Notice2025-05257
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 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.
Full Text
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<title>Federal Register, Volume 90 Issue 58 (Thursday, March 27, 2025)</title>
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[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13991-13992]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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, <a href="/cdn-cgi/l/email-protection#5432393727353931303d37353814303b207a333b22"><span class="__cf_email__" data-cfemail="a0c6cdc3d3c1cdc5c4c9c3c1cce0c4cfd48ec7cfd6">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. 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 <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
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\ <a href="https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Hearing-Evidence-Report-FinalExecutive-Summary-prot.pdf">https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Hearing-Evidence-Report-FinalExecutive-Summary-prot.pdf</a>.
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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
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