Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices 3169 

is equivalent to, or greater than, the 

level of safety achieved without the 

exemption. 

FMCSA acknowledges the concerns of 

FHP and CVSA that flashing, rotating, or 

pulsating red lamps are generally 

permitted only on emergency vehicles. 

FMCSA notes that police and other 

State-authorized emergency vehicles 

utilize high intensity, constantly 

flashing, rotating, or pulsating red lamps 

visible from all directions on the vehicle 

and that continuously operate when 

activated. The amber or red brakeactivated pulsating lamps requested by 

Waste Management are visible only to 

the rear of their vehicles and are similar 

in lamp intensity and flash rate of the 

vehicle’s standard rear hazard warning 

lamps system currently allowed by the 

regulations. FMCSA believes that the 

FMCSA and NHTSA research programs 

that demonstrated the ability of 

alternative rear signaling systems to 

reduce the frequency and severity of 

rear-end crashes are sufficient to 

conclude that the implementation of red 

or amber brake-activated pulsating 

lamps in the upper center position or in 

an upper dual outboard position on the 

rear of their vehicles, in addition to the 

steady-burning brake lamps required by 

the regulations, is likely to provide a 

level of safety that is equivalent to, or 

greater than, the level of safety achieved 

without the exemption. 

Terms and Conditions for the 

Exemption 

The Agency hereby grants the 

exemption for a 5-year period, 

beginning January 20, 2022 and ending 

January 20, 2027. During the temporary 

exemption period, Waste Management’s 

operating companies will be allowed to 

replace the high-mounted brake lights 

on their owned and operated fleets of 

heavy-duty refuse and support trucks 

and will be allowed to install a red or 

amber brake-activated pulsating lamp in 

the upper center position or in an upper 

dual outboard position on the rear of 

their owned and operated fleets of 

heavy-duty refuse and support trucks in 

addition to the steady-burning brake 

lamps required by the FMCSRs. 

The exemption will be valid for 5 

years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded if: (1) Waste Management fails 

to comply with the terms and 

conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315(b). 

Interested parties possessing 

information that would demonstrate 

that Waste Management’s 106 operating 

companies’ owned and operated fleets 

of heavy-duty refuse and support trucks 

with red or amber brake-activated 

pulsating lamps positioned in the upper 

center position, or in an upper dual 

outboard position, in addition to the 

steady burning brake lamps required by 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) is not achieving 

the requisite statutory level of safety 

should immediately notify FMCSA. The 

Agency will evaluate any such 

information and, if safety is being 

compromised or if the continuation of 

the exemption is not consistent with 49 

U.S.C. 31136(e) and 31315(b), will take 

immediate steps to revoke the 

exemption. 

Preemption 

In accordance with 49 U.S.C. 

31313(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation applicable 

to interstate commerce that conflicts 

with or is inconsistent with this 

exemption. States may, but are not 

required to, adopt the same exemption 

with respect to operations in intrastate 

commerce. 

Meera Joshi, 

Deputy Administrator. 

[FR Doc. 2022–01023 Filed 1–19–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0011] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from 33 

individuals who requested an 

exemption from the vision standard in 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a CMV 

in interstate commerce. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

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 materials in 

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–2022–0011, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first 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 W12–140 

on the ground floor 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. 

B. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.transportation.gov/privacy. 

II. Background 

FMCSA received applications from 33 

individuals who requested an 

exemption from the vision standard in 

the FMCSRs. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

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 § 391.41(b)(10). 

III. Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-year period if it finds 

such exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption. 

FMCSA grants exemptions from the 

FMCSRs for a 2-year period to align 

with the maximum duration of a 

driver’s medical certification. 

The Agency’s decision regarding these 

exemption applications is based on 


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3170 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices 

medical reports about the applicants’ 

vision, as well as their driving records 

and experience driving with the vision 

deficiency. 

IV. Conclusion 

The Agency has determined that these 

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 § 391.41(b)(10). 

Therefore, the 33 applicants in this 

notice have been denied exemptions 

from the physical qualification 

standards in § 391.41(b)(10). 

Each applicant has, prior to this 

notice, received a letter of final 

disposition regarding his/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)(4) by periodically 

publishing names and reasons for 

denial. 

The following two applicants did not 

have sufficient driving experience over 

the past 3 years under normal highway 

operating conditions: 

Lawrence L. Pedro (OR); and Johnnie E. 

