Notice2025-21419
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
November 28, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to exempt 11 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 227 (Friday, November 28, 2025)</title>
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[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Pages 54856-54857]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21419]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0024]
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 11 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 were applicable on August 30, 2025. The
exemptions expire on August 30, 2027.
FOR FURTHER INFORMATION CONTACT: Ms. Evangela Hollowell, Acting Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, (202) 527-4750, <a href="/cdn-cgi/l/email-protection#0563686676646860616c66646945616a712b626a73"><span class="__cf_email__" data-cfemail="93f5fef0e0f2fef6f7faf0f2ffd3f7fce7bdf4fce5">[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-2025-0024) in the keyword box and click ``Search.'' Next,
choose the only 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.
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,
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 FDMS (Federal Docket Management System), which can be reviewed
under the ``Department Wide System of Records Notices'' link 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 posted without edit and 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 the 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 the application, 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 the
standard set forth in 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 July 24, 2025, FMCSA published a notice announcing receipt of
applications from 11 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 (90 FR
34954). The public comment period ended on August 25, 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.
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)).
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
[[Page 54857]]
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/regulations/medical/hearing-vestibular-function-and-commercial-motor-vehicle-driver-safety-executive">https://www.fmcsa.dot.gov/regulations/medical/hearing-vestibular-function-and-commercial-motor-vehicle-driver-safety-executive</a>.
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Consequently, FMCSA further finds that in each case exempting these
applicants from the hearing standard in Sec. 391.41(b)(11) would
likely achieve a level of safety equivalent to the level of safety that
would be achieved 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 11 exemption applications, FMCSA
exempts the following drivers from the hearing standard in Sec.
391.41(b)(11), subject to the requirements cited above:
Mark Abercrombie (SC)
Armando Bejarano (CA)
Charles Brubaker (VA)
Dimov Dimitar (CA)
Steven Hoyer (FL)
Andrew Love (MS)
Wanda Nivol (DE)
Antoine Parks (OH)
Juan Tenezaca (NJ)
Nicholas Walters (ND)
Chardena West (OH)
In accordance with 49 U.S.C. 31315(b), and FMCSA's policy of
issuing medical exemptions for a 2-year period to correspond with the
medical certificate, 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. 2025-21419 Filed 11-26-25; 8:45 am]
BILLING CODE 4910-EX-P
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