89 FR 155 pgs. 65702-65703 - Qualification of Drivers; Exemption Applications; Hearing
Type: NOTICEVolume: 89Number: 155Pages: 65702 - 65703
Pages: 65702, 65703Docket number: [Docket No. FMCSA-2013-0122; FMCSA-2013-0125; FMCSA-2014-0384; FMCSA-2017-0057; FMCSA-2021-0015; FMCSA-2022-0034]
FR document: [FR Doc. 2024-17802 Filed 8-9-24; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Motor Carrier Safety Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0122; FMCSA-2013-0125; FMCSA-2014-0384; FMCSA-2017-0057; FMCSA-2021-0015; 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 10 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce.
DATES:
The exemptions were applicable on July 11, 2024. The exemptions expire on July 11, 2026.
FOR FURTHER INFORMATION CONTACT:
Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001, (202) 366-4001, fmcsamedical@dot.gov. Office hours are 8:30 a.m. to 5 p.m. ET Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Comments
To view comments go to www.regulations.gov. Insert the docket number (FMCSA-2013-0122, FMCSA-2013-0125, FMCSA-2014-0384, FMCSA-2017-0057, FMCSA-2021-0015, or FMCSA-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 June 28, 2024, FMCSA published a notice announcing its decision to renew exemptions for 10 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 54142). The public comment period ended on June 29, 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).
[top] 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
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 10 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 July 11, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 10 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (89 FR 54142):
Nathan Bohannon (TX)
Keith Drown (ID)
Jeremy Earl (IL)
Edison Garcia (MD)
Rodney Henley (AL)
Larry Mancill (IL)
Glenn McCormack (IL)
Bradley Sexton (OK)
Russell Smith (OH)
William Smitley (CA)
The drivers were included in docket number FMCSA-2013-0122, FMCSA-2013-0125, FMCSA-2014-0384, FMCSA-2017-0057, FMCSA-2021-0015, or FMCSA-2022-0034. Their exemptions were applicable as of July 11, 2024 and will expire on July 11, 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. 2024-17802 Filed 8-9-24; 8:45 am]
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