75638 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices 

1These criteria may be found in APPENDIX A TO 

PART 391—MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, 

and 5, which is available on the internet at https:// 

www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ 

CFR-2015-title49-vol5-part391-appA.pdf. 

commercial motor vehicle (CMV) 

drivers have ‘‘no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause loss of consciousness or any 

loss of ability to control a CMV.’’ The 

exemptions enable these individuals 

who have had one or more seizures and 

are taking anti-seizure medication to 

continue to operate CMVs in interstate 

commerce. 

DATES: The exemptions were applicable 

on August 31, 2024. The exemptions 

expire on August 31, 2026. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA, DOT, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, (202) 366–4001, 

fmcsamedical@dot.gov. Office hours are 

from 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 

www.regulations.gov. Insert the docket 

number (FMCSA–2013–0109, FMCSA– 

2013–044, or FMCSA–2022–0044) 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. 

B. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. 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 

On August 7, 2024, FMCSA published 

a notice announcing its decision to 

renew exemptions for seven individuals 

from the epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8) to 

operate a CMV in interstate commerce 

and requested comments from the 

public (89 FR 64532). The public 

comment period ended on September 6, 

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 § 391.41(b)(8). 

The physical qualification standard 

for drivers regarding epilepsy found in 

§ 391.41(b)(8) states that a person is 

physically qualified to drive a CMV if 

that person has no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause the loss of consciousness or any 

loss of ability to control a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist medical examiners in determining 

whether drivers with certain medical 

conditions are qualified to operate a 

CMV in interstate commerce. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based on its evaluation of the seven 

renewal exemption applications and 

comments received, FMCSA announces 

its decision to exempt the following 

drivers from the epilepsy and seizure 

disorders prohibition in § 391.41(b)(8). 

As of August 31, 2024, and in 

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

31315(b), the following seven 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers (89 FR 64532): 

Cody Baker (IN) 

David P. Crowe (VA) 

Michael Curtis Gibson (SC) 

Raymond Lobo (NJ) 

Alexis Roldan (IL) 

William Smith (NC) 

Yoon Song (CA) 

The drivers were included in docket 

number FMCSA–2013–0109, FMCSA– 

2013–044, or FMCSA–2022–0044. Their 

exemptions were applicable as of 

August 31, 2024 and will expire on 

August 31, 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(e) and 

31315(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–20929 Filed 9–13–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0012] 

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 exempt 10 individuals from 

the hearing requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. The exemptions enable these 

hard of hearing and deaf individuals to 

operate CMVs in interstate commerce. 

DATES: The exemptions were applicable 

August 13, 2024. The exemptions expire 

August 13, 2026. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA, DOT, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, (202) 366–4001, 

fmcsamedical@dot.gov. Office hours are 

from 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 

www.regulations.gov. Insert the docket 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices 75639 

number (FMCSA–2024–0012) in the 

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

sort the results by ‘‘Posted (Older— 

Newer),’’ 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 in 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 

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 

On July 9, 2024, FMCSA published a 

notice announcing receipt of 

applications from 10 individuals 

requesting an exemption from the 

hearing requirement in 49 CFR 

391.41(b)(11) to operate a CMV in 

interstate commerce and requested 

comments from the public (89 FR 

54672). The public comment period 

ended on August 8, 2024, and three 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting exemptions to these 

individuals would likely achieve a level 

of safety that is equivalent to, or greater 

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 three comments in 

this proceeding. Two of the commenters 

stated that they support FMCSA in 

granting exemptions for individuals 

who are hard of hearing and deaf. 

However, one of these two commenters 

also stated that they do not believe 

drivers who hold the exemption should 

have to renew the hearing exemption 

after a monitoring period, if the driver 

abides by the standard rules, 

regulations, and wears their appropriate 

hearing aids. The third commenter 

disagrees with FMCSA’s decision to 

grant the exemptions indicating that it 

is safety risk to not be able to hear and 

operate a CMV. 

In response to these comments, the 

Agency acknowledges the concerns 

regarding the requirement for an 

exemption holder to renew their 

exemption every two years. However, 

the Federal hearing exemption may be 

granted not only to individuals who are 

hard of hearing utilizing hearing aids 

but also individuals who are deaf and 

may not use hearing aids. Although 

under 49 U.S.C. 31136(e) and 31315(b), 

FMCSA is able to grant a medical 

exemption for no longer than a 5-yearperiod, they Agency grants medical 

exemptions for a 2-year period to be 

aligned with the maximum duration of 

a driver’s medical certification. In 

addition, FMCSA found that the drivers 

granted hearing exemptions have 

demonstrated that they do not pose a 

risk to public safety based on an 

individual assessment of each 

applicant’s prior experience operating 

motor vehicles on public roads. The 

Agency considered applicants prior 

driving experience as a factor in 

determining whether an equal or greater 

level of safety would likely be achieved 

by permitting them to drive in interstate 

commerce. 

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 


lotter on DSK11XQN23PROD with NOTICES1
75640 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices 

1 Johnson Policy Associates, Inc. 

2Automotive Oil Change Association, Auto Care 

Association, Service Station Dealers Association & 

Allied Trades, and Automotive Service Association. 

