3998 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 

1These criteria may be found in 49 CFR part 391, 

Appendix A to Part 391—Medical Advisory 

Criteria, Section D. Cardiovascular: § 391.41(b)(4), 

paragraph 4, 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. 

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 two individuals listed in this 

notice have requested an exemption 

from § 391.41(b)(4). 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 

found in § 391.41(b)(4) states that a 

person is physically qualified to drive a 

CMV if that person has no current 

clinical diagnosis of myocardial 

infarction, angina pectoris, coronary 

insufficiency, thrombosis, or any other 

cardiovascular disease of a variety 

known to be accompanied by syncope, 

dyspnea, collapse, or congestive cardiac 

failure. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist medical examiners in determining 

whether drivers with certain medical 

conditions are qualified to operate a 

CMV in interstate commerce. The 

advisory criteria states that ICDs are 

disqualifying due to risk of syncope. 

III. Qualifications of Applicants 

Micos Mims 

Micos Mims is a class A commercial 

driver’s license (CDL) holder in 

Alabama. An August 21, 2023 letter 

from Micos Mims’ cardiologist reports 

that their ICD was implanted on March 

6, 2023, due to heart failure. Micos 

Mims’ cardiologist also reports no 

instances of the ICD deploying and has 

not experienced any symptoms 

concerning the device. 

Paul Siefker 

Paul Siefker is a class D driver’s 

license holder in Ohio. A November 26, 

2024 letter from Paul Siefker’s 

cardiologist reports that their ICD/ 

pacemaker combination device was 

implanted on July 6, 2020, due to 

ventricular tachycardia, syncope, 

atrioventricular node dysfunction, 

history of coronary artery disease and 

percutaneous coronary intervention to 

the left main coronary artery. Paul 

Siefker’s cardiologist also reports no 

shocks received or recorded, however, 

Paul Siefker has received three antitachycardia pacing therapies for three 

ventricular tachycardia episodes. 

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. 2025–00749 Filed 1–14–25; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0444; FMCSA– 

2015–0323; FMCSA–2018–0052; FMCSA– 

2018–0054; FMCSA–2020–0050; FMCSA– 

2022–0045] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for eight 

individuals from the requirement in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) that interstate 

commercial motor vehicle (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.’’ The 

exemptions enable these individuals 

who have had one or more seizures and 

are taking anti-seizure medication to 

continue to operate CMVs in interstate 

commerce. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates provided 

below. 

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–2013–0444, FMCSA– 

2015–0323, FMCSA–2018–0052, 

FMCSA–2018–0054, FMCSA–2020– 

0050, or FMCSA–2022–0045) in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ 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 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 

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 

On December 3, 2024, FMCSA 

published a notice announcing its 

decision to renew exemptions for eight 

individuals from the epilepsy and 

seizure disorders prohibition in 49 CFR 

391.41(b)(8) to operate a CMV in 

interstate commerce and requested 

comments from the public (89 FR 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 3999 

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. 

1The Build America, Buy America Act was 

included as title XI, subtitle A of the Infrastructure 

Investment and Jobs Act (IIJA) (Pub. L. 117–58). 

2 DOT OAs that provide or administer financial 

assistance covered under this waiver include the 

Federal Aviation Administration (FAA); Federal 

Highway Administration (FHWA); Federal Transit 

Continued 

95899). The public comment period 

ended on January 2, 2025, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

renewing these exemptions 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)(8). 

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 in determining 

whether drivers with certain medical 

conditions are qualified to operate a 

CMV in interstate commerce. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based on its evaluation of the eight 

renewal exemption applications and 

comments received, FMCSA announces 

its decision to exempt the following 

drivers from the epilepsy and seizure 

disorders prohibition in § 391.41(b)(8). 

