Qualification of Drivers; Exemption Applications; Hearing, 1143 [2024-00258]
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Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0058; FMCSA–
2018–0136; FMCSA–2018–0138; FMCSA–
2018–0139; FMCSA–2019–0109; FMCSA–
2019–0110]
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 16
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 December 26, 2023. The exemptions
expire on December 26, 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:
SUMMARY:
I. Public Participation
khammond on DSKJM1Z7X2PROD with NOTICES
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2017–0058, FMCSA–
2018–0136, FMCSA–2018–0138,
FMCSA–2018–0139, FMCSA–2019–
0109, or FMCSA–2019–0110) 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.
VerDate Sep<11>2014
16:38 Jan 08, 2024
Jkt 262001
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.
II. Background
On November 27, 2023, FMCSA
published a notice announcing its
decision to renew exemptions for 16
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
82942). The public comment period
ended on December 27, 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
FMCSA received no comments in this
proceeding.
IV. Conclusion
Based upon its evaluation of the 16
renewal exemption applications and
comments received, FMCSA announces
its decision to exempt the following
drivers from the hearing requirement in
§ 391.41 (b)(11).
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
1143
As of December 26, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 16 individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (88 FR 82943; 88
FR 82944):
Denis Ayers (MD)
Joseph Bence (OH)
Daryl Broker (MN)
Justin Brooks (WA)
Christa Butner (NC)
William Darnell (AZ)
Travis Davisson (IA)
Steven Gandee (PA)
Derek Hawkins (NH)
James Johnson (MN)
Keith Kenyon (WI)
John Martikainen (CT)
Willis Ryan (GA)
John Silvers (NY)
Jeremy Williams (CA)
Joseph Williams (MD)
The drivers were included in docket
numbers FMCSA–2017–0058, FMCSA–
2018–0136, FMCSA–2018–0138,
FMCSA–2018–0139, FMCSA–2019–
0109, or FMCSA–2019–0110. Their
exemptions were applicable as of
December 26, 2023 and will expire on
December 26, 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. 2024–00258 Filed 1–8–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
[DOT–OST–2023–0165]
Solicitation for Annual Combating
Human Trafficking in Transportation
Impact Award
Office of the Secretary of
Transportation, U.S. Department of
Transportation.
ACTION: Notice.
AGENCY:
The annual Combating
Human Trafficking in Transportation
Impact Award (the award) seeks to raise
awareness among transportation
SUMMARY:
E:\FR\FM\09JAN1.SGM
09JAN1
Agencies
[Federal Register Volume 89, Number 6 (Tuesday, January 9, 2024)]
[Notices]
[Page 1143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00258]
[[Page 1143]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0058; FMCSA-2018-0136; FMCSA-2018-0138; FMCSA-
2018-0139; FMCSA-2019-0109; FMCSA-2019-0110]
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 16
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 December 26, 2023. The
exemptions expire on December 26, 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-2017-0058, FMCSA-2018-0136, FMCSA-2018-0138, FMCSA-2018-
0139, FMCSA-2019-0109, or FMCSA-2019-0110) 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 November 27, 2023, FMCSA published a notice announcing its
decision to renew exemptions for 16 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 82942). The
public comment period ended on December 27, 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 16 renewal exemption applications
and comments received, FMCSA announces its decision to exempt the
following drivers from the hearing requirement in Sec. 391.41 (b)(11).
As of December 26, 2023, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 16 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (88 FR 82943; 88 FR 82944):
Denis Ayers (MD)
Joseph Bence (OH)
Daryl Broker (MN)
Justin Brooks (WA)
Christa Butner (NC)
William Darnell (AZ)
Travis Davisson (IA)
Steven Gandee (PA)
Derek Hawkins (NH)
James Johnson (MN)
Keith Kenyon (WI)
John Martikainen (CT)
Willis Ryan (GA)
John Silvers (NY)
Jeremy Williams (CA)
Joseph Williams (MD)
The drivers were included in docket numbers FMCSA-2017-0058, FMCSA-
2018-0136, FMCSA-2018-0138, FMCSA-2018-0139, FMCSA-2019-0109, or FMCSA-
2019-0110. Their exemptions were applicable as of December 26, 2023 and
will expire on December 26, 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. 2024-00258 Filed 1-8-24; 8:45 am]
BILLING CODE 4910-EX-P