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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices
31315, the following three individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers 84 FR 2323; 84
FR 16336:
Henry J. Hughes MN; Emmanuel A.
Sepulveda CA; and Nyrone Whyte CT
The drivers were included in docket number FMCSA20180209. The exemptions are applicable as of March 9, 2021, and will expire on March 9, 2023.
As of March 23, 2021, and in accordance with 49 U.S.C. 31136e and 31315, the following three individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers 65 FR 78256; 66
FR 16311; 67 FR 76439; 68 FR 10298;
68 FR 13360; 70 FR 7545; 70 FR 12265;
72 FR 7812; 72 FR 11426; 73 FR 51689;
73 FR 63047; 74 FR 6689; 74 FR 8302;
75 FR 77949; 76 FR 9859; 76 FR 11215;
78 FR 8689; 78 FR 12822; 80 FR 15859;
82 FR 13043; 84 FR 16320:
Howard K. Bradley VA; Thomas F.
Marczewski WI; and Wade D. Taylor MO
The drivers were included in docket numbers FMCSA20008398; FMCSA
200213411; FMCSA20080266. The exemptions are applicable as of March 23, 2021, and will expire on March 23, 2023.
V. Conditions and Requirements The exemptions are extended subject to the following conditions: 1 Each driver must undergo an annual physical examination a by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR
391.41b10, and b by a certified medical examiner ME, as defined by 390.5, who attests that the driver is otherwise physically qualified under 391.41; 2 each driver must provide a copy of the ophthalmologists or optometrists report to the ME at the time of the annual medical examination;
and 3 each driver must provide a copy of the annual medical certification to the employer for retention in the drivers qualification file or keep a copy of his/her drivers qualification if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: 1 The person fails to comply with the terms and conditions of the exemption; 2 the exemption has resulted in a lower level
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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.
31136e and 31315b.
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.
VI. Conclusion Based upon its evaluation of the 53
exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 391.41b10, subject to the requirements cited above. In accordance with 49 U.S.C. 31136e and 31315b, each exemption will be valid for 2 years unless revoked earlier by FMCSA.
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202102020 Filed 12921; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20200028

Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT.
ACTION: Notice of final disposition.
AGENCY:

FMCSA announces its decision to exempt 20 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations FMCSRs to operate a commercial motor vehicle CMV in interstate commerce. The exemptions enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce.
DATES: The exemptions were applicable on January 22, 2021. The exemptions expire on January 22, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical Programs Division, 202 3664001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200
New Jersey Avenue SE, Room W64224, Washington, DC 205900001. 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 3669826.
SUMMARY:

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SUPPLEMENTARY INFORMATION:

I. Public Participation A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to http www.regulations.gov/
docket?D=FMCSA-2020-0028 and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 205900001, 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 3669317 or 202 366
9826 before visiting Dockets Operations.
B. Privacy Act In accordance with 5 U.S.C. 553c, 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 December 16, 2020, FMCSA
published a notice announcing receipt of applications from 20 individuals requesting an exemption from the hearing requirement in 49 CFR
391.41b11 to operate a CMV in interstate commerce and requested comments from the public 85 FR
81553. The public comment period ended on January 15, 2021, and two comments were received.
FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with 391.41b11.
The physical qualification standard for drivers regarding hearing found in 391.41b11 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 Z24.51951.

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