Qualification of Drivers; Exemption Applications; Hearing, 66385-66387 [2021-25378]

Download as PDF Federal Register / Vol. 86, No. 222 / Monday, November 22, 2021 / Notices N Central Avenue, Suite 1500, Phoenix, Arizona 85012; telephone: (602) 382– 8973 email: Aryan.lirange@dot.gov. The FHWA Arizona Division normal business hours are 7:30 a.m. to 4 p.m. (Mountain Standard Time). You may also contact: Ms. Rebecca Yedlin, Environmental Coordinator, FOR FURTHER INFORMATION CONTACT Federal Highway Administration, 4000 section. N Central Avenue, Suite 1500, Phoenix, The FAA is not accepting oral Arizona 85012; telephone: (602) 382– presentations at this meeting due to 8979, email: Rebecca.yedlin@dot.gov. time constraints. Any member of the SUPPLEMENTARY INFORMATION: Notice is public may present a written statement hereby given that FHWA and other to the committee at any time by Federal agencies have taken final agency providing a copy to the Designated actions by issuing licenses, permits, and Federal Officer via the email listed in approvals for the following project in the FOR FURTHER INFORMATION CONTACT the State of Arizona: I–11, Nogales to section. Wickenburg. The actions by FHWA and Issued in Washington, DC. other relevant Federal agencies and the Timothy R. Adams, laws under which such actions were taken, are described in the Tier 1 Draft Acting Executive Director, Office of Rulemaking. EIS approved on March 19, 2019, Tier 1 Final Tier 1 EIS approved on June, 24, [FR Doc. 2021–25391 Filed 11–19–21; 8:45 am] 2021, in the ROD issued on November BILLING CODE 4910–13–P 15, 2021, and in other documents in the project file. Project decision documents DEPARTMENT OF TRANSPORTATION are available online at: https:// www.i11study.com/Arizona/. This Federal Highway Administration notice applies to all Federal agency decisions as of the issuance date of this Notice of Final Federal Agency Actions notice and all laws under which such on the Interstate-11 (I–11), Nogales to actions were taken, including but not Wickenburg, in Santa Cruz, Pima, limited to: National Environmental Pinal, Maricopa and Yavapai Counties, Policy Act (NEPA) [42 U.S.C. 4321 et AZ seq.]; Federal-Aid Highway Act [23 U.S.C. 101 et seq.]; Clean Air Act [42 AGENCY: Federal Highway Administration (FHWA), Department of U.S.C. 7401 et seq.]; Section 4(f) of the US Department of Transportation Act of Transportation (DOT). 1966 [49 U.S.C. 303, 23 U.S.C. 138]; ACTION: Notice of limitation on claims for Judicial Review of Actions by FHWA Endangered Species Act [16 U.S.C. 1531–1544, 1536]; Migratory Bird Treaty and other federal agencies. Act [16 U.S.C. 703–712]; The National SUMMARY: This notice announces actions Historic Preservation Act of 1966, [54 taken by FHWA that are final. The U.S.C. 300101 et seq.]; Archeological actions relate to the Tier 1 Resources Protection Act [16 U.S.C. 16 Environmental Impact Statement (EIS) U.S.C. 470aa–mm]; Archeological and and Record of Decision (ROD) for the Historic Preservation Act [16 U.S.C. Interstate-11 (I–11), Nogales to 469]; Native American Grave Protection Wickenburg, in Santa Cruz, Pima, Pinal, and Repatriation Act (NAGPRA) [25 Maricopa and Yavapai Counties, AZ. U.S.C. 3001–3013]; Title VI of Civil The actions grant licenses, permits, and Rights Act [42 U.S.C. 2000d et seq.]; approvals for the project. American Indian Religious Freedom Act DATES: By this notice, FHWA is advising [42 U.S.C. 1996]; Farmland Protection the public of final agency actions Policy Act (FPPA) [7 U.S.C. 4201 et subject to 23 U.S.C. 139(l)(1). A claim seq.]; Clean Water Act [33 U.S.C. 1251 seeking judicial review of the Federal et seq.]; E.O. 11990 Protection of agency actions with authority on the Wetlands; E.O. 11988 Floodplain highway project will be barred unless Management; E.O. 12898 Federal the claim is filed on or before April 21, Actions to Address Environmental 2022. If the Federal law that authorizes Justice in Minority Populations and Low judicial review of a claim provides a Income Populations; E.O. 11593 time period of less than 150 days for Protection and Enhancement of Cultural filing such claim, then that shorter time Resources; E.O. 13007 Indian Sacred period still applies. Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination FOR FURTHER INFORMATION CONTACT: Mr. with Indian Tribal Governments; E.O. Aryan Lirange, Senior Urban Engineer, 11514 Protection and Enhancement of Federal Highway Administration, 4000 jspears on DSK121TN23PROD with NOTICES1 The U.S. Department of Transportation is committed to providing equal access to this meeting for all participants. If you need alternative formats or services because of a disability, such as sign language, interpretation, or other ancillary aids, please contact the person listed in the VerDate Sep<11>2014 18:30 Nov 19, 2021 Jkt 256001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 66385 Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction.) Authority: 23 U.S.C. 139(l)(1). Issued on: November 16, 2021. Karla S. Petty, Arizona Division Administrator, Phoenix, Arizona. [FR Doc. 2021–25363 Filed 11–19–21; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0383; FMCSA–2014–0385; FMCSA–2014–0387; FMCSA–2015–0328; FMCSA–2018–0137; FMCSA–2018–0139; FMCSA–2019–0109; FMCSA–2019–0110] 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 16 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 November 19, 2021. The exemptions expire on November 19, 2023. Comments must be received on or before December 22, 2021. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2014–0383, Docket No. FMCSA–2014–0385, Docket No. FMCSA–2014–0387, Docket No. FMCSA–2015–0328, Docket No. FMCSA–2018–0137, Docket No. FMCSA–2018–0139, Docket No. FMCSA–2019–0109, or Docket No. FMCSA–2019–0110 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2014–0383, FMCSA– 2014–0385, FMCSA–2014–0387, FMCSA–2015–0328, FMCSA–2018– 0137, FMCSA–2018–0139, FMCSA– 2019–0109, or FMCSA–2019–0110 in the keyword box, and click ‘‘Search.’’ SUMMARY: E:\FR\FM\22NON1.SGM 22NON1 66386 Federal Register / Vol. 86, No. 222 / Monday, November 22, 2021 / Notices 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: jspears on DSK121TN23PROD with NOTICES1 I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2014–0383, Docket No. FMCSA–2014–0385, Docket No. FMCSA–2014–0387, Docket No. FMCSA–2015–0328, Docket No. FMCSA–2018–0137, Docket No. FMCSA–2018–0139, Docket No. FMCSA–2019–0109, or Docket No. FMCSA–2019–0110), 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–2014–0383, FMCSA– 2014–0385, FMCSA–2014–0387, FMCSA–2015–0328, FMCSA–2018– 0137, FMCSA–2018–0139, FMCSA– VerDate Sep<11>2014 18:30 Nov 19, 2021 Jkt 256001 2019–0109, or FMCSA–2019–0110 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 number, FMCSA–2014–0383, FMCSA– 2014–0385, FMCSA–2014–0387, FMCSA–2015–0328, FMCSA–2018– 0137, FMCSA–2018–0139, FMCSA– 2019–0109, or FMCSA–2019–0110 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 regulatory 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 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 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 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971). The 16 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 16 applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The 16 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 E:\FR\FM\22NON1.SGM 22NON1 Federal Register / Vol. 86, No. 222 / Monday, November 22, 2021 / Notices 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 November 19, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 16 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Carlos Arellano (CA) Jeffrey Barbuto (NH) John Fazio (FL) Debbie Gaskill (GA) Derek Hawkins (NH) Emil Iontchev (IL) Justin Kilgore (FL) Danny McGowan (WV) Matthew Moore (TX) Abdiwahab Olow (MN) Tami Richardson-Nelson (NE) Willis Ryan (GA) Anthony Saive (TN) Dustin Selby (OH) Jennifer Valentine (TX) Derron Washington (IL) The drivers were included in docket number FMCSA–2014–0383, FMCSA– 2014–0385, FMCSA–2014–0387, FMCSA–2015–0328, FMCSA–2018– 0137, FMCSA–2018–0139, FMCSA– 2019–0109, or FMCSA–2019–0110. Their exemptions were applicable as of November 19, 2021 and will expire on November 19, 2023. jspears on DSK121TN23PROD with NOTICES1 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 VerDate Sep<11>2014 18:30 Nov 19, 2021 Jkt 256001 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 16 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. 2021–25378 Filed 11–19–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: See SUPPLEMENTARY INFORMATION section for effective date(s). FOR FURTHER INFORMATION CONTACT: OFAC: Andrea Gacki, Director, tel.: 202–622–2490; Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; or Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622– 2490. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Availability The Specially Designated Nationals and Blocked Persons List and additional PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 66387 information concerning OFAC sanctions programs are available on OFAC’s website (www.treasury.gov/ofac). Notice of OFAC Actions On November 15, 2021, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below. Individuals 1. MONTENEGRO ESPINOZA, Luis Angel, Planes De Puntaldia Casa #16, Managua, Nicaragua; DOB 01 Jan 1949; POB Esteli, Nicaragua; nationality Nicaragua; Gender Male; National ID No. 1610101490000S (Nicaragua) (individual) [NICARAGUA]. Designated pursuant to section 1(a)(iii) of Executive Order 13851 of November 27, 2018, ‘‘Blocking Property of Certain Persons Contributing to the Situation in Nicaragua,’’ 83 FR 61505 (‘‘E.O. 13851’’), for being an official of the Government of Nicaragua or having served as an official of the Government of Nicaragua at any time on or after January 10, 2007. 2. ZELEDON ROCHA, Sadrach, Matagalpa, Nicaragua; DOB 08 Feb 1954; POB Nicaragua; nationality Nicaragua; Gender Male; Passport C759398 (Nicaragua); National ID No. 09058016 (Nicaragua) (individual) [NICARAGUA]. Designated pursuant to section 1(a)(iii) of E.O. 13851, for being an official of the Government of Nicaragua or having served as an official of the Government of Nicaragua at any time on or after January 10, 2007. 3. CENTENO RIVERA, Leonidas Nicolas, Jinotega, Nicaragua; DOB 06 Dec 1958; POB Nicaragua; nationality Nicaragua; Gender Male; National ID No. 2430612580000C (Nicaragua) (individual) [NICARAGUA]. Designated pursuant to section 1(a)(iii) of E.O. 13851, for being an official of the Government of Nicaragua or having served as an official of the Government of Nicaragua at any time on or after January 10, 2007. 4. VALENZUELA BLANDON, Francisco Ramon, Esteli, Nicaragua; DOB 12 Dec 1963; POB Esteli, Nicaragua; nationality Nicaragua; Gender Male; National ID No. 1611212630005S (Nicaragua) (individual) [NICARAGUA]. Designated pursuant to section 1(a)(iii) of E.O. 13851, for being an official of the Government of Nicaragua or having served as an official of the Government of Nicaragua at any time on or after January 10, 2007. 5. CHAVARRIA MONTENEGRO, Jose Adrian, Residencial Monte Cielo, Casa #C 152, Managua, Nicaragua; DOB 08 Sep 1955; POB Jinotega, Nicaragua; nationality Nicaragua; Gender Male; National ID No. 2410809550003W (Nicaragua); Diplomatic Passport A00001069 (Nicaragua) issued 06 Aug 2015 expires 06 Aug 2025 (individual) [NICARAGUA]. Designated pursuant to section 1(a)(iii) of E.O. 13851, for being an official of the Government of Nicaragua or having served as an official of the Government of Nicaragua at any time on or after January 10, 2007. 6. LOPEZ GUTIERREZ, Rodolfo Francisco, Residencial El Dorado #125, Managua, E:\FR\FM\22NON1.SGM 22NON1

