13138 Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 

safety is being compromised or if the 

continuation of the exemption is not 

consistent with the goals and objectives 

of 49 U.S.C. 31136 or chapter 313, may 

take immediate steps to revoke the 

exemption or impose additional 

requirements as part of the exemption. 

VI. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

ACC and AHAA’s application for 

renewal of the exemption from § 393.87. 

All comments received before the 

close of business on the comment 

closing date indicated at the beginning 

of this notice will be considered and 

will be available for examination in the 

docket at the location listed under the 

Addresses section of this notice. 

Comments received after the comment 

closing date will be filed in the public 

docket and will be considered to the 

extent practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Sue Lawless, 

Acting Deputy Administrator. 

[FR Doc. 2024–03446 Filed 2–20–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0026] 

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 February 9, 2024. The exemptions 

expire on February 9, 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–2023–0026) 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 January 3, 2024, 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 (89 FR 432). 

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 

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 no comments in this 

proceeding. 

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 


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Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 13139 

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: 

Crystal Anderson-Grose (MA) 

Ricardo Cabrera (FL) 

Cody DeVries (TX) 

Elexis Fernandez Quian (FL) 

Joshua Grant (ME) 

Kennard Johnson (IL) 

Barbara Nacarelli (NE) 

Bridgette Nielson (UT) 

Darrious Smith (TX) 

Steven Warren (AZ) 

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. 2024–03437 Filed 2–20–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2023–0002–N–42] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: Under the Paperwork 

Reduction Act of 1995 (PRA) and its 

implementing regulations, this notice 

announces that FRA is forwarding the 

Information Collection Requests (ICRs) 

summarized below to the Office of 

Management and Budget (OMB) for 

review and comment. These ICRs 

describe the information collection and 

their expected burden. On October 2, 

2023, FRA published a notice providing 

a 60-day period for public comment on 

the two ICRs. FRA received no 

comments related to the proposed 

collections of information. 

DATES: Interested persons are invited to 

submit comments on or before March 

22, 2024. 

ADDRESSES: Written comments and 

recommendations for the proposed ICRs 

should be sent within 30 days of 

publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find the particular ICR by selecting 

‘‘Currently under Review—Open for 

Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Joanne Swafford, Information Collection 

Clearance Officer, at email: 

joanne.swafford@dot.gov or telephone: 

(757) 897–9908 or Ms. Arlette 

Mussington, Information Collection 

Clearance Officer, at email: 

arlette.mussington@dot.gov or 

telephone: (571) 609–1285. 

SUPPLEMENTARY INFORMATION: The PRA, 

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. 

See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 

through 1320.12. On October 2, 2023, 

FRA published a 60-day notice in the 

Federal Register soliciting public 

comments on the ICRs for which it is 

now seeking OMB approval. See 88 FR 

67866. FRA received no comments 

related to the proposed collections of 

information. 

Before OMB decides whether to 

approve the proposed collections of 

information, it must provide 30 days for 

public comment. 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 

Aug. 29, 1995. OMB believes 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, Aug. 29, 1995. 

Therefore, respondents should submit 

their respective comments to OMB 

within 30 days of publication to best 

ensure having their full effect. 

Comments are invited on the 

following ICRs regarding: (1) whether 

the information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

information will have practical utility; 

(2) the accuracy of FRA’s estimates of 

the burden of the information collection 

activities, including the validity of the 

methodology and assumptions used to 

determine the estimates; (3) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (4) ways to minimize the 

burden of information collection 

activities on the public, including the 

use of automated collection techniques 

or other forms of information 

technology. 

The summaries below describe the 

ICRs that FRA will submit for OMB 

clearance as the PRA requires: 

Title: Identification of Railroad Cars. 

OMB Control Number: 2130–0506. 

Abstract: This collection of 

information is associated with 49 CFR 

232.3(d), formerly contained in 

Interstate Commerce Commission (ICC) 

Order 13528. Paragraph (d)(3) of 49 CFR 

232.3 conditionally excepts certain 

export, industrial, and other cars not 

owned by a railroad from part 232 

compliance. It requires cars to be 

identified by a card attached to each 

side of the equipment, signed by the 

shipper, specifically noting that the car 


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