Federal Register - August 3, 2021
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Source: Federal Register
41886
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers.
This driver was included in docket number FMCSA20190029. The exemption was applicable as of June 18, 2021 and will expire on June 18, 2023.
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. 202116528 Filed 8221; 8:45 am BILLING CODE 4910EXP
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20130123; FMCSA
20130124; FMCSA20130125; FMCSA
20140102; FMCSA20140104; FMCSA
20140106; FMCSA20140107; FMCSA
20140383; FMCSA20150326; FMCSA
20170058; FMCSA20180137; FMCSA
20180138
Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its decision to renew exemptions for 28
individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations FMCSRs for interstate commercial motor vehicle CMV drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce.
DATES: The exemptions were applicable on June 17, 2021. The exemptions expire on June 17, 2023.
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
jbell on DSKJLSW7X2PROD with NOTICES
VerDate Sep<11>2014
17:21 Aug 02, 2021
Jkt 253001
I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA20130123, FMCSA
20130124, FMCSA20130125, FMCSA20140102, FMCSA2014
0104, FMCSA20140106, FMCSA
20140107, FMCSA20140383, FMCSA20150326, FMCSA2017
0058, FMCSA20180137, or FMCSA
20180138 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 202 366
9317 or 202 3669826 before visiting Dockets Operations.
B. Privacy Act
Qualification of Drivers; Exemption Applications; Hearing
SUMMARY:
questions regarding viewing or submitting material to the docket, contact Dockets Operations, 202 366
9826.
SUPPLEMENTARY INFORMATION:
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 June 17, 2021, FMCSA published a notice announcing its decision to renew exemptions for 28 individuals from the hearing standard in 49 CFR
391.41b11 to operate a CMV in interstate commerce and requested comments from the public 86 FR
32308. The public comment period ended on July 19, 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
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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.
IV. Conclusion Based upon its evaluation of the 28
renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in 391.41 b11.
As of June 17, 2021, and in accordance with 49 U.S.C. 31136e and 31315b, the following 28 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers 86 FR 32308:
Selwyn Abrahamson MN
Kevin Ballard TX
Robert M. Benner OH
Courtney Bertling OR
Tonya Bland PA
Conley Bowling KY
Shawn Carico TN
Thomas M. Carr PA
Jason M. Clark MO
Herbert Crowe MO
Byron Davis TX
Mark Dickson TX
Jacob Gadreault MA
Timothy Gallagher PA
David Garland ME
Lane Grover IN
Gregory Hill MS
Thomas Lipyanic FL
Billie Jo Martinez TX
Jonathan A. Muhm CA
Charles Pitt AL
David Shores NC
Sandy Sloat TX
Kirk Soneson OH
James Thomason MO
Ramarr Wadley PA
Jeffrey Webber OK
Richard Whittaker FL
The drivers were included in docket number FMCSA20130123, FMCSA
20130124, FMCSA20130125, FMCSA20140102, FMCSA2014
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