Qualification of Drivers; Exemption Applications; Hearing, 32308-32310 [2021-12809]

Download as PDF 32308 Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Notices TABLE 2—CALIFORNIA/IOWA—DESIGNATED NRHM ROUTES—Continued Designation date Route order Route description Designation(s) (A,B, I,P) 07/18/88 ......... A3A–1.0 ......... P 07/18/88 ......... A3B–2.0 ......... 07/18/88 ......... A3B–3.0 ......... 07/18/88 ......... A4B–1.0 ......... Interstate 880 from Interstate 80 to Interstate 29 [Used in lieu of I–29 in the Council Bluffs area per 49 CFR 397.103(b)]. Interstate 35 from Minnesota to Missouri [Stay on I–35/I–80 in lieu of I–235 in the Des Moines area per 49 CFR 397.103(b)]. Interstate 280 from Interstate 80 to Illinois [Use I–280 or I–80 in the Quad Cities area.]. Interstate 29 from Nebraska to Interstate 880 [I–80 and I–880 are used in lieu of I–29 in the Council Bluffs area when heading North/South per 49 CFR 397.103(b)]. End of Revisions to the National Hazardous Materials Route Registry. Meera Joshi, Deputy Administrator. [FR Doc. 2021–12805 Filed 6–16–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0123; FMCSA–2013–0124; FMCSA–2013–0125; FMCSA–2014–0102; FMCSA–2014–0104; FMCSA–2014–0106; FMCSA–2014–0107; FMCSA–2014–0383; FMCSA–2015–0326; FMCSA–2017–0058; FMCSA–2018–0137; FMCSA–2018–0138] 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 28 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 June 17, 2021. The exemptions expire on June 17, 2023. Comments must be received on or before July 19, 2021. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2013–0123, Docket No. FMCSA–2013–0124, Docket No. FMCSA–2013–0125, Docket No. FMCSA–2014–0102, Docket No. FMCSA–2014–0104, Docket No. FMCSA–2014–0106, Docket No. FMCSA–2014–0107, Docket No. FMCSA–2014–0383, Docket No. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:41 Jun 16, 2021 Jkt 253001 FMCSA–2015–0326, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0137, or Docket No. FMCSA–2018–0138 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2013–0123, FMCSA– 2013–0124, FMCSA–2013–0125, FMCSA–2014–0102, FMCSA–2014– 0104, FMCSA–2014–0106, FMCSA– 2014–0107, FMCSA–2014–0383, FMCSA–2015–0326, FMCSA–2017– 0058, FMCSA–2018–0137, or FMCSA– 2018–0138 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, 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, DOT, 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: PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 FMCSA QA comment P P P I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2013–0123, Docket No. FMCSA–2013–0124, Docket No. FMCSA–2013–0125, Docket No. FMCSA–2014–0102, Docket No. FMCSA–2014–0104, Docket No. FMCSA–2014–0106, Docket No. FMCSA–2014–0107, Docket No. FMCSA–2014–0383, Docket No. FMCSA–2015–0326, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0137, or Docket No. FMCSA–2018–0138), 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/, insert the docket number, FMCSA–2013–0123, FMCSA– 2013–0124, FMCSA–2013–0125, FMCSA–2014–0102, FMCSA–2014– 0104, FMCSA–2014–0106, FMCSA– 2014–0107, FMCSA–2014–0383, FMCSA–2015–0326, FMCSA–2017– 0058, FMCSA–2018–0137, or FMCSA– 2018–0138 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 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit E:\FR\FM\17JNN1.SGM 17JNN1 Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Notices 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–2013–0123, FMCSA– 2013–0124, FMCSA–2013–0125, FMCSA–2014–0102, FMCSA–2014– 0104, FMCSA–2014–0106, FMCSA– 2014–0107, FMCSA–2014–0383, FMCSA–2015–0326, FMCSA–2017– 0058, FMCSA–2018–0137, or FMCSA– 2018–0138 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. lotter on DSK11XQN23PROD with NOTICES1 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 physical qualification standard for drivers regarding hearing found in 49 CFR 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 VerDate Sep<11>2014 18:41 Jun 16, 2021 Jkt 253001 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). The 28 individuals listed in this notice have requested renewal of their exemptions from the hearing standard in § 391.41(b)(11), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable 2-year period. III. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b), FMCSA will take immediate steps to revoke the exemption of a driver. IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 28 applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The 28 drivers in this notice remain in good standing with the Agency. In addition, for Commercial Driver’s License (CDL) holders, the Commercial Driver’s License Information System and the Motor Carrier Management Information System are searched for crash and violation data. For non-CDL holders, the Agency reviews the driving records from the State Driver’s Licensing Agency. These factors provide an adequate basis for predicting each driver’s ability to continue to safely operate a CMV in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each of these drivers for a period of 2 years is likely to achieve a level of safety equal to that existing without the exemption. As of June 17, 2021, and in accordance with 49 U.S.C. 31136(e) and PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 32309 31315(b), the following 28 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Selwyn Abrahamson (MN) Kevin Ballard (TX) Robert M. Benner (OH) Courtney Bertling (OR) Tonya Bland (PA) Conley Bowling (KY) Shawn Carico (TN) Thomas M. Carr (PA) Jason M. Clark (MO) Herbert Crowe (MO) Byron Davis (TX) Mark Dickson (TX) Jacob Gadreault (MA) Timothy Gallagher (PA) David Garland (ME) Lane Grover (IN) Gregory Hill (MS) Thomas Lipyanic (FL) Billie Jo Martinez (TX) Jonathan A. Muhm (CA) Charles Pitt (AL) David Shores (NC) Sandy Sloat (TX) Kirk Soneson (OH) James Thomason (MO) Ramarr Wadley (PA) Jeffrey Webber (OK) Richard Whittaker (FL) The drivers were included in docket number FMCSA–2013–0123, FMCSA– 2013–0124, FMCSA–2013–0125, FMCSA–2014–0102, FMCSA–2014– 0104, FMCSA–2014–0106, FMCSA– 2014–0107, FMCSA–2014–0383, FMCSA–2015–0326, FMCSA–2017– 0058, FMCSA–2018–0137, or FMCSA– 2018–0138. Their exemptions are applicable as of June 17, 2021 and will expire on June 17, 2023. V. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must report any crashes or accidents as defined in § 390.5; and (2) report all citations and convictions for disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and (3) each driver 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. Each exemption will be valid for 2 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the E:\FR\FM\17JNN1.SGM 17JNN1 32310 Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Notices exemption has resulted 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 objectives of 49 U.S.C. 31136(e) and 31315(b). 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 28 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in § 391.41(b)(11). In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for 2 years unless revoked earlier by FMCSA. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2021–12809 Filed 6–16–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2021–0114] Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: REEL BLUE (Motor Vessel); Invitation for Public Comments Maritime Administration, Transportation (DOT). ACTION: Notice. AGENCY: The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to issue coastwise endorsement eligibility determinations for foreign-built vessels which will carry no more than twelve passengers for hire. A request for such a determination has been received by MARAD. By this notice, MARAD seeks comments from interested parties as to any effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. Information about the requestor’s vessel, including a brief description of the proposed service, is listed below. DATES: Submit comments on or before July 19, 2021. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2021–0114 by any one of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Search lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:41 Jun 16, 2021 Jkt 253001 MARAD–2021–0114 and follow the instructions for submitting comments. • Mail or Hand Delivery: Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is: U.S. Department of Transportation, MARAD–2021–0114, 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. Note: If you mail or hand-deliver your comments, we recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. Instructions: All submissions received must include the agency name and specific docket number. All comments received will be posted without change to the docket at www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments, see the section entitled Public Participation. FOR FURTHER INFORMATION CONTACT: James Mead, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–459, Washington, DC 20590. Telephone 202– 366–5723, Email James.Mead@dot.gov. SUPPLEMENTARY INFORMATION: As described in the application, the intended service of the vessel REEL BLUE is: —Intended Commercial Use of Vessel: ‘‘Sightseeing tours, wedding party transport, local fishing charters, not for resale’’ —Geographic Region Including Base of Operations: ‘‘South Carolina).’’ (Base of Operations: Charleston, SC) —Vessel Length and Type: 30′ Motor Vessel The complete application is available for review identified in the DOT docket as MARAD 2021–0114 at https:// www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the employment of the vessel in the coastwise trade to carry no more than 12 passengers will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, MARAD will not issue an approval of the vessel’s coastwise PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 endorsement eligibility. Comments should refer to the vessel name, state the commenter’s interest in the application, and address the eligibility criteria given in section 388.4 of MARAD’s regulations at 46 CFR part 388. Public Participation How do I submit comments? Please submit your comments, including the attachments, following the instructions provided under the above heading entitled ADDRESSES. Be advised that it may take a few hours or even days for your comment to be reflected on the docket. In addition, your comments must be written in English. We encourage you to provide concise comments and you may attach additional documents as necessary. There is no limit on the length of the attachments. Where do I go to read public comments, and find supporting information? Go to the docket online at https:// www.regulations.gov, keyword search MARAD–2021–0114 or visit the Docket Management Facility (see ADDRESSES for hours of operation). We recommend that you periodically check the Docket for new submissions and supporting material. Will my comments be made available to the public? Yes. Be aware that your entire comment, including your personal identifying information, will be made publicly available. May I submit comments confidentially? If you wish to submit comments under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Department of Transportation, Maritime Administration, Office of Legislation and Regulations, MAR–225, W24–220, 1200 New Jersey Avenue SE, Washington, DC 20590. Include a cover letter setting forth with specificity the basis for any such claim and, if possible, a summary of your submission that can be made available to the public. 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, to www.regulations.gov, as described in the system of records notice, DOT/ALL–14 FDMS, accessible through www.dot.gov/privacy. To facilitate comment tracking and response, we encourage commenters to E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Notices]
[Pages 32308-32310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12809]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0123; FMCSA-2013-0124; FMCSA-2013-0125; FMCSA-
2014-0102; FMCSA-2014-0104; FMCSA-2014-0106; FMCSA-2014-0107; FMCSA-
2014-0383; FMCSA-2015-0326; FMCSA-2017-0058; FMCSA-2018-0137; FMCSA-
2018-0138]


Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions for 28 
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 June 17, 2021. The exemptions 
expire on June 17, 2023. Comments must be received on or before July 
19, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0123, Docket No. FMCSA-
2013-0124, Docket No. FMCSA-2013-0125, Docket No. FMCSA-2014-0102, 
Docket No. FMCSA-2014-0104, Docket No. FMCSA-2014-0106, Docket No. 
FMCSA-2014-0107, Docket No. FMCSA-2014-0383, Docket No. FMCSA-2015-
0326, Docket No. FMCSA-2017-0058, Docket No. FMCSA-2018-0137, or Docket 
No. FMCSA-2018-0138 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2013-0123, FMCSA-2013-0124, FMCSA-2013-
0125, FMCSA-2014-0102, FMCSA-2014-0104, FMCSA-2014-0106, FMCSA-2014-
0107, FMCSA-2014-0383, FMCSA-2015-0326, FMCSA-2017-0058, FMCSA-2018-
0137, or FMCSA-2018-0138 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, 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, [email protected], FMCSA, 
DOT, 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-2013-0123, Docket No. FMCSA-2013-0124, Docket 
No. FMCSA-2013-0125, Docket No. FMCSA-2014-0102, Docket No. FMCSA-2014-
0104, Docket No. FMCSA-2014-0106, Docket No. FMCSA-2014-0107, Docket 
No. FMCSA-2014-0383, Docket No. FMCSA-2015-0326, Docket No. FMCSA-2017-
0058, Docket No. FMCSA-2018-0137, or Docket No. FMCSA-2018-0138), 
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/, insert 
the docket number, FMCSA-2013-0123, FMCSA-2013-0124, FMCSA-2013-0125, 
FMCSA-2014-0102, FMCSA-2014-0104, FMCSA-2014-0106, FMCSA-2014-0107, 
FMCSA-2014-0383, FMCSA-2015-0326, FMCSA-2017-0058, FMCSA-2018-0137, or 
FMCSA-2018-0138 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

