Notice2026-10580
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
May 28, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew exemptions for five 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 102 (Thursday, May 28, 2026)</title>
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[Federal Register Volume 91, Number 102 (Thursday, May 28, 2026)]
[Notices]
[Pages 31826-31828]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10580]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0389; FMCSA-2014-0381; FMCSA-2015-0119; FMCSA-
2020-0047; FMCSA-2023-0036]
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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[[Page 31827]]
SUMMARY: FMCSA announces its decision to renew exemptions for five
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 November 6, 2025. The
exemptions expire on November 6, 2027.
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#67010a0414060a02030e04060b2703081349000811"><span class="__cf_email__" data-cfemail="12747f7161737f77767b71737e52767d663c757d64">[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-2011-0389, FMCSA-2014-0381, FMCSA-2015-0119, FMCSA-2020-
0047, or FMCSA-2023-0036, as appropriate) 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.
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 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 (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\ 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.
On January 20, 2026, FMCSA published a notice announcing its
decision to renew exemptions for five 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 (91 FR
2418). The public comment period ended on February 19, 2026, and no
comments were received.
The Agency has evaluated the eligibility and determined that
renewing these applicants' exemptions would likely achieve a level of
safety that is equivalent to, or greater than, the level that would be
achieved by complying with 49 CFR 391.41(b)(8).
IV. Discussion of Comments
FMCSA received no comments in this proceeding.
V. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the
five applicants have satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The five
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
[[Page 31828]]
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.
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 five renewal exemption applications
and supporting materials, 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 49 CFR
391.41(b)(8).
As of November 6, 2025, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:
Brian Bommer (OH)
Alex Hunter (SD)
David Kietzman (WI)
Marion Franklin Legg (MD)
Willian Rainer (TX)
The drivers were included in docket numbers FMCSA-2011-0389, FMCSA-
2014-0381, FMCSA-2015-0119, FMCSA-2020-0047, or FMCSA-2023-0036. Their
exemptions were applicable as of November 6, 2025, and will expire on
November 6, 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 91 FR 2418) 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 Title 49, chapter 313 or
section 31136.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-10580 Filed 5-27-26; 8:45 am]
BILLING CODE 4910-EX-P
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