Qualification of Drivers; Exemption Applications; Hearing, 56913-56915 [2023-17940]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices
New York Airports District Office at 1
Aviation Plaza, Room 111, Jamaica, New
York 11434.
The Port Authority submitted the
EWR NEMs, descriptions, and other
documentation produced during the
noise compatibility planning study to
the FAA and the FAA determined that
the EWR NEMs were in compliance
with applicable requirements under 14
CFR 150, effective January 15, 2019
(Noise Exposure Map Notice for Newark
Liberty International Airport, Newark,
New Jersey, volume 84, Federal
Register, pages 27183–4, June 11, 2019).
The FAA formally received the NCP
based on the accepted NEMs for EWR
on August 8, 2022. The Port Authority
requested that the FAA review the
submitted material and that the noise
mitigation measures, to be implemented
jointly by the Port Authority and
surrounding communities, be approved
as a NCP. The formal review period,
limited by law to a maximum of 180
days with the exception of noise
abatement procedures, was initiated on
August 19, 2022. Notice of the intent to
review the NCP was published in the
Federal Register on August 24, 2022
(Notice of Receipt and Request for
Review of Noise Compatibility Program,
volume 87, Federal Register, page
52105, August 24, 2022). That Federal
Register Notice also announced the start
of a 60-day period of public review for
the NCP documentation. The FAA
received no comments from interested
parties during the public review period.
The EWR NCP is comprised of actions
designed for phased implementation by
Port Authority and adjacent
jurisdictions within the next one to five
years. FAA evaluated and approved this
material as a noise compatibility
program as described in 49 U.S.C.
47504. The submitted NCP contained 28
proposed measures to minimize impacts
of aviation noise on and off the airport.
The FAA completed its review and
determined that the procedural and
substantive requirements of the 49
U.S.C. 47504 and 14 CFR part 150 were
satisfied. A ROA for the overall program
was issued by the FAA effective
February 15, 2023 (Approval of Newark
Liberty International Airport (EWR)
Noise Compatibility Program, volume
88, Federal Register, pages 10617–9,
February 21, 2023). The individual
determinations for the specific program
elements from the ROA issued February
15, 2023 that are the subject of the
Supplemental ROA were:
Noise Abatement Measure 2: Continue
Use of Easterly Departure Headings on
Runways 4L and 4R—No Action
Required at This Time. This measure
relates to flight procedures under title
VerDate Sep<11>2014
18:17 Aug 18, 2023
Jkt 259001
49 U.S.C. 47504(b). In accordance with
14 CFR part 150.35(a), additional
coordination will be occurring with the
Air Traffic Organization and a
Supplemental Record of Approval with
FAA’s final decision on this proposed
measure will be issued on or before
August 14, 2023.
Noise Abatement Measure 4:
Determine and Implement Optimal
Easterly Departure Headings on
Runways 4L and 4R—No Action
Required at This Time. This measure
relates to flight procedures under Title
49 U.S.C. 47504(b). In accordance with
14 CFR part 150.35(a), additional
coordination will be occurring with the
Air Traffic Organization and a
Supplemental Record of Approval with
FAA’s final decision on this proposed
measure will be issued on or before
August 14, 2023.
Noise Abatement Measure 6:
Encourage Use of FAA-prescribed
Distant Noise Abatement Departure
Profile Procedures on a Voluntary
Basis—Disapproved for Purposes of part
150.
Noise Abatement Measure 12:
Implement Nighttime ‘‘New Jersey
Turnpike’’ Departure Procedures for
Runways 22L and 22R—No Action
Required at This Time. This measure
relates to flight procedures under Title
49 U.S.C. 47504(b). In accordance with
14 CFR part 150.35(a), additional
coordination will be occurring with the
Air Traffic Organization and a
Supplemental Record of Approval with
FAA’s final decision on this proposed
measure will be issued on or before
August 14, 2023.
Consultation with the FAA’s Air
Traffic Organization was conducted for
the three Noise Abatement Measures
(Measures 2, 4, and 12) identified as
requiring additional review. The
Supplemental ROA includes decisions
on these three measures. Additionally,
following issuance of the ROA on
February 15, 2023, the Port Authority
requested that the FAA revisit the
decision for Noise Abatement Measure
6, indicating that the rationale for
disapproval of the proposed Noise
Abatement Departure Procedures
(NADP) originally provided contained
an error. The ROA stated that
‘‘Documentation provided in support of
this measure by the Port Authority did
not include analysis comparing
implementation of the measure to the
accepted EWR NEM, rather it included
a comparative analysis of
implementation of potential NADP 1
and NADP 2 procedures at EWR.’’ After
review, the FAA determined that this
was an oversight due to a differing
approach in analysis used at EWR in
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56913
comparison to that done for the recently
approved NCP for LaGuardia Airport
and that the EWR NCP documentation
did include the required analysis. This
Supplemental ROA also includes a
revised decision on this measure. The
specific program elements within the
Supplemental ROA and their individual
determinations are as follows:
Noise Abatement Measure 2:
Disapproved.
