Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices 48797 

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 25 individuals listed in this 

notice have requested an exemption 

from the hearing requirement in 49 CFR 

391.41(b)(11). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

the exemption will achieve the required 

level of safety mandated by statute. 

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). 

On February 1, 2013, FMCSA 

announced in a Notice of Final 

Disposition titled, ‘‘Qualification of 

Drivers; Application for Exemptions; 

National Association of the Deaf,’’ (78 

FR 7479), its decision to grant requests 

from 40 individuals for exemptions 

from the Agency’s physical qualification 

standard concerning hearing for 

interstate CMV drivers. Since that time 

the Agency has published additional 

notices granting requests from hard of 

hearing and deaf individuals for 

exemptions from the Agency’s physical 

qualification standard concerning 

hearing for interstate CMV drivers. 

III. Qualifications of Applicants 

Judith Badore 

Ms. Badore, 78, holds a class B license 

in Vermont. 

Eric Bastian 

Mr. Bastian, 37, holds a class B 

license in New York. 

Michael Camacho-Luna 

Mr. Camacho-Luna, 41, holds a class 

D license in Virginia. 

Kevin Clickner 

Mr. Clickner, 56, holds a CDL in 

Michigan. 

Tiffany Davis 

Ms. Davis, 29, holds a class E license 

in Florida. 

Jonathon DeBoer 

Mr. DeBoer, 40, holds a class C 

license in California. 

Michael Garman 

Mr. Garman, 29, holds an operator’s 

license in Indiana. 

Dareous Glover 

Mr. Glover, 23, holds a class D license 

in Illinois. 

Delroy Hunt 

Mr. Hunt, 35, holds a class E license 

in Florida. 

Andrew Jones 

Mr. Jones, 40, holds a CDL in Iowa. 

Lawrence Mills 

Mr. Mills, 56, holds a class D license 

in Ohio. 

John Norman 

Mr. Norman, 52, holds a class A CDL 

in Illinois. 

Destin Overstreet 

Mr. Overstreet, 25, holds a class D 

license in Utah. 

Damiere Phillips 

Mr. Phillips, 28, holds a class C 

license in Pennsylvania. 

Stuart Randles 

Mr. Randles, 56, holds a class E 

license in Florida. 

David Ritter 

Mr. Ritter, 65, holds a class A license 

in Washington. 

Beau Robinson 

Mr. Robinson, 39, holds a class C 

license in Texas. 

Jose Rosales 

Mr. Rosales, 44, holds a class C 

license in Maryland. 

Christopher Shaw 

Mr. Shaw, 31, holds a class C license 

in Maryland. 

Harmeet Singh 

Mr. Singh, 28, holds a class C license 

in California. 

William Smitley 

Mr. Smitley, 37, holds a class AM 

CDL in California. 

Kyle Voss 

Mr. Voss, 31, holds a class C license 

in Texas. 

Deborah Wagner 

Ms. Wagner, 44, holds a class C 

license in Pennsylvania. 

Donald Weyand 

Mr. Weyand, 33, holds a class C 

license in Michigan. 

Steven Woods 

Mr. Woods, 33, holds a class D license 

in Tennessee. 

IV. Request for Comments 

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

and 31315(b), FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

under the DATES section of the notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–18779 Filed 8–30–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2008–0355; FMCSA– 

2011–0089; FMCSA–2014–0381; FMCSA– 

2014–0382; FMCSA–2017–0253; FMCSA– 

2018–0057; FMCSA–2019–0028; 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. 


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48798 Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices 

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. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 13 

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: The exemptions were applicable 

on July 12, 2021. The exemptions expire 

on July 12, 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–2008–0355, FMCSA– 

2011–0089, FMCSA–2014–0381, 

FMCSA–2014–0382, FMCSA–2017– 

0253, FMCSA–2018–0057, FMCSA– 

2019–0028, 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 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 

On July 15, 2021, FMCSA published 

a notice announcing its decision to 

renew exemptions for 13 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 37397). The public 

comment period ended on August 16, 

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 13 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following drivers from the 

epilepsy and seizure disorders 

prohibition in § 391.41(b)(8). 

As of July 12, 2021, and in accordance 

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

the following 13 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 37397): 

Prince Austin, Jr. (OH) 

Darcy Baker (OH) 

Gary Bartels (SD) 

Frank Cekovic (PA) 

Monte DeRocini (PA) 

Teddy Dixon (GA) 

Jaime Dougherty (MN) 

Martin Ford (WI) 

David Johnston (HI) 

Brent Mapes (IL) 

Enrico Mucci (PA) 

Charles Skelton (AL) 

Kevin Wiggins (KY) 

The drivers were included in docket 

number FMCSA–2008–0355, 

FMCSA–2011–0089, FMCSA–2014– 

0381, FMCSA–2014–0382, FMCSA– 

2017–0253, FMCSA–2018–0057, 

FMCSA–2019–0028, or FMCSA–2019– 

0029. Their exemptions were applicable 

as of July 12, 2021 and will expire on 

July 12, 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. 2021–18780 Filed 8–30–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Funding Opportunity for 

Consolidated Rail Infrastructure and 

Safety Improvements 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Funding Opportunity 

(NOFO or notice). 

SUMMARY: This notice details the 

application requirements and 

procedures to obtain grant funding for 

eligible projects under the Consolidated 

Rail Infrastructure and Safety 

Improvements (CRISI) Program, and 

related Trespass Prevention projects. 

The opportunities described in this 

notice are made available under 

Assistance Listings Number 20.325, 

‘‘Consolidated Rail Infrastructure and 

Safety Improvements.’’ 

DATES: Applications for funding under 

this solicitation are due no later than 

5:00 p.m. ET, November 29, 2021. 

Applications that are incomplete or 

received after 5:00 p.m. ET on 

November 29, 2021 will not be 

considered for funding. See Section D of 


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