0124; FMCSA–
2014–0103; FMCSA–2014–0106; FMCSA–
2014–0385; FMCSA–2015–0329; FMCSA–
2016–0002; FMCSA–2017–0058; FMCSA–
2018–0137; 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 12
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: The exemptions were applicable
on April 21, 2023. The exemptions
expire on April 21, 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 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.
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
19:07 May 12, 2023
Jkt 259001
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.
II. Background
On March 30, 2023, FMCSA
published a notice announcing its
decision to renew exemptions for 12
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
19187). The public comment period
ended on May 1, 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
PO 00000
Frm 00152
Fmt 4703
Sfmt 4703
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 12
renewal exemption applications,
FMCSA announces its decision to
exempt the following drivers from the
hearing requirement in § 391.41 (b)(11).
As of April 21, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 12 individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (88 FR 19188):
Maurice Abenchuchan (FL)
Ivan Batista (NJ)
Prince Bempong (MA)
Richard Boggs (OH)
Keith Byrd (TN)
Perry Cobb (TN)
Nathaniel Godfrey (KY)
Reynaldo Martinez (TX)
Floyd McClain (OH)
David Sanders (IL)
John Turner (CO)
Anthony Witcher (MI)
The drivers were included in docket
numbers FMCSA–2013–0124, FMCSA–
2014–0103, FMCSA–2014–0106,
FMCSA–2014–0385, FMCSA–2015–
0329, FMCSA–2016–0002, FMCSA–
2017–0058, FMCSA–2018–0137, or
FMCSA–2020–0027. Their exemptions
were applicable as of April 21, 2023 and
will expire on April 21, 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
E:\FR\FM\15MYN1.SGM
15MYN1
Federal Register / Vol. 88, No. 93 / Monday, May 15, 2023 / Notices
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. 2023–10270 Filed 5–12–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0018]
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 were applicable
on April 26, 2023. The exemptions
expire on April 26, 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:
ddrumheller on DSK120RN23PROD with NOTICES1
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2023–0018) 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.
VerDate Sep<11>2014
19:07 May 12, 2023
Jkt 259001
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.
II. Background
On March 22, 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
17286). The public comment period
ended on April 21, 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
PO 00000
Frm 00153
Fmt 4703
Sfmt 4703
31095
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
§ 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
E:\FR\FM\15MYN1.SGM
15MYN1
]]>Agencies
[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Notices]
[Pages 31094-31095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10270]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0124; FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-
2014-0385; FMCSA-2015-0329; FMCSA-2016-0002; FMCSA-2017-0058; FMCSA-
2018-0137; 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 12
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: The exemptions were applicable on April 21, 2023. The exemptions
expire on April 21, 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 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-2013-0124, FMCSA-2014-0103, FMCSA-2014-0106, FMCSA-2014-
0385, FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-2017-0058, FMCSA-2018-
0137, 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), 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 March 30, 2023, FMCSA published a notice announcing its decision
to renew exemptions for 12 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 19187). The public comment period ended
on May 1, 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 12 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in Sec. 391.41 (b)(11).
As of April 21, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 12 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (88 FR 19188):
Maurice Abenchuchan (FL)
Ivan Batista (NJ)
Prince Bempong (MA)
Richard Boggs (OH)
Keith Byrd (TN)
Perry Cobb (TN)
Nathaniel Godfrey (KY)
Reynaldo Martinez (TX)
Floyd McClain (OH)
David Sanders (IL)
John Turner (CO)
Anthony Witcher (MI)
The drivers were included in docket numbers FMCSA-2013-0124, FMCSA-
2014-0103, FMCSA-2014-0106, FMCSA-2014-0385, FMCSA-2015-0329, FMCSA-
2016-0002, FMCSA-2017-0058, FMCSA-2018-0137, or FMCSA-2020-0027. Their
exemptions were applicable as of April 21, 2023 and will expire on
April 21, 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
[[Page 31095]]
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. 2023-10270 Filed 5-12-23; 8:45 am]
BILLING CODE 4910-EX-P
