Notice2025-05253
Qualification of Drivers; Exemption Applications; Hearing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 27, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 58 (Thursday, March 27, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13989-13991]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05253]
-----------------------------------------------------------------------
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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov/">www.regulations.gov/</a>,
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.
<bullet> Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, DC 20590-0001.
<bullet> 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.
<bullet> 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,
<a href="/cdn-cgi/l/email-protection#2c4a414f5f4d414948454f4d406c484358024b435a"><span class="__cf_email__" data-cfemail="62040f0111030f07060b01030e22060d164c050d14">[email protected]</span></a>. 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 <a href="http://www.regulations.gov/">www.regulations.gov/</a>, 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
<a href="/cdn-cgi/l/email-protection#4220302b232c6c256c26232a2e2b2c02262d366c252d34"><span class="__cf_email__" data-cfemail="dcbeaeb5bdb2f2bbf2b8bdb4b0b5b29cb8b3a8f2bbb3aa">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>, 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 27, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.