SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

If you submit a comment, please include the docket number for this notice (FMCSA-2023-0034, FMCSA-2023-0037, FMCSA-2025-0015, or FMCSA-2026-0042), 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 www.regulations.gov/​docket/​FMCSA-2023-0034, FMCSA-2023-0037, FMCSA-2025-0015, or FMCSA-2026-0042. 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 brian.g.dahlin@dot.gov. 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-2023-0034, FMCSA-2023-0037, FMCSA-2025-0015, or FMCSA-2026-0042) 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 in room W58-213 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.

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 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 the 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 of safety 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 ( printed page 57426) 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.

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 21 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

Julio Baez-Soto

Julio Baez-Soto is a 40-year-old class D license holder in New York. He has a history of seizure disorder and has been seizure free since May 22, 2018. He takes an anti-seizure medication with the dosage and frequency remaining the same since May 2018. His physician states that they are supportive of him receiving an exemption.

Lee Bevins

Lee Bevins is a 68-year-old class D license holder in Vermont. He has a history of seizure disorder and has been seizure free since 1999. He takes an anti-seizure medication with the dosage and frequency remaining the same since 2002. His physician states that they are supportive of him receiving an exemption.

Ricky Bloesser

Ricky Bloesser is a 30-year-old class A commercial driver license (CDL) holder in Colorado. He has a history of single unprovoked seizure and has been seizure free since February 17, 2022. He discontinued all anti-seizure medication in April 2022. His physician states that they are supportive of him receiving an exemption.

Creed Bonovsky

Creed Bonovsky is a 21-year-old class B enhanced CDL holder in Minnesota. He has a history of focal epilepsy and has been seizure free since January 19, 2012. He takes an anti-seizure medication with the dosage and frequency remaining the same since February 1, 2016. His physician states that they are supportive of him receiving an exemption.

Hector Corrales

Hector Corrales is a 50-year-old class A CDL holder in Pennsylvania. He has a history of generalized epilepsy and has been seizure free since September 2014. He takes an anti-seizure medication with the dosage and frequency remaining the same since October 2023. His physician states that they are supportive of him receiving an exemption.

Robert Dorough

Robert Dorough is a 36-year-old class E license holder in Florida. He has a history of seizure disorder and has been seizure free since 2009. 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.

Alvaro Gonzalez

Alvaro Gonzalez is a 42-year-old class C license holder in California. He has a history of epilepsy and has been seizure free since 2016. He takes an anti-seizure medication with the dosage and frequency remaining the same since 2024. His physician states that they are supportive of him receiving an exemption.

Lionnel Hakizimana

Lionnel Hakizimana is a 38-year-old class D license holder in Arizona. He has a history of epilepsy and has been seizure free for over 19 years. He takes an anti-seizure medication with the dosage and frequency remaining the same for over 19 years. His physician states that they are supportive of him receiving an exemption.

Robert Hudson

Robert Hudson is a 22-year-old class D license holder in New Jersey. He has a history of epilepsy and has been seizure free since January 2017. He takes anti-seizure medication with the dosage and frequency remaining the same since January 2018. His physician states that they are supportive of him receiving an exemption.

Eric Klause

Eric Klause is a 40-year-old class E license holder in Florida. He has a history of focal epilepsy and has been seizure free since 2007. He takes an anti-seizure medication with the dosage and frequency remaining the same since March 2024. His physician states that they are supportive of him receiving an exemption.

Taylor Mayer

Taylor Mayer is a 38-year-old class D license holder in Arizona. He has a history of epilepsy and has been seizure free since 2016. He takes 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.

Zachary McGory

Zachary McGory is a 33-year-old class C license holder in New York. He has a history of epilepsy and has been seizure free since August 2011. He takes an anti-seizure medication with the dosage and frequency remaining the same since 2012. His physician states that they are supportive of him receiving an exemption.

Diana Mugford

Diana Mugford is a 58-year-old class A license holder in Vermont. She has a history of epilepsy and has been seizure free since July 7, 2007. She takes an anti-seizure medication with the dosage and frequency remaining the same since July 7, 2007. Her physician states that they are supportive of her receiving an exemption.

Lawrence Newswanger

Lawrence Newswanger is a 57-year-old regular driver's license holder in Indiana. He has a history of epilepsy and has been seizure free since 2014. He takes an anti-seizure medication with the dosage and frequency remaining the same since April 2022. His physician states that they are supportive of him receiving an exemption.

Serena Ramos

Serena Ramos is a 37-year-old class C license holder in Texas. She has a ( printed page 57427) history of epilepsy and has been seizure free since July 2015. She takes an anti-seizure medication with the dosage and frequency remaining the same since June 2015. Her physician states that they are supportive of her receiving an exemption.

Brian Samec

Brian Samec is a 43-year-old class E license holder in Florida. He has a history of seizure disorder and has been seizure free since January 19, 2007. He takes an anti-seizure medication with the dosage and frequency remaining the same since June 20, 2016. His physician states that they are supportive of him receiving an exemption.

Oren Shkedy

Oren Shkedy is a 24-year-old class C license holder in Texas. He has a history of epilepsy and has been seizure free since August 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.

Samuel Thomas

Samuel Thomas is a 30-year-old class C license holder in Pennsylvania. He has a history of epilepsy and has been seizure free since September 2012. He takes an anti-seizure medication with the dosage and frequency remaining the same since June 2024. His physician states that they are supportive of him receiving an exemption.

Matthew Toy

Matthew Toy is a 44-year-old class C license holder in Maryland. He has a history of seizure disorder and has been seizure free since 2002. He takes an anti-seizure medication with the dosage and frequency remaining the same since September 26, 2024. His physician states that they are supportive of him receiving an exemption.

Anthony Weiss

Anthony Weiss is a 49-year-old class C license holder in Iowa. 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 February 2008. His physician states that they are supportive of him receiving an exemption.

William Wilson

William Wilson is a 50-year-old class CM license holder in Texas. He has a history of epilepsy and has been seizure free since January 2008. He takes an anti-seizure medication with the dosage and frequency remaining the same since May 5, 2004. 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.

91 FR 57424