Notice2026-11487
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
June 9, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew exemptions for 28 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 110 (Tuesday, June 9, 2026)</title>
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[Federal Register Volume 91, Number 110 (Tuesday, June 9, 2026)]
[Notices]
[Pages 34881-34884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11487]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0122; FMCSA-2013-0124; FMCSA-2014-0102; FMCSA-
2015-0327; FMCSA-2015-0328; FMCSA-2015-0329; FMCSA-2016-0002; FMCSA-
2017-0057; FMCSA-2017-0060; FMCSA-2018-0137; FMCSA-2020-0024; FMCSA-
2020-0025; FMCSA-2021-0015; FMCSA-2022-0033; FMCSA-2024-0007; FMCSA-
2024-0009; FMCSA-2024-0010]
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 28
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 July 9, 2026.
ADDRESSES: You may submit comments identified by Docket No. FMCSA-2013-
0122, FMCSA-2013-0124, FMCSA-2014-0102, FMCSA-2015-0327, FMCSA-2015-
0328, FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-2017-0057, FMCSA-2017-
0060, FMCSA-2018-0137, FMCSA-2020-0024, FMCSA-2020-0025, FMCSA-2021-
0015, FMCSA-2022-0033,
[[Page 34882]]
FMCSA-2024-0007, FMCSA-2024-0009, or FMCSA-2024-0010, 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-2013-0124, FMCSA-2014-
0102, FMCSA-2015-0327, FMCSA-2015-0328, FMCSA-2015-0329, FMCSA-2016-
0002, FMCSA-2017-0057, FMCSA-2017-0060, FMCSA-2018-0137, FMCSA-2020-
0024, FMCSA-2020-0025, FMCSA-2021-0015, FMCSA-2022-0033, FMCSA-2024-
0007, FMCSA-2024-0009, or FMCSA-2024-0010, 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#8ceae1efffede1e9e8e5efede0cce8e3f8a2ebe3fa"><span class="__cf_email__" data-cfemail="a6c0cbc5d5c7cbc3c2cfc5c7cae6c2c9d288c1c9d0">[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-2013-0124, FMCSA-2014-0102, FMCSA-2015-
0327, FMCSA-2015-0328, FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-2017-
0057, FMCSA-2017-0060, FMCSA-2018-0137, FMCSA-2020-0024, FMCSA-2020-
0025, FMCSA-2021-0015, FMCSA-2022-0033, FMCSA-2024-0007, FMCSA-2024-
0009, or FMCSA-2024-0010), 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-2013-0124, FMCSA-2014-0102,
FMCSA-2015-0327, FMCSA-2015-0328, FMCSA-2015-0329, FMCSA-2016-0002,
FMCSA-2017-0057, FMCSA-2017-0060, FMCSA-2018-0137, FMCSA-2020-0024,
FMCSA-2020-0025, FMCSA-2021-0015, FMCSA-2022-0033, FMCSA-2024-0007,
FMCSA-2024-0009, or FMCSA-2024-0010) 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#2341514a424d0d440d47424b4f4a4d63474c570d444c55"><span class="__cf_email__" data-cfemail="0b6979626a65256c256f6a636762654b6f647f256c647d">[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-2013-0124, FMCSA-2014-0102, FMCSA-2015-
0327, FMCSA-2015-0328, FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-2017-
0057, FMCSA-2017-0060, FMCSA-2018-0137, FMCSA-2020-0024, FMCSA-2020-
0025, FMCSA-2021-0015, FMCSA-2022-0033, FMCSA-2024-0007, FMCSA-2024-
0009, or FMCSA-2024-0010) 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
[[Page 34883]]
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 of safety 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 28 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 28
applicants have satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 28 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, or greater than, the level of safety 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 June and
are discussed below.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
11 individuals have satisfied the renewal conditions for obtaining an
exemption from the hearing requirement in the FMCSRs for interstate CMV
drivers:
Judith Badore (VT)
Sabrina Baltenbach-Lankenau (OH)
Kwinton Carpenter (OH)
Gregory Crane (AZ)
Kevin Dent (MS)
Gabriel Garza (TX)
Robert Hilber (TX)
Robert Lara Lara (RI)
Michael Olsen (CA)
Michael Quinonez (NM)
James Schubin (CA)
The drivers were included in docket numbers FMCSA-2013-0122, FMCSA-
2013-0124, FMCSA-2016-0002, FMCSA-2017-0057, FMCSA-2018-0137, FMCSA-
2021-0015, FMCSA-2022-0033, FMCSA-2024-0007, or FMCSA-2024-0009. Their
exemptions were applicable as of June 3, 2026, and will expire on June
3, 2028.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
eight individuals have satisfied the renewal conditions for obtaining
an exemption from the hearing requirement in the FMCSRs for interstate
CMV drivers:
Paul Aseka (TX)
Glenn Ferguson (TX)
Richard Hadlock (OR)
Yoel Lopez Perez (FL)
Anthony Panto (NJ)
Daniel Tricolici (MA)
Fernando Velasquez (TX)
Scott Weeaks (OK)
The drivers were included in docket numbers FMCSA-2015-0327, FMCSA-
2015-0328, FMCSA-2015-0329, or FMCSA-2020-0024. Their exemptions were
applicable as of June 17, 2026, and will expire on June 17, 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:
Gantulga Badarch (IL); Awash Demoz (MD); and Kyle Taylor (GA).
The drivers were included in docket number FMCSA-2020-0025.
Their exemptions were applicable as of June 18, 2026, and will
expire on June 18, 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:
Richard Greene (NC); and George Vlahos (NJ).
The drivers were included in docket number FMCSA-2024-0010. Their
exemptions were applicable as of June 22, 2026, and will expire on June
22, 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:
Alfredo Ramirez (TX); and Julie Ramirez (TX).
The drivers were included in docket number FMCSA-2014-0102. Their
exemptions were applicable as of June 25, 2026, and will expire on June
25, 2028.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
two individuals have satisfied the renewal
[[Page 34884]]
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Leroy Carter (OH); and Richard Fisher (PA).
These drivers were included in docket number FMCSA-2017-0060. The
exemptions were applicable as of June 29, 2026, and will expire on June
29, 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.
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 28 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.
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 Title 49,
chapter 313 or section 31136.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-11487 Filed 6-8-26; 8:45 am]
BILLING CODE 4910-EX-P
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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.