36360 Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Notices 

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 no comments in this 

proceeding. 

IV. Conclusion 

Based upon its evaluation of the 12 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following drivers from the 

hearing requirement in § 391.41(b)(11). 

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

and 31315(b), the following groups of 

drivers received renewed exemptions in 

the month of October and are discussed 

below: 

As of October 1, 2021, and in 

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

31315(b), the following seven 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement in the 

FMCSRs for interstate CMV drivers (86 

FR 54503): 

Azulita-Jane Camacho (AZ) 

Wayne Crowl (IN) 

Robert Culp (FL) 

Charles Davis (AL) 

Christopher Fisher (WA) 

Jerrell McCrary (NC) 

John Price (TX) 

The drivers were included in docket 

number FMCSA–2014–0385 or FMCSA– 

2018–0139. Their exemptions were 

applicable as of October 1, 2021 and 

will expire on October 1, 2023. 

As of October 10, 2021, 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 (86 

FR 54503): 

Kurt Bernabei (IL); Steven Gandee (PA); 

Steven Robelia (WI) 

The drivers were included in docket 

number FMCSA–2019–0109. Their 

exemptions were applicable as of 

October 10, 2021 and will expire on 

October 10, 2023. 

As of October 22, 2021, and in 

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

31315(b), the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (86 FR 54503): 

Richard Carter (MD) and Clinton Homon 

(IL) 

The drivers were included in docket 

number FMCSA–2014–0387. Their 

exemptions were applicable as of 

October 22, 2021 and will expire on 

October 22, 2023. 

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. 2022–12978 Filed 6–15–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0406] 

Commercial Driver’s License 

Standards: Application for Exemption 

Renewal; C.R. England, Inc. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of exemption renewal; 

request for comments. 

SUMMARY: FMCSA announces its 

decision to provisionally renew a C.R. 

England, Inc. (C.R. England) exemption 

from the regulatory provisions that 

require a commercial learner’s permit 

(CLP) holder to be accompanied by a 

commercial driver’s license (CDL) 

holder with the proper CDL class and 

endorsements seated in the front seat of 

the vehicle while the CLP holder 

performs behind-the-wheel training on 

public roads or highways. The 

exemption allows a CLP holder who has 

passed the skills test but not yet 

received the CDL document to drive a 

C.R. England commercial motor vehicle 

(CMV) accompanied by a CDL holder 

who is not necessarily in the passenger 

seat, provided the driver has 

documentation of passing the skills test. 

The exemption renewal is for 5 years. 

DATES: This renewed exemption is 

effective June 13, 2022 and expires on 

June 12, 2027. Comments must be 

received on or before July 18, 2022. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2014–0406 by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• 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 or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001 between 9 

a.m. and 5 p.m. E.T., Monday through 

Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice (FMCSA–2014–0406). Note 

that DOT posts all comments received 

without change to www.regulations.gov, 

including any personal information 

included in a comment. Please see the 

Privacy Act heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit Room W12–140 on the 

ground level of the 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. 

Privacy Act: In accordance with 49 

U.S.C. 31315(b)(6), DOT solicits 

comments from the public on the 

exemption renewal 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. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Bernadette Walker, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; (202) 385–2415; MCPSD@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 


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Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Notices 36361 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2014–0406), indicate 

the specific section of this document to 

which the comment applies and provide 

a reason for suggestions or 

recommendations. 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 the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov and put the docket 

number FMCSA–2014–0406 in the 

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

When the new screen appears, click on 

‘‘Documents’’ button, then click the 

‘‘Comment’’ button associated with the 

latest notice posted. Another screen will 

appear; insert the required information. 

Choose whether you are submitting your 

comment as an individual, an 

organization, or anonymous. Click 

‘‘Submit Comment.’’ 

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. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b)(2) and 49 CFR 

381.300(b) to renew an exemption from 

the Federal Motor Carrier Safety 

Regulations for 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.’’ C.R. 

England has requested a five-year 

extension of the current exemption in 

Docket No. FMCSA–2014–0406. 

III. Background 

Current Regulation(s) Requirements 

FMCSA’s CDL regulations provide 

minimum training conditions for 

behind-the-wheel training of a CLP 

holder in 49 CFR 383.25. Section 

383.25(a)(1) requires that a CLP holder 

at all times be accompanied by a CDL 

holder with the proper CDL class and 

endorsements. The CDL holder must be 

seated in the front seat of the vehicle 

while the CLP holder performs behindthe-wheel training on public roads or 

highways. 

Application for Renewal of Exemption 

FMCSA published notice of C.R. 

England’s initial application for 

exemption from 49 CFR 383.25(a)(1) to 

this docket on November 28, 2014 [79 

FR 70916]. That notice described the 

nature of C.R. England’s operations. 

FMCSA published a notice granting C.R. 

England’s exemption request on June 

11, 2015, which was effective through 

June 12, 2017 [80 FR 33329]. FMCSA 

found that C.R. England would likely 

achieve a level of safety that was 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with the regulation because 

CLP holders who have passed the CDL 

skills test are qualified and eligible to 

obtain a CDL. FMCSA published a 

notice granting C.R. England’s request to 

renew its exemption to this docket on 

June 12, 2017 [82 FR 26975]. FMCSA 

addressed public comments and 

reaffirmed the renewal on October 20, 

2017 [82 FR 48889]. The renewal 

expires on June 12, 2022. 

C.R. England has now requested an 

additional renewal of the exemption for 

another 5-year period. A copy of C.R. 

England’s request has been placed in the 

docket to this notice. 

IV. Equivalent Level of Safety 

FMCSA determined in 2015 and again 

in 2017 that C.R. England drivers would 

likely achieve a level of safety 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. FMCSA noted in its October 

20, 2017 notice that CLP holders who 

have passed the CDL skills test are 

qualified and eligible to obtain a CDL. 

