Qualification of Drivers; Exemption Applications; Hearing, 19187-19189 [2023-06595]

Download as PDF Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 While there have been a number of regulatory actions delaying compliance with these requirements, all have been in effect since February 7, 2022. The information collection estimates included in this renewal action are based on actual data from the TPR and from training certification transactions over the past year. Title: Training Certification for EntryLevel Commercial Motor Vehicle Operators. OMB Control Number: 2126–0028. Type of Request: Renewal of a currently-approved ICR. Respondents: Training Providers. Estimated Number of Respondents: 7,774. Estimated Time per Response (average): 0.55 hours. Expiration Date: June 30, 2023. Frequency of Response: All training providers will need to initially register once. Additionally, all registered training providers must update their information at least biennially. They are also required to provide an update if any key information (company name, address, phone number, types of training offered, etc.) changes prior to their biennial update. After an individual driver-trainee completes training administered by a training provider listed on the TPR, that training provider must submit training certification information regarding the driver-trainee to the TPR. Estimated Total Annual Burden: 80,299 hours. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) whether the proposed collection is necessary for the performance of FMCSA’s functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. The Agency will summarize or include your comments in the request for OMB’s clearance of this ICR. Issued under the authority of 49 CFR 1.87. Thomas P. Keane, Associate Administrator, Office of Research and Registration. [FR Doc. 2023–06547 Filed 3–29–23; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 17:22 Mar 29, 2023 Jkt 259001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0124; FMCSA– 2014–0103; FMCSA–2014–0106; FMCSA– 2014–0385; FMCSA–2015–0329; FMCSA– 2016–0002; FMCSA–2017–0058; FMCSA– 2018–0137; FMCSA–2020–0027] 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 12 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: The exemptions are applicable on April 21, 2023. The exemptions expire on April 21, 2025. Comments must be received on or before May 1, 2023. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2013–0124, Docket No. FMCSA–2014–0103, Docket No. FMCSA–2014–0106, Docket No. FMCSA–2014–0385, Docket No. FMCSA–2015–0329, Docket No. FMCSA–2016–0002, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0137, or Docket No. FMCSA–2020–0027 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2013–0124, FMCSA– 2014–0103, FMCSA–2014–0106, FMCSA–2014–0385, FMCSA–2015– 0329, FMCSA–2016–0002, FMCSA– 2017–0058, FMCSA–2018–0137, or FMCSA–2020–0027) 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, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC SUMMARY: PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 19187 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–2013–0124, Docket No. FMCSA–2014–0103, Docket No. FMCSA–2014–0106, Docket No. FMCSA–2014–0385, Docket No. FMCSA–2015–0329, Docket No. FMCSA–2016–0002, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0137, or Docket No. FMCSA–2020–0027), 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–2013–0124, FMCSA– 2014–0103, FMCSA–2014–0106, FMCSA–2014–0385, FMCSA–2015– 0329, FMCSA–2016–0002, FMCSA– 2017–0058, FMCSA–2018–0137, or FMCSA–2020–0027) 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 E:\FR\FM\30MRN1.SGM 30MRN1 19188 Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Notices 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–2013–0124, FMCSA– 2014–0103, FMCSA–2014–0106, FMCSA–2014–0385, FMCSA–2015– 0329, FMCSA–2016–0002, FMCSA– 2017–0058, FMCSA–2018–0137, or FMCSA–2020–0027) 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 in Room W12–140 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. lotter on DSK11XQN23PROD with NOTICES1 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 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 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 VerDate Sep<11>2014 17:22 Mar 29, 2023 Jkt 259001 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 12 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 each exemption for a renewable 2-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 12 applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The 12 drivers in this notice remain in good standing with the Agency. In addition, for commercial driver’s license (CDL) holders, the Commercial Driver’s License Information System and the Motor Carrier Management Information System are searched for crash and violation data. For non-CDL holders, the Agency reviews the driving records from the State Driver’s Licensing Agency. 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 2 years is likely to achieve a level of safety equal to that existing without the exemption. As of April 21, 2023, and in accordance with 49 U.S.C. 31136(e) and PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 31315(b), the following 12 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Maurice Abenchuchan (FL) Ivan Batista (NJ) Prince Bempong (MA) Richard Boggs (OH) Keith Byrd (TN) Perry Cobb (TN) Nathaniel Godfrey (KY) Reynaldo Martinez (TX) Floyd McClain (OH) David Sanders (IL) John Turner (CO) Anthony Witcher (MI) The drivers were included in docket numbers FMCSA–2013–0124, FMCSA– 2014–0103, FMCSA–2014–0106, FMCSA–2014–0385, FMCSA–2015– 0329, FMCSA–2016–0002, FMCSA– 2017–0058, FMCSA–2018–0137, or FMCSA–2020–0027. Their exemptions are applicable as of April 21, 2023 and will expire on April 21, 2025. V. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) each driver must report any crashes or accidents as defined in § 390.5T; and (2) report all citations and convictions for disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3) each driver 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 official. In addition, the exemption does not exempt the individual from meeting the applicable CDL 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 12 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in E:\FR\FM\30MRN1.SGM 30MRN1 Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Notices § 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. DEPARTMENT OF THE TREASURY Agency Information Collection Activities; Submission for OMB Review; Comment Request; Multiple Internal Revenue Service (IRS) Information Collection Requests Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–06595 Filed 3–29–23; 8:45 am] Departmental Offices, Department of the Treasury. ACTION: Notice of information collection, request for comment. AGENCY: BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Internal Revenue Service Internal Revenue Service Advisory Council; Meeting Internal Revenue Service, Department of Treasury. AGENCY: ACTION: Notice of meeting. The Internal Revenue Service Advisory Council will hold a public meeting. SUMMARY: The meeting will be held Wednesday, April 26, 2023. DATES: The meeting will be held via telephone conference line. ADDRESSES: Ms. Anna Brown, Office of National Public Liaison, at 202–317–6564 or send an email to PublicLiaison@irs.gov. FOR FURTHER INFORMATION CONTACT: Notice is hereby given pursuant to 5 U.S.C. 10(a)(2) of the Federal Advisory Committee Act, that a public meeting via conference line of the Internal Revenue Service Advisory Council (IRSAC) will be held on Wednesday, April 26, 2023, to discuss topics that may be recommended for inclusion in a future report of the Council. The meeting will take place at 3:00 p.m. Eastern Time. To confirm your attendance, members of the public may contact Anna Brown at 202–317–6564 or send an email to PublicLiaison@irs.gov. Attendees are encouraged to join at least five minutes before the meeting begins. Should you wish the IRSAC to consider a written statement germane to the Council’s work, please call 202– 317–6564 or email PublicLiaison@ irs.gov. lotter on DSK11XQN23PROD with NOTICES1 SUPPLEMENTARY INFORMATION: Dated: March 24, 2023. John A. Lipold, Designated Federal Official, Office of National Public Liaison, Internal Revenue Service. [FR Doc. 2023–06567 Filed 3–29–23; 8:45 am] BILLING CODE P VerDate Sep<11>2014 19:22 Mar 29, 2023 Jkt 259001 The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The public is invited to submit comments on these requests. DATES: Comments should be received on or before May 1, 2023 to be assured of consideration. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. SUPPLEMENTARY INFORMATION: SUMMARY: Internal Revenue Service (IRS) 1. Title: Application for Reduced Rate of Withholding on Whistleblower Award Payment. OMB Number: 1545–2273. Form Number: 14693. Abstract: The Application for Reduced Rate of Withholding on Whistleblower Award Payment will be used by the whistleblower to apply for a reduction in withholding to minimize the likelihood of the IRS over withholding tax from award payments providing whistleblowers with a preaward payment opportunity to substantiate their relevant attorney fees and court costs. The Whistleblower Office will review and evaluate the form and calculate the rate. Current Actions: There are no changes in the paperwork burden previously approved by OMB. Type of Review: Extension of a currently approved collection. Affected Public: Individuals or households. Estimated Number of Annual Responses: 100. Estimated Time per Response: 45 mins. Estimated Total Annual Burden Hours: 75. PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 19189 2. Title: Country-by-Country Reporting. OMB Number: 1545–2272. Form Number: Form 8975 and Schedule A (Form 8975). Abstract: 26 CFR 1.6038–4, issued under the authority of 26 U.S.C. 6001, 6011, 6012, 6031, 6038, and 7805, requires U.S. persons that are the ultimate parent entity of a U.S. multinational enterprise (U.S. MNE) group with annual revenue for the preceding reporting period of $850 million or more to file Form 8975 with their income tax return. Form 8975 and Schedules A (Form 8975) are used by filers to annually report certain information with respect to the filer’s U.S. MNE group on a country-bycountry basis. The filer must list the U.S. MNE group’s constituent entities, indicating each entity’s tax jurisdiction (if any), country of organization and main business activity, and provide financial and employee information for each tax jurisdiction in which the U.S. MNE does business. The financial information includes revenues, profits, income taxes paid and accrued, stated capital, accumulated earnings, and tangible assets other than cash. Separate Schedules A (Form 8975) are filed for each tax jurisdiction in which a group has one or more constituent entities resident. Current Actions: There is no change to the existing collection previously approved by OMB. However, the total burden has increased due to better estimates. Type of Review: Extension of a currently approved collection. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 2,045. Estimated Number of Responses: 46,790. Estimated Time per Response: 6.41 hours. Estimated Total Annual Burden Hours: 299,822. 3. Title: Election to Expense Certain Depreciable Assets. OMB Number: 1545–2197. Form Number: Form 1097–BTC. Abstract: Form 1097–BTC, Bond Tax Credit, is an information return used by a regulated investment company (RIC) to report tax credit bond credits distributed to shareholders. Shareholders of the RIC include their proportionate share of the interest income attributable to the credits and are allowed to claim the proportionate share of credits on their tax returns. A RIC must report the shareholder’s proportionate share of credits and gross income after the close of the RIC’s tax E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19187-19189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06595]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0124; FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-
2014-0385; FMCSA-2015-0329; FMCSA-2016-0002; FMCSA-2017-0058; FMCSA-
2018-0137; FMCSA-2020-0027]


