Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 13983-13986 [2025-05252]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13983-13986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05252]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2025-0008]


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 32 individuals 
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.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, Department of Transportation, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-4001; 
[email protected]. 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 material in the docket, contact Dockets Operations, 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    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-2025-0008) 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/FMCSA-2025-0008, 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 8\1/2\ 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

[[Page 13984]]

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.

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/FMCSA-2025-0008/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 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 32 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

Jarrett Benjamin

    Jarrett Benjamin is a 25-year-old class BM commercial driver's 
license (CDL) holder in New York. They have a history of generalized 
convulsive epilepsy and have been seizure free since March 2019. They 
take anti-seizure medication with the dosage and frequency remaining 
the same since June 2018. Their physician states that they are 
supportive of Jarrett Benjamin receiving an exemption.

Christopher Brandt

    Christopher Brandt is a 27-year-old class A CDL holder in New York. 
They have a history of seizure disorder and have been seizure free 
since 2004. They take anti-seizure medication with the dosage and 
frequency remaining the same since December 2020. Their physician 
states that they are supportive of Christopher Brandt receiving an 
exemption.

Donald Buck

    Donald Buck is a 52-year-old class D license holder in Ohio. They 
have a history of post-traumatic epilepsy and have been seizure free 
since July 2019. They take anti-seizure medication with the dosage and 
frequency remaining the same since August 2, 2019. Their physician 
states that they are supportive of Donald Buck receiving an exemption.

Wyatt Chisamore

    Wyatt Chisamore is a 19-year-old class D license holder in Vermont. 
They have a history of nocturnal left centro-temporo-parietal epilepsy 
and have been seizure free since July 2017. They take anti-seizure 
medication with the dosage and frequency remaining the

[[Page 13985]]

same since January 17, 2024. Their physician states that they are 
supportive of Wyatt Chisamore receiving an exemption.

Teagan Clark

    Teagan Clark is a 27-year-old class C license holder in North 
Carolina. They have a history of unprovoked seizures and have been 
seizure free since March 9, 2023. They take anti-seizure medication 
with the dosage and frequency remaining the same since February 2023. 
Their physician states that they are supportive of Teagan Clark 
receiving an exemption.

Derrick Cudd

    Derrick Cudd is a 23-year-old class C license holder in Iowa. They 
have a history of generalized nonconclusive seizures and have been 
seizure free since December 14, 2015. They take anti-seizure medication 
with the dosage and frequency remaining the same since December 27, 
2022. Their physician states that they are supportive of Derrick Cudd 
receiving an exemption.

Zane DeGroff

    Zane DeGroff is a 23-year-old class D license holder in Utah. They 
have a history of generalized epilepsy and have been seizure free since 
May 16, 2022. They take anti-seizure medication with the dosage and 
frequency remaining the same since May 16, 2022. Their physician states 
that they are supportive of Zane DeGroff receiving an exemption.

Charles Elliott

    Charles Elliott is a 79-year-old class E license holder in 
Missouri. They have a history of focal seizures and have been seizure 
free since 2022. They take anti-seizure medication with the dosage and 
frequency remaining the same since 2022. Their physician states that 
they are supportive of Charles Elliott receiving an exemption.

Jonathan Flight

    Jonathan Flight is a 26-year-old class A CDL holder in Nebraska. 
They have a history of complex partial epilepsy and have been seizure 
free since 2019. They take anti-seizure medication with the dosage and 
frequency remaining the same since December 2021. Their physician 
states that they are supportive of Jonathan Flight receiving an 
exemption.

Jason Griese

    Jason Griese is a 44-year-old class 2 license holder in South 
Dakota. They have a history of epilepsy and have been seizure free 
since April 12, 2024. They take anti-seizure medication with the dosage 
and frequency remaining the same since June 20, 2024. Their physician 
states that they are supportive of Jason Griese receiving an exemption.

Jacob Griffin

    Jacob Griffin is a 21-year-old class BCD CDL holder in Wisconsin. 
They have a history of possible rolandic epilepsy and have been seizure 
free since June 2014. They take anti-seizure medication with the dosage 
and frequency remaining the same since 2018. Their physician states 
that they are supportive of Jacob Griffin receiving an exemption.

