Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 13987-13989 [2025-05250]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13987-13989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05250]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2025-0010]


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.

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SUMMARY: FMCSA announces receipt of applications from 11 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 April 28, 2025.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2025-0010 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2025-0010) 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, [email protected]. 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-2025-0010), 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-2025-0010. 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 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. FMCSA will consider all comments and 
material received during the comment period.

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 [email protected]. 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.

[[Page 13988]]

C. Viewing Comments

    To view comments, go to www.regulations.gov/, insert the docket 
number (FMCSA-2025-0010) 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.

D. 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-system-records-notices, the comments 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 achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved absent such exemption, pursuant to 49 U.S.C. 31315(b)(1). 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)). FMCSA grants medical exemptions from the FMCSRs for a 2-
year period to align with the maximum duration of a driver's medical 
certification.

III. Background

    The physical qualification standard for drivers regarding seizures 
and loss of consciousness provides 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 (49 CFR 391.41(b)(8)). To assist in applying this 
standard, FMCSA publishes guidance for medical examiners (ME) in the 
form of medical advisory criteria in Appendix A to 49 CFR part 391.\1\ 
In 2007, FMCSA published recommendations from a Medical Expert Panel 
(MEP) that FMCSA tasked to review the existing seizure disorder 
guidelines for MEs.\2\ The MEP performed a comprehensive, systematic 
literature review, including evidence available at the time. The MEP 
issued recommended criteria to evaluate whether an individual with a 
history of epilepsy, a single unprovoked seizure, or a provoked seizure 
should be allowed to drive a CMV.
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    \1\ 49 CFR part 391, app.A.II.G, available at https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/appendix-Appendix%20A%20to%20Part%20391.
    \2\ ``Expert Panel Recommendations, Seizure Disorders and 
Commercial Motor Vehicle Driver Safety,'' Medical Expert Panel (Oct. 
15, 2007), available at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-04/Seizure-Disorders-MEP-Recommendations-v2-prot%2010152007.pdf.
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    On January 15, 2013, FMCSA began granting exemptions, on a case-by-
case basis, to individual drivers from the physical qualification 
standard regarding seizures and loss of consciousness in 49 CFR 
391.41(b)(8) (78 FR 3069). The Agency considers the medical advisory 
criteria, the 2007 MEP recommendations, and each individual's medical 
information and driving record in deciding whether to grant the 
exemption.
    The 11 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.

IV. Qualifications of Applicants

Tyson Bridgeman

    Tyson Bridgeman is a 39-year-old class B commercial driver's 
license (CDL) holder in Indiana. They have a history of epilepsy and 
have been seizure free since 2004. They take anti-seizure medication 
with the dosage and frequency remaining the same since 2013. Their 
physician states that they are supportive of Tyson Bridgeman receiving 
an exemption.

Matthew Bouy

    Matthew Bouy is a 36-year-old class C license holder in 
Pennsylvania. 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 2022. Their physician 
states that they are supportive of Matthew Bouy receiving an exemption.

Austin Goad

    Austin Goad is a 24-year-old class C license holder in North 
Carolina. They have a history of complex partial seizures and have been 
seizure free since January 1, 2016. They take anti-seizure medication 
with the dosage and frequency remaining the same since January 8, 2020. 
Their physician states that they are supportive of Austin Goad 
receiving an exemption.

Jeffery Hodges

    Jeffery Hodges is a 50-year-old class E license holder in Missouri. 
They have a history of epilepsy and have been seizure free since 2013. 
They take anti-seizure medication with the dosage and frequency 
remaining the same since 2013. Their physician states that they are 
supportive of Jeffery Hodges receiving an exemption.

William Lewis

    William Lewis is a 49-year-old class C license holder in Kansas. 
They have a history of generalized seizure disorder and have been 
seizure free since 2006. They take anti-seizure medication with the 
dosage and frequency remaining the same since 2001. Their physician 
states that they are supportive of William Lewis receiving an 
exemption.

Efren Medrano

    Efren Medrano is a 21-year-old class A CDL holder in California. 
They have a history of Synapsin-I related focal epilepsy and have been 
seizure free since January 2, 2016. They take anti-seizure medication 
with the dosage and frequency remaining the same since July 21, 2016. 
Their physician states that they are supportive of Efren Medrano 
receiving an exemption.

Aaron McEuen

    Aaron McEuen is a 53-year-old class D license holder in Utah. They 
have a

[[Page 13989]]

history of epilepsy and have been seizure free since 2013. They take 
anti-seizure medication with the dosage and frequency remaining the 
same since September 30, 2015. Their physician states that they are 
supportive of Aaron McEuen receiving an exemption.

Melissa Mohr

    Melissa Mohr is a 40-year-old class DM regular license holder in 
Wisconsin. They have a history of seizures and have been seizure free 
since 2017. They take anti-seizure medication with the dosage and 
frequency remaining the same since October 31, 2016. Their physician 
states that they are supportive of Melissa Mohr receiving an exemption.

Joshua Parente

    Joshua Parente is a 47-year-old class DM license holder in New 
York. They have a history of juvenile myoclonic epilepsy and have been 
seizure free since November 21, 2016. They take anti-seizure medication 
with the dosage and frequency remaining the same since 2016. Their 
physician states that they are supportive of Joshua Parente receiving 
an exemption.

Jeffrey Schultz

    Jeffrey Schultz is a 38-year-old class ABCD CDL holder in 
Wisconsin. They have a history of seizure disorder and have been 
seizure free since May 2016. They take anti-seizure medication with the 
dosage and frequency remaining the same since May 2016. Their physician 
states that they are supportive of Jeffrey Schultz receiving an 
exemption.

Christopher Wetherell

    Christopher Wetherell is a 37-year-old class D license holder in 
Massachusetts. They have a history of idiopathic generalized epilepsy 
and have been seizure free since 2011. They take anti-seizure 
medication with the dosage and frequency remaining the same since 
October 30, 2022. Their physician states that they are supportive of 
Christopher Wetherell receiving an exemption.

V. 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. 2025-05250 Filed 3-26-25; 8:45 am]
BILLING CODE 4910-EX-P