Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Notices 19731 

and vehicular traffic than exists on 

interstate highways. Faster reaction to 

traffic and traffic signals is generally 

required because distances between 

them are more compact. These 

conditions tax visual capacity and 

driver response just as intensely as 

interstate driving conditions. 

The applicants in this notice have 

driven CMVs with their limited vision 

in careers ranging for 3 to 74 years. In 

the past 3 years, one driver was 

involved in a crash, and two drivers 

were convicted of moving violations in 

CMVs. All the applicants achieved a 

record of safety while driving with their 

vision impairment that demonstrates the 

likelihood that they have adapted their 

driving skills to accommodate their 

condition. As the applicants’ ample 

driving histories with their vision 

deficiencies are good predictors of 

future performance, FMCSA concludes 

their ability to drive safely can be 

projected into the future. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the vision requirement in 

§ 391.41(b)(10) is likely to achieve a 

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 be physically examined 

every year (a) by an ophthalmologist or 

optometrist who attests that the vision 

in the better eye continues to meet the 

standard in § 391.41(b)(10) and (b) by a 

certified medical examiner (ME) who 

attests that the individual is otherwise 

physically qualified under § 391.41; (2) 

each driver must provide a copy of the 

ophthalmologist’s or optometrist’s 

report to the ME at the time of the 

annual medical examination; and (3) 

each driver must provide a copy of the 

annual medical certification to the 

employer for retention in the driver’s 

qualification file, or keep a copy in his/ 

her driver’s qualification file if he/she is 

self-employed. The driver must also 

have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

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 24 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, § 391.41(b)(10), 

subject to the requirements cited above: 

Robert A. Buckley (IN) 

Steven L. Crews (TX) 

Arthur B. Edge (GA) 

Jorge Estol (FL) 

William L. Fuqua (KY) 

Terry G. Grice (IN) 

Gerardo Hernandez (TX) 

Joshua J. Hilliard (OH) 

Orlando M. Hinton (NC) 

Joshua M. Howe (IN) 

Janessen B. Jenkins (GA) 

Justin L. Knoll (MI) 

Robert M. Lammon (OH) 

Richard D. Lang (SD) 

Larry P. Magrath (MN) 

David L. Mairose (IA) 

Darrell L. Marlett (IN) 

Michael T. McGinty (PA) 

Stephen D. Miles (OR) 

Joshua D. Mylan (WA) 

Albert M. Randle (TX) 

Mitchell L. Reineke (NE) 

Ritchy R. Richards (NM) 

Antwine Simmons (GA) 

In accordance with 49 U.S.C. 31136(e) 

and 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. 2022–07108 Filed 4–4–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0332; FMCSA– 

2013–0124; FMCSA–2013–0125; FMCSA– 

2017–0057; FMCSA–2017–0058; FMCSA– 

2020–0024] 

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. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 10 

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: The exemptions are applicable 

on May 15, 2022. The exemptions 

expire on May 15, 2024. Comments 

must be received on or before May 5, 

2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2012–0332, Docket No. 

FMCSA–2013–0124, Docket No. 

FMCSA–2013–0125, Docket No. 

FMCSA–2017–0057, Docket No. 

FMCSA–2017–0058, or Docket No. 

FMCSA–2020–0024 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2012–0332, FMCSA– 

2013–0124, FMCSA–2013–0125, 

FMCSA–2017–0057, FMCSA–2017– 

0058, or FMCSA–2020–0024 in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ 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, (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. 


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19732 Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Notices 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2012–0332, 

Docket No. FMCSA–2013–0124, Docket 

No. FMCSA–2013–0125, Docket No. 

FMCSA–2017–0057, Docket No. 

FMCSA–2017–0058, or Docket No. 

FMCSA–2020–0024), 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–2012–0332, FMCSA– 

2013–0124, FMCSA–2013–0125, 

FMCSA–2017–0057, FMCSA–2017– 

0058, or FMCSA–2020–0024 in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ 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 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

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–2012–0332, FMCSA– 

2013–0124, FMCSA–2013–0125, 

FMCSA–2017–0057, FMCSA–2017– 

0058, or FMCSA–2020–0024 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. 

C. 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 

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 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 3, 1971). 

The 10 individuals listed in this 

notice have requested renewal of their 

exemptions from the hearing standard 

in § 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 10 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement. The 10 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. 

As of May 15, 2022, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following 10 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Dustin Bemesderfer (FL) 

Marquarius Boyd (MS) 

Thomas Jensen (IA) 

William Larson (NC) 

Michael Paasch (NE) 

Jesus Perez (IL) 

Michael Quinonez (NM) 

Jonathan Ramirez (CA) 

Byron Smith (TX) 

Aldale Williamson (DC) 

The drivers were included in docket 

number FMCSA–2012–0332, FMCSA– 

2013–0124, FMCSA–2013–0125, 

FMCSA–2017–0057, FMCSA–2017– 

0058, or FMCSA–2020–0024. Their 

exemptions are applicable as of May 15, 

2022 and will expire on May 15, 2024. 

V. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) Each 


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Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Notices 19733 

driver must report any crashes or 

accidents as defined in § 390.5; and (2) 

report all citations and convictions for 

disqualifying offenses under 49 CFR 383 

and 49 CFR 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 10 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the hearing requirement in 

§ 391.41 (b)(11). In accordance with 49 

U.S.C. 31136(e) and 31315(b), each 

exemption will be valid for two years 

unless revoked earlier by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–07109 Filed 4–4–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

United States Merchant Marine 

Academy Advisory Council 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice to solicit members for the 

United States Merchant Marine 

Academy Advisory Council. 

SUMMARY: The Maritime Administration 

(MARAD) is seeking to solicit members 

for the United States Merchant Marine 

Academy Advisory Council (Council). 

The Council will provide advice and 

recommendations to the Secretary of 

Transportation, MARAD, and the 

United States Merchant Marine 

Academy (Academy) on matters related 

to the Academy. 

DATES: Applications must be received 

on or before 11:59 p.m. Eastern Daylight 

Time on May 20, 2022. 

ADDRESSES: Nominations must be 

submitted electronically (by email) to 

the email address listed in the FOR

FURTHER INFORMATION CONTACT section. 

The subject line should state ‘‘USMMA 

Advisory Council Member 

Nomination.’’ 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jack Kammerer, Designated Federal 

Officer, Executive Director, Maritime 

Administration at Jack.Kammerer@

dot.gov or 202–366–2805. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Council is an advisory committee 

established pursuant to the National 

Defense Authorization Act of Fiscal 

Year 2022, Public Law No 117–81, 

section 3501(c), codified at 46 U.S.C. 

51323, and in accordance with the 

Federal Advisory Committee Act 

(FACA), 5 U.S.C. App. 2. The Council, 

through the Maritime Administrator, 

will provide the Secretary with advice 

and recommendations on the issues 

identified in the National Academy of 

Public Administration’s Comprehensive 

Assessment of the U.S. Merchant Marine 

Academy November 2021 report. The 

advice and recommendations will relate 

to the morale, discipline, social climate, 

curriculum, instruction, physical 

equipment, fiscal affairs, academic 

methods, administrative policies, 

infrastructure needs, and other matters 

relating to the Academy. 

Under its charter, the Council is 

comprised of no fewer than 8 members, 

but not more than 14 members, 

appointed by the Secretary for terms of 

up to two years, and appointed from 

among individuals with diverse 

backgrounds and expertise that will 

allow them to contribute balanced 

points of view and ideas regarding 

improving the Academy. Appointees 

may include individuals who are 

specially qualified to represent the 

interests and opinions of: Academia and 

higher education administration; 

Academy graduates; Members of the 

armed forces; Shipping and labor; 

Experts in the field of sexual assault and 

sexual harassment prevention and 

response; Experts in the field of 

workplace diversity, equity, and 

inclusion; and Experts in capital 

improvement planning. 

Council members serve without pay. 

Members may be entitled to 

reimbursement of expenses related to 

per diem and travel when attending 

Council meetings, as authorized under 5 

U.S.C. 5703 and 41 CFR part 301. The 

Council will meet as often as needed to 

fulfill its mission, but typically four 

times each fiscal year to address its 

objectives and duties. The Council will 

aim to meet in person at least once each 

fiscal year with additional meetings 

held via teleconference. 

II. Nomination process 

Members of the Council are appointed 

by the Secretary for two-year terms. The 

selection and appointment process for 

Council members is designed to ensure 

continuity of membership, and to afford 

the Secretary the advisory input of the 

most capable, diverse, and novel 

perspectives that the country has to 

offer. 

Individuals interested in serving on 

the Council are invited to apply for 

consideration for appointment. There is 

no application form; however, 

applicants/nominators should submit 

the following information: 

(1) Contact Information for the 

nominee, consisting of: 

a. Name 

b. Title 

c. Organization or Affiliation 

d. Address 

e. City, State, Zip Code 

f. Telephone number 

g. Email address 

(2) Statement of interest limited to 

250 words on why the nominee wants 

to serve on the Council and the unique 

perspectives and experiences the 

nominee brings to the Council; 

(3) A current resume and category of 

interest is required; 

(4) An affirmative statement that the 

nominee is not a Federally registered 

lobbyist seeking to serve on the 

committee in their individual capacity 

and the identity of the interests they 

intend to represent, if appointed as a 

member of the Council; and 

(5) Optional letters of support. 

All non-federal members must also 

complete a background investigation. 

The Department of Transportation 

does not discriminate in employment on 

the basis of race, color, religion, sex, 

national origin, political affiliation, 

sexual orientation, gender identity, 

marital status, disability and genetic 

information, age, membership in an 

employee organization, or other nonmerit factors. The Department strives to 

achieve a diverse candidate pool for all 

its recruitment actions. 


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