Qualification of Drivers; Exemption Applications; Hearing, 13991-13992 [2025-05257]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13991-13992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05257]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0277]


Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of final disposition.

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SUMMARY: 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, [email protected]. 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-2024-0277) in the keyword box and click ``Search.'' Next, 
sort the results by ``Posted (Older-Newer),'' 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-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 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 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.

[[Page 13992]]

    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. 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.
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    \1\ https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Hearing-Evidence-Report-FinalExecutive-Summary-prot.pdf.
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    Consequently, FMCSA finds further that in each case exempting these 
applicants from the hearing standard in Sec.  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).

VI. Terms and Conditions

    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 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 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 Sec.  
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