[Federal Register Volume 90, Number 85 (Monday, May 5, 2025)]
[Notices]
[Pages 19075-19077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07773]
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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 applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 26 individuals
for an exemption from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions would
enable these hard of hearing and deaf individuals to operate CMVs in
interstate commerce.
DATES: 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-2025-0023 using any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov,
insert the docket number (FMCSA-2025-0023) in the keyword box and click
``Search.'' Next, choose the only 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,
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.
[[Page 19076]]
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2025-0023), 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 https://www.regulations.gov/docket/ FMCSA-2025-0023. Next, choose the only 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-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 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 request. 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
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),
respectively). In 2008, FMCSA published 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.
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\1\ https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Hearing-Evidence-Report-FinalExecutive-Summary-prot.pdf.
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On February 1, 2013, FMCSA began granting exemptions, on a case-by-
case basis, to individual drivers from the physical qualification
standard regarding hearing in 49 CFR 391.41(b)(11) (78 FR 3069). The
Agency considers relevant scientific information and literature, the
2008 Evidence Report, ``Executive Summary on Hearing, Vestibular
Function and Commercial Motor Driving Safety,'' any public comments
received, and each
[[Page 19077]]
individual's driving record in deciding whether to grant the exemption.
The 26 individuals listed in this notice have requested an
exemption from the hearing standard in 49 CFR 391.41(b)(11).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
Robert Erickson
Robert Erickson, 60, holds a class ABCDM commercial driver's
license (CDL) in Wisconsin.
Israel Gilliam
Israel Gilliam, 38, holds a class A CDL in Texas.
Timothy Hogan
Timothy Hogan, 24, holds a class C driver's license in Texas.
Kirk Johnson
Kirk Johnson, 45, holds a class E driver's license in Florida.
Randall Johnson
Randall Johnson, 54, holds a class D driver's license in Wisconsin.
Dakota Kangas
Dakota Kangas, 25, holds a class D driver's license in Wisconsin.
Camerson Luttrell
Camerson Luttrell, 23, holds a class C driver's license in
Missouri.
Shane Martin
Shane Martin, 55, holds a class DMV driver's license in Alabama.
Shellie Overstreet
Shellie Overstreet, 41, holds a class D driver's license in Utah.
Erick Salcido
Erick Salcido, 25, holds a class C driver's license in Texas.
Rex Shepard
Rex Shepard, 26, holds a class C driver's license in Maryland.
Sean Sikes
Sean Sikes, 44, holds a regular driver's license in Indiana.
Jonna Silvia
Jonna Silvia, 63, holds a class 10 driver's license in Rhode
Island.
David Warning
David Warning, 40, holds a class 10 driver's license in Rhode
Island.
Kerry Werner
Kerry Werner, 39, holds a class E driver's license in Florida.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. FMCSA will consider all comments received
before the close of business on the closing date indicated under the
DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-07773 Filed 5-2-25; 8:45 am]
BILLING CODE 4910-EX-P