Notice2026-04760
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 11, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew exemptions for 12 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 47 (Wednesday, March 11, 2026)</title>
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[Federal Register Volume 91, Number 47 (Wednesday, March 11, 2026)]
[Notices]
[Pages 12040-12042]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04760]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0057; FMCSA-2017-0058; FMCSA-2019-0111; FMCSA-
2021-0017; FMCSA-2023-0021; 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 12
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 were applicable on March 4, 2026. The exemptions
expire on March 4, 2028. Comments
[[Page 12041]]
must be received on or before April 10, 2026.
ADDRESSES: You may submit comments identified by Docket No. FMCSA-2017-
0057, FMCSA-2017-0058, FMCSA-2019-0111, FMCSA-2021-0017, FMCSA-2023-
0021, 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-2017-0057, FMCSA-2017-0058, FMCSA-2019-
0111, FMCSA-2021-0017, FMCSA-2023-0021, 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, W58-213, Washington, DC
20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, W58-213,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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#33555e5040525e56575a50525f73575c471d545c45"><span class="__cf_email__" data-cfemail="cdaba0aebeaca0a8a9a4aeaca18da9a2b9e3aaa2bb">[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-2017-0057, FMCSA-2017-0058, FMCSA-2019-0111, FMCSA-2021-
0017, FMCSA-2023-0021, 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-2017-0057, FMCSA-2017-0058, FMCSA-2019-0111,
FMCSA-2021-0017, FMCSA-2023-0021, 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#95f7e7fcf4fbbbf2bbf1f4fdf9fcfbd5f1fae1bbf2fae3"><span class="__cf_email__" data-cfemail="3f5d4d565e511158115b5e575356517f5b504b11585049">[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-2017-0057, FMCSA-2017-0058, FMCSA-2019-0111, FMCSA-2021-
0017, FMCSA-2023-0021, 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 in room W58-213 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 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
[[Page 12042]]
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 12 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 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
the person has failed to comply with the terms and conditions of the
exemption, or if safety is being compromised or if continuation of the
exemption would not be consistent with the goals and objectives of
Title 49 chapter 313 or section 31136, 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 12
applicants have satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 12 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
12 individuals have satisfied the renewal conditions for obtaining an
exemption from the hearing requirement in the FMCSRs for interstate CMV
drivers:
Baldemar Barba (TX)
Antonio Brown (LA)
William Darnell (AZ)
Lucius Fowler (IL)
Alexander Lindsay (OH)
Adrian Lopez (TX)
Rage Muse (MN)
Jodyann Nipper (IA)
Michael Paul (IL)
William Rivas (CA)
Lakeisha Rosbia (AK)
Robert Troeller (WI)
The drivers were included in docket numbers FMCSA-2017-0057, FMCSA-
2017-0058, FMCSA-2019-0111, FMCSA-2021-0017, FMCSA-2023-0021, FMCSA-
2023-0024, or FMCSA-2023-0025. Their exemptions were applicable as of
March 4, 2026, and will expire on March 4, 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 as set forth above; (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 Title 49 chapter 313 or
section 31136.
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 12 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. 2026-04760 Filed 3-10-26; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on March 11, 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.