Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41885 

1These criteria may be found in APPENDIX A TO 

PART 391—MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, 

and 5, which is available on the internet at https:// 

www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ 

CFR-2015-title49-vol5-part391-appA.pdf. 

Jeffrey Douglass (ME) 

Phillip Halfman (WI) 

Christopher Nonnenkamp (MO) 

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. 2021–16527 Filed 8–2–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2008–0355; FMCSA– 

2010–0203; FMCSA–2015–0115; FMCSA– 

2015–0323; FMCSA–2016–0313; FMCSA– 

2016–0315; FMCSA–2018–0056; FMCSA– 

2018–0057; FMCSA–2019–0027; FMCSA– 

2019–0029] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

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 11 

individuals from the requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) that interstate 

commercial motor vehicle (CMV) 

drivers have ‘‘no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause loss of consciousness or any 

loss of ability to control a CMV.’’ The 

exemptions enable these individuals 

who have had one or more seizures and 

are taking anti-seizure medication 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, 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–2008–0355, FMCSA– 

2010–0203, FMCSA–2015–0115, 

FMCSA–2015–0323, FMCSA–2016– 

0313, FMCSA–2016–0315, FMCSA– 

2018–0056, FMCSA–2018–0057, 

FMCSA–2019–0027, or FMCSA–2019– 

0029 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 9, 2021, FMCSA published a 

notice announcing its decision to renew 

exemptions for 11 individuals from the 

epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8) to 

operate a CMV in interstate commerce 

and requested comments from the 

public (86 FR 30675). The public 

comment period ended on July 9, 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 

§ 391.41(b)(8). 

The physical qualification standard 

for drivers regarding epilepsy found in 

§ 391.41(b)(8) states that a person is 

physically qualified to drive a CMV if 

that person has no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause the loss of consciousness or any 

loss of ability to control a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist medical examiners in determining 

whether drivers with certain medical 

conditions are qualified to operate a 

CMV in interstate commerce. 

III. Discussion of Comments 

FMCSA received no comments in this 

preceding. 

IV. Conclusion 

Based on its evaluation of the 11 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following drivers from the 

epilepsy and seizure disorders 

prohibition in § 391.41(b)(8). 

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

and 31315(b), the following groups of 

drivers received renewed exemptions in 

the month of June and are discussed 

below. As of June 10, 2021, and in 

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

31315(b), the following 10 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers (86 FR 30675): 

John D. Archer (MO) 

Brian Brown (PA) 

Richard Conway Jr. (MO) 

Daniel Gast (KS) 

Stephen Harmon (WV) 

Denton Hineline (WA) 

Steve Hunsaker (ID) 

Bryan R. Jones (PA) 

Jason Lewis (CA) 

Elvin Paul Morgan (CA) 

The drivers were included in docket 

number FMCSA–2008–0355, FMCSA– 

2010–0203, FMCSA–2015–0115, 

FMCSA–2015–0323, FMCSA–2016– 

0313, FMCSA–2016–0315, FMCSA– 

2018–0056, FMCSA–2018–0057, or 

FMCSA–2019–0027. Their exemptions 

were applicable as of June 10, 2021 and 

will expire on June 10, 2023. 

As of June 18, 2021, and in 

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

31315(b), Alan Finlayson (AL) has 

satisfied the renewal conditions for 

obtaining an exemption from the 


jbell on DSKJLSW7X2PROD with NOTICES
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 FMCSA–2019–0029. The 

exemption was applicable as of June 18, 

2021 and will expire on June 18, 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. 2021–16528 Filed 8–2–21; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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 

§ 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. 

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 (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– 


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