Noise Abatement Measure 4:
Disapproved.
Noise Abatement Measure 6:
Encourage Use of FAA-prescribed
Distant Noise Abatement Departure
Profile Procedures on a Voluntary
Basis—Approved as Voluntary.
Noise Abatement Measure 12:
Implement Nighttime ‘‘New Jersey
Turnpike’’ Departure Procedures for
Runways 22L and 22R—Disapproved.
These determinations are set forth in
detail in the Supplemental ROA signed
by the FAA Airports Eastern Division
Director on August 14, 2023. The
Supplemental ROA pertains to the listed
measures only, and does not change the
decisions made by the FAA in the ROA
for the NCP dated February 15, 2023 for
the measures not contained within the
Supplemental ROA. The Supplemental
ROA, as well as other evaluation
materials and the documents
comprising the original submittal, are
available for review at the FAA office
listed above. The Supplemental ROA
also will be available on the internet on
the FAA’s website at https://
www.faa.gov/airports/environmental/
airport_noise/part_150/states/ and the
Port Authority of New York and New
Jersey’s website at https://
panynjpart150.com/EWR_
documents.asp.
Issued in Jamaica, NY, on August 16, 2023.
David A. Fish,
Director, Airports Division Eastern Region.
[FR Doc. 2023–17917 Filed 8–18–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0022]
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 11 individuals for an
SUMMARY:
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56914
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices
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 September 20, 2023.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2023–0022 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2023–0022) in the
keyword box and click ‘‘Search.’’ Next,
choose the only 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, Washington, DC 20590–
0001.
• Hand Delivery: West Building
Ground Floor, 1200 New Jersey Avenue
SE, Washington, DC 20590–0001,
between 9 a.m. and 5 p.m. ET Monday
through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001, (202) 366–
4001, fmcsamedical@dot.gov. Office
hours are 8:30 a.m. to 5 p.m. ET Monday
through Friday, except Federal holidays.
If you have questions regarding viewing
or submitting material to the docket,
contact Dockets Operations, (202) 366–
9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
ddrumheller on DSK120RN23PROD with NOTICES1
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2023–0022),
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
VerDate Sep<11>2014
18:17 Aug 18, 2023
Jkt 259001
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
https://www.regulations.gov/docket/
FMCSA-2023-0022/document. Next,
choose the only notice listed, click the
‘‘Comment’’ button, and type your
comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2023–0022) in the
keyword box and click ‘‘Search.’’ Next,
choose the only 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
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Fmt 4703
Sfmt 4703
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 11 individuals listed in this
notice have requested an exemption
from the hearing requirement in 49 CFR
391.41(b)(11). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
the exemption will achieve the required
level of safety mandated by statute.
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).
On February 1, 2013, FMCSA
announced in a Notice of Final
Disposition titled, ‘‘Qualification of
Drivers; Application for Exemptions;
National Association of the Deaf,’’ (78
FR 7479), its decision to grant requests
from 40 individuals for exemptions
from the Agency’s physical qualification
standard concerning hearing for
interstate CMV drivers. Since that time
the Agency has published additional
notices granting requests from hard of
hearing and deaf individuals for
exemptions from the Agency’s physical
qualification standard concerning
hearing for interstate CMV drivers.
III. Qualifications of Applicants
Eric Blount
Eric Blount, 28, holds a class D
driver’s license in Arizona.
Shaun Cannady
Shaun Cannady, 22, holds a class C
driver’s license in California.
Rebecca Haynes
Rebecca Haynes, 50, holds a class C
driver’s license in Texas.
E:\FR\FM\21AUN1.SGM
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Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices
Kyesha Hemphill
Kyesha Hemphill, 33, holds a class R
driver’s license in Mississippi.
Kayla Lucero
Kayla Lucero, 31, holds a class D
driver’s license in New Mexico.
Alexandra Muller
Alexandra Muller, 27, holds a class D
driver’s license in Arizona.
Glenn Rozier
Glenn Rozier, 78, holds a class B
commercial driver’s license (CDL) in
Georgia.
