Qualification of Drivers; Exemption Applications; Hearing, 73181-73182 [2024-20173]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices County Groundwater Conservation District. TxDOT will issue a single Final Environmental Impact Statement and Record of Decision document pursuant to 23 U.S.C. 139(n)(2), unless TxDOT determines statutory criteria or practicability considerations preclude issuance of a combined document. In accordance with 23 U.S.C. 139, cooperating agencies, participating agencies, and the public will be given an opportunity for continued input on project development. An in-person public scoping meeting is planned for Oct. 3, 2024, from 3 to 7 p.m. CT at Mansion Royal, 8001 S. Padre Island Dr., Corpus Christi, Texas 78412. A virtual option will go live at 3 p.m. CT on Oct. 3, 2024 at www.txdot.gov, keyword search ‘‘Regional Parkway’’. Additional information on both options will be provided at the previously indicated TxDOT website. The public scoping meeting will provide an opportunity for the public to review and comment on the draft coordination plan and schedule, the project purpose and need, the range of alternatives, and methodologies and level of detail for analyzing alternatives. It will also allow the public an opportunity to provide input on any expected environmental impacts, anticipated permits or other authorizations, and any significant issues that should be analyzed in depth in the EIS. In addition to the public scoping meeting, a public hearing will be held after the draft EIS is prepared. Public notice will be given of the time and place of the meeting and hearing. The public scoping meeting will be conducted in English, with Spanish materials available online and in person. If you need an interpreter or document translator because English is not your primary language or have difficulty communicating effectively in English, one will be provided to you. If you have a disability and need assistance, special arrangements can be made to accommodate most needs. If you need interpretation or translation services or you are a person with a disability who requires an accommodation to attend and participate in the public meeting, please contact Rickey Dailey, TxDOT Corpus Christi District, at rickey.dailey@ txdot.gov or please call 361–808–2544 no later than 4 p.m. CT, Sept. 30, 2024. Please be aware that advance notice is required as some services and accommodations may require time for TxDOT to arrange. The public is requested to provide comments on alternatives or impacts and on relevant information, studies, or analyses with respect to this proposed VerDate Sep<11>2014 17:19 Sep 06, 2024 Jkt 262001 project. Comments may be provided in writing by mail to TxDOT Corpus Christi District Office, c/o Victor Vourcos, 1701 S. Padre Island Dr., Corpus Christi, Texas 78416, or by email to regionalparkway@txdot.gov. Comments must be received on or before Oct. 18, 2024. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction.) Michael T. Leary, Director, Planning and Program Development, Federal Highway Administration. [FR Doc. 2024–20185 Filed 9–6–24; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0332; FMCSA– 2013–0123; FMCSA–2013–0124; FMCSA– 2015–0328; FMCSA–2015–0329; FMCSA– 2017–0059; FMCSA–2017–0061; FMCSA– 2019–0111; FMCSA–2021–0013; FMCSA– 2022–0032] 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 renew exemptions for 11 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: The exemptions were applicable on August 22, 2024. The exemptions expire on August 22, 2026. 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: SUMMARY: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 73181 number (FMCSA–2012–0332, FMCSA– 2013–0123, FMCSA–2013–0124, FMCSA–2015–0328, FMCSA–2015– 0329, FMCSA–2017–0059, FMCSA– 2017–0061, FMCSA–2019–0111, FMCSA–2021–0013, 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 July 24, 2024, FMCSA published a notice announcing its decision to renew exemptions for 11 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 59962). The public comment period ended on August 23, 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)(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 E:\FR\FM\09SEN1.SGM 09SEN1 73182 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices 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. ddrumheller on DSK120RN23PROD with NOTICES1 Based upon its evaluation of the 11 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 August 22, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (89 FR 59962): Thomas Buretz (FL) Adrian Crutchfield (MO) Ruben Faulkwell (TX) Nicholas Green (FL) Jada Hart (IA) Paul Micolichek (WA) Christopher Poole (OH) James Queen (FL) Wayne Turner (IL) Joshua Weaver (GA) James Weir (AZ) The drivers were included in docket number FMCSA–2012–0332, FMCSA– 2013–0123, FMCSA–2013–0124, FMCSA–2015–0328, FMCSA–2015– 0329, FMCSA–2017–0059, FMCSA– 2017–0061, FMCSA–2019–0111, FMCSA–2021–0013, or FMCSA–2022– 0032. Their exemptions were applicable as of August 22, 2024 and will expire on August 22, 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. 2024–20173 Filed 9–6–24; 8:45 am] BILLING CODE 4910–EX–P 17:19 Sep 06, 2024 Federal Railroad Administration [Docket No. FRA–2024–0096] Application Package From the State of Ohio to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Notice, request for comments. AGENCY: IV. Conclusion VerDate Sep<11>2014 DEPARTMENT OF TRANSPORTATION Jkt 262001 This notice announces that FRA has received and reviewed an application package from the State of Ohio (State), Ohio Department of Transportation (ODOT) in conjunction with the Ohio Rail Development Commission (ORDC), requesting participation in the Surface Transportation Project Delivery Program (Program). Under the Program, FRA may assign, and the State may assume, responsibilities under the National Environmental Policy Act (NEPA), and all or part of FRA’s responsibilities for environmental review, consultation, or other actions required under any Federal environmental laws with respect to one or more railroad projects within the State. FRA has determined the application package to be complete and developed a draft MOU with the State outlining how the State will implement the Program with FRA oversight. The public is invited to comment on the State’s request, including its application package and the proposed MOU, which includes the proposed assignments and assumptions of environmental review, consultation, and other activities. DATES: Comments must be received on or before October 9, 2024. ADDRESSES: Comments related to Docket No. FRA–2024–0096 may be submitted by going to https://www.regulations.gov and following the online instructions for submitting comments. Instructions: All submissions must refer to the Federal Railroad Administration and the docket number in this notice (FRA–2024–0096). Note that all submissions received, including any personal information provided, will be posted without change and will be available to the public on https:// www.regulations.gov. You may review DOT’s complete Privacy Act Statement in the Federal Register published April 11, 2000 (65 FR 19477), or at https:// www.transportation.gov/privacy. SUMMARY: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 For questions about this notice, for FRA, please contact Ms. Lana Lau, Supervisory Environmental Protection Specialist, Office of Environmental Program Management, Federal Railroad Administration, telephone (202) 923– 5314, email: Lana.Lau@dot.gov. For ODOT, please contact Mr. Timothy Hill, Administrator of ODOT’s Office of Environmental Services, Ohio Department of Transportation, 1980 West Broad Street, Mail Stop 4170, Columbus, Ohio 43223, telephone: (614) 644–0377; email: Tim.Hill@dot.ohio.gov. SUPPLEMENTARY INFORMATION: Background: Section 327 of title 23, United States Code (23 U.S.C. 327) establishes the Surface Transportation Project Delivery Program (Program). It allows the Secretary of the U.S. Department of Transportation (Secretary) to assign, and a State to assume, responsibility for all or part of the Secretary’s responsibilities for environmental review, consultation, or other actions required under NEPA (42 U.S.C. 4321 et seq.) and any Federal environmental law with respect to one or more highway projects within the State, as well as one or more railroad, public transportation, and/or multimodal projects.1 FRA is authorized to act on behalf of the Secretary with respect to these matters for railroad projects. The State of Ohio initially participated in the Federal Highway Administration’s (FHWA) Surface Transportation Project Delivery Program and in accordance with 23 U.S.C. 327, entered into a Memorandum of Understanding (MOU) with the Federal Highway Administration (FHWA) for the FHWA NEPA Assignment program in Ohio. The NEPA Assignment MOU between the State, acting through ODOT, and FHWA became effective December 11, 2015, was amended on June 6, 2018, and renewed on December 14, 2020. Since being accepted into the FHWA NEPA Assignment program, the State has successfully completed four audits, eight self-assessments, and one monitoring event; a second monitoring event, as required under the MOU, is currently underway. FHWA has consistently publicly stated that the State continues to meet all requirements of the NEPA Assignment program and has held the State up as an example for other states to follow. The State will FOR FURTHER INFORMATION CONTACT: 1 The Secretary may not assign its responsibility for making any conformity determination required under section 176 of the Clean Air Act. Also not assignable is Government to Government consultation with federally recognized Indian Tribes. E:\FR\FM\09SEN1.SGM 09SEN1

