75634 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices 

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. 

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). 

On February 1, 2013, FMCSA 

announced in a Notice of Final 

Disposition titled, ‘‘Qualification of 

Drivers; Application for Exemptions; 

National Association of the Deaf,’’ (78 

FR 7479), its decision to grant requests 

from 40 individuals for exemptions 

from the Agency’s physical qualification 

standard concerning hearing for 

interstate CMV drivers. Since that time 

the Agency has published additional 

notices granting requests from hard of 

hearing and deaf individuals for 

exemptions from the Agency’s physical 

qualification standard concerning 

hearing for interstate CMV drivers. 

III. Qualifications of Applicants 

Matthew Adams 

Matthew Adams, 58, holds a regular 

driver’s license in Indiana. 

Calvin Anderson 

Calvin Anderson, 63, holds a class 

ABCDM commercial driver’s license 

(CDL) in Wisconsin. 

Vanessa Arnao 

Vanessa Arnao, 50, holds a class D 

driver’s license in Virginia. 

Roxanne Blind 

Roxanne Blind, 41, holds a class C 

driver’s license in Texas. 

Wayne Haffner 

Wayne Haffner, 79, holds a class A 

CDL in North Carolina. 

David Hollandsworth 

David Hollandsworth, 67, holds a 

class A CDL in Indiana. 

Mara Jean Francois 

Mara Jean Francois, 39, holds a class 

D driver’s license in Connecticut. 

Abdifatah Jimale 

Abdifatah Jimale, 31, holds a class D 

driver’s license in Minnesota. 

Kang Lin 

Kang Lin, 54, holds a class A driver’s 

license in New York. 

Manasseh O’Brien 

Manasseh O’Brien, 44, holds a class B 

CDL in New York. 

Joshua Ofiu 

Joshua Ofiu, 37, holds a class C 

driver’s license in California. 

Lee Smith 

Lee Smith, 34, holds a class D driver’s 

license in Idaho. 

Edwin Toscano 

Edwin Toscano, 32, holds a class A 

driver’s license in Georgia. 

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. We 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. 2024–20933 Filed 9–13–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0025] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 12 individuals for an 

exemption from the prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with a clinical diagnosis of epilepsy or 

any other condition that is likely to 

cause a loss of consciousness or any loss 

of ability to control a commercial motor 

vehicle (CMV) to drive in interstate 

commerce. If granted, the exemptions 

would enable these individuals who 

have had one or more seizures and are 

taking anti-seizure medication to 

operate CMVs in interstate commerce. 

DATES: Comments must be received on 

or before October 16, 2024. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2024–0025 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2024–0025) 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, 

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 (Docket No. FMCSA–2024–0025), 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices 75635 

1These criteria may be found in APPENDIX A TO 

PART 391—MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, 

and 5, which is available on the internet at https:// 

www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ 

CFR-2015-title49-vol5-part391-appA.pdf. 

are questions regarding your 

submission. 

To submit your comment online, go to 

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

FMCSA–2024–0025. 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 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. FMCSA will consider 

all comments and material received 

during the comment period. 

B. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2024–0025) 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. 

C. 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, 

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 

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. 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 12 individuals listed in this 

notice have requested an exemption 

from the epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8). 

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. 

The physical qualification standard 

for drivers regarding epilepsy found in 

§ 391.41(b)(8) states that a person is 

physically qualified to drive a CMV if 

that person has no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause the loss of consciousness or any 

loss of ability to control a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist medical examiners (MEs) in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

The criteria states that if an individual 

has had a sudden episode of a nonepileptic seizure or loss of 

consciousness of unknown cause that 

did not require anti-seizure medication, 

the decision whether that person’s 

condition is likely to cause the loss of 

consciousness or loss of ability to 

control a CMV should be made on an 

individual basis by the ME in 

consultation with the treating physician. 

Before certification is considered, it is 

suggested that a 6-month waiting period 

elapse from the time of the episode. 

Following the waiting period, it is 

suggested that the individual have a 

complete neurological examination. If 

the results of the examination are 

negative and anti-seizure medication is 

not required, then the driver may be 

qualified. 

In those individual cases where a 

driver has had a seizure or an episode 

of loss of consciousness that resulted 

from a known medical condition (e.g., 

drug reaction, high temperature, acute 

infectious disease, dehydration, or acute 

metabolic disturbance), certification 

should be deferred until the driver has 

recovered fully from that condition, has 

no existing residual complications, and 

is not taking anti-seizure medication. 

Drivers who have a history of 

epilepsy/seizures, off anti-seizure 

medication, and seizure-free for 10 

years, may be qualified to operate a 

CMV in interstate commerce. Interstate 

drivers with a history of a single 

unprovoked seizure may be qualified to 

drive a CMV in interstate commerce if 

seizure-free and off anti-seizure 

medication for a 5-year period or more. 

