Notice2025-05252
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 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.
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 13983-13986]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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;
<a href="/cdn-cgi/l/email-protection#2d4b404e5e4c404849444e4c416d494259034a425b"><span class="__cf_email__" data-cfemail="5432393727353931303d37353814303b207a333b22">[email protected]</span></a>. 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 <a href="http://www.regulations.gov/docket/FMCSA-2025-0008">www.regulations.gov/docket/FMCSA-2025-0008</a>, 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 <a href="/cdn-cgi/l/email-protection#f496869d959ada93da90959c989d9ab4909b80da939b82"><span class="__cf_email__" data-cfemail="c0a2b2a9a1aeeea7eea4a1a8aca9ae80a4afb4eea7afb6">[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.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned as being
available in the docket, go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0008/document">https://www.regulations.gov/docket/FMCSA-2025-0008/document</a> 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 <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 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
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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
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