Notice2023-03020
Qualification of Drivers; Exemption Applications; Hearing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 13, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew exemptions for seven 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.
Full Text
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<title>Federal Register, Volume 88 Issue 29 (Monday, February 13, 2023)</title>
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[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9317-9318]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03020]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0106; FMCSA-2015-0326; FMCSA-2016-0002; FMCSA-
2020-0026]
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 seven
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.
[[Page 9318]]
DATES: The exemptions were applicable on September 6, 2022. The
exemptions expire on September 6, 2024.
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,
<a href="/cdn-cgi/l/email-protection#e482898797858981808d878588a4808b90ca838b92"><span class="__cf_email__" data-cfemail="31575c5242505c54555852505d71555e451f565e47">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. Insert the docket
number (FMCSA-2014-0106, FMCSA-2015-0326, FMCSA-2016-0002, or FMCSA-
2020-0026) 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>, the comments are searchable by the name of
the submitter.
II. Background
On August 24, 2022, FMCSA published a notice announcing its
decision to renew exemptions for seven 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 52107). The
public comment period ended on September 23, 2022, and three comments
were received.
FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely 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 8, 1971),
respectively).
III. Discussion of Comments
FMCSA received three comments in this proceeding. Jeff Daniels'
comment regarding drug testing was outside the scope of this notice.
The Commercial Vehicle Training Association's (CVTA's) comment was
found identical to the comment they submitted to the August 17, 2022,
Federal Register notice (87 FR 50690). FMCSA provided a response to
this comment in the December 29, 2022, Federal Register notice (87 FR
80254) that will not be repeated in this notice. Lastly, an anonymous
individual opposed the same comment by CVTA.
IV. Conclusion
Based upon its evaluation of the seven renewal exemption
applications and comments received, FMCSA announces its decision to
exempt the following drivers from the hearing requirement in Sec.
391.41(b)(11).
As of September 6, 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 52107):
Weston Arthurs (CA)
Charles DePriest (TX)
Richard Hoots (AR),
D'Nielle Smith (OH)
The drivers were included in docket number FMCSA-2014-0106, FMCSA-
2015-0326, or FMCSA-2016-0002. Their exemptions were applicable as of
September 6, 2022 and will expire on September 6, 2024.
As of September 14, 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:
Jonathan Kelly (TX)
Eddie Martinez (TX)
Willie Miller (IA)
The drivers were included in docket number FMCSA-2020-0026. Their
exemptions were applicable as of September 14, 2022 and will expire on
September 14, 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. 2023-03020 Filed 2-10-23; 8:45 am]
BILLING CODE 4910-EX-P
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