[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 13007-13009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04130]



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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 renewal of exemptions; request for comments.

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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. Comments must be received on or before March 31, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2012-0154, Docket No. FMCSA-2013-
0124, Docket No. FMCSA-2014-0102, Docket No. FMCSA-2014-0103, Docket 
No. FMCSA-2014-0104, Docket No. FMCSA-2014-0106, Docket No. FMCSA-2014-
0107, Docket No. FMCSA-2015-0328, Docket No. FMCSA-2016-0003, Docket 
No. FMCSA-2018-0135, Docket No. FMCSA-2018-0136, Docket No. FMCSA-2018-
0137, Docket No. FMCSA-2020-0027, or Docket No. FMCSA-2020-0028 using 
any of the following methods:
     Federal eRulemaking Portal: 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 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, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
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-2012-0154, Docket No. FMCSA-2013-0124, Docket 
No. FMCSA-2014-0102, FMCSA-2014-0103, Docket No. FMCSA-2014-0104, 
Docket No. FMCSA-2014-0106, Docket No. FMCSA-2014-0107, Docket No. 
FMCSA-2015-0328, Docket No. FMCSA-2016-0003, Docket No. FMCSA-2018-
0135, Docket No. FMCSA-2018-0136, Docket No. FMCSA-2018-0137, Docket 
No. FMCSA-2020-0027, or Docket No. FMCSA-2020-0028), 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/, 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, 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-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.

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.

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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 physical qualification standard for drivers regarding hearing 
found in 49 CFR 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).
    The 28 individuals listed in this notice have requested renewal of 
their exemptions from the hearing standard in Sec.  391.41(b)(11), in 
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits and decided to extend 
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the 
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 28 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The 28 drivers in this notice 
remain in good standing with the Agency. In addition, for commercial 
driver's license (CDL) holders, the Commercial Driver's License 
Information System and the Motor Carrier Management Information System 
are searched for crash and violation data. For non-CDL holders, the 
Agency reviews the driving records from the State Driver's Licensing 
Agency. These factors provide an adequate basis for predicting each 
driver's ability to continue to safely operate a CMV in interstate 
commerce. Therefore, FMCSA concludes that extending the exemption for 
each of these drivers for a period of 2 years is likely to achieve a 
level of safety equal to that existing without the exemption.
    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:

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 are 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:

Susan D. Helgerson (WI)
David A. Helgerson (WI)

    The drivers were included in docket number FMCSA-2013-0124. Their 
exemptions are 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:

John L. Huey (GA)
Scott M. Putnam (FL)

    The drivers were included in docket number FMCSA-2014-0107. Their 
exemptions are 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), insert name Victor H. Morales (TX) has satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers.
    The driver was included in docket number FMCSA-2014-0106. Their 
exemption is 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 from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

William B. Britt (TN)
Lawrence Hung K. Lam (CA)
Phillip P. Shook (MS)

    The drivers were included in docket number FMCSA-2018-0137. Their 
exemptions are 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 6 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

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 are applicable as of March 29, 2023 and will expire on March 
29, 2025.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) each driver must report any crashes or accidents as defined in 
Sec.  390.5T; and (2) report all citations and convictions for 
disqualifying offenses under 49 CFR

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parts 383 and 391 to FMCSA; and (3) each driver prohibited from 
operating a motorcoach or bus with passengers in interstate commerce. 
The driver must also have a copy of the exemption when driving, for 
presentation to a duly authorized Federal, State, or local enforcement 
official. In addition, the exemption does not exempt the individual 
from meeting the applicable CDL testing requirements. Each exemption 
will be valid for 2 years unless rescinded earlier by FMCSA. The 
exemption will be rescinded if: (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 before it was 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).

VI. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 28 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the hearing 
requirement in Sec.  391.41(b)(11). In accordance with 49 U.S.C. 
31136(e) and 31315(b), each exemption will be valid for 2 years unless 
revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-04130 Filed 2-28-23; 8:45 am]
BILLING CODE 4910-EX-P


