Qualification of Drivers; Exemption Applications; Hearing, 433-435 [2023-28888]
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
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.
III. Qualifications of Applicants
Crystal Anderson-Grose
Crystal Anderson-Grose, 41, holds a
class D driver’s license in
Massachusetts.
Ricardo Cabrera
Ricardo Cabrera, 40, holds a class E
driver’s license in Florida.
ddrumheller on DSK120RN23PROD with NOTICES1
Elexis Fernandez Quian
Elexis Fernandez Quian, 30, holds a
class A commercial driver’s license
(CDL) in Florida.
Joshua Grant
Joshua Grant, 51, holds a class A CDL
in Maine.
Kennard Johnson
Kennard Johnson, 51, holds a class A
CDL in Illinois.
18:32 Jan 02, 2024
Jkt 262001
Barbara Nacarelli, 52, holds a class O
driver’s license in Nebraska.
Bridgette Nielson
Bridgette Nielson, 40, holds a class D
driver’s license in Utah.
Darrious Smith
Darrious Smith, 31, holds a class C
driver’s license in Texas.
Steven Warren
Steven Warren, 35, holds a class D
driver’s license in Arizona.
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. 2023–28886 Filed 1–2–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0122;
FMCSA–2013–0123; FMCSA–2015–0326;
FMCSA–2015–0329; FMCSA–2016–0003;
FMCSA–2017–0058; FMCSA–2019–0111;
FMCSA–2020–0024; 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 February 2, 2024.
ADDRESSES: You may submit comments
identified by the Federal Docket
SUMMARY:
Cody DeVries
Cody DeVries, 19, holds a class C
driver’s license in Texas.
VerDate Sep<11>2014
Barbara Nacarelli
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
433
Management System Docket No.
FMCSA–2013–0122, Docket No.
FMCSA–2013–0123, Docket No.
FMCSA–2015–0326, Docket No.
FMCSA–2015–0329, Docket No.
FMCSA–2016–0003, Docket No.
FMCSA–2017–0058, Docket No.
FMCSA–2019–0111, Docket No.
FMCSA–2020–0024, 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–2013–0122, FMCSA–
2013–0123, FMCSA–2015–0326,
FMCSA–2015–0329, FMCSA–2016–
0003, FMCSA–2017–0058, FMCSA–
2019–0111, FMCSA–2020–0024, 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, fmcsamedical@dot.gov. Office
hours are 8:30 a.m. to 5 p.m. ET Monday
through Friday, except Federal holidays.
If you have questions regarding viewing
or submitting material to the docket,
contact Dockets Operations, (202) 366–
9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2013–0122,
Docket No. FMCSA–2013–0123, Docket
No. FMCSA–2015–0326, Docket No.
FMCSA–2015–0329, Docket No.
FMCSA–2016–0003, Docket No.
FMCSA–2017–0058, Docket No.
FMCSA–2019–0111, Docket No.
FMCSA–2020–0024, or Docket No.
FMCSA–2021–0015), indicate the
E:\FR\FM\03JAN1.SGM
03JAN1
434
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so that FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov/, insert the docket
number (FMCSA–2013–0122, FMCSA–
2013–0123, FMCSA–2015–0326,
FMCSA–2015–0329, FMCSA–2016–
0003, FMCSA–2017–0058, FMCSA–
2019–0111, FMCSA–2020–0024, 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 81⁄2 by
11 inches, suitable for copying and
electronic filing. FMCSA will consider
all comments and material received
during the comment period.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2013–0122, FMCSA–
2013–0123, FMCSA–2015–0326,
FMCSA–2015–0329, FMCSA–2016–
0003, FMCSA–2017–0058, FMCSA–
2019–0111, FMCSA–2020–0024, 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
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
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
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
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
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 January and are discussed
below. As of January 6, 2024, 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:
Steven Andrews (FL)
John Brown (MN)
Jerry Doose (MN)
Donald Howton (AL)
The drivers were included in docket
numbers FMCSA–2015–0326,
FMCSA–2015–0329, or FMCSA–
2017–0058. Their exemptions are
applicable as of January 6, 2024 and will
expire on January 6, 2026.
As of January 8, 2024, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following three
individuals have satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in the
FMCSRs for interstate CMV drivers:
Matthew Burgoyne (MN)
Joshua Gelona (OK)
Eduardo Pedregal (TX)
The drivers were included in docket
number FMCSA–2016–0003. Their
exemptions are applicable as of January
8, 2024 and will expire on January 8,
2026.
