Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

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Choosing an item from suggestions will bring you directly to the content. The exemptions were applicable on March 4, 2026. The exemptions expire on March 4, 2028. Table of Contents Enhanced Content - Table of Contents This table of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents. This repetition of headings to form internal navigation links has no substantive legal effect. This PDF is FR Doc. 2026-12323 as it appeared on Public Inspection on 06/17/2026 at 8:45 am. It was viewed 13 times while on Public Inspection. If you are using public inspection listings for legal research, you should verify the contents of the documents against a final, official edition of the Federal Register. Only official editions of the Federal Register provide legal notice of publication to the public and judicial notice to the courts under 44 U.S.C. 1503 & 1507. Learn more here. Published Document: 2026-12323 (91 FR 36935) This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. SUMMARY: FMCSA announces its decision to exempt 63 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 March 4, 2026. The exemptions expire on March 4, 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; fmcsamedical@dot.gov. 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 www.regulations.gov. Insert the docket number, (FMCSA-2025-0014) 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. ( printed page 36936) 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 www.regulations.gov, 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 https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. 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. 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 January 28, 2026, FMCSA published a notice announcing receipt of applications from 63 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 3775). The public comment period ended on February 27, 2026, and 10 comments were received. FMCSA has 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 10 comments in this proceeding. Three comments were in support of Rodney Cook receiving the exemption. One comment was in support of Anthony Thomson receiving the exemption. One comment was in support of William Shelton receiving the exemption. The remaining five comments were in support of granting the exemptions to individuals who have been seizure free and controlled on anti-seizure medication for an extended period of time. 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 January 28, 2026, Federal Register notice (91 FR 3775) and will not be repeated in this notice. These 63 applicants have been seizure-free over a range of 2 to 38 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 ( printed page 36937) 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. VIII. Conclusion Based upon its evaluation of the 63 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: Shane A. Andrzejewski (SC) Robert Baschwit (IN) Paul Beadle (AZ) Daniel Billington (ID) Lee R. Blumer (MN) Zaire Bowman (NJ) Allen Bradley (AL) Aaron Brammer (IA) Jools Brandt (MN) Jimmie Burts (MD) Carlos Colon (ID) Rodney Cook (MD) Victor Cox (NC) Michael Curtin (NY) Franklin Todd Davis (IA) Larry Dillon (OR) Glenn Egan (CA) James Engelbrecht (CO) Scott Engman (MN) Tary Freeman (NC) Vitorio Garcia (CA) Andre Gliwski (NY) Joshuah Gunter (SC) Cory Guyer (GA) Maria Heider (MA) Wendell Hines (CO) Jeffrey Hopkins (MA) Aaron Howe (UT) Kenneth Jacobs (OH) Luke Evan Jaeger (NY) Sophia Jaffas (MI) Michael Lemmon (WA) Derik Malone (UT) Adrian Martin (PA) Kale Maubach (TX) Nakia Merritt (WV) Eric Milyard (WA) Kyler Moss (WI) Charlie Orand (OK) Thurman Pugh (TX) Dana Ramspott (NH) David Richer (MI) Jesse Rinck (OK) Lamar Royal (MI) Wily Santos (RI) Byron Serfling (OR) William Shelton (TX) Scotti Smith (ME) Matthew Tastad (SD) Roger Taylor (WA) Richard Tedford (MO) Rick Teevens (MA) Wayne C. Thomsen (MN) Anthony Thomson (IA) Michael Timmons (SC) Marcus Tovar (GA) Courey Veney (MD) Petr Voyku (TN) Amy Weaver (MI) Jeremy Wolfe (PA) John Wolfe (PA) Christian Yesbeck (VA) Michael Young (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.