Qualification of Drivers; Exemption Applications; Hearing, 31843-31845 [2023-10634]
Download as PDF
Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, 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 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:
lotter on DSK11XQN23PROD with NOTICES1
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2023–0042),
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
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=FMCSA2023-0042. 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.
VerDate Sep<11>2014
19:05 May 17, 2023
Jkt 259001
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2023–0042) 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 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), 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
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. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The one individual listed in this
notice has requested an exemption from
§ 391.41(b)(4). Accordingly, the Agency
will evaluate the qualifications of the
applicant to determine whether granting
the exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
found in § 391.41(b)(4) states that a
person is physically qualified to drive a
CMV if that person has no current
clinical diagnosis of myocardial
infarction, angina pectoris, coronary
insufficiency, thrombosis, or any other
cardiovascular disease of a variety
known to be accompanied by syncope,
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Fmt 4703
Sfmt 4703
31843
dyspnea, collapse, or congestive cardiac
failure.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. The
advisory criteria states that ICDs are
disqualifying due to risk of syncope.
III. Qualifications of Applicants
Nicholas Steffler
Nicholas Steffler is a class B driver’s
license holder in North Carolina. An
October 10, 2022, letter from Nicholas
Steffler’s cardiologist reports that their
ICD was prophylactically implanted on
June 18, 2018, because of a positive
family history of premature sudden
death. Nicholas Steffler’s cardiologist
also reports no ICD shock history or
syncopal episodes and that annual
stress tests and other diagnostic imaging
remain unchanged from prior
evaluations.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
under the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–10608 Filed 5–17–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0154;
FMCSA–2013–0124; FMCSA–2014–0102;
FMCSA–2014–0103; FMCSA–2014–0104;
FMCSA–2014–0106; FMCSA–2014–0107;
FMCSA–2015–0328; FMCSA–2016–0003;
FMCSA–2018–0135; FMCSA–2018–0136;
FMCSA–2018–0137; FMCSA–2020–0027;
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:
1 These criteria may be found in 49 CFR part 391,
Appendix A to Part 391—Medical Advisory
Criteria, Section D. Cardiovascular: § 391.41(b)(4),
paragraph 4, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
E:\FR\FM\18MYN1.SGM
18MYN1
31844
Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices
FMCSA announces its
decision to renew exemptions for 28
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, 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:
I. Public Participation
lotter on DSK11XQN23PROD with NOTICES1
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2012–0154, FMCSA–
2013–0124, FMCSA–2014–0102,
FMCSA–2014–0103, FMCSA–2014–
0104, FMCSA–2014–0106, FMCSA–
2014–0107, FMCSA–2015–0328,
FMCSA–2016–0003, FMCSA–2018–
0135, FMCSA–2018–0136, FMCSA–
2018–0137, FMCSA–2020–0027, 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 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
VerDate Sep<11>2014
19:05 May 17, 2023
Jkt 259001
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 1, 2023, FMCSA published
a notice announcing its decision to
renew exemptions for 28 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
13007). The public comment period
ended on March 31, 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).
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Conclusion
Based upon its evaluation of the 28
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 March and are discussed
below:
As of March 3, 2023, 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 (88 FR 13007):
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Frm 00176
Fmt 4703
Sfmt 4703
Kevin Beacham (MD)
Mark Cole (MD)
Joseph Conversa (IL)
Chauncey Crawford (OH)
Tyjuan Davis (VA)
John Dumars (FL)
Scott Friede (TX)
Calvin Gousby (NV)
Joshua Johnson (CO)
Kimothy McLoed (GA)
Dustin R. Miller, (MI)
Taryn Peterson (IA)
Nolen Soler (NE)
Brandon Veronie (LA)
The drivers were included in docket
numbers FMCSA–2012–0154, FMCSA–
2014–0103, FMCSA–2014–0106,
FMCSA–2015–0328, FMCSA–2016–
0003, FMCSA–2018–0135, FMCSA–
2018–0136, FMCSA–2020–0027, or
FMCSA–2020–0028. Their exemptions
were applicable as of March 3, 2023 and
will expire on March 3, 2025.
As of March 10, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (88 FR 13007):
Susan D. Helgerson (WI) and David A.
Helgerson (WI).
The drivers were included in docket
number FMCSA–2013–0124. Their
exemptions were applicable as of March
10, 2023 and will expire on March 10,
2025.
As of March 13, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (88 FR 13007):
John L. Huey (GA) and Scott M. Putnam
(FL)
The drivers were included in docket
number FMCSA–2014–0107. Their
exemptions were applicable as of March
13, 2023 and will expire on March 13,
2025.
As of March 19, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), Victor H. Morales (TX) has
satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (88 FR 13008).
This driver was included in docket
number FMCSA–2014–0106. The
exemption was applicable as of March
19, 2023 and will expire on March 19,
2025.
