Qualification of Drivers; Exemption Applications; Hearing, 13992-13993 [2025-05254]

Download as PDF 13992 Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices 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). IV. Discussion of Comments FMCSA received no comments in this proceeding. lotter on DSK11XQN23PROD with NOTICES1 V. Basis for Exemption Determination The Agency’s decision regarding these exemption applications is based on relevant scientific information and literature, and the 2008 Evidence Report, ‘‘Executive Summary on Hearing, Vestibular Function and Commercial Motor Driving Safety.’’ 1 The evidence report reached two conclusions regarding the matter of hearing loss and CMV driver safety: (1) no studies that examined the relationship between hearing loss and crash risk exclusively among CMV drivers were identified; and (2) evidence from studies of the private driver’s license holder population does not support the contention that individuals with hearing impairment are at an increased risk for a crash. In addition, the Agency 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 used as 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. Each applicant’s record demonstrated a safe driving history. Based on an individual assessment of each applicant that focused on whether an equivalent or greater level of safety would likely be achieved by permitting each of these drivers to drive in interstate commerce, the Agency did not find any evidence that the drivers granted this exemption pose a risk to public safety. Consequently, FMCSA finds further that in each case exempting these applicants from the hearing standard in § 391.41(b)(11) would likely achieve a level of safety equal to that existing without the exemption, consistent with the applicable standard in 49 U.S.C. 31315(b)(1). 1 https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/ files/docs/Hearing-Evidence-Report-FinalExecutiveSummary-prot.pdf. VerDate Sep<11>2014 17:43 Mar 26, 2025 Jkt 265001 VI. Terms and Conditions DEPARTMENT OF TRANSPORTATION The terms and conditions of the exemption are provided to the applicants in the exemption document and include the following: each driver (1) must report to FMCSA the date, location, and time of 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 citations and convictions; (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 applicable commercial driver’s license testing requirements. 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 10 exemption applications, FMCSA exempts the following drivers from the hearing standard; in § 391.41(b)(11), subject to the requirements cited above: James Armstrong (TN) Bethany Barrett (WI) Kevin Lopez Morales (ND) Socorro Melendez (TX) Robert Piacente (LA) Dalton Rosch (IA) Ferfran Sanchez Molina (NJ) Jonathan Santiago (FL) John Shepard (CT) Andrew Weaver (VA) 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, 49 U.S.C. chapter 313, or the FMCSRs. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2025–05257 Filed 3–26–25; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0154; FMCSA– 2013–0121; FMCSA–2013–0124; FMCSA– 2014–0384; FMCSA–2014–0386; FMCSA– 2015–0328; FMCSA–2016–0002; FMCSA– 2017–0057; FMCSA–2018–0135; FMCSA– 2018–0137; FMCSA–2020–0028; FMCSA– 2022–0034; FMCSA–2022–0035; FMCSA– 2022–0036; FMCSA–2022–0037; FMCSA– 2022–0038] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 25 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: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates provided below. SUMMARY: 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. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2012–0154, FMCSA– 2013–0121, FMCSA–2013–0124, FMCSA–2014–0384, FMCSA–2014– 0386, FMCSA–2015–0328, FMCSA– 2016–0002, FMCSA–2017–0057, FMCSA–2018–0135, FMCSA–2018– 0137, FMCSA–2020–0028, FMCSA– 2022–0034, FMCSA–2022–0035, FMCSA–2022–0036, FMCSA–2022– 0037, or FMCSA–2022–0038) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices 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. 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. lotter on DSK11XQN23PROD with NOTICES1 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. VerDate Sep<11>2014 17:43 Mar 26, 2025 Jkt 265001 III. Background On January 6, 2025, FMCSA published a notice announcing its decision to renew exemptions for 25 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 (90 FR 722). The public comment period ended on February 5, 2025, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions 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. 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). IV. Discussion of Comments FMCSA received no comments in this proceeding. V. Conclusion Based upon its evaluation of the 25 renewal exemption applications and comments received, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41 (b)(11). As of January 15, 2025, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 16 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (90 FR 722): Michael Arwood (TN) David Chappelear (TX) Jan Epitacio (CA) Jerry Jones (TX) Justin Kilgore (FL) Robert Knapp (MD) James Laughrey (KS) Kathy Miller (IA) Mayur Motiwale (ME) PO 00000 Frm 00142 Fmt 4703 Sfmt 9990 13993 Sarah Nickell (IN) Lesley O’Rorke (IL) Gerson Ramirez (MT) Fernando Ramirez-Savon (FL) Willine Smith (MD) Dalton Taylor (OK) Kevin Young (AL) The drivers were included in docket number FMCSA–2012–0154, FMCSA– 2013–0121, FMCSA–2013–0124, FMCSA–2017–0057, FMCSA–2018– 0137, FMCSA–2024–0034, FMCSA– 2022–0035, FMCSA–2022–0036, or FMCSA–2022–0037. Their exemptions were applicable as of January 15, 2025, and will expire on January 15, 2027. As of January 22, 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 (90 FR 722): Hassan Abdi (MN) Jeffrey Daniel (NV) Jaymes Haar (IA) Andrew Hatch (IA) Marckenzie Loriston (FL) Carlos Sotelo Sanchez (CA) The drivers were included in docket number FMCSA–2015–0328 or FMCSA– 2020–0028. Their exemptions are applicable as of January 22, 2025, and will expire on January 22, 2027. As of January 30, 2025, 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: Allen Carrasco (CA); Matthew Kaschalk (TN); and Erica Muhm (KY). The drivers were included in docket number FMCSA–2022–0038. Their exemptions are applicable as of January 30, 2025, and will expire on January 30, 2027. 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, 49 U.S.C. chapter 313, or the FMCSRs. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2025–05254 Filed 3–26–25; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13992-13993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05254]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2013-0121; FMCSA-2013-0124; FMCSA-
2014-0384; FMCSA-2014-0386; FMCSA-2015-0328; FMCSA-2016-0002; FMCSA-
2017-0057; FMCSA-2018-0135; FMCSA-2018-0137; FMCSA-2020-0028; FMCSA-
2022-0034; FMCSA-2022-0035; FMCSA-2022-0036; FMCSA-2022-0037; FMCSA-
2022-0038]


