Qualification of Drivers; Exemption Applications; Hearing, 17880-17882 [2021-07078]

Download as PDF 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 VerDate Sep<11>2014 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 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 [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 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 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. E:\FR\FM\06APN1.SGM 06APN1 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 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 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


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