FMCSA Exemption Application for Driver Qualification Hearing

Content

ACTION:

Notice of applications for exemption; request for comments.

SUMMARY:

FMCSA announces receipt of applications from eight 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 April 16, 2026.

ADDRESSES:

You may submit comments identified by Docket No. FMCSA-2026-0049 using any of the following methods:

• Federal eRulemaking Portal: Go to www.regulations.gov, insert the docket number (FMCSA-2026-0049) 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, W58-213, Washington, DC 20590-0001.

• 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. To be sure someone is there to help you, please call (202)
366-9317 or

     (202) 366-9826 before visiting Dockets Operations.

• 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, fmcsamedical@dot.gov. 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-2026-0049), 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-2026-0049. 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 brian.g.dahlin@dot.gov. 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-2026-0049) 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
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 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 under
the “Department Wide System of Records Notices” link 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 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)). 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.

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 individual's driving record in deciding whether to grant the exemption.

The eight 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.

IV. Qualifications of Applicants

Steven Belsvik

Mr. Belsvik, 64, holds a class A commercial driver's license (CDL) in Minnesota.

Jennifer Besenyei

Ms. Besenyei, 34, holds a class A CDL in Florida.

Kristie Boling

Ms. Boling, 45, holds a class D driver's license in Ohio.

Richard Bruischart

Mr. Bruischart, 52, holds a class O driver's license in Michigan.

Jerry Glover

Mr. Glover, 75, holds a class AMV CDL in Alabama.

Gary Holt

Mr. Holt, 73, holds a class ABCDM CDL in Wisconsin.

Matthew Palanti

Mr. Palanti, 42, holds a class C driver's license in Pennsylvania.

Michael Paytosh

Mr. Paytosh, 50, holds a class D driver's license in Ohio.

V. 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
applications 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. 2026-05181 Filed 3-16-26; 8:45 am] BILLING CODE 4910-EX-P

Footnotes

(1) https://www.fmcsa.dot.gov/regulations/medical/hearing-vestibular-function-and-commercial-motor-vehicle-driver-safety-executive.

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