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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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 3991 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, 1200 New 

Jersey Avenue SE, between 9 a.m. and 

5 p.m. E.T., Monday through Friday, 

except Federal holidays. 

• Fax: (202) 493–2251. 

Each submission must include the 

Agency name and the docket number 

(FMCSA–2024–0307) for this notice. 

Note that DOT posts all comments 

received without change to 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time on the ground level of the West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC, 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, Driver and Carrier 

Operations Division; Office of Carrier, 

Driver and Vehicle Safety Standards, 

FMCSA; (202) 366–2722; or 

richard.clemente@dot.gov. 

If you have questions on viewing or 

submitting material to the docket, 

contact Dockets Operations at (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2024–0307), 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 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov/docket/FMCSA2024-0307, click on this notice, click 

‘‘Comment,’’ and type your comment 

into the text box on the following 

screen. 

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. Comments received 

after the comment closing date will be 

filed in the public docket and will be 

considered to the extent practicable. 

B. 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. 

C. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned as being available 

in the docket, go to https://

www.regulations.gov/docket/FMCSA2024-0237/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 Docket 

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. 

D. Privacy 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its regulatory 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 under 

the ‘‘Department Wide System of 

Records Notices’’ at https://

www.transportation.gov/individuals/ 

privacy/privacy-act-system-recordsnotices. 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) to grant 

exemptions from Federal Motor Carrier 

Safety Regulations (FMCSRs). FMCSA 

must publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including the applicant’s safety 

analysis. The Agency must provide an 

opportunity for public comment on the 

request. 

The Agency reviews safety analyses 

and public comments submitted and 

determines whether granting the 

exemption would likely maintain a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305(a)). 

The Agency must publish its decision in 

the Federal Register (49 CFR 

381.315(b)). If granted, the notice will 

identify the regulatory provision from 

which the applicant will be exempt, the 

effective period, and all terms and 

conditions of the exemption (49 CFR 

381.315(c)(1)). If the exemption is 

denied, the notice will explain the 

reason for the denial (49 CFR 

381.315(c)(2)). The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Current Regulatory Requirements 

Drivers of commercial motor vehicles 

(CMVs), as defined in 49 CFR 390.5T, 

operating in interstate commerce, must 

be at least 21 years of age 

(§ 391.11(b)(1)). An individual younger 

than age 21 may drive in intrastate 

commerce only in the driver’s State of 

domicile. FMCSA’s regulations at 49 

CFR 383.153(b)(2)(ix)(G) require that 

CLPs issued to drivers limited to 

intrastate commerce be marked with a 

‘‘K’’ restriction. 


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3992 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices 

IV. Applicant’s Request 

Bianco requests a 5-year exemption to 

allow drivers aged 18, 19, and 20 years, 

with a Wisconsin State-issued CLP and 

a ‘‘K’’ restriction on their CLP, to attend 

Bianco’s driver training facility in 

Michigan. The applicant’s driver 

training facility is listed on the Agency’s 

Training Provider Registry. The 

applicant states that its facility is 

located approximately 29 miles from the 

Wisconsin border. Bianco states that 

several students located in Wisconsin 

have inquired about attending its 

training program because Bianco’s 

training facility is their closest 

registered training provider. The 

applicant further adds that an option to 

attend a training program located within 

a reasonable driving distance would be 

invaluable to students who are working 

and attending school at the same time. 

Bianco indicates that drivers under 

this exemption will not operate a CMV 

without a licensed training provider in 

the vehicle, apart from range maneuvers 

on a training lot that is maintained and 

insured by the applicant. Bianco also 

requires pre-employment drug screens 

for all students prior to the start of its 

training class. The students are also 

required to complete all components of 

the ELDT as required under 49 CFR part 

380. A copy of Bianco’s application for 

exemption is available for review in the 

docket for this notice. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Bianco’s application for an exemption. 

All comments received before the close 

of business on the comment closing date 

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. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2025–00818 Filed 1–14–25; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0017] 

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 16 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 were applicable 

December 24, 2024. The exemptions 

expire December 24, 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–2024–0017) 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 November 19, 2024, FMCSA 

published a notice announcing receipt 

of applications from 16 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 

91474). The public comment period 

ended on December 19, 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 


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