Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Notices 73935 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The Agency will 

summarize or include your comments in 

the request for OMB’s clearance of this 

ICR. 

Issued under the authority of 49 CFR 

1.87. 

Thomas P. Keane, 

Associate Administrator, Office of Research 

and Registration. 

[FR Doc. 2023–23744 Filed 10–26–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0107; FMCSA– 

2014–0385; FMCSA–2014–0386; FMCSA– 

2018–0135; 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 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 were applicable 

on September 12, 2023. The exemptions 

expire on September 12, 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–2014–0107, 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. 

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 September 6, 2023, FMCSA 

published a notice announcing its 

decision to renew exemptions for eight 

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 

60732). The public comment period 

ended on October 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 eight 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following drivers from the 

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

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 (88 

FR 60734): 

Daniel Alcozer (IL) 

Alex Courtney Bertling (OR) 

Mark Howard (NY) 

David Jakubowski (CA) 

Jay Larson (TX) 

Tia Matthews (TX) 

Eduwin Pineiro (TX) 

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 were applicable as of 

September 12, 2023 and will expire on 

September 12, 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. 2023–23742 Filed 10–26–23; 8:45 am] 

BILLING CODE 4910–EX–P 


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