Qualification of Drivers; Exemption Applications; Hearing, 55677-55679 [2024-14735]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices
minimized 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.
OMB Control Number: 2120–0724.
Title: Verification of Foreign License,
Rating and Medical Certification.
Form Numbers: Form 8060–71.
Type of Review: Renewal of an
information collection.
Background: The information
collected is used to properly identify
airmen to allow the agency to verify
their foreign license being used to
qualify for a U.S. certificate. The
respondents are holders of foreign
license wishing to obtain a U.S.
certificate. A person who is applying for
a U.S. pilot certificate or rating on the
basis of a foreign pilot license must
apply for verification of that license at
least 90 days before arriving at the
designated FAA FSDO where the
applicant intends to receive the U.S.
pilot certificate.
Respondents: Approximately 12,000
foreign applicants for U.S. certificates
annually.
Frequency: On occasion.
Estimated Average Burden per
Response: 10 Minutes.
Estimated Total Annual Burden:
2,000 Hours.
Margaret A. Hawkins,
Airmen Certification Specialist, Airmen
Certification Branch, AFB–720.
[FR Doc. 2024–14008 Filed 7–3–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Transportation Project in
Delaware
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of limitation on claims
for judicial review of actions by FHWA
and other Federal agencies.
AGENCY:
This notice announces action
taken by FHWA and other Federal
agencies that are final. The actions
relate to the Wilmington Riverfront
Transportation Infrastructure Project
(Project) proposed by the City of
Wilmington, consisting of 0.5 mile of
City grid network in City of Wilmington,
New Castle County, Delaware. The
actions grant licenses, permits, or
approvals for the Project. The Revised
Environmental Assessment (EA),
Finding of No Significant Impact
(FONSI) under the National
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:16 Jul 03, 2024
Jkt 262001
Environmental Policy Act (NEPA), and
other documents in the Project file
provide details on the Project and
FHWA’s actions.
DATES: By this notice, FHWA is advising
the public of final agency actions
subject to 23 U.S.C. 139(l)(1). A claim
seeking judicial review of the Federal
agency actions on the highway project
will be barred unless the claim is filed
on or before December 2, 2024. If the
Federal law that authorizes judicial
review of a claim provides a time period
of less than 150 days for filing such
claim, then that shorter time period still
applies.
FOR FURTHER INFORMATION CONTACT:
Douglas Atkin, Division Administrator,
Federal Highway Administration, 1201
College Park Drive, Suite 102, Dover, DE
19904, Telephone (302) 734–3819.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that FHWA and other
Federal agencies have taken final agency
actions by issuing approvals for the
following highway project in Delaware:
Wilmington Riverfront Transportation
Infrastructure Project (Project).
The actions by the Federal agencies,
and the laws under which such actions
were taken, are described in the Revised
EA and FONSI and the associated
agency records. That information is
available by contacting FHWA at the
address provided above and can also be
viewed and downloaded from the
project website at: https://
www.riverfronteastconnect.com/.
This notice applies to FHWA agency
decisions as of the issuance date of this
notice and all laws under which such
actions were taken, including but not
limited to:
1. National Environmental Policy Act
[42 U.S.C. 4321–4351].
2. Federal-Aid Highway Act [23
U.S.C. 109].
3. Clean Air Act [42 U.S.C. 7401–
7671(q)].
4. Endangered Species Act [16 U.S.C.
1531–1544 and 1536].
5. Fish and Wildlife Coordination Act
[16 U.S.C. 661–667(d)].
6. Migratory Bird Treaty Act [16
U.S.C. 703–712].
7. Bald and Golden Eagle Protection
Act [16 U.S.C. 668–668c].
8. Section 106 of the National Historic
Preservation Act of 1966, as amended
[54 U.S.C. 306101 et seq.]
9. Civil Rights Act of 1964 [42 U.S.C.
2000d et seq.]
10. Farmland Protection Policy Act [7
U.S.C. 4201–4209].
11. Clean Water Act (section 319,
section 401, section 402, section 404)
[33 U.S.C. 1251–1377].
12. Safe Drinking Water Act [42
U.S.C. 300(f) et seq.].
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
55677
13. Uniform Relocation Assistance
and Real Property Acquisition Policies
Act of 1970 [42 U.S.C. 4601 et seq.].
14. Noise Control Act of 1972 [42
U.S.C. 4901 et seq.].
15. Resource Conservation and
Recovery Act [42 U.S.C. 6901–6992(k)].
16. Comprehensive Environmental
Response, Compensation, and Liability
Act [42 U.S.C. 9601–9675].
