Qualification of Drivers; Exemption Applications; Hearing, 81980-81981 [2024-23360]

Download as PDF 81980 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices 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-systemrecords-notices, the comments are searchable by the name of the submitter. khammond on DSKJM1Z7X2PROD with NOTICES II. Background 17:05 Oct 08, 2024 III. Qualifications of Applicants Ricky Allen Ricky Allen, 49, holds a class C driver’s license in Oregon. Cyle Carter 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 10 individuals listed in this notice have requested an exemption from the hearing requirement in 49 CFR 391.41(b)(11). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. 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 VerDate Sep<11>2014 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), respectively). On February 1, 2013, FMCSA announced in a Notice of Final Disposition titled, ‘‘Qualification of Drivers; Application for Exemptions; National Association of the Deaf,’’ (78 FR 7479), its decision to grant requests from 40 individuals for exemptions from the Agency’s physical qualification standard concerning hearing for interstate CMV drivers. Since that time the Agency has published additional notices granting requests from hard of hearing and deaf individuals for exemptions from the Agency’s physical qualification standard concerning hearing for interstate CMV drivers. Jkt 265001 Cyle Carter, 35, holds a class D driver’s license in Oklahoma. business on the closing date indicated under the DATES section of the notice. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–23357 Filed 10–8–24; 8:45 am] BILLING CODE 4910–EX–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 final disposition. AGENCY: David Monterastelli, 56, holds a class A CDL in Illinois. 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. 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: Kevin Torppey I. Public Participation Kevin Torppey, 54, holds a class D driver’s license in New York. A. 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– Joshua Edwards Joshua Edwards, 27, holds a class D driver’s license in Alabama. Zachary Garner Zachary Garner, 33, holds a class F driver’s license in Missouri. Zachrey Gill Zachrey Gill, 27, holds a class E.O. driver’s license in Michigan. Maher Hamida Maher Hamida, 43, holds a class D driver’s license in Illinois. Ryan Jolly Ryan Jolly, 35, holds a class B commercial driver’s license (CDL) in New York. Stetson McBirnie Stetson McBirnie, 32, holds a class C driver’s license in California. David Monterastelli IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 SUMMARY: E:\FR\FM\09OCN1.SGM 09OCN1 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 August 30, 2024, FMCSA published a notice announcing its decision to renew exemptions for 15 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 70682). The public comment period ended on September 30, 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 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 VerDate Sep<11>2014 17:05 Oct 08, 2024 Jkt 265001 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 Frm 00102 Fmt 4703 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. 2024–23360 Filed 10–8–24; 8:45 am] Based upon its evaluation of the 15 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 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 (89 FR 70682). 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– 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 (89 FR 70682). 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. 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 PO 00000 81981 Sfmt 4703 BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2024–0014] 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 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 are applicable October 5, 2024. The exemptions expire on October 5, 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: SUMMARY: I. Public Participation A. 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, 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 E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81980-81981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23360]


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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 final disposition.

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

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.

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-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-

[[Page 81981]]

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.

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 August 30, 2024, FMCSA published a notice announcing its 
decision to renew exemptions for 15 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 70682). The 
public comment period ended on September 30, 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 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 15 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 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 (89 FR 70682).

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-
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 (89 FR 70682). 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.
    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. 2024-23360 Filed 10-8-24; 8:45 am]
BILLING CODE 4910-EX-P

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