Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices 38403 

23629, 84 FR 27688, 84 FR 47047, 84 FR 

47057): 

Charles H. Akers, Jr. (VA) 

Sava A. Andjelich (IN) 

Thomas J. Boss (IL) 

Daniel M. Cannon (OR) 

Toby L. Carson (TN) 

John P. Catalano (NJ) 

Jose S. Chavez (AZ) 

Brett L. Condon (MD) 

Stephen L. Cornish (MN) 

Michael S. Crawford (IL) 

Jose G. Cruz Romero (TX) 

Stephen M. Currie (TX) 

Dudley G. Diebold (CT) 

Wayne L. Dorbert (PA) 

Irvin L. Eaddy (SC) 

Douglas Eamens (NY) 

Matthew T. Eggers (IA) 

Marc Enderson (ND) 

Kelly L. Ewing (PA) 

Breck L. Falcon (LA) 

Jevont D. Fells (AL) 

Raymundo Flores (TX) 

Jeremy L. Fricke (ND) 

James P. Gapinski (MN) 

Dolan A. Gonzalez, Jr. (FL) 

Peter D. Gouge (IA) 

Michael D. Greene (VT) 

Donald L. Hamrick (KS) 

Zane G. Harvey, Jr. (VA) 

Billy R. Holdman (IL) 

James S. Hummel (PA) 

Ronald D. Jackman II (NV) 

Alan L. Johnston (IL) 

Damian Klyza (NJ) 

Alfred R. Knotts (PA) 

Kevin R. Lambert (NC) 

James W. Lappan (KS) 

Thomas M. Leonard (PA) 

Terry L. Lipscomb (AL) 

Collin C. Longacre (PA) 

Kenny Y. Louie (CA) 

Phillip L. Mangen (OH) 

Kenton D. McCullough (VA) 

Anthony R. Melton (SC) 

Joshua G. Millican (OH) 

Stuart W. Penner (KS) 

Patrick A. Piekkola (WY) 

Daniel A. Rau (NJ) 

Donald G. Reed (FL) 

Richard S. Rehbein (MN) 

Menno H. Reiff (PA) 

Jeffrey Ridenhour (AR) 

Patrick W. Shea (MA) 

Ranjodh Singh (CA) 

Jeremichael Steele (NC) 

Dustin N. Sullivan (MD) 

Randall S. Surber (WV) 

Thomas R. Test (VA) 

Francisco J. Torres (PA) 

Kevin W. Van Arsdol (CO) 

Christopher A. Weidner (CT) 

Gerald L. Wheeler (FL) 

Don S. Williams (AL) 

Michael T. Wimber (MT) 

Rick L. Wood (PA) 

The drivers were included in docket 

numbers FMCSA–2000–7363, FMCSA– 

2000–7918, FMCSA–2001–9258, 

FMCSA–2002–12844, FMCSA–2002– 

13411, FMCSA–2003–14504, FMCSA– 

2004–18885, FMCSA–2006–25246, 

FMCSA–2007–27515, FMCSA–2007– 

27897, FMCSA–2008–0106, FMCSA– 

2008–0266, FMCSA–2008–0292, 

FMCSA–2008–0340, FMCSA–2008– 

0398, FMCSA–2009–0086, FMCSA– 

2009–0321, FMCSA–2010–0201, 

FMCSA–2010–0354, FMCSA–2011– 

0024, FMCSA–2011–0057, FMCSA– 

2011–0092, FMCSA–2011–0102, 

FMCSA–2012–0278, FMCSA–2012– 

0279, FMCSA–2012–0337, FMCSA– 

2012–0338, FMCSA–2012–0339, 

FMCSA–2013–0024, FMCSA–2014– 

0004, FMCSA–2014–0300, FMCSA– 

2014–0301, FMCSA–2014–0304, 

FMCSA–2015–0048, FMCSA–2016– 

0029, FMCSA–2016–0207, FMCSA– 

2016–0209, FMCSA–2016–0213, 

FMCSA–2016–0214, FMCSA–2016– 

0377, FMCSA–2017–0014, FMCSA– 

2017–0017, FMCSA–2017–0018, 

FMCSA–2018–0006, FMCSA–2018– 

0013, FMCSA–2018–0017, FMCSA– 

2018–0018, FMCSA–2019–0004, 

FMCSA–2019–0008, and FMCSA–2019– 

0009. Their exemptions are applicable 

as of July 22, 2021 and will expire on 

July 22, 2023. 

As of July 23, 2021, and in accordance 

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

Bradley J. Kearl (UT) has satisfied the 

renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (80 FR 35699, 80 FR 48404, 82 

FR 33542, 84 FR 47057). 

This driver was included in docket 

number FMCSA–2015–0052. The 

exemption is applicable as of July 23, 

2021 and will expire on July 23, 2023. 

As of July 31, 2021, and in accordance 

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

Edward Swaggerty, Jr. (OH) has satisfied 

the renewal conditions for obtaining an 

exemption from the vision requirement 

in the FMCSRs for interstate CMV 

drivers (78 FR 24798, 78 FR 46407, 80 

FR 36395, 82 FR 33542, 84 FR 47057). 

