Qualification of Drivers; Exemption Applications; Hearing, 91476-91477 [2024-26971]

Download as PDF 91476 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated under the DATES section of the notice. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–26969 Filed 11–18–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0332; FMCSA– 2014–0104; FMCSA–2014–0387; FMCSA– 2016–0002; FMCSA–2017–0058; FMCSA– 2017–0059; FMCSA–2017–0060; FMCSA– 2017–0061; FMCSA–2018–0135; FMCSA– 2020–0026; FMCSA–2020–0027; FMCSA– 2022–0035] B. Privacy Act 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 23 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: ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2012–0332, FMCSA– 2014–0104, FMCSA–2014–0387, FMCSA–2016–0002, FMCSA–2017– VerDate Sep<11>2014 17:42 Nov 18, 2024 Jkt 265001 0058, FMCSA–2017–0059, FMCSA– 2017–0060, FMCSA–2017–0061, FMCSA–2018–0135, FMCSA–2020– 0026, FMCSA–2020–0027, or FMCSA– 2022–0035) 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. 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 September 26, 2024, FMCSA published a notice announcing its decision to renew exemptions for 23 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 78971). The public comment period ended on October 28, 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 PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 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 23 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 October 3, 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 (89 FR 78971): Hagop Balian (IL) Mataio Brown (MS) Byron Davis (TX) Eddie Martinez (TX) Donnie McEntire (GA) Willie Miller (IA) Byron Smith (LA) Brandon Soto (MO) Michael Tayman (ME) The drivers were included in docket number FMCSA–2012–0332, FMCSA– 2014–0104, FMCSA–2014–0387, FMCSA–2017–0060, FMCSA–2017– 0061, FMCSA–2020–0026, FMCSA– 2020–0027, or FMCSA–2022–0035. Their exemptions were applicable as of October 3, 2024 and will expire on October 3, 2026. As of October 13, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (89 FR 78971): Cory Adkins (FL) Matthew Albrecht (PA) Agustin Hernandez (TX) Jacquelyn Hetherington (OK) Andrew Hippler (ID) Jose Ramirez (IL) Daniel Stroud (UT) Jason Wynne (TX) The drivers were included in docket number FMCSA–2016–0002, FMCSA– 2017–0058, FMCSA–2017–0059, FMCSA–2017–0061, or FMCSA–2018– 0135. Their exemptions were applicable as of October 13, 2024 and will expire on October 13, 2026. E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices As of October 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: Adrian Almanza (IL) James Bryan (AR) William Heath (NC) Marty Posey (IN) Anthony Vasquez (TX) Daniel Zeolla (PA) The drivers were included in docket number FMCSA–2020–0027. Their exemptions were applicable as of October 30, 2024 and will expire on October 30, 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. 2024–26971 Filed 11–18–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0294; FMCSA– 2013–0443; FMCSA–2013–0445;FMCSA– 2014–0212; FMCSA–2014–0213; FMCSA– 2015–0321; FMCSA–2018–0051; FMCSA– 2018–0052; FMCSA–2018–0054; FMCSA– 2019–0033; FMCSA–2020–0046; FMCSA– 2022–0044] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 15 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:42 Nov 18, 2024 Jkt 265001 exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce. DATES: The exemptions were applicable on October 21, 2024. The exemptions expire on October 21, 2026. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, (202) 366–4001, fmcsamedical@dot.gov. Office hours are from 8:30 a.m. to 5 p.m. ET Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, (202) 366– 9826. SUPPLEMENTARY INFORMATION: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2012–0294, FMCSA– 2013–0443, FMCSA–2013–0445, FMCSA–2014–0212, FMCSA–2014– 0213, FMCSA–2015–0321, FMCSA– 2018–0051, FMCSA–2018–0052, FMCSA–2018–0054, FMCSA–2019– 0033, FMCSA–2020–0046, or FMCSA– 2022–0044) 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 request. 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 September 26, 2024, FMCSA published a notice announcing its PO 00000 Frm 00165 Fmt 4703 Sfmt 4703 91477 decision to renew exemptions for 15 individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (89 FR 78973). The public comment period ended on October 28, 2024, and one comment was 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)(8). The physical qualification standard for drivers regarding epilepsy found in § 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. In addition to the regulations, FMCSA has published advisory criteria 1 to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. III. Discussion of Comments FMCSA received one comment in this proceeding. The commenter stated that while they support the renewal process for seizure exemptions, they believe that the Federal Seizure Exemption Program should include stricter and more frequent medical evaluations to ensure safety. FMCSA requires that exemption holders submit annual reports from their treating physicians attesting to the stability of their treatment and that they have remained seizure-free as well as undergo an annual medical examination by a certified medical examiner, as defined by § 390.5, as conditions of hold the exemption. The commenter’s statement regarding improvements for clearer signage and roadway conditions to minimize potentials risks of these drivers is outside the scope of this notice. IV. Conclusion Based on its evaluation of the 15 renewal exemption applications and comments received, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). 1 These criteria may be found in Appendix A to Part 391—Medical Advisory Criteria, section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5, which is available on the internet at https:// www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ CFR-2015-title49-vol5-part391-appA.pdf. E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91476-91477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26971]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332; FMCSA-2014-0104; FMCSA-2014-0387; FMCSA-
2016-0002; FMCSA-2017-0058; FMCSA-2017-0059; FMCSA-2017-0060; FMCSA-
2017-0061; FMCSA-2018-0135; FMCSA-2020-0026; FMCSA-2020-0027; FMCSA-
2022-0035]