If those CLP holders obtained their CLPs 

and training in their State of domicile, 

they could immediately receive their 

CDL at the State driver licensing agency 

and begin driving a CMV without any 

on-board supervision. 

In its January 21, 2022 application for 

renewal, C.R. England states that in the 

six and a half years that it has operated 

under the exemption (from mid-2015 

through the end of 2021), 17,249 drivers 

used the exemption and traveled over 

150 million miles. During that period, 

52 injury and no fatal crashes occurred. 

C.R. England states that its overall crash 

rates have declined since 2015, with a 

10% reduction in total crashes and a 

38% reduction in injury crashes. C.R. 

England believes that, under the 

exemption, it achieves a level of safety 

that is greater than the level of safety 

obtained by compliance with section 

383.25(a)(1), because new drivers may 

immediately begin using their skills 

rather than waiting until they return to 

their State of domicile to obtain the 

permanent CDL. 

FMCSA is unaware of any evidence of 

a degradation of safety attributable to 

the current exemption for C.R. England 

drivers. There is no indication of an 

adverse impact on safety while 

operating under the terms and 

conditions specified in the initial 

exemption or exemption renewal. 

FMCSA concludes that provisionally 

extending the exemption granted on 

June 11, 2015 for another five years, 

under the terms and conditions listed 

below, will likely achieve a level of 

safety that is equivalent to, or greater 

than, the level of safety achieved 

without the exemption. 

V. Exemption Decision 

A. Grant of Exemption 

FMCSA provisionally renews the 

exemption for a period of five years 

subject to the terms and conditions of 

this decision and the absence of public 

comments that would cause the Agency 

to terminate the exemption under Sec. 

V.F. below. The exemption from the 

requirements of 49 CFR 383.25(a)(1), is 

otherwise effective June 13, 2022 

through June 12, 2027, 11:59 p.m. local 

time, unless renewed or rescinded. 

B. Applicability of Exemption 

The exemption excuses C.R. England 

from the requirement that a driver 

accompanying a CLP holder always be 

physically present in the front seat of a 

CMV, on the condition that the CLP 

holder has successfully passed an 

approved CDL skills test. 

C. Terms and Conditions 

When operating under this 

exemption, C.R. England and its drivers 

are subject to the following terms and 

conditions: 

(1) C.R. England and its drivers must 

comply with all other applicable 

Federal Motor Carrier Safety 

Regulations (49 CFR part 350–399); 

(2) The drivers must be in possession 

of a valid State driver’s license, CLP 

with the required endorsements, and 

documentation that they have passed 

the CDL skills test; 

(3) The drivers must not be subject to 

any OOS order or suspension of driving 

privileges; and 

(4) The drivers must be able to 

provide this exemption document to 

enforcement officials. 

D. Preemption 

In accordance with 49 U.S.C. 

31315(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 


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36362 Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Notices 

enforce any law or regulation that 

conflicts with or is inconsistent with 

this exemption with respect to a firm or 

person operating under the exemption. 

States may, but are not required to, 

adopt the same exemption with respect 

to operations in intrastate commerce. 

E. Notification to FMCSA 

C.R. England must notify FMCSA 

within 5 business days of any accident 

(as defined in 49 CFR 390.5) involving 

any of its CMVs operating under the 

terms of this exemption. The 

notification must include the following 

information: 

(a) Name of the exemption: ‘‘C.R. 

England’’; 

(b) Date of the accident; 

(c) City or town, and State, in which 

the accident occurred, or closest to the 

accident scene; 

(d) Driver’s name and license number; 

(e) Vehicle number and State license 

number; 

(f) Number of individuals suffering 

physical injury; 

(g) Number of fatalities; 

(h) The police-reported cause of the 

accident; 

(i) Whether the driver was cited for 

violation of any traffic laws, motor 

carrier safety regulations; and 

(j) The driver’s total driving time and 

total on-duty time prior to the accident. 

Reports filed under this provision 

shall be emailed to MCPSD@DOT.GOV. 

F. Termination 

FMCSA does not believe the drivers 

covered by this exemption will 

experience any deterioration of their 

safety record. The exemption will be 

rescinded if: (1) C.R. England and 

drivers operating under the exemption 

fail 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 objects of 49 U.S.C. 

31136(e) and 31315. 

VI. Request for Comments 

FMCSA requests public comment 

from all interested persons on C.R. 

England’s application for a renewal of 

the exemption. 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, FMCSA will take 

immediate steps to rescind the 

exemption of the company or 

companies and drivers in question. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–12921 Filed 6–15–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0332; 

FMCSA–2013–0121; FMCSA–2013–0122; 

FMCSA–2013–0123; FMCSA–2013–0124; 

FMCSA–2013–0125; FMCSA–2013–0126; 

FMCSA–2015–0325; FMCSA–2015–0327; 

FMCSA–2016–0003; FMCSA–2017–0057; 

FMCSA–2017–0059; FMCSA–2019–0111] 

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 renew exemptions for 31 

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: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates provided 

below. 

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–2012–0332, FMCSA– 

2013–0121, FMCSA–2013–0122, 

FMCSA–2013–0123, FMCSA–2013– 

0124, FMCSA–2013–0125, FMCSA– 

2013–0126, FMCSA–2015–0325, 

FMCSA–2015–0327, FMCSA–2016– 

0003, FMCSA–2017–0057, FMCSA– 

2017–0059, or FMCSA–2019–0111 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 

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 April 1, 2022, FMCSA published 

a notice announcing its decision to 

renew exemptions for 31 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 (81 FR 

19171). The public comment period 

ended on April 1, 2022, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

renewing these exemptions 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 


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