22282 Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Notices 

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 February 16, 2022, FMCSA 

published a notice announcing receipt 

of applications from 18 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 8916). 

The public comment period ended on 

March 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. One comment was in 

support of Wallace Bostrom obtaining a 

hearing exemption and the other 

comment requests granting the 

exemption be based on the applicant’s 

driving history. FMCSA reviews the 

driving record of each applicant to 

ensure each applicant demonstrates a 

safe driving history. 

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 

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 18 

exemption applications, FMCSA 

exempts the following drivers from the 

hearing standard, § 391.41(b)(11), 

subject to the requirements cited above: 

Michael Beam (MI) 

Nathaniel Borton (WI) 

Wallace Bostrom (MN) 

Daniel Cohen (VT) 

Thomas Cook (VA) 

Lee Desoto (NM) 

Ruben Faulkwell (TX) 

Christopher Gibbons (MO) 

Renier Gonzalez (FL) 

Leonie Hall (IL) 

Dylan Lewis (DE) 

Waylon Mathern (MD) 

Randall Norton (TX) 

Adem Rexhepi (IL) 

Fernando Rizo (CA) 

ZanDraya Schwab (UT) 

Arnold Vega (TX) 

Larry West (TN) 

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. 2022–07962 Filed 4–13–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2020–0031] 

Petition for Approval: Union Pacific 

Railroad 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 


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Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Notices 22283 

1https://www.regulations.gov/document/FRA2020-0031-0001 (Test Program); https://

www.regulations.gov/document/FRA-2020-0031- 

0002 (FRA’s approval decision); https://

www.regulations.gov/document/FRA-2020-0031- 

0005 (FRA’s published notice of approval). 

2https://www.regulations.gov/document/FRA2020-0031-0001. 

ACTION: Notice of petition for approval 

to move to phase 2 of track inspection 

test program. 

SUMMARY: This document provides the 

public notice that on March 24, 2022, 

Union Pacific Railroad (UP) petitioned 

the Federal Railroad Administration 

(FRA) to transition from phase 1 to 

phase 2 of a previously approved test 

program and associated temporary 

suspension of some visual track 

inspections. The Test Program is 

designed to test track inspection 

technologies (i.e., an autonomous track 

geometry measurement system) and new 

operational approaches to track 

inspections (i.e., combinations of 

autonomous inspection and traditional 

visual inspections). 

FOR FURTHER INFORMATION CONTACT: YuJiang Zhang, Staff Director, Track and 

Structures Division, Office of Railroad 

Safety, FRA, 1200 New Jersey Avenue 

SE, Washington, DC 20590, telephone 

(202) 493–6460 or email yujiang.zhang@

dot.gov; Aaron Moore, Attorney, Office 

of Chief Counsel, FRA, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

telephone (202) 493–7009 or email 

aaron.moore@dot.gov. 

SUPPLEMENTARY INFORMATION: On April 

28, 2020, FRA conditionally approved 

the Test Program and UP’s petition 

under 49 CFR 211.51 to suspend 

§§ 213.233(c) as applied to operations 

under the Test Program. A copy of the 

Test Program, FRA’s conditional 

approval of the Test Program, and a 

previously published Federal Register 

notice explaining FRA’s rationale for 

approving the Test Program and related 

suspension are available for review in 

the docket.1

As approved, the Test Program 

included two separate phases over 12 

months, as outlined in Exhibit C of the 

Program.2 Accordingly, UP began the 

Test Program on June 15, 2020. 

Subsequently, UP requested, and FRA 

approved, an extension of the Test 

Program until November 23, 2022. 

UP is requesting to transition from 

phase 1 to 2 on one of the Test Program 

routes, the Sunset route. In support of 

its request, UP states that it has met the 

Test Program conditions required to 

move to phase 2 and has achieved an 

average safety metric of 0.67 

unprotected geometry defects per 100 

miles tested and 3.47 track inspector 

identified geometry defects per month 

in phase 1 of the Test Program. UP is 

not requesting to move to phase 2 on the 

SPCSL route. 

A copy of the petition, as well as any 

written communications concerning the 

petition, if any, are available for review 

online at www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Website: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by May 16, 

2022 will be considered by FRA before 

final action is taken. Comments received 

after that date will be considered if 

practicable. Anyone can search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

processes. 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 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2022–08002 Filed 4–13–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Community Development Financial 

Institutions Fund 

Notice of Information Collection and 

Request for Public Comment 

ACTION: Notice and request for public 

comment. 

SUMMARY: The U.S. Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

Currently, the Community Development 

Financial Institutions Fund (CDFI 

Fund), Department of the Treasury, is 

soliciting comments concerning the 

Generic Clearance for the Collection of 

Qualitative Feedback on Agency Service 

Delivery. 

DATES: Written comments should be 

received on or before June 13, 2022 to 

be assured of consideration. 

ADDRESSES: Submit your comments via 

email to Shannon McKay, Acting 

Manager, Office of Financial Strategies 

and Research, CDFI Fund, U.S. 

Department of the Treasury, at CDFIFinancialStrategiesandResearch@

cdfi.treas.gov. 

FOR FURTHER INFORMATION CONTACT: 

Shannon McKay CDFI Fund, U.S. 

Department of the Treasury, 1500 

Pennsylvania Avenue NW, Washington, 

DC or by phone at (202) 653–0300. 

Other information regarding the CDFI 

Fund and its programs may be obtained 

through the CDFI Fund’s website at 

https://www.cdfifund.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Generic Clearance for the 

Collection of Qualitative Feedback on 

Agency Service Delivery. 

OMB Number: 1559–0041. 

Type of Review: Extension without 

change. 

Abstract: The information collection 

activity will garner qualitative customer 

and stakeholder feedback in an efficient, 

timely manner, in accordance with the 

Administration’s commitment to 

improving service delivery. Qualitative 

feedback will provide insights into 

customer or stakeholder perceptions, 

experiences and expectations, provide 

an early warning of issues with service, 

or focus attention on areas where 

communication, training or changes in 

operations might improve delivery of 

products or services. These collections 

will allow for ongoing, collaborative and 

actionable communications between the 

Agency and its customers and 

stakeholders. It will also allow feedback 

to contribute directly to the 

improvement of program management. 

Feedback collected under this generic 

clearance will provide useful 

information, but it will not yield data 

that can be generalized to the overall 

population. This type of generic 

clearance for qualitative information 

will not be used for quantitative 

information collections that are 

designed to yield reliably actionable 

results, such as monitoring trends over 

time or documenting program 

performance. Such data uses require 


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