Qualification of Drivers; Exemption Applications; Hearing, 70682-70684 [2024-19509]
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70682
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Bonnie Lefko by email at: bonnie.lefko@
faa.gov; phone: 405–954–7461.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility, and clarity
of the information collection; and (d)
ways that the burden could be
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: 2120–0042.
Title: Aircraft Registration.
Form Numbers: Existing AC Forms
8050–1, 8050–1B, 8050–2, 8050–4,
8050–88, 8050–88A, 8050–98 and 8050–
117. New AC Forms 8050–88UA and
8050–138.
Type of Review: Revision of an
existing information collection.
Background: Public Law 103–272
states that all aircraft must be registered
before they may be flown. It sets forth
registration eligibility requirements and
provides for applications for registration
as well as suspension and/or revocation
of registrations. The information
collected is used by the FAA to
determine eligibility to register an
aircraft and record a security interest in
a registered aircraft.
The Aircraft Registry has determined
there is a need to create two new forms
for this collection as follows: AC Form
8050–88UA, Affidavit of Ownership for
Unmanned Aircraft (UA) and AC Form
8050–138, Declaration of International
Operation (DIO).
The AC Form 8050–88UA was created
to make it easier for registration
applicants to supply the FAA Aircraft
Registry with the minimal information
needed to register a UA. Most UA
owners don’t have the required
evidence of ownership to register. The
affidavit will be used in lieu of a
recordable bill of sale for any new
registrations. The registrant may still
submit any other proof of ownership
with the affidavit or declare that
evidence of ownership is not available.
The AC Form 8050–138 was created
to allow registrants to request priority
handling of their registration documents
due to an impending international
flight. The Aircraft Registry is required
to process all incoming documents in
the order of their receipt. Newly
registered aircraft may only be flown
within the continental United States by
VerDate Sep<11>2014
20:35 Aug 29, 2024
Jkt 262001
carrying a second copy of the Aircraft
Registration Application in the aircraft
unless the aircraft has never been on the
U.S. Registry. There are instances where
applicants need to fly aircraft outside
the continental United States. Many of
those applicants are major Air Carriers
and small businesses. When an
applicant files a DIO, the applicants’
registration documents will be worked
on a priority basis, alleviating any
undue hardship. The form will collect
the pertinent information of the
scheduled international flight.
Respondents: Approximately 5,000
international flights and 2,000 new UA
applicants annually.
Frequency: Information is collected
on occasion.
Estimated Average Burden per
Response: 15 minutes for each new
form.
Estimated Total Annual Burden:
1,750 hours.
Issued in Oklahoma City, OK on August
27, 2024.
Bonnie Lefko,
Program Analyst, Civil Aviation Registry,
Aircraft Registration Branch, AFB–711.
[FR Doc. 2024–19525 Filed 8–29–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0122; FMCSA–
2013–0124; FMCSA–2014–0106; FMCSA–
2014–0387; FMCSA–2015–0326; FMCSA–
2015–0328; FMCSA–2016–0002; FMCSA–
2017–0059; FMCSA–2017–0060; FMCSA–
2020–0026; FMCSA–2022–0033; FMCSA–
2022–0034]
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 15
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 September 30, 2024.
SUMMARY:
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You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2013–0122, Docket No.
FMCSA–2013–0124, Docket No.
FMCSA–2014–0106, Docket No.
FMCSA–2014–0387, Docket No.
FMCSA–2015–0326, Docket No.
FMCSA–2015–0328, Docket No.
FMCSA–2016–0002, Docket No.
FMCSA–2017–0059, Docket No.
FMCSA–2017–0060, Docket No.
FMCSA–2020–0026, Docket No.
FMCSA–2022–0033, or Docket No.
FMCSA–2022–0034 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2013–0122, FMCSA–
2013–0124, FMCSA–2014–0106,
FMCSA–2014–0387, FMCSA–2015–
0326, FMCSA–2015–0328, FMCSA–
2016–0002, FMCSA–2017–0059,
FMCSA–2017–0060, FMCSA–2020–
0026, FMCSA–2022–0033, or FMCSA–
2022–0034) in the keyword box and
click ‘‘Search.’’ Next, sort the results by
‘‘Posted (Newer-Older),’’ choose the first
notice listed, and click on the
‘‘Comment’’ button. Follow the online
instructions for submitting comments.
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery: West Building
Ground Floor, 1200 New Jersey Avenue
SE, Washington, DC 20590–0001,
between 9 a.m. and 5 p.m. ET Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001, (202) 366–
4001, fmcsamedical@dot.gov. Office
hours are 8:30 a.m. to 5 p.m. ET Monday
through Friday, except Federal holidays.
If you have questions regarding viewing
or submitting material to the docket,
contact Dockets Operations, (202) 366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2013–0122,
Docket No. FMCSA–2013–0124, Docket
No. FMCSA–2014–0106, Docket No.