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 12 
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: The exemptions are applicable on April 21, 2023. The exemptions 
expire on April 21, 2025. Comments must be received on or before May 1, 
2023.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2013-0124, Docket No. FMCSA-2014-
0103, Docket No. FMCSA-2014-0106, Docket No. FMCSA-2014-0385, Docket 
No. FMCSA-2015-0329, Docket No. FMCSA-2016-0002, Docket No. FMCSA-2017-
0058, Docket No. FMCSA-2018-0137, or Docket No. FMCSA-2020-0027 using 
any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2013-0124, FMCSA-2014-0103, FMCSA-2014-
0106, FMCSA-2014-0385, FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-2017-
0058, FMCSA-2018-0137, or FMCSA-2020-0027) 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, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
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-2013-0124, Docket No. FMCSA-2014-0103, Docket 
No. FMCSA-2014-0106, Docket No. FMCSA-2014-0385, Docket No. FMCSA-2015-
0329, Docket No. FMCSA-2016-0002, Docket No. FMCSA-2017-0058, Docket 
No. FMCSA-2018-0137, or Docket No. FMCSA-2020-0027), 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-2013-0124, FMCSA-2014-0103, FMCSA-2014-0106, 
FMCSA-2014-0385, FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-2017-0058, 
FMCSA-2018-0137, or FMCSA-2020-0027) 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

[[Page 19188]]

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-2013-0124, FMCSA-2014-0103, FMCSA-2014-0106, FMCSA-2014-
0385, FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-2017-0058, FMCSA-2018-
0137, or FMCSA-2020-0027) 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 in Room W12-140 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 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 12 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 
each exemption for a renewable 2-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 12 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The 12 drivers in this notice 
remain in good standing with the Agency. In addition, for commercial 
driver's license (CDL) holders, the Commercial Driver's License 
Information System and the Motor Carrier Management Information System 
are searched for crash and violation data. For non-CDL holders, the 
Agency reviews the driving records from the State Driver's Licensing 
Agency. 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 2 years is likely to achieve a 
level of safety equal to that existing without the exemption.
    As of April 21, 2023, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following 12 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

Maurice Abenchuchan (FL)
Ivan Batista (NJ)
Prince Bempong (MA)
Richard Boggs (OH)
Keith Byrd (TN)
Perry Cobb (TN)
Nathaniel Godfrey (KY)
Reynaldo Martinez (TX)
Floyd McClain (OH)
David Sanders (IL)
John Turner (CO)
Anthony Witcher (MI)

    The drivers were included in docket numbers FMCSA-2013-0124, FMCSA-
2014-0103, FMCSA-2014-0106, FMCSA-2014-0385, FMCSA-2015-0329, FMCSA-
2016-0002, FMCSA-2017-0058, FMCSA-2018-0137, or FMCSA-2020-0027. Their 
exemptions are applicable as of April 21, 2023 and will expire on April 
21, 2025.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) each driver must report any crashes or accidents as defined in 
Sec.  390.5T; and (2) report all citations and convictions for 
disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3) 
each driver 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 official. In addition, the 
exemption does not exempt the individual from meeting the applicable 
CDL 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 12 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the hearing 
requirement in

[[Page 19189]]

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. 2023-06595 Filed 3-29-23; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.