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[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 722-724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31758]

[[Page 722]]

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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.

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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, 
[email protected]. 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 (Newer-Older),'' 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 8\1/2\ 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 (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.

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

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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-system-records-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 Sec.  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 Sec.  
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

[[Page 724]]

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 Sec.  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
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