722 Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0154; FMCSA– 

2013–0121; FMCSA–2013–0124; FMCSA– 

2014–0384; FMCSA–2014–0386; FMCSA– 

2015–0328; FMCSA–2016–0002; FMCSA– 

2017–0057; FMCSA–2018–0135; FMCSA– 

2018–0137; FMCSA–2020–0028; FMCSA– 

2022–0034; FMCSA–2022–0035; FMCSA– 

2022–0036; FMCSA–2022–0037; FMCSA– 

2022–0038] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 25 

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. Comments must be received on 

or before February 5, 2025. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2012–0154, Docket No. 

FMCSA–2013–0121, Docket No. 

FMCSA–2013–0124, Docket No. 

FMCSA–2014–0384, Docket No. 

FMCSA–2014–0386, Docket No. 

FMCSA–2015–0328, Docket No. 

FMCSA–2016–0002, Docket No. 

FMCSA–2017–0057, Docket No. 

FMCSA–2018–0135, Docket No. 

FMCSA–2018–0137, Docket No. 

FMCSA–2020–0028, Docket No. 

FMCSA–2022–0034; Docket No. 

FMCSA–2022–0035, Docket No. 

FMCSA–2022–0036, Docket No. 

FMCSA–2022–0037, or Docket No. 

FMCSA–2022–0038 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2012–0154, FMCSA– 

2013–0121, FMCSA–2013–0124, 

FMCSA–2014–0384, FMCSA–2014– 

0386, FMCSA–2015–0328, FMCSA– 

2016–0002, FMCSA–2017–0057, 

FMCSA–2018–0135, FMCSA–2018– 

0137, FMCSA–2020–0028, FMCSA– 

2022–0034, FMCSA–2022–0035, 

FMCSA–2022–0036, FMCSA–2022– 

0037, or FMCSA–2022–0038). 

• In the keyword box and click 

‘‘Search.’’ Next, sort the results by 

‘‘Posted (Newer-Older),’’ choose the first 

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–2012–0154, 

Docket No. FMCSA–2013–0121, Docket 

No. FMCSA–2013–0124, Docket No. 

FMCSA–2014–0384, Docket No. 

FMCSA–2014–0386, Docket No. 

FMCSA–2015–0328, Docket No. 

FMCSA–2016–0002, Docket No. 

FMCSA–2017–0057, Docket No. 

FMCSA–2018–0135, Docket No. 

FMCSA–2018–0137, Docket No. 

FMCSA–2020–0028, Docket No. 

FMCSA–2022–0034, Docket No. 

FMCSA–2022–0035, Docket No. 

FMCSA–2022–0036, Docket No. 

FMCSA–2022–0037, or Docket No. 

FMCSA–2022–0038), 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 

www.regulations.gov/, insert the docket 

number (FMCSA–2012–0154, FMCSA– 

2013–0121, FMCSA–2013–0124, 

FMCSA–2014–0384, FMCSA–2014– 

0386, FMCSA–2015–0328, FMCSA– 

2016–0002, FMCSA–2017–0057, 

FMCSA–2018–0135, FMCSA–2018– 

0137, FMCSA–2020–0028, FMCSA– 

2022–0034, FMCSA–2022–0035, 

FMCSA–2022–0036, FMCSA–2022– 

0037, or FMCSA–2022–0038) 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 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–2012–0154, FMCSA– 

2013–0121, FMCSA–2013–0124, 

FMCSA–2014–0384, FMCSA–2014– 

0386, FMCSA–2015–0328, FMCSA– 

2016–0002, FMCSA–2017–0057, 

FMCSA–2018–0135, FMCSA–2018– 

0137, FMCSA–2020–0028, FMCSA– 

2022–0034, FMCSA–2022–0035, 

FMCSA–2022–0036, FMCSA–2022– 

0037, or FMCSA–2022–0038) 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. 

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 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 723 

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 25 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 24 individuals’ 

exemption for a renewable 2-year period 

and one individual’s exemption for a 

renewable 1-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 25 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement. The 25 drivers in 

this notice remain in good standing with 

the Agency. In addition, the Agency has 

reviewed each applicant’s certified 

driving record from their State Driver’s 

Licensing Agency (SDLA). The 

information obtained from each 

applicant’s driving record provides the 

Agency with details regarding any 

moving violations or reported crash 

data, which demonstrates whether the 

driver has a safe driving history and is 

an indicator of future driving 

performance. If the driving record 

revealed a crash, FMCSA requested and 

reviewed the related police reports and 

other relevant documents, such as the 

citation and conviction information. 

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 

at most 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 January and are discussed 

below. 

As of January 15, 2025, and in 

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

31315(b), Kevin Young has satisfied the 

renewal conditions for obtaining an 

exemption from the hearing requirement 

in the FMCSRs for interstate CMV 

drivers. 

The driver was included in docket 

number FMCSA–2022–0034. Their 

exemption is applicable as of January 

15, 2025 and will expire on January 15, 

2026. 

