Qualification of Drivers; Exemption Applications; Hearing

Larry W. Minor
Federal Motor Carrier Safety Administration
29 April 2021

[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22764-22765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08893]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2013-0121; FMCSA-2013-0124; FMCSA-
2014-0102; FMCSA-2014-0103; FMCSA-2014-0104; FMCSA-2014-0106; FMCSA-
2014-0107; FMCSA-2018-0135; FMCSA-2018-0136; FMCSA-2018-0137]


Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 27 
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: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates provided 
below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. 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: 

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number, FMCSA-2012-0154, FMCSA-2013-0121, FMCSA-2013-0124, FMCSA-2014-
0102, FMCSA-2014-0103, FMCSA-2014-0104, FMCSA-2014-0106, FMCSA-2014-
0107, FMCSA-2018-0135, FMCSA-2018-0136, or FMCSA-2018-0137 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 W12-140 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) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), 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 March 17, 2021, FMCSA published a notice announcing its decision 
to renew exemptions for 27 individuals from the hearing standard in 49 
CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested 
comments from the public (86 FR 14668). The public comment period ended 
on April 17, 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 Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing 
found in Sec.  391.41(b)(11) 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) Z24.5--1951.
    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 27 renewal exemption applications, 
FMCSA announces its decision to exempt the following drivers from the 
hearing requirement in Sec.  391.41 (b)(11).
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of March and 
are discussed below:
    As of March 3, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (86 FR 14668):

Kevin Beacham (MD)
Joseph Conversa (IL)
Tyjuan Davis (VA)
Scott Friede (NE)
Kimothy McLeod (GA)
Dustin Miller (MI)
Brandon Veronie (LA)
Charles Whitworth (LA)
Anthony Witcher (MI)

    The drivers were included in docket number FMCSA-2012-0154, FMCSA-
2014-0103, FMCSA-2014-0106, FMCSA-2018-0135, or FMCSA-2018-0136. Their 
exemptions were applicable as of March 3, 2021, and will expire on 
March 3, 2023.
    As of March 10, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following two individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (86 FR 14668):

David Helgerson (WI) and Susan Helgerson (WI)

    The drivers were included in docket number FMCSA-2013-0124. Their 
exemptions were applicable as of March 10, 2021, and will expire on 
March 10, 2023.
    As of March 13, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (86 FR 14668):

John Huey (AZ); Jared Katakura (HI); and Scott Putman (TX)

    The drivers were included in docket number FMCSA-2014-0103 or 
FMCSA-

[[Page 22765]]

2014-0107. Their exemptions were applicable as of March 13, 2021, and 
will expire on March 13, 2023.
    As of March 19, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), Victor Morales-Contreras (TX) has satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers.
    This driver was included in docket number FMCSA-2014-0106. The 
exemption was applicable as of March 19, 2021, and will expire on March 
19, 2023.
    As of March 22, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following five individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

William Britt, Jr. (TN)
Robert Hefner (SC)
Patrick Johnson (MI)
Lawrence Lam (CA)
Phillip Shook, Jr. (MS)

    The drivers were included in docket number FMCSA-2018-0137. Their 
exemptions were applicable as of March 22, 2021, and will expire on 
March 22, 2023.
    As of March 29, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following seven individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

Richard Boggs (OH)
Jeremy Brandyberry (NE)
Kenneth Harris (TX)
Joseph Kelly (PA)
Timothy Laporte (NY)
Brandon Londo (TX)
Jesse Shelander (TX)

    The drivers were included in docket number FMCSA-2013-0124, FMCSA-
2014-0102, FMCSA-2014-0103, FMCSA-2014-0104, or FMCSA-2014-0106. Their 
exemptions were applicable as of March 29, 2021, and will expire on 
March 29, 2023.
    In accordance with 49 U.S.C. 31315(b), 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. 31136(e) and 
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-08893 Filed 4-28-21; 8:45 am]
BILLING CODE 4910-EX-P