Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices 62883 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2023–0037) 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. 

B. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. 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 

FMCSA received applications from 32 

individuals who requested an 

exemption from the FMCSRs 

prohibiting persons with a clinical 

diagnosis of epilepsy or any other 

condition that is likely to cause a loss 

of consciousness or any loss of ability to 

operate a CMV from operating CMVs in 

interstate commerce. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(8). 

III. Basis for Exemption Determination 

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 

statute also allows 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 Agency’s decision 

regarding these exemption applications 

is based on the eligibility criteria, the 

terms and conditions for Federal 

exemptions, and an individualized 

assessment of each applicant’s medical 

information provided by the applicant. 

IV. Conclusion 

The Agency has determined that these 

applicants do not satisfy the eligibility 

criteria or meet the terms and 

conditions of the Federal exemption and 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(8). 

Therefore, the 32 applicants in this 

notice have been denied exemptions 

from the physical qualification 

standards in § 391.41(b)(8). 

Each applicant has, prior to this 

notice, received a letter of final 

disposition regarding his/her exemption 

request. Those decision letters fully 

outlined the basis for the denial and 

constitute final action by the Agency. 

This notice summarizes the Agency’s 

recent denials as required under 49 

U.S.C. 31315(b)(4) by periodically 

publishing names and reasons for 

denial. 

The following 32 applicants do not 

meet the minimum time requirement for 

being seizure-free, either on or off of 

anti-seizure medication: 

Domingo Alcantar (TX) 

Scott Anderson (SC) 

Jesse Bailey (CO) 

Lennie Beaudoin (NH) 

Ricky Bloesser (KS) 

Zarie Bowman (NJ) 

Tarrah Bubenik (CA) 

Fedor Bulat (WI) 

Jack Butler (FL) 

Austin Clark (SC) 

Blake Derosier (MN) 

Elisa Diaz (CO) 

Jose Diaz Bartolo (CA) 

Paul Fuge (PA) 

Walter Grayer (AL) 

Mark Hejl (TX) 

Morgan Janisse (ID) 

Stephen Johnson (MO) 

Michael Karnatz (WI) 

Phillip Knight (TX) 

William London (CA) 

Jerry Martin (OH) 

Alan Murry (NE) 

Naomi Nordman (CA) 

Coltan Peterson (MN) 

Kalob Rickards (DE) 

James Roark (NM) 

Richard Sievers (WI) 

Jeremy Steele (DE) 

Hunter Stetz (NH) 

Edward Stuart (PA) 

Ethan Vandehey (WI) 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–19755 Filed 9–12–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0154; FMCSA– 

2013–0124; FMCSA–2014–0385; FMCSA– 

2016–0002; FMCSA–2018–0138, FMCSA– 

2020–0027] 

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 seven 

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 August 13, 2023. The exemptions 

expire on August 13, 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–2012–0154, FMCSA– 

2013–0124, FMCSA–2014–0385, 

FMCSA–2016–0002, FMCSA–2018– 

0138, or FMCSA–2020–0027) 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 


ddrumheller on DSK120RN23PROD with NOTICES1
62884 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices 

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 August 3, 2023, FMCSA published 

a notice announcing its decision to 

renew exemptions for seven 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 

51392). The public comment period 

ended on September 5, 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 seven 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following drivers from the 

hearing requirement in § 391.41 (b)(11). 

As of August 13, 2023, and in 

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

31315(b), the following seven 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement in the 

FMCSRs for interstate CMV drivers (88 

FR 51393): 

Jason Clark (MO) 

Timothy Finley (CA) 

William Jones (MN) 

David Presley (TX) 

Michael Smith (CO) 

Donald Taylor (NC) 

Holly Wright, Jr. (NC) 

The drivers were included in docket 

numbers FMCSA–2012–0154, FMCSA– 

2013–0124, FMCSA–2014–0385, 

FMCSA–2016–0002, FMCSA–2018– 

0138, or FMCSA–2020–0027. Their 

exemptions were applicable as of 

August 13, 2023 and will expire on 

August 13, 2025. 

In accordance with 49 U.S.C. 

31315(b), each exemption will be valid 

for 2 years from the effective date unless 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (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 prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136, 49 

U.S.C. chapter 313, or the FMCSRs. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–19753 Filed 9–12–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0036] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

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 12 individuals for an 

exemption from the prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with a clinical diagnosis of epilepsy or 

any other condition that is likely to 

cause a loss of consciousness or any loss 

of ability to control a commercial motor 

vehicle (CMV) to drive in interstate 

commerce. If granted, the exemptions 

would enable these individuals who 

have had one or more seizures and are 

taking anti-seizure medication to 

operate CMVs in interstate commerce. 

DATES: Comments must be received on 

or before October 13, 2023. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2023–0036 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2023–0036) 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–2023–0036), 

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 


ddrumheller on DSK120RN23PROD with NOTICES1