Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Notices 8921 

IV. Basis for Renewing Exemptions

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

and 31315(b), each of the eight 

applicants has satisfied the renewal 

conditions for obtaining an exemption 

from the epilepsy and seizure disorders 

prohibition. The eight drivers in this 

notice remain in good standing with the 

Agency, have maintained their medical 

monitoring and have not exhibited any 

medical issues that would compromise 

their ability to safely operate a CMV 

during the previous 2-year exemption 

period. 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 renewal applicant for a period 

of 2 years is likely to achieve a level of 

safety equal to that existing without the 

exemption. 

As of February 19, 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 epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers: 

Daniel Bretz Jr. (PA) 

Thomas DeAngelo (IL) 

Robert Drake (AZ) 

Pagagrong Newsome (CA) 

Tyler Schaefer (ME) 

Douglas Slagel (OH) 

Cory Wagner (IL) 

Randy Wentz (PA) 

The drivers were included in docket 

number FMCSA–2013–0106, FMCSA– 

2015–0017, FMCSA–2015–0320, 

FMCSA–2018–0058, FMCSA–2019– 

0036, FMCSA–2019–0206, or FMCSA– 

2019–0210. 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 remain seizure-free and 

maintain a stable treatment during the 

2-year exemption period; (2) each driver

must submit annual reports from their

treating physicians attesting to the

stability of treatment and that the driver

has remained seizure-free; (3) each

driver must undergo an annual medical

examination by a certified ME, as

defined by § 390.5; and (4) each driver 

must provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy of his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the exemption when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. 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 on its evaluation of the eight

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the epilepsy and seizure 

disorders prohibition in § 391.41(b)(8). 

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. 2022–03350 Filed 2–15–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2007–28454] 

Petition for Expansion of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on January 29, 2022, Union Pacific 

Railroad Company (UPRR) petitioned 

the Federal Railroad Administration 

(FRA) for an expansion of a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 232 (Brake 

System Safety Standards for Freight and 

Other Non-Passenger Trains and 

Equipment; End-Of-Train Devices). The 

relevant FRA Docket Number is FRA– 

2007–28454. 

UPRR’s existing waiver in this docket 

provides conditional relief from the 

requirements for performing the single 

car air brake test (SCABT) as prescribed 

in 49 CFR 232.305(b)(2), Single car air 

brake tests. The relief allows UPRR to 

replace non-FRA condemnable 

wheelsets on railcars as part of an intrain wheelset replacement program at 

North Platte, Nebraska, and Roseville, 

California, without the need to also 

perform the SCABT as required, if the 

car has not received a SCABT within the 

previous 12 months. 

In this petition, UPRR requests to 

expand the scope of relief for in-train 

wheel replacement beyond the two 

current facilities to also include the 

South Morrill, Nebraska, facility. UPRR 

states that the original waiver and 

subsequent extensions have had no 

adverse effect on safety, and that UPRR 

has operated under the guidelines set 

forth in the waiver. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at www.regulations.gov. 

Follow the online instructions for 

submitting comments. 

Communications received by April 4, 

2022 will be considered by FRA before 

final action is taken. Comments received 

after that date will be considered if 

practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), the U.S. 

Department of Transportation (DOT) 

solicits comments from the public to 

better inform its processes. 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 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 


jspears on DSK121TN23PROD with NOTICES1
8922 Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Notices 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety 

Chief Safety Officer. 

[FR Doc. 2022–03288 Filed 2–15–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2022–0010] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on January 28, 2022, the Western 

Maryland Scenic Railroad (WMSX) 

petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR parts 215 (Railroad 

Freight Car Safety Standards) and 224 

(Reflectorization of Rail Freight Rolling 

Stock). FRA assigned the petition 

Docket Number FRA–2022–0010. 

Specifically, WMSX requested a 

special approval pursuant to 49 CFR 

215.203, Restricted cars, for a total of 6 

cars, comprised of 1 tank car (WMSX 

8959) and 5 coal hopper cars (WMSX 

806641, WMSX 823059, WMSX 823059, 

WMSX 834314, and WMSX 834623) 

that are or are approaching more than 50 

years from the date of original 

construction. WMSX also requests relief 

from 49 CFR 215.303, Stenciling of 

restricted cars, and 224.101, General 

requirements. WMSX seeks to operate 

the cars as historic artifacts in 

conjunction with, but not on, tourist 

and excursion trains. In support of its 

request, WMSX states that the relief 

would enable the cars to maintain 

historic integrity and that the cars 

would not exceed 10 miles per hour and 

not be interchanged. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by April 4, 

2022 will be considered by FRA before 

final action is taken. Comments received 

after that date will be considered if 

practicable. Anyone can search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), the U.S. Department of 

Transportation (DOT) solicits comments 

from the public to better inform its 

processes. 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 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2022–03287 Filed 2–15–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2022–0009] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on January 26, 2022, Cuyahoga 

Valley Scenic Railroad (CVSR) 

petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR 240.201, 

Implementation. FRA assigned the 

petition Docket Number FRA–2022– 

0009. 

Specifically, CVSR requests relief 

from § 240.201(d), which requires that 

only certified persons operate 

locomotives and trains. The relief would 

allow noncertified persons to pay a fee 

and operate a locomotive as part of a 

visitor experience program. CVSR states 

that this program would support the 

organization’s mission to provide 

educational, recreational, and heritage 

railroad experiences. In support of its 

petition, CVSR notes that the relief 

would only apply to persons 

participating in the program, and that 

participants would be 18 years of age or 

older and under the direct supervision 

of a certified and qualified locomotive 

engineer. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by April 4, 

2022 will be considered by FRA before 

final action is taken. Comments received 

after that date will be considered if 

practicable. Anyone can search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), the U.S. Department of 

Transportation (DOT) solicits comments 

from the public to better inform its 

processes. 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 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2022–03295 Filed 2–15–22; 8:45 am] 

BILLING CODE 4910–06–P 


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