Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 429 

Issued in Washington, DC, on December 

28, 2023. 

Brandon Roberts, 

Executive Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2022–0547. 

Petitioner: Equinox Innovative 

Systems. 

Section(s) of 14 CFR Affected: §§ 21 

Subpart H, 61.3(a)(1)(i), 91.103(b)(2), 

91.105, 91.107, 91.119, 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1), 91.409(a)(2), 91.417(a), and 

91.417(b). 

Description of Relief Sought: On 

December 14, 2023, the FAA published 

in the Federal Register a notice seeking 

comment regarding a petition for 

exemption from Equinox Innovative 

Systems (88 FR 86718). The petitioner 

seeks an exemption to conduct 

commercial flight operations with the 

Falcon Heavy tethered unmanned 

aircraft system (UAS). The comment 

period for this petition for exemption 

was to close January 3, 2024. 

Subsequently, the FAA received a 

request from the Transport Workers 

Union of America (TWU) to extend the 

comment period. The TWU noted its 

vested interest in this petition for 

exemption, and further noted the 

upcoming Federal holidays during 

which its offices would be closed. Given 

that this petition could be precedent 

setting and lead to similar exemption 

requests from other petitioners, the 

TWU requested an extension to ensure 

ample time to scrutinize and respond to 

this petition. 

The FAA grants the petitioner’s 

request for an extension of the comment 

period. The FAA recognizes the 

precedent-setting potential of the 

petition for exemption and that an 

extension would help commenters craft 

complete and thoughtful responses. The 

FAA agrees that a one-week extension is 

appropriate. With this extension, the 

comment period will now close on 

January 10, 2024. The FAA will not 

grant any additional requests to further 

extend the comment period for this 

petition for exemption. 

Extension of Comment Period 

This notice extends the comment 

period for Notice No. 23–48, published 

December 14, 2023, at 88 FR 86718 from 

January 3, 2024 until January 10, 2024. 

[FR Doc. 2023–28952 Filed 1–2–24; 8:45 am] 

BILLING CODE 4910–13–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 final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 10 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 January 3, 2024. The exemptions 

expire on January 3, 2026. 

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–2023–0025) 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 24, 2023, FMCSA 

published a notice announcing receipt 

of applications from 10 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 

82499). The public comment period 

ended on December 26, 2023, and one 

comment was 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. 

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 one comment in this 

proceeding. An anonymous individual 

commented in favor granting the 

individuals listed in this notice a 

hearing exemption as they believe being 

deaf should not negatively impact an 

individual’s ability to drive 

commercially. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
430 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 

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 10 

exemption applications, FMCSA 

exempts the following drivers from the 

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

subject to the requirements cited above: 

Jesse Aguiar (AZ) 

Antonio Brown (LA) 

Daniel Crawford (VA) 

Scott Humpal (CA) 

Ryan King (NC) 

Jordan Marqus (RI) 

John Mast (OH) 

Lacey McLaughlin (NC) 

Barry Schmidt (CO) 

Grover Vincent (TX) 

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. 2023–28885 Filed 1–2–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0443; FMCSA– 

2014–0380; FMCSA–2021–0025] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for three 

individuals from the requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) that interstate 

commercial motor vehicle (CMV) 

drivers have ‘‘no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause loss of consciousness or any 

loss of ability to control a CMV.’’ The 

exemptions enable these individuals 

who have had one or more seizures and 

are taking anti-seizure medication to 

continue to operate CMVs in interstate 

commerce. 

DATES: The exemptions are applicable 

on January 10, 2024. The exemptions 

expire on January 10, 2026. Comments 

must be received on or before February 

2, 2024. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2013–0443, Docket No. 

FMCSA–2014–0380, or Docket No. 

FMCSA–2021–0025 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2013–0443, FMCSA– 

2014–0380, or FMCSA–2021–0025) in 

the keyword box and click ‘‘Search.’’ 

Next, sort the results by ‘‘Posted 

(Newer-Older),’’ choose the first 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, 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: 


ddrumheller on DSK120RN23PROD with NOTICES1