As a result of MEs misinterpreting 

advisory criteria as regulation, 

numerous drivers have been prohibited 

from operating a CMV in interstate 

commerce based on the fact that they 

have had one or more seizures and are 

taking anti-seizure medication, rather 

than an individual analysis of their 

circumstances by a qualified ME based 

on the physical qualification standards 

and medical best practices. 

On January 15, 2013, FMCSA 

announced in a notice of final 

disposition titled, ‘‘Qualification of 

Drivers; Exemption Applications; 

Epilepsy and Seizure Disorders,’’ (78 FR 

3069), its decision to grant requests from 

22 individuals for exemptions from the 

regulatory requirement that interstate 

CMV drivers have ‘‘no established 

medical history or clinical diagnosis of 

epilepsy or any other condition which 

is likely to cause loss of consciousness 

or any loss of ability to control a CMV.’’ 

Since that time, the Agency has 

published additional notices granting 

requests from individuals for 

exemptions from the regulatory 

requirement regarding epilepsy found in 

§ 391.41(b)(8). 

To be considered for an exemption 

from the epilepsy and seizure disorders 

prohibition in § 391.41(b)(8), applicants 

must meet the criteria in the 2007 

recommendations of the Agency’s 

Medical Expert Panel (78 FR 3069). 

III. Qualifications of Applicants 

Millie Baker 

Millie Baker is a 50-year-old class O 

license holder in Michigan. They have 

a history of epilepsy and have been 

seizure free since 2008. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2010. Their physician states that they 

are supportive of Millie Baker receiving 

an exemption. 

Todd Burrey 

Todd Burrey is a 49-year-old class D 

license holder in Ohio. They have a 

history of general idiopathic epilepsy 

and have been seizure free since 2012. 

They take anti-seizure medication with 

the dosage and frequency remaining the 

same since June 2022. Their physician 

states that they are supportive of Todd 

Burrey receiving an exemption. 

Eric Garcia 

Eric Garcia is a 46-year-old class C 

license holder in California. They have 


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75636 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices 

a history of nocturnal seizures and have 

been seizure free since 2011. They take 

anti-seizure medication with the dosage 

and frequency remaining the same since 

February 2012. Their physician states 

that they are supportive of Eric Garcia 

receiving an exemption. 

Marcel Gore 

Marcel Gore is a 49-year-old class CB 

commercial driver’s license (CDL) 

holder in Delaware. They have a history 

of epilepsy and have been seizure free 

since 2005. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2013. Their physician states that they 

are supportive of Marcel Gore receiving 

an exemption. 

Breanna Kersey-Evans 

Breanna Kersey-Evans is a 29-year-old 

class B CDL holder in Indiana. They 

have a history of generalized seizure 

disorder and have been seizure free 

since October 20, 2014. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2014. Their physician states that they 

are supportive of Breanna Kersey-Evans 

receiving an exemption. 

Hyun Kim 

Hyun Kim is a 59-year-old class D 

license holder in New Jersey. They have 

a history of encephalitis epilepsy and 

have been seizure free since 2014. They 

take anti-seizure medication with the 

dosage and frequency remaining the 

same since 2014. Their physician states 

that they are supportive of Hyun Kim 

receiving an exemption. 

Dylan Kortan 

Dylan Kortan is a 24-year-old class D 

license holder in Minnesota. They have 

a history of epilepsy and have been 

seizure free since 2008. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2015. Their physician states that they 

are supportive of Dylan Kortan receiving 

an exemption. 

Michael Malone 

Michael Malone is a 39-year-old class 

D license holder in Connecticut. They 

have a history of seizure disorder and 

have been seizure free since September 

23, 2015. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2015. Their physician states that they 

are supportive of Michael Malone 

receiving an exemption. 

Joe Delgado-Orozco 

Joe Delgado-Orozco is a 46-year-old 

class C license holder in Illinois. They 

have a history of epilepsy and have been 

seizure free for over 20 years. They take 

anti-seizure medication with the dosage 

and frequency remaining the same since 

2005. Their physician states that they 

are supportive of Joe Delgado-Orozco 

receiving an exemption. 

Vincent Perry 

Vincent Perry is a 40-year-old 

enhanced license holder in Washington. 

They have a history of juvenile 

myoclonic epilepsy and have been 

seizure free since 2011. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2011. Their physician states that they 

are supportive of Vincent Perry 

receiving an exemption. 

Michael Pesino 

Michael Pesino is a 54-year-old class 

B CDL holder in Connecticut. They have 

a history of complex partial epilepsy 

and have been seizure free since June 

30, 2006. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

May 2022. Their physician states that 

they are supportive of Michael Pesino 

receiving an exemption. 

Michael Prichard 

Michael Prichard is a 46-year-old 

class D license holder in Montana. They 

have a history of idiopathic seizure 

disorder and have been seizure free 

since 2014. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2014. Their physician states that they 

are supportive of Michael Prichard 

receiving an exemption. 

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. We 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. 2024–20932 Filed 9–13–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0013] 

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 11 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 August 28, 2024. The exemptions 

expire on August 28, 2026. 

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 

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–2024–0013) 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 


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