Qualification of Drivers; Exemption Applications; Hearing, 69677-69679 [2023-22321]

Download as PDF Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Notices Authority No. 523 of December 22, 2021. SURFACE TRANSPORTATION BOARD [Docket No. FD 35754 (Sub-No. 1)] Nicole L. Elkon, Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2023–22308 Filed 10–5–23; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice: 12198] Notice of Determinations; Culturally Significant Object Being Imported for Exhibition—Determinations: Exhibition of ‘‘Moses and His Ethiopian Wife’’ Object Notice is hereby given of the following determinations: I hereby determine that a certain object being imported from abroad pursuant to an agreement with its foreign owner or custodian for temporary exhibition or display at The Walters Art Museum, Baltimore, Maryland, and at possible additional exhibitions or venues yet to be determined, is of cultural significance, and, further, that its temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Reed Liriano, Program Coordinator, Office of the Legal Adviser, U.S. Department of State (telephone: 202– 632–6471; email: section2459@ state.gov). The mailing address is U.S. Department of State, L/PD, 2200 C Street NW (SA–5), Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: Nicole L. Elkon, Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2023–22253 Filed 10–5–23; 8:45 am] BILLING CODE 4710–05–P VerDate Sep<11>2014 17:00 Oct 05, 2023 Jkt 262001 RSL Railroad, LLC—Amended Lease and Operation Exemption Containing Interchange Commitment—Line of Norfolk Southern Railway Company RSL Railroad, LLC (RSL), a Class III rail carrier, has filed a verified notice of exemption pursuant to 49 CFR 1150.41 to continue to lease and operate 1.4 miles of rail line, known as the South Massillon IT, between milepost MT 0.0 and milepost MT 1.4 at Massillon, Ohio (the Line). According to the verified notice, RSL was authorized to operate the Line in 2013 pursuant to a lease agreement with Norfolk Southern Railway Company (NSR) (Lease Agreement), which provided for a fixed lease rental payment. See RSL R.R.—Lease & Operation Exemption—Line of Norfolk S. Ry., FD 35754 (STB served Aug. 23, 2013). RSL and NSR amended the lease in 2015 (First Amendment), which modified the lease rental provisions of the Lease Agreement to permit RSL to receive a lease credit against its fixed rental payment for each revenue carload it interchanges with NSR on the Line. See RSL R.R.—Lease Exemption Containing Interchange Commitment— Norfolk S. Ry., FD 35990 (STB served Jan. 28, 2016). At NSR’s request, the parties have agreed to a second amendment (Second Amendment) that extends the lease and increases the lease rental provisions of the Lease Agreement.1 According to the verified notice, RSL will continue to provide all common carrier rail operations over the Line. All other terms and conditions of the Lease Agreement remain in full force and effect. RSL certifies that its projected annual revenues as a result of the transaction will not result in the creation of a Class II or Class I rail carrier and will not exceed $5 million. The transaction may be consummated on or after October 20, 2023, the effective date of the exemption (30 days after the verified notice was filed). If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not 1 RSL has filed the Second Amendment under seal pursuant to 49 CFR 1150.43(h)(1)(ii). By motion filed on September 20, 2023, RSL requests that the Board enter a protective order to protect the commercially sensitive information contained in the Second Amendment. However, under 1150.43(h)(1), this information will be kept confidential without the need for a protective order. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 69677 automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than October 13, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 35754 (Sub-No. 1), must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on RSL’s representative, Terry A. Moore, Esq., Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., 4775 Munson Street NW, Canton, Ohio 44718. According to RSL, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: October 2, 2023. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2023–22284 Filed 10–5–23; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA–2014–0387; FMCSA–2018–0138; FMCSA–2018–0139; FMCSA–2019–0109; FMCSA–2021–0014; FMCSA–2021–0015] 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 16 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 November 6, 2023. SUMMARY: E:\FR\FM\06OCN1.SGM 06OCN1 69678 Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Notices You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2014–0387, Docket No. FMCSA–2018–0138, Docket No. FMCSA–2018–0139, Docket No. FMCSA–2019–0109, Docket No. FMCSA–2021–0014, or Docket No. FMCSA–2021–0015 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2014–0387, FMCSA– 2018–0138, FMCSA–2018–0139, FMCSA–2019–0109, FMCSA–2021– 0014, or FMCSA–2021–0015) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ 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: ADDRESSES: lotter on DSK11XQN23PROD with NOTICES1 I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2014–0387, Docket No. FMCSA–2018–0138, Docket No. FMCSA–2018–0139, Docket No. FMCSA–2019–0109, Docket No. FMCSA–2021–0014, or Docket No. FMCSA–2021–0015), 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, VerDate Sep<11>2014 17:00 Oct 05, 2023 Jkt 262001 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–2014–0387, FMCSA– 2018–0138, FMCSA–2018–0139, FMCSA–2019–0109, FMCSA–2021– 0014, or FMCSA–2021–0015) 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–2014–0387, FMCSA– 2018–0138, FMCSA–2018–0139, FMCSA–2019–0109, FMCSA–2021– 0014, or FMCSA–2021–0015) 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 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. