12940 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Notices 

other documents in the project file. The 

EA, FONSI and other project records are 

available by contacting FHWA or GDOT 

at the addresses listed in the FOR

FURTHER INFORMATION CONTACT section of 

this notice. The EA and FONSI can also 

be reviewed and downloaded from the 

project website at https://0013918- 

gdot.hub.arcgis.com. 

This notice applies to all Federal 

agency decisions as of the issuance date 

of this notice and all laws under which 

such actions were taken, including but 

not limited to: 

1. General: National Environmental Policy 

Act (NEPA) [42 U.S.C. 4321–4351]; FederalAid Highway Act [23 U.S.C. 109 and 23 

U.S.C. 128]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Noise: Noise Control Act of 1972 [42 

U.S.C. 4901–4918]; 23 CFR part 772. 

4. Land: Section 4(f) of the Department of 

Transportation Act of 1966 [49 U.S.C. 303]. 

5. Wildlife: Endangered Species Act (ESA) 

[16 U.S.C. 1531–1544 and Section 1536]; Fish 

and Wildlife Coordination Act [16 U.S.C. 

661–667d]; Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

6. Historic and Cultural Resources: Section 

106 of the National Historic Preservation Act 

of 1966, as amended [16 U.S.C. 470(f) et seq.]; 

Archeological Resources Protection Act of 

1977 [16 U.S.C. 470(aa)–470(ll)]; 

Archeological and Historic Preservation Act 

[16 U.S.C. 469–469c]; Native American Grave 

Protection and Repatriation Act (NAGPRA) 

[25 U.S.C. 3001–3013]. 

7. Social and Economic: Civil Rights Act of 

1964 [42 U.S.C. 2000(d)–2000(d)(1)]. 

8. Wetlands and Water Resources: Coastal 

Zone Management Act [16 U.S.C. 1451– 

1465]; Land and Water Conservation Fund 

(LWCF) [16 U.S.C. 4601–4604]; Safe Drinking 

Water Act (SDWA) [42 U.S.C. 300(f)- 

300(j)(6)]; Wild and Scenic Rivers Act [16 

U.S.C. 1271– 1287]; Flood Disaster Protection 

Act [42 U.S.C. 4001–4128]. 

9. Hazardous Materials: Comprehensive 

Environmental Response, Compensation, and 

Liability Act (CERCLA) [42 U.S.C. 9601– 

9675]; Superfund Amendments and 

Reauthorization Act of 1986 (SARA); 

Resource Conservation and Recovery Act 

(RCRA) [42 U.S.C. 6901–6992(k)]. 

10. Executive Orders: E.O. 14096 

Revitalizing Our Nation’s Commitment to 

Environmental Justice for All; E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898 Federal 

Actions to Address Environmental Justice in 

Minority Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; E.O. 

13007 Indian Sacred Sites; E.O. 13287 

Preserve America; E.O. 13175 Consultation 

and Coordination with Indian Tribal 

Governments; E.O. 11514 Protection and 

Enhancement of Environmental Quality; E.O. 

13045 Protection of Children From 

Environmental Health Risks and Safety Risks; 

E.O. 13112 Invasive Species. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: February 14, 2024. 

Sabrina S. David, 

Division Administrator, Federal Highway 

Administration, Atlanta, Georgia. 

[FR Doc. 2024–03405 Filed 2–16–24; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0185] 

Commercial Driver’s License: State of 

Hawaii; Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant an exemption to the 

State of Hawaii allowing the State to 

waive specific portions of the 

commercial driver’s license (CDL) skills 

test for CDL applicants who take the 

skills test on the islands of Lanai and 

Molokai and issue these drivers a 

restricted CDL. The Agency grants this 

exemption because the islands of Lanai 

and Molokai do not have the highway 

infrastructure to support a 

demonstration of certain on-road safe 

driving skills required by the CDL skills 

test requirements. FMCSA concludes 

that granting the exemption, subject to 

the terms and conditions set forth below 

is likely to maintain a level of safety 

equivalent to or greater than the level of 

safety that would be maintained absent 

the exemption. 

DATES: The exemption is effective from 

February 20, 2024 through February 20, 

2026. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; (202) 366–2722; 

richard.clemente@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Docket 

Services at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Documents 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2023–0185’’ in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘View Related Comments.’’ 

If you do not have access to the 

internet, you may view the docket by 

visiting Dockets Operations on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue SE, 

Washington, DC 20590, 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. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) to grant 

exemptions from certain Federal Motor 

Carrier Safety Regulations (FMCSRs). 

