Notice2026-10584
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
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Published
May 28, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces receipt of applications from 11 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.
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 31828-31830]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10584]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2026-0039]
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 11 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 29, 2026.
ADDRESSES: You may submit comments identified by Docket No. FMCSA-2026-
0039 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-2026-0039) 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.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC
20590-0001.
<bullet> Hand Delivery or 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#b1d7dcd2c2d0dcd4d5d8d2d0ddf1d5dec59fd6dec7"><span class="__cf_email__" data-cfemail="7513181606141810111c16141935111a015b121a03">[email protected]</span></a>. 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 (FMCSA-2026-0039), 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
[[Page 31829]]
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="https://www.regulations.gov/docket/FMCSA-2026-0039">https://www.regulations.gov/docket/FMCSA-2026-0039</a>. 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 <a href="/cdn-cgi/l/email-protection#cfadbda6aea1e1a8e1abaea7a3a6a18faba0bbe1a8a0b9"><span class="__cf_email__" data-cfemail="87e5f5eee6e9a9e0a9e3e6efebeee9c7e3e8f3a9e0e8f1">[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-2026-0039) 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. 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 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 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 11 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
David Boone
David Boone is a 56-year-old class D license holder in Oklahoma. He
has a history of seizure disorder and has been seizure free since
January 2003. He takes an anti-seizure medication with the dosage and
frequency remaining the
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same since 2016. His physician states that they are supportive of him
receiving an exemption.
Tyler Campbell
Tyler Campbell is a 26-year-old class C license holder in Georgia.
He has a history of complex partial epilepsy and has been seizure free
since 2014. 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.
Wyatt Chisamore
Wyatt Chisamore is a 20-year-old class D license holder in Vermont.
He has a history of nocturnal left centro-temporo-parietal epilepsy and
has been seizure free since July 2017. He takes an anti-seizure
medication with the dosage and frequency remaining the same since
January 17, 2024. His physician states that they are supportive of him
receiving an exemption.
Matthew Davis
Matthew Davis is a 32-year-old class A commercial driver's license
(CDL) holder in South Carolina. He has a history of seizure disorder
and has been seizure free since 2015. He takes an anti-seizure
medication with the dosage and frequency remaining the same since
January 2015. His physician states that they are supportive of him
receiving an exemption.
Jitwan Floyd
Jitwan Floyd is a 25-year-old class D license holder in South
Carolina. He has a history of generalized epilepsy and has been seizure
free since 2017. He takes an anti-seizure medication with the dosage
and frequency remaining the same since 2019. His physician states that
they are supportive of him receiving an exemption.
Ricky Loy
Ricky Loy is a 56-year-old class A CDL holder in Florida. He has a
history of generalized epilepsy and has been seizure free since 2002.
He takes an anti-seizure medication with the dosage and frequency
remaining the same since 2021. His physician states that they are
supportive of him receiving an exemption.
Matthew May
Matthew May is a 27-year-old class D license holder in Connecticut.
He has a history of focal epilepsy and has been seizure free since
January 15, 2018. He takes an anti-seizure medication with the dosage
and frequency remaining the same since January 15, 2018. His physician
states that they are supportive of him receiving an exemption.
Kyle Ratliff
Kyle Ratliff is a 34-year-old class AV CDL holder in Alabama. He
has a history of simple partial epilepsy and has been seizure free
since March 2016. He takes an anti-seizure medication with the dosage
and frequency remaining the same since March 2016. His physician states
that they are supportive of him receiving an exemption.
Joseph Shojaie
Joseph Shojaie is a 23-year-old class D license holder in South
Carolina. He has a history of epilepsy and has been seizure free since
June 25, 2017. He takes an anti-seizure medication with the dosage and
frequency remaining the same since 2017. His physician states that they
are supportive of him receiving an exemption.
Mark Stroney
Mark Stroney is a 49-year-old class A CDL holder in Missouri. He
has a history of epilepsy and has been seizure free since March 2008.
He takes an anti-seizure medication with the dosage and frequency
remaining the same since March 2008. His physician states that they are
supportive of him receiving an exemption.
Jacob Utphall
Jacob Utphall is a 47-year-old class D license holder in Wisconsin.
He has a history of single unprovoked seizure and has been seizure free
since October 22, 2019. He has been off anti-seizure medication since
2022. His physician states that they are supportive of him receiving an
exemption.
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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-10584 Filed 5-27-26; 8:45 am]
BILLING CODE 4910-EX-P
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