17. Americans with Disabilities Act of
1990 [42 U.S.C. 12101].
18. Executive Order 11990 Protection
of Wetlands.
19. Executive Order 11988 Floodplain
Management.
20. Executive Order 12898 Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations.
21. Executive Order 11593 Protection
and Enhancement of Cultural Resources.
22. Executive Order 11514 Protection
and Enhancement of Environmental
Quality.
23. Executive Order 13112 Invasive
Species.
24. Executive Order 13166 Improving
Access to Services for Persons with
Limited English Proficiency.
25. Executive Order 13045 Protection
of Children From Environmental Health
Risks and Safety Risks.
26. Executive Order 14096
Revitalizing Our Nation’s Commitment
to Environmental Justice for All.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1), as
amended by Moving Ahead for Progress
in the 21st Century Act, (Pub. L. 112–
141, 126 Stat. 405).
Douglas S. Atkin,
Division Administrator, Dover, Delaware.
[FR Doc. 2024–14709 Filed 7–3–24; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2024–0010]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 10 individuals from
SUMMARY:
E:\FR\FM\05JYN1.SGM
05JYN1
55678
Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices
the hearing requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial
motor vehicle (CMV) in interstate
commerce. The exemptions enable these
hard of hearing and deaf individuals to
operate CMVs in interstate commerce.
DATES: The exemptions were applicable
on June 22, 2024. The exemptions
expire on June 22, 2026.
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
from 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
ddrumheller on DSK120RN23PROD with NOTICES1
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2024–0010) in the
keyword box and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (OlderNewer),’’ 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 in 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 May 16, 2024, FMCSA published
a notice announcing receipt of
applications from 10 individuals
requesting an exemption from the
hearing requirement in 49 CFR
391.41(b)(11) to operate a CMV in
VerDate Sep<11>2014
17:16 Jul 03, 2024
Jkt 262001
interstate commerce and requested
comments from the public (89 FR
42920). The public comment period
ended on June 17, 2024, and no
comments were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting exemptions to these
individuals would likely achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
by complying with § 391.41(b)(11).
The physical qualification standard
for drivers regarding hearing found in
§ 391.41(b)(11) states that a person is
physically qualified to drive a CMV if
that person first perceives a forced
whispered voice in the better ear at not
less than 5 feet with or without the use
of a hearing aid or, if tested by use of
an audiometric device, does not have an
average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a
hearing aid when the audiometric
device is calibrated to American
National Standard (formerly ASA
Standard) Z24.5—1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid (35 FR
6458, 6463 (Apr. 22, 1970) and 36 FR
12857 (July 8, 1971), respectively).
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Basis for Exemption Determination
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. However, 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 Agency’s decision regarding these
exemption applications is based on
relevant scientific information and
literature, and the 2008 Evidence
Report, ‘‘Executive Summary on
Hearing, Vestibular Function and
Commercial Motor Driving Safety.’’ The
evidence report reached two
conclusions regarding the matter of
hearing loss and CMV driver safety: (1)
no studies that examined the
relationship between hearing loss and
crash risk exclusively among CMV
drivers were identified; and (2) evidence
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
from studies of the private driver’s
license holder population does not
support the contention that individuals
with hearing impairment are at an
increased risk for a crash. In addition,
the Agency reviewed each applicant’s
driving record found in the Commercial
Driver’s License Information System, for
commercial driver’s license (CDL)
holders, and inspections recorded in the
Motor Carrier Management Information
System. For non-CDL holders, the
Agency reviewed the driving records
from the State Driver’s Licensing
Agency. Each applicant’s record
demonstrated a safe driving history.
Based on an individual assessment of
each applicant that focused on whether
an equal or greater level of safety would
likely be achieved by permitting each of
these drivers to drive in interstate
commerce, the Agency finds the drivers
granted this exemption have
demonstrated that they do not pose a
risk to public safety.
Consequently, FMCSA finds further
that in each case exempting these
applicants from the hearing standard in
§ 391.41(b)(11) would likely achieve a
level of safety equal to that existing
without the exemption, consistent with
the applicable standard in 49 U.S.C.
31315(b)(1).
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and include the following: (1) each
driver must report any crashes or
accidents as defined in § 390.5T; (2)
each driver must report all citations and
convictions for disqualifying offenses
under 49 CFR parts 383 and 391 to
FMCSA; and (3) each driver is
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.
