Qualification of Drivers; Exemption Applications; Hearing, 13989-13991 [2025-05253]

Download as PDF Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices history of epilepsy and have been seizure free since 2013. They take antiseizure medication with the dosage and frequency remaining the same since September 30, 2015. Their physician states that they are supportive of Aaron McEuen receiving an exemption. Melissa Mohr Melissa Mohr is a 40-year-old class DM regular license holder in Wisconsin. They have a history of seizures and have been seizure free since 2017. They take anti-seizure medication with the dosage and frequency remaining the same since October 31, 2016. Their physician states that they are supportive of Melissa Mohr receiving an exemption. Joshua Parente Joshua Parente is a 47-year-old class DM license holder in New York. They have a history of juvenile myoclonic epilepsy and have been seizure free since November 21, 2016. They take anti-seizure medication with the dosage and frequency remaining the same since 2016. Their physician states that they are supportive of Joshua Parente receiving an exemption. Jeffrey Schultz Jeffrey Schultz is a 38-year-old class ABCD CDL holder in Wisconsin. They have a history of seizure disorder and have been seizure free since May 2016. They take anti-seizure medication with the dosage and frequency remaining the same since May 2016. Their physician states that they are supportive of Jeffrey Schultz receiving an exemption. Christopher Wetherell Christopher Wetherell is a 37-year-old class D license holder in Massachusetts. They have a history of idiopathic generalized epilepsy and have been seizure free since 2011. They take antiseizure medication with the dosage and frequency remaining the same since October 30, 2022. Their physician states that they are supportive of Christopher Wetherell receiving an exemption. lotter on DSK11XQN23PROD with NOTICES1 V. 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. 2025–05250 Filed 3–26–25; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 17:43 Mar 26, 2025 Jkt 265001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0124; FMCSA– 2014–0103; FMCSA–2017–0058; FMCSA– 2022–0038; FMCSA–2022–0039] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for six 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 February 28, 2025. The exemptions expire on February 28, 2027. Comments must be received on or before April 28, 2025. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2013–0124, Docket No. FMCSA–2014–0103, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2022–0038, or Docket No. FMCSA–2022–0039 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2013–0124, FMCSA– 2014–0103, FMCSA–2017–0058, FMCSA–2022–0038, or FMCSA–2022– 0039) 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, Washington, DC 20590– 0001. • Hand Delivery: West Building Ground Floor, 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. SUMMARY: PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 13989 Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001, (202) 366– 4001, fmcsamedical@dot.gov. Office hours are 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: FOR FURTHER INFORMATION CONTACT: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2013–0124, Docket No. FMCSA–2014–0103, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2022–0038, or Docket No. FMCSA–2022–0039), 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–2013–0124, FMCSA– 2014–0103, FMCSA–2017–0058, FMCSA–2022–0038, or FMCSA–2022– 0039) 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. FMCSA will consider all comments and material received during the comment period. B. Confidential Business Information (CBI) CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information E:\FR\FM\27MRN1.SGM 27MRN1 13990 Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as ‘‘PROPIN’’ to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001 or via email at brian.g.dahlin@ dot.gov. At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this notice. lotter on DSK11XQN23PROD with NOTICES1 C. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2013–0124, FMCSA– 2014–0103, FMCSA–2017–0058, FMCSA–2022–0038, or FMCSA–2022– 0039) 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 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. D. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption requests. 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 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from Federal Motor Carrier VerDate Sep<11>2014 17:43 Mar 26, 2025 Jkt 265001 Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including the applicant’s safety analysis. The Agency must provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved absent such exemption, pursuant to 49 U.S.C. 31315(b)(1. The Agency must publish its decision in the Federal Register (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision from which the applicant will be exempt the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)). FMCSA grants medical exemptions from the FMCSRs for a 2-year period to align with the maximum duration of a driver’s medical certification. III. Background The physical qualification standard for drivers regarding hearing 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 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), respectively). The six 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. PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 IV. 