105680 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Notices 

7Applicants do not provide the names of motor 

carriers that would be responsible under the 

exemptions or the estimates—even for their own 

operations—of the number of drivers and CMVs 

that would be operated under the exemption. See 

49 CFR 381.310(b) and (c). Such information would 

assist the Agency in assessing the equivalent level 

of safety for operations with the proposed 

alternative devices. 

issue, the unknown fleet sizes, and 

potential differences among them in 

implementation and operations.7

FMCSA also is concerned that operators 

will assume that their own similar but 

varying versions of Cab-Mounted 

Warning Beacons are a ‘‘configuration of 

similar effectiveness’’ (App. at 10) and 

therefore are exempted, without such 

operators applying for and supporting 

the safety of an exemption. Thus, at this 

stage, the record before the Agency does 

not show that Applicants’ petition for 

an industry-wide exemption adequately 

demonstrates the required threshold, of 

likely to achieve an equivalent level of 

safety. 

VI. Conclusion 

For the reasons given above, the 

Agency denies the application for an 

exemption. 

FMCSA notes that the Agency may 

accept a resubmission of an exemption 

application that has been denied, 

provided that the applicant can 

reasonably address the reason for the 

denial. 49 U.S.C. 31315(b)(3); 49 CFR 

381.317. 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2024–30860 Filed 12–26–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0029] 

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 January 27, 2025. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2024–0029 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2024–0029) 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–2024–0029), 

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-2024-0029. 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–2024–0029) 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- 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Notices 105681 

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. 

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 

Ronald Buccheri 

Ronald Buccheri is a 43-year-old class 

A commercial driver’s license (CDL) 

holder in New Jersey. They have a 

history of a single unprovoked seizure 

and have been seizure free since 

September 7, 2020. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2020. Their physician states that they 

are supportive of Ronald Buccheri 

receiving an exemption. 

Brian Daniels 

Brian Daniels is a 68-year-old class A 

CDL holder in New Jersey. They have a 

history of seizure disorder and have 

been seizure free since April 1, 1999. 

They take anti-seizure medication with 

the dosage and frequency remaining the 

same since 1998. Their physician states 

that they are supportive of Brian Daniels 

receiving an exemption. 

Christopher Dowdy 

Christopher Dowdy is a 48-year-old 

class C license holder in Kansas. They 

have a history of unprovoked seizure 

and have been seizure free since 

September 11, 2020. They take antiseizure medication with the dosage and 

frequency remaining the same since 

May 17, 2021. Their physician states 

that they are supportive of Christopher 

Dowdy receiving an exemption. 

Dale Folsom 

Dale Folsom is a 57-year-old class E 

license holder in Florida. They have a 

history of partial seizures and have been 

seizure free since April 2003. They take 

anti-seizure medication with the dosage 

and frequency remaining the same since 

April 2003. Their physician states that 

they are supportive of Dale Folsom 

receiving an exemption. 

Kenneth Horten 

Kenneth Horten is a 55-year-old class 

D license holder in Arizona. They have 

a history of a single unprovoked seizure 

and have been seizure free since 

November 4, 2009. They take antiseizure medication with the dosage and 

frequency remaining the same since 

November 4, 2009. Their physician 

states that they are supportive of 

Kenneth Horten receiving an exemption. 

Jacob Johnstone 

Jacob Johnstone is a 25-year-old class 

D regular license holder in Wisconsin. 

They have a history of seizure disorder 

and have been seizure free since 2016. 

They take anti-seizure medication with 

the dosage and frequency remaining the 

same since 2020. Their physician states 

that they are supportive of Jacob 

Johnstone receiving an exemption. 

Steven Nelson 

Steven Nelson is a 53-year-old class D 

license holder in Iowa. They have a 

history of epilepsy and have been 

seizure free since July 28, 2015. They 

take anti-seizure medication with the 

dosage and frequency remaining the 

same since June 2015. Their physician 

states that they are supportive of Steven 

Nelson receiving an exemption. 

Hunter Raso 

Hunter Raso is a 24-year-old class D 

license holder in Virginia. They have a 

history of partial seizures with loss of 

consciousness and have been seizure 

free since 2010. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2016. Their physician states that they 

are supportive of Hunter Raso receiving 

an exemption. 


khammond on DSK9W7S144PROD with NOTICES
105682 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Notices 

Andrew Speights 

Andrew Speights is a 25-year-old 

class R license holder in Mississippi. 

They have a history of seizure disorder 

and have been seizure free since 

October 2016. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

October 2016. Their physician states 

that they are supportive of Andrew 

Speights receiving an exemption. 

Vic Sprenkle 

Vic Sprenkle is a 59-year-old class 

AM CDL holder in Pennsylvania. They 

have a history of single partial complex 

seizure and have been seizure free since 

August 3, 2009. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2009. Their physician states that they 

are supportive of Vic Sprenkle receiving 

an exemption. 

Todd Weston 

Todd Weston is a 48-year-old class 

AM1 CDL holder in California. They 

have a history of seizure disorder and 

have been seizure free since 2010. They 

take anti-seizure medication with the 

dosage and frequency remaining the 

same since October 2017. Their 

physician states that they are supportive 

of Todd Weston receiving an exemption. 

Vernon Wingate 

Vernon Wingate is a 34-year-old class 

C license holder in Maryland. They 

have a history of seizure disorder and 

have been seizure free since June 2016. 

They take anti-seizure medication with 

the dosage and frequency remaining the 

same since March 4, 2020. Their 

physician states that they are supportive 

of Vernon Wingate 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. 2024–30884 Filed 12–26–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0277] 

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. 

SUMMARY: FMCSA announces receipt of 

applications from 10 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 January 27, 2025. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2024–0277 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2024–0277) 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, Room W64–224, 

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–2024–0277), 

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-2024-0277. Next, sort the results 

by ‘‘Posted (Newer-Older),’’ 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–2024–0277) 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 

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 


khammond on DSK9W7S144PROD with NOTICES