Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 46311 

holder seated beside them in the 

vehicle. Werner, however, indicates in 

their exemption request that the CDL 

holder will remain in the vehicle at all 

times while the CLP holder is driving— 

just not in the front seat. Werner 

contends that an exemption from this 

regulation will benefit Werner and the 

trucking industry in three ways: 

Improving efficiency of freight 

operations by maximizing driver 

employment during an historic driver 

shortage; creating immediate 

employment and compensation 

opportunities to qualified drivers; and 

improving the overall safety of the new 

driver experience. Werner believes it 

will face a significant burden in all three 

areas if this exemption is not granted. 

Werner asserts that 49 CFR 

383.25(a)(1) has created a significant 

burden on its operations. Prior to the 

implementation of the regulation, a new 

driver’s state of domicile issued 

temporary CDLs to drivers who passed 

the CDL skills test. The temporary CDL 

made it possible for Werner to place the 

new driver as ‘‘on duty’’ and route him 

or her to the State of domicile to obtain 

a CDL, and without entering a second 

driver into an ‘‘on duty’’ status, thus 

allowing productive freight movement 

for Werner and compensation for the 

new driver. A copy of the exemption 

application is in the docket referenced 

at the beginning of this notice. 

IV. Equivalent Level of Safety 

Werner believes that by applying the 

exemption only to drivers who have 

passed the CDL skills test, hold a CLP, 

and operate the CMV under supervision 

of a CDL holder who is somewhere in 

the vehicle, an equivalent level of safety 

will likely be achieved. Werner believes 

that there is no difference between the 

CLP holders who have passed the CDL 

skills test and other truck drivers on the 

road. In fact, Werner notes that by 

allowing a CLP holder who has passed 

the CDL skills test out of State to drive 

en route to their State of domicile with 

a CDL holder present in the vehicle, 

safety will be improved over current 

regulations, which allow a new CDL 

holder to drive unsupervised 

immediately after receiving his or her 

CDL documentation. Werner will ensure 

this level of safety by maintaining 

proper, up-to-date records for all drivers 

in possession of a CLP who have passed 

the CDL skills test. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Werner’s application for an exemption 

from 49 CFR 383.25(a)(1). All comments 

received before the close of business on 

the comment closing date indicated at 

the beginning of this notice will be 

considered and will be available for 

examination in the docket at the 

location listed under the Addresses 

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. 

In addition to late comments, FMCSA 

will also continue to file, in the public 

docket, relevant information that 

becomes available after the comment 

closing date. Interested persons should 

continue to examine the public docket 

for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–17690 Filed 8–17–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0154; FMCSA– 

2013–0124; FMCSA–2014–0383; FMCSA– 

2014–0385; FMCSA–2014–0386; 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 eight 

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 are applicable 

on August 13, 2021. The exemptions 

expire on August 13, 2023. Comments 

must be received on or before 

September 17, 2021. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2012–0154, Docket No. 

FMCSA–2013–0124, Docket No. 

FMCSA–2014–0383, Docket No. 

FMCSA–2014–0385, Docket No. 

FMCSA–2014–0386, 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–2012–0154, FMCSA– 

2013–0124, FMCSA–2014–0383, 

FMCSA–2014–0385, FMCSA–2014– 

0386, or FMCSA–2018–0138 in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ 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 

‘‘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–2012–0154, 

Docket No. FMCSA–2013–0124, Docket 

No. FMCSA–2014–0383, Docket No. 

FMCSA–2014–0385, Docket No. 

FMCSA–2014–0386, 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–2012–0154, FMCSA– 


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46312 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 

2013–0124, FMCSA–2014–0383, 

FMCSA–2014–0385, FMCSA–2014– 

0386, or FMCSA–2018–0138 in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ 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–2012–0154, FMCSA– 

2013–0124, FMCSA–2014–0383, 

FMCSA–2014–0385, FMCSA–2014– 

0386, or FMCSA–2018–0138 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. 

C. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its regulatory 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 eight 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 eight 

applicants has satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement. The eight 

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 August 13, 2021, and in 

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

31315(b), the following eight 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement in the 

FMCSRs for interstate CMV drivers: 

Timothy Finley (CA) 

Frankye Helbig (FL) 

William Jones (MN) 

Tommy Lynn, Jr. (AZ) 

David Presley (TX) 

Joseph Strassburg (SD) 

Jason Swearington (TX) 

Holly Cameron Wright (NC) 

The drivers were included in docket 

number FMCSA–2012–0154, FMCSA– 

2013–0124, FMCSA–2014–0383, 

FMCSA–2014–0385, FMCSA–2014– 

0386, or FMCSA–2018–0138. Their 

exemptions are applicable as of August 

13, 2021 and will expire on August 13, 

2023. 

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 


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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 46313 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the eight 

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. 2021–17693 Filed 8–17–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice of OFAC Sanctions Actions 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is publishing the names 

of one or more persons that have been 

placed on OFAC’s Specially Designated 

Nationals and Blocked Persons List 

based on OFAC’s determination that one 

or more applicable legal criteria were 

satisfied. All property and interests in 

property subject to U.S. jurisdiction of 

these persons are blocked, and U.S. 

persons are generally prohibited from 

engaging in transactions with them. 

DATES: See SUPPLEMENTARY INFORMATION

section for effective date(s). 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Andrea Gacki, Director, tel.: 

202–622–2490; Associate Director for 

Global Targeting, tel.: 202–622–2420; 

Assistant Director for Licensing, tel.: 

202–622–2480; Assistant Director for 

Regulatory Affairs, tel.: 202–622–4855; 

or the Assistant Director for Sanctions 

Compliance & Evaluation, tel.: 202–622– 

2490. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

The Specially Designated Nationals 

and Blocked Persons List and additional 

information concerning OFAC sanctions 

programs are available on OFAC’s 

website (www.treasury.gov/ofac). 

Notice of OFAC Action(s) 

A. On August 9, 2021, OFAC 

determined that the property and 

interests in property subject to U.S. 

jurisdiction of the following persons are 

blocked under the relevant sanctions 

authority listed below. 

BILLING CODE 4810–AL–P 


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