Qualification of Drivers; Exemption Applications; Hearing, 35924-35926 [2024-09522]

Download as PDF 35924 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices for which estimates can be developed from the NHTS data are straightforward. Geocoding and GIS processing can be used to link addresses to states and counties in a highly reliable fashion. There can be some ambiguity for addresses that are P.O. boxes or are listed as rural route addresses. These can be handled in a routine manner with a set of well-defined rules as such addresses will represent only a small proportion of the population. Thus, no important issues arise in the definition of areas with an ABS sample design that relies on mail for initial contact, as is the case with the proposed approach. Assignments for recording travel data by sampled households will be equally distributed across all days to ensure a balanced day-of-week distribution. The sample (of recruitment letters to households) will be released periodically through a process that will control the balance of travel days by month. khammond on DSKJM1Z7X2PROD with NOTICES Data Collection Methods An updated approach to enhancing survey response has been developed. This includes providing progressive monetary incentives and using a mail with push-to-web recruitment survey that is just 5 minutes in length. Upon completing the recruitment survey, household members aged 5 and older are offered the opportunity to provide their travel on an assigned travel day via a smartphone app. or web using a unique personal identification number (PIN) or telephone interview. Information Proposed for Collection Recruitment. The survey will begin with mailing the sampled households an initial invitation letter followed by postcard and letter reminders. The letter will contain a $2 cash incentive per household and promised incentives (up to $20 per person) to encourage diary completion. Participants will complete the recruitment survey on the web. The survey is designed to collect key household information (e.g., enumeration of household members), basic demographic characteristics (e.g., age, gender, etc.), and personal contact information (e.g., email address and telephone number). To support recruitment, the study will provide a toll-free number on survey materials. The study website will provide responses to likely questions and will serve as the portal to the survey. Diary Retrieval. The travel day diary data will be collected from respondents either from self-reporting via the web or a smartphone app., or from professionally trained interviewers using a computer-assisted telephone VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 interviewing (CATI) system. The questionnaire and back-end systems allow for sophisticated branching and skip patterns to enhance data retrieval by asking only those questions that are necessary and appropriate for the individual participant. Look-up tables are included at the back end to assist with information such as vehicle makes and models. Google API is used to assist in identifying specific place names and locations. The location data for the participant’s home, workplace, or school are stored and automatically inserted in the dataset for trips after the first report. Household rostering is a list of all vehicles and persons in the household that allows a trip to be reported from one household member and can include another household member who travel together to be inserted into the record for the second person. This automatic insert of information reduces the burden of the second respondent to be queried about a trip already reported by the initial respondent. Data range, consistency and edit checks are automatically programmed to reduce reporting errors, survey length, and maintain the flow of information processing. Data cross checks also help reduce the burden by ensuring that the reporting is consistent within each trip. The study website and web instrument will be reviewed for Section 508 compliance using the rules specified in sections 1194.22—‘Webbased intranet and internet information and applications’ and 1194.23— ‘Telecommunications products.’ All materials will be available in both English and Spanish language forms. Spanish translations will be developed using industry standards and will apply reverse- translation protocols. Respondents: A stratified random sample of 7,500 households across the 50 states and the District of Columbia will be included in the survey. Household will include an average of 2.5 members for a total of 18,750 individual respondents 5 years and older to the diary survey. Frequency: This is a periodic study last conducted in 2022. Estimated Average Burden per Response: It will take approximately 5 minutes per household member to complete the recruitment survey, and 20 minutes per eligible household member to complete the diary survey. Estimated Total Annual Burden Hours: It is estimated that a total of 29,375 persons will complete the survey. This includes 5,000 persons in households who completed just the recruitment survey and did not participate in the diary survey and PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 16,125 persons who completed both the recruitment and diary surveys. This results in approximately 6,417 hours of support for this data collection effort assuming an average of 5 minutes per household for the recruitment, and 20 minutes per household member (aged 5 and older) for the diary survey. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA’s performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended; and 49 CFR 1.48. Issued on: April 27, 2024. Jazmyne Lewis, Information Collection Officer. [FR Doc. 2024–09516 Filed 5–1–24; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0332; FMCSA–2013–0124; FMCSA–2013–0125; FMCSA–2014–0103; FMCSA–2014–0387; FMCSA–2017–0057; FMCSA–2018–0138; FMCSA–2020–0024; FMCSA–2021–0017; or 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 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: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates provided SUMMARY: E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES below. Comments must be received on or before June 3, 2024. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2012–0332, Docket No. FMCSA–2013–0124, Docket No. FMCSA–2013–0125, Docket No. FMCSA–2014–0103, Docket No. FMCSA–2017–0057, Docket No. FMCSA–2018–0138, Docket No. FMCSA–2020–0024, Docket No. FMCSA–2021–0017, 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– 2013–0124, FMCSA–2013–0125, FMCSA–2014–0103, FMCSA–2017– 0057, FMCSA–2018–0138, FMCSA– 2020–0024, FMCSA–2021–0017, 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, 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: 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–2013–0124, Docket No. FMCSA–2013–0125, Docket No. FMCSA–2014–0103, Docket No. VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 FMCSA–2014–0387, Docket No. FMCSA–2017–0057, Docket No. FMCSA–2018–0138, Docket No. FMCSA–2020–0024, Docket No. FMCSA–2021–0017, 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– 2013–0124, FMCSA–2013–0125, FMCSA–2014–0103, FMCSA–2014– 0387, FMCSA–2017–0057, FMCSA– 2018–0138, FMCSA–2020–0024, FMCSA–2021–0017, 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– 2013–0124, FMCSA–2013–0125, FMCSA–2014–0103, FMCSA–2014– 0387, FMCSA–2017–0057, FMCSA– 2018–0138, FMCSA–2020–0024, FMCSA–2021–0017, 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. PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 35925 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 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 13 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. III. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these E:\FR\FM\02MYN1.SGM 02MYN1 35926 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 13 applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The 13 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 May and are discussed below. As of May 15, 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: Yunier Alegre (NE) Dustin Bemesderfer (FL) Marion Bennet (MD) Marquarius Boyd (MS) Stephan Gensmer (MN) Leonie Hall (IL) William Larson (NC) Jonathan Ramirez (CA) Tami Richardson-Nelson (NE) Joseph Strassburg (SD) Charles Whitworth (LA) Aldale Williamson (DC) The drivers were included in docket number FMCSA–2012–0332, FMCSA– 2013–0124, FMCSA–2014–0103, FMCSA–2014–0387, FMCSA–2017– 0057, FMCSA–2018–0138, FMCSA– 2020–0024, FMCSA–2021–0017, or FMCSA–2022–0032. Their exemptions VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 are applicable as of May 15, 2024 and will expire on May 15, 2026. As of May 19, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), Michael Paasch (NE) has satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: This driver was included in FMCSA– 2013–0125. The exemption is applicable as of May 19, 2024 and will expire on May 19, 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 13 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. 2024–09522 Filed 5–1–24; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Extension of Information Collection Request Submitted for Public Comment; Comment Request on Burden Related to the Qualified Intermediary (QI), Withholding Foreign Partnership (WP), and Withholding Foreign Trust (WT) Application and Account Management System Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the IRS is soliciting comments concerning the burden related to the Qualified Intermediary (QI), Withholding Foreign Partnership (WP), and Withholding Foreign Trust (WT) Application and Account Management System. DATES: Written comments should be received on or before July 1, 2024 to be assured of consideration. ADDRESSES: Direct all written comments to Andre´s Garcia, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 20224, or by email to pra.comments@irs.gov. Please include, ‘‘OMB Number: 1545– 1597—Public Comment Request Notice’’ in the Subject line. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Ronald J. Durbala, at (202) 317–5746, at Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 20224, or through the internet at RJoseph.Durbala@irs.gov. SUPPLEMENTARY INFORMATION: Title: Qualified Intermediary (QI), Withholding Foreign Partnership (WP), and Withholding Foreign Trust (WT) Application and Account Management System. OMB Number: 1545–1597. Document Number: Form 14345. Abstract: Internal Revenue Code (IRC) section 1441 (Withholding of tax on nonresident aliens), states any nonresident alien individual or of any foreign partnership shall deduct and withhold from such items a tax equal to 30 percent or 14 percent depending on circumstances. Revenue Procedure SUMMARY: E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35924-35926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09522]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332; FMCSA-2013-0124; FMCSA-2013-0125; FMCSA-
2014-0103; FMCSA-2014-0387; FMCSA-2017-0057; FMCSA-2018-0138; FMCSA-
2020-0024; FMCSA-2021-0017; or 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 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: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates provided

