[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]


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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 final disposition.

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[[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


