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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86728 Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 

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: On 

November 16, 2023, NHTSA published 

a Request for Comment regarding 

NHTSA’s Nondiscrimination 

Compliance Program. The original 

written submission deadline was 

January 16, 2024. NHTSA is extending 

the deadline by 30 days to February 15, 

2024. 

Through this request for comment 

(RFC), NHTSA seeks input to inform the 

development of Nondiscrimination 

Compliance Guidelines for NHTSA 

Financial Assistance Recipients 

(Nondiscrimination Guidelines). 

NHTSA’s Nondiscrimination Guidelines 

will provide guidance for recipients on 

how to comply with their Federal civil 

rights obligations. NHTSA published 

this RFC to engage a broad cross-section 

of stakeholders and the public. After 

considering and incorporating 

comments and information received 

from this solicitation, NHTSA intends to 

publish draft Nondiscrimination 

Guidelines for comment before 

publishing final guidance. 

With this 30-day extension, interested 

parties have until February 15, 2024, to 

submit written comments. Although 

submissions are strictly voluntary, all 

interested parties are encouraged to 

respond. 

Comments may be submitted and 

viewed at Docket No. NHTSA–2023– 

0061 at https://www.regulations.gov. 

Issued in Washington, DC, on December 8, 

2023. 

Regina E. Morgan, 

Director, NHTSA Office of Civil Rights. 

[FR Doc. 2023–27391 Filed 12–13–23; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Transportation Statistics Bureau 

[Docket No. DOT–OST–2017–0010] 

Request for Clearance for an 

Information Collection: Annual Tank 

Car Survey 

AGENCY: Bureau of Transportation 

Statistics (BTS), Office of the Assistant 

Secretary for Research and Technology 

(OST–R), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: This notice announces the 

Bureau of Transportation Statistics 

(BTS) intention to request that the 

Office of Management and Budget 

(OMB) approves a 3-year extension of a 

currently approved information 

collection for the ‘‘Annual Tank Car 

Survey.’’ 

DATES: Interested persons are invited to 

submit comments on or before February 

12, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. DOT–OST– 

2017–0010 through the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

You may also submit comments 

identified by DOT Docket ID Number 

DOT–OST–2017–0010 to the U.S. 

Department of Transportation (DOT), 

Dockets Management System (DMS). 

You may submit your comments by mail 

or in person to the Docket Clerk, Docket 

Management System, U.S. Department 

of Transportation, 1200 New Jersey Ave. 

SE, West Building Room W12–140, 

Washington, DC 20590. Comments 

should identify the docket number as 

indicated above. Paper comments 

should be submitted in duplicate. The 

DMS is open for examination and 

copying, at the above address, from 9 

a.m. to 5 p.m., Monday through Friday, 

except federal holidays. If you wish to 

receive confirmation of receipt of your 

written comments, please include a selfaddressed, stamped postcard with the 

following statement: ‘‘Comments on 

Docket DOT–OST–2017–0010.’’ The 

Docket Clerk will date stamp the 

postcard prior to returning it to you via 

the U.S. mail. Please note that due to 

delays in the delivery of U.S. mail to 

Federal offices in Washington, DC, we 

recommend that persons consider an 

alternative method (the internet, fax, or 

professional delivery service) to submit 

comments to the docket and ensure 

their timely receipt at U.S. DOT. You 

may fax your comments to the DMS at 

(202) 493–2251. Comments can also be 

viewed and/or submitted via the Federal 

Rulemaking Portal: http://

www.regulations.gov. 

Please note that anyone is able to 

electronically search all comments 

received into our docket management 

system by the name of the individual 

submitting the comment (or signing the 

comment if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(Volume 65, Number 70; pages 19475– 

19570) or you may review the Privacy 

Act Statement at http://

www.gpoaccess.gov/fr/. 

FOR FURTHER INFORMATION CONTACT: Carl 

Cloyed, Bureau of Transportation 

Statistics, Office of the Assistant 

Secretary for Research and Technology, 

Department of Transportation, 1200 

New Jersey Avenue SE, Room E34–455, 

Washington, DC 20590, Telephone (202) 

366–2857. 

SUPPLEMENTARY INFORMATION: 

Title: Annual Tank Car Survey 

Background: On December 4, 2015, 

President Barack Obama signed 

legislation entitled ‘‘Fixing America’s 

Surface Transportation Act of 2015,’’ or 

the ‘‘FAST Act.’’ See Public Law 114– 

94. The FAST Act includes the 


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