E:\FR\FM\30AUN1.SGM
30AUN1
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
FMCSA–2014–0387, Docket No.
FMCSA–2015–0326, Docket No.
FMCSA–2015–0328, Docket No.
FMCSA–2016–0002, Docket No.
FMCSA–2017–0059, Docket No.
FMCSA–2017–0060, Docket No.
FMCSA–2020–0026, Docket No.
FMCSA–2022–0033, or Docket No.
FMCSA–2022–0034), 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–2013–0122, FMCSA–
2013–0124, FMCSA–2014–0106,
FMCSA–2014–0387, FMCSA–2015–
0326, FMCSA–2015–0328, FMCSA–
2016–0002, FMCSA–2017–0059,
FMCSA–2017–0060, FMCSA–2020–
0026, FMCSA–2022–0033, or FMCSA–
2022–0034) 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–2013–0122, FMCSA–
2013–0124, FMCSA–2014–0106,
FMCSA–2014–0387, FMCSA–2015–
0326, FMCSA–2015–0328, FMCSA–
2016–0002, FMCSA–2017–0059,
FMCSA–2017–0060, FMCSA–2020–
0026, FMCSA–2022–0033, or FMCSA–
2022–0034) 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
VerDate Sep<11>2014
20:35 Aug 29, 2024
Jkt 262001
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
requests. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov. As described in
the system of records notice DOT/ALL
14 (Federal Docket Management
System), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statutes also allow the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The physical qualification standard
for drivers regarding hearing found in
49 CFR 391.41(b)(11) states that a
person is physically qualified to drive a
CMV if that person first perceives a
forced whispered voice in the better ear
at not less than 5 feet with or without
the use of a hearing aid or, if tested by
use of an audiometric device, does not
have an average hearing loss in the
better ear greater than 40 decibels at 500
Hz, 1,000 Hz, and 2,000 Hz with or
without a hearing aid when the
audiometric device is calibrated to
American National Standard (formerly
ASA Standard) Z24.5—1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
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 15 individuals listed in this
notice have requested renewal of their
exemptions from the hearing standard
in § 391.41(b)(11), in accordance with
FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable 2-year period.
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70683
III. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b), FMCSA
will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each of the 15 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement. The 15 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 September and are
discussed below. As of September 6,
2024, and in accordance with 49 U.S.C.
31136(e) and 31315(b), the following 14
individuals have satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in the
FMCSRs for interstate CMV drivers:
Weston Arthurs (CA)
Jerritt Boehle (IL)
Barry Carpenter (SD)
Michael Cover (MI)
Lyle Eash (VA)
Richard Hoots (AR)
Sean Jackson (AZ)
Michael McCarthy (MN)
Marcel Paul (WA)
Kelly Pulvermacher (WI)
D’Nielle Smith (OH)
Michael Sweet (GA)
Darren Talley (NC)
Carlos Torres (FL)
The drivers were included in docket
number FMCSA–2013–0122, FMCSA–
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70684
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Notices
2013–0124, FMCSA–2014–0106,
FMCSA–2014–0387, FMCSA–2015–
0326, FMCSA–2015–0328, FMCSA–
2016–0002, FMCSA–2017–0059,
FMCSA–2017–0060, FMCSA–2022–
0033, or FMCSA–2022–0034. Their
exemptions are applicable as of
September 6, 2024 and will expire on
September 6, 2026.
As of September 14, 2024, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), Jonathan Kelly (TX) 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 docket
number FMCSA–2020–0026. Their
exemption is applicable as of September
14, 2024 and will expire on September
14, 2026.
V. Conditions and Requirements
ddrumheller on DSK120RN23PROD with NOTICES1
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 15
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
20:35 Aug 29, 2024
Jkt 262001
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024–19509 Filed 8–29–24; 8:45 am]
BILLING CODE 4910–EX–P
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.
DEPARTMENT OF TRANSPORTATION
SUPPLEMENTARY INFORMATION:
Federal Motor Carrier Safety
Administration
I. Public Participation
A. Submitting Comments
[Docket No. FMCSA–2024–0014]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 10 individuals for an
exemption from the hearing requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions would enable these hard of
hearing and deaf individuals to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before September 30, 2024.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2024–0014 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2024–0014) in the
keyword box and click ‘‘Search.’’ Next,
choose the only notice listed, and click
on the ‘‘Comment’’ button. Follow the
online instructions for submitting
comments.
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery: West Building
Ground Floor, 1200 New Jersey Avenue
SE, Washington, DC 20590–0001,
between 9 a.m. and 5 p.m. ET Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
SUMMARY:
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).
VerDate Sep<11>2014
exemption will be valid for 2 years
unless revoked earlier by FMCSA.
