Qualification of Drivers; Exemption Applications; Hearing, 28433-28434 [2021-11110]

Download as PDF Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices the decision whether that person’s condition is likely to cause the loss of consciousness or loss of ability to control a CMV should be made on an individual basis by the ME in consultation with the treating physician. Before certification is considered, it is suggested that a 6-month waiting period elapse from the time of the episode. Following the waiting period, it is suggested that the individual have a complete neurological examination. If the results of the examination are negative and anti-seizure medication is not required, then the driver may be qualified. In those individual cases where a driver has had a seizure or an episode of loss of consciousness that resulted from a known medical condition (e.g., drug reaction, high temperature, acute infectious disease, dehydration, or acute metabolic disturbance), certification should be deferred until the driver has recovered fully from that condition, has no existing residual complications, and is not taking anti-seizure medication. Drivers who have a history of epilepsy/seizures, off anti-seizure medication and seizure-free for 10 years, may be qualified to operate a CMV in interstate commerce. Interstate drivers with a history of a single unprovoked seizure may be qualified to drive a CMV in interstate commerce if seizure-free and off anti-seizure medication for a 5year period or more. As a result of MEs misinterpreting advisory criteria as regulation, numerous drivers have been prohibited from operating a CMV in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified ME based on the physical qualification standards and medical best practices. On January 15, 2013, FMCSA announced in a Notice of Final Disposition titled, ‘‘Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders,’’ (78 FR 3069), its decision to grant requests from 22 individuals for exemptions from the regulatory requirement that interstate 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.’’ Since that time, the Agency has published additional notices granting requests from individuals for exemptions from the regulatory requirement regarding epilepsy found in § 391.41(b)(8). To be considered for an exemption from the epilepsy and seizure disorders VerDate Sep<11>2014 20:00 May 25, 2021 Jkt 253001 28433 prohibition in § 391.41(b)(8), applicants must meet the criteria in the 2007 recommendations of the Agency’s Medical Expert Panel (78 FR 3069). DEPARTMENT OF TRANSPORTATION III. Qualifications of Applicants [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] Angela Camarco Ms. Camarco is a 62-year old class D license holder in Connecticut. She has a history of focal seizures and has been seizure free since May 2004. She takes anti-seizure medication with the dosage and frequency remaining the same since 1995. Her physician states she is supportive of Ms. Camarco receiving an exemption. Wesley Campbell Thomas Frederick Mr. Frederick is a 26-year old class A license holder in Pennsylvania. He had a single unprovoked seizure in May 2015. He takes anti-seizure medication with the dosage and frequency remaining the same since May 2015. His physician states he is supportive of Mr. Frederick receiving an exemption. 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. 2021–11112 Filed 5–25–21; 8:45 am] BILLING CODE 4910–EX–P Frm 00105 Fmt 4703 Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. 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 were applicable on April 21, 2021. The exemptions expire on April 21, 2023. 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: SUMMARY: Mr. Campbell is a 28-year old class C license holder in California. He has a history of epilepsy and has been seizure free since October 2011. He takes antiseizure medication with the dosage and frequency remaining the same since 2017. His physician states he is supportive of Mr. Campbell receiving an exemption. PO 00000 Federal Motor Carrier Safety Administration Sfmt 4703 I. Public Participation A. 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., E:\FR\FM\26MYN1.SGM 26MYN1 28434 Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices 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 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 On April 6, 2021, FMCSA published a notice announcing its decision to renew exemptions for 15 individuals from the hearing standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested comments from the public (86 FR 17882). The public comment period ended on May 6, 2021, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety 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 (April 22, 1970) and 36 FR 12857 (July 3, 1971). III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based upon its evaluation of the 15 renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41(b)(11). VerDate Sep<11>2014 20:00 May 25, 2021 Jkt 253001 As of April 21, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 15 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (86 FR 17882): Maurice N. Abenchuchan (FL) Ron Adkins (MO) Prince K. Bempong (TX) Keith Byrd (TN) Perry Cobb (TN) Kevin Dent (MS) Nathaniel Godfrey (KY) Daniel Grossinger (MD) Dwayne Johnson (IL) Paul Langlois (OH) Reynaldo Martinez (TX) Floyd McClain (OH) Brian Peek (GA) Lon E. Smith (MS) John Turner, III (CO) The drivers were included in 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. Their exemptions were applicable as of April 21, 2021, and will expire on April 21, 2023. 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. 2021–11110 Filed 5–25–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2021–0022] Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System Under part 235 of title 49 Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this document provides the public notice that on January 31, 2021, the Belt Railway Company of Chicago (BRC) petitioned the Federal Railroad Administration (FRA) seeking approval PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 to discontinue or modify a signal system. FRA assigned the petition Docket Number FRA–2021–0022. Specifically, BRC requests permission to make permanent modifications to multiple locations on its 59th Street Line between milepost (MP) 3.10F, Narragansett, and MP 0.0F, 55th Street. The modifications will include the removal of an interlocking plant, modification of an interlocking’s configuration, and installation of new intermediate signals located on BRC’s Kenton Line at MP 6.7. BRC states that the removal of these signals will eliminate superfluous signals with a commensurate reduction in the cost of maintenance. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Website: http://www.regulations. gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation (DOT), 1200 New Jersey Ave. SE, W12– 140, Washington, DC 20590. Communications received by July 12, 2021 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. 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 https:// E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Notices]
[Pages 28433-28434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11110]


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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

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of final disposition.

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SUMMARY: 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 were applicable on April 21, 2021. The exemptions 
expire on April 21, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical 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 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-2013-0121, 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.,

[[Page 28434]]

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 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

    On April 6, 2021, FMCSA published a notice announcing its decision 
to renew exemptions for 15 individuals from the hearing standard in 49 
CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested 
comments from the public (86 FR 17882). The public comment period ended 
on May 6, 2021, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions would achieve a level of 
safety equivalent to, or greater than, the level that would be achieved 
by complying with Sec.  391.41(b)(11).
    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).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 15 renewal exemption applications, 
FMCSA announces its decision to exempt the following drivers from the 
hearing requirement in Sec.  391.41(b)(11).
    As of April 21, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following 15 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (86 FR 17882):

Maurice N. Abenchuchan (FL)
Ron Adkins (MO)
Prince K. Bempong (TX)
Keith Byrd (TN)
Perry Cobb (TN)
Kevin Dent (MS)
Nathaniel Godfrey (KY)
Daniel Grossinger (MD)
Dwayne Johnson (IL)
Paul Langlois (OH)
Reynaldo Martinez (TX)
Floyd McClain (OH)
Brian Peek (GA)
Lon E. Smith (MS)
John Turner, III (CO)

    The drivers were included in 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. Their exemptions were applicable as of April 21, 2021, and 
will expire on April 21, 2023.
    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. 2021-11110 Filed 5-25-21; 8:45 am]
BILLING CODE 4910-EX-P