Notice2026-18301
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
September 9, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to exempt 14 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 operate CMVs in interstate commerce.
Full Text
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<title>Federal Register, Volume 91 Issue 173 (Wednesday, September 9, 2026)</title>
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[Federal Register Volume 91, Number 173 (Wednesday, September 9, 2026)]
[Notices]
[Pages 57427-57429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18301]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2026-0035]
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 exempt 14 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 operate CMVs in interstate commerce.
DATES: The exemptions were applicable on April 21, 2026. The exemptions
expire on April 21, 2028.
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#ec8a818f9f8d818988858f8d80ac888398c28b839a"><span class="__cf_email__" data-cfemail="4b2d2628382a262e2f22282a270b2f243f652c243d">[email protected]</span></a>. Office
hours are from 8:30 a.m. to 5 p.m. ET Monday through Friday, except
Federal holidays.
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-2026-0035) 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.
B. Privacy Act
In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. 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
[[Page 57428]]
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, and each individual's medical
information and driving record in deciding whether to grant the
exemption.
On March 17, 2026, FMCSA published a notice announcing receipt of
applications from 14 individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (91 FR 12900). The public comment
period ended on April 16, 2026, and three comments were received.
FMCSA evaluated the eligibility of these applicants and determined
that granting exemptions to these individuals 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 three comments on these exemption applications. Two
of the comments were from an individual and his wife requesting a
status update of his exemption application. One comment indicated that
there was an error in Mr. Bryel Johnson's age.
FMCSA considers the comments seeking a status update on an
individual's application out of scope, as that individual is not listed
in this particular notice. However, an applicant for a seizure
exemption can request a status update by emailing
<a href="/cdn-cgi/l/email-protection#55131816061426303c2f202730302d303825213c3a3b2615313a217b323a23"><span class="__cf_email__" data-cfemail="89cfc4cadac8faece0f3fcfbececf1ece4f9fde0e6e7fac9ede6fda7eee6ff">[email protected]</span></a> at any time during the application
process. FMCSA also contacted the individual to provide information
about his request.
In response to the error regarding Mr. Bryel Johnson's age, FMCSA
has corrected its earlier typographical error in this notice.
V. Basis for Exemption Determination
The Agency conducted an individualized assessment of each
applicant's medical information, including the root cause of the
respective seizure(s) and medical information about the applicant's
seizure history, the length of time that has elapsed since the
individual's last seizure, the stability of each individual's treatment
regimen and the duration of time on or off of anti-seizure medication.
In addition, the Agency reviewed the treating clinician's medical
opinion related to the ability of the driver to safely operate a CMV
with a seizure history and 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. A summary of each applicant's seizure history was
discussed in the March 17, 2026, Federal Register notice (91 FR 12900)
and will not be repeated in this notice.\3\
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\3\ FMCSA thoroughly reviewed all the exemption applications
granted via this notice. However, due to a typographical error in
the Federal Register notice (91 FR 12900), Bryel Johnson's age was
incorrectly listed as ``37-years-old'' and should have been listed
as ``47 years-old''.
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These 14 applicants have been seizure-free over a range of four to
22 years while taking anti-seizure medication and have maintained a
stable medication treatment regimen for the last 2 years. In each case,
the applicant's treating physician verified his or her seizure history
and supports the ability to drive commercially.
The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety in the operation of a CMV.
Consequently, FMCSA finds further that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in 49 CFR
391.41(b)(8) would likely achieve a level of safety equivalent to, or
greater than, the level of safety that would be achieved without the
exemption, consistent with the applicable standard in 49 U.S.C.
31315(b)(1).
VI. 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 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, location, and time 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 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 law
enforcement official. In addition, the driver must meet all 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.
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VIII. Conclusion
Based upon its evaluation of the 14 exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition in 49 CFR 391.41(b)(8), subject to the requirements cited
above:
Walter Albaugh (MA)
Cadan Asterino (AZ)
Alexander Blakes (MD)
Anthony Fertitta (MA)
Cody Ford (MI)
Cooper Franklin (NC)
Terry Gribbons (KY)
Andrew Horton (WA)
Bryel Johnson (ID)
Stephen Kelley (VA)
Jacob McNally (CT)
Joshua Trainum (PA)
Shawn Tupick (NH)
Velvel Zhivov (NY)
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. 2026-18301 Filed 9-8-26; 8:45 am]
BILLING CODE 4910-EX-P
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