Qualification of Drivers; Exemption Applications; Hearing, 88212-88213 [2023-27994]

Download as PDF 88212 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices Total Burden Hours (annually including all respondents): 420 hours. This estimated total burden hours is shown in the Table below. TABLE—TOTAL BURDEN HOURS Total annual hours for samples submitted Categories of respondents ddrumheller on DSK120RN23PROD with NOTICES1 Railroads Railroads Railroads Railroads that that that that conduct their own sampling and report monthly ................................................................................................ conduct their own sampling and report quarterly .............................................................................................. have a third party sample their waybills and report monthly ............................................................................. have a third party sample their waybills and report quarterly ........................................................................... 150 20 30 220 Total Annual Burden Hours ................................................................................................................................................ 420 Total Annual ‘‘Non-Hour Burden’’ Cost: There are no other costs identified because filings are submitted electronically to the Board. Needs and Uses: The Board is, by statute, responsible for the economic regulation of common carrier rail transportation in the United States and collects rail-carload waybills for this purpose. The Board has authority to collect these waybills under 49 U.S.C. 11144, 11145, and the Board often uses the information in rail-carload waybills to carry out its responsibilities. A rail-carload waybill is a ‘‘document or instrument prepared from the bill of lading contract or shipper’s instructions as to the disposition of the freight, and [is] used by the railroad(s) involved as the authority to move the shipment and as the basis for determining the freight charges and interline settlements.’’ 49 CFR 1244.1(c). From these carload waybills, the Board creates an aggregate compilation of the sampled waybills of all reporting carriers, referred to as the Waybill Sample. The Waybill Sample is the Board’s principal source of data about freight rail shipments. The information in the Waybill Sample is used by the Board, other federal and state agencies, and industry stakeholders to monitor traffic flows and rate trends in the industry, and to develop testimony in Board proceedings. The Board’s collection and use of this data enables it to meet its statutory duty to regulate the rail industry. Under the PRA, a federal agency that conducts or sponsors a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Section 3507(b) of the PRA requires, concurrent with an agency’s submitting a collection to OMB for approval, a 30-day notice and comment period through publication in VerDate Sep<11>2014 18:02 Dec 19, 2023 Jkt 262001 the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Information from certain schedules contained in these reports is available at the Board’s website at www.stb.gov by navigating to ‘‘Reports & Data’’ and clicking on ‘‘Economic Data.’’ Information in these reports is not available from any other source. Dated: December 15, 2023. Kenyatta Clay, Clearance Clerk. BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA–2014–0383; FMCSA–2014–0385; FMCSA–2014–0387; FMCSA–2018–0139; FMCSA–2019–0109; FMCSA–2019–0110; FMCSA–2021–0015] 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 13 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 November 19, 2023. The exemptions expire on November 19, 2025. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, PO 00000 Frm 00172 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: I. Public Participation A. Viewing Comments [FR Doc. 2023–27947 Filed 12–19–23; 8:45 am] SUMMARY: 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. To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2014–0383, FMCSA– 2014–0385, FMCSA–2014–0387, FMCSA–2018–0139, FMCSA–2019– 0109, FMCSA–2019–0110, or FMCSA– 2021–0015) 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-systemrecords-notices, the comments are searchable by the name of the submitter. E:\FR\FM\20DEN1.SGM 20DEN1 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices II. Background On October 31, 2023, FMCSA published a notice announcing its decision to renew exemptions for 13 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 74560). The public comment period ended on November 30, 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 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 ddrumheller on DSK120RN23PROD with NOTICES1 IV. Conclusion Based upon its evaluation of the 13 renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41(b)(11). As of November 19, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 13 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (88 FR 74561): Jeffrey Barbuto (NH) Wayne Crowl (IN) Debbie Gaskill (GA) Jason Gensler (OH) Emil Iontchev (IL) Jerrell McCrary (NC) Danny McGowan (WV) Matthew Moore (TX) Abdiwahab Olow (MN) Stuart Randles (FL) 18:02 Dec 19, 2023 Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–27994 Filed 12–19–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2023–0032] Proposed General Directive 24–1: Required Actions Regarding Assaults on Transit Workers Federal Transit Administration (FTA), Department of Transportation (DOT). ACTION: Notice of proposed general directive; request for comments. AGENCY: FMCSA received no comments in this proceeding. VerDate Sep<11>2014 Anthony Saive (TN) Jennifer Valentine (TX) Donald Weyand (MI) The drivers were included in docket numbers FMCSA–2014–0383, FMCSA– 2014–0385, FMCSA–2014–0387, FMCSA–2018–0139, FMCSA–2019– 0109, FMCSA–2019–0110, or FMCSA– 2021–0015. Their exemptions were applicable as of November 19, 2023 and will expire on November 19, 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. Jkt 262001 The Federal Transit Administration (FTA) is proposing a General Directive to address the significant and continuing nationallevel safety risk related to assaults on transit workers. The General Directive would require each transit agency subject to FTA’s Public Transportation Agency Safety Plans (PTASP) regulation to conduct a safety risk assessment, identify safety risk mitigations or strategies, and provide information to FTA on how it is assessing, mitigating, and monitoring the safety risk associated with assaults on transit workers. As required by the Bipartisan Infrastructure Law, each transit agency serving a large urbanized area must involve the joint labor-management Safety Committee when identifying safety risk mitigations. SUMMARY: PO 00000 Frm 00173 Fmt 4703 Sfmt 4703 88213 Comments should be filed by February 20, 2024. FTA will consider comments received after that date to the extent practicable. ADDRESSES: You may send comments, identified by docket number FTA– 2023–0032, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for sending comments. • Fax: (202) 493–2251. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery/Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Instructions: All submissions received must include the agency name (Federal Transit Administration and Docket Number (FTA–2023–0032). All comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Docket: For internet access to the docket to read background documents and comments received, go to https:// www.regulations.gov. Background documents and comments received may also be viewed at the U.S. Department of Transportation, 1200 New Jersey Ave. SE, Docket Operations, M–30, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001, between 9 a.m. and 5 p.m. EST, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For program matters, contact Stewart Mader, Office of Transit Safety and Oversight, (202) 366–9677 or stewart.mader@ dot.gov. For legal matters, contact Heather Ueyama, Office of Chief Counsel, (202) 366–7374 or heather.ueyama@dot.gov. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: FTA is seeking comment on a proposed General Directive to address the significant and continuing nationwide safety risk associated with assaults on transit workers.1 This General Directive is part of FTA’s ongoing comprehensive efforts to improve transit worker safety. FTA is also undertaking other actions related to DATES: 1 For purposes of this General Directive, transit worker means any employee, contractor, or volunteer working on behalf of a transit agency, who comes into contact with the public while performing their duties. E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88212-88213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27994]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA-2014-0383; FMCSA-2014-0385; FMCSA-2014-0387; FMCSA-2018-0139; 
FMCSA-2019-0109; FMCSA-2019-0110; FMCSA-2021-0015]