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. V. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the six applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The six drivers in this notice remain in good standing with the Agency. In addition, the Agency has reviewed each applicant’s certified driving record from their State Driver’s Licensing Agency (SDLA). The information obtained from each applicant’s driving record provides the Agency with details regarding any moving violations or reported crash data, which demonstrates whether the driver has a safe driving history and is an indicator of future driving performance. If the driving record revealed a crash, FMCSA requested and reviewed the related police reports and other relevant documents, such as the citation and conviction information. 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 equivalent to that existing without the exemption. As of February 28, 2025, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following six individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Elder Berroa (PA) Chad D’Amore (PA) Sean Dearsman (OH) Joshua Drane (TX) Ervin Mitchell (TX) Quinton Murphy (WI) The drivers were included in docket number FMCSA–2013–0124, FMCSA– 2014–0103, FMCSA–2017–0058, FMCSA–2022–0038, or FMCSA–2022– 0039. Their exemptions are applicable as of February 28, 2025, and will expire on February 28, 2027. E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices VI. Terms and Conditions The exemptions are extended subject to the following conditions: each driver (1) must report to FMCSA any crashes as defined in § 390.5T, within 7 days of the crash; (2) must report to FMCSA any citations and convictions for disqualifying offenses under 49 CFR parts 383 and 391, within 7 days of the citation and conviction; (3) must submit to FMCSA annual certified driving records from their SDLA; and (4) 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 driver must meet all the applicable commercial driver’s license 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). VII. 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. VIII. Conclusion Based upon its evaluation of the six exemption applications, FMCSA renews the exemptions of the above-named 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 2 years unless revoked earlier by FMCSA. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2025–05253 Filed 3–26–25; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration lotter on DSK11XQN23PROD with NOTICES1 [Docket No. FMCSA–2024–0277] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: VerDate Sep<11>2014 17:43 Mar 26, 2025 Jkt 265001 FMCSA announces its decision to exempt 10 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 are applicable on February 1, 2025. The exemptions expire on February 1, 2027. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, (202) 366–4001, fmcsamedical@dot.gov. 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: SUMMARY: I. Public Participation A. Viewing Comments To view comments, go to www.regulations.gov. Insert the docket number (FMCSA–2024–0277) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (OlderNewer),’’ 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 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 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption requests. 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 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 13991 must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including the applicant’s safety analysis. The Agency must provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved absent such exemption, pursuant to 49 U.S.C. 31315(b)(1. The Agency must publish its decision in the Federal Register (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision from which the applicant will be exempt the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)). FMCSA grants medical exemptions from the FMCSRs for a 2-year period to align with the maximum duration of a driver’s medical certification. III. Background On December 27, 2024, FMCSA published a notice announcing receipt of applications from 10 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 (89 FR 105682). The public comment period ended on January 27, 2025, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals would likely achieve a level of safety that is 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. E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13989-13991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05253]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0124; FMCSA-2014-0103; FMCSA-2017-0058; FMCSA-
2022-0038; FMCSA-2022-0039]


