Qualification of Drivers; Exemption Applications; Hearing, 82942-82944 [2023-26045]

Download as PDF 82942 Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) (Authority: 23 U.S.C. 139(l)(1)) Antonio Johnson, Director, Planning and Environment, and Right of Way, Federal Highway Administration, California Division. [FR Doc. 2023–26028 Filed 11–24–23; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans). khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed highway project on State Route 99 at Caldwell Avenue in Tulare County, State of California. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before April 25, 2024. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For Caltrans: Trais Norris, Senior Environmental Planner, Caltrans, 2015 E. Shields Avenue, Fresno, CA 93720, (559) 320–6045 or trais.norris@ dot.ca.gov. SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway Administration (FHWA) assigned, and the California Department of Transportation (Caltrans) assumed, environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that Caltrans has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of California: Construct two roundabouts VerDate Sep<11>2014 17:43 Nov 24, 2023 Jkt 262001 at the southbound ramp and northbound ramp intersections. The profile of the existing Avenue 280 overcrossing structure would be raised, and the Mid-Valley overhead structure would also be replaced. Caldwell Avenue would be widened to a 4-lane configuration at the vicinity of the roundabouts. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Environmental Assessment for the project, approved on June 14, 2019, in the Finding of No Significant Impact (FONSI) issued on June 14, 2019, and in other documents in the project records. The EA, FONSI and other project records are available by contacting Caltrans at the address provided above. The Caltrans EA and FONSI can be viewed and downloaded from the project website at https://dot.ca.gov/ caltrans-near-me/district-6/district-6projects/d6-sr099-caldwell-interchange, or viewed at Caltrans, 2015 Shield Avenue, Fresno, CA, 93726. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. National Environmental Policy Act of 1969 2. Clean Air Act, 42 U.S.C. 7401–7671 3. Endangered Species Act of 1973 (ESA), 16 U.S.C. 1531–1544 4. National Historic Preservation Act of 1966 (NHPA) 5. Clean Water Act, 33 U.S.C. 1251– 1387 (Sections 319, 401, and 404) (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) (Authority: 23 U.S.C. 139(l)(1)) Antonio Johnson, Director of Planning, Environmental and Right of Way, Federal Highway Administration, California Division. [FR Doc. 2023–26023 Filed 11–24–23; 8:45 am] BILLING CODE 4910–RY–P PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0058; FMCSA– 2018–0136; FMCSA–2018–0138; FMCSA– 2018–0139; FMCSA–2019–0109; FMCSA– 2019–0110] 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: 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: The exemptions are applicable on December 26, 2023. The exemptions expire on December 26, 2025. Comments must be received on or before December 27, 2023. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0136, Docket No. FMCSA–2018–0138, Docket No. FMCSA–2018–0139, Docket No. FMCSA–2019–0109, or Docket No. FMCSA–2019–0110 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2017–0058, FMCSA– 2018–0136, FMCSA–2018–0138, FMCSA–2018–0139, FMCSA–2019– 0109, or FMCSA–2019–0110) 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 E:\FR\FM\27NON1.SGM 27NON1 Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices ‘‘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. khammond on DSKJM1Z7X2PROD with NOTICES I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0136, Docket No. FMCSA–2018–0138, Docket No. FMCSA–2018–0139, Docket No. FMCSA–2019–0109, or Docket No. FMCSA–2019–0110) 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–2017–0058, FMCSA– 2018–0136, FMCSA–2018–0138, FMCSA–2018–0139, FMCSA–2019– 0109, or FMCSA–2019–0110) 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–2017–0058, FMCSA– 2018–0136, FMCSA–2018–0138, FMCSA–2018–0139, FMCSA–2019– VerDate Sep<11>2014 17:43 Nov 24, 2023 Jkt 262001 0109, or FMCSA–2019–0110) 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. 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 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 82943 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 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 December and are discussed below. As of December 26, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 16 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Denis Ayers (MD) Joseph Bence (OH) Daryl Broker (MN) Justin Brooks (WA) Christa Butner (NC) E:\FR\FM\27NON1.SGM 27NON1 82944 Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices William Darnell (AZ) Travis Davisson (IA) Steven Gandee (PA) Derek Hawkins (NH) James Johnson (MN) Keith Kenyon (WI) John Martikainen (CT) Willis Ryan (GA) John Silvers (NY) Jeremy Williams (CA) Joseph Williams (MD) exemption will be valid for 2 years unless revoked earlier by FMCSA. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–26045 Filed 11–24–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration The drivers were included in docket numbers FMCSA–2017–0058, FMCSA– 2018–0136, FMCSA–2018–0138, FMCSA–2018–0139, FMCSA–2019– 0109, or FMCSA–2019–0110. Their exemptions are applicable as of December 26, 2023 and will expire on December 26, 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 khammond on DSKJM1Z7X2PROD with NOTICES 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 § 391.41 (b)(11). In accordance with 49 U.S.C. 31136(e) and 31315(b), each VerDate Sep<11>2014 17:43 Nov 24, 2023 Jkt 262001 Notice To Rescind Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Capital Metro Orange Line Project in Austin, Texas Federal Transit Administration (FTA), DOT. ACTION: Rescind notice of intent to prepare an environmental impact statement. AGENCY: SUMMARY: The Federal Transit Administration (FTA), in cooperation with the Capital Metropolitan Transportation Authority (Capital Metro), Austin Transit Partnership (ATP), and the City of Austin (the City), is issuing this notice to advise the public that the Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the proposed Orange Line light rail transit (LRT) project as part of Project Connect in Austin, Texas is rescinded. FOR FURTHER INFORMATION CONTACT: For FTA: Mr. Terence Plaskon, Federal Transit Administration, Region VI, 819 Taylor Street, Fort Worth, TX 76102, at (817) 978–0573 or terence.plaskon@ dot.gov. For Capital Metro: Mr. Jacob Calhoun, Capital Metro, 2910 E. Fifth Street, Austin, TX 78702, at (512) 369– 6501 or jacob.calhoun@capmetro.org. SUPPLEMENTARY INFORMATION: On May 24, 2021 (86 FR 27941), FTA and Capital Metro issued a NOI to prepare an EIS for the Orange Line LRT project. The project is part of Capital Metro’s 2018 Project Connect Long-Term Vision Plan (Project Connect), as amended in 2020. Project Connect presents a regional vision for high-capacity transit investments that would add mobility options for the Central Texas region. The project would have constructed an approximately 20-mile LRT line from the Tech Ridge Park & Ride on the northern end of the corridor, through downtown Austin, to just north of Slaughter Lane on the southern end of the corridor. As planning and preliminary engineering progressed, it became evident that due to higher than projected cost estimates from inflationary pressure, escalating real PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 estate costs, and scope advancement, the approach and phasing for implementation of the LRT system would need to be refined to make the project economically feasible. Therefore, ATP, an independent local government corporation formed by the City and Capital Metro to design, construct, and implement Project Connect, undertook a public planning process to define an economically feasible and expandable LRT system that would meet regional transportation goals and objectives of Project Connect. After a robust community engagement process, on June 6, 2023, a proposed Austin Light Rail Phase 1 project was unanimously approved by Capital Metro, ATP, and the City to advance into the next phase of implementation. This proposed project includes combining segments of the Orange and Blue LRT projects into one LRT project. Based on the foregoing, FTA is rescinding the May 24, 2021, NOI for the Orange Line LRT project. Comments and questions concerning this notice should be directed to FTA at the address provided above. Gail Lyssy, Regional Administrator, FTA Region VI. [FR Doc. 2023–26024 Filed 11–24–23; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Notice To Rescind Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Capital Metro Blue Line Project in Austin, Texas Federal Transit Administration (FTA), DOT. ACTION: Rescind notice of intent to prepare an environmental impact statement. AGENCY: SUMMARY: The Federal Transit Administration (FTA), in cooperation with the Capital Metropolitan Transportation Authority (Capital Metro), Austin Transit Partnership (ATP), and the City of Austin (the City), is issuing this notice to advise the public that the Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the proposed Blue Line light rail transit (LRT) project as part of Project Connect in Austin, Texas is rescinded. FOR FURTHER INFORMATION CONTACT: For FTA: Mr. Terence Plaskon, Federal Transit Administration, Region VI, 819 Taylor Street, Fort Worth, TX 76102, at (817) 978–0573 or terence.plaskon@ dot.gov. For Capital Metro: Mr. Jacob E:\FR\FM\27NON1.SGM 27NON1