As of March 22, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following three
individuals have satisfied the renewal
conditions for obtaining an exemption
E:\FR\FM\18MYN1.SGM
18MYN1
Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices
from the hearing requirement in the
FMCSRs for interstate CMV drivers (88
FR 13007):
William B. Britt (TN); Lawrence Hung
K. Lam (CA); and Phillip P. Shook
(MS)
The drivers were included in docket
number FMCSA–2018–0137. Their
exemptions were applicable as of March
22, 2023 and will expire on March 22,
2025.
As of March 29, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following six individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (88 FR 13008):
Jeremy Brandyberry (NE)
Kenneth Harris (TX)
Joseph Kelly (PA)
Timothy Laporte (SC)
Brandon Londo (TX)
Jesse Shelander (TX)
The drivers were included in docket
numbers FMCSA–2013–0124, FMCSA–
2014–0102, FMCSA–2014–0103,
FMCSA–2014–0104, or FCMSA–2014–
0106. Their exemptions were applicable
as of March 29, 2023 and will expire on
March 29, 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. 2023–10634 Filed 5–17–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
lotter on DSK11XQN23PROD with NOTICES1
Fiscal Year 2023 Competitive Funding
Opportunity: Passenger Ferry Grant
Program and Ferry Service for Rural
Communities Program
Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION: Notice of funding opportunity
(NOFO).
AGENCY:
The Federal Transit
Administration (FTA) announces the
SUMMARY:
VerDate Sep<11>2014
19:05 May 17, 2023
Jkt 259001
opportunity to apply for $220.2 million
in competitive grants under the Fiscal
Year (FY) 2023 Passenger Ferry Grant
Program (Passenger Ferry Program) and
Ferry Service for Rural Communities
Program (Rural Ferry Program). Of the
amount being made available, $50.1
million is for the Passenger Ferry
Program and approximately $170
million is for the Rural Ferry Program.
FTA may award additional funding
made available to the program prior to
the announcement of project selections.
DATES: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. Eastern time July 17, 2023.
Prospective applicants should initiate
the process by promptly registering on
the GRANTS.GOV website to ensure
completion of the application process
before the submission deadline.
Instructions for applying can be found
on FTA’s website at https://
www.transit.dot.gov/funding/grants/
applying/applying-fta-funding and in
the ‘‘FIND’’ module of GRANTS.GOV.
The funding opportunity ID for the
Passenger Ferry Program is FTA–2023–
007–TPM-PassFerry and the funding
opportunity ID for the Rural Ferry
Program is FTA–2023–008–TPM-Rural
Ferry. Mail and fax submissions will not
be accepted.
FOR FURTHER INFORMATION CONTACT:
FTAFerryPrograms@dot.gov or Vanessa
Williams, FTA Office of Program
Management, (202) 366–4818, or Sarah
Clements, FTA Office of Program
Management, (202) 366–3062.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
This Notice of Funding Opportunity
(NOFO) announces the availability of
FY 2023 funding for the Passenger Ferry
Grant Program (Passenger Ferry
Program) and Ferry Service for Rural
Communities Program (Rural Ferry
Program). Both programs can be found
in Federal Assistance Listing: 20.532.
Federal public transportation law (49
U.S.C. 5307(h)) authorizes FTA to award
grants for passenger ferries through a
competitive process. The Passenger
Ferry Program provides funding to
designated recipients and direct
recipients under FTA’s Urbanized Area
PO 00000
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Fmt 4703
Sfmt 4703
31845
Formula Program, as well as public
entities engaged in providing public
transportation passenger ferry service in
urban areas that are eligible to be direct
recipients. Projects funded under the
program will improve the condition and
quality of existing passenger ferry
services, support the establishment of
new passenger ferry services, and repair
and modernize ferry boats, terminals,
and related facilities and equipment.
Section 71103 of the Infrastructure
Investment and Jobs Act (the
‘‘Bipartisan Infrastructure Law’’ or
‘‘BIL’’) (Pub. L. 117–58) authorizes FTA
to award grants for the Rural Ferry
Program through a competitive process,
as described in this notice. The Rural
Ferry Program provides funding for
capital, operating, and planning
expenses to States and territories for
ferry service to rural areas. Projects
funded under this program will support
ferry transportation service that
operated a regular schedule at any time
during the five-year period from March
1, 2015, to March 1, 2020, and includes
at least one route segment of at least 50
sailing (nautical) miles between two
rural areas. The Consolidated
Appropriations Act, 2023, (Pub. L. 117–
328) provides an additional $17,500,000
for ferry service meeting the above
criteria, except it is only required to
serve at least two rural areas with a
single route segment over 20 miles
between the two rural areas and does
not attribute data to an urbanized area
in the National Transit Database for
ferry service.