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 six 
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 February 28, 2025. The 
exemptions expire on February 28, 2027. Comments must be received on or 
before April 28, 2025.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2013-0124, Docket No. FMCSA-2014-
0103, Docket No. FMCSA-2017-0058, Docket No. FMCSA-2022-0038, or Docket 
No. FMCSA-2022-0039 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2013-0124, FMCSA-2014-0103, FMCSA-2017-
0058, FMCSA-2022-0038, or FMCSA-2022-0039) 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, 
Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, 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, FMCSA, DOT, 1200 New Jersey Avenue SE, Room 
W64-224, Washington, DC 20590-0001, (202) 366-4001, 
[email protected]. Office hours are 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-2013-0124, Docket No. FMCSA-2014-0103, Docket 
No. FMCSA-2017-0058, Docket No. FMCSA-2022-0038, or Docket No. FMCSA-
2022-0039), 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-2013-0124, FMCSA-2014-0103, FMCSA-2017-0058, 
FMCSA-2022-0038, or FMCSA-2022-0039) 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 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. FMCSA will consider all comments and 
material received during the comment period.

B. Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the notice contain commercial or 
financial information

[[Page 13990]]

that is customarily treated as private, that you actually treat as 
private, and that is relevant or responsive to the notice, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission that constitutes CBI as 
``PROPIN'' to indicate it contains proprietary information. FMCSA will 
treat such marked submissions as confidential under the Freedom of 
Information Act, and they will not be placed in the public docket of 
the notice. Submissions containing CBI should be sent to Brian Dahlin, 
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at 
[email protected]. At this time, you need not send a duplicate 
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any 
comments FMCSA receives not specifically designated as CBI will be 
placed in the public docket for this notice.

C. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-2013-0124, FMCSA-2014-0103, FMCSA-2017-0058, FMCSA-2022-
0038, or FMCSA-2022-0039) 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 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.

D. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption requests. 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 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). 
FMCSA must publish a notice of each exemption request in the Federal 
Register (49 CFR 381.315(a)). The Agency must provide the public an 
opportunity to inspect the information relevant to the application, 
including the applicant's safety analysis. The Agency must provide an 
opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved absent such exemption, pursuant to 49 U.S.C. 31315(b)(1. The 
Agency must publish its decision in the Federal Register (49 CFR 
381.315(b)). If granted, the notice will identify the regulatory 
provision from which the applicant will be exempt the effective period, 
and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). 
If the exemption is denied, the notice will explain the reason for the 
denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 
381.300(b)). FMCSA grants medical exemptions from the FMCSRs for a 2-
year period to align with the maximum duration of a driver's medical 
certification.

III. Background

    The physical qualification standard for drivers regarding hearing 
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 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), 
respectively).
    The six individuals listed in this notice have requested renewal of 
their exemptions from the hearing standard in Sec.  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.

IV. 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.

V. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the six 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the hearing requirement. The six drivers in this notice 
remain in good standing with the Agency. In addition, the Agency has 
reviewed each applicant's certified driving record from their State 
Driver's Licensing Agency (SDLA). The information obtained from each 
applicant's driving record provides the Agency with details regarding 
any moving violations or reported crash data, which demonstrates 
whether the driver has a safe driving history and is an indicator of 
future driving performance. If the driving record revealed a crash, 
FMCSA requested and reviewed the related police reports and other 
relevant documents, such as the citation and conviction information. 
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 equivalent to that existing without the exemption.
    As of February 28, 2025, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers:

Elder Berroa (PA)
Chad D'Amore (PA)
Sean Dearsman (OH)
Joshua Drane (TX)
Ervin Mitchell (TX)
Quinton Murphy (WI)

    The drivers were included in docket number FMCSA-2013-0124, FMCSA-
2014-0103, FMCSA-2017-0058, FMCSA-2022-0038, or FMCSA-2022-0039. Their 
exemptions are applicable as of February 28, 2025, and will expire on 
February 28, 2027.

[[Page 13991]]

VI. Terms and Conditions

    The exemptions are extended subject to the following conditions: 
each driver (1) must report to FMCSA any crashes as defined in Sec.  
390.5T, within 7 days of the crash; (2) must report to FMCSA any 
citations and convictions for disqualifying offenses under 49 CFR parts 
383 and 391, within 7 days of the citation and conviction; (3) must 
submit to FMCSA annual certified driving records from their SDLA; and 
(4) 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 driver must meet all the 
applicable commercial driver's license 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).

VII. 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.

VIII. Conclusion

    Based upon its evaluation of the six exemption applications, FMCSA 
renews the exemptions of the above-named drivers from the hearing 
requirement in Sec.  391.41(b)(11). 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. 2025-05253 Filed 3-26-25; 8:45 am]
BILLING CODE 4910-EX-P
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