3164 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices 

The Agency believes that allowing 

placement of the Vision 2.0 device 

lower than currently permitted by 

Agency regulations will likely provide a 

level of safety that is equivalent to, or 

greater than, the level of safety achieved 

without the exemption because (1) 

based on the information available, 

there is no indication that the Vision 2.0 

device would obstruct drivers’ views of 

the roadway, highway signs and signals, 

and surrounding traffic; (2) generally, 

trucks and buses have an elevated 

seating position that greatly improves 

the forward visual field of the driver 

and any impairment of available sight 

lines would be minimal; and (3) the 

mounting location where the bottom of 

the Vision 2.0 device housing does not 

extend more than 8 inches below the 

upper edge of the area swept by the 

windshield wipers outside the driver’s 

and passenger’s normal sight lines to the 

road ahead, highway signs and signals, 

and all mirrors, will be reasonable and 

enforceable at roadside. In addition, the 

Agency believes the use of the Vision 

2.0 device by fleets is likely to improve 

the overall level of safety for the 

motoring public. 

This action is consistent with the 

following previously issued Agency 

actions permitting the placement of 

similarly-sized devices on CMVs 

outside the driver’s sight lines to the 

road and highway signs and signals: 

Bendix Commercial Vehicle Systems, 

LLC 86 FR 17877 (April 6, 2021), 

Netradyne, Inc. 85 FR 82575 (Dec 18, 

2020), J.J. Keller & Associates, Inc. 85 FR 

75106 (November 24, 2020), Samsara 

Networks, Inc. 85 FR 68409 (Oct. 28, 

2020), Nauto Inc. 85 FR 64220 (Oct. 9, 

2020), Lytx Inc. 85 FR 30121 (May 21, 

2020), and Navistar Inc. 84 FR 64952 

(Nov. 25, 2019). FMCSA is unaware of 

any evidence showing that installation 

of other vehicle safety technologies 

mounted on the interior of the 

windshield has resulted in any 

degradation in safety. 

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, motor carriers are 

allowed to operate CMVs equipped with 

Complete Innovations’ Vision 2.0 device 

in the approximate center of the top of 

the windshield where the bottom edge 

of the technology housing is 

approximately 8 inches below the upper 

edge of the area swept by the 

windshield wipers, outside of the 

driver’s and passenger’s normal sight 

lines to the road ahead, highway signs 

and signals, and all mirrors. The 

exemption is valid for 5 years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) 

Motor carriers and/or commercial motor 

vehicles fail 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 motor carriers operating CMVs 

equipped with Complete Innovations’ 

Vision 2.0 device are 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 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. 

31315(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 with respect to a firm or 

person operating under the 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. 2022–01020 Filed 1–19–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0123; FMCSA– 

2014–0104; FMCSA–2014–0385; FMCSA– 

2016–0003; FMCSA–2017–0057; FMCSA– 

2017–0058; FMCSA–2018–0139; FMCSA– 

2019–0011; FMCSA–2019–0112] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 17 

individuals from the hearing 

requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

interstate commercial motor vehicle 

(CMV) drivers. The exemptions enable 

these hard of hearing and deaf 

individuals to continue to operate CMVs 

in interstate commerce. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates provided 

below. Comments must be received on 

or before February 22, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2013–0123, Docket No. 

FMCSA–2014–0104, Docket No. 

FMCSA–2014–0385, Docket No. 

FMCSA–2016–0003, Docket No. 

FMCSA–2017–0057, Docket No. 

FMCSA–2017–0058, Docket No. 

FMCSA–2018–0139, Docket No. 

FMCSA–2019–0011, or Docket No. 

FMCSA–2019–0112 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2013–0123, FMCSA– 

2014–0104, FMCSA–2014–0385, 

FMCSA–2016–0003, FMCSA–2017– 

0057, FMCSA–2017–0058, FMCSA– 

2018–0139, FMCSA–2019–0011, or 

FMCSA–2019–0112 in the keyword box, 

and click ‘‘Search.’’ Next, sort the 

results by ‘‘Posted (Newer-Older),’’ 

choose the first 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, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., ET, 

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, (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 or 

submitting material to the docket, 


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Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices 3165 

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 (Docket No. FMCSA–2013–0123, 

Docket No. FMCSA–2014–0104, Docket 

No. FMCSA–2014–0385, Docket No. 

