Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices 16547 

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. 

insufficient data to enable the Agency to 

conclude that granting these exemptions 

would achieve a level of safety 

equivalent to, or greater than, the level 

of safety maintained without the 

exemption. Therefore, the following 

applicants have been denied an 

exemption from the physical 

qualification standards in § 391.41(b)(4): 

Rosie A. Byrd (TX) 

Thomas Jacobs (NY) 

Lee Latin (NC) 

Wayne Pimpare (ME) 

Bradley Plunket (IL) 

The applicants have, prior to this 

notice, received a letter of final 

disposition regarding their exemption 

request. The decision letter fully 

outlined the basis for the denial and 

constitute final action by the Agency. 

The names of these individuals 

published today summarizes the 

Agency’s recent denials as required 

under 49 U.S.C. 31315(b)(4). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–06120 Filed 3–22–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2021–0026] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 32 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 operate CMVs in 

interstate commerce. 

DATES: The exemptions were applicable 

on March 15, 2022. The exemptions 

expire on March 15, 2024. 

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. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2021–0026, 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 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 February 3, 2022, FMCSA 

published a notice announcing receipt 

of applications from 32 individuals 

requesting an exemption from the 

epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8) and 

requested comments from the public (87 

FR 6231). The public comment period 

ended on March 7, 2022, and four 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting exemptions to these 

individuals would achieve a level of 

safety equivalent to, or greater than, the 

level that would be achieved by 

complying with § 391.41(b)(8). 

The physical qualification standard 

for drivers regarding epilepsy found in 

§ 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 (MEs) in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

III. Discussion of Comments 

FMCSA received four comments in 

this proceeding. Of the four comments 

received, three were in support of 

Callon Hegman’s seizure exemption 

application and one was in support of 

Shaen Smith’s seizure exemption 

application. 

IV. 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. 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 Agency’s decision regarding these 

exemption applications is based on the 

2007 recommendations of the Agency’s 

Medical Expert Panel. The Agency 

conducted an individualized assessment 

of each applicant’s medical information, 

including the root cause of the 

respective seizure(s) and medical 

information about the applicant’s 

seizure history, the length of time that 

has elapsed since the individual’s last 

seizure, the stability of each individual’s 

treatment regimen and the duration of 

time on or off of anti-seizure 

medication. In addition, the Agency 

reviewed the treating clinician’s 

medical opinion related to the ability of 

the driver to safely operate a CMV with 

a history of seizure and each applicant’s 

driving record found in the commercial 

driver’s license Information System for 

commercial driver’s license (CDL) 

holders, and interstate and intrastate 

inspections recorded in the Motor 

Carrier Management Information 

System. For non-CDL holders, the 

Agency reviewed the driving records 


jspears on DSK121TN23PROD with NOTICES1
16548 Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices 

from the State Driver’s Licensing 

Agency. A summary of each applicant’s 

seizure history was discussed in the 

February 3, 2022, Federal Register 

notice (87 FR 6231) and will not be 

repeated in this notice. 

These 32 applicants have been 

seizure-free over a range of 2 to 37 years 

while taking anti-seizure medication 

and maintained a stable medication 

treatment regimen for the last 2 years. In 

each case, the applicant’s treating 

physician verified his or her seizure 

history and supports the ability to drive 

commercially. 

The Agency acknowledges the 

potential consequences of a driver 

experiencing a seizure while operating a 

CMV. However, the Agency believes the 

drivers granted this exemption have 

demonstrated that they are unlikely to 

have a seizure and their medical 

condition does not pose a risk to public 

safety. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the epilepsy and seizure disorder 

prohibition in § 391.41(b)(8) is likely to 

achieve a level of safety equal to that 

existing without the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (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. 

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 32 

exemption applications, FMCSA 

exempts the following drivers from the 

epilepsy and seizure disorder 

prohibition, § 391.41(b)(8), subject to the 

requirements cited above: 

Andrew Anzalone (MA) 

Anthony Cavaliere (NY) 

Shane Chacon (ID) 

Brad Crawford (LA) 

Michael Davee (CA) 

Callon Hegman (MO) 

Jacob Hitchcock (IA) 

Holly Hobert (NE) 

Gary Johnson (MO) 

Gregory Johnson (NC) 

Lance Johnson (TN) 

Alan Keil (HI) 

Kim Langan (CA) 

Armando Macias-Tovar (FL) 

Christian Mandahl (MT) 

Joseph Mendoza (IN) 

Edna Merritt (TN) 

Richard Packer (ID) 

Alexander Paradis (RI) 

Steven Paul (WI) 

Kevin Podman (IL) 

Michael Reimer (CA) 

Richard Riley (IA) 

Charles Rivet (IA) 

Brian Runk (PA) 

Lucas Schmidt (NY) 

Bradley Scruggs (CA) 

Kacen Schaffer (CO) 

Shaen Smith (MN) 

Kip West (CO) 

Derek Wettstein (TX) 

Jeremy Williams (MS) 

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. 2022–06118 Filed 3–22–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

Agency Information Collection 

Activities; Proposed Renewal; 

Comment Request; Renewal Without 

Change of the Report of International 

Transportation of Currency or 

Monetary Instruments; FinCEN Report 

105 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork and respondent 

burden, FinCEN invites comments on 

the proposed renewal, without change, 

of a currently approved information 

collection found in existing Bank 

Secrecy Act regulations. Specifically, 

FinCEN invites comments on a renewal, 

without change, of existing information 

collection requirements for the Report of 

International Transportation of 

Currency or Monetary Instruments 

(CMIR). Although no changes are 

proposed to the information collection 

itself, this request for comments covers 

a proposed updated burden estimate for 

the information collection. This request 

for comments is made pursuant to the 

Paperwork Reduction Act of 1995 

(PRA). 

DATES: Written comments are welcome, 

and must be received on or before May 

23, 2022. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal E-rulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Refer to Docket Number FINCEN–2022– 

0006 and the specific Office of 

Management and Budget (OMB) control 

numbers 1506–0014. 

• Mail: Policy Division, Financial 

Crimes Enforcement Network, P.O. Box 

39, Vienna, VA 22183. Refer to Docket 

Number FINCEN–2022–0006 and OMB 

control number 1506–0014. 

Please submit comments by one 

method only. Comments will be 

reviewed consistent with the Paperwork 

Reduction Act of 1995 and applicable 

OMB regulations and guidance. 

Comments submitted in response to this 

notice will become a matter of public 

record. Therefore, you should submit 

only information that you wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: The 

FinCEN Regulatory Support Section at 

1–800–767–2825 or electronically at 

frc@fincen.gov. 

SUPPLEMENTARY INFORMATION: 

I. Statutory and Regulatory Provisions 

The legislative framework generally 

referred to as the Bank Secrecy Act 

(BSA) consists of the Currency and 

Financial Transactions Reporting Act of 

1970, as amended by the Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept 

and Obstruct Terrorism Act of 2001 

(USA PATRIOT Act), Public Law 107– 

56 (October 26, 2001), and other 


jspears on DSK121TN23PROD with NOTICES1