FTA recognizes that passenger ferries
provide critical and cost-effective
transportation links throughout the
United States but face a critical backlog
of state of good repair and safety
investments. These programs support
FTA’s priorities and objectives through
investments that (1) renew our transit
systems, (2) reduce greenhouse gas
emissions from public transportation,
(3) advance racial equity by removing
transportation related disparities to all
populations within a project area and
increasing equitable access to project
benefits, (4) maintain and create goodpaying jobs with a free and fair choice
to join a union, and (5) connect
communities by increasing access to
affordable transportation options.
FTA seeks to fund projects under the
Passenger Ferry and Rural Ferry
Programs that:
• Reduce greenhouse gas emissions in
the transportation sector, incorporate
evidence-based climate resilience
measures and features, reduce the
lifecycle greenhouse gas emissions from
the project materials, and avoid adverse
environmental impacts to air or water
E:\FR\FM\18MYN1.SGM
18MYN1
Agencies
[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Pages 31843-31845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10634]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0154; FMCSA-2013-0124; FMCSA-2014-0102; FMCSA-
2014-0103; FMCSA-2014-0104; FMCSA-2014-0106; FMCSA-2014-0107; FMCSA-
2015-0328; FMCSA-2016-0003; FMCSA-2018-0135; FMCSA-2018-0136; FMCSA-
2018-0137; FMCSA-2020-0027; 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.
-----------------------------------------------------------------------
[[Page 31844]]
SUMMARY: FMCSA announces its decision to renew exemptions for 28
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-2013-0124, FMCSA-2014-0102, FMCSA-2014-
0103, FMCSA-2014-0104, FMCSA-2014-0106, FMCSA-2014-0107, FMCSA-2015-
0328, FMCSA-2016-0003, FMCSA-2018-0135, FMCSA-2018-0136, FMCSA-2018-
0137, FMCSA-2020-0027, 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 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 1, 2023, FMCSA published a notice announcing its decision
to renew exemptions for 28 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 13007). The public comment period ended
on March 31, 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 28 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 March and
are discussed below:
As of March 3, 2023, 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 (88 FR 13007):
Kevin Beacham (MD)
Mark Cole (MD)
Joseph Conversa (IL)
Chauncey Crawford (OH)
Tyjuan Davis (VA)
John Dumars (FL)
Scott Friede (TX)
Calvin Gousby (NV)
Joshua Johnson (CO)
Kimothy McLoed (GA)
Dustin R. Miller, (MI)
Taryn Peterson (IA)
Nolen Soler (NE)
Brandon Veronie (LA)
The drivers were included in docket numbers FMCSA-2012-0154, FMCSA-
2014-0103, FMCSA-2014-0106, FMCSA-2015-0328, FMCSA-2016-0003, FMCSA-
2018-0135, FMCSA-2018-0136, FMCSA-2020-0027, or FMCSA-2020-0028. Their
exemptions were applicable as of March 3, 2023 and will expire on March
3, 2025.
As of March 10, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (88 FR 13007):
Susan D. Helgerson (WI) and David A. Helgerson (WI).
The drivers were included in docket number FMCSA-2013-0124. Their
exemptions were applicable as of March 10, 2023 and will expire on
March 10, 2025.
As of March 13, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (88 FR 13007):
John L. Huey (GA) and Scott M. Putnam (FL)
The drivers were included in docket number FMCSA-2014-0107. Their
exemptions were applicable as of March 13, 2023 and will expire on
March 13, 2025.
As of March 19, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), Victor H. Morales (TX) has satisfied the renewal conditions
for obtaining an exemption from the hearing requirement in the FMCSRs
for interstate CMV drivers (88 FR 13008).
This driver was included in docket number FMCSA-2014-0106. The
exemption was applicable as of March 19, 2023 and will expire on March
19, 2025.
As of March 22, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following three individuals have satisfied the renewal
conditions for obtaining an exemption
[[Page 31845]]
from the hearing requirement in the FMCSRs for interstate CMV drivers
(88 FR 13007):
William B. Britt (TN); Lawrence Hung K. Lam (CA); and Phillip P. Shook
(MS)
The drivers were included in docket number FMCSA-2018-0137. Their
exemptions were applicable as of March 22, 2023 and will expire on
March 22, 2025.
As of March 29, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (88 FR 13008):
Jeremy Brandyberry (NE)
Kenneth Harris (TX)
Joseph Kelly (PA)
Timothy Laporte (SC)
Brandon Londo (TX)
Jesse Shelander (TX)
The drivers were included in docket numbers FMCSA-2013-0124, FMCSA-
2014-0102, FMCSA-2014-0103, FMCSA-2014-0104, or FCMSA-2014-0106. Their
exemptions were applicable as of March 29, 2023 and will expire on
March 29, 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. 2023-10634 Filed 5-17-23; 8:45 am]
BILLING CODE 4910-EX-P