Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Issuing agencies

Abstract

FMCSA announces its decision to deny applications from 16 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting 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 operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 215 (Monday, November 9, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 215 (Monday, November 9, 2026)]
[Notices]
[Pages 70980-70981]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22829]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2026-0036]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of denials.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to deny applications from 16 
individuals who requested an exemption from the Federal Motor Carrier 
Safety Regulations (FMCSRs) prohibiting 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 operate a commercial 
motor vehicle (CMV) from operating CMVs in interstate commerce.

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#482e252b3b29252d2c212b2924082c273c662f273e"><span class="__cf_email__" data-cfemail="badcd7d9c9dbd7dfded3d9dbd6faded5ce94ddd5cc">[email&#160;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-2026-0036) 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 of safety 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

[[Page 70981]]

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.
---------------------------------------------------------------------------

    \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>.
---------------------------------------------------------------------------

    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 17 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 12893). The public comment 
period ended on April 16, 2026, and five comments were received.

IV. Discussion of Comments

    FMCSA received five comments on these exemption applications. One 
commenter advocated balanced and individualized regulations that 
prioritize both public safety and the equal opportunity for individuals 
to drive when their seizures are well-managed. In response to this 
comment, FMCSA finds that its seizure exemption process adequately 
balances the Agency's mission of improving public safety on the 
nation's roadways with the opportunity for otherwise ineligible 
individuals to present evidence of why they should nonetheless be 
permitted to drive CMVs.
    Two comments were in support of granting an exemption to Mr. 
Sparkman and one comment was in support of granting an exemption to 
Donte Watkins, both listed in this notice. Although FMCSA received 
comments in support of Mr. Sparkman's and Mr. Watkins' Federal seizure 
exemption applications, FMCSA evaluates each application considering 
the medical advisory criteria, the 2007 MEP recommendations, and each 
individual's medical information and driving record in deciding whether 
to grant the exemption as stated above. In both cases, the information 
provided in the comments did not alter FMCSA's evaluation of the 
medical evidence the individuals submitted with their applications.
    The last comment was out of scope for 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 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 12893) 
and will not be repeated in this notice.

VI. Conclusion

    Based upon its evaluation of the 17 exemption applications, FMCSA 
has determined that the following 16 applicants do not satisfy the 
eligibility criteria or meet the terms and conditions of the Federal 
exemption and granting these exemptions would not provide a level of 
safety that would be equivalent to, or greater than, the level of 
safety that would be obtained by complying with 49 CFR 391.41(b)(8). 
Therefore, the 16 applicants in this notice have been denied exemptions 
from the physical qualification standards in 49 CFR 391.41(b)(8).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his or her exemption request. Those 
decision letters fully outlined the basis for the denial and constitute 
final action by the Agency. This notice summarizes the Agency's recent 
denials as required under 49 U.S.C. 31315(b)(6)(c) by publishing names 
and reasons for denial.
    The following 16 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off anti-seizure 
medication:

Andrew Barker (NC)
Kyle Benner (PA)
Devin Brockington (MD)
Wendy Cook (OR)
Caedmon Cunningham (KS)
Steven Ernest (ME)
Chauncy Gibson (GA)
Matthew Heller (NY)
Michael S. Miller (CA)
Michael George Murray (NY)
Brandon Petruzzi (MA)
Scott Pontious (OH)
Anthony Sanders (MO)
Ryen Seyfried (NY)
Jeffrey Sparkman (KY)
Donte Watkins (NC)

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-22829 Filed 11-6-26; 8:45 am]
BILLING CODE 4910-EX-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>