Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 14943 

Robert A. Wimbish, Fletcher & Sippel 

LLC, 29 North Wacker Drive, Suite 800, 

Chicago, IL 60606–3208. 

According to CWRR, this action is 

categorically excluded from historic 

preservation reporting requirements 

under 49 CFR 1105.8(b) and from 

environmental reporting requirements 

under 49 CFR 1105.6(c). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: March 10, 2022. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2022–05529 Filed 3–15–22; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0017] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 23 individuals from 

the hearing requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. The exemptions enable these 

hard of hearing and deaf individuals to 

operate CMVs in interstate commerce. 

DATES: The exemptions were applicable 

on March 4, 2022. The exemptions 

expire on March 4, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, 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–2021–0017, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ 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 January 19, 2022, FMCSA 

published a notice announcing receipt 

of applications from 23 individuals 

requesting an exemption from the 

hearing requirement in 49 CFR 

391.41(b)(11) to operate a CMV in 

interstate commerce and requested 

comments from the public (87 FR 2979). 

The public comment period ended on 

February 18, 2022, and two comments 

were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting exemptions to these 

individuals would achieve a level of 

safety equivalent to, or greater than, the 

level that would be achieved by 

complying with § 391.41(b)(11). 

The physical qualification standard 

for drivers regarding hearing found in 

§ 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 3, 1971). 

III. Discussion of Comments 

FMCSA received two comments in 

this proceeding. Both comments 

received indicated that Gary Sturdevant 

submitted a hearing exemption 

application to FMCSA. 

IV. Basis for Exemption Determination 

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 

statute also allows 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 Agency’s decision regarding these 

exemption applications is based on 

current medical information and 

literature, and the 2008 Evidence 

Report, ‘‘Executive Summary on 

Hearing, Vestibular Function and 

Commercial Motor Driving Safety.’’ The 

evidence report reached two 

conclusions regarding the matter of 

hearing loss and CMV driver safety: (1) 

No studies that examined the 

relationship between hearing loss and 

crash risk exclusively among CMV 

drivers were identified; and (2) evidence 

from studies of the private driver’s 

license holder population does not 

support the contention that individuals 

with hearing impairment are at an 

increased risk for a crash. In addition, 

the Agency reviewed each applicant’s 

driving record found in the Commercial 

Driver’s License Information System, for 

commercial driver’s license (CDL) 

holders, and inspections recorded in the 

Motor Carrier Management Information 

System. For non-CDL holders, the 

Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency. Each applicant’s record 

demonstrated a safe driving history. 

Based on an individual assessment of 

each applicant that focused on whether 

an equal or greater level of safety is 

likely to be achieved by permitting each 

of these drivers to drive in interstate 

commerce as opposed to restricting him 

or her to driving in intrastate commerce, 

the Agency believes the drivers granted 

this exemption have demonstrated that 

they do not pose a risk to public safety. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the hearing standard in 

§ 391.41(b)(11) is likely to achieve a 


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14944 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 

level of safety equal to that existing 

without the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must report any crashes or 

accidents as defined in § 390.5; (2) each 

driver must report all citations and 

convictions for disqualifying offenses 

under 49 CFR 383 and 49 CFR 391 to 

FMCSA; and (3) each driver is 

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. 

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 23 

exemption applications, FMCSA 

exempts the following drivers from the 

hearing standard, § 391.41(b)(11), 

subject to the requirements cited above: 

Yunier Alegre (FL) 

Kenneth Alston (NJ) 

Charles Armand (NJ) 

Baldemar Barba (TX) 

Gary Barber (WI) 

Desmond Dantzler (AZ) 

Jeremy Descloux (WA) 

Philip Fatigato (IL) 

William Hoke (NY) 

Edward Larizza (CA) 

Kevin Maddox (GA) 

Bikien McKoy (NC) 

Rage Muse (MN) 

Orlando Padilla (FL) 

Michael Paul (IL) 

Aaron Pitsker (CA) 

Michael Principe (TX) 

William Rivas (CA) 

Kenneth Salts (OH) 

Isaac Soto (IL) 

Gary Sturdevant (TX) 

Richard Taulbee (GA) 

Matthew Taylor (TX) 

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. 2022–05515 Filed 3–15–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2020–0004] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Petitions for Exemption 

From the Vehicle Theft Prevention 

Standard 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments on a reinstatement of a 

previously approved information 

collection. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 

(PRA), this notice announces that the 

Information Collection Request (ICR) 

summarized below has been forwarded 

to the Office of Management and Budget 

(OMB) for review and approval. The ICR 

describes the nature of the information 

collections and their expected burden. 

The Federal Register Notice with a 60- 

day comment period for approval of a 

reinstatement of this previously 

approved information collection was 

published on August 20, 2020. The 

agency received no comments. 

DATES: Comments must be submitted on 

or before April 15, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection, including 

suggestions for reducing burden, should 

be submitted to the Office of 

Management and Budget at 

www.reginfo.gov/public/do/PRAMain. 

To find this particular information 

collection, select ‘‘Currently under 

Review—Open for Public Comment’’ or 

use the search function. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard at the National Highway 

Traffic Safety Administration, Office of 

International Policy, Fuel Economy and 

Consumer Programs (NRM–310), 1200 

New Jersey Ave. SE, West Building, 

Room W43–439, Washington, DC 20590. 

Ms. Ballard’s telephone number is (202) 

366–5222. Please identify the relevant 

collection of information by referring to 

its OMB Control Number. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501 et seq.), a Federal 

agency must receive approval from the 

Office of Management and Budget 

(OMB) before it collects certain 

information from the public and a 

person is not required to respond to a 

collection of information by a Federal 

agency unless the collection displays a 

valid OMB control number. In 

compliance with these requirements, 

this notice announces that the following 

information collection request will be 

submitted to OMB. 

A Federal Register notice with a 60- 

day comment period soliciting public 

comments on the following information 

collection was published on August 20, 

2020 (85 FR 51548). 

Title: Petitions for Exemption from 

the Vehicle Theft Prevention Standard 

(49 CFR part 543). 

OMB Control Number: 2127–0542. 

Type of Request: Reinstatement of a 

previously approved information 

collection. 

Type of Review Requested: Regular. 

Length of Approval Requested: Three 

years. 

Affected Public: Motor vehicle 

manufacturers. 

Summary of Information Collection: 

49 U.S.C. Chapter 331 requires the 

Secretary of Transportation, and 

NHTSA by delegation, to promulgate a 

theft prevention standard to provide for 

the identification of certain motor 

vehicles and their major replacement 

parts (parts-marking) to impede motor 

vehicle theft. NHTSA’s theft prevention 

standard at 49 CFR part 541 specifies 

performance requirements for 

identifying numbers or symbols 

(generally the vehicle identification 

number (VIN)) to be placed on major 

parts of all passenger vehicles subject to 

the theft prevention standard. 49 U.S.C. 

33106 allows manufacturers who equip 

covered vehicles with standard original 

equipment antitheft devices to petition 

for an exemption from the parts-marking 

requirements. NHTSA may exempt a 

vehicle line from the parts-marking 

requirement if the manufacturer installs 

an antitheft device as standard 

equipment on the entire vehicle line for 

which it seeks an exemption, and 

NHTSA determines that the antitheft 

device is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements. 

Under the current part 543, 

manufacturers choose how they wish to 


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