Agencies

[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Notices]
[Pages 73181-73182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20173]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332; FMCSA-2013-0123; FMCSA-2013-0124; FMCSA-
2015-0328; FMCSA-2015-0329; FMCSA-2017-0059; FMCSA-2017-0061; FMCSA-
2019-0111; FMCSA-2021-0013; 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 11 
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: The exemptions were applicable on August 22, 2024. The 
exemptions expire on August 22, 2026.

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-2013-0123, FMCSA-2013-0124, FMCSA-2015-
0328, FMCSA-2015-0329, FMCSA-2017-0059, FMCSA-2017-0061, FMCSA-2019-
0111, FMCSA-2021-0013, 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 July 24, 2024, FMCSA published a notice announcing its decision 
to renew exemptions for 11 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 59962). The public comment period ended 
on August 23, 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 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

[[Page 73182]]

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 11 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 August 22, 2024, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (89 FR 59962):

Thomas Buretz (FL)
Adrian Crutchfield (MO)
Ruben Faulkwell (TX)
Nicholas Green (FL)
Jada Hart (IA)
Paul Micolichek (WA)
Christopher Poole (OH)
James Queen (FL)
Wayne Turner (IL)
Joshua Weaver (GA)
James Weir (AZ)

    The drivers were included in docket number FMCSA-2012-0332, FMCSA-
2013-0123, FMCSA-2013-0124, FMCSA-2015-0328, FMCSA-2015-0329, FMCSA-
2017-0059, FMCSA-2017-0061, FMCSA-2019-0111, FMCSA-2021-0013, or FMCSA-
2022-0032. Their exemptions were applicable as of August 22, 2024 and 
will expire on August 22, 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. 2024-20173 Filed 9-6-24; 8:45 am]
BILLING CODE 4910-EX-P

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