5992 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices 

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 physical qualification standard 

for drivers regarding hearing found in 

49 CFR 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). 

The 18 individuals listed in this 

notice have requested renewal of their 

exemptions from the hearing standard 

in § 391.41(b)(11), in accordance with 

FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable 2-year period. 

III. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315(b), FMCSA 

will take immediate steps to revoke the 

exemption of a driver. 

IV. Basis for Renewing Exemptions 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b), each of the 18 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement. The 18 drivers in 

this notice remain in good standing with 

the Agency. In addition, for commercial 

driver’s license (CDL) holders, the 

Commercial Driver’s License 

Information System and the Motor 

Carrier Management Information System 

are searched for crash and violation 

data. For non-CDL holders, the Agency 

reviews the driving records from the 

State Driver’s Licensing Agency. These 

factors provide an adequate basis for 

predicting each driver’s ability to 

continue to safely operate a CMV in 

interstate commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each of these drivers for a period of 

2 years is likely to achieve a level of 

safety equal to that existing without the 

exemption. 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b), the following groups of 

drivers received renewed exemptions in 

the month of February and are 

discussed below. 

As of February 14, 2024, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following eight 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement in the 

FMCSRs for interstate CMV drivers: 

Lucius Fowler (IL) 

Jared Gunn (IL) 

Daniel Krystosek (MN) 

John Malm (IL) 

Ray Norris (TX) 

Abel Talamantes (WA) 

Andrew Tessin (NC) 

Charles Wirick (MD) 

The drivers were included in docket 

numbers FMCSA–2013–0123, 

FMCSA–2014–0104, FMCSA–2017– 

0058, FMCSA–2018–0139, FMCSA– 

2019–0111, or FMCSA–2019–0112. 

Their exemptions are applicable as of 

February 14, 2024 and will expire on 

February 14, 2026. 

As of February 19, 2024, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following 10 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Wyatt Baldwin (NV) 

Adam Hayes (CA) 

Amy Ivins (NE) 

Bradley Ledford (NE) 

Adrian Lopez (TX) 

Jeffrey Schulkers (KY) 

Mark Tabangcora (CA) 

Jason Thomas (TX) 

Joshua Tinley (AZ) 

Kerri Wright (OK) 

The drivers were included in docket 

numbers FMCSA–2016–0003, FMCSA– 

2017–0057, or FMCSA–2017–0060. 

Their exemptions are applicable as of 

February 19, 2024 and will expire on 

February 19, 2026. 

V. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) each 

driver must report any crashes or 

accidents as defined in § 390.5T; and (2) 

report all citations and convictions for 

disqualifying offenses under 49 CFR 

parts 383 and 391 to FMCSA; and (3) 

each driver 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. Each 

exemption will be valid for 2 years 

unless rescinded earlier by FMCSA. The 

exemption will be rescinded if: (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 before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315(b). 

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 18 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the hearing requirement in 

§ 391.41(b)(11). In accordance with 49 

U.S.C. 31136(e) and 31315(b), each 

exemption will be valid for 2 years 

unless revoked earlier by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–01801 Filed 1–29–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2024–0002] 

Agency Information Collection Activity 

Under OMB Review: Charter Service 

Operations 

AGENCY: Federal Transit Administration, 

Department of Transportation (DOT). 

ACTION: Notice of request for comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Requirements (ICRs) 

abstracted below have been forwarded 

to the Office of Management and Budget 

(OMB) for review and comment. The 


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Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices 5993 

ICR describe the nature of the 

information collection and their 

expected burdens for the Charter 

Service Operations. 

DATES: Comments must be submitted on 

or before February 29, 2024. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to https://www.reginfo.gov/ 

public/do/PRAMain. You can find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function. 

Comments are Invited On: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

notice in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: Tia 

Swain, Office of Administration, 

Management Planning Division, 1200 

New Jersey Avenue., SE, Mail Stop 

TAD–10, Washington, DC 20590 (202) 

366–0354 or tia.swain@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), sec. 2, Public Law 104–13, 109 

Stat. 163 (1995) (codified as revised at 

44 U.S.C. 3501–3520), and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

44 U.S.C. 3506, 3507; 5 CFR 1320.5, 

1320.8(d)(1), 1320.12. On November 15, 

2023, FTA published a 60-day notice 

(88 FR 78456) in the Federal Register 

soliciting comments on the ICR that the 

agency was seeking OMB approval. FTA 

received no comments after issuing this 

60-day notice. Accordingly, DOT 

announces that these information 

collection activities have been reevaluated and certified under 5 CFR 

1320.5(a) and forwarded to OMB for 

review and approval pursuant to 5 CFR 

1320.12(c). 

