Qualification of Drivers; Exemption Applications; Hearing, 45734-45735 [2024-11276]

Download as PDF 45734 Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices records-notices, the comments are searchable by the name of the submitter. II. Background On April 8, 2024, FMCSA published a notice announcing its decision to renew exemptions for six individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (89 FR 24568). The public comment period ended on May 8, 2024, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in § 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. In addition to the regulations, FMCSA has published advisory criteria 1 to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. lotter on DSK11XQN23PROD with NOTICES1 III. Discussion of Comments The drivers were included in docket number FMCSA–2015–0320, or FMCSA–2021–0026. Their exemptions were applicable as of April 11, 2024 and will expire on April 11, 2026. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–11273 Filed 5–22–24; 8:45 am] BILLING CODE 4910–EX–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] FMCSA received no comments in this proceeding. Qualification of Drivers; Exemption Applications; Hearing IV. Conclusion AGENCY: Based on its evaluation of the six renewal exemption applications and comments received, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). As of April 11, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following six individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (89 FR 24568): Michael Davee (CA) Thomas DeAngelo (IL) Jacoby Hitchcock (IA) Lance Johnson (TN) Edna Merritt (TN) Kevin Podman (IL) 1 These criteria may be found in APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5, which is available on the internet at https:// www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ CFR-2015-title49-vol5-part391-appA.pdf. VerDate Sep<11>2014 18:47 May 22, 2024 Jkt 262001 Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. 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 and will expire on the dates provided below. Comments must be received on or before June 24, 2024. 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 SUMMARY: PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, (202) 366– 9826. SUPPLEMENTARY INFORMATION: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–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. B. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption requests. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov. As described in the system of records notice DOT/ALL 14 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background On April 8, 2024, FMCSA published a notice announcing its decision to renew exemptions for 28 individuals from the hearing standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested comments from the public (89 FR 24565). The public comment period ended on May 8, 2024, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would likely achieve a level of safety that is equivalent to, or greater than, the level E:\FR\FM\23MYN1.SGM 23MYN1 Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices that would be achieved by complying with § 391.41(b)(11). The physical qualification standard for drivers regarding hearing found in § 391.41(b)(11) states that a person is physically qualified to drive a CMV if that person first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. This standard was adopted in 1970 and was revised in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid (35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), respectively). III. Discussion of Comments FMCSA received no comments in this proceeding. lotter on DSK11XQN23PROD with NOTICES1 IV. Conclusion Based upon its evaluation of the 28 renewal exemption applications and comments received, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41(b)(11). 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 (89 FR 24565): 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 number FMCSA–2013–0122, FMCSA– 2013–0125, FMCSA–2015–0327, FMCSA–2016–0003, FMCSA–2017– 0057, FMCSA–2017–0059, and FMCSA– 2019–0111. Their exemptions were 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 VerDate Sep<11>2014 18:47 May 22, 2024 Jkt 262001 from the hearing requirement in the FMCSRs for interstate CMV drivers (89 FR 24565): 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 were 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 three individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (89 FR 24565): Andrew Alcozer (IL); Jacob Paullin (WI); and Ryan Pope (CA). The drivers were included in docket number FMCSA–2013–0121, FMCSA– 2013–0122, and FMCSA–2013–0123. Their exemptions were 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 (89 FR 24565): Donald Lynch (AR) and Zachary Rietz (AR). The drivers were included in docket number FMCSA–2012–0332. Their exemptions were 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 (89 FR 24565): Oluwatobi Akinsanya (NJ) Kwinton Carpenter (OH) Kevin Dent (MS) Andrey Shevchenko (MN) The drivers were included in docket number FMCSA–2013–0124, FMCSA– 2018–0137, or FMCSA–2018–0138. Their exemptions were applicable as of April 24, 2024 and will expire on April 24, 2026. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) the person fails to PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 45735 comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136, 49 U.S.C. chapter 313, or the FMCSRs. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–11276 Filed 5–22–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2023–0180] Agency Information Collection Activities; Renewal of an Approved Information Collection: Practices of Household Goods Brokers Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. FMCSA requests OMB’s renewed approval to the ICR titled ‘‘Practices of Household Brokers,’’ which applies to household goods (HHG) brokers who are procured by the public (HHG shippers) to arrange the transportation of the shipper’s household goods by HHG motor carriers. This renewal updates wage related costs that have changed since the last approval and revises the previous information collection total respondent hourly and cost burden. FMCSA received two comments in response to the 60-day Federal Register notice. DATES: Comments on this notice must be received on or before June 24, 2024. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Donnice Wagoner, Commercial Enforcement and Investigations SUMMARY: E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45734-45735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11276]


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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 final disposition.

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

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 and will expire on the dates provided 
below. Comments must be received on or before June 24, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room 
W64-224, Washington, DC 20590-0001, (202) 366-4001, 
[email protected]. Office hours are 8:30 a.m. to 5 p.m. ET Monday 
through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Dockets 
Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-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.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption requests. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov. As described in the system of records 
notice DOT/ALL 14 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter.

II. Background

    On April 8, 2024, FMCSA published a notice announcing its decision 
to renew exemptions for 28 individuals from the hearing standard in 49 
CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested 
comments from the public (89 FR 24565). The public comment period ended 
on May 8, 2024, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions would likely achieve a level 
of safety that is equivalent to, or greater than, the level

[[Page 45735]]

that would be achieved by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing 
found in Sec.  391.41(b)(11) states that a person is physically 
qualified to drive a CMV if that person first perceives a forced 
whispered voice in the better ear at not less than 5 feet with or 
without the use of a hearing aid or, if tested by use of an audiometric 
device, does not have an average hearing loss in the better ear greater 
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a 
hearing aid when the audiometric device is calibrated to American 
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow 
drivers to be qualified under this standard while wearing a hearing aid 
(35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), 
respectively).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 28 renewal exemption applications 
and comments received, FMCSA announces its decision to exempt the 
following drivers from the hearing requirement in Sec.  391.41(b)(11).
    As of 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 (89 FR 24565):

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 number FMCSA-2013-0122, FMCSA-
2013-0125, FMCSA-2015-0327, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-
2017-0059, and FMCSA-2019-0111. Their exemptions were 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 (89 FR 24565):

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 were 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 three individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (89 FR 24565):
    Andrew Alcozer (IL); Jacob Paullin (WI); and Ryan Pope (CA).
    The drivers were included in docket number FMCSA-2013-0121, FMCSA-
2013-0122, and FMCSA-2013-0123. Their exemptions were 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 (89 FR 24565):
    Donald Lynch (AR) and Zachary Rietz (AR).
    The drivers were included in docket number FMCSA-2012-0332. Their 
exemptions were 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 (89 FR 24565):

Oluwatobi Akinsanya (NJ)
Kwinton Carpenter (OH)
Kevin Dent (MS)
Andrey Shevchenko (MN)

    The drivers were included in docket number FMCSA-2013-0124, FMCSA-
2018-0137, or FMCSA-2018-0138. Their exemptions were applicable as of 
April 24, 2024 and will expire on April 24, 2026.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) the person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136, 49 
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-11276 Filed 5-22-24; 8:45 am]
BILLING CODE 4910-EX-P

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