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 10
exemption applications, FMCSA
exempts the following drivers from the
hearing standard; in § 391.41(b)(11),
subject to the requirements cited above:
E:\FR\FM\05JYN1.SGM
05JYN1
Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Notices
Monica Garris (NC)
Jason Goldsmith (KY)
Richard Greene (NC)
Michael Hidalgo (CA)
Bret Hoefer (AZ)
Victor Howard (FL)
Gabriel Lerma (CA)
LaJuan Roper (TX)
William Soloman (OH)
George Vlahos (NJ)
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. 2024–14735 Filed 7–3–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2019–0093]
Deepwater Port License Application:
Texas GulfLink LLC—Final
Environmental Impact Statement
Maritime Administration, U.S.
Department of Transportation.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Maritime Administration
(MARAD) and the U.S. Coast Guard
(USCG) announce the availability of the
Final Environmental Impact Statement
(FEIS) for the Texas GulfLink LLC
(GulfLink) deepwater port license
application for the export of oil from the
United States to nations abroad. The
GulfLink deepwater port license
application describes a project that
would be located approximately 26.2
nautical miles off the coast of Brazoria
County, Texas. Publication of this notice
announces a 45-day comment period
ending on Monday, August 19, 2024,
requests public participation in the final
environmental impact review process
and provides information on how to
participate in the final environmental
impact review process.
DATES: MARAD and USCG will hold
one Final Hearing in connection with
the GulfLink Application. The time and
location for the Final Hearing will be
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:16 Jul 03, 2024
Jkt 262001
published in a future notice. Public
comments on the FEIS must be
submitted to www.regulations.gov or the
Federal Docket Management Facility as
detailed in the ADDRESSES section below
by the close of business on Monday,
August 19, 2024.
ADDRESSES: Comments on the FEIS must
be submitted to the U.S. Department of
Transportation’s Docket Management
Facility or online to
www.regulations.gov under docket
number MARAD–2019–0093. The
address of the Docket Management
Facility is as follows: U.S. Department
of Transportation, MARAD–2019–0093,
1200 New Jersey Avenue SE, West
Building, Room W12–140, Washington,
DC 20590. Instructions are listed in the
Public Participation section of this
Notice.
FOR FURTHER INFORMATION CONTACT: Mr.
Patrick W. Clark, Project Manager,
USCG, telephone: 202–372–1358, email:
DeepwaterPorts@USCG.mil; or Dr.
Linden Houston, Transportation
Specialist, Office of Deepwater Ports
and Port Conveyance, MARAD,
telephone: 202–366–4839, email:
Linden.Houston@dot.gov.
Please include ‘‘MARAD–2019–0093,
GulfLink Comment’’ in the subject line
of the message. For written comments
and other material submissions, please
follow the directions under the ‘‘How do
I submit comments?’’ question in the
Public Participation section of this
notice.
SUPPLEMENTARY INFORMATION:
Prior Federal Actions
On May 30, 2019, MARAD and USCG
received a license application from
GulfLink for all Federal authorizations
required for a license to construct, own,
and operate a deepwater port for the
export of oil. The proposed deepwater
port would be in Federal waters
approximately 26.6 nautical miles off
the coast of Brazoria County, Texas.
Texas was designated as the ACS for the
GulfLink license application.
A Notice of Application that
summarized the GulfLink Deepwater
Port License Application was published
in the Federal Register on June 26, 2019
(84 FR 30298). A Notice of Intent to
Prepare an Environmental Impact
Statement (EIS) and Notice of Public
Scoping Meeting was published in the
Federal Register on July 3, 2019 (84 FR
32008). A public scoping meeting in
connection with the evaluation of the
GulfLink license application was held
in Lake Jackson, Texas on July 17, 2019.
The transcript of the scoping meeting is
included on the public docket located at
www.regulations.gov/document/
PO 00000
Frm 00132
Fmt 4703
Sfmt 4703
55679
MARAD-2019-0093-0047. A Federal
Register Notice was published on
August 14, 2019 (84 FR 40476) to extend
the public scoping comment period to
August 30, 2019.
MARAD and USCG held three virtual
public comment meetings to receive
comments on the Draft Environmental
Impact Statement (DEIS). A Notice of
Availability for the DEIS and Notice of
Public Meeting was published in the
Federal Register on November 27, 2020
(85 FR 76157). The first two virtual
public comment meetings were held on
December 16, 2020, and December 17,
2020. The public comment period for
these meetings began on November 27,
2020, and a Federal Register Notice was
published on December 21, 2020 (85 FR
83142) to extend the comment period to
January 22, 2021. Transcripts of these
DEIS virtual public comment meetings
are provided on the public docket at
www.regulations.gov/document/
MARAD-2019-0093-0318,
www.regulations.gov/document/
MARAD-2019-0093-0319, and
www.regulations.gov/document/
MARAD-2019-0093-2839. A Notice of
Availability and Notice of Virtual Public
Meeting was published in the Federal
Register on September 24, 2021 (86 FR
53144). The Federal agencies held a
third virtual DEIS public comment
meeting to receive comments on the
DEIS. The DEIS public meeting was
held virtually on October 14, 2021. The
purpose of the October 14, 2021, virtual
public meeting was to reopen the public
comment period for the DEIS and to
provide affected communities,
including Limited English Proficient
persons, further opportunities to review
and comment on the document. The
transcripts from the third DEIS public
comment meeting are included on the
public docket at www.regulations.gov/
document/MARAD-2019-0093-2853.