FMCSA–2016–0003, Docket No. 

FMCSA–2017–0057, Docket No. 

FMCSA–2017–0058, Docket No. 

FMCSA–2018–0139, Docket No. 

FMCSA–2019–0011, or Docket No. 

FMCSA–2019–0112), 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 

www.regulations.gov/, insert the docket 

number, FMCSA–2013–0123, FMCSA– 

2014–0104, FMCSA–2014–0385, 

FMCSA–2016–0003, FMCSA–2017– 

0057, FMCSA–2017–0058, FMCSA– 

2018–0139, FMCSA–2019–0011, or 

FMCSA–2019–0112 in the keyword box, 

and click ‘‘Search.’’ Next, sort the 

results by ‘‘Posted (Newer-Older),’’ 

choose the first 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 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

B. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2013–0123, FMCSA– 

2014–0104, FMCSA–2014–0385, 

FMCSA–2016–0003, FMCSA–2017– 

0057, FMCSA–2017–0058, FMCSA– 

2018–0139, FMCSA–2019–0011, or 

FMCSA–2019–0112 in the keyword box, 

and click ‘‘Search.’’ Next, sort the 

results by ‘‘Posted (Newer-Older),’’ 

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. 

C. Privacy Act 

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

DOT solicits comments from the public 

to better inform its regulatory 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 

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. The 

statute also allows the Agency to renew 

exemptions at the end of the 5-year 

period. FMCSA grants medical 

exemptions from the FMCSRs for a 2- 

year period to align with the maximum 

duration of a driver’s medical 

certification. 

The physical qualification standard 

for drivers regarding hearing found in 

49 CFR 391.41(b)(11) states that a 

person is physically qualified to drive a 

CMV if that person first perceives a 

forced whispered voice in the better ear 

at not less than 5 feet with or without 

the use of a hearing aid or, if tested by 

use of an audiometric device, does not 

have an average hearing loss in the 

better ear greater than 40 decibels at 500 

Hz, 1,000 Hz, and 2,000 Hz with or 

without a hearing aid when the 

audiometric device is calibrated to 

American National Standard (formerly 

ASA Standard) Z24.5—1951. 

This standard was adopted in 1970 

and was revised in 1971 to allow drivers 

to be qualified under this standard 

while wearing a hearing aid, 35 FR 

6458, 6463 (Apr. 22, 1970) and 36 FR 

12857 (July 3, 1971). 

The 17 individuals listed in this 

notice have requested renewal of their 

exemptions from the hearing standard 

in § 391.41(b)(11), in accordance with 

FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable 2-year period. 

III. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

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

will take immediate steps to revoke the 

exemption of a driver. 

IV. Basis for Renewing Exemptions 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b), each of the 17 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement. The 17 drivers in 

this notice remain in good standing with 

the Agency. In addition, for Commercial 

Driver’s License (CDL) holders, the 

Commercial Driver’s License 

Information System and the Motor 

Carrier Management Information System 

are searched for crash and violation 

data. For non-CDL holders, the Agency 

reviews the driving records from the 

State Driver’s Licensing Agency. These 

factors provide an adequate basis for 

predicting each driver’s ability to 

continue to safely operate a CMV in 

interstate commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each of these drivers for a period of 

2 years is likely to achieve a level of 

safety equal to that existing without the 

exemption. 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b), the following groups of 

drivers received renewed exemptions in 

the month of February and are 

discussed below. As of February 14, 

2022, and in accordance with 49 U.S.C. 

