Qualification of Drivers; Exemption Applications; Hearing

Larry W. Minor
Federal Motor Carrier Safety Administration
3 August 2021

[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41886-41887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16526]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0123; FMCSA-2013-0124; FMCSA-2013-0125; FMCSA-
2014-0102; FMCSA-2014-0104; FMCSA-2014-0106; FMCSA-2014-0107; FMCSA-
2014-0383; FMCSA-2015-0326; FMCSA-2017-0058; FMCSA-2018-0137; FMCSA-
2018-0138]


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 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) 366-4001, fmcsamedical@dot.gov, FMCSA, 
DOT, 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-2013-0123, FMCSA-2013-0124, FMCSA-2013-0125, FMCSA-2014-
0102, FMCSA-2014-0104, FMCSA-2014-0106, FMCSA-2014-0107, FMCSA-2014-
0383, FMCSA-2015-0326, FMCSA-2017-0058, FMCSA-2018-0137, or FMCSA-2018-
0138 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 June 17, 2021, FMCSA published a notice announcing its decision 
to renew exemptions for 28 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 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 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 28 renewal exemption applications, 
FMCSA announces its decision to exempt the following drivers from the 
hearing requirement in Sec.  391.41 (b)(11).
    As of June 17, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), 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 FMCSA-2013-0123, FMCSA-
2013-0124, FMCSA-2013-0125, FMCSA-2014-0102, FMCSA-2014-

[[Page 41887]]

0104, FMCSA-2014-0106, FMCSA-2014-0107, FMCSA-2014-0383, FMCSA-2015-
0326, FMCSA-2017-0058, FMCSA-2018-0137, or FMCSA-2018-0138. Their 
exemptions were applicable as of June 17, 2021 and will expire on June 
17, 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. 2021-16526 Filed 8-2-21; 8:45 am]
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