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 23 
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-2012-0332, FMCSA-2014-0104, FMCSA-2014-0387, FMCSA-2016-
0002, FMCSA-2017-0058, FMCSA-2017-0059, FMCSA-2017-0060, FMCSA-2017-
0061, FMCSA-2018-0135, FMCSA-2020-0026, FMCSA-2020-0027, or FMCSA-2022-
0035) 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 September 26, 2024, FMCSA published a notice announcing its 
decision to renew exemptions for 23 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 78971). The 
public comment period ended on October 28, 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 23 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 October 3, 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 (89 FR 78971):

Hagop Balian (IL)
Mataio Brown (MS)
Byron Davis (TX)
Eddie Martinez (TX)
Donnie McEntire (GA)
Willie Miller (IA)
Byron Smith (LA)
Brandon Soto (MO)
Michael Tayman (ME)

    The drivers were included in docket number FMCSA-2012-0332, FMCSA-
2014-0104, FMCSA-2014-0387, FMCSA-2017-0060, FMCSA-2017-0061, FMCSA-
2020-0026, FMCSA-2020-0027, or FMCSA-2022-0035. Their exemptions were 
applicable as of October 3, 2024 and will expire on October 3, 2026.
    As of October 13, 2024, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following eight individuals have satisfied the 
renewal conditions for obtaining an exemption from the hearing 
requirement in the FMCSRs for interstate CMV drivers (89 FR 78971):

Cory Adkins (FL)
Matthew Albrecht (PA)
Agustin Hernandez (TX)
Jacquelyn Hetherington (OK)
Andrew Hippler (ID)
Jose Ramirez (IL)
Daniel Stroud (UT)
Jason Wynne (TX)

    The drivers were included in docket number FMCSA-2016-0002, FMCSA-
2017-0058, FMCSA-2017-0059, FMCSA-2017-0061, or FMCSA-2018-0135. Their 
exemptions were applicable as of October 13, 2024 and will expire on 
October 13, 2026.

[[Page 91477]]

    As of October 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:

Adrian Almanza (IL)
James Bryan (AR)
William Heath (NC)
Marty Posey (IN)
Anthony Vasquez (TX)
Daniel Zeolla (PA)

    The drivers were included in docket number FMCSA-2020-0027. Their 
exemptions were applicable as of October 30, 2024 and will expire on 
October 30, 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. 2024-26971 Filed 11-18-24; 8:45 am]
BILLING CODE 4910-EX-P
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