Andrew Harenchar

    Andrew Harenchar is a 51-year-old class D license holder in Ohio. 
They have a history of localization- related consciousness impaired 
seizures with secondary generalization and have been seizure free since 
March 15, 2020. They take anti-seizure medication with the dosage and 
frequency remaining the same since June 13, 2023. Their physician 
states that they are supportive of Andrew Harenchar receiving an 
exemption.

Darren Holthaus

    Darren Holthaus is a 57-year-old class A CDL holder in Kansas. They 
have a history of single provoked seizure and have been seizure free 
since February 2019. They take anti-seizure medication with the dosage 
and frequency remaining the same since 2019. Their physician states 
that they are supportive of Darren Holthaus receiving an exemption.

John Honey

    John Honey is a 36-year-old class A CDL holder in Montana. They 
have a history of unprovoked seizure and have been seizure free since 
March 4, 2024. They take anti-seizure medication with the dosage and 
frequency remaining the same since March 4, 2024. Their physician 
states that they are supportive of John Honey receiving an exemption.

Aaron Johnson

    Aaron Johnson is a 21-year-old class B commercial learner permit 
holder in North Carolina. They have a history of seizure disorder and 
have been seizure free since November 19, 2023. They have never taken 
anti-seizure medication. Their physician states that they are 
supportive of Aaron Johnson receiving an exemption.

James Klucas

    James Klucas is a 55-year-old class A CDL holder in Kansas. They 
have a history of generalized convulsive epilepsy and have been seizure 
free since 1999. They take anti-seizure medication with the dosage and 
frequency remaining the same since December 19, 2023. Their physician 
states that they are supportive of James Klucas receiving an exemption.

Kenneth Lone

    Kenneth Lone is a 70-year-old class B CDL holder in Utah. They have 
a history of metastatic melanoma and have been seizure free since 
February 2023. They take anti-seizure medication with the dosage and 
frequency remaining the same since April 2023. Their physician states 
that they are supportive of Kenneth Lone receiving an exemption.

Ashley Marshall

    Ashley Marshall is a 38-year-old class B CDL holder in Maine. They 
have a history of seizure disorder and have been seizure free since 
March 2019. They take anti-seizure medication with the dosage and 
frequency remaining the same since April 2019. Their physician states 
that they are supportive of Ashley Marshall receiving an exemption.

Nathan Moe

    Nathan Moe is a 30-year-old class D license holder in Minnesota. 
They have a history of epilepsy and have been seizure free since 
December 2021. They take anti-seizure medication with the dosage and 
frequency remaining the same since August 2022. Their physician states 
that they are supportive of Nathan Moe receiving an exemption.

Aaron Moore

    Aaron Moore is a 26-year-old class A CDL license holder in Rhode 
Island. They have a history of a single provoked seizure and have been 
seizure free since January 13, 2024. They take anti-seizure medication 
with the dosage and frequency remaining the same since July 12, 2024. 
Their physician states that they are supportive of Aaron Moore 
receiving an exemption.

Dale Mosely

    Dale Mosely is a 53-year-old regular operator license holder in 
Indiana. They have a history of complex partial seizures and have been 
seizure free since December 21, 2022. They take anti-seizure medication 
with the dosage and frequency remaining the same since November 12, 
2020. Their physician states that they are supportive of Dale Mosely 
receiving an exemption.

Jeffrey Muller

    Jeffrey Muller is a 51-year-old class C license holder in 
Pennsylvania. They have a history of epilepsy and have been

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seizure free since December 25, 2020. They take anti-seizure medication 
with the dosage and frequency remaining the same since 2020. Their 
physician states that they are supportive of Jeffrey Muller receiving 
an exemption.

Francis Palumbo

    Francis Palumbo is a 43-year-old class 10 license holder in Rhode 
Island. They have a history of epilepsy and have been seizure free 
since February 15, 2024. They take anti-seizure medication with the 
dosage and frequency remaining the same since February 15, 2024. Their 
physician states that they are supportive of Francis Palumbo receiving 
an exemption.

