Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 78809 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit the ground level of the 

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. 

Privacy Act: In accordance with 49 

U.S.C. 31315(b), DOT solicits comments 

from the public to better inform its 

exemption process. DOT posts these 

comments, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice DOT/ALL– 

14 FDMS, which can be reviewed under 

the ‘‘Department Wide System of 

Records Notices’’ at https://

www.transportation.gov/individuals/ 

privacy/privacy-act-system-recordsnotices. The comments are posted 

without edit and are searchable by the 

name of the submitter. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; 202–366–4225 or 

pearlie.robinson@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Dockets 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2023–0195), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 

recommendations. 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 the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov and put the docket 

number ‘‘FMCSA–2023–0195’’ 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. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA 

will consider all comments and material 

received during the comment period. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) to grant 

exemptions from certain Federal Motor 

Carrier Safety Regulations. FMCSA must 

publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reasons for 

denying or granting the application and, 

if granted, the name of the person or 

class of persons receiving the 

exemption, and the regulatory provision 

from which the exemption is granted. 

The notice must also specify the 

effective period and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

III. Applicant’s Request 

Reiman Corp. indicated that it is 

involved in the construction of highway 

roads and bridges. Reiman Corp. 

requests an exemption from certain HOS 

regulations because it considers its 

operations similar to oilfield operations 

exempted in 49 CFR 391.5(d)(2), 

including that its drivers are specially 

trained to operate vehicles that are 

specially designed to transport specific 

products with vehicle-mounted 

equipment. The requested exemption 

would allow Reiman Corp.’s drivers to 

record waiting time at construction sites 

as ‘‘off-duty’’ for purposes of §§ 395.8 

and 395.15. Further, waiting time would 

not be included in calculating the 14- 

hour period in § 395.3(a)(2). However, 

Reiman Corp.’s specially trained drivers 

would not be eligible to use the shorthaul operation provisions of 

§ 395.1(e)(1) if the company were 

granted this exemption. 

A copy of Reiman Corp.’s application 

for exemption is included in the docket 

for this notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Reiman Corp.’s application for an 

exemption from certain HOS regulations 

in 49 CFR part 395. All comments 

received before the close of business on 

the comment closing date indicated at 

the beginning of this notice will be 

considered and will be available for 

examination in the docket at the 

location listed under the Addresses 

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will continue to file, 

in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–25304 Filed 11–15–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0201] 

Parts and Accessories Necessary for 

Safe Operation; Application for an 

Exemption From Safe Fleet Bus and 

Rail 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA requests public 

comment on an application for 

exemption from Safe Fleet Bus and Rail 

(Safe Fleet) to allow motor carriers to 

operate commercial motor vehicles 

(CMV) equipped with Safe Fleet’s 

‘‘MirrorLESS’’ camera monitor system 

(CMS) installed as an alternative to the 

two rear-vision mirrors required by the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). 


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78810 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 

DATES: Comments must be received on 

or before December 18, 2023. 

ADDRESSES: You may submit comments 

identified by docket number FMCSA– 

2023–0201 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0201/document. 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 or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m. ET, Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Sutula, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, FMCSA, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, (202) 366– 

5541, MCPSV@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2023–0201), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 

recommendations. 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 the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0201/document, click on 

this notice, click ‘‘Comment,’’ and type 

your comment into the text box on the 

following screen. 

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. Comments received 

after the comment closing date will be 

filed in the public docket and will be 

considered to the extent practicable. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to the notice contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to the 

notice, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission that constitutes CBI as 

‘‘PROPIN’’ to indicate it contains 

proprietary information. FMCSA will 

treat such marked submissions as 

confidential under the Freedom of 

Information Act, and they will not be 

placed in the public docket of the 

notice. Submissions containing CBI 

should be sent to Brian Dahlin, Chief, 

Regulatory Evaluation Division, Office 

of Policy, FMCSA, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001 or via email at brian.g.dahlin@

dot.gov. At this time, you need not send 

a duplicate hardcopy of your electronic 

CBI submissions to FMCSA 

headquarters. Any comments FMCSA 

receives not specifically designated as 

CBI will be placed in the public docket 

for this notice. 

B. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0201/document and 

choose the document to review. To view 

comments, click this notice, then 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 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its regulatory process. 

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 

(FDMS)), 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. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) to grant 

exemptions from the FMCSRs. FMCSA 

must publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted and 

determines whether granting the 

exemption would likely maintain a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (§ 381.305(a)). The 

Agency must publish its decision in the 

Federal Register (§ 381.315(b)). If 

granted, the notice will identify the 

regulatory provision from which the 

applicant will be exempt, the effective 

period, and all terms and conditions of 

the exemption (§ 381.315(c)(1)). If the 

exemption is denied, the notice will 

explain the reason for the denial 

(§ 381.315(c)(2)). The exemption may be 

renewed (§ 381.300(b)). 

