Qualification of Drivers; Exemption Applications; Hearing, 722-724 [2024-31758]

Download as PDF 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 Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of renewal of exemptions; request for comments. AGENCY: 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, khammond on DSK9W7S144PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:04 Jan 03, 2025 Jkt 265001 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 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06JAN1.SGM 06JAN1 Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 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. khammond on DSK9W7S144PROD with NOTICES 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 2year 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 VerDate Sep<11>2014 19:04 Jan 03, 2025 Jkt 265001 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) PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 723 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 E:\FR\FM\06JAN1.SGM 06JAN1 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 Maritime Administration, DOT. ACTION: Notice. AGENCY: 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. khammond on DSK9W7S144PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:04 Jan 03, 2025 Jkt 265001 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. ADDRESSES: 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 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[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.

-----------------------------------------------------------------------

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

[[Page 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-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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