[Federal Register Volume 91, Number 34 (Friday, February 20, 2026)]
[Notices]
[Pages 8298-8300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03331]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2026-0364]
Qualification of Drivers; Exemption Applications; Idiopathic
Hypersomnia
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of an application from one individual
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against operation of a commercial motor
vehicle (CMV) in interstate commerce by persons with either 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 CMV. If
granted, the exemption would enable this individual who has been
diagnosed with idiopathic hypersomnia and is receiving medical
treatment to operate CMVs in interstate commerce.
DATES: Comments must be received on or before March 23, 2026.
ADDRESSES: You may submit comments identified by Docket No. FMCSA-2026-
0364 using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov,
insert the docket number (FMCSA-2026-0364) 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.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC
20590-0001.
Hand Delivery: 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.
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; [email protected]. Office
hours are 8:30 a.m. to 5 p.m. ET Monday through
[[Page 8299]]
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-2026-0364), 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 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 https://www.regulations.gov/docket/FMCSA-2026-0364. 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 [email protected]. 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 www.regulations.gov, insert the docket
number (FMCSA-2026-0364) 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
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 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\
---------------------------------------------------------------------------
\1\ Appendix A to Part 391, Title 49, available at https://www.ecfr.gov/current/title-49/part-391/appendix-Appendix A to Part
391.
---------------------------------------------------------------------------
The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. The criteria also
state that a variety of functional disorders can cause drowsiness,
dizziness, confusion, weakness, or paralysis that may lead to
incoordination, inattention, loss of functional control, and
susceptibility to accidents while driving.
In those individual cases where a driver had an epileptic medical
event or an episode of loss of consciousness that resulted from a known
medical condition (e.g., drug reaction, high temperature, acute
infectious disease, dehydration, or acute metabolic disturbance),
certification should be deferred until the driver has fully recovered
from that condition, has no existing residual complications, and is not
taking anti-seizure medication.
The individual listed in this notice has requested an exemption
from 49
[[Page 8300]]
CFR 391.41(b)(8). Accordingly, the Agency will evaluate the
qualifications of the applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.
IV. Qualifications of Applicants
Michael Tralies
Mr. Tralies holds a commercial driver's license in Pennsylvania. A
letter dated August 4, 2025, from Mr. Tralies's pulmonology provider
reports that he was diagnosed with idiopathic hypersomnia and that he
has no issues with excessive daytime sleepiness or impaired alertness.
Mr. Tralies's pulmonology provider also reports that he is compliant
with medication treatment and is responding well with no side effects.
V. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b)(6), FMCSA
requests public comment from all interested persons on the exemption
application described in this notice. We will consider all comments
received before the close of business on the closing date indicated in
the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2026-03331 Filed 2-19-26; 8:45 am]
BILLING CODE 4910-EX-P