81980 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices 

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 10 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 

Ricky Allen 

Ricky Allen, 49, holds a class C 

driver’s license in Oregon. 

Cyle Carter 

Cyle Carter, 35, holds a class D 

driver’s license in Oklahoma. 

Joshua Edwards 

Joshua Edwards, 27, holds a class D 

driver’s license in Alabama. 

Zachary Garner 

Zachary Garner, 33, holds a class F 

driver’s license in Missouri. 

Zachrey Gill 

Zachrey Gill, 27, holds a class E.O. 

driver’s license in Michigan. 

Maher Hamida 

Maher Hamida, 43, holds a class D 

driver’s license in Illinois. 

Ryan Jolly 

Ryan Jolly, 35, holds a class B 

commercial driver’s license (CDL) in 

New York. 

Stetson McBirnie 

Stetson McBirnie, 32, holds a class C 

driver’s license in California. 

David Monterastelli 

David Monterastelli, 56, holds a class 

A CDL in Illinois. 

Kevin Torppey 

Kevin Torppey, 54, holds a class D 

driver’s license in New York. 

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. 2024–23357 Filed 10–8–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0122; FMCSA– 

2013–0124; FMCSA–2014–0106; FMCSA– 

2014–0387; FMCSA–2015–0326; FMCSA– 

2015–0328; FMCSA–2016–0002; FMCSA– 

2017–0059; FMCSA–2017–0060; FMCSA– 

2020–0026; FMCSA–2022–0033; FMCSA– 

2022–0034] 

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 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. 

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. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2013–0122, FMCSA– 

2013–0124, FMCSA–2014–0106, 

FMCSA–2014–0387, FMCSA–2015– 

0326, FMCSA–2015–0328, FMCSA– 

2016–0002, FMCSA–2017–0059, 

FMCSA–2017–0060, FMCSA–2020– 

0026, FMCSA–2022–0033, or FMCSA– 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices 81981 

2022–0034) 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 

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 August 30, 2024, FMCSA 

published a notice announcing its 

decision to renew exemptions for 15 

individuals from the hearing standard in 

49 CFR 391.41(b)(11) to operate a CMV 

in interstate commerce and requested 

comments from the public (89 FR 

70682). The public comment period 

ended on September 30, 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)(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. Conclusion 

Based upon its evaluation of the 15 

renewal exemption applications and 

comments received, FMCSA announces 

its decision to exempt the following 

drivers from the hearing requirement in 

§ 391.41 (b)(11). 

As of September 6, 2024, and in 

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

31315(b), the following 14 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (89 FR 70682). 

Weston Arthurs (CA) 

Jerritt Boehle (IL) 

Barry Carpenter (SD) 

Michael Cover (MI) 

Lyle Eash (VA) 

Richard Hoots (AR) 

Sean Jackson (AZ) 

Michael McCarthy (MN) 

Marcel Paul (WA) 

Kelly Pulvermacher (WI) 

D’Nielle Smith (OH) 

Michael Sweet (GA) 

Darren Talley (NC) 

Carlos Torres (FL) 

The drivers were included in docket 

number FMCSA–2013–0122, FMCSA– 

2013–0124, FMCSA–2014–0106, 

FMCSA–2014–0387, FMCSA–2015– 

0326, FMCSA–2015–0328, FMCSA– 

2016–0002, FMCSA–2017–0059, 

FMCSA–2017–0060, FMCSA–2022– 

0033, or FMCSA–2022–0034. Their 

exemptions are applicable as of 

September 6, 2024 and will expire on 

September 6, 2026. 

As of September 14, 2024, and in 

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

31315(b), Jonathan Kelly (TX) has 

satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (89 FR 70682). 

This driver was included in docket 

number FMCSA–2020–0026. Their 

exemption is applicable as of September 

14, 2024 and will expire on September 

14, 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, 49 

U.S.C. chapter 313, or the FMCSRs. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–23360 Filed 10–8–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0014] 

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 are applicable 

October 5, 2024. The exemptions expire 

on October 5, 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–2024–0014) 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 


khammond on DSKJM1Z7X2PROD with NOTICES