This driver was included in docket 

number FMCSA–2013–0027. The 

exemption is applicable as of July 31, 

2021 and will expire on July 31, 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. 2021–15376 Filed 7–19–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0104; 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 renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for three 

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 July 12, 2021. The exemptions expire 

on July 12, 2023. Comments must be 

received on or before August 19, 2021. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2014–0104, Docket No. 

FMCSA–2018–0137, or Docket No. 

FMCSA–2018–0138 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2014–0104, 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 on the ‘‘Comment’’ 

button. Follow the online instructions 

for submitting comments. 

• Mail: Dockets Operations; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, 

DC, 20590–0001 between 9 a.m. and 5 

p.m., ET, Monday through Friday, 

except Federal Holidays. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 


khammond on DSKJM1Z7X2PROD with NOTICES
38404 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices 

‘‘Public Participation’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

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. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2014–0104, 

Docket No. FMCSA–2018–0137, or 

Docket No. FMCSA–2018–0138), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2014–0104, 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, click the ‘‘Comment’’ button, and 

type your comment into the text box on 

the following screen. Choose whether 

you are submitting your comment as an 

individual or on behalf of a third party 

and then submit. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

B. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2014–0104, 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. 

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 

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 physical qualification standard 

for drivers regarding hearing found in 

49 CFR 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). 

The three individuals listed in this 

notice have requested renewal of their 

exemptions from the hearing standard 

in § 391.41(b)(11), in accordance with 

FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable 2-year period. 

III. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

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

will take immediate steps to revoke the 

exemption of a driver. 

IV. Basis for Renewing Exemptions 

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

and 31315(b), each of the three 

applicants has satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement. The three 

drivers in this notice remain in good 

standing with the Agency. In addition, 

for Commercial Driver’s License (CDL) 

holders, the Commercial Driver’s 

License Information System and the 

Motor Carrier Management Information 

System are searched for crash and 

violation data. For non-CDL holders, the 

Agency reviews the driving records 

from the State Driver’s Licensing 

Agency. These factors provide an 

adequate basis for predicting each 

driver’s ability to continue to safely 

operate a CMV in interstate commerce. 

Therefore, FMCSA concludes that 

extending the exemption for each of 

these drivers for a period of 2 years is 

likely to achieve a level of safety equal 

to that existing without the exemption. 

As of July 12, 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: 

Jason Clark (MO); Stephen 

DiGiovanna (PA); and Jacob Hamilton 

(IN). 

The drivers were included in docket 

number FMCSA–2014–0104, FMCSA– 

2018–0137, or FMCSA–2018–0138. 

Their exemptions are applicable as of 

July 12, 2021 and will expire on July 12, 

2023. 


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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices 38405 

V. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) Each 

driver must report any crashes or 

accidents as defined in § 390.5; and (2) 

report all citations and convictions for 

disqualifying offenses under 49 CFR 383 

and 49 CFR 391 to FMCSA; and (3) each 

driver 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. Each 

exemption will be valid for 2 years 

unless rescinded earlier by FMCSA. 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. 

VII. Conclusion 

Based upon its evaluation of the three 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the hearing requirement in 

§ 391.41(b)(11). In accordance with 49 

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

exemption will be valid for two years 

unless revoked earlier by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–15379 Filed 7–19–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0006] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt seven individuals 

from the vision requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. They are unable to 

meet the vision requirement in one eye 

for various reasons. The exemptions 

enable these individuals to operate 

CMVs in interstate commerce without 

meeting the vision requirement in one 

eye. 

DATES: The exemptions were applicable 

on June 8, 2021. The exemptions expire 

on June 8, 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–2021–0006, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ 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 May 6, 2021, FMCSA published a 

notice announcing receipt of 

applications from seven individuals 

requesting an exemption from vision 

requirement in 49 CFR 391.41(b)(10) 

and requested comments from the 

public (86 FR 24436). The public 

comment period ended on June 7, 2021, 

and two comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting the 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)(10). 

The physical qualification standard 

for drivers regarding vision found in 

§ 391.41(b)(10) states that a person is 

physically qualified to drive a CMV if 

that person has distant visual acuity of 

at least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of a least 

20/40 (Snellen) in both eyes with or 

without corrective lenses, field of vision 

of at least 70° in the horizontal meridian 

in each eye, and the ability to recognize 

the colors of traffic signals and devices 

showing red, green, and amber. 

III. Discussion of Comments 

FMCSA received two comments in 

this proceeding. The Minnesota 

Department of Public Safety submitted a 

comment in support of the Agency’s 

decision to grant an exemption to Troy 

T. Driscoll. 

John Fontano submitted a comment 

requesting assistance related to the 

vision exemption program. FMCSA has 

contacted the individual to provide 

assistance. 

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 

medical reports about the applicants’ 

vision, as well as their driving records 

and experience driving with the vision 

deficiency. The qualifications, 

experience, and medical condition of 

each applicant were stated and 

discussed in detail in the May 6, 2021, 

Federal Register notice (86 FR 24436) 

and will not be repeated here. 


khammond on DSKJM1Z7X2PROD with NOTICES