[[Page 32309]]

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-2013-0123, FMCSA-2013-0124, FMCSA-2013-0125, FMCSA-2014-
0102, FMCSA-2014-0104, FMCSA-2014-0106, FMCSA-2014-0107, FMCSA-2014-
0383, FMCSA-2015-0326, FMCSA-2017-0058, FMCSA-2018-0137, or FMCSA-2018-
0138 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.

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 physical qualification standard for drivers regarding hearing 
found in 49 CFR 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).
    The 28 individuals listed in this notice have requested renewal of 
their exemptions from the hearing standard in Sec.  391.41(b)(11), in 
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits and decided to extend 
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the 
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 28 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The 28 drivers in this notice 
remain in good standing with the Agency. In addition, for Commercial 
Driver's License (CDL) holders, the Commercial Driver's License 
Information System and the Motor Carrier Management Information System 
are searched for crash and violation data. For non-CDL holders, the 
Agency reviews the driving records from the State Driver's Licensing 
Agency. These factors provide an adequate basis for predicting each 
driver's ability to continue to safely operate a CMV in interstate 
commerce. Therefore, FMCSA concludes that extending the exemption for 
each of these drivers for a period of 2 years is likely to achieve a 
level of safety equal to that existing without the exemption.
    As of June 17, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following 28 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

Selwyn Abrahamson (MN)
Kevin Ballard (TX)
Robert M. Benner (OH)
Courtney Bertling (OR)
Tonya Bland (PA)
Conley Bowling (KY)
Shawn Carico (TN)
Thomas M. Carr (PA)
Jason M. Clark (MO)
Herbert Crowe (MO)
Byron Davis (TX)
Mark Dickson (TX)
Jacob Gadreault (MA)
Timothy Gallagher (PA)
David Garland (ME)
Lane Grover (IN)
Gregory Hill (MS)
Thomas Lipyanic (FL)
Billie Jo Martinez (TX)
Jonathan A. Muhm (CA)
Charles Pitt (AL)
David Shores (NC)
Sandy Sloat (TX)
Kirk Soneson (OH)
James Thomason (MO)
Ramarr Wadley (PA)
Jeffrey Webber (OK)
Richard Whittaker (FL)

    The drivers were included in docket number FMCSA-2013-0123, FMCSA-
2013-0124, FMCSA-2013-0125, FMCSA-2014-0102, FMCSA-2014-0104, FMCSA-
2014-0106, FMCSA-2014-0107, FMCSA-2014-0383, FMCSA-2015-0326, FMCSA-
2017-0058, FMCSA-2018-0137, or FMCSA-2018-0138. Their exemptions are 
applicable as of June 17, 2021 and will expire on June 17, 2023.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must report any crashes or accidents as defined in 
Sec.  390.5; and (2) report all citations and convictions for 
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and 
(3) each driver 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. Each exemption will be valid for 2 years 
unless rescinded earlier by FMCSA. The exemption will be rescinded if: 
(1) The person fails to comply with the terms and conditions of the 
exemption; (2) the

[[Page 32310]]

exemption has resulted 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 objectives of 49 U.S.C. 31136(e) and 
31315(b).

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 28 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the hearing 
requirement in Sec.  391.41(b)(11). In accordance with 49 U.S.C. 
31136(e) and 31315(b), each exemption will be valid for 2 years unless 
revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-12809 Filed 6-16-21; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.