60732 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Aviation Rulemaking Advisory 

Committee; Meeting 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Aviation Rulemaking 

Advisory Committee (ARAC) meeting. 

SUMMARY: This notice announces a 

meeting of the ARAC. 

DATES: The meeting will be held on 

Thursday, September 21, 2023, from 

1:00 p.m. to 4:00 p.m. Eastern Time. 

Requests to attend the meeting must 

be received by Tuesday, September 12, 

2023. 

Requests for accommodations to a 

disability must be received by Tuesday, 

September 12, 2023. 

Requests to submit written materials 

to be reviewed during the meeting must 

be received no later than Tuesday, 

September 12, 2023. 

ADDRESSES: The meeting will be held at 

the Federal Aviation Administration, 

800 Independence Avenue SW, 

Washington, DC 20591, and virtually on 

Zoom. However, if the FAA is unable to 

hold the meeting in person due to 

circumstances outside of its control, the 

FAA will hold a virtual meeting and 

notify registrants with the meeting 

details and post any updates on the 

FAA Committee website. Members of 

the public who wish to observe the 

meeting must RSVP by emailing 9-awaarac@faa.gov. General committee 

information including copies of the 

meeting minutes will be available on the 

FAA Committee website at https://

www.faa.gov/regulations_policies/ 

rulemaking/committees/documents/. 

FOR FURTHER INFORMATION CONTACT: 

Lakisha Pearson, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591, 

telephone (202) 267–4191; email 9-awaarac@faa.gov. Any committee-related 

request should be sent to the person 

listed in this section. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The ARAC was created under the 

Federal Advisory Committee Act 

(FACA), in accordance with Title 5 of 

the United States Code (5 U.S.C. App. 

2) to provide advice and 

recommendations to the FAA 

concerning rulemaking activities, such 

as aircraft operations, airman and air 

agency certification, airworthiness 

standards and certification, airports, 

maintenance, noise, and training. 

II. Agenda 

At the meeting, the agenda will cover 

the following topics: 

• Status Updates: 

Æ Active Working Groups 

Æ Transport Airplane and Engine (TAE) 

Subcommittee 

• Recommendation Reports 

• Status Report from the FAA 

• Any Other Business 

Detailed agenda information will be 

posted on the FAA Committee website 

address listed in the ADDRESSES section 

at least one week in advance of the 

meeting. 

III. Public Participation 

The meeting will be open to the 

public for virtual or in person 

attendance on a first-come, first served 

basis, as space is limited. Please confirm 

your attendance with the person listed 

in the FOR FURTHER INFORMATION

CONTACT section and provide the 

following information: full legal name, 

country of citizenship, and name of 

your industry association or applicable 

affiliation. Please indicate if you plan to 

observe the meeting in-person or 

virtually. When registration is 

confirmed, FAA will email registrants to 

provide meeting access information in a 

timely manner prior to the meeting. 

The U.S. Department of 

Transportation is committed to 

providing equal access to this meeting 

for all participants. If you need 

alternative formats or services because 

of a disability, such as sign language, 

interpretation, or other ancillary aids, 

please contact the person listed in the 

FOR FURTHER INFORMATION CONTACT

section. 

The FAA is not accepting oral 

presentations at this meeting due to 

time constraints. Any member of the 

public may present a written statement 

to the committee at any time. The public 

may present written statements to 

ARAC by providing a copy to the 

Designated Federal Officer via the email 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Issued in Washington, DC, on August 29, 

2023. 

Brandon Roberts, 

Executive Director, Office of Rulemaking. 

[FR Doc. 2023–19048 Filed 9–1–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0107; FMCSA– 

2014–0385; FMCSA–2014–0386; FMCSA– 

2021–0014; FMCSA–2018–0135; FMCSA– 

2018–0138] 

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 eight 

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 September 12, 2023. The exemptions 

expire on September 12, 2025. 

Comments must be received on or 

before October 5, 2023. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2014–0107, Docket No. 

FMCSA–2014–0385, Docket No. 

FMCSA–2014–0386, Docket No. 

FMCSA–2021–0014, Docket No. 

FMCSA–2018–0135, or Docket No. 

FMCSA–2018–0138 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2014–0107, FMCSA– 

2014–0385, FMCSA–2014–0386, 

FMCSA–2021–0014, FMCSA–2018– 

0135, or FMCSA–2018–0138) 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 60733 

‘‘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–2014–0107, 

Docket No. FMCSA–2014–0385, Docket 

No. 

FMCSA–2014–0386, Docket No. 

FMCSA–2021–0014, Docket No. 

FMCSA–2018–0135, or Docket No. 

FMCSA–2018–0138), indicate the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online or by fax, 

mail, or hand delivery, but please use 

only one of these means. FMCSA 

recommends that you include your 

name and a mailing address, an email 

address, or a phone number in the body 

of your document so that FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2014–0107, FMCSA– 

2014–0385, FMCSA–2014–0386, 

FMCSA–2021–0014, FMCSA–2018– 

0135, or FMCSA–2018–0138) in the 

keyword box and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

click the ‘‘Comment’’ button, and type 

your comment into the text box on the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. FMCSA will consider 

all comments and material received 

during the comment period. 

B. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2014–0107, FMCSA– 

2014–0385, FMCSA–2014–0386, 

FMCSA–2021–0014, FMCSA–2018– 

0135, or FMCSA–2018–0138) 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 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 eight 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 eight 

applicants has satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement. The eight 

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. 

As of September 12, 2023, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following eight 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement in the 

FMCSRs for interstate CMV drivers: 

Daniel Alcozer (IL) 

Courtney Bertling (OR) 

Mark Howard (NY) 

David Jakubowski (CA) 

Jay Larson (TX) 

Tia Matthews (TX) 

Eduwin Pineiro (TX) 


ddrumheller on DSK120RN23PROD with NOTICES1
60734 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 

Jason Swearington (TX) 

The drivers were included in docket 

numbers FMCSA–2014–0107, FMCSA– 

2014–0385, FMCSA–2014–0386, 

FMCSA–2021–0014, FMCSA–2018– 

0135, or FMCSA–2018–0138. Their 

exemptions are applicable as of 

September 12, 2023 and will expire on 

September 12, 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 

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 eight 

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. 2023–18993 Filed 9–1–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0050; FMCSA– 

2014–0381; FMCSA–2015–0119; FMCSA– 

2019–0028; FMCSA–2019–0031] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

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 six 

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 

continue to operate CMVs in interstate 

commerce. 

DATES: The exemptions are applicable 

on September 30, 2023. The exemptions 

expire on September 30, 2025. 

Comments must be received on or 

before October 5, 2023. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2012–0050, Docket No. 

FMCSA–2014–0381, Docket No. 

FMCSA–2015–0119, Docket No. 

FMCSA–2019–0028, or Docket No. 

FMCSA–2019–0031 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2012–0050, FMCSA– 

2014–0381, FMCSA–2015–0119, 

FMCSA–2019–0028, or FMCSA–2019– 

0031) 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 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: 

I. Public Participation 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2012–0050, 

Docket No. FMCSA–2014–0381, Docket 

No. FMCSA–2015–0119, Docket No. 

FMCSA–2019–0028, or Docket No. 

FMCSA–2019–0031), 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–2012–0050, FMCSA– 

2014–0381, FMCSA–2015–0119, 

FMCSA–2019–0028, or FMCSA–2019– 

0031) 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. 


ddrumheller on DSK120RN23PROD with NOTICES1