Qualification of Drivers; Exemption Applications; Hearing Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 13 February 2023 Subjects: American Government , Driver Licensing

[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9313-9314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03044]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-
2014-0384; FMCSA-2014-0386; FMCSA-2015-0328; FMCSA-2016-0002; FMCSA-
2017-0057; FMCSA-2017-0058; FMCSA-2018-0135; FMCSA-2018-0136; FMCSA-
2019-0111; 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.

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SUMMARY: FMCSA announces its decision to renew exemptions for 25 
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:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-2012-0154, FMCSA-2014-0103, FMCSA-2014-0106, FMCSA-2014-
0384, FMCSA-2014-0386, FMCSA-2015-0328, FMCSA-2016-0002, FMCSA-2017-
0057, FMCSA-2017-0058, FMCSA-2018-0135, FMCSA-2018-0136, FMCSA-2019-
0111, 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

[[Page 9314]]

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 5, 2023, FMCSA published a notice announcing its 
decision to renew exemptions for 25 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 902). The public 
comment period ended on February 6, 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 25 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 January 
and are discussed below:
    As of January 15, 2023, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 16 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (88 FR 904):

Michael Arwood (TN)
David Chappelear (TX)
Joshua Cogan (MD)
Sean Dearsman (OH)
Jan Epitacio (CA)
Jerry Jones (TX)
Robert Knapp (MD)
James Laughrey (KS)
Christopher McKenzie (TX)
Kathy Miller (IA)
Ervin Mitchell (TX)
Lesley O'Rorke (IL)
Gerson Ramirez (MT)
William Ranson (AR)
William Tassell (OH)
Michael Wilkes (MA)

    The drivers were included in docket numbers FMCSA-2012-0154, FMCSA-
2014-0103, FMCSA-2014-0106, FMCSA-2014-0384, FMCSA-2014-0386, FMCSA-
2016-0002, FMCSA-2017-0057, FMCSA-2017-0058, FMCSA-2018-0135, FMCSA-
2018-0136, or FMCSA-2019-0111. Their exemptions were applicable as of 
January 15, 2023 and will expire on January 15, 2025.
    As of January 22, 2023, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (88 FR 904):

Hassan Abdi (MN)
Gage Burchett (VA)
Jeffrey Daniel (NV)
Gabriel Despanie (LA)
Jaymes Haar (IA)
Andrew Hatch (IA)
MarcKenzie Loriston (FL)
Carlos Sotelo Sanchez (CA)
Matthew Spainhoward (KY)

    The drivers were included in docket numbers FMCSA-2015-0328 or 
FMCSA-2020-0028. Their exemptions were applicable as of January 22, 
2023 and will expire on January 22, 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. 2023-03044 Filed 2-10-23; 8:45 am]
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