7772 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 

31315, the following three individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (84 FR 2323; 84 

FR 16336): 

Henry J. Hughes (MN); Emmanuel A. 

Sepulveda (CA); and Nyrone Whyte 

(CT) 

The drivers were included in docket 

number FMCSA–2018–0209. The 

exemptions are applicable as of March 

9, 2021, and will expire on March 9, 

2023. 

As of March 23, 2021, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following three individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (65 FR 78256; 66 

FR 16311; 67 FR 76439; 68 FR 10298; 

68 FR 13360; 70 FR 7545; 70 FR 12265; 

72 FR 7812; 72 FR 11426; 73 FR 51689; 

73 FR 63047; 74 FR 6689; 74 FR 8302; 

75 FR 77949; 76 FR 9859; 76 FR 11215; 

78 FR 8689; 78 FR 12822; 80 FR 15859; 

82 FR 13043; 84 FR 16320): 

Howard K. Bradley (VA); Thomas F. 

Marczewski (WI); and Wade D. Taylor 

(MO) 

The drivers were included in docket 

numbers FMCSA–2000–8398; FMCSA– 

2002–13411; FMCSA–2008–0266. The 

exemptions are applicable as of March 

23, 2021, and will expire on March 23, 

2023. 

V. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) Each 

driver must undergo an annual physical 

examination (a) by an ophthalmologist 

or optometrist who attests that the 

vision in the better eye continues to 

meet the requirements in 49 CFR 

391.41(b)(10), and (b) by a certified 

medical examiner (ME), as defined by 

§ 390.5, who attests that the driver is 

otherwise physically qualified under 

§ 391.41; (2) each driver must provide a 

copy of the ophthalmologist’s or 

optometrist’s report to the ME at the 

time of the annual medical examination; 

and (3) each driver must provide a copy 

of the annual medical certification to 

the employer for retention in the 

driver’s qualification file or keep a copy 

of his/her driver’s qualification if he/she 

is self-employed. The driver must also 

have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. The exemption 

will be rescinded if: (1) The person fails 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 before it 

was 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). 

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. 

VI. Conclusion 

Based upon its evaluation of the 53 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the vision requirement in 

§ 391.41(b)(10), subject to the 

requirements cited above. In accordance 

with 49 U.S.C. 31136(e) and 31315(b), 

each exemption will be valid for 2 years 

unless revoked earlier by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–02020 Filed 1–29–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2020–0028] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 20 individuals from 

the hearing requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. The exemptions enable these 

hard of hearing and deaf individuals to 

operate CMVs in interstate commerce. 

DATES: The exemptions were applicable 

on January 22, 2021. The exemptions 

expire on January 22, 2023. 

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 Documents and Comments 

To view comments, as well as any 

documents mentioned in this notice as 

being available in the docket, go to 

http://www.regulations.gov/ 

docket?D=FMCSA-2020-0028 and 

choose the document to review. 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 December 16, 2020, FMCSA 

published a notice announcing receipt 

of applications from 20 individuals 

requesting an exemption from the 

hearing requirement in 49 CFR 

391.41(b)(11) to operate a CMV in 

interstate commerce and requested 

comments from the public (85 FR 

81553). The public comment period 

ended on January 15, 2021, and two 

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 § 391.41(b)(11). 

The physical qualification standard 

for drivers regarding hearing found in 

§ 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. 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7773 

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 two comments in 

this proceeding. Of the two comments 

received, one was in support of issuing 

the exemptions and the other was 

outside the scope of this notice. 

IV. Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 

31315(b), 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 2- 

year period to align with the maximum 

duration of a driver’s medical 

certification. 

The Agency’s 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 driver’s 

license holder population does not 

support the contention that individuals 

with hearing impairment are at an 

increased risk for a crash. In addition, 

the Agency reviewed each applicant’s 

driving record found in the Commercial 

Driver’s License Information System, for 

commercial driver’s 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 Driver’s Licensing 

Agency. Each applicant’s 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 

§ 391.41(b)(11) 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 20 

exemption applications, FMCSA 

exempts the following drivers from the 

hearing standard, § 391.41(b)(11), 

subject to the requirements cited above: 

Hassan Abdi (MN) 

Matthew Acken (UT) 

Ryan Bailey (FL) 

Gage Burchett (VA) 

Andrew Cho (NY) 

Jeffrey Daniel (NV) 

Tyler Davis (TX) 

Gabriel Despanie (LA) 

Zachrey Gill (MI) 

Nicholas Grabanski (TX) 

Michael Hartman (OK) 

Andrew Hatch (IA) 

Joshua Johnson (CO) 

William Lavender (OH) 

MarcKenzie Loriston (FL) 

Ronald Pridgen (NC) 

Zachary Reagan (TX) 

Michael L. Smith (NC) 

Carlos Sotelo Sanchez (CA) 

Matthew Spainhoward (KY) 

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. 2021–02017 Filed 1–29–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0136] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 10 

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 December 16, 2020. The exemptions 

expire on December 16, 2022. 

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 Documents and Comments 

To view comments, as well as any 

documents mentioned in this notice as 

being available in the docket, go to 

http://www.regulations.gov/ 

docket?D=FMCSA-2018-0136 and 

choose the document to review. If you 

do not have access to the internet, you 

may view the docket online by visiting