[Federal Register Volume 90, Number 85 (Monday, May 5, 2025)]
[Notices]
[Pages 19077-19079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07768]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0124; FMCSA-2014-0102; FMCSA-2014-0104; FMCSA-
2014-0106; FMCSA-2014-0107; FMCSA-2017-0061; FMCSA-2018-0138; FMCSA-
2020-0027; FMCSA-2020-0028; FMCSA-2022-0034; FMCSA-2022-0038; FMCSA-
2022-0039; FMCSA-2023-0017]
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 23
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 June 4, 2025.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2013-0124, Docket No. FMCSA-2014-
0102, Docket No. FMCSA-2014-0104, Docket No. FMCSA-2014-0106, Docket
No. FMCSA-2014-0107, Docket No. FMCSA-2017-0061, Docket No. FMCSA-2018-
0138, Docket No. FMCSA-2020-0027, Docket No. FMCSA-2020-0028, Docket
No. FMCSA-2022-0034, Docket No. FMCSA-2022-0038, Docket No. FMCSA-2022-
0039, or Docket No. FMCSA-2023-0017 using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov,
insert the docket number (FMCSA-2013-0124, FMCSA-2014-0102, FMCSA-2014-
0104, FMCSA-2014-0106, FMCSA-2014-0107, FMCSA-2017-0061, FMCSA-2018-
0138, FMCSA-2020-0027, FMCSA-2020-0028, FMCSA-2022-0034, FMCSA-2022-
0038, FMCSA-2022-0039, or FMCSA-2023-0017) 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.
Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, DC 20590-0001.
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.
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, Room
W64-224, Washington, DC 20590-0001, (202) 366-4001,
[email protected]. 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 (Docket No. FMCSA-2013-0124, Docket No. FMCSA-2014-0102, Docket
No. FMCSA-2014-0104, Docket No. FMCSA-2014-0106, Docket No. FMCSA-2014-
0107, Docket No. FMCSA-2017-0061, Docket No. FMCSA-2018-0138, Docket
No. FMCSA-2020-0027, Docket No. FMCSA-2020-0028, Docket No. FMCSA-2022-
0034, Docket No. FMCSA-2022-0038, Docket No. FMCSA-2022-0039, or Docket
No. FMCSA-2023-0017), indicate the specific section of this document to
which each comment applies, and
[[Page 19078]]
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 www.regulations.gov, insert
the docket number (FMCSA-2013-0124, FMCSA-2014-0102, FMCSA-2014-0104,
FMCSA-2014-0106, FMCSA-2014-0107, FMCSA-2017-0061, FMCSA-2018-0138,
FMCSA-2020-0027, FMCSA-2020-0028, FMCSA-2022-0034, FMCSA-2022-0038,
FMCSA-2022-0039, or FMCSA-2023-0017) 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 [email protected]. 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 www.regulations.gov. Insert the docket
number (FMCSA-2013-0124, FMCSA-2014-0102, FMCSA-2014-0104, FMCSA-2014-
0106, FMCSA-2014-0107, FMCSA-2017-0061, FMCSA-2018-0138, FMCSA-2020-
0027, FMCSA-2020-0028, FMCSA-2022-0034, FMCSA-2022-0038, FMCSA-2022-
0039, or FMCSA-2023-0017) 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 commenter provides, to
www.regulations.gov, as described in the system of records notice DOT/
ALL-14 FDMS (Federal Docket Management System), which can be reviewed
at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. 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 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
The physical qualification standard for drivers regarding hearing
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),
respectively).
The 23 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec. 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.
[[Page 19079]]
V. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 23
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 23 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.
Therefore, 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 that existing 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 March and
are discussed below.
As of March 3, 2025, and 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:
Richard Blaine (PA)
John Darr (TN)
Scott Friede (TX)
Boris Garth (AL)
Jeremy Graslie (AZ)
Joshua Johnson (CO)
Timothy Lewey (TX)
Kimothy McLeod (GA)
Brett Ripp (FL)
Norlan Soler (NE)
Tony Walls (MD)
Christopher Zrimsek (FL)
The drivers were included in docket number FMCSA-2014-0106, FMCSA-
2017-0061, FMCSA-2018-0138, FMCSA-2020-0027, FMCSA-2020-0028, FMCSA-
2022-0034, FMCSA-2022-0038, FMCSA-2022-0039, or FMCSA-2022-0049. Their
exemptions were applicable as of March 3, 2025, and will expire on
March 3, 2027.
As of March 10, 2025, and 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:
David Helgerson (WI); and Susan Helgerson (WI).
The drivers were included in docket number FMCSA-2013-0124. Their
exemptions were applicable as of March 10, 2025, and will expire on
March 10, 2027.
As of March 13, 2025, and 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:
John Huey (TX); and Scott Putman (TX).
The drivers were included in docket number FMCSA-2014-0107. Their
exemptions were applicable as of March 13, 2025, and will expire on
March 13, 2027.
As of March 19, 2025, and in accordance with 49 U.S.C. 31136(e) and
31315(b), Victor Morales (TX) has satisfied the renewal conditions for
obtaining an exemption from the hearing requirement in the FMCSRs for
interstate CMV drivers.
This driver was included in docket number FMCSA-2014-0106. The
exemption was applicable as of March 19, 2025, and will expire on March
19, 2027.
As of March 22, 2025, and 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:
William B. Britt (TN); and Michael Lua-Morales (PA).
The drivers were included in docket number FMCSA-2018-0137 or
FMCSA-2023-0017. Their exemptions were applicable as of March 22,
2025, and will expire on March 22, 2027.
As of March 29, 2025, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
Kenneth Harris (TX)
Joseph Kelly (PA)
Timothy Laporte (AL)
Brandon Londo (TX)
The drivers were included in docket number FMCSA-2013-0124, FMCSA-
2014-0102, or FMCSA-2014-0104. Their exemptions were applicable as of
March 29, 2025, and will expire on March 29, 2027.
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 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 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 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 23 exemption renewal applications,
FMCSA renews the exemptions of the above-named drivers from the hearing
requirement in Sec. 391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for 2 years unless
revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-07768 Filed 5-2-25; 8:45 am]
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