Before OMB decides whether to 

approve these proposed collections of 

information, it must provide 30 days for 

public comment. 44 U.S.C. 3507(b); 5 

CFR 1320.12(d). Federal law requires 

OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30-day notice is 

published. 44 U.S.C. 3507 (b)-(c); 5 CFR 

1320.12(d); see also 60 FR 44978, 44983. 

OMB believes that the 30-day notice 

informs the regulated community to file 

relevant comments and affords the 

agency adequate time to digest public 

comments before it renders a decision. 

60 FR 44983. Therefore, respondents 

should submit their respective 

comments to OMB within 30 days of 

publication to best ensure having their 

full effect. 5 CFR 1320.12(c); see also 60 

FR 44983. 

The summaries below describe the 

nature of the information collection 

requirements (ICRs) and the expected 

burden. The requirements are being 

submitted for clearance by OMB as 

required by the PRA. 

Title: Charter Service Operations. 

OMB Control Number: 2132–0543 

Background: FTA’s Charter Service 

Regulations protects private charter 

operators from unauthorized 

competition from FTA grant recipients. 

In essence, the charter regulations were 

implemented to ensure that transit 

agencies, subsidized with Federal 

money, do not unfairly compete with 

privately owned bus companies. Under 

the charter rules, with limited 

exceptions, local transit agencies are 

restricted from operating chartered 

services. Charter service means, but 

does not include demand response 

service to individuals: 

• Transportation provided by a 

recipient at the request of a third party 

for the exclusive use of a bus or van for 

a negotiated price. The following 

features may be characteristic of charter 

service: 

Æ A third party pays the transit 

provider a negotiated price for the 

group, 

Æ Any fares charged to individual 

members of the group are collected by 

a third party, 

Æ The service is not part of the transit 

provider’s regularly scheduled service, 

or is offered for a limited period of time, 

or 

Æ A third party determines the origin 

and destination of the trip as well as 

scheduling; or 

• Transportation provided by a 

recipient to the public for events or 

functions that occur on an irregular 

basis or for a limited duration and: 

Æ A premium fare is charged that is 

greater than the usual or customary 

fixed route fare; or 

Æ The service is paid for in whole or 

in part by a third party. 

There are limited exceptions when a 

grantee may provide charter service, 

including: 

• Official government business, 

• Qualified Human Service 

Organizations (elderly, persons with 

disabilities, and low- income 

individuals), 

• When no registered charter provider 

responds to a notice sent by a recipient, 

• Leasing (must exhaust all available 

vehicles first), 

• By agreement with all registered 

charter providers, 

• Petitions to the Administrator: 

Events of regional or national 

significance, or hardship. 

Respondents: Transit Agencies and 

Private Operators. 

Estimated Annual Responses: 2,000 

respondents. 

Estimated Total Annual Burden: 359 

hours. 

Frequency: Annually, bi-annually, 

quarterly, and as required. 

Nadine Pembleton, 

Deputy Associate Administrator, Office of 

Administration. 

[FR Doc. 2024–01794 Filed 1–29–24; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0058; Notice 2] 

Polaris Group of America, Inc., Denial 

of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition. 

SUMMARY: Polaris Group of America, 

Inc., (Polaris), has determined that 

certain motorcycles manufactured by 

Indian Motorcycle Company do not 

fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

108, Lamps, Reflective Devices, and 

Associated Equipment. Indian 

Motorcycle Company, on behalf of 

Polaris, filed an original noncompliance 

report dated April 13, 2022, and later 

amended the report on September 9, 

2022. Polaris petitioned NHTSA on May 

13, 2022, for a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. This 

document announces the denial of 

Polaris’s petition. 

FOR FURTHER INFORMATION CONTACT: 

Leroy Angeles, Safety Compliance 

Engineer, Office of Vehicle Safety 

Compliance, NHTSA, (202) 366–5304. 


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