Qualification of Drivers; Exemption Applications; Hearing, 17880-17882 [2021-07078]
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khammond on DSKJM1Z7X2PROD with NOTICES
17880
Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Notices
listed in this notice are in this category.
They are unable to meet the vision
requirement in one eye for various
reasons, including amblyopia, complete
loss of vision, corneal scarring,
prosthesis, and retinal detachment. In
most cases, their eye conditions did not
develop recently. Eight of the applicants
were either born with their vision
impairments or have had them since
childhood. The three individuals that
developed their vision conditions as
adults have had them for a range of 9
to 38 years. Although each applicant has
one eye that does not meet the vision
requirement in § 391.41(b)(10), each has
at least 20/40 corrected vision in the
other eye, and, in a doctor’s opinion,
has sufficient vision to perform all the
tasks necessary to operate a CMV.
Doctors’ opinions are supported by
the applicants’ possession of a valid
license to operate a CMV. By meeting
State licensing requirements, the
applicants demonstrated their ability to
operate a CMV with their limited vision
in intrastate commerce, even though
their vision disqualified them from
driving in interstate commerce. We
believe that the applicants’ intrastate
driving experience and history provide
an adequate basis for predicting their
ability to drive safely in interstate
commerce. Intrastate driving, like
interstate operations, involves
substantial driving on highways on the
interstate system and on other roads
built to interstate standards. Moreover,
driving in congested urban areas
exposes the driver to more pedestrian
and vehicular traffic than exists on
interstate highways. Faster reaction to
traffic and traffic signals is generally
required because distances between
them are more compact. These
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions.
The applicants in this notice have
driven CMVs with their limited vision
in careers ranging from 3 to 50 years. In
the past three years, no drivers were
involved in crashes, and no drivers were
convicted of moving violations in
CMVs. All the applicants achieved a
record of safety while driving with their
vision impairment that demonstrates the
likelihood that they have adapted their
driving skills to accommodate their
condition. As the applicants’ ample
driving histories with their vision
deficiencies are good predictors of
future performance, FMCSA concludes
their ability to drive safely can be
projected into the future.
Consequently, FMCSA finds that in
each case exempting these applicants
from the vision requirement in
§ 391.41(b)(10) is likely to achieve a
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17:34 Apr 05, 2021
Jkt 253001
level of safety equal to that existing
without the exemption.
and objectives of 49 U.S.C. 31136(e) and
31315(b).
V. Conditions and Requirements
Larry W. Minor,
Associate Administrator for Policy.
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must be physically examined
every year (a) by an ophthalmologist or
optometrist who attests that the vision
in the better eye continues to meet the
standard in § 391.41(b)(10) and (b) by a
certified medical examiner (ME) who
attests that the individual is otherwise
physically qualified under § 391.41; (2)
each driver must provide a copy of the
ophthalmologist’s or optometrist’s
report to the ME at the time of the
annual medical examination; and (3)
each driver must provide a copy of the
annual medical certification to the
employer for retention in the driver’s
qualification file, or keep a copy in his/
her driver’s qualification file if he/she is
self-employed. The driver must also
have a copy of the exemption when
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official.
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
vision requirement, § 391.41(b)(10),
subject to the requirements cited above:
Antonio R. Barros (NY)
Robert D. Boudreau (AZ)
Doris J. Goldsmith (KY)
Todd C. Kraese (IN)
Kathy A. Mason (TX)
Luke A. Perry (VT)
Percy C. Robinson (AL)
Harvinder S. Sahota (CA)
Michael J. Wells (NC)
Dennis C. Welpe (TX)
Kevin D. White (TX)
In accordance with 49 U.S.C. 31136(e)
and 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
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[FR Doc. 2021–07079 Filed 4–5–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0013]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 17 individuals for an
exemption from the hearing requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions would enable these hard of
hearing and deaf individuals to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before May 6, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2021–0013 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2021–0013, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ 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, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 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
SUMMARY:
E:\FR\FM\06APN1.SGM
06APN1
Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Notices
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 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
khammond on DSKJM1Z7X2PROD with NOTICES
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2021–0013),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
www.regulations.gov/
docket?D=FMCSA–2021–0013. Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
click the ‘‘Comment’’ button, and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–2021–0013, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ 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 Room W12–140
on the ground floor of the DOT West
VerDate Sep<11>2014
17:34 Apr 05, 2021
Jkt 253001
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.