As of January 14, 2024, and in
accordance with 49 U.S.C. 31136(e) and
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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:
Geoffrey Canoyer (MN)
Chase Cooke (VA)
Douglas Gray (OR)
Sue Gregory (UT)
The drivers were included in docket
numbers FMCSA–2013–0122, FMCSA–
2013–0123, or FMCSA–2017–0058.
Their exemptions are applicable as of
January 14, 2024 and will expire on
January 14, 2026.
As of January 21, 2024, 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:
Mario Alvarado (CA)
Kevin Clickner (MI)
Herman Fleck (PA)
Matthew Honkanen (MN)
Michael Steffen (IN)
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
The drivers were included in docket
numbers FMCSA–2017–0058, FMCSA–
2019–0111, FMCSA–2020–0024, or
FMCSA–2021–0015. Their exemptions
are applicable as of January 21, 2024
and will expire on January 21, 2026.
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
PO 00000
Frm 00117
Fmt 4703
Sfmt 9990
435
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
§ 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. 2023–28888 Filed 1–2–24; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 433-435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28888]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-2015-0326; FMCSA-
2015-0329; FMCSA-2016-0003; FMCSA-2017-0058; FMCSA-2019-0111; FMCSA-
2020-0024; 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 February 2, 2024.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2013-0122, Docket No. FMCSA-2013-
0123, Docket No. FMCSA-2015-0326, Docket No. FMCSA-2015-0329, Docket
No. FMCSA-2016-0003, Docket No. FMCSA-2017-0058, Docket No. FMCSA-2019-
0111, Docket No. FMCSA-2020-0024, 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-2013-0122, FMCSA-2013-0123, FMCSA-2015-
0326, FMCSA-2015-0329, FMCSA-2016-0003, FMCSA-2017-0058, FMCSA-2019-
0111, FMCSA-2020-0024, 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-2013-0122, Docket No. FMCSA-2013-0123, Docket
No. FMCSA-2015-0326, Docket No. FMCSA-2015-0329, Docket No. FMCSA-2016-
0003, Docket No. FMCSA-2017-0058, Docket No. FMCSA-2019-0111, Docket
No. FMCSA-2020-0024, or Docket No. FMCSA-2021-0015), indicate the
[[Page 434]]
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery,
but please use only one of these means. FMCSA recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so that FMCSA can contact you if
there are questions regarding your submission.
To submit your comment online, go to www.regulations.gov/, insert
the docket number (FMCSA-2013-0122, FMCSA-2013-0123, FMCSA-2015-0326,
FMCSA-2015-0329, FMCSA-2016-0003, FMCSA-2017-0058, FMCSA-2019-0111,
FMCSA-2020-0024, 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-2013-0122, FMCSA-2013-0123, FMCSA-2015-0326, FMCSA-2015-
0329, FMCSA-2016-0003, FMCSA-2017-0058, FMCSA-2019-0111, FMCSA-2020-
0024, 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 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 January
and are discussed below. As of January 6, 2024, 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:
Steven Andrews (FL)
John Brown (MN)
Jerry Doose (MN)
Donald Howton (AL)
The drivers were included in docket numbers FMCSA-2015-0326,
FMCSA-2015-0329, or FMCSA-2017-0058. Their exemptions are
applicable as of January 6, 2024 and will expire on January 6, 2026.
As of January 8, 2024, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the hearing
requirement in the FMCSRs for interstate CMV drivers:
Matthew Burgoyne (MN)
Joshua Gelona (OK)
Eduardo Pedregal (TX)
The drivers were included in docket number FMCSA-2016-0003. Their
exemptions are applicable as of January 8, 2024 and will expire on
January 8, 2026.
As of January 14, 2024, and in accordance with 49 U.S.C. 31136(e)
and
[[Page 435]]
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:
Geoffrey Canoyer (MN)
Chase Cooke (VA)
Douglas Gray (OR)
Sue Gregory (UT)
The drivers were included in docket numbers FMCSA-2013-0122, FMCSA-
2013-0123, or FMCSA-2017-0058. Their exemptions are applicable as of
January 14, 2024 and will expire on January 14, 2026.
As of January 21, 2024, 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:
Mario Alvarado (CA)
Kevin Clickner (MI)
Herman Fleck (PA)
Matthew Honkanen (MN)
Michael Steffen (IN)
The drivers were included in docket numbers FMCSA-2017-0058, FMCSA-
2019-0111, FMCSA-2020-0024, or FMCSA-2021-0015. Their exemptions are
applicable as of January 21, 2024 and will expire on January 21, 2026.
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. 2023-28888 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-EX-P
