Notice2024-26971
Qualification of Drivers; Exemption Applications; Hearing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 19, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 223 (Tuesday, November 19, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91476-91477]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26971]
-----------------------------------------------------------------------
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,
<a href="/cdn-cgi/l/email-protection#2b4d4648584a464e4f42484a476b4f445f054c445d"><span class="__cf_email__" data-cfemail="2543484656444840414c46444965414a510b424a53">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>, 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 19, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.