Federal Register - February 1, 2021
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Source: Federal Register
7774
Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices
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 11, 2020, FMCSA
published a notice announcing its decision to renew exemptions for 10
individuals from the hearing standard in 49 CFR 391.41b11 to operate a CMV
in interstate commerce and requested comments from the public 85 FR
80219. The public comment period ended on January 11, 2021, and no comments were received.
FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with 391.41b11.
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.
This standard was adopted in 1970
and was revised in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid, 35 FR
6458, 6463 April 22, 1970 and 36 FR
12857 July 3, 1971.
III. Discussion of Comments FMCSA received no comments in this proceeding.
VerDate Sep<11>2014
16:57 Jan 29, 2021
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IV. Conclusion Based upon its evaluation of the 10
renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in 391.41 b11.
As of December 11, 2020, and in accordance with 49 U.S.C. 31136e and 31315b, the following 10 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers 85 FR 80219:
Joshua Cogan MD
Ronald Cottrell OR
Heath Focken NE
Ahmed Gabr NC
Daniel Hanson PA
Arnold Hatton DE
Donte Mason TN
Taryn Peterson IA
Greivin Salazar CA
Eric Woods MD
The drivers were included in docket number FMCSA20180136. Their exemptions were applicable as of December 16, 2020, and will expire on December 16, 2022.
In accordance with 49 U.S.C.
31315b, each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: 1 The person fails to comply with the terms and conditions of the exemption; 2 the exemption has resulted in a lower level of safety than was maintained prior to being granted;
or 3 continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136e and 31315b.
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202102014 Filed 12921; 8:45 am BILLING CODE 4910EXP
motor vehicle CMV drivers have no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV. The exemptions enable these individuals who have had one or more seizures and are taking antiseizure medication to operate CMVs in interstate commerce.
DATES: The exemptions were applicable on January 11, 2021. The exemptions expire on January 11, 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.
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-2020-0052 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.
AGENCY:
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.dot.gov/privacy.
FMCSA announces its decision to exempt three individuals from the requirement in the Federal Motor Carrier Safety Regulations FMCSRs that interstate commercial
II. Background On December 11, 2020, FMCSA
published a notice announcing receipt of applications from three individuals requesting an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41b8 and requested comments from the public 85
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration FMCSA Docket No. FMCSA20200052
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT.
ACTION: Notice of final disposition.
SUMMARY:
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