As of December 12, 2024, and in 

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

31315(b), the following seven 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers (89 FR 95899): 

Jesse Hansen (MN) 

Thomas Kline (PA) 

Jose Lara-Ramirez (NV) 

Domenick Panfile (NJ) 

Andrew Rieschick (NE) 

Stephen St. Marthe (NC) 

Carsten Thode (WA) 

The drivers were included in docket 

number FMCSA–2013–0444, FMCSA– 

2018–0052, FMCSA–2018–0054, 

FMCSA–2020–0050, or FMCSA–2022– 

0045. Their exemptions were applicable 

as of December 12, 2024 and will expire 

on December 12, 2026. 

As of December 16, 2024, and in 

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

31315(b), Kyle Loney (WA) has satisfied 

the renewal conditions for obtaining an 

exemption from the epilepsy and 

seizure disorders prohibition in the 

FMCSRs for interstate CMV drivers (89 

FR 95899). 

This driver was included in docket 

number FMCSA- FMCSA–2015–0323. 

The exemption is applicable as of 

December 16, 2024, and will expire on 

December 16, 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(e) and 

31315(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2025–00747 Filed 1–14–25; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No.: DOT–OST–2024–0129] 

Waiver of Buy America Requirements 

for the Pacific Island Territories and 

the Freely Associated States 

ACTION: Notice; request for comments. 

SUMMARY: The Department of 

Transportation (DOT) is finalizing a 

general applicability public interest 

waiver of the requirements of section 

70914(a) of the Build America, Buy 

America Act (BABA) and related 

domestic preference statutes 

administered by DOT and its Operating 

Administrations (OAs) for federal 

financial assistance awarded for 

infrastructure projects located in the 

Commonwealth of Northern Mariana 

Islands (CNMI), Guam, and American 

Samoa, collectively referred to as the 

Pacific Island territories. The waiver 

would also apply to discretionary grant 

assistance provided by DOT to the 

Freely Associated States (the Republic 

of Palau, Republic of the Marshall 

Islands, and Federated States of 

Micronesia) in the Pacific that is subject 

to a domestic preference statute (which 

does not include BABA, as that statute 

only applies to the United States and its 

territories). The waiver will remain in 

effect for five years after the effective 

date of the final waiver. This action also 

terminates the previously issued 

temporary general applicability waiver 

for this region. 

DATES: The waiver is applicable to 

awards that are obligated on or after 

January 10, 2025, until January 9, 2030. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Elizabeth Fox, DOT Office of the 

Assistant Secretary for Transportation 

Policy, at elizabeth.fox@dot.gov or at 

202–366–4540. For legal questions, 

please contact Jennifer KirbyMcLemore, DOT Office of the General 

Counsel, 405–446–6883, or via email at 

jennifer.mclemore@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Buy America preferences set forth 

in section 70914(a) of BABA 1 require 

that all iron, steel, manufactured 

products, and construction materials 

used for infrastructure projects in the 

United States under federal financial 

assistance awards be produced in the 

United States. 

Under section 70914(b) and in 

accordance with the Office of 

Management and Budget (OMB)’s 

Guidance Memorandum M–24–02, 

Implementation Guidance on 

Application of Buy America Preference 

in Federal Financial Assistance 

Programs for Infrastructure, DOT may 

waive the application of BABA 

requirements in any case in which it 

finds that: (i) applying the domestic 

content procurement preference would 

be inconsistent with the public interest; 

(ii) types of iron, steel, manufactured 

products, or construction materials are 

not produced in the U.S. in sufficient 

and reasonably available quantities or of 

a satisfactory quality; or (iii) the 

inclusion of iron, steel, manufactured 

products, or construction materials 

produced in the U.S. will increase the 

cost of the overall project by more than 

25 percent. 

BABA also provides that the 

preferences under section 70914 apply 

only to the extent that a domestic 

content procurement preference as 

described in section 70914 does not 

already apply to iron, steel, 

manufactured products, and 

construction materials. IIJA § 70917(a)– 

(b). Federal financial assistance 

programs administered by DOT’s 

Operating Administrations (OAs) 2 are 


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