Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 3989 

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. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

http://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Jake 

Troutman, (202) 267–2928, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC. 

Dan A. Ngo, 

Manager, Part 11 Petitions Branch, Office of 

Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2023–0699. 

Petitioner: Houff Corporation. 

Section(s) of 14 CFR Affected: 

§§ 61.3(a)(1)(i), 91.7(a), 91.119(c), 

91.121, 91.151(b), 91.403(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 

91.417(a), 91.417(b), 137.19(c), 

137.19(d), 137.19(e)(2)(ii), 

137.19(e)(2)(iii), 137.19(e)(2)(v), 137.31, 

137.33, 137.41(c), 137.42. 

Description of Relief Sought: Houff 

Corporation requests an amendment to 

their current exemption to conduct 

commercial agricultural-related services 

without the need to request a Notice To 

Air Missions (NOTAM). 

[FR Doc. 2025–00699 Filed 1–14–25; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0028] 

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 exempt 13 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 operate CMVs in 

interstate commerce. 

DATES: The exemptions were applicable 

on December 31, 2024. The exemptions 

expire on December 31, 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–2024–0028) 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 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 November 26, 2024, FMCSA 

published a notice announcing receipt 

of applications from 13 individuals 

requesting an exemption from the 

epilepsy and seizure disorders 

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

requested comments from the public (89 

FR 93392). The public comment period 

ended on December 26, 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)(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 (MEs) 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. 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 


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3990 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 

achieved absent such exemption. The 

statutes 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 the 

2007 recommendations of the Agency’s 

Medical Expert Panel. The Agency 

conducted an individualized assessment 

of each applicant’s medical information, 

including the root cause of the 

respective seizure(s) and medical 

information about the applicant’s 

seizure history, the length of time that 

has elapsed since the individual’s last 

seizure, the stability of each individual’s 

treatment regimen and the duration of 

time on or off of anti-seizure 

medication. In addition, the Agency 

reviewed the treating clinician’s 

medical opinion related to the ability of 

the driver to safely operate a CMV with 

a seizure history and each 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. A 

summary of each applicant’s seizure 

history was discussed in the November 

26, 2024, Federal Register notice (89 FR 

93392) and will not be repeated in this 

notice. 

These 13 applicants have been 

seizure-free over a range of 21 years 

while taking anti-seizure medication 

and maintained a stable medication 

treatment regimen for the last 2 years. In 

each case, the applicant’s treating 

physician verified his or her seizure 

history and supports the ability to drive 

commercially. 

The Agency acknowledges the 

potential consequences of a driver 

experiencing a seizure while operating a 

CMV. However, the Agency believes the 

drivers granted this exemption have 

demonstrated that they are unlikely to 

have a seizure and their medical 

condition does not pose a risk to public 

safety. 

Consequently, FMCSA finds further 

that in each case exempting these 

applicants from the epilepsy and seizure 

disorder prohibition in § 391.41(b)(8) 

would likely achieve a level of safety 

equal to that existing without the 

exemption, consistent with the 

applicable standard in 49 U.S.C. 

31315(b)(1). 

V. Terms and Conditions 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and include the following: each driver 

must (1) remain seizure-free, maintain a 

stable treatment, and report to FMCSA 

within 24 hours if they experience a 

seizure during the 2-year exemption 

period; (2) submit to FMCSA annual 

reports from their treating physicians 

attesting to the stability of treatment and 

that the driver has remained seizurefree; (3) undergo an annual medical 

examination by a certified medical 

examiner, as defined by § 390.5T; (4) 

provide a copy of the annual medical 

certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy of their driver’s 

qualification file if they are selfemployed; (5) report to FMCSA the date, 

location, and time of any crashes as 

defined in § 390.5T within 7 days of the 

crash; (6) report to FMCSA any citations 

and convictions for disqualifying 

offenses under 49 CFR parts 383 and 

391 within 7 days of the citations and 

convictions; and (7) submit to FMCSA 

annual certified driving records from 

their SDLA. The driver must also have 

a copy of the exemption when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. In addition, the driver must 

meet all applicable commercial driver’s 

license testing requirements. 

VI. 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. 

VII. Conclusion 

Based upon its evaluation of the 13 

exemption applications, FMCSA 

exempts the following drivers from the 

epilepsy and seizure disorder 

prohibition in § 391.41(b)(8), subject to 

the requirements cited above: 

Timothy Andersen (WI) 

Randson Burdette (OH) 

Giovanni Dale (MS) 

Robert Edwards (NV) 

Chad Johnson (IA) 

Austin Little (PA) 

Denton O’Conner (NY) 

Monroe Peterson (IA) 

Austin Rodriguez (CA) 

Wayne Scaggs (OH) 

Richard Sievers (WI) 

Beth Smith (MT) 

Brandon White (CA) 

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. 2025–00748 Filed 1–14–25; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0307] 

Commercial Driver’s License: Bianco 

Trucking Services, LLC d.b.a. CDL and 

Operator Training; Application for 

Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

requests public comment on the 

application from Bianco Trucking 

Services, LLC d.b.a. CDL and Operator 

Training (‘‘Bianco’’) for an exemption to 

allow drivers aged 18, 19, and 20 years 

with a Wisconsin State-issued 

commercial learners permit (CLP) and a 

‘‘K’’ restriction on their CLP to attend its 

driver training facility in Michigan. 

Bianco is a registered entry-level driver 

training (ELDT) provider listed on the 

Agency’s Training Provider Registry 

(TPR). 

DATES: Comments must be received on 

or before February 14, 2025. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2024–0307 by any of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 


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