Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 13135 

1 In their renewal request, the applicants 

additionally asked for relief from 49 CFR 393.11, 

which requires ‘‘lamps or reflective devices’’ to be 

affixed to the rear of a load that extends more than 

4 feet beyond a trailer. Because this is a new request 

for exemption, FMCSA is not considering the 

request with the renewal of the current exemption. 

FMCSA will process that request separately. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based upon its evaluation of the 16 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following drivers from the 

hearing requirement in § 391.41(b)(11). 

As of January 6, 2024, 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 (89 FR 434): 

Steven Andrews (FL) 

John Brown (MN) 

Jerry Doose (MN) 

Donald Howton (AL) 

The drivers were included in docket 

numbers FMCSA–2015–0326, FMCSA– 

2015–0329, or FMCSA–2017–0058. 

Their exemptions were applicable as of 

January 6, 2024 and will expire on 

January 6, 2026. 

As of January 8, 2024, and 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 (89 

FR 434): 

Matthew Burgoyne (MN); Joshua 

Gelona (OK); Eduardo Pedregal (TX). 

The drivers were included in docket 

number FMCSA–2016–0003. Their 

exemptions were applicable as of 

January 8, 2024 and will expire on 

January 8, 2026. 

As of January 14, 2024, 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 (89 FR 435): 

Geoffrey Canoyer (MN) 

Chase Cooke (VA) 

Douglas Gray (OR) 

Sue Gregory (UT) 

The drivers were included in docket 

numbers FMCSA–2013–0122, 

FMCSA–2013–0123, or FMCSA– 

2017–0058. Their exemptions were 

applicable as of January 14, 2024 and 

will expire on January 14, 2026. 

As of January 21, 2024, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following five individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Mario Alvarado (CA) 

Kevin Clickner (MI) 

Herman Fleck (PA) 

Matthew Honkanen (MN) 

Michael Steffen (IN) 

The drivers were included in docket 

numbers FMCSA–2017–0058, FMCSA– 

2019–0111, FMCSA–2020–0024, or 

FMCSA–2021–0015. Their exemptions 

were applicable as of January 21, 2024 

and will expire on January 21, 2026. 

In accordance with 49 U.S.C. 

31315(b), 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 49 U.S.C. 31136, 49 

U.S.C. chapter 313, or the FMCSRs. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–03435 Filed 2–20–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0090] 

Parts and Accessories Necessary for 

Safe Operation; Exemption Renewal 

for Automobile Carriers Conference 

and Auto Haulers Association of 

America 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of provisional renewal of 

exemption; request for comments. 

SUMMARY: FMCSA announces its 

decision to provisionally renew an 

exemption requested jointly by the 

Automobile Carriers Conference (ACC) 

of the American Trucking Associations 

and the Auto Haulers Association of 

America (AHAA) to relieve motor 

carriers operating stinger-steered 

automobile transporter equipment from 

the requirement to place warning flags 

on projecting loads of new and used 

motor vehicles. The Federal Motor 

Carrier Safety Regulations (FMCSRs) 

require any commercial motor vehicle 

(CMV) transporting a load which 

extends more than 4 feet beyond the 

rear of the vehicle be marked with a 

single red or orange fluorescent warning 

flag at the extreme rear if the projecting 

load is 2 feet wide or less and two 

warning flags if the projecting load is 

wider than 2 feet.1 The exemption is 

renewed for 5 years, unless revoked 

earlier. 

DATES: This renewed exemption is 

effective February 15, 2024, through 

August 9, 2024, unless revoked earlier. 

Comments must be received on or 

before March 22, 2024. 

ADDRESSES: You may submit comments 

identified by docket number FMCSA– 

2018–0090 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2018-0090/document. 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 or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m. ET, Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: 

David Sutula, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, FMCSA, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (202) 366– 

9209; MCPSV@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2018–0090), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 

recommendations. 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 the Agency 


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2FMVSS No. 108 defines reflex reflectors as 

devices used on vehicles to give an indication to 

approaching drivers using reflected light from the 

lamps of the approaching vehicle (49 CFR 571.108). 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2018-0090/document, click on 

this notice, click ‘‘Comment,’’ 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 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. 

If you submit comments by mail and 

would like to know that they reached 

the facility, please enclose a stamped, 

self-addressed postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. Comments received 

after the comment closing date will be 

filed in the public docket and will be 

considered to the extent practicable. 

