Qualification of Drivers; Exemption Applications; Hearing, 38403-38405 [2021-15379]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices 23629, 84 FR 27688, 84 FR 47047, 84 FR 47057): Charles H. Akers, Jr. (VA) Sava A. Andjelich (IN) Thomas J. Boss (IL) Daniel M. Cannon (OR) Toby L. Carson (TN) John P. Catalano (NJ) Jose S. Chavez (AZ) Brett L. Condon (MD) Stephen L. Cornish (MN) Michael S. Crawford (IL) Jose G. Cruz Romero (TX) Stephen M. Currie (TX) Dudley G. Diebold (CT) Wayne L. Dorbert (PA) Irvin L. Eaddy (SC) Douglas Eamens (NY) Matthew T. Eggers (IA) Marc Enderson (ND) Kelly L. Ewing (PA) Breck L. Falcon (LA) Jevont D. Fells (AL) Raymundo Flores (TX) Jeremy L. Fricke (ND) James P. Gapinski (MN) Dolan A. Gonzalez, Jr. (FL) Peter D. Gouge (IA) Michael D. Greene (VT) Donald L. Hamrick (KS) Zane G. Harvey, Jr. (VA) Billy R. Holdman (IL) James S. Hummel (PA) Ronald D. Jackman II (NV) Alan L. Johnston (IL) Damian Klyza (NJ) Alfred R. Knotts (PA) Kevin R. Lambert (NC) James W. Lappan (KS) Thomas M. Leonard (PA) Terry L. Lipscomb (AL) Collin C. Longacre (PA) Kenny Y. Louie (CA) Phillip L. Mangen (OH) Kenton D. McCullough (VA) Anthony R. Melton (SC) Joshua G. Millican (OH) Stuart W. Penner (KS) Patrick A. Piekkola (WY) Daniel A. Rau (NJ) Donald G. Reed (FL) Richard S. Rehbein (MN) Menno H. Reiff (PA) Jeffrey Ridenhour (AR) Patrick W. Shea (MA) Ranjodh Singh (CA) Jeremichael Steele (NC) Dustin N. Sullivan (MD) Randall S. Surber (WV) Thomas R. Test (VA) Francisco J. Torres (PA) Kevin W. Van Arsdol (CO) Christopher A. Weidner (CT) Gerald L. Wheeler (FL) Don S. Williams (AL) Michael T. Wimber (MT) Rick L. Wood (PA) The drivers were included in docket numbers FMCSA–2000–7363, FMCSA– VerDate Sep<11>2014 17:00 Jul 19, 2021 Jkt 253001 2000–7918, FMCSA–2001–9258, FMCSA–2002–12844, FMCSA–2002– 13411, FMCSA–2003–14504, FMCSA– 2004–18885, FMCSA–2006–25246, FMCSA–2007–27515, FMCSA–2007– 27897, FMCSA–2008–0106, FMCSA– 2008–0266, FMCSA–2008–0292, FMCSA–2008–0340, FMCSA–2008– 0398, FMCSA–2009–0086, FMCSA– 2009–0321, FMCSA–2010–0201, FMCSA–2010–0354, FMCSA–2011– 0024, FMCSA–2011–0057, FMCSA– 2011–0092, FMCSA–2011–0102, FMCSA–2012–0278, FMCSA–2012– 0279, FMCSA–2012–0337, FMCSA– 2012–0338, FMCSA–2012–0339, FMCSA–2013–0024, FMCSA–2014– 0004, FMCSA–2014–0300, FMCSA– 2014–0301, FMCSA–2014–0304, FMCSA–2015–0048, FMCSA–2016– 0029, FMCSA–2016–0207, FMCSA– 2016–0209, FMCSA–2016–0213, FMCSA–2016–0214, FMCSA–2016– 0377, FMCSA–2017–0014, FMCSA– 2017–0017, FMCSA–2017–0018, FMCSA–2018–0006, FMCSA–2018– 0013, FMCSA–2018–0017, FMCSA– 2018–0018, FMCSA–2019–0004, FMCSA–2019–0008, and FMCSA–2019– 0009. Their exemptions are applicable as of July 22, 2021 and will expire on July 22, 2023. As of July 23, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), Bradley J. Kearl (UT) has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (80 FR 35699, 80 FR 48404, 82 FR 33542, 84 FR 47057). This driver was included in docket number FMCSA–2015–0052. The exemption is applicable as of July 23, 2021 and will expire on July 23, 2023. As of July 31, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), Edward Swaggerty, Jr. (OH) has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 24798, 78 FR 46407, 80 FR 36395, 82 FR 33542, 84 FR 47057). This driver was included in docket number FMCSA–2013–0027. The exemption is applicable as of July 31, 2021 and will expire on July 31, 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 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 38403 and objectives of 49 U.S.C. 31136(e) and 31315(b). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2021–15376 Filed 7–19–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0104; 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 three 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 July 12, 2021. The exemptions expire on July 12, 2023. Comments must be received on or before August 19, 2021. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2014–0104, 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–2014–0104, 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, 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 SUMMARY: E:\FR\FM\20JYN1.SGM 20JYN1 38404 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices ‘‘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: khammond on DSKJM1Z7X2PROD with NOTICES I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2014–0104, 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–2014–0104, 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 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 VerDate Sep<11>2014 17:00 Jul 19, 2021 Jkt 253001 number, FMCSA–2014–0104, 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 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 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). PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 The three 