Qualification of Drivers; Exemption Applications; Hearing, 24565-24567 [2024-07386]
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
misting, and application of tackifier
inside the stacks, or cleaning and
removal of ash and other materials. The
fall zones may have berms to reduce the
lateral extent of the dust cloud. Also, a
hardened berm near the base of the
stack could act as a backstop to prevent
rock and debris spreading from the base
of the stacks during demolition.
Æ Some blasting may be required
during the site preparation due to
shallow rock. If blasting is required, the
blasting contractor will complete a
survey, develop a blast plan, and review
with KIF as well as other TVA groups
or projects who may have ongoing and
unrelated projects in the area (i.e. Dam
Safety and Civil Projects) to coordinate
the limits of the vibration monitors/
sensors for KIF generating units or other
sensitive features. After obtaining site
specific data provided by the blasting
contractor, and if deemed necessary
during development of the demolition
plan, TVA would work with a
documentation services company to
prepare a vibration model simulating
the effects of discharge of the explosives
or vibrations due to the stack hitting the
ground. If indicated by the results,
imported fill, dirt binder, and geofabric
could be used for mitigation of noise
and vibration.
Æ During the construction planning
process, TVA will determine mitigation
measures to minimize potential effects
to on-site power transmission
equipment from vibrations caused by
explosive demolition of the stacks. Use
of such mitigation measures would
address any power disruptions.
Æ Explosives will be managed under
the direction of a licensed blaster, 24hour security will be provided to
monitor the explosives, and detailed
security plans will be developed and
provided to area emergency response
agencies as part of measures that will be
taken to mitigate potential effects on the
safety of personnel and the public. TVA
will comply with all Federal and State
regulations applying to blasting and
blast vibration limits regarding
structures and underground utilities.
• Floodplains
Æ Construction of new transmission
lines will adhere to the TVA subclass
review criteria for transmission lines
located in floodplains.
Æ KIF decommissioning and
deconstruction debris will be disposed
of outside 100- and 500-year
floodplains.
Æ For any access roads within 100year floodplains but not floodways, the
roads will be constructed such that
flood elevations would not increase
more than one foot.
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Æ For any roads within 100-year
floodways, and to prevent an
obstruction in the floodway, (1) any fill,
gravel, or other modifications in the
floodway that extend above the preconstruction road grade will be removed
after completion of the project; (2) this
excess material will be spoiled outside
of the published floodway; and (3) the
area will be returned to its preconstruction condition.
Æ Any switchyard(s) located in the
floodplain will be located a minimum of
one foot above the 100-year flood
elevation at that location for a regular
action, or a minimum of the 500-year
flood elevation for a critical action, as
well as be consistent with local
floodplain regulations.
Æ The flood-damageable components
of the solar panels, as well as other
flood-damageable structures and
facilities sited in floodplains, will be
located at least one foot above the 100year flood elevation at that location and
will otherwise be consistent with local
floodplain regulations.
Æ Outside the Kingston Reservation,
in construction laydown areas, flooddamageable equipment or materials
located within the 100-year floodplain
will be relocated outside the floodplain
during a flood.
Æ On the Kingston Reservation, in
construction laydown areas, flooddamageable equipment or materials
located within the 100-year floodplain
will be relocated by the equipment
owner to an area above elevation 750
during a flood.
• ETNG would implement the
following mitigation measures to
mitigate the impacts of construction and
operation of the pipeline:
Æ ETNG would follow the Karst
Hazards Mitigation Guidance Plan
submitted to FERC on July 18, 2023,
with ETNG’s Certificate application,
which provides practical solutions to
address typical karst features,
hydrotechnical hazards, and steep
slopes, where site-specific mitigation
plans are deemed unnecessary.
Æ ETNG would conduct pipeline
blasting during daylight hours, as
feasible, and will not begin until
occupants of nearby buildings, stores,
residences, places of business and farms
have been notified.
Æ ETNG will install the natural gas
pipeline lateral through trenching or
directional drilling, and any excess fill
resulting from this would be disposed of
outside 100-year floodplains.
