Qualification of Drivers; Exemption Applications; Hearing, 85287-85289 [2024-24852]

Download as PDF Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 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). ddrumheller on DSK120RN23PROD with NOTICES1 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 VerDate Sep<11>2014 17:40 Oct 24, 2024 Jkt 265001 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 13 exemption applications, FMCSA exempts the following drivers from the hearing standard; in § 391.41(b)(11), subject to the requirements cited above: Matthew Adams (IN) Calvin Anderson (WI) Vanessa Arnao (VA) Roxanne Blind (TX) Wayne Haffner (NC) David Hollandsworth (IN) Mara Jean Francois (CT) Abdifatah Jimale (MN) Kang Lin (NY) Manasseh O’Brien (NY) PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 85287 Joshua Ofiu (CA) Lee Smith (ID) Edwin Toscano (GA) 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. 2024–24851 Filed 10–24–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0124; FMCSA– 2014–0104; FMCSA–2015–0326; FMCSA– 2015–0329; FMCSA–2017–0058; FMCSA– 2017–0059; FMCSA–2017–0060; FMCSA– 2018–0135; FMCSA–2020–0027; FMCSA– 2022–0035; FMCSA–2022–0036] 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 November 25, 2024. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2013–0124, Docket No. FMCSA–2014–0104, Docket No. FMCSA–2015–0326, Docket No. FMCSA–2015–0329, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2017–0059, Docket No. SUMMARY: E:\FR\FM\25OCN1.SGM 25OCN1 85288 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices FMCSA–2017–0060, Docket No. FMCSA–2018–0135, Docket No. FMCSA–2020–0027, Docket No. FMCSA–2022–0035, or Docket No. FMCSA–2022–0036 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2013–0124, FMCSA– 2014–0104, FMCSA–2015–0326, FMCSA–2015–0329, FMCSA–2017– 0058, FMCSA–2017–0059, FMCSA– 2017–0060, FMCSA–2018–0135, FMCSA–2020–0027, FMCSA–2022– 0035, or FMCSA–2022–0036) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ 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: ddrumheller on DSK120RN23PROD with NOTICES1 I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2013–0124, Docket No. FMCSA–2014–0104, Docket No. FMCSA–2015–0326, Docket No. FMCSA–2015–0329, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2017–0059, Docket No. FMCSA–2017–0060, Docket No. FMCSA–2018–0135, Docket No. FMCSA–2020–0027, Docket No. FMCSA–2022–0035, or Docket No. FMCSA–2022–0036), indicate the specific section of this document to VerDate Sep<11>2014 17:40 Oct 24, 2024 Jkt 265001 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–2013–0124, FMCSA– 2014–0104, FMCSA–2015–0326, FMCSA–2015–0329, FMCSA–2017– 0058, FMCSA–2017–0059, FMCSA– 2017–0060, FMCSA–2018–0135, FMCSA–2020–0027, FMCSA–2022– 0035, or FMCSA–2022–0036) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ 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–2013–0124, FMCSA– 2014–0104, FMCSA–2015–0326, FMCSA–2015–0329, FMCSA–2017– 0058, FMCSA–2017–0059, FMCSA– 2017–0060, FMCSA–2018–0135, FMCSA–2020–0027, FMCSA–2022– 0035, or FMCSA–2022–0036) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ 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, PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 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. 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 E:\FR\FM\25OCN1.SGM 25OCN1 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 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. ddrumheller on DSK120RN23PROD with NOTICES1 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 November and are discussed below. As of November 25, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Stephen Arellano (CO) Jimmy Benavides (TX) Robert Burnett (AZ) Leslie Crump (MI) Clark Dobson (CA) Tonnette Garza (FL) Paul Mansfield (KS) Michael Murrah (GA) Joseph Woodle (KY) The drivers were included in docket number FMCSA–2013–0124, FMCSA– 2015–0326, FMCSA–2015–0329, FMCSA–2017–0058, FMCSA–2017– 0059, FMCSA–2020–0027, FMCSA– 2022–0035, or FMCSA–2022–0036. Their exemptions are applicable as of November 25, 2024 and will expire on November 25, 2026. As of November 30, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following six individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: VerDate Sep<11>2014 17:40 Oct 24, 2024 Jkt 265001 Deontae Blanks (TX) Alan Bridgeford (AZ) Michael Dohanish (OH) Bruce Dunn (LA) Teela Gilmore (GA) Adalberto Rodriguez (NY) DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency The drivers were included in docket number FMCSA–2014–0104, FMCSA– 2017–0058, FMCSA–2017–0060, or FMCSA–2018–0135. Their exemptions are applicable as of November 30, 2024 and will expire on November 30, 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 § 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 Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–24852 Filed 10–24–24; 8:45 am] BILLING CODE 4910–EX–P Frm 00154 Fmt 4703 Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Community Reinvestment Act Regulation; Correction Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice; correction. AGENCY: The OCC published a document in the Federal Register of October 21, 2024, concerning request for comments as part of its continuing effort to reduce paperwork and respondent burden, as required by the Paperwork Reduction Act of 1995 (PRA). The document contained an incorrect estimated number of respondents. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer, (202) 649–5490, Chief Counsel’s Office, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219. If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. SUPPLEMENTARY INFORMATION: SUMMARY: Correction In the Federal Register of October 21, 2024, in FR Doc. 2024–24194, on page 84248, in the first column, correct the ‘‘Estimated Number of Respondents’’ to read: Estimated Number of Respondents: 2,181.5 Dated: October 21, 2024. Patrick T. Tierney, Assistant Director, Office of the Comptroller of the Currency. [FR Doc. 2024–24821 Filed 10–24–24; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY Internal Revenue Service 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 exemption will be valid for 2 years unless revoked earlier by FMCSA. PO 00000 85289 Sfmt 4703 Internal Revenue Service Advisory Council Meeting Internal Revenue Service, Department of Treasury. ACTION: Notice of public meeting. AGENCY: 5 The Estimated Number of Respondents and Estimated Total Annual Burden were updated to (1) include Federally insured branches, (2) confirm the use of up-to-date bank asset sizes, and (3) make other clarifying revisions to ensure accurate estimates. E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85287-85289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24852]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0124; FMCSA-2014-0104; FMCSA-2015-0326; FMCSA-
2015-0329; FMCSA-2017-0058; FMCSA-2017-0059; FMCSA-2017-0060; FMCSA-
2018-0135; FMCSA-2020-0027; FMCSA-2022-0035; FMCSA-2022-0036]