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 three applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The three 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 July 12, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following three individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Jason Clark (MO); Stephen DiGiovanna (PA); and Jacob Hamilton (IN). The drivers were included in docket number FMCSA–2014–0104, FMCSA– 2018–0137, or FMCSA–2018–0138. Their exemptions are applicable as of July 12, 2021 and will expire on July 12, 2023. E:\FR\FM\20JYN1.SGM 20JYN1 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices 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 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 three 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 two years unless revoked earlier by FMCSA. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2021–15379 Filed 7–19–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration khammond on DSKJM1Z7X2PROD with NOTICES [Docket No. FMCSA–2021–0006] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt seven individuals SUMMARY: VerDate Sep<11>2014 17:00 Jul 19, 2021 Jkt 253001 38405 from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: The exemptions were applicable on June 8, 2021. The exemptions expire on June 8, 2023. 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: and requested comments from the public (86 FR 24436). The public comment period ended on June 7, 2021, and two comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(10). The physical qualification standard for drivers regarding vision found in § 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. I. Public Participation FMCSA received two comments in this proceeding. The Minnesota Department of Public Safety submitted a comment in support of the Agency’s decision to grant an exemption to Troy T. Driscoll. John Fontano submitted a comment requesting assistance related to the vision exemption program. FMCSA has contacted the individual to provide assistance. A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2021–0006, 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 Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Dockets Operations. B. Privacy Act In accordance with 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 May 6, 2021, FMCSA published a notice announcing receipt of applications from seven individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 III. Discussion of Comments IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the FMCSRs for no longer than a 5-year period if it finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The 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 Agency’s decision regarding these exemption applications is based on medical reports about the applicants’ vision, as well as their driving records and experience driving with the vision deficiency. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the May 6, 2021, Federal Register notice (86 FR 24436) and will not be repeated here. E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38403-38405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15379]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0104; 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 three 
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 July 12, 2021. The exemptions 
expire on July 12, 2023. Comments must be received on or before August 
19, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0104, 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-2014-0104, 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, 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

[[Page 38404]]

``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-2014-0104, 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-2014-0104, 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 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-2014-0104, 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 three 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 
three applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The three 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 July 12, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:
    Jason Clark (MO); Stephen DiGiovanna (PA); and Jacob Hamilton (IN).
    The drivers were included in docket number FMCSA-2014-0104, FMCSA-
2018-0137, or FMCSA-2018-0138. Their exemptions are applicable as of 
July 12, 2021 and will expire on July 12, 2023.

[[Page 38405]]

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 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 three 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 two 
years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-15379 Filed 7-19-21; 8:45 am]
BILLING CODE 4910-EX-P
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