Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Notices 22281 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions for stay must 

be filed no later than April 21, 2022 (at 

least seven days before the exemption 

becomes effective). 

All pleadings, referring to Docket No. 

FD 36601, should be filed with the 

Surface Transportation Board via efiling on the Board’s website. In 

addition, a copy of each pleading must 

be served on Great Basin’s 

representative, Jeffrey O. Moreno, 

Thompson Hine LLP, 1919 M Street 

NW, Suite 700, Washington, DC 20036. 

According to Great Basin, this action 

is categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and from historic preservation 

reporting requirements under 49 CFR 

1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: April 11, 2022. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Credit. 

[FR Doc. 2022–08004 Filed 4–13–22; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Rescission of the Notice of Intent for 

a Supplemental Environmental Impact 

Statement: Erie and Cattaraugus 

Counties, NY 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: The FHWA is issuing this 

notice to advise the public that we are 

rescinding the Notice of Intent (NOI) to 

prepare a Supplemental Environmental 

Impact Statement (SEIS) for the highway 

improvement project: US Route 219 

Springville to Salamanca, NY Route 39 

to NY Route 17 (Interstate 86), Erie and 

Cattaraugus Counties, New York [New 

York State Department of 

Transportation (NYSDOT) Project 

Identification Number 5101.84]. 

FOR FURTHER INFORMATION CONTACT: 

Richard J. Marquis, Division 

Administrator, FHWA, New York 

Division, Leo W. O’Brien Federal 

Building, 11A Clinton Avenue, Suite 

719, Albany, New York 12207, 

Telephone: (518) 431–4127; or Francis 

P. Cirillo, Regional Director, New York 

State Department of Transportation, 100 

Seneca Street, Buffalo, New York 14203, 

Telephone: (716) 847–3238. 

SUPPLEMENTARY INFORMATION: The 

FHWA issued a Final Environmental 

Impact Statement (FEIS) and Record of 

Decision (ROD) for the US Route 219 

Springville to Salamanca project in 

2003. The FHWA, in cooperation with 

the NYSDOT, subsequently intended to 

prepare a SEIS to supplement the 2003 

FEIS. The NOI to prepare a SEIS was 

published in the Federal Register on 

August 18, 2009, at 74 FR 41781. 

The purpose of the project, as 

presented in the 2003 FEIS, was to 

improve capacity, address safety 

deficiencies, and eliminate a two-lane 

corridor gap between Springville and 

Salamanca. The SEIS would have 

evaluated the effects of a proposal to 

improve the US Route 219 highway 

between the Town of Ashford and I–86 

near the City of Salamanca, all in 

Cattaraugus County, New York. As 

stated in the NOI to prepare the SEIS, 

alternatives under consideration 

included: (1) The Null Alternative, 

taking no action; (2) the Upgrade 

Alternative, widening the existing twolane highway to four lanes with the 

possible inclusion of population center 

by-passes; and (3) the Freeway 

Alternative, constructing a four-lane 

limited access freeway on new location. 

As stated in the NOI, the proposed 

improvement would have involved the 

construction of a new route or the 

upgrade and rehabilitation of the 

existing route for a distance of about 25 

miles. 

Due to economic considerations and 

the increased demand for funding of 

vital infrastructure improvement 

projects in the region, the NOI to 

prepare a SEIS is hereby rescinded. In 

accordance with 23 CFR 771.129, the 

FHWA and NYSDOT will re-evaluate 

the 2003 FEIS and ROD to determine 

whether or not the conclusions in the 

approved NEPA Document and final 

project decision remain valid. 

Comments and questions concerning the 

proposed action should be directed to 

the NYSDOT or FHWA at the addresses 

provided above. 

Richard J. Marquis, 

Division Administrator, HDA–NY, Federal 

Highway Administration. 

[FR Doc. 2022–07981 Filed 4–13–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0032] 

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 18 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 are applicable 

on April 11, 2022. The exemptions 

expire on April 11, 2022. 

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–2022–0032, 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 


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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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