III. Safe Fleet’s Application for 

Exemption 

Section 393.80(a) of the FMCSRs 

requires that each bus, truck, and truck 

tractor be equipped with two rear-vision 

mirrors, one at each side. The mirrors 

must be positioned to reflect to the 

driver a view of the highway to the rear 

and the area along both sides of the 

CMV. Section 393.80(a) cross-references 

the National Highway Traffic Safety 

Administration’s standard for mirrors 

on motor vehicles (i.e., 49 CFR 571.111, 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 111). Paragraph S7.1 of 

FMVSS No. 111 provides requirements 

for mirrors on multipurpose passenger 

vehicles and trucks with a gross vehicle 

weight rating (GVWR) greater than 4,536 

kg and less than 11,340 kg and each bus, 

other than a school bus, with a GVWR 

of more than 4,536 kg. Paragraph S8.1 

provides requirements for mirrors on 

multipurpose passenger vehicles and 

trucks with a GVWR of 11,340 kg or 

more. Safe Fleet has applied for an 

exemption from 393.80(a) to allow 

motor carriers to operate CMVs 

equipped with the company’s 


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Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 78811 

1NHTSA has also incorporated public 

participation and engagement requirements into its 

Uniform Procedures for State Highway Safety Grant 

Programs. 23 CFR part 1300. Pursuant to the 

Infrastructure Investment and Jobs Act, NHTSA 

requires that NHTSA-funded State highway safety 

programs result from meaningful public 

participation and engagement from affected 

communities, particularly those most significantly 

impacted by traffic crashes resulting in injuries and 

fatalities. See 23 U.S.C. 402(b)(1)(B); see also id. 

2 DOT 1000.12C (effective June 11, 2021) also 

provides policy guidance to USDOT Departmental 

Offices and Operating Administrations for 

establishing and maintaining Title VI compliance 

programs. 

3States must also comply with the Americans 

with Disabilities Act of 1990 (ADA) in all services, 

programs, and activities regardless of whether they 

receive Federal funds. 42 U.S.C 12131 et seq. 

MirrorLESS CMS installed as an 

alternative to the two rear-vision mirrors 

required by the FMCSRs. A copy of the 

application is included in the docket 

referenced at the beginning of this 

notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b)(6), FMCSA requests public 

comment from all interested persons on 

Safe Fleet’s application for an 

exemption from the requirement for two 

rear-vision mirrors in § 393.80(a). All 

comments received before the close of 

business on the comment closing date 

indicated at the beginning of this notice 

will be considered and will be available 

for examination in the docket at the 

location listed under the ADDRESSES

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–25303 Filed 11–15–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2023–0061] 

Request for Comment: NHTSA’s 

Nondiscrimination Compliance 

Program 

AGENCY: National Highway Traffic 

Safety Administration, Department of 

Transportation. 

ACTION: Request for comment on 

NHTSA’s Nondiscrimination 

Compliance Program. 

SUMMARY: The National Highway Traffic 

Safety Administration (NHTSA) is 

issuing Nondiscrimination Compliance 

Guidelines for NHTSA Financial 

Assistance Recipients 

(Nondiscrimination Guidelines). Federal 

financial assistance recipients 

(recipients) must comply with 

applicable Federal civil rights statutes 

and regulations, including Title VI of 

the Civil Rights Act of 1964, Section 504 

of the Rehabilitation Act of 1973, the 

Age Discrimination Act of 1975, Title IX 

of the Education Amendments Act of 

1972, and their implementing 

regulations. Collectively, these laws 

prohibit discrimination based on race, 

color, national origin (including limited 

English proficiency), disability, age, and 

sex in federally funded programs or 

activities. NHTSA’s Nondiscrimination 

Guidelines will provide guidance for 

recipients on how to comply with their 

Federal civil rights obligations. NHTSA 

is seeking input and comments from all 

traffic safety stakeholders and the public 

to inform the development of NHTSA’s 

Nondiscrimination Guidelines, 

including methods for collecting civil 

rights data. 

DATES: Comments should be submitted 

no later than January 16, 2024. 

ADDRESSES: You may submit comments 

to the docket number identified in the 

heading of this document by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include the agency name and Docket 

No. NHTSA–2023–0061. All comments 

received will be posted without change, 

including any personal information 

provided. For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and search for 

Docket No. NHTSA–2023–0061. 

Privacy Act: Anyone is able to search 

the electronic form for all comments 

received into USDOT’s dockets by 

entering the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

organization, association, business, or 

other entity). You may review the U.S. 

Department of Transportation’s 

(USDOT) complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or visit https://

www.transportation.gov/privacy. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets 

via internet. 

FOR FURTHER INFORMATION CONTACT: For 

more information, contact Heather 

Moss, Division Chief, Title VI 

Compliance, Office of Civil Rights, 

National Highway Traffic Safety 

Administration, Telephone number: 

(202) 366–0972. You may also contact 

NHTSA’s Office of Civil Rights at 

NHTSACivilRights@dot.gov. 

SUPPLEMENTARY INFORMATION: We 

continue to face an urgent and 

preventable traffic fatality crisis on our 

Nation’s roadways. The National 

Highway Traffic Safety Administration 

(NHTSA) and our partners are working 

to deliver accountable, efficient, and 

data-driven highway safety programs to 

save lives and reverse this deadly 

national trend. NHTSA’s grants and 

cooperative agreements are key to 

achieving our collective long-term goal 

of zero roadway fatalities nationwide. 

As a condition of receiving Federal 

financial assistance (FFA), recipients 

must comply with applicable provisions 

of laws and policies prohibiting 

discrimination, including: 1

• Title VI of the Civil Rights Act of 

1964 (Title VI), 42 U.S.C. 2000d et seq., 

which prohibits discrimination based 

on race, color, or national origin 

(including limited English 

proficiency); 2

• Section 504 of the Rehabilitation 

Act of 1973 (Section 504), 29 U.S.C. 794 

et seq., which prohibits discrimination 

based on disability; 3

• Age Discrimination Act of 1975 

(Age Discrimination Act), 42 U.S.C. 

6101 et seq., which prohibits 

discrimination based on age; and 

• Title IX of the Education 

Amendments Act of 1972 (Title IX), 20 

U.S.C. 1681 et seq., which prohibits 

discrimination based on sex in 

education programs or activities. 

FFA includes grants and loans of 

Federal funds; the grant or donation of 

Federal property and interests in 

property; the detail of Federal 

personnel; the sale and lease of, and the 


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