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
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 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
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
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The 17 individuals listed in this
notice have requested an exemption
from the hearing requirement in 49 CFR
391.41(b)(11). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
the exemption will achieve the required
level of safety mandated by statute.
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 (April 22, 1970) and 36 FR
12857 (July 3, 1971).
On February 1, 2013, FMCSA
announced in a Notice of Final
Disposition titled, ‘‘Qualification of
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17881
Drivers; Application for Exemptions;
National Association of the Deaf,’’ (78
FR 7479), its decision to grant requests
from 40 individuals for exemptions
from the Agency’s physical qualification
standard concerning hearing for
interstate CMV drivers. Since that time
the Agency has published additional
notices granting requests from hard of
hearing and deaf individuals for
exemptions from the Agency’s physical
qualification standard concerning
hearing for interstate CMV drivers.
III. Qualifications of Applicants
Timothy Allen
Mr. Allen, 36, holds a class E license
on Louisiana.
David Blough
Mr. Blough, 59, holds an operator’s
license in Indiana.
Adrian Crutchfield
Mr. Crutchfield, 39, holds a class F
license in Missouri.
Frederick Fleetwood
Mr. Fleetwood, 48, holds a class C
license in North Carolina.
Hunter Flower
Mr. Flower, 19, holds an operator’s
license in Michigan.
Christopher Gilmore
Mr. Gilmore, 36, holds a class C
license in Texas.
Jeffrey Haley
Mr. Haley, 54, holds a class A license
in Minnesota.
Jorge Hernandez
Mr. Hernandez, 31, holds a class C
license in Texas.
Kelvin Jarman
Mr. Jarman, 64, holds a class B license
in Illinois.
Elizabeth Keyes
Ms. Keyes, 55, holds a class D license
in Minnesota.
Ted McCracken
Mr. McCracken, 57, holds a class C
license in Oregon.
Mitchell Moers
Mr. Moers, 57, holds a class E license
in Florida.
Christopher Ramaza-Cruz
Mr. Ramaza-Cruz, 26, holds a class D
license in Connecticut.
Nico Ruiz
Mr. Ruiz, 29, holds a class C license
in California.
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17882
Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Notices
Thomas Sitzman
Mr. Sitzman, 68, holds a class B
license in Ohio.
Susana Valenzuela
Ms. Valenzuela, 28, holds a class C
license in California.
Michael Woodberry
Mr. Woodberry, 54, holds a class D
license in New Jersey.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
under the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–07078 Filed 4–5–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0121; FMCSA–
2014–0103; FMCSA–2014–0105; FMCSA–
2014–0106; FMCSA–2014–0107; FMCSA–
2014–0385; FMCSA–2015–0327; FMCSA–
2015–0329; FMCSA–2016–0002; FMCSA–
2018–0137]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 15
individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for
interstate commercial motor vehicle
(CMV) drivers. The exemptions enable
these hard of hearing and deaf
individuals to continue to operate CMVs
in interstate commerce.
DATES: The exemptions are applicable
on April 21, 2021. The exemptions
expire on April 21, 2023. Comments
must be received on or before May 6,
2021.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2013–0121, Docket No.
FMCSA–2014–0103, Docket No.
FMCSA–2014–0105, Docket No.
ADDRESSES:
VerDate Sep<11>2014
17:34 Apr 05, 2021
Jkt 253001
FMCSA–2014–0106, Docket No.
FMCSA–2014–0107, Docket No.
FMCSA–2014–0385, Docket No.
FMCSA–2015–0327, Docket No.
FMCSA–2015–0329, Docket No.
FMCSA–2016–0002, or Docket No.
FMCSA–2018–0137 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2013–0121, FMCSA–
2014–0103, FMCSA–2014–0105,
FMCSA–2014–0106, FMCSA–2014–
0107, FMCSA–2014–0385, FMCSA–
2015–0327, FMCSA–2015–0329,
FMCSA–2016–0002, or FMCSA–2018–
0137 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, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 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, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. 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. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2013–0121,
Docket No. FMCSA–2014–0103, Docket
No. FMCSA–2014–0105, Docket No.