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. 

B. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2018-0090/document and 

choose the document to review. To view 

comments, click this notice, then 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. 

C. Privacy 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public to better inform its 

exemption process. 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 

(Federal Docket Management System 

(FDMS)), which can be reviewed at 

https://www.transportation.gov/ 

individuals/privacy/privacy-act-systemrecords-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)(2) and 49 CFR 

381.300(b) to renew an exemption from 

the FMCSRs for subsequent 5-year 

periods if it finds that such exemption 

would likely maintain a level of safety 

that is equivalent to, or greater than, the 

level that would be achieved by the 

current regulation (49 CFR 381.305(a)). 

ACC and AHAA have requested a 5-year 

extension of the current exemption. 

III. Background 

Current Regulatory Requirements 

FMCSA requires in § 393.87 any CMV 

transporting a load which extends 

beyond the sides by more than 4 inches, 

or more than 4 feet beyond the rear, to 

have the extremities of the load marked 

with red or orange fluorescent warning 

flags. Each warning flag must be at least 

18 inches square. There must be a single 

flag at the extreme rear if the projecting 

load is 2 feet wide or less, and two 

warning flags are required if the 

projecting load is wider than 2 feet. The 

flags must be located to indicate the 

maximum width of loads which extend 

beyond the sides and/or rear of the 

vehicle. 

Original Exemption 

In its original exemption application, 

ACC requested an exemption from 

§ 393.87 for motor carriers operating 

stinger-steered automobile transporter 

equipment. A stinger-steered transporter 

has a fifth wheel hitch located on a drop 

frame behind and below the rear-most 

axle of the power unit. It was noted that 

stinger-steered automobile transporters 

have been allowed to have a rear 

vehicular overhang of at least 6 feet 

since December 2015 (49 U.S.C. 

31111(b)(1)(G)). Previously, a minimum 

4-foot rear overhang was allowed for all 

automobile transporters. 

ACC contended that adhering to flag 

requirements while transporting new 

motor vehicles posed a challenge to the 

vehicle industry. Vehicle manufacturers 

prohibit affixing flags or any items to 

their vehicles due to the potential for 

scratches and damage. Auto transporters 

tried to comply with the intent of 

§ 393.87 by attaching flags to the rear of 

their trailers. However, this effort did 

not adhere to the letter of the regulation 

and resulted in carriers receiving 

numerous citations for being in 

violation of the flag requirements. 

ACC emphasized that motor vehicles 

are the only commodity to be 

transported that must adhere to the 

requirements of Federal Motor Vehicle 

Safety Standard (FMVSS) No. 108, 

‘‘Lamps, reflective devices, and 

associated equipment,’’ which has 

mandated since 1968 the use of sidefacing reflex reflectors,2 amber reflectors 

at the front, and red reflectors at the rear 

of vehicles. ACC believed that these 

reflective devices, combined with the 

required lighting and conspicuity 

treatments on the trailers, adequately 

fulfill the intention of § 393.87 by 

notifying other motorists when a load 

extends more than 4 feet beyond the 

rear of the trailer. Additionally, ACC 

noted that FMVSS No. 108 imposes 

specific performance criteria for these 

required reflectors, while no such 

performance requirements exist for the 

flags mandated by § 393.87. 

ACC pointed out that the population 

of automobile transporter vehicles is 

relatively small, comprising around 

16,000 units, with stinger-steered 

vehicles being a subset of that 

population. ACC cited statistics 

showing that, following the enactment 

of the FAST Act which allowed 6 feet 

of overhang on the rear of the 

transporter, the frequency of rear-end 

collisions with auto transporters has 

been minuscule, with a rate of less than 

0.05 percent. 

On February 15, 2019, following 

notice and consideration of the 

comments received, FMCSA determined 

that an exemption for motor carriers 


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Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 13137 

operating stinger-steered automobile 

transporters from the requirement to 

place warning flags on projecting loads 

of motor vehicles would likely maintain 

a level of safety that is equivalent to or 

greater than the level of safety that 

would be obtained by complying with 

§ 393.87 and granted ACC’s exemption 

request for a 5-year period (84 FR 4602). 

