91476 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 

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. 2024–26969 Filed 11–18–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0332; FMCSA– 

2014–0104; FMCSA–2014–0387; FMCSA– 

2016–0002; FMCSA–2017–0058; FMCSA– 

2017–0059; FMCSA–2017–0060; FMCSA– 

2017–0061; FMCSA–2018–0135; FMCSA– 

2020–0026; FMCSA–2020–0027; FMCSA– 

2022–0035] 

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 23 

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–2012–0332, FMCSA– 

2014–0104, FMCSA–2014–0387, 

FMCSA–2016–0002, FMCSA–2017– 

0058, FMCSA–2017–0059, FMCSA– 

2017–0060, FMCSA–2017–0061, 

FMCSA–2018–0135, FMCSA–2020– 

0026, FMCSA–2020–0027, or FMCSA– 

2022–0035) 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 September 26, 2024, FMCSA 

published a notice announcing its 

decision to renew exemptions for 23 

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 

78971). The public comment period 

ended on October 28, 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 23 

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 October 3, 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 (89 FR 78971): 

Hagop Balian (IL) 

Mataio Brown (MS) 

Byron Davis (TX) 

Eddie Martinez (TX) 

Donnie McEntire (GA) 

Willie Miller (IA) 

Byron Smith (LA) 

Brandon Soto (MO) 

Michael Tayman (ME) 

The drivers were included in docket 

number FMCSA–2012–0332, FMCSA– 

2014–0104, FMCSA–2014–0387, 

FMCSA–2017–0060, FMCSA–2017– 

0061, FMCSA–2020–0026, FMCSA– 

2020–0027, or FMCSA–2022–0035. 

Their exemptions were applicable as of 

October 3, 2024 and will expire on 

October 3, 2026. 

As of October 13, 2024, and in 

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

31315(b), the following eight 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement in the 

FMCSRs for interstate CMV drivers (89 

FR 78971): 

Cory Adkins (FL) 

Matthew Albrecht (PA) 

Agustin Hernandez (TX) 

Jacquelyn Hetherington (OK) 

Andrew Hippler (ID) 

Jose Ramirez (IL) 

Daniel Stroud (UT) 

Jason Wynne (TX) 

The drivers were included in docket 

number FMCSA–2016–0002, FMCSA– 

2017–0058, FMCSA–2017–0059, 

FMCSA–2017–0061, or FMCSA–2018– 

0135. Their exemptions were applicable 

as of October 13, 2024 and will expire 

on October 13, 2026. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 91477 

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. 

As of October 30, 2024, and in 

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

31315(b), the following six individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Adrian Almanza (IL) 

James Bryan (AR) 

William Heath (NC) 

Marty Posey (IN) 

Anthony Vasquez (TX) 

Daniel Zeolla (PA) 

The drivers were included in docket 

number FMCSA–2020–0027. Their 

exemptions were applicable as of 

October 30, 2024 and will expire on 

October 30, 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. 2024–26971 Filed 11–18–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0294; FMCSA– 

2013–0443; FMCSA–2013–0445;FMCSA– 

2014–0212; FMCSA–2014–0213; FMCSA– 

2015–0321; FMCSA–2018–0051; FMCSA– 

2018–0052; FMCSA–2018–0054; FMCSA– 

2019–0033; FMCSA–2020–0046; 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 15 

individuals from the requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) that interstate 

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 October 21, 2024. The exemptions 

expire on October 21, 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–2012–0294, FMCSA– 

2013–0443, FMCSA–2013–0445, 

FMCSA–2014–0212, FMCSA–2014– 

0213, FMCSA–2015–0321, FMCSA– 

2018–0051, FMCSA–2018–0052, 

FMCSA–2018–0054, FMCSA–2019– 

0033, FMCSA–2020–0046, or FMCSA– 

2022–0044) 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 

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 September 26, 2024, FMCSA 

published a notice announcing its 

decision to renew exemptions for 15 

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 

78973). The public comment period 

ended on October 28, 2024, and one 

comment was 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 one comment in this 

proceeding. The commenter stated that 

while they support the renewal process 

for seizure exemptions, they believe that 

the Federal Seizure Exemption Program 

should include stricter and more 

frequent medical evaluations to ensure 

safety. FMCSA requires that exemption 

holders submit annual reports from 

their treating physicians attesting to the 

stability of their treatment and that they 

have remained seizure-free as well as 

undergo an annual medical examination 

by a certified medical examiner, as 

defined by § 390.5, as conditions of hold 

the exemption. The commenter’s 

statement regarding improvements for 

clearer signage and roadway conditions 

to minimize potentials risks of these 

drivers is outside the scope of this 

notice. 

IV. Conclusion 

Based on its evaluation of the 15 

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). 


ddrumheller on DSK120RN23PROD with NOTICES1