Qualification of Drivers; Exemption Applications; Hearing, 95898-95899 [2024-28241]

Download as PDF 95898 Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices website at www.fmcsa.dot.gov/mcsac for further information on the committee and its activities. FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Deputy Designated Federal Officer, MCSAC, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 360–2925, mcsac@dot.gov. Any committee-related request should be sent to the person listed in this section. SUPPLEMENTARY INFORMATION: I. Background Purpose of the Committee MCSAC was established to provide FMCSA with advice and recommendations on motor carrier safety programs and motor carrier safety regulations. MCSAC is composed of 20 voting representatives from the motor carrier safety advocacy, safety enforcement, labor, and industry sectors. The diversity of MCSAC ensures the requisite range of views and expertise necessary to discharge its responsibilities. MCSAC operates as a statutory committee under the authority of the U.S. Department of Transportation (DOT), established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. ch. 10). lotter on DSK11XQN23PROD with NOTICES1 Meeting Agenda Agenda topics for the meeting will include: • Ethics Briefing—An attorney from FMCSA’s Office of Chief Counsel will conduct MCSAC’s annual ethics training; • Truck Parking—FMCSA will provide a presentation of Federal and State efforts to increase truck parking, and task the MCSAC to provide recommendations concerning additional government and private sector actions that should be considered to increase parking; and • CMV Crash Data Trends and Seat Belt Usage—FMCSA will present a review of truck crash data and, truck occupant fatality/injury data and the percentage of these drivers that were not wearing their seat belts. The Agency will engage the MCSAC to identify opportunities to promote greater levels of seat belt usage among CMV drivers. II. Meeting Participation Advance registration is required. Please register at www.fmcsa.dot.gov/ mcsac by the deadline referenced in the DATES section. The meeting will be open to the public for its entirety. The U.S. Department of Transportation is committed to providing equal access to this meeting for all participants. If you VerDate Sep<11>2014 17:09 Dec 02, 2024 Jkt 265001 need alternative formats or services because of a disability, such as sign language, interpretation, or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Oral comments from the public will be heard during a public comment period at the discretion of the MCSAC chair and Designated Federal Officer. FMCSA asks individuals to limit their comments to two minutes on the issues under consideration only. Members of the public may submit written comments to the person listed in the FOR FURTHER INFORMATION CONTACT section on the topics to be considered during the meeting by the deadline referenced in the DATES section. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–28236 Filed 12–2–24; 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 final disposition. 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. SUMMARY: 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 FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 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–2013–0124, 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. 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 October 25, 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 85287). The public comment period ended on November 25, 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 E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices § 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. lotter on DSK11XQN23PROD with NOTICES1 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 § 391.41 (b)(11). 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 (89 FR 85287): 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 were 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 (89 FR 85287): Deontae Blanks (TX) Alan Bridgeford (AZ) Michael Dohanish (OH) Bruce Dunn (LA) VerDate Sep<11>2014 17:09 Dec 02, 2024 Jkt 265001 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 were applicable as of November 30, 2024 and will expire on November 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. 2024–28241 Filed 12–2–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0444; FMCSA– 2015–0323; FMCSA–2018–0052; FMCSA– 2018–0054; FMCSA–2020–0050; FMCSA– 2022–0045] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders 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 eight 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 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: Each group of renewed exemptions are applicable on the dates stated in the discussions below and will expire on the dates stated in the SUMMARY: PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 95899 discussions below. Comments must be received on or before January 2, 2025. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2013–0444, Docket No. FMCSA–2015–0323, Docket No. FMCSA–2018–0052, Docket No. FMCSA–2018–0054, Docket No. FMCSA–2020–0050, or Docket No. FMCSA–2022–0045 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2013–0444, FMCSA– 2015–0323, FMCSA–2018–0052, FMCSA–2018–0054, FMCSA–2020– 0050, or FMCSA–2022–0045) 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, 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. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2013–0444, Docket No. FMCSA–2015–0323, Docket No. FMCSA–2018–0052, Docket No. FMCSA–2018–0054, Docket No. FMCSA–2020–0050, or Docket No. FMCSA–2022–0045), 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 E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95898-95899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28241]


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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 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-2013-0124, 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.

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 October 25, 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 85287). The 
public comment period ended on November 25, 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

[[Page 95899]]

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 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 (89 FR 85287):

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 were 
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 (89 FR 85287):

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 were 
applicable as of November 30, 2024 and will expire on November 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. 2024-28241 Filed 12-2-24; 8:45 am]
BILLING CODE 4910-EX-P
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