Agencies

[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Pages 82942-82944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26045]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0058; FMCSA-2018-0136; FMCSA-2018-0138; FMCSA-
2018-0139; FMCSA-2019-0109; FMCSA-2019-0110]


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: The exemptions are applicable on December 26, 2023. The 
exemptions expire on December 26, 2025. Comments must be received on or 
before December 27, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2017-0058, Docket No. FMCSA-2018-
0136, Docket No. FMCSA-2018-0138, Docket No. FMCSA-2018-0139, Docket 
No. FMCSA-2019-0109, or Docket No. FMCSA-2019-0110 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2017-0058, FMCSA-2018-0136, FMCSA-2018-
0138, FMCSA-2018-0139, FMCSA-2019-0109, or FMCSA-2019-0110) 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

[[Page 82943]]

``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.

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2017-0058, Docket No. FMCSA-2018-0136, Docket 
No. FMCSA-2018-0138, Docket No. FMCSA-2018-0139, Docket No. FMCSA-2019-
0109, or Docket No. FMCSA-2019-0110) 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-2017-0058, FMCSA-2018-0136, FMCSA-2018-0138,
    FMCSA-2018-0139, FMCSA-2019-0109, or FMCSA-2019-0110) 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-2017-0058, FMCSA-2018-0136, FMCSA-2018-0138, FMCSA-2018-
0139, FMCSA-2019-0109, or FMCSA-2019-0110) 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 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 December 
and are discussed below. As of December 26, 2023, and in accordance 
with 49 U.S.C. 31136(e) and 31315(b), the following 16 individuals have 
satisfied the renewal conditions for obtaining an exemption from the 
hearing requirement in the FMCSRs for interstate CMV drivers:

Denis Ayers (MD)
Joseph Bence (OH)
Daryl Broker (MN)
Justin Brooks (WA)
Christa Butner (NC)

[[Page 82944]]

William Darnell (AZ)
Travis Davisson (IA)
Steven Gandee (PA)
Derek Hawkins (NH)
James Johnson (MN)
Keith Kenyon (WI)
John Martikainen (CT)
Willis Ryan (GA)
John Silvers (NY)
Jeremy Williams (CA)
Joseph Williams (MD)

    The drivers were included in docket numbers FMCSA-2017-0058, FMCSA-
2018-0136, FMCSA-2018-0138, FMCSA-2018-0139, FMCSA-2019-0109, or FMCSA-
2019-0110. Their exemptions are applicable as of December 26, 2023 and 
will expire on December 26, 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. 2023-26045 Filed 11-24-23; 8:45 am]
BILLING CODE 4910-EX-P
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