[Federal Register Volume 90, Number 85 (Monday, May 5, 2025)]
[Notices]
[Pages 19082-19085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07766]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0011]
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 35 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 June 4, 2025.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2025-0011 using any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2025-0011) 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-2025-0011), 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-2025-0011. 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
[[Page 19083]]
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.
C. Viewing Comments
To view comments, go to www.regulations.gov, insert the docket
number (FMCSA-2025-0011) 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
www.regulations.gov, 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 https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. 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
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 the standard set forth in
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 35 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
Shane Addy
Shane Addy is a 24-year-old class C license holder in Pennsylvania.
They have a history of epilepsy and have been seizure free since 2009.
They take anti-seizure medication with the dosage and frequency
remaining the same since 2010. Their physician states that they are
supportive of Shane Addy receiving an exemption.
Erik Bernal
Erik Bernal is a 39-year-old class C license holder in Wyoming.
They have a history of focal epilepsy and have been seizure free since
2017. They take anti-seizure medication with the dosage and frequency
remaining the same since March 2020. Their physician states that they
are supportive of Erik Bernal receiving an exemption.
[[Page 19084]]
Benjamin Billat
Benjamin Billat is a 37-year-old class D license holder in
Minnesota. They have a history of provoked seizures and have been
seizure free since August 28, 2019. They take anti-seizure medication
with the dosage and frequency remaining the same for over two years.
Their physician states that they are supportive of Benjamin Billat
receiving an exemption.
Linda Bradt
Linda Bradt is a 50-year-old class C commercial driver's license
(CDL) holder in New York. They have a history of epilepsy and have been
seizure free since 2016. They take anti-seizure medication with the
dosage and frequency remaining the same since September 2023. Their
physician states that they are supportive of Linda Bradt receiving an
exemption.
Stephen Carlson
Stephen Carlson is a 21-year-old class C chauffer's license holder
in Michigan. They have a history of childhood absence epilepsy and have
been seizure free since 2012. They have not taken anti-seizure
medication since March 2015. Their physician states that they are
supportive of Stephen Carlson receiving an exemption.
Nicholas Casillan
Nicholas Casillan is a 43-year-old class C license holder in
California. They have a history of childhood epilepsy and have been
seizure free since 2004. They take anti-seizure medication with the
dosage and frequency remaining the same since 2004. Their physician
states that they are supportive of Nicholas Casillan receiving an
exemption.
Amanda Fisk
Amanda Fisk is a 38-year-old class B commercial learner's permit
holder in Kansas. They have a history of epilepsy and have been seizure
free since 2015. They take anti-seizure medication with the dosage and
frequency remaining the same since August 6, 2015. Their physician
states that they are supportive of Amanda Fisk receiving an exemption.
Richard Freys
Richard Freys is a 54-year-old class D license holder in Ohio. They
have a history of idiopathic epilepsy and have been seizure free since
February 2017. They take anti-seizure medication with the dosage and
frequency remaining the same since 2017. Their physician states that
they are supportive of Richard Freys receiving an exemption.
Jacob Griffin
Jacob Griffin is a 21-year-old class BCD CDL holder in Wisconsin.
They have a history of 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.
Joseph Gwinnett
Joseph Gwinnett is a 44-year-old class D license holder in New
Jersey. They have a history of epilepsy and have been seizure free
since 2015. They take anti-seizure medication with the dosage and
frequency remaining the same since 2021. Their physician states that
they are supportive of Joseph Gwinnett receiving an exemption.
Carter Hunt
Carter Hunt is a 25-year-old class C license holder in North
Carolina. They have a history of localization-related symptomatic
epilepsy and have been seizure free since 2014. They take anti-seizure
medication with the dosage and frequency remaining the same since
October 2022. Their physician states that they are supportive of Carter
Hunt receiving an exemption.
Ryan Jaacks
Ryan Jaacks is a 24-year-old class C license holder in Iowa. They
have a history of partial symptomatic epilepsy and have been seizure
free since 2009. They take anti-seizure medication with the dosage and
frequency remaining the same since 2009. Their physician states that
they are supportive of Ryan Jaacks receiving an exemption.
Scott Jensen
Scott Jensen is a 30-year-old class D regular license holder in
Wisconsin. They have a history of generalized epilepsy and have been
seizure free since March 6, 2014. They take anti-seizure medication
with the dosage and frequency remaining the same since January 2023.
Their physician states that they are supportive of Scott Jensen
receiving an exemption.
Theodore Kemak
Theodore Kemak is a 39-year-old class A CDL holder in New York.
They have a history of epilepsy and have been seizure free since 2012.
They take anti-seizure medication with the dosage and frequency
remaining the same since 2012. Their physician states that they are
supportive of Theodore Kemak receiving an exemption.
Thomas Knight
Thomas Knight is a 59-year-old class A CDL holder in Georgia. They
have a history of epilepsy and have been seizure free since 1991. They
take anti-seizure medication with the dosage and frequency remaining
the same for over 20 years. Their physician states that they are
supportive of Thomas Knight receiving an exemption.
Kurtis Kuhl
Kurtis Kuhl is a 36-year-old class A CDL holder in Ohio. They have
a history of seizures and have been seizure free since 2015. They take
anti-seizure medication with the dosage and frequency remaining the
same since 2015. Their physician states that they are supportive of
Kurtis Kuhl receiving an exemption.
Rachel LaFraniere
Rachel LaFraniere is a 32-year-old class D license holder in
Tennessee. They have a history of focal epilepsy and have been seizure
free since 2017. They take anti-seizure medication with the dosage and
frequency remaining the same since July 2023. Their physician states
that they are supportive of Rachel LaFraniere receiving an exemption.
