Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 78453 

without the exemption, consistent with 

the applicable standard in 49 U.S.C. 

31315(b)(1). 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and include the following: (1) each 

driver must report any crashes or 

accidents as defined in § 390.5T; (2) 

each driver must report all citations and 

convictions for disqualifying offenses 

under 49 CFR parts 383 and 391 to 

FMCSA; and (3) each driver is 

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. 

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 nine 

exemption applications, FMCSA 

exempts the following drivers from the 

hearing standard; in § 391.41(b)(11), 

subject to the requirements cited above: 

Fred Dudley (TX) 

Jonathan Garcia (AZ) 

Juan Hernandez (TX) 

Francisco Luna (TX) 

Dylan Luttrell (MO) 

Wanda Mack (FL) 

Kevin Nadrowski (CT) 

Kevin Prior (NH) 

William Schoemig (UT) 

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. 2023–25112 Filed 11–14–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0387; Docket No. 

FMCSA–2018–0138; Docket No. FMCSA– 

2018–0139; Docket No. FMCSA–2019–0109; 

Docket No. FMCSA–2021–0014; Docket No. 

FMCSA–2021–0015] 

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 16 

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: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates provided 

below. 

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–2014–0387, FMCSA– 

2018–0138, FMCSA–2018–0139, 

FMCSA–2019–0109, FMCSA–2021– 

0014, or FMCSA–2021–0015) 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 October 6, 2023, FMCSA 

published a notice announcing its 

decision to renew exemptions for 16 

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 

69677). The public comment period 

ended on November 6, 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 16 

renewal exemption applications, 

FMCSA announces its decision to 


ddrumheller on DSK120RN23PROD with NOTICES1
78454 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 

exempt the following drivers from the 

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

As of October 1, 2023, and in 

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

31315(b), the following five individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (88 FR 69679): 

Azulita-Jane Camacho (CA) 

Robert Culp (FL) 

Charles Davis (AL) 

Christopher Fisher (WA) 

John Price (TX) 

The drivers were included in docket 

number FMCSA–2018–0139. Their 

exemptions were applicable as of 

October 1, 2023 and will expire on 

October 1, 2025. 

As of October 8, 2023, and in 

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

31315(b), the following five individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (88 FR 69679): 

Judith Badore (VT) 

Dareous Glover (IL) 

Delroy Hunt (FL) 

John Norman (IL) 

Kyle Voss (WI) 

The drivers were included in docket 

number FMCSA–2021–0015. Their 

exemptions are applicable as of October 

8, 2023 and will expire on October 8, 

2025. 

As of October 10, 2023, and in 

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

31315(b), the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (88 FR 69679): 

Kurt Bernabei (IL); and Steven Robelia 

(TN). 

The drivers were included in docket 

number FMCSA–2019–0109. Their 

exemptions are applicable as of October 

10, 2023 and will expire on October 10, 

2025. 

As of October 22, 2023, and in 

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

31315(b), the following four individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (88 FR 69679): 

Richard Carter (MD) 

Clinton Homon (IL) 

Pete Kujawa (WI) 

Jonathan Muhm (KY) 

The drivers were included in docket 

numbers FMCSA–2014–0387, FMCSA– 

2018–0138, or FMCSA–2021–0014. 

Their exemptions are applicable as of 

October 22, 2023 and will expire on 

October 22, 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. 2023–25114 Filed 11–14–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0153] 

Agency Information Collection 

Activities; Request for OMB Approval 

To Renew an Information Collection 

Request: Truck and Bus Maintenance 

Requirements and Their Impact on 

Safety 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for 

review and approval. The Federal Motor 

Carrier Safety Administration (FMCSA) 

is authorized to study vehicle 

maintenance to determine the impact of 

vehicle maintenance requirements on 

overall motor carrier safety. FMCSA 

may fund research, development, and 

technology projects that improve the 

safety and efficiency of commercial 

motor vehicle operations through 

technological innovation and 

improvement. 

DATES: Comments on this notice must be 

received on or before December 15, 

2023. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

FOR FURTHER INFORMATION CONTACT: 

Mike Lukuc, Program Manager, 

Technology Division, DOT, FMCSA, 

West Building 6th Floor, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001; (202) 834–6180; 

mike.lukuc@dot.gov. 

SUPPLEMENTARY INFORMATION: In this 

study, FMCSA will collect, via two 

surveys of freight motor carriers and 

passenger carrier maintenance 

managers, qualitative and quantitative 

data to assess the opinions of carrier 

representatives to develop an 

operational definition of ‘‘systematic 

maintenance’’ for trucks and buses, 

examine maintenance differences 

between vehicle classes, and identify 

industry maintenance norms. Survey 

results of those carriers with low crash 

and vehicle maintenance violation rates 

will be combined to provide guidance 

on recommended practices. 

Additionally, respondents from carriers 

with high rates of crashes and violations 

may provide useful feedback on the 

effect of the interventions within their 

maintenance programs or activities, and 

an evaluation of adequacy of current 

regulations. The information collected 

by the survey will be a critical input to 

the Recommended Practices Report, 

which is a required final product for the 

project. Three comments were received 

in response to the 60-day Federal 

Register notice. 

Title: Truck and Bus Maintenance 

Requirements and Their Impact on 

Safety. 

OMB Control Number: 2126–0069. 

Type of Request: Renewal of a 

currently approved ICR. 

Respondents: Freight motor carriers 

and passenger carriers. 

Estimated Number of Respondents: 

578 respondents [578 respondents will 

complete the Online Recruitment 

Survey. Of those 578 respondents, 289 

will also complete the Carrier 

Maintenance Manager Survey]. 

Estimated Time per Response: Varies 

[Online Recruitment Survey: 5 minutes. 

Carrier Maintenance Manager Survey: 

45 minutes]. 

Expiration Date: November 30, 2023. 

Frequency of Response: Annually. 

Estimated Total Annual Burden: 265 

hours [Online Recruitment Survey: 578 

respondents × (5 minutes ÷ 60 minutes) 

= 48 hours; Carrier Maintenance 

Manager Survey: 289 respondents × (45 

minutes ÷ 60 minutes) = 217 hours]. 

Background: FMCSA’s core mission is 

to reduce crashes, injuries, and fatalities 

involving large trucks and buses. To aid 

in accomplishing this, the Agency uses 


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