After the publication of the DEIS,
GulfLink revised its deepwater license
application in response to ongoing
consultation with regulatory agencies
and subsequently refined the design of
the proposed deepwater port by adding
a vapor control system into the design
and operation of the proposed GulfLink
deepwater port. A Notice of
Availability; Notice of Virtual Public
Meeting; Request for Comments for the
Supplemental Draft Environmental
Impact Statement (SDEIS) and was
published in the Federal Register on
September 30, 2022 (87 FR 59487) in
response to proposed changes to the
GulfLink deepwater port. The public
meeting was held virtually on October
18, 2022. The transcripts of the SDEIS
public comment meetings are also
included on the public docket at
E:\FR\FM\05JYN1.SGM
05JYN1
]]>Agencies
[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55677-55679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14735]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0010]
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 exempt 10 individuals from
[[Page 55678]]
the hearing requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate
commerce. The exemptions enable these hard of hearing and deaf
individuals to operate CMVs in interstate commerce.
DATES: The exemptions were applicable on June 22, 2024. The exemptions
expire on June 22, 2026.
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 from 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-2024-0010) in the keyword box and click ``Search.'' Next,
sort the results by ``Posted (Older-Newer),'' 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
in 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 May 16, 2024, FMCSA published a notice announcing receipt of
applications from 10 individuals requesting an exemption from the
hearing requirement in 49 CFR 391.41(b)(11) to operate a CMV in
interstate commerce and requested comments from the public (89 FR
42920). The public comment period ended on June 17, 2024, and no
comments were received.
FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved by complying with Sec. 391.41(b)(11).
The physical qualification standard for drivers regarding hearing
found in Sec. 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing aid
(35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971),
respectively).
III. Discussion of Comments
FMCSA received no comments in this proceeding.
IV. Basis for Exemption Determination
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. However, 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 Agency's decision regarding these exemption applications is
based on relevant scientific information and literature, and the 2008
Evidence Report, ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety.'' The evidence report reached two
conclusions regarding the matter of hearing loss and CMV driver safety:
(1) no studies that examined the relationship between hearing loss and
crash risk exclusively among CMV drivers were identified; and (2)
evidence from studies of the private driver's license holder population
does not support the contention that individuals with hearing
impairment are at an increased risk for a crash. In addition, the
Agency reviewed each applicant's driving record found in the Commercial
Driver's License Information System, for commercial driver's license
(CDL) holders, and inspections recorded in the Motor Carrier Management
Information System. For non-CDL holders, the Agency reviewed the
driving records from the State Driver's Licensing Agency. Each
applicant's record demonstrated a safe driving history. Based on an
individual assessment of each applicant that focused on whether an
equal or greater level of safety would likely be achieved by permitting
each of these drivers to drive in interstate commerce, the Agency finds
the drivers granted this exemption have demonstrated that they do not
pose a risk to public safety.
Consequently, FMCSA finds further that in each case exempting these
applicants from the hearing standard in Sec. 391.41(b)(11) would
likely achieve a level of safety equal to that existing without the
exemption, consistent with the applicable standard in 49 U.S.C.
31315(b)(1).
V. Conditions and Requirements
The terms and conditions of the exemption are provided to the
applicants in the exemption document and include the following: (1)
each driver must report any crashes or accidents as defined in Sec.
390.5T; (2) each driver must report all citations and convictions for
disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3)
each driver is 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.
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 10 exemption applications, FMCSA
exempts the following drivers from the hearing standard; in Sec.
391.41(b)(11), subject to the requirements cited above:
[[Page 55679]]
Monica Garris (NC)
Jason Goldsmith (KY)
Richard Greene (NC)
Michael Hidalgo (CA)
Bret Hoefer (AZ)
Victor Howard (FL)
Gabriel Lerma (CA)
LaJuan Roper (TX)
William Soloman (OH)
George Vlahos (NJ)
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. 2024-14735 Filed 7-3-24; 8:45 am]
BILLING CODE 4910-EX-P
