Notice2025-21424
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 26 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
<html>
<head>
<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Pages 54844-54846]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21424]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0023]
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 exempt 26 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 June 9, 2025. The exemptions
expire on June 9, 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#cdaba0aebeaca0a8a9a4aeaca18da9a2b9e3aaa2bb"><span class="__cf_email__" data-cfemail="01676c6272606c64656862606d41656e752f666e77">[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-2025-0023) 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
[[Page 54845]]
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 May 5, 2025, FMCSA published a notice announcing receipt of
applications from 26 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
19075). The public comment period ended on June 4, 2025, and two
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 two comments in this proceeding. Kelly Moore stated
that driver qualification standards should not be determined by
jurisdictions, as drivers already undergo medical evaluations as part
of the process in receiving a driver's license. Kelly Moore stated that
once a license is obtained, the individual has a legal right to drive
without having to justify their ability to other states or counties.
An anonymous commenter stated that hearing-impaired drivers are not
suitable candidates for a hazardous materials endorsement because
drivers must stop at all railroad crossings to listen for a train in
case the signals are inoperative.
In response to Kelly Moore's comment, FMCSA notes that the FMCSRs
establish the physical qualification requirements for drivers who
operate CMVs in interstate commerce, including the hearing standard,
and that determining whether a driver is physically qualified is not up
to each jurisdiction. In response to the anonymous comment, drivers
issued a Federal hearing exemption are exempt only from meeting the
requirement in 49 CFR 391.41(b)(11). Drivers are not exempt from
meeting requirements to obtain a hazardous materials endorsement on the
commercial driver's license.
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.
---------------------------------------------------------------------------
\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>.
---------------------------------------------------------------------------
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
[[Page 54846]]
(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 26 exemption applications, FMCSA
exempts the following drivers from the hearing standard; in Sec.
391.41(b)(11), subject to the requirements cited above:
Seydi Annayev (OR)
Robert Ballengee (IA)
Alicia Bartlett (VT)
Charlotte Bolden (IL)
Michael Brissette (TX)
Quavonte Brooks (TX)
Kiara Brown (GA)
Marcus Bryant (CA)
Kimberly Cain (SD)
Zachary Crawford (TX)
Ambrose Dannels (TX)
Robert Erickson (WI)
Israel Gilliam (TX)
Timothy Hogan (TX)
Kirk Johnson (FL)
Randall Johnson (WI)
Dakota Kangas (WI)
Camerson Luttrell (MO)
Shane Martin (AL)
Shellie Overstreet (UT)
Erick Salcido (TX)
Rex Shepard (MD)
Sean Sikes (IN)
Jonna Silvia (RI)
David Warning (RI)
Kerry Werner (FL)
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. 2025-21424 Filed 11-26-25; 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 November 28, 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.