[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36362-36363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12974]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332; FMCSA-2013-0121; FMCSA-2013-0122; FMCSA-
2013-0123; FMCSA-2013-0124; FMCSA-2013-0125; FMCSA-2013-0126; FMCSA-
2015-0325; FMCSA-2015-0327; FMCSA-2016-0003; FMCSA-2017-0057; FMCSA-
2017-0059; FMCSA-2019-0111]


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 31 
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, [email protected], 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-2012-0332, FMCSA-2013-0121, FMCSA-2013-0122, FMCSA-2013-
0123, FMCSA-2013-0124, FMCSA-2013-0125, FMCSA-2013-0126, FMCSA-2015-
0325, FMCSA-2015-0327, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-
0059, or FMCSA-2019-0111 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.

II. Background

    On April 1, 2022, FMCSA published a notice announcing its decision 
to renew exemptions for 31 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 (81 FR 19171). The public comment period ended 
on April 1, 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

[[Page 36363]]

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 31 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 April and 
are discussed below:
    As of April 2, 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 19171):

Kathleen Abenchuchan (IA)
Marion Bennett (MD)
Roger Boge (IA)
Johnny Brewer (OH)
Arthur Brown (FL)
Michael Bunjer (MD)
Stephen Daniels (KS)
Keith Drown (ID)
Jerry Ferguson (TX)
Edison Garcia (MD)
James Gooch (MO)
Daniel Harnish (OR)
Jada Hart (IA)
Paul Klug (IA)
Dayton Lawson, Jr. (MI)
Calvin Payne (MD)
Kiley Peterson (IA)
Joseph Piros (CA)
Ronald Rumsey (IA)
Khon Saysanam (TX)
James Schubin (CA)
Samuel Sherman (MN)
Johnny Wu (DE)

    The drivers were included in docket number FMCSA-2013-0122, FMCSA-
2013-0124, FMCSA-2013-0125, FMCSA-2013-0126, FMCSA-2015-0325, FMCSA-
2015-0327, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-0059, or FMCSA-
2019-0111. Their exemptions were applicable as of April 2, 2022 and 
will expire on April 2, 2024.
    As of April 21, 2022, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following four individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (87 FR 19171):

Andrew Alcozer (IL)
Jacob Paullin (WI)
Ryan Pope (CA)
Russell Smith (OH)

    The drivers were included in docket number FMCSA-2013-0121, FMCSA-
2013-0122, or FMCSA-2013-0123. Their exemptions were applicable as of 
April 21, 2022 and will expire on April 21, 2024.
    As of April 23, 2022, 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 (87 FR 19171):
    Donald Lynch (AR) and Zachary Rietz (TX).
    The drivers were included in docket number FMCSA-2012-0332. Their 
exemptions were applicable as of April 23, 2022 and will expire on 
April 23, 2024.
    As of April 24, 2022, 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 (87 FR 19171):
    Kwinton Carpenter (OH) and Andrey Shevchenko (MN).
    The drivers were included in docket number FMCSA-2013-0124. Their 
exemptions were applicable as of April 24, 2022 and will expire on 
April 24, 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. 2022-12974 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-EX-P