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 25 
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: 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, 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. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-2012-0154, FMCSA-2013-0121, FMCSA-2013-0124, FMCSA-2014-
0384, FMCSA-2014-0386, FMCSA-2015-0328, FMCSA-2016-0002, FMCSA-2017-
0057, FMCSA-2018-0135, FMCSA-2018-0137, FMCSA-2020-0028, FMCSA-2022-
0034, FMCSA-2022-0035, FMCSA-2022-0036, FMCSA-2022-0037, or FMCSA-2022-
0038) in the keyword box and click ``Search.'' Next, sort the results 
by ``Posted (Newer-Older),'' choose the first notice listed,

[[Page 13993]]

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.

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-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

    On January 6, 2025, FMCSA published a notice announcing its 
decision to renew exemptions for 25 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 (90 FR 722). The public 
comment period ended on February 5, 2025, and no comments were 
received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions would likely achieve a level 
of safety that is equivalent to, or greater than, the level that would 
be achieved by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing 
found in Sec.  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).

IV. Discussion of Comments

    FMCSA received no comments in this proceeding.

V. Conclusion

    Based upon its evaluation of the 25 renewal exemption applications 
and comments received, FMCSA announces its decision to exempt the 
following drivers from the hearing requirement in Sec.  391.41 (b)(11).
    As of January 15, 2025, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 16 individuals have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
the FMCSRs for interstate CMV drivers (90 FR 722):

Michael Arwood (TN)
David Chappelear (TX)
Jan Epitacio (CA)
Jerry Jones (TX)
Justin Kilgore (FL)
Robert Knapp (MD)
James Laughrey (KS)
Kathy Miller (IA)
Mayur Motiwale (ME)
Sarah Nickell (IN)
Lesley O'Rorke (IL)
Gerson Ramirez (MT)
Fernando Ramirez-Savon (FL)
Willine Smith (MD)
Dalton Taylor (OK)
Kevin Young (AL)
    The drivers were included in docket number FMCSA-2012-0154, FMCSA-
2013-0121, FMCSA-2013-0124, FMCSA-2017-0057, FMCSA-2018-0137, FMCSA-
2024-0034, FMCSA-2022-0035, FMCSA-2022-0036, or FMCSA-2022-0037. Their 
exemptions were applicable as of January 15, 2025, and will expire on 
January 15, 2027.
    As of January 22, 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 (90 FR 722):

Hassan Abdi (MN)
Jeffrey Daniel (NV)
Jaymes Haar (IA)
Andrew Hatch (IA)
Marckenzie Loriston (FL)
Carlos Sotelo Sanchez (CA)

    The drivers were included in docket number FMCSA-2015-0328 or 
FMCSA-2020-0028. Their exemptions are applicable as of January 22, 
2025, and will expire on January 22, 2027.
    As of January 30, 2025, 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:
    Allen Carrasco (CA); Matthew Kaschalk (TN); and Erica Muhm (KY).
    The drivers were included in docket number FMCSA-2022-0038. Their 
exemptions are applicable as of January 30, 2025, and will expire on 
January 30, 2027.
    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, 49 
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-05254 Filed 3-26-25; 8:45 am]
BILLING CODE 4910-EX-P
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