In its decision, FMCSA stated that the 

transport of automobiles that are 

permitted, by statute, to extend up to 6 

feet beyond the rearmost portion of a 

stinger-steered auto transporter is a 

unique situation as compared to the 

transportation of other items because 

automobiles extend across virtually the 

entire width of the transporter and are 

easily identifiable as automobiles to the 

motoring public. FMCSA stated further 

that this is especially true if the 

rearmost automobile being transported 

faces the front of the auto transporter, as 

the rear of the automobile is required to 

be equipped with two reflex reflectors 

located as far apart as practicable, which 

meet the photometric requirements 

specified in FMVSS No. 108. To the 

contrary, § 393.87 requires extending 

loads be marked with red or orange 

fluorescent warning flags, but does not 

impose any specific photometric 

requirements for these flags, i.e., 

required level of visibility from a certain 

distance, etc. While FMVSS No. 108 

does not require the front of 

automobiles to be equipped with reflex 

reflectors, FMCSA noted that even if the 

rearmost automobile being transported 

is facing the rear of the auto transporter, 

oncoming motorists will easily identify 

the extending load as an automobile that 

extends across the full width of the auto 

transporter. 

Application for Renewal of Exemption 

In the renewal application, ACC and 

AHAA stated that since the granting of 

the exemption in 2019, they are 

unaware of any events that suggest the 

exemption has resulted in a lower level 

of safety than would be achieved by 

complying with § 393.87 or that the 

exemption has jeopardized public safety 

in any way. They also requested that 

FMCSA clarify that the exemption 

applies to transportation of both new 

and used vehicles. ACC and AHAA 

stated it is their view that the exemption 

granted for transportation of ‘‘motor 

vehicles’’ already includes new and 

used vehicles; however, not everyone in 

CMV enforcement agrees with their 

interpretation. A copy of the request to 

renew the exemption is available in the 

docket. 

IV. Equivalent Level of Safety Analysis 

FMCSA is not aware of any evidence 

indicating that providing relief to motor 

carriers operating stinger-steered 

automobile transporter equipment from 

the requirement to place warning flags 

on projecting loads of new and used 

motor vehicles in accordance with the 

conditions of the original exemption has 

resulted in any degradation in safety. 

ACC and AHAA are also unaware of any 

events that suggest the exemption has 

resulted in a lower level of safety than 

would be maintained by complying 

with § 393.87. The Agency, however, is 

continuing to analyze crash data to 

better assess the safety of this 

exemption. Therefore, for the reasons 

discussed above and in the prior notice 

granting the original exemption request, 

FMCSA concludes that provisionally 

renewing the exemption granted on 

February 15, 2019, for a period of six (6) 

months to allow FMCSA to receive 

comment on the application and assess 

any additional relevant crash data, on 

the terms and conditions set forth in 

this exemption renewal decision, would 

likely maintain a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. 

V. Exemption Decision 

A. Grant of Exemption 

FMCSA provisionally renews the 

exemption for a period of six (6) months 

subject to the terms and conditions of 

this decision and the absence of adverse 

public comments that would cause the 

Agency to terminate the exemption at an 

earlier date. The exemption from the 

requirements of 49 CFR 393.87 is 

otherwise effective February 15, 2024, 

through August 9, 2024, 11:59 p.m. local 

time, unless revoked. 

B. Applicability of Exemption 

During the temporary exemption 

period, motor carriers operating stingersteered automobile transporter 

equipment are exempt from the 

requirements of § 393.87 to place 

warning flags on loads of new or used 

motor vehicles that project up to 6 feet 

from the rear of the stinger-steered 

automobile transporter. 

C. Terms and Conditions 

1. This exemption is limited to 

stinger-steered automobile transporter 

equipment and the transport of new or 

used motor vehicles. It does not apply 

to any other type of transporter 

equipment or other types of projecting 

or oversized loads. 

2. Motor carriers operating under this 

exemption involved in any crash to the 

rear end of the stinger-steered 

automobile transporter equipment 

during the transport of new or used 

motor vehicles must notify FMCSA 

within 7 business days of the crash by 

email at MCPSV@DOT.GOV, even if 

such crash is not a reportable crash as 

defined in § 390.5T. 

3. New and used motor vehicles 

transported on Stinger-steered 

automobile transporters that overhang 

from the transporter must be equipped 

with all other lights and reflective 

devices required by the applicable 

FMVSS or FMCSRs. 

