93394 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 

dosage and frequency remaining the 

same since 2019. Their physician states 

that they are supportive of Richard 

Sievers receiving an exemption. 

Beth Smith 

Beth Smith is a 58-year-old class D 

license holder in Montana. They have a 

history of epilepsy and have been 

seizure free since April 26, 2013. They 

take anti-seizure medication with the 

dosage and frequency remaining the 

same since November 2013. Their 

physician states that they are supportive 

of Beth Smith receiving an exemption. 

Brandon White 

Brandon White is a 35-year-old class 

AM1 CDL holder in California. They 

have a history of generalized tonicclonic seizures related to epilepsy and 

have been seizure free since March 11, 

2011. They take anti-seizure medication 

with the dosage and frequency 

remaining the same since February 

2013. Their physician states that they 

are supportive of Brandon White 

receiving an exemption. 

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. 2024–27668 Filed 11–25–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0102; FMCSA– 

2014–0104; FMCSA–2014–0384; FMCSA– 

2017–0057; FMCSA–2017–0058; FMCSA– 

2018–0136; FMCSA–2022–0035; FMCSA– 

2022–0037] 

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 13 

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 December 26, 2024. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2014–0102, Docket No. 

FMCSA–2014–0104, Docket No. 

FMCSA–2014–0384, Docket No. 

FMCSA–2017–0057, Docket No. 

FMCSA–2017–0058, Docket No. 

FMCSA–2018–0136, Docket No. 

FMCSA–2022–0035, or Docket No. 

FMCSA–2022–0037 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2014–0102, FMCSA– 

2014–0104, FMCSA–2014–0384, 

FMCSA–2017–0057, FMCSA–2017– 

0058, FMCSA–2018–0136, FMCSA– 

2022–0035, or FMCSA–2022–0037) in 

the keyword box and click ‘‘Search.’’ 

Next, sort the results by ‘‘Posted 

(Newer-Older),’’ 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–2014–0102, 

Docket No. FMCSA–2014–0104, Docket 

No. FMCSA–2014–0384, Docket No. 

FMCSA–2017–0057, Docket No. 

FMCSA–2017–0058, Docket No. 

FMCSA–2018–0136, Docket No. 

FMCSA–2022–0035, or Docket No. 

FMCSA–2022–0037), 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–2014–0102, FMCSA– 

2014–0104, FMCSA–2014–0384, 

FMCSA–2017–0057, FMCSA–2017– 

0058, FMCSA–2018–0136, FMCSA– 

2022–0035, or FMCSA–2022–0037) in 

the keyword box and click ‘‘Search.’’ 

Next, sort the results by ‘‘Posted 

(Newer-Older),’’ 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–2014–0102, FMCSA– 

2014–0104, FMCSA–2014–0384, 

FMCSA–2017–0057, FMCSA–2017– 

0058, FMCSA–2018–0136, FMCSA– 

2022–0035, or FMCSA–2022–0037) 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 93395 

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 13 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 

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 13 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement. The 13 drivers in 

this notice remain in good standing with 

the Agency. In addition, the Agency has 

reviewed each applicant’s certified 

driving record from their State Driver’s 

Licensing Agency (SDLA). The 

information obtained from each 

applicant’s driving record provides the 

Agency with details regarding any 

moving violations or reported crash 

data, which demonstrates whether the 

driver has a safe driving history and is 

an indicator of future driving 

performance. If the driving record 

revealed a crash, FMCSA requested and 

reviewed the related police reports and 

other relevant documents, such as the 

citation and conviction information. 

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 December and are 

discussed below. 

As of December 16, 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: 

Blair Chappell (PA) 

James Dignan (IL) 

Ahmed Gabr (NC) 

Arnold Hatton (DE) 

Peter Mannella (WA) 

Keith Miller (PA) 

Scott Perdue (GA) 

Allen Whitener (TX) 

Eric Woods (MD) 

The drivers were included in docket 

number FMCSA–2014–0102, FMCSA– 

2014–0104, FMCSA–2014–0384, 

FMCSA–2017–0057, FMCSA–2017– 

0058, FMCSA–2018–0136, or FMCSA– 

2022–0035. Their exemptions are 

applicable as of December 16, 2024 and 

will expire on December 16, 2026. 

As of December 22, 2024, and in 

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

31315(b), the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Michael Clark (MD); and Michael 

Piirainen (ME). 

The drivers were included in docket 

number FMCSA–2022–0035. Their 

exemptions are applicable as of 

December 22, 2024 and will expire on 

December 22, 2026. 

As of December 30, 2024, and in 

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

31315(b), the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Saranne Fewel (OK); and Jared Healan 

(CO). 

The drivers were included in docket 

number FMCSA–2022–0037. Their 

exemptions are applicable as of 

December 30, 2024 and will expire on 

December 30, 2026. 

V. Terms and Conditions 

The exemptions are extended subject 

to the following conditions: each driver 

(1) must report to FMCSA any crashes 

as defined in § 390.5T, within 7 days of 

the crash; (2) must report to FMCSA any 

citations and convictions for 

disqualifying offenses under 49 CFR 

parts 383 and 391, within 7 days of the 

citation and conviction; (3) must submit 

to FMCSA annual certified driving 

records from their SDLA; and (4) 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 driver must 

meet all the applicable commercial 

driver’s license 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 


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93396 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 

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 13

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. 2024–27590 Filed 11–25–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2024–0112] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: Under the Paperwork 

Reduction Act of 1995 (PRA) and its 

implementing regulations, FRA seeks 

approval of the Information Collection 

Request (ICR) summarized below. 