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 November 25, 2024.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2013-0124, Docket No. FMCSA-2014-
0104, Docket No. FMCSA-2015-0326, Docket No. FMCSA-2015-0329, Docket 
No. FMCSA-2017-0058, Docket No. FMCSA-2017-0059, Docket No.

[[Page 85288]]

FMCSA-2017-0060, Docket No. FMCSA-2018-0135, Docket No. FMCSA-2020-
0027, Docket No. FMCSA-2022-0035, or Docket No. FMCSA-2022-0036 using 
any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2013-0124, FMCSA-2014-0104, FMCSA-2015-
0326, FMCSA-2015-0329, FMCSA-2017-0058, FMCSA-2017-0059, FMCSA-2017-
0060, FMCSA-2018-0135, FMCSA-2020-0027, FMCSA-2022-0035, or FMCSA-2022-
0036) 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-2013-0124, Docket No. FMCSA-2014-0104, Docket 
No. FMCSA-2015-0326, Docket No. FMCSA-2015-0329, Docket No. FMCSA-2017-
0058, Docket No. FMCSA-2017-0059, Docket No. FMCSA-2017-0060, Docket 
No. FMCSA-2018-0135, Docket No. FMCSA-2020-0027, Docket No. FMCSA-2022-
0035, or Docket No. FMCSA-2022-0036), 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-2013-0124, FMCSA-2014-0104, FMCSA-2015-0326, 
FMCSA-2015-0329, FMCSA-2017-0058, FMCSA-2017-0059, FMCSA-2017-0060, 
FMCSA-2018-0135, FMCSA-2020-0027, FMCSA-2022-0035, or FMCSA-2022-0036) 
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-2013-0124, FMCSA-2014-0104, FMCSA-2015-0326, FMCSA-2015-
0329, FMCSA-2017-0058, FMCSA-2017-0059, FMCSA-2017-0060, FMCSA-2018-
0135, FMCSA-2020-0027, FMCSA-2022-0035, or FMCSA-2022-0036) 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

[[Page 85289]]

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 November 
and are discussed below.
    As of November 25, 2024, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

Stephen Arellano (CO)
Jimmy Benavides (TX)
Robert Burnett (AZ)
Leslie Crump (MI)
Clark Dobson (CA)
Tonnette Garza (FL)
Paul Mansfield (KS)
Michael Murrah (GA)
Joseph Woodle (KY)

    The drivers were included in docket number FMCSA-2013-0124, FMCSA-
2015-0326, FMCSA-2015-0329, FMCSA-2017-0058, FMCSA-2017-0059, FMCSA-
2020-0027, FMCSA-2022-0035, or FMCSA-2022-0036. Their exemptions are 
applicable as of November 25, 2024 and will expire on November 25, 
2026.
    As of November 30, 2024, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

Deontae Blanks (TX)
Alan Bridgeford (AZ)
Michael Dohanish (OH)
Bruce Dunn (LA)
Teela Gilmore (GA)
Adalberto Rodriguez (NY)

    The drivers were included in docket number FMCSA-2014-0104, FMCSA-
2017-0058, FMCSA-2017-0060, or FMCSA-2018-0135. Their exemptions are 
applicable as of November 30, 2024 and will expire on November 30, 
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. 2024-24852 Filed 10-24-24; 8:45 am]
BILLING CODE 4910-EX-P
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