Notice2025-23480
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
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Published
December 19, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces receipt of applications from 12 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 242 (Friday, December 19, 2025)</title>
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[Federal Register Volume 90, Number 242 (Friday, December 19, 2025)]
[Notices]
[Pages 59646-59648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23480]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0013]
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 12 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 January 20, 2026.
ADDRESSES: You may submit comments identified by Docket No. FMCSA-2025-
0013 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-2025-0013) 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 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#c2a4afa1b1a3afa7a6aba1a3ae82a6adb6eca5adb4"><span class="__cf_email__" data-cfemail="bbddd6d8c8dad6dedfd2d8dad7fbdfd4cf95dcd4cd">[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-2025-0013), 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-2025-0013">https://www.regulations.gov/docket/FMCSA-2025-0013</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#3d5f4f545c53135a13595c555154537d595249135a524b"><span class="__cf_email__" data-cfemail="b4d6c6ddd5da9ad39ad0d5dcd8dddaf4d0dbc09ad3dbc2">[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
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number (FMCSA-2025-0013) 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,
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 FDMS (Federal Docket Management System), which can be reviewed
under the ``Department Wide System of Records Notices'' link 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 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
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exemptions from the 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 the application, 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 the
standard set forth 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, any public comments received,
and each individual's medical information and driving record in
deciding whether to grant the exemption.
The 12 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
Joshua Bosworth
Mr. Bosworth is a 33-year-old class D license holder in South
Carolina. He has a history of epilepsy and has been seizure free for
more than 10 years. He takes an anti-seizure medication with the dosage
and frequency remaining the same since 2009. His physician states that
they are supportive of him receiving an exemption.
Christian Cole
Mr. Cole is a 54-year-old class A commercial driver's license (CDL)
holder in Rhode Island. He has a history of post traumatic epilepsy and
has been seizure free since July 1996. He takes an anti-seizure
medication with the dosage and frequency remaining the same since 2010.
His physician states that they are supportive of him receiving an
exemption.
Corey Gunderson
Mr. Gunderson is a 50-year-old class D regular license holder in
Wisconsin. He has a history of a single unprovoked seizure and has been
seizure free since April 2018. He takes an anti-seizure medication with
the dosage and frequency remaining the same since 2018. His physician
states that they are supportive of him receiving an exemption.
Russell Jarchow
Mr. Jarchow is a 60-year-old class E license holder in Florida. He
has a history of complex partial epilepsy and has been seizure free for
over 40 years. He takes an anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that they
are supportive of him receiving an exemption.
Kady Kraus
Ms. Kraus is a 33-year-old regular operator license holder in
Indiana. She has a history of epilepsy and has been seizure free since
2010. She takes an anti-seizure medication with the dosage and
frequency remaining the same since 2010. Her physician states that they
are supportive of him receiving an exemption.
Thomas Nugent
Mr. Nugent is a 55-year-old enhanced license holder in Washington.
He has a history of localization-related focal epilepsy and has been
seizure free for over 10 years. He takes an anti-seizure medication
with the dosage and frequency remaining the same since December 2019.
His physician states that they are supportive of him receiving an
exemption.
Ryan Phillips
Mr. Phillips is a 47-year-old class O license holder in Michigan.
He has a history of epilepsy and has been seizure free since 2007. He
takes an anti-seizure medication with the dosage and frequency
remaining the same since 2007. His physician states that they are
supportive of him receiving an exemption.
Robert Pierce
Mr. Pierce is a 70-year-old class D license holder in Oklahoma. He
has a history of seizure disorder and has been seizure free since 2010.
He takes an anti-seizure medication with the dosage and frequency
remaining the same since 2010. His physician states that they are
supportive of him receiving an exemption.
Enmanuel Rodriquez
Mr. Rodriquez is a 37-year-old class A CDL holder in New Jersey. He
has a history of focal epilepsy and has been seizure free since May
2016. He takes an anti-seizure medication with the dosage and frequency
remaining the same since 2016. His physician states that they are
supportive of him receiving an exemption.
Harman Rutledge
Mr. Rutledge is a 50-year-old class D license holder in South
Carolina. He has a history of seizures and has been seizure free since
November 16, 2016. He takes an anti-seizure medication with the dosage
and frequency remaining the same since September
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2022. His physician states that they are supportive of him receiving an
exemption.
Robert Tewes
Mr. Tewes is a 61-year-old class O license holder in Nebraska. He
has a history of generalized idiopathic epilepsy and has been seizure
free since 1999. He takes an anti-seizure medication with the dosage
and frequency remaining the same since 2015. His physician states that
they are supportive of him receiving an exemption.
Robin Vinesett
Mr. Vinesett is a 64-year-old class A CDL holder in North Carolina.
He has a history of seizure disorder and has been seizure free since
2015. He takes an anti-seizure medication with the dosage and frequency
remaining the same since June 20, 2020. His physician states that they
are supportive of him 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
applications described in this notice. FMCSA 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. 2025-23480 Filed 12-18-25; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on December 19, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.