FMCSA Renews Driver Qualification Exemptions and Seeks Comments

Content

ACTION:

Notice of renewal of exemptions; request for comments.

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

  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:

• Federal eRulemaking Portal: Go to www.regulations.gov, 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.

• 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.

• 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-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 www.regulations.gov, 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 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-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 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)).

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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