Federal Register - July 20, 2021
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Source: Federal Register
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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 3664001, fmcsamedical@dot.gov, FMCSA, DOT, 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, 202 366
9826.
SUPPLEMENTARY INFORMATION:
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I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice Docket No. FMCSA20140104, Docket No. FMCSA20180137, or Docket No. FMCSA20180138, 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, FMCSA20140104, FMCSA
20180137, or FMCSA20180138 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 812 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
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number, FMCSA20140104, FMCSA
20180137, or FMCSA20180138 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 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 3669317 or 202 3669826 before visiting Dockets Operations.
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 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 April 22, 1970 and 36 FR
12857 July 3, 1971.
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The three individuals listed in this notice have requested renewal of their 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 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 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.
As of July 12, 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:
Jason Clark MO; Stephen DiGiovanna PA; and Jacob Hamilton IN.
The drivers were included in docket number FMCSA20140104, FMCSA
20180137, or FMCSA20180138.
Their exemptions are applicable as of July 12, 2021 and will expire on July 12, 2023.
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