Notice2026-02160
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 3, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew exemptions for 17 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have "no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV." The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.
Full Text
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<title>Federal Register, Volume 91 Issue 22 (Tuesday, February 3, 2026)</title>
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[Federal Register Volume 91, Number 22 (Tuesday, February 3, 2026)]
[Notices]
[Pages 5026-5027]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02160]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0109; FMCSA-2014-0380; FMCSA-2015-0323; FMCSA-
2016-0008; FMCSA-2016-0313; FMCSA-2020-0050; FMCSA-2020-0053; FMCSA-
2022-0047; FMCSA-2023-0030]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to renew exemptions for 17
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.
DATES: Each of the renewed exemptions was applicable on the dates
stated in the discussions below and will expire on the dates provided
below.
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#f2949f9181939f97969b91939eb2969d86dc959d84"><span class="__cf_email__" data-cfemail="cfa9a2acbcaea2aaaba6acaea38faba0bbe1a8a0b9">[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 or submitting
material to the docket, contact Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Comments
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>. Insert the docket
number (FMCSA-2013-0109, FMCSA-2014-0380, FMCSA-2015-0323, FMCSA-2016-
0008, FMCSA-2016-0313, FMCSA-2020-0050, FMCSA-2020-0053, FMCSA-2022-
0047, or FMCSA-2023-0030) in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
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.
B. 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
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 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)).
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 (MEs) 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
[[Page 5027]]
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.
On May 5, 2025, FMCSA published a notice announcing its decision to
renew exemptions for 17 individuals from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in
interstate commerce and requested comments from the public (90 FR
19080). The public comment period ended on June 4, 2025, and no
comments were received.
FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved by complying with Sec. 391.41(b)(8).
IV. Discussion of Comments
FMCSA received no comments on these renewal applications.
V. Terms and Conditions
The terms and conditions of the exemption are provided to the
applicants in the exemption document and include the following: each
driver must (1) remain seizure-free, maintain a stable treatment, and
report to FMCSA within 24 hours if they experience a seizure during the
2-year exemption period; (2) submit to FMCSA annual reports from their
treating physicians attesting to the stability of treatment and that
the driver has remained seizure-free; (3) undergo an annual medical
examination by a certified medical examiner, as defined by Sec.
390.5T; (4) provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file, or keep a
copy in their driver's qualification file if they are self-employed;
(5) report to FMCSA the date, location, and time of any crashes as
defined in Sec. 390.5T within 7 days of the crash; (6) report to FMCSA
any citations and convictions for disqualifying offenses under 49 CFR
parts 383 and 391 within 7 days of the citations and convictions; and
(7) submit to FMCSA annual certified driving records from their SDLA.
The driver must also have a copy of the exemption when driving, for
presentation to a duly authorized Federal, State, or local enforcement
official. In addition, the driver must meet all applicable commercial
driver's license testing requirements.
VI. Preemption
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.
VII. Conclusion
Based on its evaluation of the 17 renewal exemption applications
and no comments received, FMCSA announces its decision to grant a 2-
year exemption to each of the following drivers from the epilepsy and
seizure disorders prohibition in Sec. 391.41(b)(8).
As of April 2, 2025, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 15 individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:
Sayed Abbed (PA)
Jeffrey Ballweg (WI)
Kenneth Elder (KY)
Larry Kirby (MO)
Brian Klein (IN)
Edward Malicki (NY)
Jared Meyers (MS)
Ronnie Moody (NC)
Rick Morrison (NC)
Joshua Pattyn (OR)
Benjamin Reineke (OH)
Robert Schauer (IA)
Jeffrey Smith, Jr. (FL)
Eric Smits (WI)
Tara Van Horne (PA)
The drivers were included in docket number FMCSA-2013-0109, FMCSA-
2014-0380, FMCSA-2015-0323, FMCSA-2016-0008, FMCSA-2020-0050, FMCSA-
2020-0053, or FMCSA-2022-0047. Their exemptions were applicable as of
April 2, 2025, and will expire on April 2, 2027.
As of April 26, 2025, and in accordance with 49 U.S.C. 31136(e) and
31315(b), Michael Littleton (CO) has satisfied the renewal conditions
for obtaining an exemption from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate CMV drivers. This driver was
included in docket number FMCSA-2023-0030. The exemption was applicable
as of April 26, 2025, and will expire on April 26, 2027.
As of April 30, 2025, and in accordance with 49 U.S.C. 31136(e) and
31315(b), Bradley Hollister (PA) has satisfied the renewal conditions
for obtaining an exemption from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate CMV drivers. This driver was
included in docket number FMCSA-2016-0313. The exemption was applicable
as of April 30, 2025, and will expire on April 30, 2027.
In accordance with 49 U.S.C. 31315(b), and FMCSA's policy of
issuing medical exemptions for a 2-year period to correspond with the
medical certificate, each exemption will be valid for 2 years from the
effective date unless revoked earlier by FMCSA. The exemption will be
revoked if the following occurs: (1) the person fails to comply with
the terms and conditions of the exemption, as set forth in the initial
renewal notice (see 90 FR 19080) and incorporated herein; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-02160 Filed 2-2-26; 8:45 am]
BILLING CODE 4910-EX-P
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