4. Motor carriers and CMVs operating 

under this exemption must comply with 

all other applicable FMCSRs (49 CFR 

parts 350–399), unless specifically 

exempted from a requirement. 

D. Preemption 

In accordance with 49 U.S.C. 

31315(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation that 

conflicts with or is inconsistent with 

this exemption with respect to a person 

operating under the exemption. States 

may, but are not required to, adopt the 

same exemption with respect to 

operations in intrastate commerce. 

E. Termination 

The exemption will be valid for as 

provided in section V.A. above, unless 

revoked earlier by FMCSA. FMCSA 

does not believe that motor carriers and 

CMVs covered by the exemption will 

experience any deterioration of their 

safety record. However, should this 

occur, FMCSA will take all steps 

necessary to protect the public interest, 

including revocation of the exemption 

without prior notice. The exemption 

may be immediately rescinded if: (1) 

motor carriers and/or CMVs fail 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 or chapter 

313. 

Interested parties possessing 

information that would demonstrate 

that this exemption or motor carriers 

operating stinger-steered automobile 

transporter equipment without warning 

flags and with loads of new or used 

motor vehicles projecting up to 6 feet 

beyond the rear of the automobile 

transporter are not achieving the 

requisite statutory level of safety should 

immediately notify FMCSA by email at 

MCPSV@DOT.GOV. The Agency will 

evaluate any such information and, if 


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13138 Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 

safety is being compromised or if the 

continuation of the exemption is not 

consistent with the goals and objectives 

of 49 U.S.C. 31136 or chapter 313, may 

take immediate steps to revoke the 

exemption or impose additional 

requirements as part of the exemption. 

VI. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

ACC and AHAA’s application for 

renewal of the exemption from § 393.87. 

All comments received before the 

close of business on the comment 

closing date indicated at the beginning 

of this notice will be considered and 

will be available for examination in the 

docket at the location listed under the 

Addresses section of this notice. 

Comments received after the comment 

closing date will be filed in the public 

docket and will be considered to the 

extent practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Sue Lawless, 

Acting Deputy Administrator. 

[FR Doc. 2024–03446 Filed 2–20–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0026] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 10 individuals from 

the hearing requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. The exemptions enable these 

hard of hearing and deaf individuals to 

operate CMVs in interstate commerce. 

DATES: The exemptions are applicable 

on February 9, 2024. The exemptions 

expire on February 9, 2026. 

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, fmcsamedical@dot.gov. Office 

hours are from 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. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2023–0026) in the 

keyword box and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (OlderNewer),’’ 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 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. 

B. 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, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov. As described in 

the system of records notice DOT/ALL 

14 (Federal Docket Management 

System), which can be reviewed at 

https://www.transportation.gov/ 

individuals/privacy/privacy-act-systemrecords-notices, the comments are 

searchable by the name of the submitter. 

II. Background 

On January 3, 2024, FMCSA 

published a notice announcing receipt 

of applications from 10 individuals 

requesting an exemption from the 

hearing requirement in 49 CFR 

391.41(b)(11) to operate a CMV in 

interstate commerce and requested 

comments from the public (89 FR 432). 

The public comment period ended on 

February 2, 2024, and no comments 

were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting exemptions to these 

individuals would likely achieve a level 

of safety that is equivalent to, or greater 

than, the level that would be achieved 

by complying with § 391.41(b)(11). 

The physical qualification standard 

for drivers regarding hearing found in 

§ 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). 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-year period if it finds 

such exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption. The 

statutes also allow the Agency to renew 

exemptions at the end of the 5-year 

period. However, FMCSA grants 

medical exemptions from the FMCSRs 

for a 2-year period to align with the 

maximum duration of a driver’s medical 

certification. 

The Agency’s decision regarding these 

exemption applications is based on 

relevant scientific information and 

literature, and the 2008 Evidence 

Report, ‘‘Executive Summary on 

Hearing, Vestibular Function and 

Commercial Motor Driving Safety.’’ 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. In addition, 

the Agency reviewed each applicant’s 

driving record found in the Commercial 

Driver’s License Information System, for 

commercial driver’s license (CDL) 

holders, and inspections recorded in the 

Motor Carrier Management Information 

System. For non-CDL holders, the 

Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency. Each applicant’s record 


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