Notice2026-01778
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
January 29, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew exemptions for 19 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
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<title>Federal Register, Volume 91 Issue 19 (Thursday, January 29, 2026)</title>
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[Federal Register Volume 91, Number 19 (Thursday, January 29, 2026)]
[Notices]
[Pages 3981-3983]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01778]
[[Page 3981]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0122; FMCSA-2015-0326; FMCSA-2016-0003; FMCSA-
2017-0058; FMCSA-2019-0109; FMCSA-2019-0111; FMCSA-2021-0014; FMCSA-
2023-0024; FMCSA-2023-0025]
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.
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SUMMARY: FMCSA announces its decision to renew exemptions for 19
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: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below. Comments must be received on or before March 2, 2026.
ADDRESSES: You may submit comments identified by Docket No. FMCSA-2013-
0122, FMCSA-2015-0326, FMCSA-2016-0003, FMCSA-2017-0058, FMCSA-2019-
0109, FMCSA-2019-0111, FMCSA-2021-0014, FMCSA-2023-0024, or FMCSA-2023-
0025, as appropriate, 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-2013-0122, FMCSA-2015-0326, FMCSA-2016-
0003, FMCSA-2017-0058, FMCSA-2019-0109, FMCSA-2019-0111, FMCSA-2021-
0014, FMCSA-2023-0024, or FMCSA-2023-0025 as appropriate) 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,
Washington, DC 20590-0001, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#bfd9d2dcccded2dadbd6dcded3ffdbd0cb91d8d0c9"><span class="__cf_email__" data-cfemail="a4c2c9c7d7c5c9c1c0cdc7c5c8e4c0cbd08ac3cbd2">[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 (FMCSA-2013-0122, FMCSA-2015-0326, FMCSA-2016-0003, FMCSA-2017-
0058, FMCSA-2019-0109, FMCSA-2019-0111, FMCSA-2021-0014, FMCSA-2023-
0024, or FMCSA-2023-0025), 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-2013-0122, FMCSA-2015-0326, FMCSA-2016-0003,
FMCSA-2017-0058, FMCSA-2019-0109, FMCSA-2019-0111, FMCSA-2021-0014,
FMCSA-2023-0024, or FMCSA-2023-0025) 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 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#9dffeff4fcf3b3fab3f9fcf5f1f4f3ddf9f2e9b3faf2eb"><span class="__cf_email__" data-cfemail="b4d6c6ddd5da9ad39ad0d5dcd8dddaf4d0dbc09ad3dbc2">[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-2013-0122, FMCSA-2015-0326, FMCSA-2016-0003, FMCSA-2017-
0058, FMCSA-2019-0109, FMCSA-2019-0111, FMCSA-2021-0014, FMCSA-2023-
0024, or FMCSA-2023-0025) 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,
including any personal information the
[[Page 3982]]
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 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
The physical qualification standard for drivers regarding hearing,
found 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)).
The 19 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in 49 CFR 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 19
applicants have satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 19 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.
Accordingly, 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 the level that would be achieved without the
exemption.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of January
and are discussed below.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
nine individuals have satisfied the renewal conditions for obtaining an
exemption from the hearing requirement in the FMCSRs for interstate CMV
drivers:
Christopher Anderson (TX)
Joseph Bence (OH)
Christa Butner (NC)
Ryan King (NC)
John Mast (OH)
Willis Ryan (GA)
Barry Schmidt (CO)
Anthony Scott (AL)
Grover Vincent (TX)
The drivers were included in docket numbers FMCSA-2017-0058, FMCSA-
2019-0109, FMCSA-2021-0014, FMCSA-2023-0024, or FMCSA-2023-0025. Their
exemptions were applicable as of January 3, 2026, and will expire on
January 3, 2028.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
three individuals have satisfied the renewal conditions for obtaining
an exemption from the hearing requirement in the FMCSRs for interstate
CMV drivers:
Steven Andrews (FL); Jerry Doose (MN); and Donald Howton (AL).
The drivers were included in docket numbers FMCSA-2015-0326 or
FMCSA-2017-0058. Their exemptions were applicable as of January 6,
2026, and will expire on January 6, 2028.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
three individuals have satisfied the renewal conditions for obtaining
an exemption from the hearing requirement in the FMCSRs for interstate
CMV drivers:
Matthew Burgoyne (MN); Joshua Gelona (OK); and Eduardo Pedregal
(TX).
The drivers were included in docket number FMCSA-2016-0003. Their
exemptions were applicable as of January 8, 2026, and will expire on
January 8, 2028.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
two individuals have satisfied the renewal conditions for obtaining an
exemption from the hearing requirement in the FMCSRs for interstate CMV
drivers:
Chase Cooke (VA); and Douglas Gray (OR).
The drivers were included in docket numbers FMCSA-2013-0122 or
FMCSA-2017-0058. Their exemptions were applicable as of January 14,
2026, and will expire on January 14, 2028.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
two individuals have satisfied the renewal conditions for obtaining an
exemption
[[Page 3983]]
from the hearing requirement in the FMCSRs for interstate CMV drivers:
Mario Alvarado (CA); and Herman Fleck (PA).
The drivers were included in docket numbers FMCSA-2017-0058 or
FMCSA-2019-0111. Their exemptions were applicable as of January 21,
2026, and will expire on January 21, 2028.
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 49 CFR
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 law 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 19 exemption renewal applications,
FMCSA renews the exemptions of the above-named drivers from the hearing
requirement in 49 CFR 391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 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 unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-01778 Filed 1-28-26; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on January 29, 2026.
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.