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 13 
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 November 19, 2023. The 
exemptions expire on November 19, 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-2014-0383, FMCSA-2014-0385, FMCSA-2014-0387, FMCSA-2018-
0139, FMCSA-2019-0109, FMCSA-2019-0110, or FMCSA-2021-0015) 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.

[[Page 88213]]

II. Background

    On October 31, 2023, FMCSA published a notice announcing its 
decision to renew exemptions for 13 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 74560). The 
public comment period ended on November 30, 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 13 renewal exemption applications, 
FMCSA announces its decision to exempt the following drivers from the 
hearing requirement in Sec.  391.41(b)(11).
    As of November 19, 2023, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 13 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (88 FR 74561):

Jeffrey Barbuto (NH)
Wayne Crowl (IN)
Debbie Gaskill (GA)
Jason Gensler (OH)
Emil Iontchev (IL)
Jerrell McCrary (NC)
Danny McGowan (WV)
Matthew Moore (TX)
Abdiwahab Olow (MN)
Stuart Randles (FL)
Anthony Saive (TN)
Jennifer Valentine (TX)
Donald Weyand (MI)

    The drivers were included in docket numbers FMCSA-2014-0383, FMCSA-
2014-0385, FMCSA-2014-0387, FMCSA-2018-0139, FMCSA-2019-0109, FMCSA-
2019-0110, or FMCSA-2021-0015. Their exemptions were applicable as of 
November 19, 2023 and will expire on November 19, 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. 2023-27994 Filed 12-19-23; 8:45 am]
BILLING CODE 4910-EX-P

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