75636 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices 

a history of nocturnal seizures and have 

been seizure free since 2011. They take 

anti-seizure medication with the dosage 

and frequency remaining the same since 

February 2012. Their physician states 

that they are supportive of Eric Garcia 

receiving an exemption. 

Marcel Gore 

Marcel Gore is a 49-year-old class CB 

commercial driver’s license (CDL) 

holder in Delaware. They have a history 

of epilepsy and have been seizure free 

since 2005. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2013. Their physician states that they 

are supportive of Marcel Gore receiving 

an exemption. 

Breanna Kersey-Evans 

Breanna Kersey-Evans is a 29-year-old 

class B CDL holder in Indiana. They 

have a history of generalized seizure 

disorder and have been seizure free 

since October 20, 2014. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2014. Their physician states that they 

are supportive of Breanna Kersey-Evans 

receiving an exemption. 

Hyun Kim 

Hyun Kim is a 59-year-old class D 

license holder in New Jersey. They have 

a history of encephalitis epilepsy and 

have been seizure free since 2014. They 

take anti-seizure medication with the 

dosage and frequency remaining the 

same since 2014. Their physician states 

that they are supportive of Hyun Kim 

receiving an exemption. 

Dylan Kortan 

Dylan Kortan is a 24-year-old class D 

license holder in Minnesota. They have 

a history of epilepsy and have been 

seizure free since 2008. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2015. Their physician states that they 

are supportive of Dylan Kortan receiving 

an exemption. 

Michael Malone 

Michael Malone is a 39-year-old class 

D license holder in Connecticut. They 

have a history of seizure disorder and 

have been seizure free since September 

23, 2015. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2015. Their physician states that they 

are supportive of Michael Malone 

receiving an exemption. 

Joe Delgado-Orozco 

Joe Delgado-Orozco is a 46-year-old 

class C license holder in Illinois. They 

have a history of epilepsy and have been 

seizure free for over 20 years. They take 

anti-seizure medication with the dosage 

and frequency remaining the same since 

2005. Their physician states that they 

are supportive of Joe Delgado-Orozco 

receiving an exemption. 

Vincent Perry 

Vincent Perry is a 40-year-old 

enhanced license holder in Washington. 

They have a history of juvenile 

myoclonic epilepsy and have been 

seizure free since 2011. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2011. Their physician states that they 

are supportive of Vincent Perry 

receiving an exemption. 

Michael Pesino 

Michael Pesino is a 54-year-old class 

B CDL holder in Connecticut. They have 

a history of complex partial epilepsy 

and have been seizure free since June 

30, 2006. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

May 2022. Their physician states that 

they are supportive of Michael Pesino 

receiving an exemption. 

Michael Prichard 

Michael Prichard is a 46-year-old 

class D license holder in Montana. They 

have a history of idiopathic seizure 

disorder and have been seizure free 

since 2014. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2014. Their physician states that they 

are supportive of Michael Prichard 

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. 2024–20932 Filed 9–13–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0013] 

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 11 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 are applicable 

on August 28, 2024. The exemptions 

expire on August 28, 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–2024–0013) in the 

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

sort the results by ‘‘Posted (OlderNewer),’’ 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices 75637 

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 24, 2024, FMCSA published 

a notice announcing receipt of 

applications from 11 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 

59961). The public comment period 

ended on August 23, 2024, and no 

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 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 11 

exemption applications, FMCSA 

exempts the following drivers from the 

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

subject to the requirements cited above: 

Gustavo Aro (NV) 

Amber Bivens (OH) 

Jerry Burleson (AL) 

Trenton Eash (FL) 

Kiser Holiday (CA) 

Camry McCaleb (TX) 

Jeffrey Moore (PA) 

Henry Pauls (WI) 

Jackson Smith (NH) 

Robert Webber (NC) 

Jason Wooten (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. 2024–20927 Filed 9–13–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0109; FMCSA– 

2013–044; FMCSA–2022–0044] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for seven 

individuals from the requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) that interstate 


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