Qualification of Drivers; Exemption Applications; Hearing, 73935 [2023-23742]

Download as PDF Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Notices FMCSA’s functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. The Agency will summarize or include your comments in the request for OMB’s clearance of this ICR. Issued under the authority of 49 CFR 1.87. Thomas P. Keane, Associate Administrator, Office of Research and Registration. [FR Doc. 2023–23744 Filed 10–26–23; 8:45 am] BILLING CODE 4910–EX–P number (FMCSA–2014–0107, FMCSA– 2014–0385, FMCSA–2014–0386, FMCSA–2021–0014, FMCSA–2018– 0135, or FMCSA–2018–0138) 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 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 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0107; FMCSA– 2014–0385; FMCSA–2014–0386; FMCSA– 2018–0135; FMCSA–2018–0138; FMCSA– 2021–0014] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for eight 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 were applicable on September 12, 2023. The exemptions expire on September 12, 2025. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001, (202) 366– 4001, fmcsamedical@dot.gov. Office hours are 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: ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket VerDate Sep<11>2014 17:44 Oct 26, 2023 Jkt 262001 In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption requests. 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 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background On September 6, 2023, FMCSA published a notice announcing its decision to renew exemptions for eight 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 (88 FR 60732). The public comment period ended on October 5, 2023, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would likely achieve a level of safety that is 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 PO 00000 Frm 00113 Fmt 4703 Sfmt 9990 73935 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 8, 1971), respectively). III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based upon its evaluation of the eight renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41(b)(11). As of September 12, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (88 FR 60734): Daniel Alcozer (IL) Alex Courtney Bertling (OR) Mark Howard (NY) David Jakubowski (CA) Jay Larson (TX) Tia Matthews (TX) Eduwin Pineiro (TX) Jason Swearington (TX) The drivers were included in docket numbers FMCSA–2014–0107, FMCSA– 2014–0385, FMCSA–2014–0386, FMCSA–2021–0014, FMCSA–2018– 0135, or FMCSA–2018–0138. Their exemptions were applicable as of September 12, 2023 and will expire on September 12, 2025. 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, 49 U.S.C. chapter 313, or the FMCSRs. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–23742 Filed 10–26–23; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Page 73935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23742]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0107; FMCSA-2014-0385; FMCSA-2014-0386; FMCSA-
2018-0135; FMCSA-2018-0138; FMCSA-2021-0014]


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 eight 
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 were applicable on September 12, 2023. The 
exemptions expire on September 12, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room 
W64-224, Washington, DC 20590-0001, (202) 366-4001, 
[email protected]. Office hours are 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-2014-0107, FMCSA-2014-0385, FMCSA-2014-0386, FMCSA-2021-
0014, FMCSA-2018-0135, or FMCSA-2018-0138) 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 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 requests. 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 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter.

II. Background

    On September 6, 2023, FMCSA published a notice announcing its 
decision to renew exemptions for eight 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 (88 FR 60732). The 
public comment period ended on October 5, 2023, and no comments were 
received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions would likely achieve a level 
of safety that is equivalent to, or greater than, the level that would 
be achieved by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing 
found in Sec.  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 8, 1971), 
respectively).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the eight renewal exemption 
applications, FMCSA announces its decision to exempt the following 
drivers from the hearing requirement in Sec.  391.41(b)(11).
    As of September 12, 2023, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following eight individuals have satisfied the 
renewal conditions for obtaining an exemption from the hearing 
requirement in the FMCSRs for interstate CMV drivers (88 FR 60734):

Daniel Alcozer (IL)
Alex Courtney Bertling (OR)
Mark Howard (NY)
David Jakubowski (CA)
Jay Larson (TX)
Tia Matthews (TX)
Eduwin Pineiro (TX)
Jason Swearington (TX)

    The drivers were included in docket numbers FMCSA-2014-0107, FMCSA-
2014-0385, FMCSA-2014-0386, FMCSA-2021-0014, FMCSA-2018-0135, or FMCSA-
2018-0138. Their exemptions were applicable as of September 12, 2023 
and will expire on September 12, 2025.
    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, 49 
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-23742 Filed 10-26-23; 8:45 am]
BILLING CODE 4910-EX-P

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