Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 56913 

New York Airports District Office at 1 

Aviation Plaza, Room 111, Jamaica, New 

York 11434. 

The Port Authority submitted the 

EWR NEMs, descriptions, and other 

documentation produced during the 

noise compatibility planning study to 

the FAA and the FAA determined that 

the EWR NEMs were in compliance 

with applicable requirements under 14 

CFR 150, effective January 15, 2019 

(Noise Exposure Map Notice for Newark 

Liberty International Airport, Newark, 

New Jersey, volume 84, Federal 

Register, pages 27183–4, June 11, 2019). 

The FAA formally received the NCP 

based on the accepted NEMs for EWR 

on August 8, 2022. The Port Authority 

requested that the FAA review the 

submitted material and that the noise 

mitigation measures, to be implemented 

jointly by the Port Authority and 

surrounding communities, be approved 

as a NCP. The formal review period, 

limited by law to a maximum of 180 

days with the exception of noise 

abatement procedures, was initiated on 

August 19, 2022. Notice of the intent to 

review the NCP was published in the 

Federal Register on August 24, 2022 

(Notice of Receipt and Request for 

Review of Noise Compatibility Program, 

volume 87, Federal Register, page 

52105, August 24, 2022). That Federal 

Register Notice also announced the start 

of a 60-day period of public review for 

the NCP documentation. The FAA 

received no comments from interested 

parties during the public review period. 

The EWR NCP is comprised of actions 

designed for phased implementation by 

Port Authority and adjacent 

jurisdictions within the next one to five 

years. FAA evaluated and approved this 

material as a noise compatibility 

program as described in 49 U.S.C. 

47504. The submitted NCP contained 28 

proposed measures to minimize impacts 

of aviation noise on and off the airport. 

The FAA completed its review and 

determined that the procedural and 

substantive requirements of the 49 

U.S.C. 47504 and 14 CFR part 150 were 

satisfied. A ROA for the overall program 

was issued by the FAA effective 

February 15, 2023 (Approval of Newark 

Liberty International Airport (EWR) 

Noise Compatibility Program, volume 

88, Federal Register, pages 10617–9, 

February 21, 2023). The individual 

determinations for the specific program 

elements from the ROA issued February 

15, 2023 that are the subject of the 

Supplemental ROA were: 

Noise Abatement Measure 2: Continue 

Use of Easterly Departure Headings on 

Runways 4L and 4R—No Action 

Required at This Time. This measure 

relates to flight procedures under title 

49 U.S.C. 47504(b). In accordance with 

14 CFR part 150.35(a), additional 

coordination will be occurring with the 

Air Traffic Organization and a 

Supplemental Record of Approval with 

FAA’s final decision on this proposed 

measure will be issued on or before 

August 14, 2023. 

Noise Abatement Measure 4: 

Determine and Implement Optimal 

Easterly Departure Headings on 

Runways 4L and 4R—No Action 

Required at This Time. This measure 

relates to flight procedures under Title 

49 U.S.C. 47504(b). In accordance with 

14 CFR part 150.35(a), additional 

coordination will be occurring with the 

Air Traffic Organization and a 

Supplemental Record of Approval with 

FAA’s final decision on this proposed 

measure will be issued on or before 

August 14, 2023. 

Noise Abatement Measure 6: 

Encourage Use of FAA-prescribed 

Distant Noise Abatement Departure 

Profile Procedures on a Voluntary 

Basis—Disapproved for Purposes of part 

150. 

Noise Abatement Measure 12: 

Implement Nighttime ‘‘New Jersey 

Turnpike’’ Departure Procedures for 

Runways 22L and 22R—No Action 

Required at This Time. This measure 

relates to flight procedures under Title 

49 U.S.C. 47504(b). In accordance with 

14 CFR part 150.35(a), additional 

coordination will be occurring with the 

Air Traffic Organization and a 

Supplemental Record of Approval with 

FAA’s final decision on this proposed 

measure will be issued on or before 

August 14, 2023. 

Consultation with the FAA’s Air 

Traffic Organization was conducted for 

the three Noise Abatement Measures 

(Measures 2, 4, and 12) identified as 

requiring additional review. The 

Supplemental ROA includes decisions 

on these three measures. Additionally, 

following issuance of the ROA on 

February 15, 2023, the Port Authority 

requested that the FAA revisit the 

decision for Noise Abatement Measure 

6, indicating that the rationale for 

disapproval of the proposed Noise 

Abatement Departure Procedures 

(NADP) originally provided contained 

an error. The ROA stated that 

‘‘Documentation provided in support of 

this measure by the Port Authority did 

not include analysis comparing 

implementation of the measure to the 

accepted EWR NEM, rather it included 

a comparative analysis of 

implementation of potential NADP 1 

and NADP 2 procedures at EWR.’’ After 

review, the FAA determined that this 

was an oversight due to a differing 

approach in analysis used at EWR in 

comparison to that done for the recently 

approved NCP for LaGuardia Airport 

and that the EWR NCP documentation 

did include the required analysis. This 

Supplemental ROA also includes a 

revised decision on this measure. The 

specific program elements within the 

Supplemental ROA and their individual 

determinations are as follows: 

Noise Abatement Measure 2: 

Disapproved. 