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 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 16 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 16 applicants has satisfied the renewal conditions for E:\FR\FM\06OCN1.SGM 06OCN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Notices obtaining an exemption from the hearing requirement. The 16 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. In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of October and are discussed below. As of October 1, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following five individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Azulita-Jane Camacho (CA) Robert Culp (FL) Charles Davis (AL) Christopher Fisher (WA) John Price (TX) The drivers were included in docket number FMCSA–2018–0139. Their exemptions are applicable as of October 1, 2023 and will expire on October 1, 2025. As of October 8, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following five individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Judith Badore (VT) Dareous Glover (IL) Delroy Hunt (FL) John Norman (IL) Kyle Voss (WI) The drivers were included in docket number FMCSA–2021–0015. Their exemptions are applicable as of October 8, 2023 and will expire on October 8, 2025. As of October 10, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following two individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Kurt Bernabei (IL); and Steven Robelia (TN). VerDate Sep<11>2014 17:00 Oct 05, 2023 Jkt 262001 The drivers were included in docket number FMCSA–2019–0109. Their exemptions are applicable as of October 10, 2023 and will expire on October 10, 2025. As of October 22, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following four individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Richard Carter (MD) Clinton Homon (IL) Pete Kujawa (WI) Jonathan Muhm (KY) The drivers were included in docket numbers FMCSA–2014–0387, FMCSA– 2018–0138, and FMCSA–2021–0014. Their exemptions are applicable as of October 22, 2023 and will expire on October 22, 2025. 69679 exemption will be valid for 2 years unless revoked earlier by FMCSA. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–22321 Filed 10–5–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Agency Information Collection: Activity Under OMB Review; Electric Vehicle Inventory and Use Survey (eVIUS) Bureau of Transportation Statistics (BTS), Office of the Assistant Secretary for Research and Technology (OST–R), DOT. ACTION: Notice and request for comments. AGENCY: 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. In accordance with the requirements of the Paperwork Reduction Act of 1995, this notice announces the intention of the Bureau of Transportation Statistics (BTS) to request the Office of Management and Budget’s (OMB) approval of a new information collection related to the nation’s battery electric vehicles (BEVs) and plug-in hybrid electric vehicles (PHEVs)—collectively referred to electric vehicles (EVs). The information collected will be used to produce national statistics on the characteristics and uses of EVs as well as the charging patterns and preferences related to EVs. A summary report of survey findings will also be published by BTS on the BTS web page: www.bts.gov. DATES: Comments must be submitted on or before November 2, 2023. FOR FURTHER INFORMATION CONTACT: Jina Mahmoudi, VIUS/eVIUS Program Manager, (800) 853–1351, eVIUS@ dot.gov, BTS, OST–R, Department of Transportation, 1200 New Jersey Ave. SE, Room E34–471, Washington, DC 20590. Office hours are from 8:00 a.m. to 5:30 p.m., E.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: Electric Vehicle Inventory and Use Survey (eVIUS) Type of Request: Approval for a new information collection Affected Public: Registered owners of battery electric vehicles (BEVs) and plug-in hybrid electric vehicles (PHEVs) VII. Conclusion Background Based upon its evaluation of the 16 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 As the pace of electric vehicles’ adoption and use increases on the nation’s roadways, the US Department of Transportation (US DOT)’s Bureau of Transportation Statistics (BTS) is planning to conduct the first national- 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 SUMMARY: E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69677-69679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22321]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA-2014-0387; FMCSA-2018-0138; FMCSA-2018-0139; FMCSA-2019-0109; 
FMCSA-2021-0014; FMCSA-2021-0015]


