[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13992-13993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05254]
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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 final disposition.
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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.
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. 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,
[[Page 13993]]
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-system-records-notices, the comments are searchable by the name of
the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including the applicant's safety analysis. The Agency must provide an
opportunity for public comment on the request.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved absent such exemption, pursuant to 49 U.S.C. 31315(b)(1. The
Agency must publish its decision in the Federal Register (49 CFR
381.315(b)). If granted, the notice will identify the regulatory
provision from which the applicant will be exempt the effective period,
and all terms and conditions of the exemption (49 CFR 381.315(c)(1)).
If the exemption is denied, the notice will explain the reason for the
denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR
381.300(b)). FMCSA grants medical exemptions from the FMCSRs for a 2-
year period to align with the maximum duration of a driver's medical
certification.
III. Background
On January 6, 2025, FMCSA published a notice announcing its
decision to renew exemptions for 25 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 (90 FR 722). The public
comment period ended on February 5, 2025, 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 Sec. 391.41(b)(11).
The physical qualification standard for drivers regarding hearing
found in Sec. 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).
IV. Discussion of Comments
FMCSA received no comments in this proceeding.
V. Conclusion
Based upon its evaluation of the 25 renewal exemption applications
and comments received, FMCSA announces its decision to exempt the
following drivers from the hearing requirement in Sec. 391.41 (b)(11).
As of January 15, 2025, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 16 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (90 FR 722):
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 (FL)
Willine Smith (MD)
Dalton Taylor (OK)
Kevin Young (AL)
The drivers were included in docket number FMCSA-2012-0154, FMCSA-
2013-0121, FMCSA-2013-0124, FMCSA-2017-0057, FMCSA-2018-0137, FMCSA-
2024-0034, FMCSA-2022-0035, FMCSA-2022-0036, or FMCSA-2022-0037. Their
exemptions were 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 (90 FR 722):
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.
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. 2025-05254 Filed 3-26-25; 8:45 am]
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