41852 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 

Atlanta Airports District Office, 1701 

Columbia Ave., Suite 220, College Park, 

Georgia 30337–2747, (404)305–6749. 

The application may be reviewed in 

person at this same location. 

Issued in Atlanta, Georgia on July 7, 2022. 

Joseph Parks Preston, 

Assistant Manager, Atlanta Airports District 

Office, Southern Region. 

[FR Doc. 2022–14891 Filed 7–12–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0034] 

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 22 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 July 11, 2022. The exemptions expire 

on July 11, 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–2022–0034, 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 June 3, 2022, FMCSA published a 

notice announcing receipt of 

applications from 22 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 

33875). The public comment period 

ended on July 5, 2022, and one 

comment was 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 one comment in this 

proceeding. One of the applicants, 

Vikramdeep Singh, stated his that his 

name was spelled incorrectly in the 

notice published on June 3, 2022 (87 FR 

33875). The spelling of Mr. Singh’s 

name has been corrected in this notice 

exempting him from the hearing 

standard in § 391.41(b)(11). 

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 


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Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 41853 

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 22 

exemption applications, FMCSA 

exempts the following drivers from the 

hearing standard, § 391.41(b)(11), 

subject to the requirements cited above: 

Christopher Adams (IA), Jerritt Boehle 

(IL), Nathan Bohannon (TX), John 

Darr (TN), Jeremy Earl (IL), Taniko 

Graham (TN), Rodney Henley (AL), 

Quincy Hicks (VA), Omar Ibrahim 

(MN), Larry Mancill (MO), Glenn 

McCormack (IL), Carlos Morales (FL), 

Steven Morris (TX), Tisha Simmons 

(NC), Vikramdeep Singh (NY), Joseph 

Stanford, III (OR), Charles Stire (KY), 

Amanda Sturdevant (TX), Robert 

Walker, Jr. (WA), Joshua Wayland 

(IL), Kevin Young (AL), Karisa 

Zapotocky (CA) 

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. 2022–14849 Filed 7–12–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0080] 

Agency Information Collection 

Activities; Renewal of an Approved 

Information Collection: Lease and 

Interchange of Vehicles 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for its 

review and approval and invites public 

comment. This ICR will enable FMCSA 

to document the burden associated with 

the for-hire truck leasing regulations 

and passenger carrier regulations. These 

regulations require certain for-hire 

property carriers and certain for-hire 

and private passenger carriers to have a 

formal lease when leasing equipment 

from other motor carriers. FMCSA 

requests approval to renew an ICR 

titled, ‘‘Lease and Interchange of 

Vehicles.’’ 

DATES: Comments on this notice must be 

received on or before September 12, 

2022. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Docket Number 

FMCSA–2022–0080 using any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• 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: U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 between 9 

a.m. and 5 p.m. e.t., Monday through 

Friday, except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments see the Public 

Participation heading below. Note that 

all comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov, and follow the 

online instructions for accessing the 

dockets, or go to the street address listed 

above. 

Privacy: In accordance with 5 CFR 

1320.8(d)(1), DOT solicits comments 

from the public to better inform its 

collections of information approval 

process. 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. 

Public Participation: The Federal 

eRulemaking Portal is available 24 

hours each day, 365 days each year. You 

can obtain electronic submission and 

retrieval help and guidelines under the 

‘‘help’’ section of the Federal 

eRulemaking Portal website. If you want 

us to notify you that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments online. Comments received 

after the comment closing date will be 

included in the docket and will be 

considered to the extent practicable. 

FOR FURTHER INFORMATION CONTACT: 

Stacy Ropp, Compliance Division, DOT, 

FMCSA, West Building 6th Floor, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001; (609) 661–2062; 

Stacy.Ropp@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Property transportation. Under 49 

U.S.C. 14102(a), The Secretary of 

Transportation (Secretary) ‘‘may require 

a motor carrier providing for-hire 

transportation that uses motor vehicles 

not owned by it to transport property 

under an arrangement with another 

party to— 

(1) make the arrangement in writing 

signed by the parties specifying its 

duration and the compensation to be 

paid by the motor carrier; 

(2) carry a copy of the arrangement in 

each motor vehicle to which it applies 

during the period the arrangement is in 

effect; 

(3) inspect the motor vehicles and 

obtain liability and cargo insurance on 

them; and 

(4) have control of and be responsible 

for operating those motor vehicles in 

compliance with requirements 

prescribed by the Secretary on safety of 


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