66552 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Notices 

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 nine 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 

Fred Dudley 

Fred Dudley, 53, holds a class C 

driver’s license in Texas. 

Jonathan Garcia 

Jonathan Garcia, 28, holds a class D 

driver’s license in Arizona. 

Juan Hernandez 

Juan Hernandez, 23, holds a class C 

driver’s license in Texas. 

Francisco Luna 

Francisco Luna, 53, holds a class C 

driver’s license in Texas. 

Dylan Luttrell 

Dylan Luttrell, 36, holds a class F 

driver’s license in Missouri. 

Wanda Mack 

Wanda Mack, 34, holds a class E 

driver’s license in Florida. 

Kevin Nadrowski 

Kevin Nadrowski, 42, holds a class D 

driver’s license in Connecticut. 

Kevin Prior 

Kevin Prior, 38, holds a class D 

driver’s license in New Hampshire. 

William Schoemig 

William Schoemig, 57, holds a class D 

driver’s license in Utah. 

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. 2023–20957 Filed 9–26–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0141] 

Qualification of Drivers; Exemption 

Applications; Narcolepsy 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

an application from one individual for 

an exemption from the prohibition in 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) against operation 

of a commercial motor vehicle (CMV) in 

interstate commerce by persons with 

either 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 CMV. If granted, 

the exemption would enable this 

individual who has been diagnosed 

with narcolepsy and is receiving 

medical treatment to operate CMVs in 

interstate commerce. 

DATES: Comments must be received on 

or before October 27, 2023. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2023–0141 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2023–0141) 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, 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–2023–0141), 

indicate the specific section of this 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Notices 66553 

1These criteria may be found in Appendix A to 

part 391—Medical Advisory Criteria, section H. 

Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5, 

which is available on the internet at https://

www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ 

CFR-2015-title49-vol5-part391-appA.pdf. 

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-2023-0141. 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–2023–0141) 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 

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 

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

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 individual listed in this notice 

has requested an exemption from 49 

CFR 391.41(b)(8). Accordingly, the 

Agency will evaluate the qualifications 

of the applicant to determine whether 

granting the exemption will achieve the 

required level of safety mandated by 

statute. 

The physical qualification standard 

for drivers found in § 391.41(b)(8) states 

that a person is physically qualified to 

drive a CMV if that person has 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. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist Medical Examiners (MEs) in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

The criteria states that if an individual 

has had a sudden episode of a nonepileptic seizure or loss of 

consciousness of unknown cause that 

did not require anti-seizure medication, 

the decision whether that person’s 

condition is likely to cause the loss of 

consciousness or loss of ability to 

control a CMV should be made on an 

individual basis by the ME in 

consultation with the treating physician. 

The criteria also state that a variety of 

functional disorders can cause 

drowsiness, dizziness, confusion, 

weakness, or paralysis that may lead to 

incoordination, inattention, loss of 

functional control, and susceptibility to 

accidents while driving. 

In those individual cases where a 

driver had an epileptic medical event or 

an episode of loss of consciousness that 

resulted from a known medical 

condition (e.g., drug reaction, high 

temperature, acute infectious disease, 

dehydration, or acute metabolic 

disturbance), certification should be 

deferred until the driver has fully 

recovered from that condition, has no 

existing residual complications, and is 

not taking anti-seizure medication. 

III. Qualifications of Applicant 

Kevin Cunningham 

Kevin Cunningham is a commercial 

driver’s license holder in Tennessee. In 

a statement dated July 25, 2023, Kevin 

Cunningham’s sleep medicine provider 

reported that they were diagnosed with 

obstructive sleep apnea and narcolepsy 

without cataplexy. Their sleep medicine 

provider also reported they are treated 

with a stimulant, compliant with 

continuous positive airway pressure 

treatment, and have no concern for risk 

of sleepiness while driving. 

IV. Request for Comments 

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

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petition described in this 

notice. We will consider all comments 

received before the close of business on 

the closing date indicated in the DATES

section of the notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–20965 Filed 9–26–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Cognitive and 

Psychological Research Coordinated 

by Statistics of Income on Behalf of All 

IRS Operations Functions 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Internal Revenue Service 

(IRS), as part of its continuing effort to 

reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on information 

collections, as required by the 

Paperwork Reduction Act of 1995. The 

IRS is soliciting comments relating to 

Cognitive and Psychological Research 

Coordinated by Statistics of Income on 

Behalf of All IRS Operations Functions. 

DATES: Written comments should be 

received on or before November 27, 

2023 to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Andres Garcia, Internal Revenue 

Service, Room 6526, 1111 Constitution 

Avenue NW, Washington, DC 20224, or 


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