Agencies

[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66385-66387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25378]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0383; FMCSA-2014-0385; FMCSA-2014-0387; FMCSA-
2015-0328; FMCSA-2018-0137; FMCSA-2018-0139; FMCSA-2019-0109; FMCSA-
2019-0110]


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 16 
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 November 19, 2021. The 
exemptions expire on November 19, 2023. Comments must be received on or 
before December 22, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0383, Docket No. FMCSA-
2014-0385, Docket No. FMCSA-2014-0387, Docket No. FMCSA-2015-0328, 
Docket No. FMCSA-2018-0137, Docket No. FMCSA-2018-0139, Docket No. 
FMCSA-2019-0109, or Docket No. FMCSA-2019-0110 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2014-0383, FMCSA-2014-0385, FMCSA-2014-
0387, FMCSA-2015-0328, FMCSA-2018-0137, FMCSA-2018-0139, FMCSA-2019-
0109, or FMCSA-2019-0110 in the keyword box, and click ``Search.''

[[Page 66386]]

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-2014-0383, Docket No. FMCSA-2014-0385, Docket 
No. FMCSA-2014-0387, Docket No. FMCSA-2015-0328, Docket No. FMCSA-2018-
0137, Docket No. FMCSA-2018-0139, Docket No. FMCSA-2019-0109, or Docket 
No. FMCSA-2019-0110), 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-2014-0383, FMCSA-2014-0385, FMCSA-2014-0387, 
FMCSA-2015-0328, FMCSA-2018-0137, FMCSA-2018-0139, FMCSA-2019-0109, or 
FMCSA-2019-0110 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-2014-0383, FMCSA-2014-0385, FMCSA-2014-0387, FMCSA-2015-
0328, FMCSA-2018-0137, FMCSA-2018-0139, FMCSA-2019-0109, or FMCSA-2019-
0110 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 regulatory 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 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 16 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 16 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The 16 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

[[Page 66387]]

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 November 19, 2021, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 16 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

Carlos Arellano (CA)
Jeffrey Barbuto (NH)
John Fazio (FL)
Debbie Gaskill (GA)
Derek Hawkins (NH)
Emil Iontchev (IL)
Justin Kilgore (FL)
Danny McGowan (WV)
Matthew Moore (TX)
Abdiwahab Olow (MN)
Tami Richardson-Nelson (NE)
Willis Ryan (GA)
Anthony Saive (TN)
Dustin Selby (OH)
Jennifer Valentine (TX)
Derron Washington (IL)

    The drivers were included in docket number FMCSA-2014-0383, FMCSA-
2014-0385, FMCSA-2014-0387, FMCSA-2015-0328, FMCSA-2018-0137, FMCSA-
2018-0139, FMCSA-2019-0109, or FMCSA-2019-0110. Their exemptions were 
applicable as of November 19, 2021 and will expire on November 19, 
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 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 16 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. 2021-25378 Filed 11-19-21; 8:45 am]
BILLING CODE 4910-EX-P
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