As of January 15, 2025, and in 

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

31315(b), the following 15 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Michael Arwood (TN) 

David Chappelear (TX) 

Jan Epitacio (CA) 

Jerry Jones (TX) 

Justin Kilgore (FL) 

Robert Knapp (MD) 

James Laughrey (KS) 

Kathy Miller (IA) 

Mayur Motiwale (ME) 

Sarah Nickell (IN) 

Lesley O’Rorke (IL) 

Gerson Ramirez (MT) 

Fernando Ramirez-Savon 

Willine Smith (MD) 

Dalton Taylor (OK) 

The drivers were included in docket 

number FMCSA–2012–0154, FMCSA– 

2013–0121, FMCSA–2013–0124, 

FMCSA–2017–0057, FMCSA–2018– 

0137, FMCSA–2022–0035, FMCSA– 

2022–0036, or FMCSA–2022–0037. 

Their exemptions are applicable as of 

January 15, 2025 and will expire on 

January 15, 2027. 

As of January 22, 2025, 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: 

Hassan Abdi (MN) 

Jeffrey Daniel (NV) 

Jaymes Haar (IA) 

Andrew Hatch (IA) 

Marckenzie Loriston (FL) 

Carlos Sotelo Sanchez (CA) 

The drivers were included in docket 

number FMCSA–2015–0328 or FMCSA– 

2020–0028. Their exemptions are 

applicable as of January 22, 2025 and 

will expire on January 22, 2027. 

As of January 30, 2025, and in 

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

31315(b), the following three 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement in the 

FMCSRs for interstate CMV drivers: 

Allen Carrasco (CA); Matthew 

Kaschalk (TN); and Erica Muhm (KY). 

The drivers were included in docket 

number FMCSA–2022–0038. Their 

exemptions are applicable as of January 

30, 2025 and will expire on January 30, 

2027. 

V. Terms and Conditions 

The exemptions are extended subject 

to the following conditions: each driver 

(1) must report to FMCSA any crashes 

as defined in § 390.5T, within 7 days of 

the crash; (2) must report to FMCSA any 

citations and convictions for 

disqualifying offenses under 49 CFR 

parts 383 and 391, within 7 days of the 

citation and conviction; (3) must submit 

to FMCSA annual certified driving 

records from their SDLA; and (4) 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 


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724 Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 

official. In addition, the driver must 

meet all the applicable commercial 

driver’s license 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 25 

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. 2024–31758 Filed 1–3–25; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2024–0163] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: Open Seas (Motor); Invitation 

for Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

February 5, 2025. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2024–0163 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Search 

MARAD–2024–0163 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is U.S. Department of 

Transportation, MARAD–2024–0163, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except on 

Federal holidays. 

Note: If you mail or hand-deliver your 

comments, we recommend that you include 

your name and a mailing address, an email 

address, or a telephone number in the body 

of your document so that we can contact you 

if we have questions regarding your 

submission. 

Instructions: All submissions received 

must include the agency name and 

specific docket number. All comments 

received will be posted without change 

to the docket at www.regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments, or to submit 

comments that are confidential in 

nature, see the section entitled Public 

Participation. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Hagerty, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–461, 

Washington, DC 20590. Telephone: 

(202) 366–0903. Email: 

patricia.hagerty@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel Open Seas 

is: 

Intended Commercial Use of Vessel: 

Requester intends to offer passenger 

fishing charters. 

Geographic Region Including Base of 

Operations: Western Alaska. Base of 

Operations: Soldotna, Alaska. 

Vessel Length and Type: 28′ Motor. 

The complete application is available 

for review identified in the DOT docket 

as MARAD 2024–0163 at https://

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the employment of the vessel 

in the coastwise trade to carry no more 

than 12 passengers will have an unduly 

adverse effect on a U.S.-vessel builder or 

a business that uses U.S.-flag vessels in 

that business, MARAD will not issue an 

approval of the vessel’s coastwise 

endorsement eligibility. Comments 

should refer to the vessel name, state the 

commenter’s interest in the application, 

and address the eligibility criteria given 

in section 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Public Participation 

How do I submit comments? 

Please submit your comments, 

including the attachments, following the 

instructions provided under the above 

heading entitled ADDRESSES. Be advised 

that it may take a few hours or even 

days for your comment to be reflected 

on the docket. In addition, your 

comments must be written in English. 

We encourage you to provide concise 

comments and you may attach 

additional documents as necessary. 

There is no limit on the length of the 

attachments. 

Where do I go to read public comments, 

and find supporting information? 

Go to the docket online at https://

www.regulations.gov, keyword search 

MARAD–2024–0163 or visit the Docket 

Management Facility (see ADDRESSES for 

hours of operation). We recommend that 

you periodically check the Docket for 

new submissions and supporting 

material. 

Will my comments be made available to 

the public? 

Yes. Be aware that your entire 

comment, including your personal 

identifying information, will be made 

publicly available. 

May I submit comments confidentially? 

If you wish to submit comments 

under a claim of confidentiality, you 

should submit the information you 

claim to be confidential commercial 

information by email to SmallVessels@

dot.gov. Include in the email subject 

heading ‘‘Contains Confidential 

Commercial Information’’ or ‘‘Contains 

CCI’’ and state in your submission, with 

specificity, the basis for any such 

confidential claim highlighting or 

denoting the CCI portions. If possible, 

please provide a summary of your 

submission that can be made available 

to the public. 

In the event MARAD receives a 

Freedom of Information Act (FOIA) 

request for the information, procedures 

described in the Department’s FOIA 

regulation at 49 CFR 7.29 will be 

followed. Only information that is 


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