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Qualification of Drivers; Exemption Applications; Hearing Publication: Federal Register Signing Official: Larry W. Minor Agency: Federal Motor Carrier Safety Administration Date: 14 October 2022 
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[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Notices]
[Pages 62487-62488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22342]
[[Page 62487]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-2013-0125; FMCSA-
2014-0102; FMCSA-2014-0107; FMCSA-2015-0327; FMCSA-2015-0328; FMCSA-
2015-0329; FMCSA-2017-0057; FMCSA-2017-0059; FMCSA-2017-0060; FMCSA-
2018-0139; FMCSA-2019-0109; FMCSA-2019-0111; FMCSA-2020-0024; FMCSA-
2020-0025]
Qualification of Drivers; Exemption Applications; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to renew exemptions for 40
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, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. 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-2013-0122, FMCSA-2013-0123, FMCSA-2013-0125, FMCSA-2014-
0102, FMCSA-2014-0107, FMCSA-2015-0327, FMCSA-2015-0328, FMCSA-2015-
0329, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2017-0060, FMCSA-2018-
0139, FMCSA-2019-0109, FMCSA-2019-0111, FMCSA-2020-0024, or FMCSA-2020-
0025 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 request. 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 www.dot.gov/privacy,
the comments are searchable by the name of the submitter.
II. Background
On August 10, 2022, FMCSA published a notice announcing its
decision to renew exemptions for 40 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 (87 FR 48749). The
public comment period ended on September 9, 2022, and no comments were
received.
FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety 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 3, 1971).
III. Discussion of Comments
FMCSA received no comments in this proceeding.
IV. Conclusion
Based upon its evaluation of the 40 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in Sec. 391.41 (b)(11).
As of June 17, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 23 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 48749):
Paul Aseka (TX)
James Bogart (KS)
Thomas Buretz (FL)
Forrest Carroll (OH)
Glenn Ferguson (TX)
Ariel Gonzalez (RI)
Nicholas Green (FL)
Richard Hadlock (IL)
Sean Hunt (SC)
Jesus Javier (NJ)
Larry Lang (TX)
Yoel Lopez-Perez (FL)
Bryan MacFarlane (OH)
Darren Nordquist (WI)
Anthony Panto (NJ)
Ernst Pratt (PA)
Brian Shoup (SC)
William Symonds (IL)
Steven Tipton (IA)
Daniel Tricolici (MA)
Wayne Turner (IL)
Fernando Velasquez (TX)
Scott Weeaks (OK)
The drivers were included in docket number FMCSA-2013-0122, FMCSA-
2013-0123, FMCSA-2013-0125, FMCSA-2014-0107, FMCSA-2015-0327, FMCSA-
2015-0328, FMCSA-2015-0329, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-
2018-0139, FMCSA-2019-0109, FMCSA-2019-0111, or FMCSA-2020-0024. Their
exemptions were applicable as of June 17, 2022 and will expire on June
17, 2024.
As of June 18, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 48749):
Joshua Affholter (MI)
Gantulga Badarach (IL)
Awash Demoz (MD)
Muhammad Javed (IN)
Charles O'Bryan (NY)
Anna Ruiz (AZ)
Kyle Taylor (GA)
The drivers were included in docket number FMCSA-2020-0025. Their
[[Page 62488]]
exemptions were applicable as of June 18, 2022 and will expire on June
18, 2024.
As of June 25, 2022, 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 from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 48749):
Alfredo Ramirez (TX); Julie Ramirez (TX); and Hayden Teesdale (TX).
The drivers were included in docket number FMCSA-2014-0102. Their
exemptions were applicable as of June 25, 2022 and will expire on June
25, 2024.
As of June 29, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 48749):
Leroy Carter (OH)
Robert Cates (NM)
Brodey DiPasquale (MD)
Richard Fisher (PA)
Kimberly Foss (OR)
Marcel Paul (WA)
Jason Winemiller (IL)
The drivers were included in docket number FMCSA-2017-0060. Their
exemptions were applicable as of June 29, 2022 and will expire on June
29, 2024.
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(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-22342 Filed 10-13-22; 8:45 am]
BILLING CODE 4910-EX-P