Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 85287 

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 

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. Basis for Exemption Determination 

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. However, 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 Agency’s decision regarding these 

exemption applications is based on 

relevant scientific information and 

literature, and the 2008 Evidence 

Report, ‘‘Executive Summary on 

Hearing, Vestibular Function and 

Commercial Motor Driving Safety.’’ The 

evidence report reached two 

conclusions regarding the matter of 

hearing loss and CMV driver safety: (1) 

no studies that examined the 

relationship between hearing loss and 

crash risk exclusively among CMV 

drivers were identified; and (2) evidence 

from studies of the private driver’s 

license holder population does not 

support the contention that individuals 

with hearing impairment are at an 

increased risk for a crash. In addition, 

the Agency reviewed each applicant’s 

driving record found in the Commercial 

Driver’s License Information System, for 

commercial driver’s license (CDL) 

holders, and inspections recorded in the 

Motor Carrier Management Information 

System. For non-CDL holders, the 

Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency. Each applicant’s record 

demonstrated a safe driving history. 

Based on an individual assessment of 

each applicant that focused on whether 

an equal or greater level of safety would 

likely be achieved by permitting each of 

these drivers to drive in interstate 

commerce, the Agency finds the drivers 

granted this exemption have 

demonstrated that they do not pose a 

risk to public safety. 

Consequently, FMCSA finds further 

that in each case exempting these 

applicants from the hearing standard in 

§ 391.41(b)(11) would likely achieve a 

level of safety equal to that existing 

without the exemption, consistent with 

the applicable standard in 49 U.S.C. 

31315(b)(1). 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and include the following: (1) each 

driver must report any crashes or 

accidents as defined in § 390.5T; (2) 

each driver must report all citations and 

convictions for disqualifying offenses 

under 49 CFR parts 383 and 391 to 

FMCSA; and (3) each driver is 

prohibited from operating a motorcoach 

or bus with passengers in interstate 

commerce. The driver must also have a 

copy of the exemption when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. In addition, the exemption does 

not exempt the individual from meeting 

the applicable CDL testing 

requirements. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the 13 

exemption applications, FMCSA 

exempts the following drivers from the 

hearing standard; in § 391.41(b)(11), 

subject to the requirements cited above: 

Matthew Adams (IN) 

Calvin Anderson (WI) 

Vanessa Arnao (VA) 

Roxanne Blind (TX) 

Wayne Haffner (NC) 

David Hollandsworth (IN) 

Mara Jean Francois (CT) 

Abdifatah Jimale (MN) 

Kang Lin (NY) 

Manasseh O’Brien (NY) 

Joshua Ofiu (CA) 

Lee Smith (ID) 

Edwin Toscano (GA) 

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. 2024–24851 Filed 10–24–24; 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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of renewal of 

exemptions; request for comments. 

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. Comments must be received on 

or before November 25, 2024. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2013–0124, Docket No. 

FMCSA–2014–0104, Docket No. 

FMCSA–2015–0326, Docket No. 

FMCSA–2015–0329, Docket No. 

FMCSA–2017–0058, Docket No. 

FMCSA–2017–0059, Docket No. 


ddrumheller on DSK120RN23PROD with NOTICES1
85288 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 

FMCSA–2017–0060, Docket No. 

FMCSA–2018–0135, Docket No. 

FMCSA–2020–0027, Docket No. 

FMCSA–2022–0035, or Docket No. 

FMCSA–2022–0036 using any of the 

following methods: 

• Federal eRulemaking Portal: 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 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–2013–0124, 

Docket No. FMCSA–2014–0104, Docket 

No. FMCSA–2015–0326, Docket No. 

FMCSA–2015–0329, Docket No. 

FMCSA–2017–0058, Docket No. 

FMCSA–2017–0059, Docket No. 

FMCSA–2017–0060, Docket No. 

FMCSA–2018–0135, Docket No. 

FMCSA–2020–0027, Docket No. 