31136(e) and 31315(b), the following 

eight individuals have satisfied the 

renewal conditions for obtaining an 

exemption from the hearing requirement 

in the FMCSRs for interstate CMV 

drivers: 

Lucius Fowler (IL) 

Jared Gunn (IL) 

Daniel Krystosek (MN) 

John Malm (IL) 

Ray Norris (TX) 

Abel Talamantes (WA) 

Andrew Tessin (NC) 

Charles Wirick (MD) 


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3166 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices 

The drivers were included in docket 

number FMCSA–2013–0123, FMCSA– 

2014–0104, FMCSA–2017–0058, 

FMCSA–2018–0139, FMCSA–2019– 

0111, or FMCSA–2019–0112. Their 

exemptions are applicable as of 

February 14, 2022 and will expire on 

February 14, 2024. 

As of February 19, 2022, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following nine individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Wyatt Baldwin (NV) 

Richard Davis (OH) 

Adam Hayes (CA) 

Adrian Lopez (TX) 

Jeffrey Schulkers (KY) 

Jason Thomas (TX) 

Joshua J. Tinley (AZ) 

Roderick Thomas (GA) 

Kerri Wright (OK) 

The drivers were included in docket 

number FMCSA–2014–0385, FMCSA– 

2016–0003, or FMCSA–2017–0057. 

Their exemptions are applicable as of 

February 19, 2022 and will expire on 

February 19, 2024. 

V. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) Each 

driver must report any crashes or 

accidents as defined in § 390.5; and (2) 

report all citations and convictions for 

disqualifying offenses under 49 CFR 383 

and 49 CFR 391 to FMCSA; and (3) each 

driver prohibited from operating a 

motorcoach or bus with passengers in 

interstate commerce. The driver must 

also have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. In addition, the 

exemption does not exempt the 

individual from meeting the applicable 

CDL testing requirements. Each 

exemption will be valid for 2 years 

unless rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) The 

person 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). 

VI. 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. 

VII. Conclusion 

Based upon its evaluation of the 17 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the hearing requirement in 

§ 391.41 (b)(11). In accordance with 49 

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

exemption will be valid for 2 years 

unless revoked earlier by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–00987 Filed 1–19–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0059] 

Parts and Accessories Necessary for 

Safe Operation; Application for an 

Exemption From Waste Management 

Inc. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; grant 

of exemption. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

announces its decision to grant the 

limited 5-year exemption requested by 

Waste Management Inc. (Waste 

Management) to allow all of its 

operating companies, which currently 

number 106, to replace the highmounted brake lights on their 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). 

The Agency has determined that 

granting the exemption would likely 

achieve a level of safety equivalent to or 

greater than the level of safety provided 

by the regulation. 

DATES: This exemption is effective 

January 20, 2022 and ending January 20, 

2027. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jose ́ R. Cestero, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, MC–PSV, 

(202) 366–5541, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

Docket: For access to the docket to 

read background documents or 

comments submitted to notice 

requesting public comments on the 

exemption application, go to 

www.regulations.gov at any time or visit 

Dockets Operations, Room W12–140 on 

the ground level of the West Building, 

1200 New Jersey Avenue SE, 

Washington, DC, 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. The 

on-line Federal document management 

system is available 24 hours each day, 

365 days each year. The docket number 

is listed at the beginning of this notice. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of 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 

any safety analyses that have been 

conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews 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 by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reasons for 

denying or granting the application and, 

if granted, the name of the person or 

class of persons receiving the 

exemption, and the regulatory provision 

from which the exemption is granted. 

The notice must also specify the 

effective period and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

Waste Management’s Application for 

Exemption 

Section 393.25(e) of the FMCSRs 

requires all exterior lamps (both 

required lamps and any additional 

lamps) to be steady-burning, except turn 

signal lamps, hazard warning signal 

lamps, school bus warning lamps, 

amber warning lamps or flashing 

warning lamps on tow trucks and 

commercial motor vehicles (CMV) 

transporting oversized loads, and 

warning lamps on emergency and 

service vehicles authorized by State or 

local authorities. 

Waste Management applied for an 

exemption from 49 CFR 393.25(e) to 


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