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 16 
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 November 6, 2023.

[[Page 69678]]


ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2014-0387, Docket No. FMCSA-2018-
0138, Docket No. FMCSA-2018-0139, Docket No. FMCSA-2019-0109, Docket 
No. FMCSA-2021-0014, or Docket No. FMCSA-2021-0015 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2014-0387, FMCSA-2018-0138, FMCSA-2018-
0139, FMCSA-2019-0109, FMCSA-2021-0014, or FMCSA-2021-0015) 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-2014-0387, Docket No. FMCSA-2018-0138, Docket 
No. FMCSA-2018-0139, Docket No. FMCSA-2019-0109, Docket No. FMCSA-2021-
0014, or Docket No. FMCSA-2021-0015), 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-2014-0387, FMCSA-2018-0138, FMCSA-2018-0139, 
FMCSA-2019-0109, FMCSA-2021-0014, or FMCSA-2021-0015) 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-2014-0387, FMCSA-2018-0138, FMCSA-2018-0139, FMCSA-2019-
0109, FMCSA-2021-0014, or FMCSA-2021-0015) 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 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 16 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 16 
applicants has satisfied the renewal conditions for

[[Page 69679]]

obtaining an exemption from the hearing requirement. The 16 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.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of October 
and are discussed below. As of October 1, 2023, and in accordance with 
49 U.S.C. 31136(e) and 31315(b), the following five individuals have 
satisfied the renewal conditions for obtaining an exemption from the 
hearing requirement in the FMCSRs for interstate CMV drivers:

Azulita-Jane Camacho (CA)
Robert Culp (FL)
Charles Davis (AL)
Christopher Fisher (WA)
John Price (TX)

    The drivers were included in docket number FMCSA-2018-0139. Their 
exemptions are applicable as of October 1, 2023 and will expire on 
October 1, 2025.
    As of October 8, 2023, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following five individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

Judith Badore (VT)
Dareous Glover (IL)
Delroy Hunt (FL)
John Norman (IL)
Kyle Voss (WI)

    The drivers were included in docket number FMCSA-2021-0015. Their 
exemptions are applicable as of October 8, 2023 and will expire on 
October 8, 2025.
    As of October 10, 2023, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following two individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:
    Kurt Bernabei (IL); and Steven Robelia (TN).
    The drivers were included in docket number FMCSA-2019-0109. Their 
exemptions are applicable as of October 10, 2023 and will expire on 
October 10, 2025.
    As of October 22, 2023, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following four individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

Richard Carter (MD)
Clinton Homon (IL)
Pete Kujawa (WI)
Jonathan Muhm (KY)

    The drivers were included in docket numbers FMCSA-2014-0387, FMCSA-
2018-0138, and FMCSA-2021-0014. Their exemptions are applicable as of 
October 22, 2023 and will expire on October 22, 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 16 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. 2023-22321 Filed 10-5-23; 8:45 am]
BILLING CODE 4910-EX-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.