15256 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 

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 nine 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 nine 

applicants has satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement. The nine 

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 March and are discussed 

below. 

As of March 4, 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: 

Charles Armand (TX) 

Baldemar Barba (TX) 

Jeremy Descloux (WA) 

Edward Larizza (CA) 

Rage Muse (MN) 

Michael Paul (IL) 

Jodyann Nipper (IA) 

William Rivas (CA) 

Kenneth Salts (OH) 

The drivers were included in docket 

number FMCSA–2019–0111 or 

FMCSA–2021–0017. Their 

exemptions are applicable as of March 

4, 2024 and will expire on March 4, 

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 nine 

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. 2024–04337 Filed 2–29–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0008] 

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. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 15257 

SUMMARY: FMCSA announces receipt of 

applications from 16 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 April 1, 2024. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2024–0008 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2024–0008) 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–2024–0008), 

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-2024-0008. 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–2024–0008) 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 16 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 

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 

Cesar Anicama 

Cesar Anicama, 43, holds a class D 

driver’s license in New York. 

Dalton Atkinson 

Dalton Atkinson, 23, holds a class C 

driver’s license in Texas. 

Carl Bordeaux 

Carl Bordeaux, 40, holds a class D 

driver’s license in South Carolina. 


ddrumheller on DSK120RN23PROD with NOTICES1
15258 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices 

Jose Gutierrez 

Jose Gutierrez, 39, holds a class C 

driver’s license in Maryland. 

Francisco Kelly 

Francisco Kelly, 46, holds a class D 

driver’s license in Virginia. 

Joseph Latino 

Joseph Latino, 24, holds a class E 

driver’s license in Louisiana. 

Brian Levinson 

Brian Levinson, 56, holds a class E 

driver’s license in Florida. 

Dre Lowes 

Dre Lowes, 26, holds a class C driver’s 

license in Maryland. 

Vonseth Ngethsum 

Vonseth Ngethsum, 32, holds a class 

A commercial driver’s license (CDL) in 

Florida. 

Henry Peralta 

Henry Peralta, 31, holds a class C 

driver’s license in Texas. 

Naren Ramnauth 

Naren Ramnauth, 47, holds a class C 

driver’s license in California. 

Karl Sabate 

Karl Sabate, 36, holds a class CM1 

driver’s license in California. 

Terrell Sumers 

Terrell Sumers, 36, holds a class E 

driver’s license in Louisiana. 

Mark Thronson 

Mark Thronson, 34, holds a class C 

driver’s license in California. 

Rodrigues Tilley 

Rodrigues Tilley, 35, holds a class D 

driver’s license in Alabama. 

Gerald Wright 

Gerald Wright, 54, holds a class DA 

CDL in Kentucky. 

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. 2024–04336 Filed 2–29–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0244] 

Hours of Service; Arbert Ibraimi; 

Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that it has 

received an application from Arbert 

Ibraimi to be exempt from the 

requirement that drivers of commercial 

motor vehicles (CMVs) use an electronic 

logging device (ELD) to record their 

hours of service (HOS). The applicant 

requests to use paper logs instead of an 

ELD for 12 months and asserts that 

because he is a new business operating 

as an owner-operator he cannot afford 

an ELD. FMCSA requests public 

comment on the applicant’s request for 

exemption. 

DATES: Comments must be received on 

or before April 1, 2024. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2023–0244 by any of the 

following methods: 

• Federal eRulemaking Portal:

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Dockets Operations, U.S.

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251.

Each submission must include the

Agency name and the docket number 

(FMCSA–2023–0244) for this notice. 

Note that DOT posts all comments 

received without change to 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time on the ground level of the West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC, 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.

Privacy Act: In accordance with 49 

U.S.C. 31315(b), DOT solicits comments 

from the public to better inform its 

exemption process. DOT posts these 

comments, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice DOT/ALL– 

14 FDMS, which can be reviewed under 

the ‘‘Department Wide System of 

Records Notices’’ link at https://

www.transportation.gov/individuals/ 

privacy/privacy-act-system-recordsnotices. The comments are posted 

without edit and are searchable by the 

name of the submitter. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Bernadette Walker, Driver and Carrier 

Operations Division; Office of Carrier, 

Driver and Vehicle Safety Standards, 

FMCSA; (202) 385–2415; 

Bernadette.walker@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for

Comments

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2021–0244), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 

recommendations. 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 the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov and put the docket 

number ‘‘FMCSA–2023–0244’’ 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 


ddrumheller on DSK120RN23PROD with NOTICES1