8484 Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Notices 

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(e) and 

31315(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–02473 Filed 2–6–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0007] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 11 individuals for an 

exemption from the hearing requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. If granted, the 

exemptions would enable these hard of 

hearing and deaf individuals to operate 

CMVs in interstate commerce. 

DATES: Comments must be received on 

or before March 8, 2024. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2024–0007 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2024–0007) in the 

keyword box and click ‘‘Search.’’ Next, 

choose the only 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: 

I. Public Participation 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2024–0007), 

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 

https://www.regulations.gov/docket/ 

FMCSA-2024-0007. Next, sort the results 

by ‘‘Posted (Newer-Older),’’ choose the 

only 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–2024–0007) in the 

keyword box and click ‘‘Search.’’ Next, 

choose the only 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-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 2- 

year period to align with the maximum 

duration of a driver’s medical 

certification. 

The 11 individuals listed in this 

notice have requested an exemption 

from the hearing requirement in 49 CFR 

391.41(b)(11). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

the exemption will achieve the required 

level of safety mandated by statute. 

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). 

On February 1, 2013, FMCSA 

announced in a Notice of Final 

Disposition titled, ‘‘Qualification of 


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Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Notices 8485 

Drivers; Application for Exemptions; 

National Association of the Deaf,’’ (78 

FR 7479), its decision to grant requests 

from 40 individuals for exemptions 

from the Agency’s physical qualification 

standard concerning hearing for 

interstate CMV drivers. Since that time 

the Agency has published additional 

notices granting requests from hard of 

hearing and deaf individuals for 

exemptions from the Agency’s physical 

qualification standard concerning 

hearing for interstate CMV drivers. 

III. Qualifications of Applicants 

Baldemar Barba 

Baldemar Barba, 26, holds a class A 

commercial driver’s license (CDL) in 

Texas. 

Michael Blizard 

Michael Blizard, 57, holds a class E 

driver’s license in Florida. 

Nathan Brune 

Nathan Brune, 45, holds a class D 

driver’s license in Idaho. 

Byron Nelson 

Byron Nelson, 50, holds a class C 

driver’s license in Oregon. 

Cedric Carr 

Cedric Carr, 40, holds a class C 

driver’s license in North Carolina. 

David Fults 

David Fults, 49, holds a class D 

driver’s license in Illinois. 

Deshon Gray 

Deshon Gray, 51, holds a class C 

driver’s license in Texas. 

Kekoa Kahele 

Kekoa Kahele, 45, holds a class C 

driver’s license in Nevada. 

Robert Lara Lara 

Robert Lara Lara, 31, holds a class 10 

driver’s license in Rhode Island. 

Patrick Rubio 

Patrick Rubio, 42, holds a class C 

driver’s license in California. 

James Sanford 

James Sanford, 36, holds a class 1 

driver’s license in South Dakota. 

IV. Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b), FMCSA requests public 

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. 2024–02475 Filed 2–6–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2023–0066, Notice No. 2] 

Petition for Waiver of Compliance and 

Notice of Public Hearing 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Announcement of public 

hearing and extension of comment 

period. 

SUMMARY: On January 16, 2024, FRA 

published a public notice announcing 

that on August 10, 2023, Georgia Central 

Railway, L.P. and Heart of Georgia 

Railroad, Inc. (Petitioners) submitted a 

request to FRA for approval of a test 

program, and the temporary suspension 

of certain FRA safety regulations in 

connection with that program 

(Program). In this notice, FRA is 

announcing a public hearing to allow 

interested persons the opportunity to 

provide comments on the petition. FRA 

is also announcing a 14-day extension of 

the comment period to allow time for 

interested parties to submit comments 

on the petition or in response to views 

or information provided at the public 

hearing. 

DATES: 

(1) A public hearing will be held on 

March 12, 2024, from 1 p.m. (ET) to 5 

p.m. (ET) in Vidalia, GA, and through 

one or more internet links. 

(2) Comments: FRA must receive 

comments on the petition, or in 

response to views or information 

provided at the public hearing, by April 

1, 2024. FRA will consider comments 

received after that date to the extent 

practicable. 

ADDRESSES: 

Public Hearing: The public hearing 

will allow for participation in-person or 

virtually. For those participants that 

prefer to appear in person, the public 

hearing will be held at the Vidalia 

Community Center, 107 Old Airport 

Road, Vidalia, GA 30474. For those 

participants wishing to make a 

statement at the public hearing, either 

in-person or virtually, please contact 

FRA as described under the Public 

Participation Procedures heading in the 

SUPPLEMENTARY INFORMATION section of 

this document. Any person who wants 

to participate or observe the public 

hearing virtually can visit https://

railroads.dot.gov/hog-gc-hearingfor the 

web address and hyperlink. 

Comments: Comments related to 

Docket No. FRA–2023–0066 may be 

submitted by going to https://

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number (FRA–2023–0066). All 

comments received will be posted 

without change to https://

www.regulations.gov; this includes any 

personal information. Please see the 

Privacy Act heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments or materials. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and follow the 

online instructions for accessing the 

docket. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Brewer, Staff Director— 

Engineering and Technology Division, 

Federal Railroad Administration, 

telephone: 509–994–1978, email: 

matthew.brewer@dot.gov; or Veronica 

Chittim, Attorney Advisor, Federal 

Railroad Administration, telephone: 

202–480–3410, email: veronica.chittim@

dot.gov. 

SUPPLEMENTARY INFORMATION: The 

purpose of this hearing is to receive 

comments in response to a petition for 

approval of a test program and the 

temporary suspension of certain FRA 

safety regulations in connection with 

that Program, including certain statutory 

requirements that would require FRA to 

exercise its authority under 49 U.S.C. 

20306 to exempt the rail equipment 

involved from the requirements of 49 

U.S.C. 20302. Petitioners should be 

present at the hearing and prepared to 

present evidence that any requirements 

of chapter 203, title 49, U.S.C., for 

which exemption is sought ‘‘preclude 

the development or implementation of 

more efficient railroad transportation.’’ 

Interested parties are invited to 

present statements and to offer 

information and views at the hearing. 

The hearing will be an informal, nonadversarial proceeding conducted by a 

representative FRA designates under 

FRA’s Rules of Practice (49 CFR 211.25). 

Therefore, there will be no crossexamination of persons presenting 

statements or offering information. An 

FRA representative will make an 


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