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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices ended on July 23, 2021, and no 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.
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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III. Discussion of Comments FMCSA received no comments in this proceeding.
IV. Basis for Exemption Determination 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 Agencys decision regarding these exemption applications is based on current medical information and literature, and the 2008 Evidence Report, Executive Summary on Hearing, Vestibular Function and Commercial Motor Driving Safety. The evidence report reached two conclusions regarding the matter of hearing loss and CMV driver safety: 1
No studies that examined the relationship between hearing loss and crash risk exclusively among CMV
drivers were identified; and 2 evidence from studies of the private drivers license holder population does not support the contention that individuals
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with hearing impairment are at an increased risk for a crash. In addition, the Agency reviewed each applicants driving record found in the Commercial Drivers License Information System, for commercial drivers license CDL
holders, and inspections recorded in the Motor Carrier Management Information System. For non-CDL holders, the Agency reviewed the driving records from the State Drivers Licensing Agency. Each applicants record demonstrated a safe driving history.
Based on an individual assessment of each applicant that focused on whether an equal or greater level of safety is likely to be achieved by permitting each of these drivers to drive in interstate commerce as opposed to restricting him or her to driving in intrastate commerce, the Agency believes the drivers granted this exemption have demonstrated that they do not pose a risk to public safety.
Consequently, FMCSA finds that in each case exempting these applicants from the hearing standard in 391.41b11 is likely to achieve a level of safety equal to that existing without the exemption.
V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and includes the following: 1 Each driver must report any crashes or accidents as defined in 390.5; 2 each driver must report all citations and convictions for disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and 3 each driver is 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.
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 18
exemption applications, FMCSA
exempts the following drivers from the hearing standard, 391.41b11, subject to the requirements cited above:
Chris Anderson TX
Milca Ceballos TX
Eleazar Contreras IL
Mark Howard NY

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Michael Hoyt WA
Pete Kujawa WI
Richard Kujawa WI
Tia Matthews NV
Jess McMahon IA
John Mark Mitchell CA
Joshua Moore TX
Richard Palfrey FL
Jonas Pittman NC
Leroy Raine AL
Troy Rolland TX
Shannon Schoenecker KS
Brandon Tucker PA
Jeremy Westmoreland SC
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. 202116529 Filed 8221; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration FMCSA Docket No. FMCSA20210025

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

FMCSA announces its decision to exempt four individuals from the requirement in the Federal Motor Carrier Safety Regulations FMCSRs that interstate commercial 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 are applicable on July 30, 2021. The exemptions expire on July 30, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical SUMMARY:

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