TVA has incorporated non-routine
mitigation measures into Alternative A
such as solar and battery storage
facilities and hydrogen fuel blending
capabilities. Once constructed and
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24565
operational, the renewable components
will include the 3 to 4 MW solar facility
and 100 MW lithium-ion BESS at the
Kingston Reservation. Alternative A will
be designed to be initially capable of
blending 5 percent hydrogen at the time
of construction, but would be capable of
burning at least 30 percent hydrogen by
volume with modification to the balance
of the plant once a reliable hydrogen
source is identified. If a reliable source
of hydrogen is identified in the future,
TVA would conduct additional analyses
of supply routes, costs, storage
requirements, or other needs to facilitate
incorporation of hydrogen fuel and to
determine the site-specific impacts
associated with any future mitigation
that is planned. These non-routine
mitigation measures have been
incorporated into Alternative A to plan
for future regulatory requirements and
operating conditions, which may
necessitate the need for future
mitigation efforts.
Authority: 40 CFR 1505.2.
Dated: April 2, 2024.
Jeff Lyash,
President & Chief Executive Officer,
Tennessee Valley Authority.
[FR Doc. 2024–07411 Filed 4–5–24; 8:45 am]
BILLING CODE 8120–08–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–2015–0327; FMCSA–
2016–0003; FMCSA–2017–0057; FMCSA–
2017–0059; FMCSA–2018–0137; FMCSA–
2018–0138; FMCSA–2019–0111; FMCSA–
2022–0032]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 28
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
SUMMARY:
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and will expire on the dates provided
below. Comments must be received on
or before May 8, 2024.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2012–0332, Docket No.
FMCSA–2013–0121, Docket No.
FMCSA–2013–0122, Docket No.
FMCSA–2013–0123, Docket No.
FMCSA–2013–0124, Docket No.
FMCSA–2013–0125, Docket No.
FMCSA–2015–0327, Docket No.
FMCSA–2016–0003, Docket No.
FMCSA–2017–0057, Docket No.
FMCSA–2017–0059, Docket No.
FMCSA–2018–0137, Docket No.
FMCSA–2018–0138, Docket No.
FMCSA–2019–0111, or Docket No.
FMCSA–2022–0032 using any of the
following methods:
• Federal eRulemaking Portal: 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–
2015–0327, FMCSA–2016–0003,
FMCSA–2017–0057, FMCSA–2017–
0059, FMCSA–2018–0137, FMCSA–
2018–0138, FMCSA–2019–0111, or
FMCSA–2022–0032) in the keyword box
and click ‘‘Search.’’ Next, sort the
results by ‘‘Posted (Newer-Older),’’
choose the first notice listed, and click
on the ‘‘Comment’’ button. Follow the
online instructions for submitting
comments.
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery: West Building
Ground Floor, 1200 New Jersey Avenue
SE, Washington, DC 20590–0001,
between 9 a.m. and 5 p.m. ET Monday
through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
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:
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I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2012–0332,
Docket No. FMCSA–2013–0121, Docket
No. FMCSA–2013–0122, Docket No.
FMCSA–2013–0123, Docket No.
FMCSA–2013–0124, Docket No.
FMCSA–2013–0125, Docket No.
FMCSA–2015–0327, Docket No.
FMCSA–2016–0003, Docket No.
FMCSA–2017–0057, Docket No.
FMCSA–2017–0059, Docket No.
FMCSA–2018–0137, Docket No.
FMCSA–2018–0138, Docket No.
FMCSA–2019–0111, or Docket No.
FMCSA–2022–0032), indicate the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. 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 that FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, 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–
2015–0327, FMCSA–2016–0003,
FMCSA–2017–0057, FMCSA–2017–
0059, FMCSA–2018–0137, FMCSA–
2018–0138, FMCSA–2019–0111, or
FMCSA–2022–0032) in the keyword box
and click ‘‘Search.’’ Next, sort the
results by ‘‘Posted (Newer-Older),’’
choose the first notice listed, click the
‘‘Comment’’ button, and type your
comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
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. FMCSA will consider
all comments and material received
during the comment period.
B. 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–
2015–0327, FMCSA–2016–0003,
FMCSA–2017–0057, FMCSA–2017–
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0059, FMCSA–2018–0137, FMCSA–
2018–0138, FMCSA–2019–0111, or
FMCSA–2022–0032) 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.
C. 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
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
statutes also allow the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The physical qualification standard
for drivers regarding hearing found in
49 CFR 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
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
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).
The 28 individuals listed in this
notice have requested renewal of their
exemptions from the hearing standard
in § 391.41(b)(11), in accordance with
FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable 2-year period.