Aaron Sanders
Aaron Sanders, 40, holds a driver’s
license in Washington.
Eric Shepeard
Eric Shepeard, 49, holds a class B
driver’s license in Delaware.
I. Public Participation
Timothy Szabo
Timothy Szabo, 36, holds a class
ABCD CDL in Wisconsin.
Perry Wesberry
Perry Wesberry, 41, holds a class A
CDL in Virginia.
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. 2023–17940 Filed 8–18–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0383; FMCSA–
2014–0384; FMCSA–2018–0138; FMCSA–
2021–0014]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
FMCSA announces its
decision to renew exemptions for 11
individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for
SUMMARY:
VerDate Sep<11>2014
18:17 Aug 18, 2023
Jkt 259001
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 July 30, 2023. The exemptions expire
on July 30, 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.
SUPPLEMENTARY INFORMATION:
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2014–0383, FMCSA–
2014–0384, FMCSA–2018–0138, or
FMCSA–2021–0014) 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 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.
II. Background
On July 10, 2023, FMCSA published
a notice announcing its decision to
renew exemptions for 11 individuals
from the hearing standard in 49 CFR
391.41(b)(11) to operate a CMV in
interstate commerce and requested
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Fmt 4703
Sfmt 4703
56915
comments from the public (88 FR
43648). The public comment period
ended on August 9, 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 11
renewal exemption applications and
comments received, FMCSA announces
its decision to exempt the following
drivers from the hearing requirement in
§ 391.41(b)(11).
As of July 30, 2023, and in accordance
with 49 U.S.C. 31136(e) and 31315(b),
the following 11 individuals have
satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (88 FR 43649):
Selwyn Abrahamson, (MN)
Chris Anderson (TX)
Thomas Carr (PA)
Elezar Contreras (IL)
Michael Hoyt (OR)
Thomas Lipyanic (FL)
Jonas Pittman (NC)
Leroy Raine (AL)
Troy Rolland (TX)
Sandy Sloat (TX)
Richard Whittaker (FL)
The drivers were included in docket
numbers FMCSA–2014–0383, FMCSA–
2014–0384, FMCSA–2018–0138, or
FMCSA–2021–0014. Their exemptions
were applicable as of July 30, 2023 and
will expire on July 30, 2025.
E:\FR\FM\21AUN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56913-56915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17940]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0022]
Qualification of Drivers; Exemption Applications; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 11 individuals
for an
[[Page 56914]]
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 September 20, 2023.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2023-0022 using any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2023-0022) in the keyword box and click
``Search.'' Next, choose the only 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,
Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET
Monday through Friday, except Federal Holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001, (202) 366-4001,
[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. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2023-0022), 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 https://www.regulations.gov/docket/FMCSA-2023-0022/document. Next, choose the only 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 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Comments
To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2023-0022) in the keyword box and click ``Search.'' Next,
choose the only 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-system-records-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 2-year period to align with the maximum duration of a
driver's medical certification.
The 11 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
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).
On February 1, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Application for
Exemptions; National Association of the Deaf,'' (78 FR 7479), its
decision to grant requests from 40 individuals for exemptions from the
Agency's physical qualification standard concerning hearing for
interstate CMV drivers. Since that time the Agency has published
additional notices granting requests from hard of hearing and deaf
individuals for exemptions from the Agency's physical qualification
standard concerning hearing for interstate CMV drivers.
III. Qualifications of Applicants
Eric Blount
Eric Blount, 28, holds a class D driver's license in Arizona.
Shaun Cannady
Shaun Cannady, 22, holds a class C driver's license in California.
Rebecca Haynes
Rebecca Haynes, 50, holds a class C driver's license in Texas.
[[Page 56915]]
Kyesha Hemphill
Kyesha Hemphill, 33, holds a class R driver's license in
Mississippi.
Kayla Lucero
Kayla Lucero, 31, holds a class D driver's license in New Mexico.
Alexandra Muller
Alexandra Muller, 27, holds a class D driver's license in Arizona.
Glenn Rozier
Glenn Rozier, 78, holds a class B commercial driver's license (CDL)
in Georgia.
Aaron Sanders
Aaron Sanders, 40, holds a driver's license in Washington.
Eric Shepeard
Eric Shepeard, 49, holds a class B driver's license in Delaware.
Timothy Szabo
Timothy Szabo, 36, holds a class ABCD CDL in Wisconsin.
Perry Wesberry
Perry Wesberry, 41, holds a class A CDL in Virginia.
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. 2023-17940 Filed 8-18-23; 8:45 am]
BILLING CODE 4910-EX-P
