86726 Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 

On September 25, 2023, FMCSA 

published a notice in the Federal 

Register with a 60-day public comment 

period to announce this request to 

update the information collection (88 

FR 65764). The Agency received one 

comment from Whip Around in 

response to the notice. Whip Around 

provided general support for the ICR, 

however, they suggested the use of 

electronic recordkeeping to reduce the 

need for frequent inspection, repair, and 

maintenance. 

While this comment does not impact 

the information collection, FMCSA 

agrees with Whip Around’s assessment 

that the process of creating, obtaining, 

and retaining documents can be 

improved by digitizing and automating 

vehicle inspection, repairs, and 

maintenance recordkeeping. The 

Agency has actively pursued this 

objective, evident by the amendment on 

December 16, 2015 (80 FR 78292). This 

amendment established minimum 

performance and design standards for 

electronic logging devices (ELDs) related 

to hours-of-service (HOS), mandating 

their use for drivers preparing HOS 

records of duty status. The amendment 

aims to enhance CMV safety, reduce 

paperwork burdens for motor carriers 

and drivers, and improve compliance 

with applicable HOS rules by promoting 

the use of ELDs. 

Additionally, on April 16, 2018 (83 

FR 16210), FMCSA introduced 

amendments permitting the use of 

electronic records and signatures. This 

aligned, in part, with the Government 

Paperwork Elimination Act and the 

Electronic Signatures in Global and 

National Commerce Act, as it only 

applies to those documents that 

FMCSA’s regulations obligate entities or 

individuals to retain. The amendment 

also updated references to outdated 

recordkeeping and reporting methods 

throughout chapter III of subtitle B of 49 

CFR (49 CFR parts 300 through 399) to 

make them technologically neutral. 

FMCSA’s ongoing efforts include 

projects related to providing data 

electronically during roadside 

inspections. One such project is the 

Operational Test of In-Motion CMV 

Inspections (Level VIII Inspections) in 

collaboration with the Commercial 

Vehicle Safety Alliance, which was 

noted by Whip Around in its comment. 

The project’s goal is to transmit data 

through the vehicle’s telematics to 

roadside inspectors while the vehicle is 

in motion. In addition to these efforts, 

the Agency will continue to pursue 

opportunities to increase safety and 

reduce the burden to motor carriers and 

CMV drivers. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

whether the proposed collection is 

necessary for the performance of 

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. 2023–27459 Filed 12–13–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0024] 

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 exempt 11 individuals from 

the hearing requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. The exemptions enable these 

hard of hearing and deaf individuals to 

operate CMVs in interstate commerce. 

DATES: The exemptions are applicable 

on December 11, 2023. The exemptions 

expire on December 11, 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 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. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2023–0024) in the 

keyword box and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (OlderNewer),’’ 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 in 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 November 1, 2023, FMCSA 

published a notice announcing receipt 

of applications from 11 individuals 

requesting an exemption from the 

hearing requirement in 49 CFR 

391.41(b)(11) to operate a CMV in 

interstate commerce and requested 

comments from the public (88 FR 

75088). The public comment period 

ended on December 1, 2023, and five 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting exemptions to these 

individuals 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. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 86727 

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 five comments in 

this proceeding. Of the five comments 

received, four commenters are in 

support of all applicants in this notice 

being granted the exemption and one 

commenter is specifically in support of 

Francis McBride being granted the 

exemption. The commenters, in general, 

also strongly urged FMCSA to remove or 

reconsider the Federal hearing standard. 

They indicated that hard of hearing and 

deaf drivers are likely as safe, if not 

safer, than CMV drivers that meet the 

Federal hearing standard and that there 

is recent information that supports this 

position. 

FMCSA’s basis for granting an 

exemption is stated in the next section 

of this notice, referencing relevant 

scientific information and literature. 

However, FMCSA is currently 

conducting research to investigate the 

safety of CMV operation by hard of 

hearing and deaf drivers. This research 

includes a thorough literature review of 

the topic to identify the most current 

information available on this topic. 

More information regarding this 

research can be viewed at https://

www.fmcsa.dot.gov/safety/researchand-analysis/investigating-safetycommercial-motor-vehicle-operationdeaf-and-hard. 

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 

statutes also allow the Agency to renew 

exemptions at the end of the 5-year 

period. However, 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 Agency’s decision regarding these 

exemption applications is based on 

relevant scientific information and 

literature, and the 2008 Evidence 

Report, ‘‘Executive Summary on 

Hearing, Vestibular Function and 

Commercial Motor Driving Safety.’’ The 

evidence report reached two 

conclusions regarding the matter of 

hearing loss and CMV driver safety: (1) 

no studies that examined the 

relationship between hearing loss and 

crash risk exclusively among CMV 

drivers were identified; and (2) evidence 

from studies of the private driver’s 

license holder population does not 

support the contention that individuals 

with hearing impairment are at an 

increased risk for a crash. In addition, 

the Agency reviewed each applicant’s 

driving record found in the Commercial 

Driver’s License Information System, for 

commercial driver’s license (CDL) 

holders, and inspections recorded in the 

Motor Carrier Management Information 

System. For non-CDL holders, the 

Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency. Each applicant’s record 

demonstrated a safe driving history. 

Based on an individual assessment of 

each applicant that focused on whether 

an equal or greater level of safety would 

likely be achieved by permitting each of 

these drivers to drive in interstate 

commerce, the Agency finds the drivers 

granted this exemption have 

demonstrated that they do not pose a 

risk to public safety. 

Consequently, FMCSA finds further 

that in each case exempting these 

applicants from the hearing standard in 

§ 391.41(b)(11) would likely achieve a 

level of safety equal to that existing 

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 11 

exemption applications, FMCSA 

exempts the following drivers from the 

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

subject to the requirements cited above: 

Melissa Bartlett (LA) 

Jeromy Brand (AL) 

Bryan Elzy (LA) 

Brian Greco (NM) 

Bradley Hess (WA) 

Tony Jones (TX) 

Alexander Lindsay (OH) 

Francis McBride (NC) 

Ray Perry (TX) 

Lakeisha Rosbia (AR) 

Anthony Scott (AL) 

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. 2023–27458 Filed 12–13–23; 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; Extension of Written 

Submission Deadline 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Extension of deadline for 

written submissions in response to 

NHTSA’s Request for Comment on 

NHTSA’s Nondiscrimination 

Compliance Program. 

SUMMARY: NHTSA has received requests 

to extend the period during which 

commenters may submit written 

comments in response to the Request for 

Comment: NHTSA’s Nondiscrimination 

Compliance Program published on 

November 16, 2023. The original written 

submission deadline was January 16, 

2024. NHTSA is extending the deadline 

by 30 days to February 15, 2024. 

DATES: The written submission deadline 

related to the Request for Comment 

published on November 16, 2023, at 88 

FR 78811, is extended to February 15, 

2024. 


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