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III. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. 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(b), FMCSA
will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each of the 28 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement. The 28 drivers in
this notice remain in good standing with
the Agency. In addition, for commercial
driver’s license (CDL) holders, the
Commercial Driver’s License
Information System and the Motor
Carrier Management Information System
are searched for crash and violation
data. For non-CDL holders, the Agency
reviews the driving records from the
State Driver’s Licensing Agency. These
factors provide an adequate basis for
predicting each driver’s ability to
continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA
concludes that extending the exemption
for each of these drivers for a period of
2 years is likely to achieve a level of
safety equal to that existing without the
exemption.
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of April and are discussed
below. As of April 2, 2024, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 12 individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers:
Roger Boge (IA)
Johnny Brewer (OH)
Michael Bunjer (MD)
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Stephen Daniels (KS)
James Gooch (MO)
Paul Klug (IA)
Dayton Lawson, Jr. (MI)
Calvin Payne (MD)
Kiley Peterson (IA)
Ronald Rumsey (IA)
Khon Saysanam (TX)
James Schubin (CA)
The drivers were included in docket
numbers FMCSA–2013–0122, FMCSA–
2013–0125, FMCSA–2015–0327,
FMCSA–2016–0003, FMCSA–2017–
0057, FMCSA–2017–0059, and FMCSA–
2019–0111. Their exemptions are
applicable as of April 2, 2024 and will
expire on April 2, 2026.
As of April 11, 2024, 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:
Nathaniel Borton (WI)
Lee Desoto (NM)
ZanDraya Pollock (UT)
Adem Rexhepi (IL)
Fernando Rizo (CA)
Arnold Vega (TX)
Larry West (TN)
The drivers were included in docket
number FMCSA–2022–0032. Their
exemptions are applicable as of April
11, 2024 and will expire on April 11,
2026.
As of April 21, 2024, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 3 individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers: Andrew Alcozer
(IL); Jacob Paullin (WI); and Ryan Pope
(CA).
The drivers were included in docket
numbers FMCSA–2013–0121, FMCSA–
2013–0122, and FMCSA–2013–0123.
Their exemptions are applicable as of
April 21, 2024 and will expire on April
21, 2026.
As of April 23, 2024, 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: Donald Lynch
(AR) and Zachary Rietz (AR).
The drivers were included in docket
number FMCSA–2012–0332. Their
exemptions are applicable as of April
23, 2024 and will expire on April 23,
2026.
As of April 24, 2024, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals
have satisfied the renewal conditions for
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24567
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers:
Oluwatobi Akinsanya (NJ)
Kwinton Carpenter (OH)
Kevin Dent (MS)
Andrey Shevchenko (MN)
The drivers were included in docket
number FMCSA–2013–0124, and
FMCSA–2018–0137, FMCSA–2018–
0138. Their exemptions are applicable
as of April 24, 2024 and will expire on
April 24, 2026.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) each
driver must report any crashes or
accidents as defined in § 390.5T; and (2)
report all citations and convictions for
disqualifying offenses under 49 CFR
parts 383 and 391 to FMCSA; and (3)
each driver 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. Each
exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The
exemption will be rescinded if: (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 before it
was 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).
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 28
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the hearing requirement in
§ 391.41(b)(11). In accordance with 49
U.S.C. 31136(e) and 31315(b), each
exemption will be valid for 2 years
unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024–07386 Filed 4–5–24; 8:45 am]
BILLING CODE 4910–EX–P
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08APN1
Agencies
[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24565-24567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07386]
=======================================================================
-----------------------------------------------------------------------
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-2015-0327; FMCSA-
2016-0003; FMCSA-2017-0057; FMCSA-2017-0059; FMCSA-2018-0137; FMCSA-
2018-0138; FMCSA-2019-0111; FMCSA-2022-0032]
Qualification of Drivers; Exemption Applications; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of renewal of exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 28
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
[[Page 24566]]
and will expire on the dates provided below. Comments must be received
on or before May 8, 2024.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2012-0332, Docket No. FMCSA-2013-
0121, Docket No. FMCSA-2013-0122, Docket No. FMCSA-2013-0123, Docket
No. FMCSA-2013-0124, Docket No. FMCSA-2013-0125, Docket No. FMCSA-2015-
0327, Docket No. FMCSA-2016-0003, Docket No. FMCSA-2017-0057, Docket
No. FMCSA-2017-0059, Docket No. FMCSA-2018-0137, Docket No. FMCSA-2018-
0138, Docket No. FMCSA-2019-0111, or Docket No. FMCSA-2022-0032 using
any of the following methods:
Federal eRulemaking Portal: 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-2015-
0327, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2018-
0137, FMCSA-2018-0138, FMCSA-2019-0111, or FMCSA-2022-0032) in the
keyword box and click ``Search.'' Next, sort the results by ``Posted
(Newer-Older),'' choose the first notice listed, and click on the
``Comment'' button. Follow the online instructions for submitting
comments.
Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET
Monday through Friday, except Federal Holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
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. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2012-0332, Docket No. FMCSA-2013-0121, Docket
No. FMCSA-2013-0122, Docket No. FMCSA-2013-0123, Docket No. FMCSA-2013-
0124, Docket No. FMCSA-2013-0125, Docket No. FMCSA-2015-0327, Docket
No. FMCSA-2016-0003, Docket No. FMCSA-2017-0057, Docket No. FMCSA-2017-
0059, Docket No. FMCSA-2018-0137, Docket No. FMCSA-2018-0138, Docket
No. FMCSA-2019-0111, or Docket No. FMCSA-2022-0032), indicate the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. 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 that FMCSA can contact you if
there are questions regarding your submission.
To submit your comment online, 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-2015-0327,
FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2018-0137,
FMCSA-2018-0138, FMCSA-2019-0111, or FMCSA-2022-0032) in the keyword
box and click ``Search.'' Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. FMCSA will consider all comments and
material received during the comment period.
B. 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-2015-0327, FMCSA-2016-
0003, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2018-0137, FMCSA-2018-
0138, FMCSA-2019-0111, or FMCSA-2022-0032) 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.
C. 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
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 statutes also allow 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 physical qualification standard for drivers regarding hearing
found in 49 CFR 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
[[Page 24567]]
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).
The 28 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec. 391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.
III. Request for Comments
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. 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(b), FMCSA will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 28
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 28 drivers in this notice
remain in good standing with the Agency. In addition, for commercial
driver's license (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of April and
are discussed below. As of April 2, 2024, and in accordance with 49
U.S.C. 31136(e) and 31315(b), the following 12 individuals have
satisfied the renewal conditions for obtaining an exemption from the
hearing requirement in the FMCSRs for interstate CMV drivers:
Roger Boge (IA)
Johnny Brewer (OH)
Michael Bunjer (MD)
Stephen Daniels (KS)
James Gooch (MO)
Paul Klug (IA)
Dayton Lawson, Jr. (MI)
Calvin Payne (MD)
Kiley Peterson (IA)
Ronald Rumsey (IA)
Khon Saysanam (TX)
James Schubin (CA)
The drivers were included in docket numbers FMCSA-2013-0122, FMCSA-
2013-0125, FMCSA-2015-0327, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-
2017-0059, and FMCSA-2019-0111. Their exemptions are applicable as of
April 2, 2024 and will expire on April 2, 2026.
As of April 11, 2024, 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:
Nathaniel Borton (WI)
Lee Desoto (NM)
ZanDraya Pollock (UT)
Adem Rexhepi (IL)
Fernando Rizo (CA)
Arnold Vega (TX)
Larry West (TN)
The drivers were included in docket number FMCSA-2022-0032. Their
exemptions are applicable as of April 11, 2024 and will expire on April
11, 2026.
As of April 21, 2024, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 3 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers: Andrew Alcozer (IL); Jacob
Paullin (WI); and Ryan Pope (CA).
The drivers were included in docket numbers FMCSA-2013-0121, FMCSA-
2013-0122, and FMCSA-2013-0123. Their exemptions are applicable as of
April 21, 2024 and will expire on April 21, 2026.
As of April 23, 2024, 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: Donald Lynch (AR) and Zachary
Rietz (AR).
The drivers were included in docket number FMCSA-2012-0332. Their
exemptions are applicable as of April 23, 2024 and will expire on April
23, 2026.
As of April 24, 2024, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Oluwatobi Akinsanya (NJ)
Kwinton Carpenter (OH)
Kevin Dent (MS)
Andrey Shevchenko (MN)
The drivers were included in docket number FMCSA-2013-0124, and
FMCSA-2018-0137, FMCSA-2018-0138. Their exemptions are applicable as of
April 24, 2024 and will expire on April 24, 2026.
V. Conditions and Requirements
The exemptions are extended subject to the following conditions:
(1) each driver must report any crashes or accidents as defined in
Sec. 390.5T; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3)
each driver 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. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(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 before it was 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).
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 28 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec. 391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for 2 years unless
revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-07386 Filed 4-5-24; 8:45 am]
BILLING CODE 4910-EX-P