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 10 

exemption applications, FMCSA 

exempts the following drivers from the 

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

subject to the requirements cited above: 

Carl Afroilan (MD) 

Kevin Camper (IN) 

Anthony Cline (OH) 

Dwain Coppernoll (OR) 

Adrian Crutchfield (MO) 

Jonathan Hornberger (MI) 

Scott Prewara (MN) 

Gregory Rosa (NY) 

Barney Toussaint (GA) 

Terrell Williams (OH) 

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. 2024–20930 Filed 9–13–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2024–0059] 

Denial of Motor Vehicle Defect Petition, 

DP22–003 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Denial of a petition for a defect 

investigation. 

SUMMARY: This notice sets forth the 

reasons for the denial of a defect 

petition (DP22–003) jointly submitted 

by a consulting firm and four 

automotive associations requesting that 

the Agency initiate a safety defect 

investigation into the loss of motive 

power incidents attributed to oil drain 

pan assembly failures on certain 

Hyundai Motor America, Inc. and Kia 

America, Inc. vehicles spanning Model 

Years (MY) 2005–2021. After 

conducting a technical review of the 

petition and other information, 

NHTSA’s Office of Defects Investigation 

has concluded that the issues raised by 

the petition do not warrant a defect 

investigation at this time. Accordingly, 

the Agency has denied the petition. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Teitelman, Vehicle Defect 

Division C, Office of Defects 

Investigation, NHTSA, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

Telephone: (202) 366–3243. Email: 

joseph.teitelman@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

Interested persons may petition 

NHTSA requesting that the Agency 

initiate an investigation to determine 

whether a motor vehicle or an item of 

replacement equipment does not 

comply with an applicable motor 

vehicle safety standard or contains a 

defect that relates to motor vehicle 

safety. 49 U.S.C. 30162(a)(2); 49 CFR 

552.1. Upon receipt of a properly filed 

petition, the Agency conducts a 

technical review of the petition, 

material submitted with the petition, 

and any additional information. 49 

U.S.C. 30162(a)(2); 49 CFR 552.6. The 

technical review may consist solely of a 

review of information already in the 

possession of the Agency or it may 

include the collection of information 

from a motor vehicle manufacturer and/ 

or other sources. After conducting the 

technical review and considering 

appropriate factors, which may include, 

but are not limited to, the nature of the 

complaint, allocation of Agency 

resources, Agency priorities, the 

likelihood of uncovering sufficient 

evidence to establish the existence of a 

defect, and the likelihood of success in 

any necessary enforcement litigation, 

the Agency will grant or deny the 

petition. See 49 U.S.C. 30162(a)(2); 49 

CFR 552.8. 

Background Information 

On September 12, 2022, the Office of 

Defects Investigation (ODI) opened a 

Defect Petition (DP22–003) to evaluate 

the petition, which was jointly 

submitted by a consulting firm 1 and 

four automotive associations 2

(collectively, the ‘‘Petitioners’’) to 

NHTSA (the ‘‘Agency’’) on July 13, 

2022. The Petitioners requested that 

NHTSA initiate a safety defect 

investigation into the oil drain pan 

assemblies of multiple Hyundai and Kia 

vehicles. The following Hyundai and 

Kia vehicles were referenced in the 

petition, representing an estimated 

combined population of more than 7.5 

million vehicles and 83 total model/ 

model year vehicles: 2006–2019 

Hyundai Sonata, 2013–2018 Hyundai 

Santa Fe Sport, 2010–2012 and 2019– 

2020 Hyundai Santa Fe, 2010–2015 and 

2018–2019 Hyundai Tucson, 2011–2021 

Kia Sportage, 2005–2020 Kia Optima, 

2011–2020 Kia Sorento, 2010–2013 Kia 

Forte, 2010–2013 Kia Forte Coup, and 

2007–2010 Kia Rondo. The Petitioners 

submitted four supplemental letters to 

the Agency on January 31, 2023, March 

21, 2023, May 23, 2023, and August 4, 

2023. NHTSA’s technical review of the 

petition included a review of the 

material cited by the Petitioners, 

consumer complaint information in 

NHTSA’s databases, and related dealer 

communications. 

Summary of Petition 

The Petitioners assert that the subject 

vehicles manufactured by Hyundai 

Motor America, Inc. (‘‘Hyundai’’) and 

Kia America, Inc. (collectively, ‘‘H/K’’) 

are equipped with oil drain pan 

assemblies that ‘‘have experienced 

unprecedented allegations of midinterval plug-outs thousands of miles 

after service without malfunction 

indicator lights or the leakage associated 

with under-tightening an oil drain plug, 

or a plug or pan with damaged threads.’’ 

Additionally, the Petitioners allege that 

the defective oil pan assemblies are 

causing engines to seize and experience 

a loss of motive power while being 

operated, often at highway speeds. The 

specific failure mode detailed in the 

petition is the engine oil drain plug 

‘‘backing out’’ while the vehicle is being 

operated following an oil change. The 

‘‘backing out’’ of the drain plug results 

in the sudden and rapid draining of 

engine oil, thereby leading to loss of 

motive power. The Petitioners assert 

that the oil drain plug gaskets are 

‘‘paint-camouflaged’’ and ‘‘fused to 

either the plug or pan.’’ It is alleged that 

when the oil of the subject vehicles is 

being changed, there is an increased 

likelihood of failing to remove the 

existing drain plug gasket before 

applying a new one, an act commonly 

referred to as either double-gasketing or 

stacking gaskets. The Petitioners 

indicate that the absence of necessary 

technical information for changing oil in 

H/K vehicles’ owner’s manuals 


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