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.
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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
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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
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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:
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02MYN1
Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices
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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.
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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.
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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
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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.
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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
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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
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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