FMCSA must publish a notice of each 

exemption request in the Federal 

Register (49 CFR 381.315(a)). The 

Agency must provide the public an 

opportunity to inspect the information 

relevant to the application, including 

any safety analyses that have been 

conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted and 

determines whether granting the 

exemption would likely maintain a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305(a)). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)). If granted, the notice 

will identify the regulatory provision 

from which the applicant will be 

exempt, the effective period, and all 

terms and conditions of the exemption 

(49 CFR 381.315(c)(1)). If the exemption 

is denied, the notice will explain the 

reason for the denial (49 CFR 

381.315(c)(2)). The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Background 

Current Regulatory Requirements 

The safe on-road driving skills 

applicants must possess and 

demonstrate to obtain a CDL for a 

vehicle class are identified in 49 CFR 

383.113(c). Under 49 CFR 383.113(c)(2) 

and (4), CDL applicants must 

demonstrate, respectively, the ability to 

signal appropriately when changing 

direction in traffic and to choose a safe 

gap for changing lanes, passing other 

vehicles, and crossing or entering traffic. 

As prescribed in 49 CFR 

383.153(a)(10)(ix), a State has the 

discretion to impose restrictions on a 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Notices 12941 

CDL or create its own restrictions using 

additional codes for additional 

restrictions, as long as each such 

restriction code is fully explained on the 

front or back of the CDL document. 

Applicant’s Request 

The State of Hawaii applied for an 

exemption from the requirements that a 

CDL applicant demonstrate the 

following safe on-road driving skills: the 

ability to signal appropriately when 

changing direction in traffic (49 CFR 

383.113(c)(2)); and the ability to choose 

a safe gap for changing lanes, passing 

other vehicles, and crossing or entering 

traffic (49 CFR 383.113(c)(4). The 

applicant states that the islands of Lanai 

and Molokai do not have the highway 

infrastructure to support a 

demonstration of these safe on-road 

driving skills as required by 49 CFR 

383.113(c)(2) and (4). The islands do not 

have at least two miles of a straight 

section of urban business street and at 

least two miles of an expressway or 

highway section with multiple lanes 

going in each direction to allow the 

ability to legally change lanes. The State 

of Hawaii proposed to establish a new 

CDL restriction ‘‘R,’’ limiting the CDL’s 

validity to the islands of Lanai and 

Molokai only and would be applied to 

these drivers who pass a CDL skills test 

without demonstrating those two skills. 

The applicant stated that if it stops 

offering CDL road tests on both islands 

it will be a significant barrier for CDL 

applicants to meet all of the required 

skills test standards and obtain a CDL. 

Furthermore, there will be a negative 

economic impact on the communities’ 

livelihood. 

IV. Public Comments 

On August 25, 2023, FMCSA 

published a notice of the State of 

Hawaii’s application and requested 

public comment (88 FR 58434). The 

Agency received one comment that was 

not responsive to the request. 

V. FMCSA Safety Analysis 

The Agency believes allowing Hawaii 

to issue restricted CDLs to drivers 

operating a commercial motor vehicle 

(CMV) on the islands of Lanai and 

Molokai is likely to maintain a level of 

safety that is equivalent to, or greater 

than, the level of safety maintained 

without the exemption (49 CFR 

381.305(a)). The exemption applies only 

to CDL applicants taking the skills test 

on the islands of Lanai and Molokai and 

limits these drivers to operating a CMV 

on those two islands only. 

FMCSA reviewed the information in 

the State’s application and the exhibits 

submitted including aerial and map 

views of the testing routes. The 

information provided by the State 

supports the State’s assertion that the 

islands of Lanai and Molokai lack the 

highway infrastructure to permit CDL 

applicants to demonstrate their ability 

to signal appropriately when changing 

direction in traffic, and the ability to 

choose a safe gap for changing lanes, 

passing other vehicles, and crossing or 

entering traffic. Therefore, CDL 

applicants who drive a CMV only on the 

islands of Lanai and Molokai do not 

need to demonstrate those skills to 

obtain their restricted CDL. 

VI. FMCSA Decision 

FMCSA has evaluated the State of 

Hawaii’s application for exemption and 

exhibits and the public comment. Based 

on its analysis, FMCSA hereby grants 

Hawaii an exemption from 49 CFR 

383.113(c)(2) and (4) for CDL applicants 

taking the CDL skills test on the islands 

of Lanai and Molokai and allowing 

Hawaii to issue restricted CDLs limiting 

these drivers to operating a CMV on the 

islands of Lanai and Molokai. Allowing 

the State of Hawaii to conduct an 

abbreviated safe on-road driving skills 

test and issue restricted CDLs permitting 

the driver to operate a CMV only on the 

islands of Lanai and Molokai where the 

roadways do not require drivers to 

demonstrate such skills will bypass the 

infrastructure barriers CDL applicants 

on these two islands experience while 

establishing safeguards to maintain an 

equivalent level of safety. 

VII. Exemption Decision 

A. Grant of Exemption 

FMCSA grants an exemption from 49 

CFR 383.113(c)(2) and (c)(4) for a period 

of two years subject to the terms and 

conditions of this decision. 

B. Applicability 

The State of Hawaii may issue 

restricted CDLs under this exemption 

only to drivers who take the CDL skills 

test on the islands of Lanai and Molokai. 