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Sfmt 4703
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2024–0014),
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
https://www.regulations.gov/docket/
FMCSA-2024-0014. Next, sort the results
by ‘‘Posted (Newer-Older),’’ choose the
only 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–2024–0014) in the
keyword box and click ‘‘Search.’’ Next,
choose the only 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.
E:\FR\FM\30AUN1.SGM
30AUN1
]]>Agencies
[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Notices]
[Pages 70682-70684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19509]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0122; FMCSA-2013-0124; FMCSA-2014-0106; FMCSA-
2014-0387; FMCSA-2015-0326; FMCSA-2015-0328; FMCSA-2016-0002; FMCSA-
2017-0059; FMCSA-2017-0060; FMCSA-2020-0026; FMCSA-2022-0033; FMCSA-
2022-0034]
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 15
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 September 30, 2024.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2013-0122, Docket No. FMCSA-2013-
0124, Docket No. FMCSA-2014-0106, Docket No. FMCSA-2014-0387, Docket
No. FMCSA-2015-0326, Docket No. FMCSA-2015-0328, Docket No. FMCSA-2016-
0002, Docket No. FMCSA-2017-0059, Docket No. FMCSA-2017-0060, Docket
No. FMCSA-2020-0026, Docket No. FMCSA-2022-0033, or Docket No. FMCSA-
2022-0034 using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2013-0122, FMCSA-2013-0124, FMCSA-2014-
0106, FMCSA-2014-0387, FMCSA-2015-0326, FMCSA-2015-0328, FMCSA-2016-
0002, FMCSA-2017-0059, FMCSA-2017-0060, FMCSA-2020-0026, FMCSA-2022-
0033, or FMCSA-2022-0034) in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click on the ``Comment'' button. Follow the online
instructions for submitting comments.
Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001, (202) 366-4001,
[email protected]. Office hours are 8:30 a.m. to 5 p.m. ET Monday
through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2013-0122, Docket No. FMCSA-2013-0124, Docket
No. FMCSA-2014-0106, Docket No.
[[Page 70683]]
FMCSA-2014-0387, Docket No. FMCSA-2015-0326, Docket No. FMCSA-2015-
0328, Docket No. FMCSA-2016-0002, Docket No. FMCSA-2017-0059, Docket
No. FMCSA-2017-0060, Docket No. FMCSA-2020-0026, Docket No. FMCSA-2022-
0033, or Docket No. FMCSA-2022-0034), 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-2013-0122, FMCSA-2013-0124, FMCSA-2014-0106,
FMCSA-2014-0387, FMCSA-2015-0326, FMCSA-2015-0328, FMCSA-2016-0002,
FMCSA-2017-0059, FMCSA-2017-0060, FMCSA-2020-0026, FMCSA-2022-0033, or
FMCSA-2022-0034) 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-2013-0122, FMCSA-2013-0124, FMCSA-2014-0106, FMCSA-2014-
0387, FMCSA-2015-0326, FMCSA-2015-0328, FMCSA-2016-0002, FMCSA-2017-
0059, FMCSA-2017-0060, FMCSA-2020-0026, FMCSA-2022-0033, or FMCSA-2022-
0034) 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 15 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec. 391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.
III. Request for Comments
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 15
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 15 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 September
and are discussed below. As of September 6, 2024, and in accordance
with 49 U.S.C. 31136(e) and 31315(b), the following 14 individuals have
satisfied the renewal conditions for obtaining an exemption from the
hearing requirement in the FMCSRs for interstate CMV drivers:
Weston Arthurs (CA)
Jerritt Boehle (IL)
Barry Carpenter (SD)
Michael Cover (MI)
Lyle Eash (VA)
Richard Hoots (AR)
Sean Jackson (AZ)
Michael McCarthy (MN)
Marcel Paul (WA)
Kelly Pulvermacher (WI)
D'Nielle Smith (OH)
Michael Sweet (GA)
Darren Talley (NC)
Carlos Torres (FL)
The drivers were included in docket number FMCSA-2013-0122, FMCSA-
[[Page 70684]]
2013-0124, FMCSA-2014-0106, FMCSA-2014-0387, FMCSA-2015-0326, FMCSA-
2015-0328, FMCSA-2016-0002, FMCSA-2017-0059, FMCSA-2017-0060, FMCSA-
2022-0033, or FMCSA-2022-0034. Their exemptions are applicable as of
September 6, 2024 and will expire on September 6, 2026.
As of September 14, 2024, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), Jonathan Kelly (TX) 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 docket number FMCSA-2020-0026. Their
exemption is applicable as of September 14, 2024 and will expire on
September 14, 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 15 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. 2024-19509 Filed 8-29-24; 8:45 am]
BILLING CODE 4910-EX-P
