Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Notices 8919 

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 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. 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.dot.gov/privacy. 

II. Background 

On January 10, 2022, FMCSA 

published a notice announcing its 

decision to renew exemptions for 17 

individuals from the hearing standard in 

49 CFR 391.41(b)(11) to operate a CMV 

in interstate commerce and requested 

comments from the public (87 FR 1248). 

The public comment period ended on 

February 9, 2022, and no comments 

were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

renewing these exemptions would 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by complying with 

§ 391.41(b)(11). 

The physical qualification standard 

for drivers regarding hearing found in 

§ 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). 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based upon its evaluation of the 17 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following drivers from the 

hearing requirement in § 391.41 (b)(11). 

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

and 31315(b), the following groups of 

drivers received renewed exemptions in 

the month of January and are discussed 

below: 

As of January 6, 2022, and in 

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

31315(b), the following four individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (87 FR 1248): 

Steven Andrews (FL) 

John Brown (MN) 

Jerry Doose (MN) 

Donald Howton (AL) 

The drivers were included in docket 

numbers FMCSA–2015–0326, FMCSA– 

2015–0329, or FMCSA–2017–0058. 

Their exemptions were applicable as of 

January 6, 2022 and will expire on 

January 6, 2024. 

As of January 8, 2022, and in 

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

31315(b), the following three 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement in the 

FMCSRs for interstate CMV drivers (87 

FR 1248): 

Matthew Burgoyne (MN) 

Joshua Gelona (OK) 

Eduardo Pedregal (TX) 

The drivers were included in docket 

number FMCSA–2016–0003. Their 

exemptions were applicable as of 

January 8, 2022 and will expire on 

January 8, 2024. 

As of January 14, 2022, and in 

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

31315(b), the following five individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (87 FR 1248): 

Geoffrey Canoyer (MN) 

Chase Cooke (VA) 

Douglas Gray (OR) 

Sue Gregory (UT) 

Morris Townsend (NC) 

The drivers were included in docket 

numbers FMCSA–2012–0154, FMCSA– 

2013–0122, FMCSA–2013–0123, or 

FMCSA–2017–0058. Their exemptions 

were applicable as of January 14, 2022 

and will expire on January 14, 2024. 

As of January 21, 2022, and in 

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

31315(b), the following five individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (87 FR 1248): 

Herman Fleck (PA) 

Mark Merrow (MI) 

Jodyann Nipper (IA) 

Michael Steffen (IN) 

Sherrie Willey (WA) 

The drivers were included in docket 

number FMCSA–2019–0111. Their 

exemptions were applicable as of 

January 21, 2022 and will expire on 

January 21, 2024. 

In accordance with 49 U.S.C. 

31315(b), 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; (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 49 U.S.C. 31136(e) and 

31315(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–03351 Filed 2–15–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0106; 

FMCSA–2015–0017; FMCSA–2015–0320; 

FMCSA–2018–0058; FMCSA–2019–0036; 

FMCSA–2019–0206; FMCSA–2019–0210] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

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 eight 

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 

continue to operate CMVs in interstate 

commerce. 

DATES: The exemptions are applicable 

on February 19, 2022. The exemptions 

expire on February 19, 2024. Comments 

must be received on or before March 18, 

2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 


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8920 Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Notices 

1These criteria may be found in APPENDIX A TO 

PART 391—MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, 

and 5, which is available on the internet at https:// 

www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ 

CFR-2015-title49-vol5-part391-appA.pdf. 

Management System (FDMS) Docket No. 

FMCSA–2013–0106, Docket No. 

FMCSA–2015–0017, Docket No. 

FMCSA–2015–0320, Docket No. 

FMCSA–2018–0058, Docket No. 

FMCSA–2019–0036, Docket No. 

FMCSA–2019–0206, or Docket No. 

FMCSA–2019–0210 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2013–0106, FMCSA– 

2015–0017, FMCSA–2015–0320, 

FMCSA–2018–0058, FMCSA–2019– 

0036, FMCSA–2019–0206, or FMCSA– 

2019–0210 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 

20590–0001 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, 

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–2013–0106, 

Docket No. FMCSA–2015–0017, Docket 

No. FMCSA–2015–0320, Docket No. 

FMCSA–2018–0058, Docket No. 

FMCSA–2019–0036, Docket No. 

FMCSA–2019–0206, or Docket No. 

FMCSA–2019–0210), 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–2013–0106, FMCSA– 

2015–0017, FMCSA–2015–0320, 

FMCSA–2018–0058, FMCSA–2019– 

0036, FMCSA–2019–0206, or FMCSA– 

2019–0210 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–2013–0106, FMCSA– 

2015–0017, FMCSA–2015–0320, 

FMCSA–2018–0058, FMCSA–2019– 

0036, FMCSA–2019–0206, or FMCSA– 

2019–0210 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 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. 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.dot.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 epilepsy found in 

49 CFR 391.41(b)(8) states 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. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist Medical Examiners in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

The eight individuals listed in this 

notice have requested renewal of their 

exemptions from the epilepsy and 

seizure disorders prohibition in 

§ 391.41(b)(8), 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. 


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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/ 


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