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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices
FMCSA20190109 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 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.
C. Privacy Act In accordance with 5 U.S.C. 553c, 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. 31136e and 31315b, 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 drivers medical certification.
The physical qualification standard for drivers regarding hearing found in 49 CFR 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 Apr. 22, 1970 and 36 FR
12857 July 3, 1971.
The 12 individuals listed in this notice have requested renewal of their
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exemptions from the hearing standard in 391.41b11, 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. 31136e and 31315b, FMCSA
will take immediate steps to revoke the exemption of a driver.
IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136e and 31315b, each of the 12 applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The 12 drivers in this notice remain in good standing with the Agency. In addition, for Commercial Drivers License CDL holders, the Commercial Drivers 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 Drivers Licensing Agency. These factors provide an adequate basis for predicting each drivers 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.
In accordance with 49 U.S.C. 31136e and 31315b, the following groups of drivers received renewed exemptions in the month of October and are discussed below.
As of October 1, 2021, and in accordance with 49 U.S.C. 31136e and 31315b, the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers:
Azulita-Jane Camacho AZ
Wayne Crowl IN
Robert Culp FL
Charles Davis AL
Christopher Fisher WA
John Price TX
Jerrell McCrary NC

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The drivers were included in docket number FMCSA20140385 or FMCSA
20180139. Their exemptions are applicable as of October 1, 2021 and will expire on October 1, 2023.
As of October 10, 2021, and in accordance with 49 U.S.C. 31136e and 31315b, the following three individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers:
Kurt Bernabei; Steven Gandee PA;
Steven Robelia WI
The drivers were included in docket number FMCSA20190109. Their exemptions are applicable as of October 10, 2021 and will expire on October 10, 2023.
As of October 22, 2021, and in accordance with 49 U.S.C. 31136e and 31315b, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers:
Richard Carter MD and Clinton Homon IL
The drivers were included in docket number FMCSA20140387. Their exemptions are applicable as of October 22, 2021 and will expire on October 22, 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 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.
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
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