C. Terms and Conditions 

The State of Hawaii and drivers 

operating under this exemption are 

subject to the following terms and 

conditions: 

1. The State of Hawaii may waive 

only the following portions of the CDL 

skills test, as set forth in 49 CFR 

383.113(c), that cannot be performed 

due to infrastructure limitations on the 

identified islands: 

a. ability to signal appropriately when 

changing direction in traffic (49 CFR 

383.113(c)(2)); and 

b. ability to choose a safe gap for 

changing lanes, passing other vehicles, 

and for crossing or entering traffic (49 

CFR 383.113(c)(4)). 

2. The State of Hawaii must comply 

with 49 CFR 383.133(b) and 383.135(a) 

of the knowledge tests standards for 

testing procedures and methods set 

forth in 49 CFR part 383, subpart H, and 

must continue to administer knowledge 

tests that fulfill the content 

requirements of subpart G. 

3. Drivers applying for a CDL to be 

issued under this exemption must take 

the CDL skills test on either the island 

of Lanai or Molokai. 

4. Drivers issued a restricted CDL 

under this exemption may operate a 

CMV only on the islands of Lanai and 

or Molokai. The State of Hawaii must 

establish a new state CDL restriction, 

‘‘R—Restriction’’, with the following 

description printed on the back of the 

license ‘‘Restricted to Lanai and 

Molokai’’. These restrictive CDLs will 

not be valid for use on Kauai, Oahu, 

Maui, Hawaii island, the U.S. Mainland 

and anywhere else U.S. CDLs are valid 

for use. 

5. The drivers must comply with all 

other applicable Federal Motor Carrier 

Safety Regulations (49 CFR part 350– 

399). 

6. The State of Hawaii must include 

notice on a restricted CDL issued 

pursuant to this exemption of the 

geographical area(s) in which the CDL 

holder may operate a commercial motor 

vehicle in accordance with 49 CFR 

383.153(a)(10)(ix). 

D. Preemption 

In accordance with 49 U.S.C. 

31315(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation that 

conflicts with or is inconsistent with 

this exemption with respect to a person 

operating under the exemption. 

E. Notification to FMCSA 

The State of Hawaii must provide to 

FMCSA, upon request, a list of all 

drivers issued restricted CDLs under 

this exemption. 

F. Termination 

FMCSA does not believe that drivers 

covered by this exemption will 

experience any deterioration of their 

safety record. The Agency will, 

however, rescind the exemption if: (1) 

the State of Hawaii or drivers operating 

under the exemption fail to comply with 

the terms and conditions of the 

exemption; (2) the exemption results 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 


ddrumheller on DSK120RN23PROD with NOTICES1
12942 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Notices 

1These criteria may be found in Appendix A to 

Part 391—Medical Advisory Criteria, section H. 

Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5, 

which is available on the internet at https://

www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/

CFR-2015-title49-vol5-part391-appA.pdf. 

objective of 49 U.S.C. 31136(e) and 

31315(b). 

Sue Lawless, 

Acting Deputy Administrator. 

[FR Doc. 2024–03328 Filed 2–16–24; 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 final disposition. 

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 were applicable 

on January 10, 2024. The exemptions 

expire on January 10, 2026. Each group 

of renewed exemptions were applicable 

on the dates stated in the discussions 

below and will expire on the dates 

provided below. 

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: 

I. Public Participation 

A. Viewing Comments 

To view comments 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 ‘‘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. 

B. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. 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 January 3, 2024, FMCSA 

published a notice announcing its 

decision to renew exemptions for three 

individuals from the epilepsy and 

seizure disorders prohibition in 49 CFR 

391.41(b)(8) to operate a CMV in 

interstate commerce and requested 

comments from the public (89 FR 430). 

The public comment period ended on 

February 2, 2024, and no comments 

were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

renewing these exemptions 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)(8). 

The physical qualification standard 

for drivers regarding epilepsy found in 

§ 391.41(b)(8) states that a person is 

physically qualified to drive a CMV if 

that person has no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause the loss of consciousness or any 

loss of ability to control a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist medical examiners in determining 

whether drivers with certain medical 

conditions are qualified to operate a 

CMV in interstate commerce. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based on its evaluation of the three 

renewal exemption applications and 

comments received, FMCSA announces 

its decision to exempt the following 

drivers from the epilepsy and seizure 

disorders prohibition in § 391.41(b)(8). 

As of January 3, 2024, and in 

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

31315(b), the following three 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers (89 FR 430): 

Phillip Halfmann (WI); Ronald Hartl 

(WI); and Benjamin Reineke (OH). 

The drivers were included in docket 

number FMCSA–2013–0443, FMCSA– 

2014–0380, or FMCSA–2021–0025. 

Their exemptions were applicable as of 

January 10, 2024 and will expire on 

January 10, 2026. 

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(e) and 

31315(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–03352 Filed 2–16–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0256] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

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 11 individuals for an 


ddrumheller on DSK120RN23PROD with NOTICES1