Qualification of Drivers; Exemption Applications; Hearing, 75088-75089 [2023-24044]

Download as PDF 75088 Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices (FACA) in accordance with section 23007(d)(1) of the Bipartisan Infrastructure Law (BIL) (Pub. L. 117– 58), which requires the Federal Motor Carrier Safety Administration (FMCSA) to establish WOTAB. WOTAB will review and report on policies that provide education, training, mentorship, and outreach to women in the trucking industry and identify barriers and industry trends that directly or indirectly discourage women from pursuing and retaining careers in trucking. WOTAB operates in accordance with FACA under the terms of the WOTAB charter, filed February 11, 2022. II. Agenda WOTAB will complete its review of the discussion notes from the deliberations concerning Tasks 22–1 through 23–4 and the draft report prepared by its Report Subcommittee. The Report Subcommittee members were designated during the WOTAB’s August 14 meeting for the purpose of compiling information from the discussion notes for the meetings and drafting a report for the full WOTAB to review prior to its submission to the FMCSA Administrator. ddrumheller on DSK120RN23PROD with NOTICES1 III. Public Participation The meeting will be open to the public via virtual platform. Advance registration via the website is required by Monday, November 6. DOT is committed to providing equal access to this meeting for all participants. If you need alternative formats or services due to a disability, such as sign language interpretation or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section by Monday, November 6. Oral comments from the public will be heard during designated comment periods at the discretion of the WOTAB chair and Designated Federal Officer. To accommodate as many speakers as possible, the time for each commenter may be limited. Speakers are requested to submit a written copy of their remarks for inclusion in the meeting records and for circulation to WOTAB members. All prepared remarks submitted on time will be accepted and considered as part of the record. Any member of the public may present a written statement to the committee at any time. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–24067 Filed 10–31–23; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 19:48 Oct 31, 2023 Jkt 262001 DEPARTMENT OF TRANSPORTATION I. Public Participation Federal Motor Carrier Safety Administration A. Submitting Comments [Docket No. FMCSA–2023–0024] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from 11 individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before December 1, 2023. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2023–0024 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2023–0024) in the keyword box and click ‘‘Search.’’ Next, choose the only 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. SUMMARY: PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2023–0024), 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 https://www.regulations.gov/docket/ FMCSA-2023-0024. Next, choose the only 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–2023–0024) in the keyword box and click ‘‘Search.’’ Next, choose the only 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 E:\FR\FM\01NON1.SGM 01NON1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices 75089 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. III. Qualifications of Applicants DEPARTMENT OF TRANSPORTATION Melissa Bartlett Federal Motor Carrier Safety Administration II. Background Jeromy Brand 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 11 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 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. VerDate Sep<11>2014 19:48 Oct 31, 2023 Jkt 262001 Melissa Bartlett, 35, holds a class E driver’s license in Louisiana. [Docket No. FMCSA–2023–0036] Jeromy Brand, 48, holds a class D driver’s license in Alabama. Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Bryan Elzy AGENCY: Bryan Elzy, 48, holds a class E driver’s license in Louisiana. Brian Greco Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. FMCSA announces its decision to exempt 12 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. DATES: The exemptions were applicable on October 22, 2023. The exemptions expire on October 22, 2025. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, 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 or submitting material to the docket, contact Dockets Operations, (202) 366– 9826. SUPPLEMENTARY INFORMATION: SUMMARY: Brian Greco, 36, holds a class A commercial driver’s license in New Mexico. Bradley Hess Bradley Hess, 41, holds a driver’s license in Washington. Tony Jones Tony Jones, 37, holds a class C driver’s license in Texas. Alexander Lindsay Alexander Lindsay, 30, holds a class D driver’s license in Ohio. Francis McBride Francis McBride, 36, holds a class C driver’s license in North Carolina. Ray Perry Ray Perry, 43, holds a class C driver’s license in Texas. Lakeshia Rosbia Lakeshia Rosbia, 25, holds a class D driver’s license in Arkansas. Anthony Scott Anthony Scott, 26, holds a class D driver’s license in Alabama. I. Public Participation IV. Request for Comments To view comments go to www.regulations.gov. Insert the docket number, (FMCSA–2023–0036) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (OlderNewer),’’ 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. 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. 2023–24044 Filed 10–31–23; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 A. Viewing Comments E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 88, Number 210 (Wednesday, November 1, 2023)]
[Notices]
[Pages 75088-75089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24044]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0024]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 11 individuals 
for an exemption from the hearing requirement in the Federal Motor 
Carrier Safety Regulations (FMCSRs) to operate a commercial motor 
vehicle (CMV) in interstate commerce. If granted, the exemptions would 
enable these hard of hearing and deaf individuals to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before December 1, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2023-0024 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2023-0024) in the keyword box and click 
``Search.'' Next, choose the only 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-2023-0024), 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 https://www.regulations.gov/docket/FMCSA-2023-0024. Next, choose the only 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-2023-0024) in the keyword box and click ``Search.'' Next, 
choose the only 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

[[Page 75089]]

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 11 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 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).
    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

Melissa Bartlett

    Melissa Bartlett, 35, holds a class E driver's license in 
Louisiana.

Jeromy Brand

    Jeromy Brand, 48, holds a class D driver's license in Alabama.

Bryan Elzy

    Bryan Elzy, 48, holds a class E driver's license in Louisiana.

Brian Greco

    Brian Greco, 36, holds a class A commercial driver's license in New 
Mexico.

Bradley Hess

    Bradley Hess, 41, holds a driver's license in Washington.

Tony Jones

    Tony Jones, 37, holds a class C driver's license in Texas.

Alexander Lindsay

    Alexander Lindsay, 30, holds a class D driver's license in Ohio.

Francis McBride

    Francis McBride, 36, holds a class C driver's license in North 
Carolina.

Ray Perry

    Ray Perry, 43, holds a class C driver's license in Texas.

Lakeshia Rosbia

    Lakeshia Rosbia, 25, holds a class D driver's license in Arkansas.

Anthony Scott

    Anthony Scott, 26, holds a class D driver's license in Alabama.

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. 2023-24044 Filed 10-31-23; 8:45 am]
BILLING CODE 4910-EX-P

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