[[Page 35925]]

below. Comments must be received on or before June 3, 2024.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2012-0332, Docket No. FMCSA-2013-
0124, Docket No. FMCSA-2013-0125, Docket No. FMCSA-2014-0103, Docket 
No. FMCSA-2017-0057, Docket No. FMCSA-2018-0138, Docket No. FMCSA-2020-
0024, Docket No. FMCSA-2021-0017, 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-2013-0124, FMCSA-2013-
0125, FMCSA-2014-0103, FMCSA-2017-0057, FMCSA-2018-0138, FMCSA-2020-
0024, FMCSA-2021-0017, 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, 
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-2013-0124, Docket 
No. FMCSA-2013-0125, Docket No. FMCSA-2014-0103, Docket No. FMCSA-2014-
0387, Docket No. FMCSA-2017-0057, Docket No. FMCSA-2018-0138, Docket 
No. FMCSA-2020-0024, Docket No. FMCSA-2021-0017, 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-2013-0124, FMCSA-2013-0125, 
FMCSA-2014-0103, FMCSA-2014-0387, FMCSA-2017-0057, FMCSA-2018-0138, 
FMCSA-2020-0024, FMCSA-2021-0017, 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-2013-0124, FMCSA-2013-0125, FMCSA-2014-
0103, FMCSA-2014-0387, FMCSA-2017-0057, FMCSA-2018-0138, FMCSA-2020-
0024, FMCSA-2021-0017, 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 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 13 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

[[Page 35926]]

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 13 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The 13 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 May and 
are discussed below.
    As of May 15, 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:

Yunier Alegre (NE)
Dustin Bemesderfer (FL)
Marion Bennet (MD)
Marquarius Boyd (MS)
Stephan Gensmer (MN)
Leonie Hall (IL)
William Larson (NC)
Jonathan Ramirez (CA)
Tami Richardson-Nelson (NE)
Joseph Strassburg (SD)
Charles Whitworth (LA)
Aldale Williamson (DC)

    The drivers were included in docket number FMCSA-2012-0332, FMCSA-
2013-0124, FMCSA-2014-0103, FMCSA-2014-0387, FMCSA-2017-0057, FMCSA-
2018-0138, FMCSA-2020-0024, FMCSA-2021-0017, or FMCSA-2022-0032. Their 
exemptions are applicable as of May 15, 2024 and will expire on May 15, 
2026.
    As of May 19, 2024, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), Michael Paasch (NE) has satisfied the renewal conditions for 
obtaining an exemption from the hearing requirement in the FMCSRs for 
interstate CMV drivers:
    This driver was included in FMCSA-2013-0125. The exemption is 
applicable as of May 19, 2024 and will expire on May 19, 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 13 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. 2024-09522 Filed 5-1-24; 8:45 am]
BILLING CODE 4910-EX-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.