Notice2025-05250
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
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Published
March 27, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 58 (Thursday, March 27, 2025)</title>
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[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13987-13989]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov/">www.regulations.gov/</a>,
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.
<bullet> Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, DC 20590-0001.
<bullet> 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.
<bullet> 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, <a href="/cdn-cgi/l/email-protection#32545f5141535f57565b51535e72565d461c555d44"><span class="__cf_email__" data-cfemail="4422292737252921202d27252804202b306a232b32">[email protected]</span></a>. 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 <a href="https://www.regulations.gov/docket/FMCSA-2025-0010">https://www.regulations.gov/docket/FMCSA-2025-0010</a>. 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 <a href="/cdn-cgi/l/email-protection#b0d2c2d9d1de9ed79ed4d1d8dcd9def0d4dfc49ed7dfc6"><span class="__cf_email__" data-cfemail="ef8d9d868e81c188c18b8e87838681af8b809bc1888099">[email protected]</span></a>. 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 <a href="http://www.regulations.gov/">www.regulations.gov/</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>, 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 <a href="https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/appendix-Appendix%20A%20to%20Part%20391">https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/appendix-Appendix%20A%20to%20Part%20391</a>.
\2\ ``Expert Panel Recommendations, Seizure Disorders and
Commercial Motor Vehicle Driver Safety,'' Medical Expert Panel (Oct.
15, 2007), available at <a href="https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-04/Seizure-Disorders-MEP-Recommendations-v2-prot%2010152007.pdf">https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-04/Seizure-Disorders-MEP-Recommendations-v2-prot%2010152007.pdf</a>.
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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
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