Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders; Correction, 23725-23726 [2023-08156]

Download as PDF Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Notices 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–2023–0019) 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 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. ddrumheller on DSK120RN23PROD 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 15 individuals listed in this notice have requested an exemption from the hearing requirement in 49 CFR 391.41(b)(11). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding hearing found in § 391.41(b)(11) states that a person is VerDate Sep<11>2014 18:08 Apr 17, 2023 Jkt 259001 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). On February 1, 2013, FMCSA announced in a Notice of Final Disposition titled, ‘‘Qualification of Drivers; Application for Exemptions; National Association of the Deaf,’’ (78 FR 7479), its decision to grant requests from 40 individuals for exemptions from the Agency’s physical qualification standard concerning hearing for interstate CMV drivers. Since that time the Agency has published additional notices granting requests from hard of hearing and deaf individuals for exemptions from the Agency’s physical qualification standard concerning hearing for interstate CMV drivers. III. Qualifications of Applicants Kishawn Bordeau Kishawn Bordeau, 22, holds a driver’s license in Indiana. Mark Brady Mark Brady, 54, holds a class A commercial drivers license (CDL) in Tennessee. Brice Cunningham Brice Cunningham, 30, holds a class D driver’s license in Ohio. Brett Garner Brett Garner, 51, holds a class C driver’s license in North Carolina. David Gonzalez David Gonzalez, 41, holds a class D driver’s license in Connecticut. Donnie Hall Donnie Hall, 73, holds a class A CDL in North Carolina. Charles Heitzman Charles Heitzman, 58, holds a class A CDL in Ohio. Yisak Jemal Yisak Jemal, 24, holds a class D driver’s license in Arizona. Christopher Jones Christopher Jones, 57, holds a class D driver’s license in Massachusetts. Trent Lint Trent Lint, 23, holds a class D driver’s license in Ohio. Julie Mackie PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 23725 Julie Mackie, 62, holds a class BM CDL in Washington. Robert Maxwell Robert Maxwell, 52, holds a class D driver’s license in Ohio. Zenon Rodriquez Zenon Rodriquez, 27, holds a class D driver’s license in Kentucky. Maria Singleton Maria Singleton, 38, holds a class D driver’s license in South Carolina. Brandon White Brandon White, 32, holds a class D driver’s license in Ohio. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated under the DATES section of the notice. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–08155 Filed 4–17–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2022–0047] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders; Correction Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition; correction. AGENCY: In a notice of final disposition published in the Federal Register on March 21, 2023, FMCSA announced its decision to exempt 15 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce. The notice was inadvertently published indicating the incorrect expiration date of the exemptions granted. This notice corrects that error. DATES: This correction is effective March 21, 2023. SUMMARY: E:\FR\FM\18APN1.SGM 18APN1 23726 Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Notices 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 from 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing materials in the docket, contact Dockets Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: On March 21, 2023, FMCSA published a notice of final disposition (88 FR 17080) with an effective date of March 21, 2023, which FMCSA announced its decision to exempt 15 individuals from the requirement in the FMCSRs that interstate CMV drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking antiseizure medication to operate CMVs in interstate commerce. That notice was inadvertently published indicating the incorrect expiration date of the exemptions granted. Through this notice, FMCSA corrects the March 21, 2023, notice of final disposition by indicating the correct expiration date of the exemptions granted.1 In FR Doc. 2023–05754 appearing on page 17080 in the Federal Register on March 21, 2023, the following correction is made: 1. On page 17080, in the third column, ‘‘The exemptions expire on February 28, 2023.’’ is corrected to read ‘‘The exemptions expire on February 28, 2025.’’ FOR FURTHER INFORMATION CONTACT: Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–08156 Filed 4–17–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration ddrumheller on DSK120RN23PROD with NOTICES1 [Docket No. MARAD–2023–0070] Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: ANGLERS CHOICE (Motor); Invitation for Public Comments Maritime Administration, DOT. ACTION: Notice. The Secretary of Transportation, as represented by the SUMMARY: Jkt 259001 You may submit comments identified by DOT Docket Number MARAD–2023–0070 by any one of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Search MARAD–2023–0070 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–2023–0070, 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. James Mead, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–459, Washington, DC 20590. Telephone 202– 366–5723, Email James.Mead@dot.gov. As described in the application, the intended service of the vessel ANGLERS CHOICE is: SUPPLEMENTARY INFORMATION: 1 The published version of the original notice is included in the docket for this correction. 18:08 Apr 17, 2023 Submit comments on or before May 18, 2023. DATES: FOR FURTHER INFORMATION CONTACT: AGENCY: VerDate Sep<11>2014 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. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 —Intended Commercial Use of Vessel: ‘‘Charter fishing boat/passenger for hire.’’ —Geographic Region Including Base of Operations: ‘‘Florida.’’ (Base of Operations: Key Largo, FL) —Vessel Length and Type: 38′ Motor The complete application is available for review identified in the DOT docket as MARAD 2023–0070 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–2023–0070 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 E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23725-23726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08156]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0047]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders; Correction

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of final disposition; correction.

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SUMMARY: In a notice of final disposition published in the Federal 
Register on March 21, 2023, FMCSA announced its decision to exempt 15 
individuals from the requirement in the Federal Motor Carrier Safety 
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) 
drivers have ``no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause loss of 
consciousness or any loss of ability to control a CMV.'' The exemptions 
enable these individuals who have had one or more seizures and are 
taking anti-seizure medication to operate CMVs in interstate commerce. 
The notice was inadvertently published indicating the incorrect 
expiration date of the exemptions granted. This notice corrects that 
error.

DATES: This correction is effective March 21, 2023.

[[Page 23726]]


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 from 8:30 a.m. to 5 p.m., ET, 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing materials in the docket, contact Dockets Operations, 
(202) 366-9826.

SUPPLEMENTARY INFORMATION: On March 21, 2023, FMCSA published a notice 
of final disposition (88 FR 17080) with an effective date of March 21, 
2023, which FMCSA announced its decision to exempt 15 individuals from 
the requirement in the FMCSRs that interstate CMV drivers have ``no 
established medical history or clinical diagnosis of epilepsy or any 
other condition which is likely to cause loss of consciousness or any 
loss of ability to control a CMV.'' The exemptions enable these 
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce. That notice 
was inadvertently published indicating the incorrect expiration date of 
the exemptions granted. Through this notice, FMCSA corrects the March 
21, 2023, notice of final disposition by indicating the correct 
expiration date of the exemptions granted.\1\
---------------------------------------------------------------------------

    \1\ The published version of the original notice is included in 
the docket for this correction.
---------------------------------------------------------------------------

    In FR Doc. 2023-05754 appearing on page 17080 in the Federal 
Register on March 21, 2023, the following correction is made:
    1. On page 17080, in the third column, ``The exemptions expire on 
February 28, 2023.'' is corrected to read ``The exemptions expire on 
February 28, 2025.''

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-08156 Filed 4-17-23; 8:45 am]
BILLING CODE 4910-EX-P

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