Before submitting this ICR to the Office 

of Management and Budget (OMB) for 

approval, FRA is soliciting public 

comment on specific aspects of the 

activities identified in the ICR. 

DATES: Interested persons are invited to 

submit comments on or before January 

27, 2025. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be submitted on regulations.gov 

to the docket, Docket No. FRA–2024– 

0112. All comments received will be 

posted without change to the docket, 

including any personal information 

provided. Please refer to the assigned 

OMB control number (2130–NEW) in 

any correspondence submitted. FRA 

will summarize comments received in a 

subsequent 30-day notice. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Arlette Mussington, Information 

Collection Clearance Officer, at email: 

arlette.mussington@dot.gov or 

telephone: (571) 609–1285 or Ms. 

Joanne Swafford, Information Collection 

Clearance Officer, at email: 

joanne.swafford@dot.gov or telephone: 

(757) 897–9908.

SUPPLEMENTARY INFORMATION: The PRA, 

44 U.S.C. 3501–3520, and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to 

provide 60 days’ notice to the public to 

allow comment on information 

collection activities before seeking OMB 

approval of the activities. See 44 U.S.C. 

3506, 3507; 5 CFR 1320.8 through 

1320.12. Specifically, FRA invites 

interested parties to comment on the 

following ICR regarding: (1) whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

activities will have practical utility; (2) 

the accuracy of FRA’s estimates of the 

burden of the information collection 

activities, including the validity of the 

methodology and assumptions used to 

determine the estimates; (3) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (4) ways for FRA to 

minimize the burden of information 

collection activities on the public, 

including the use of automated 

collection techniques or other forms of 

information technology. See 44 U.S.C. 

3506(c)(2)(A); 5 CFR 1320.8(d)(1). 

FRA believes that soliciting public 

comment may reduce the administrative 

and paperwork burdens associated with 

the collection of information that 

Federal regulations mandate. In 

summary, comments received will 

advance three objectives: (1) reduce 

reporting burdens; (2) organize 

information collection requirements in a 

‘‘user-friendly’’ format to improve the 

use of such information; and (3) 

accurately assess the resources 

expended to retrieve and produce 

information requested. See 44 U.S.C. 

3501. 

The summary below describes the ICR 

that FRA will submit for OMB clearance 

as the PRA requires: 

Title: Class I Railroads Annual 

Excepted Track Inventory. 

OMB Control Number: 2130–NEW. 

Abstract: FRA’s Track Safety 

Standards (TSS; 49 CFR part 213) 

prescribe minimum safety requirements 

for railroad track that is part of the 

general railroad system of 

transportation. The TSS were first 

established in October 1971, following 

the enactment of the Federal Railroad 

Safety Act of 1970 in which Congress 

granted FRA comprehensive authority 

over ‘‘all areas of railroad safety.’’ 49 

U.S.C. 20103. The TSS are an evolving 

set of safety requirements, subject to 

continuous revision, allowing the 

regulations to keep pace with industry 

innovations and agency research and 

development. 

FRA added the excepted track 

provision (§ 213.4) to the TSS in 1982 in 

response to an industry outcry for 

regulatory relief on those rail lines 

producing little or no income. With 

some limitations, § 213.4 permits 

railroads to designate track as 

‘‘excepted’’ from compliance with 

minimum safety requirements for 

roadbed, track geometry, and track 

structure. FRA believed that without 

some relief for low density lines, 

railroads would accelerate abandonment 

of those lines rather than invest their 

slim resources where returns would be 

limited. In 1998, FRA amended § 213.4, 

by adding new safety requirements, after 

FRA and state inspectors found 

instances where railroads had taken 

advantage of the permissive language in 

the 1982 provision to conduct 

operations in a manner not envisioned 

when FRA drafted the provision. At the 

time of those revisions, it was estimated 

there were between 8,000 and 9,000 

miles of excepted track nationwide. 

Over 25 years later, to better 

understand the current condition of rail 

infrastructure in the United States, FRA 

is seeking to compare the current 

amount of excepted track to historic 

levels. FRA is also seeking to better 

understand the extent and manner in 

which the industry is utilizing the 

excepted track provision. Additionally, 

while FRA has not currently found 

systemic misuse of excepted track or 

evidence of significant safety concerns, 

FRA has received complaints alleging 

misuse of § 213.4, and the information 

FRA proposes to collect as part of this 

new ICR will be useful in ensuring that 

the provision continues to be used in a 

safe and effective manner. 

Accordingly, FRA is initiating this 

new ICR to gather excepted track data 

from all Class I freight railroads. 

Specifically, the proposed information 

collection will request that the railroads 

provide FRA with data regarding the 

amount of excepted track currently in 

operation (number of track miles and 

tonnage). The requested data will be 

collected using Excel-based form FRA F 

6180.289 Class I Railroads Annual 

Excepted Track Inventory Reporting. To 

minimize the burden of this ICR, FRA 

is requesting an annual inventory (for 

three years) only of Class I freight 

railroads’ excepted track. FRA believes 

all Class I freight railroads already 

maintain lists of excepted track 

locations and tonnage, so the effort to 


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