Notice2026-08990
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
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Published
May 7, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew exemptions for seven 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 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Notices]
[Pages 24959-24961]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08990]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0058; FMCSA-2021-0026; FMCSA-2023-0256]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of renewal of exemptions; request for comments.
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SUMMARY: FMCSA announces its decision to renew exemptions for seven
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: The exemptions were applicable on April 15, 2026. The exemptions
expire on April 15, 2028. Comments must be received on or before June
8, 2026.
ADDRESSES: You may submit comments identified by Docket No. FMCSA-2018-
0058, FMCSA-2021-0026, or FMCSA-2023-0256, as appropriate, 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-2018-0058, FMCSA-2021-0026, or FMCSA-
2023-0256, as appropriate) in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
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, W58-213, Washington, DC
20590-0001.
<bullet> Hand Delivery of Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, W58-213,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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 A. 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#11777c7262707c74757872707d51757e653f767e67"><span class="__cf_email__" data-cfemail="60060d0313010d05040903010c20040f144e070f16">[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. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2018-0058, FMCSA-
[[Page 24960]]
2021-0026, or FMCSA-2023-0256), 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="http://www.regulations.gov">www.regulations.gov</a>, insert
the docket number (FMCSA-2018-0058, FMCSA-2021-0026, or FMCSA-2023-
0256) in the keyword box and click ``Search.'' Next, sort the results
by ``Posted (Newer-Older),'' choose the first 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#e587978c848bcb82cb81848d898c8ba5818a91cb828a93"><span class="__cf_email__" data-cfemail="a5c7d7ccc4cb8bc28bc1c4cdc9cccbe5c1cad18bc2cad3">[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-2018-0058, FMCSA-2021-0026, or FMCSA-2023-0256) 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 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. 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
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 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\ Appendix A to Part 391, Title 49, available at <a href="https://www.ecfr.gov/current/title-49/part-391/appendix-Appendix">https://www.ecfr.gov/current/title-49/part-391/appendix-Appendix</a> A to Part
391.
\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 seven individuals listed in this notice have requested renewal
of their exemptions from the epilepsy and seizure disorders prohibition
in 49 CFR 391.41(b)(8), in accordance with FMCSA procedures.
Accordingly, FMCSA has evaluated these applications for renewal on
their merits and decided to extend each exemption for a renewable 2-
year period.
[[Page 24961]]
IV. Request for Comments
Interested parties or organizations possessing information that
would show that any, or all, of these drivers are not currently
achieving the statutory level of safety should immediately notify
FMCSA. The Agency will evaluate any adverse evidence submitted and, if
the person has failed to comply with the terms and conditions of the
exemption, or if safety is being compromised or if continuation of the
exemption would not be consistent with the goals and objectives of
Title 49, chapter 313 or section 31136, FMCSA will take immediate steps
to revoke the exemption of a driver.
V. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the
seven applicants have satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The
seven drivers in this notice remain in good standing with the Agency,
have maintained their medical monitoring and have not exhibited any
medical issues that would compromise their ability to safely operate a
CMV during the previous 2-year exemption period. In addition, the
Agency has reviewed each applicant's certified driving record from
their State Driver's Licensing Agency (SDLA). The information obtained
from each applicant's driving record provides the Agency with details
regarding any moving violations or reported crash data, which
demonstrates whether the driver has a safe driving history and is an
indicator of future driving performance. If the driving record revealed
a crash, FMCSA requested and reviewed the related police reports and
other relevant documents, such as the citation and conviction
information. These factors provide an adequate basis for predicting
each driver's ability to continue to safely operate a CMV in interstate
commerce. Accordingly, FMCSA concludes that extending the exemption for
each renewal applicant for a period of 2 years is likely to achieve a
level of safety equivalent to, or greater than, the level of safety
that would be achieved without the exemption.
As of April 15, 2026, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers.
Robert Drake (MI)
Jacoby Hitchcock (IA)
Lance Johnson (TN)
Anthony Martin (VA)
Kevin Podman (IL)
Bradley Scruggs (CA)
Mark Shirkey (IN)
The drivers were included in docket numbers FMCSA-2018-0058, FMCSA-
2021-0026, or FMCSA-2023-0256. Their exemptions were applicable as of
April 15, 2026, and will expire on April 15, 2028.
VI. Terms and Conditions
The exemptions are extended subject to the following conditions:
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 49
CFR 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, time, and location of any crashes, as
defined in 49 CFR 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 citation and conviction; 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 law
enforcement official. In addition, the driver must meet all the
applicable commercial driver's license testing requirements.
VII. 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.
VIII. Conclusion
Based on its evaluation of the seven exemption renewal
applications, FMCSA renews the exemptions of the aforementioned drivers
from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). 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 above; (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 Title 49, chapter 313 or
section 31136.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-08990 Filed 5-6-26; 8:45 am]
BILLING CODE 4910-EX-P
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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.