Noise Abatement Measure 4: 

Disapproved. 

Noise Abatement Measure 6: 

Encourage Use of FAA-prescribed 

Distant Noise Abatement Departure 

Profile Procedures on a Voluntary 

Basis—Approved as Voluntary. 

Noise Abatement Measure 12: 

Implement Nighttime ‘‘New Jersey 

Turnpike’’ Departure Procedures for 

Runways 22L and 22R—Disapproved. 

These determinations are set forth in 

detail in the Supplemental ROA signed 

by the FAA Airports Eastern Division 

Director on August 14, 2023. The 

Supplemental ROA pertains to the listed 

measures only, and does not change the 

decisions made by the FAA in the ROA 

for the NCP dated February 15, 2023 for 

the measures not contained within the 

Supplemental ROA. The Supplemental 

ROA, as well as other evaluation 

materials and the documents 

comprising the original submittal, are 

available for review at the FAA office 

listed above. The Supplemental ROA 

also will be available on the internet on 

the FAA’s website at http://

www.faa.gov/airports/environmental/ 

airport_noise/part_150/states/ and the 

Port Authority of New York and New 

Jersey’s website at http://

panynjpart150.com/EWR_

documents.asp. 

Issued in Jamaica, NY, on August 16, 2023. 

David A. Fish, 

Director, Airports Division Eastern Region. 

[FR Doc. 2023–17917 Filed 8–18–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0022] 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
56914 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 

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 September 20, 2023. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2023–0022 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2023–0022) 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. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2023–0022), 

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-2023-0022/document. 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–2023–0022) 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 

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 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 

§ 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 

Eric Blount 

Eric Blount, 28, holds a class D 

driver’s license in Arizona. 

Shaun Cannady 

Shaun Cannady, 22, holds a class C 

driver’s license in California. 

Rebecca Haynes 

Rebecca Haynes, 50, holds a class C 

driver’s license in Texas. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 56915 

Kyesha Hemphill 

Kyesha Hemphill, 33, holds a class R 

driver’s license in Mississippi. 

Kayla Lucero 

Kayla Lucero, 31, holds a class D 

driver’s license in New Mexico. 

Alexandra Muller 

Alexandra Muller, 27, holds a class D 

driver’s license in Arizona. 

Glenn Rozier 

Glenn Rozier, 78, holds a class B 

commercial driver’s license (CDL) in 

Georgia. 

Aaron Sanders 

Aaron Sanders, 40, holds a driver’s 

license in Washington. 

Eric Shepeard 

Eric Shepeard, 49, holds a class B 

driver’s license in Delaware. 

Timothy Szabo 

Timothy Szabo, 36, holds a class 

ABCD CDL in Wisconsin. 

Perry Wesberry 

Perry Wesberry, 41, holds a class A 

CDL in Virginia. 

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. 2023–17940 Filed 8–18–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0383; FMCSA– 

2014–0384; FMCSA–2018–0138; FMCSA– 

2021–0014] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 11 

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 were applicable 

on July 30, 2023. The exemptions expire 

on July 30, 2025. 

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. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2014–0383, FMCSA– 

2014–0384, FMCSA–2018–0138, or 

FMCSA–2021–0014) 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. 

B. 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 

On July 10, 2023, FMCSA published 

a notice announcing its decision to 

renew exemptions for 11 individuals 

from the hearing standard in 49 CFR 

391.41(b)(11) to operate a CMV in 

interstate commerce and requested 

comments from the public (88 FR 

43648). The public comment period 

ended on August 9, 2023, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

renewing these exemptions would likely 

achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved by complying 

with § 391.41(b)(11). 

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). 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based upon its evaluation of the 11 

renewal exemption applications and 

comments received, FMCSA announces 

its decision to exempt the following 

drivers from the hearing requirement in 

§ 391.41(b)(11). 

As of July 30, 2023, and in accordance 

with 49 U.S.C. 31136(e) and 31315(b), 

the following 11 individuals have 

satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (88 FR 43649): 

Selwyn Abrahamson, (MN) 

Chris Anderson (TX) 

Thomas Carr (PA) 

Elezar Contreras (IL) 

Michael Hoyt (OR) 

Thomas Lipyanic (FL) 

Jonas Pittman (NC) 

Leroy Raine (AL) 

Troy Rolland (TX) 

Sandy Sloat (TX) 

Richard Whittaker (FL) 

The drivers were included in docket 

numbers FMCSA–2014–0383, FMCSA– 

2014–0384, FMCSA–2018–0138, or 

FMCSA–2021–0014. Their exemptions 

were applicable as of July 30, 2023 and 

will expire on July 30, 2025. 


ddrumheller on DSK120RN23PROD with NOTICES1