Washington (CT) 

The following 24 applicants had no 

experience operating a CMV: 

Le’Sean S. Auguste (TX) 

Jody D. Bennett (UT) 

Joseph C. Carpenter (CA) 

Richard E. Clemens (IL) 

Vincent N. Crescenzo (NY) 

Paul A. Davis (PA) 

Efrain Gonzalez (TX) 

Lawrence E. Grant (NH) 

Brian J. Hall (MT) 

Christopher S. Lambert (AR) 

David Paul Mason (FL) 

Courtney C. McFall (IL) 

Louis L. Miller (KS) 

Collin Mitchell (NY) 

Jorge A. Pichardo (NC) 

Henok G. Reda (WA) 

Kathleen A. Santos (ME) 

Domenic J. Scioletti (MA) 

Randy J. Shackelton (NC) 

Kenneth L. Storey (IN) 

James H. Townsend (OH) 

Jonathan O. Umanzor Serpas (MD) 

Charles D. Vonschriltz (OK) 

Patrick D. Woodward (NM) 

The following three applicants did 

not have 3 years of experience driving 

a CMV on public highways with their 

vision deficiencies: 

Robert A. Freece (OR); James P. Gritz 

(PA); and Terry L. Kirstein (TX) 

The following applicant, Robert J. 

Stewart (CO), did not have 3 years of 

recent experience driving a CMV on 

public highways with their vision 

deficiencies. 

The following applicant, Richard E. 

Hadler (MN), did not hold a license 

which allowed operation of vehicles 

over 26,000 lbs. 

The following two applicants drove 

interstate while restricted to intrastate 

driving: 

Shane E. Finnerud (WI); and David A. 

Swan (IL) 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–01015 Filed 1–19–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

FEDERAL RESERVE SYSTEM 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Proposed Agency Information 

Collection Activities: Comment 

Request 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury; Board of 

Governors of the Federal Reserve 

System (Board); and Federal Deposit 

Insurance Corporation (FDIC). 

ACTION: Joint notice and request for 

comment. 

SUMMARY: In accordance with the 

requirements of the Paperwork 

Reduction Act of 1995 (PRA), the OCC, 

the Board, and the FDIC (the agencies) 

may not conduct or sponsor, and the 

respondent is not required to respond 

to, an information collection unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. The Federal Financial 

Institutions Examination Council 

(FFIEC), of which the agencies are 

members, has approved the agencies’ 

publication for public comment of a 

proposal to revise and extend the 

Country Exposure Report (FFIEC 009) 

and the Country Exposure Information 

Report (FFIEC 009a), which are 

currently approved collections of 

information. The revisions to the FFIEC 

009 and the FFIEC 009a are proposed to 

take effect as of the December 31, 2022, 

report date. At the end of the comment 

period for this notice, the FFIEC and the 

agencies will review any comments 

received to determine whether to 

modify the proposal in response to 

comments. As required by the PRA, the 

agencies will then publish a second 

Federal Register notice for a 30-day 

comment period and submit the final 

FFIEC 009 and FFIEC 009a to OMB for 

review and approval. 

DATES: Comments must be submitted on 

or before March 21, 2022. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

any or all of the agencies. All comments, 

which should refer to the OMB control 

number(s), will be shared among the 

agencies. 

OCC: You may submit comments, 

which should refer to ‘‘FFIEC 009 and 

FFIEC 009a,’’ by any of the following 

methods: 

• Email: prainfo@occ.treas.gov. 

• Mail: Chief Counsel’s Office, Office 

of the Comptroller of the Currency, 

Attention: 1557–0100, 400 7th Street 

SW, Suite 3E–218, Washington, DC 

20219. 

• Hand Delivery/Courier: 400 7th 

Street SW, Suite 3E–218, Washington, 

DC 20219. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘1557– 

0100’’ in your comment. In general, the 

OCC will publish comments on 

www.reginfo.gov without change, 

including any business or personal 

information provided, such as name and 

address information, email addresses, or 

phone numbers. Comments received, 

including attachments and other 

supporting materials, are part of the 

public record and subject to public 

disclosure. Do not include any 

information in your comment or 

supporting materials that you consider 

confidential or inappropriate for public 

disclosure. 

You may review comments and other 

related materials that pertain to this 

information collection beginning on the 

date of publication of the second notice 

for this collection by any of the 

following methods: 

• Viewing Comments Electronically: 

Go to www.reginfo.gov. Click on the 

‘‘Information Collection Review’’ tab. 

Underneath the ‘‘Currently under 

Review’’ section heading, from the dropdown menu select ‘‘Department of 

Treasury’’ and then click ‘‘submit’’. This 

information collection can be located by 

searching by OMB control number 

‘‘1557–0100’’ or ‘‘FFIEC 009 and FFIEC 

009a’’. Upon finding the appropriate 

information collection, click on the 

related ‘‘ICR Reference Number.’’ On the 

next screen, select ‘‘View Supporting 

Statement and Other Documents’’ and 

then click on the link to any comment 

listed at the bottom of the screen. 


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