Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices 82499 

stimulant drugs on cognitive and 

psychomotor function among 

individuals with narcolepsy could not 

be made. 

In January 2010, FMCSA’s MRB 

recommended that individuals with 

narcolepsy be ineligible for a 

commercial driver’s license, even with 

treatment. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. 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 Agency’s decision regarding this 

exemption application is based on an 

individualized assessment of the 

applicant’s medical information, 

available medical and scientific data 

concerning narcolepsy, and any relevant 

public comments received. 

V. Conclusion 

The Agency has determined that the 

available medical and scientific 

literature and research provides 

insufficient data to enable the Agency to 

conclude that granting this exemption 

would achieve a level of safety 

equivalent to, or greater than, the level 

of safety maintained without the 

exemption. Therefore, the following 

applicant has been denied an exemption 

from the physical qualification 

standards in § 391.41(b)(8): 

Kevin Cunningham (TN) 

The applicant has, prior to this notice, 

received a letter of final disposition 

regarding their exemption request. The 

decision letter fully outlined the basis 

for the denial and constitute final action 

by the Agency. The name of the 

individual published in this notice 

summarizes the Agency’s recent denials 

as required under 49 U.S.C. 31315(b)(4). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–25919 Filed 11–22–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0025] 

Qualification of Drivers; Exemption 

Applications; Hearing 

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 10 individuals for an 

exemption from the hearing requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. If granted, the 

exemptions would enable these hard of 

hearing and deaf individuals to operate 

CMVs in interstate commerce. 

DATES: Comments must be received on 

or before December 26, 2023. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2023–0025 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2023–0025) 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–2023–0025), 

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 

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-2023-0025. Next, sort the results 

by ‘‘Posted (Newer-Older),’’ choose the 

only 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–2023–0025) 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 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
82500 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices 

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 10 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 

Jesse Aguiar 

Jesse Aguiar, 49, holds a class D 

driver’s license in Arizona. 

Antonio Brown 

Antonio Brown, 46, holds a class E 

driver’s license in Louisiana. 

Daniel Crawford 

Daniel Crawford, 42, holds a class D 

driver’s license in Virginia. 

Scott Humpal 

Scott Humpal, 42, holds a class C 

driver’s license in California. 

Ryan King 

Ryan King, 27, holds a class C driver’s 

license in North Carolina. 

Jordan Marqus 

Jordan Marqus, 29, holds a class 10 

driver’s license in Rhode Island. 

John Mast 

John Mast, 47, holds a class D driver’s 

license in Ohio. 

Lacey McLaughlin 

Lacey McLaughlin, 24, holds a class C 

driver’s license in North Carolina. 

Barry Schmidt 

Barry Schmidt, 62, holds a class R 

driver’s license in Colorado. 

Grover Vincent 

Grover Vincent, 44, holds a class CM 

driver’s license in Texas. 

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. 2023–25927 Filed 11–22–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Safety Advisory 2023–07; Review and 

Implement New Predictive Weather 

Modeling and Proactive Safety 

Processes Across the National Rail 

Network To Prevent Weather-Related 

Accidents and Incidents 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of safety advisory. 

SUMMARY: Since the beginning of 2021, 

123 rail accidents/incidents have been 

reported to FRA as having been caused, 

in whole or in part, by severe weather 

conditions or weather-related events 

(e.g., hurricanes, tornadoes, wildfires, 

flooding, mudslides, and summer heat). 

These extreme weather conditions and 

events not only present hazards to 

railroad workers, operations and 

infrastructure but can also severely 

impact the customers and communities 

relying on the railroads for travel and 

transportation of critical goods. To 

reduce weather-related accidents/ 

incidents and improve the efficiency of 

the national rail network during severe 

weather events, FRA is issuing this 

Safety Advisory to recommend that 

railroads review existing policies, 

procedures, and operating rules related 

to predicting, monitoring, 

communicating, and operating during 

severe weather conditions or subsequent 

to extreme weather events. FRA also 

recommends that railroads collaborate 

to develop best practices for utilizing 

weather forecasting technologies, 

predictive weather models, and 

weather-related action plans throughout 

the industry. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Charles P. King, Director, Office of 

Railroad Infrastructure and Mechanical 

Equipment, at 202–329–5031 or 

Charles.King@dot.gov. 

Disclaimer: This Safety Advisory is 

considered guidance pursuant to DOT 

Order 2100.6A (June 7, 2021). Except 

when referencing laws, regulations, 

policies, or orders, the information in 

this Safety Advisory does not have the 

force and effect of law and is not meant 

to bind the public in any way. This 

document does not revise or replace any 

previously issued guidance. 

SUPPLEMENTARY INFORMATION: 

Background 

From January 2021 through the end of 

July 2023, there have been 123 


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