William Roberson

    William Roberson is a 35-year-old class DV license holder in 
Alabama. They have a history of epilepsy and have been seizure free 
since August 24, 2023. They take anti-seizure medication with the 
dosage and frequency remaining the same since August 2023. Their 
physician states that they are supportive of William Roberson receiving 
an exemption.

Ernest Sang

    Ernest Sang is a 55-year-old class A CDL holder in North Carolina. 
They have a history of provoked single seizure and have been seizure 
free since August 8, 2020. They take anti-seizure medication with the 
dosage and frequency remaining the same since 2020. Their physician 
states that they are supportive of Ernest Sang receiving an exemption.

Robert Schauer

    Robert Schauer is a 40-year-old class A CDL holder in Iowa. They 
have a history of epilepsy and have been seizure free since August 
2012. They take anti-seizure medication with the dosage and frequency 
remaining the same since April 2017. Their physician states that they 
are supportive of Robert Schauer receiving an exemption.

Corbin Shoppell

    Corbin Shoppell is a 24-year-old regular operator license holder in 
Indiana. They have a history of seizure disorder and have been seizure 
free since May 2021. They take anti-seizure medication with the dosage 
and frequency remaining the same since 2021. Their physician states 
that they are supportive of Corbin Shoppell receiving an exemption.

Marc Stoltenberg

    Marc Stoltenberg is a 27-year-old class D license holder in 
Minnesota. They have a history of a provoked seizure and have been 
seizure free since September 17, 2022. They take anti-seizure 
medication with the dosage and frequency remaining the same since 2022. 
Their physician states that they are supportive of Marc Stoltenberg 
receiving an exemption.

John Trout

    John Trout is a 19-year-old class C license holder in Maryland. 
They have a history of generalized tonic clonic epilepsy and have been 
seizure free since February 2020. They take anti-seizure medication 
with the dosage and frequency remaining the same since June 2020. Their 
physician states that they are supportive of John Trout receiving an 
exemption.

Austin Wickizer

    Austin Wickizer is a 19-year-old class D license holder in 
Virginia. They have a history of epilepsy and have been seizure free 
since November 2018. They take anti-seizure medication with the dosage 
and frequency remaining the same since October 2018. Their physician 
states that they are supportive of Austin Wickizer receiving an 
exemption.

Joshua Willits

    Joshua Willits is a 31-year-old class C license holder in 
Pennsylvania. They have a history of generalized epilepsy and have been 
seizure free since February 7, 2022. They take anti-seizure medication 
with the dosage and frequency remaining the same since February 11, 
2022. Their physician states that they are supportive of Joshua Willits 
receiving an exemption.

Alan Wilson

    Alan Wilson is a 63-year-old class A CDL holder in New Hampshire. 
They have a history of an unprovoked seizure and have been seizure free 
since June 1, 2024. They take anti-seizure medication with the dosage 
and frequency remaining the same since July 8, 2024. Their physician 
states that they are supportive of Alan Wilson 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.

Jarrett Benjamin (NY)
Donald Buck (OH)
Christopher Brandt (NY)
Wyatt Chisamore (VT)
Teagan Clark (NC)
Derrick Cudd (IA)
Zane DeGroff (UT)
Charles Elliott (MO)
Jonathan Flight (NE)
Jason Griese (ND)
Jacob Griffin (WI)
Andrew Harenchar (OH)
Darren Holthaus (KS)
John Honey (MT)
Aaron Johnson (NC)
James Klucas (KA)
Kenneth Lone (UT)
Ashley Marshall (ME)
Nathan Moe (MN)
Aaron Moore (RI)
Dale Mosely (IN)
Jeffrey Muller (PA)
Francis Palumbo (RI)
William Roberson (AL)
Ernest Sang (NC)
Robert Schauer (IA)
Corbin Shoppell (IN)
Marc Stoltenberg (MN)
John Trout (MD)
Austin Wickizer (VA)
Joshua Willits (PA)
Alan Wilson (NH)


Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-05252 Filed 3-26-25; 8:45 am]
BILLING CODE 4910-EX-P