FMCSA–2014–0106, Docket No.
FMCSA–2014–0107, Docket No.
FMCSA–2014–0385, Docket No.
FMCSA–2015–0327, Docket No.
FMCSA–2015–0329, Docket No.
FMCSA–2016–0002, or Docket No.
FMCSA–2018–0137), indicate the
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Frm 00116
Fmt 4703
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specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so that FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov/, insert the docket
number, FMCSA–2013–0121, FMCSA–
2014–0103, FMCSA–2014–0105,
FMCSA–2014–0106, FMCSA–2014–
0107, FMCSA–2014–0385, FMCSA–
2015–0327, FMCSA–2015–0329,
FMCSA–2016–0002, or FMCSA–2018–
0137 in the keyword box, and click
‘‘Search.’’. Next, sort the results by
‘‘Posted (Newer-Older),’’ choose the first
notice listed, click the ‘‘Comment’’
button, and type your comment into the
text box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 8 1/2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–2013–0121, FMCSA–
2014–0103, FMCSA–2014–0105,
FMCSA–2014–0106, FMCSA–2014–
0107, FMCSA–2014–0385, FMCSA–
2015–0327, FMCSA–2015–0329,
FMCSA–2016–0002, or FMCSA–2018–
0137 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 in
Room W12–140 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.
E:\FR\FM\06APN1.SGM
06APN1
Agencies
[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17880-17882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07078]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0013]
Qualification of Drivers; Exemption Applications; Hearing
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 17 individuals
for an exemption from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions would
enable these hard of hearing and deaf individuals to operate CMVs in
interstate commerce.
DATES: Comments must be received on or before May 6, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0013 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0013, 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,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
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
[[Page 17881]]
Programs Division, (202) 366-4001, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 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. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0013), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
To submit your comment online, go to www.regulations.gov/docket?D=FMCSA-2021-0013. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Comments
To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0013, 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 in Room W12-140 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.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. 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 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
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 statute also allows 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 17 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding hearing
found in Sec. 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 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
On February 1, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Application for
Exemptions; National Association of the Deaf,'' (78 FR 7479), its
decision to grant requests from 40 individuals for exemptions from the
Agency's physical qualification standard concerning hearing for
interstate CMV drivers. Since that time the Agency has published
additional notices granting requests from hard of hearing and deaf
individuals for exemptions from the Agency's physical qualification
standard concerning hearing for interstate CMV drivers.
III. Qualifications of Applicants
Timothy Allen
Mr. Allen, 36, holds a class E license on Louisiana.
David Blough
Mr. Blough, 59, holds an operator's license in Indiana.
Adrian Crutchfield
Mr. Crutchfield, 39, holds a class F license in Missouri.
Frederick Fleetwood
Mr. Fleetwood, 48, holds a class C license in North Carolina.
Hunter Flower
Mr. Flower, 19, holds an operator's license in Michigan.
Christopher Gilmore
Mr. Gilmore, 36, holds a class C license in Texas.
Jeffrey Haley
Mr. Haley, 54, holds a class A license in Minnesota.
Jorge Hernandez
Mr. Hernandez, 31, holds a class C license in Texas.
Kelvin Jarman
Mr. Jarman, 64, holds a class B license in Illinois.
Elizabeth Keyes
Ms. Keyes, 55, holds a class D license in Minnesota.
Ted McCracken
Mr. McCracken, 57, holds a class C license in Oregon.
Mitchell Moers
Mr. Moers, 57, holds a class E license in Florida.
Christopher Ramaza-Cruz
Mr. Ramaza-Cruz, 26, holds a class D license in Connecticut.
Nico Ruiz
Mr. Ruiz, 29, holds a class C license in California.
[[Page 17882]]
Thomas Sitzman
Mr. Sitzman, 68, holds a class B license in Ohio.
Susana Valenzuela
Ms. Valenzuela, 28, holds a class C license in California.
Michael Woodberry
Mr. Woodberry, 54, holds a class D license in New Jersey.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-07078 Filed 4-5-21; 8:45 am]
BILLING CODE 4910-EX-P