FMCSA–2022–0035, or Docket No. 

FMCSA–2022–0036), 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 

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, 

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–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. 

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 physical qualification standard 

for drivers regarding hearing found in 

49 CFR 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). 

The 15 individuals listed in this 

notice have requested renewal of their 

exemptions from the hearing standard 

in § 391.41(b)(11), in accordance with 

FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable 2-year period. 

III. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 85289 

5The Estimated Number of Respondents and 

Estimated Total Annual Burden were updated to (1) 

include Federally insured branches, (2) confirm the 

use of up-to-date bank asset sizes, and (3) make 

other clarifying revisions to ensure accurate 

estimates. 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315(b), FMCSA 

will take immediate steps to revoke the 

exemption of a driver. 

IV. Basis for Renewing Exemptions 

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

and 31315(b), each of the 15 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement. The 15 drivers in 

this notice remain in good standing with 

the Agency. In addition, for commercial 

driver’s license (CDL) holders, the 

Commercial Driver’s License 

Information System and the Motor 

Carrier Management Information System 

are searched for crash and violation 

data. For non-CDL holders, the Agency 

reviews the driving records from the 

State Driver’s Licensing Agency. These 

factors provide an adequate basis for 

predicting each driver’s ability to 

continue to safely operate a CMV in 

interstate commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each of these drivers for a period of 

2 years is likely to achieve a level of 

safety equal to that existing without the 

exemption. 

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

and 31315(b), the following groups of 

drivers received renewed exemptions in 

the month of November and are 

discussed below. 

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: 

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 are 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: 

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 

are applicable as of November 30, 2024 

and will expire on November 30, 2026. 

V. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) each 

driver must report any crashes or 

accidents as defined in § 390.5T; and (2) 

report all citations and convictions for 

disqualifying offenses under 49 CFR 

parts 383 and 391 to FMCSA; and (3) 

each driver prohibited from operating a 

motorcoach or bus with passengers in 

interstate commerce. The driver must 

also have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. In addition, the 

exemption does not exempt the 

individual from meeting the applicable 

CDL testing requirements. Each 

exemption will be valid for 2 years 

unless rescinded earlier by FMCSA. The 

exemption will be rescinded if: (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 before it 

was 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). 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the 15 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the hearing requirement in 

§ 391.41(b)(11). In accordance with 49 

U.S.C. 31136(e) and 31315(b), each 

exemption will be valid for 2 years 

unless revoked earlier by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–24852 Filed 10–24–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Information Collection 

Renewal; Submission for OMB Review; 

Community Reinvestment Act 

Regulation; Correction 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice; correction. 

SUMMARY: The OCC published a 

document in the Federal Register of 

October 21, 2024, concerning request for 

comments as part of its continuing effort 

to reduce paperwork and respondent 

burden, as required by the Paperwork 

Reduction Act of 1995 (PRA). The 

document contained an incorrect 

estimated number of respondents. 

FOR FURTHER INFORMATION CONTACT: 

Shaquita Merritt, Clearance Officer, 

(202) 649–5490, Chief Counsel’s Office, 

Office of the Comptroller of the 

Currency, 400 7th Street SW, 

Washington, DC 20219. If you are deaf, 

hard of hearing, or have a speech 

disability, please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of October 21, 

2024, in FR Doc. 2024–24194, on page 

84248, in the first column, correct the 

‘‘Estimated Number of Respondents’’ to 

read: 

Estimated Number of Respondents: 

2,181.5

Dated: October 21, 2024. 

Patrick T. Tierney, 

Assistant Director, Office of the Comptroller 

of the Currency. 

[FR Doc. 2024–24821 Filed 10–24–24; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Internal Revenue Service Advisory 

Council Meeting 

AGENCY: Internal Revenue Service, 

Department of Treasury. 

ACTION: Notice of public meeting. 


ddrumheller on DSK120RN23PROD with NOTICES1