Matthew Lee
Matthew Lee is a 48-year-old class D license holder in Connecticut.
They have a history of epilepsy and have been seizure free since 2006.
They have not taken anti-seizure medication since November 2016. Their
physician states that they are supportive of Matthew John Lee receiving
an exemption.
Zachery Lieske
Zachery Lieske is a 22-year-old class D regular license holder in
Wisconsin. They have a history of generalized epilepsy and have been
seizure free since August 2016. They take anti-seizure medication with
the dosage and frequency remaining the same since May 20, 2021. Their
physician states that they are supportive of Zachery Lieske receiving
an exemption.
Thomas Mercer
Thomas Mercer is a 46-year-old class C license holder in Georgia.
They have a history of petit mal seizure disorder and have been seizure
free since January 2, 2002. They take anti-seizure medication with the
dosage and frequency remaining the same since 2002. Their physician
states that they are supportive of Thomas Mercer receiving an
exemption.
[[Page 19085]]
Elijah Morrisey
Elijah Morrisey is a 20-year-old class C license holder in North
Carolina. They have a history of benign focal epilepsy and have been
seizure free since 2016. They take anti-seizure medication with the
dosage and frequency remaining the same since 2009. Their physician
states that they are supportive of Elijah Morrissey receiving an
exemption.
Sean O'Dwyer
Sean O'Dwyer is a 53-year-old class C license holder in North
Carolina. They have a history of complex partial seizures and have been
seizure free since 2012. They take anti-seizure medication with the
dosage and frequency remaining the same since 2016. Their physician
states that they are supportive of Sean O'Dwyer receiving an exemption.
Nikki Peyton
Nikki Peyton is a 36-year-old class A CDL holder in Indiana. They
have a history of seizure disorder and have been seizure free since
2016. They take anti-seizure medication with the dosage and frequency
remaining the same since January 21, 2019. Their physician states that
they are supportive of Nikki Peyton receiving an exemption.
Joseph Platania
Joseph Platania is a 34-year-old class C license holder in
Pennsylvania. They have a history of epilepsy and have been seizure
free since April 2016. They take anti-seizure medication with the
dosage and frequency remaining the same since April 2016. Their
physician states that they are supportive of Joseph Platania receiving
an exemption.
Nathan Porcher
Nathan Porcher is a 36-year-old class C license holder in Texas.
They have a history of other seizures and have been seizure free since
2017. They take anti-seizure medication with the dosage and frequency
remaining the same since April 19, 2024. Their physician states that
they are supportive of Nathan Porcher receiving an exemption.
Samuel Porter
Samuel Porter is a 32-year-old class D license holder in Illinois.
They have a history of tonic clonic seizures and have been seizure free
since 2012. They take anti-seizure medication with the dosage and
frequency remaining the same since 2023. Their physician states that
they are supportive of Samuel Porter receiving an exemption.
Lorenzo Rivera
Lorenzo Rivera is a 22-year-old class D license holder in Ohio.
They have a history of seizure disorder and have been seizure free
since 2015. They have not taken anti-seizure medication since 2017.
Their physician states that they are supportive of Lorenzo Rivera
receiving an exemption.
Robert Rush
Robert Rush is a 49-year-old class CM1 license holder in
California. They have a history of nonintractable epilepsy and have
been seizure free since the early 2000s. They take anti-seizure
medication with the dosage and frequency remaining the same since
December 2022. Their physician states that they are supportive of
Robert Rush receiving an exemption.
Ethan Seabury-Kolod
Ethan Seabury-Kolod is a 38-year-old class A CDL holder in
Louisiana. They have a history of single unprovoked seizure and have
been seizure free since January 2016. They have never taken anti-
seizure medication. Their physician states that they are supportive of
Ethan Seabury-Kolod receiving an exemption.
Michael Shea
Michael Shea is a 30-year-old class D license holder in New Jersey.
They have a history of seizure disorder and have been seizure free
since October 2015. They take anti-seizure medication with the dosage
and frequency remaining the same since 2016. Their physician states
that they are supportive of Michael Shea receiving an exemption.
Brittany Spicer
Brittany Spicer is a 34-year-old class D license holder in
Virginia. They have a history of epilepsy and have been seizure free
since 2009. They take anti-seizure medication with the dosage and
frequency remaining the same since 2015. Their physician states that
they are supportive of Brittany Spicer receiving an exemption.
Robert Stagg
Robert Stagg is a 46-year-old class CM1 license holder in
California. They have a history of complex partial epilepsy and have
been seizure free since October 2014. They take anti-seizure medication
with the dosage and frequency remaining the same since August 2015.
Their physician states that they are supportive of Robert Stagg
receiving an exemption.
Jeremy Steele
Jeremy Steele is a 33-year-old class D license holder in Delaware.
They have a history of a single unprovoked seizure and have been
seizure free since February 2021. They take anti-seizure medication
with the dosage and frequency remaining the same since March 2021.
Their physician states that they are supportive of Jeremy Steele
receiving an exemption.
Rodney Taylor
Rodney Taylor is a 54-year-old class C license holder in North
Carolina. They have a history of seizure disorder and have been seizure
free since 2012. They take anti-seizure medication with the dosage and
frequency remaining the same since 2012. Their physician states that
they are supportive of Rodney Taylor receiving an exemption.
Alfonso Valdivieso
Alfonso Valdivieso is a 61-year-old class A CDL holder in New York.
They have a history of focal epilepsy and have been seizure free since
March 2011. They take anti-seizure medication with the dosage and
frequency remaining the same since 2015. Their physician states that
they are supportive of Alfonso Valdivieso 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. 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. 2025-07766 Filed 5-2-25; 8:45 am]
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