19174 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Notices 

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 14 individuals listed in this 

notice have requested an exemption 

from the hearing requirement in 49 CFR 

391.41(b)(11). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

the exemption will achieve the required 

level of safety mandated by statute. 

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). 

On February 1, 2013, FMCSA 

announced in a Notice of Final 

Disposition titled, ‘‘Qualification of 

Drivers; Application for Exemptions; 

National Association of the Deaf,’’ (78 

FR 7479), its decision to grant requests 

from 40 individuals for exemptions 

from the Agency’s physical qualification 

standard concerning hearing for 

interstate CMV drivers. Since that time 

the Agency has published additional 

notices granting requests from hard of 

hearing and deaf individuals for 

exemptions from the Agency’s physical 

qualification standard concerning 

hearing for interstate CMV drivers. 

III. Qualifications of Applicants 

Ryheem Brown 

Mr. Brown, 31, holds a class C license 

in Texas. 

Kevin Cooley 

Mr. Cooley, 47, holds a class D license 

in Montana. 

Adrian Cortez 

Mr. Cortez, 40, holds a class D license 

in New Mexico. 

Michael Cover 

Mr. Cover, 40, holds a regular 

operator’s license in Michigan. 

Gregory Crane 

Mr. Crane, 53, holds a class D license 

in Arizona. 

Stephen Daniels 

Mr. Daniels, 61, holds a class A 

license in Kansas. 

Daniel Darnall 

Mr. Darnall, 50, holds a class O 

license in Nebraska. 

Adam Day 

Mr. Day, 40, holds a class E license in 

Florida. 

Michael Derenick 

Mr. Derenick, 33, holds a class C 

license in Pennsylvania. 

Gabriel Garza 

Mr. Garza, 28, holds a class C license 

in Texas. 

Scott Gentry 

Mr. Gentry, 49, holds a class E license 

in Florida. 

Rod Lagasse 

Mr. Lagasse, 54, holds a class D 

license in New York. 

Robert Rollins 

Mr. Rollins, 51, holds a class A CDL 

in North Carolina. 

John Statler 

Mr. Statler, 44, holds a class R license 

in Colorado. 

IV. Request for Comments 

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

and 31315(b), FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

under the DATES section of the notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–06860 Filed 3–31–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0085] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillator (ICD) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny the applications from 

three individuals treated with an ICD 

who requested an exemption from the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) prohibiting 

operation of a commercial motor vehicle 

(CMV) in interstate commerce by 

persons with a current clinical diagnosis 

of myocardial infarction, angina 

pectoris, coronary insufficiency, 

thrombosis, or any other cardiovascular 

disease of a variety known to be 

accompanied by syncope (transient loss 

of consciousness), dyspnea (shortness of 

breath), collapse, or congestive heart 

failure. 

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–2021–0085, 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. 


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Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Notices 19175 

1The report is available on the internet at https:// 

rosap.ntl.bts.gov/view/dot/16462. 

2These criteria may be found in 49 CFR part 391, 

APPENDIX A TO PART 391—MEDICAL 

ADVISORY CRITERIA, section D. Cardiovascular: 

§ 391.41(b)(4), paragraph 4, which is available on 

the internet at https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5- 

part391-appA.pdf. 

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 July 28, 2021, FMCSA published 

a Federal Register notice (86 FR 40677) 

announcing receipt of applications from 

three individuals treated with ICDs and 

requested comments from the public. 

The individuals requested an exemption 

from 49 CFR 391.41(b)(4) which 

prohibits operation of a CMV in 

interstate commerce by persons with a 

current clinical diagnosis of myocardial 

infarction, angina pectoris, coronary 

insufficiency, thrombosis, or any other 

cardiovascular disease of a variety 

known to be accompanied by syncope, 

dyspnea, collapse, or congestive heart 

failure. The public comment period 

closed on August 27, 2021, and eight 

comments were received. 

FMCSA has evaluated the eligibility 

of the applicants and concluded that 

granting an exemption 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)(4). A 

summary of each applicant’s medical 

history related to their ICD exemption 

request was discussed in the July 28, 

2021, Federal Register notice and will 

not be repeated here. 

The Agency’s decision regarding this 

exemption application is based on 

information from the Cardiovascular 

Medical Advisory Criteria, an April 

2007 evidence report titled 

‘‘Cardiovascular Disease and 

Commercial Motor Vehicle Driver 

Safety,’’ 1 and a December 2014 focused 

research report titled ‘‘Implantable 

Cardioverter Defibrillators and the 

Impact of a Shock in a Patient When 

Deployed.’’ Copies of these reports are 

included in the docket. 

FMCSA has published advisory 

criteria to assist medical examiners in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce.2 The advisory criteria for 

§ 391.41(b)(4) indicates that coronary 

artery bypass surgery and pacemaker 

implantation are remedial procedures 

and thus, not medically disqualifying. 

ICDs are disqualifying due to risk of 

syncope. 

III. Discussion of Comments 

FMCSA received eight comments in 

this proceeding. Each of the eight 

comments supported Mr. Willard 

Drysdale’s request for an ICD 

exemption. Mr. Drysdale’s cardiologist 

stated that the chance of Mr. Drysdale 

experiencing an appropriate ICD 

discharge in the next 5 years is 

approximately 2 to 3 percent. Mr. 

Drysdale’s cardiac rehabilitation 

program attested to his excellent 

progress with his rehabilitation and 

maintenance program and noted that he 

was asymptomatic during his 

rehabilitation. The Minnesota 

Department of Public Safety commented 

that it has no objection to Mr. Drysdale’s 

exemption request. Four private citizens 

familiar with Mr. Drysdale, attested to 

his years of successful CMV driving 

experience, his good physical condition, 

and that his ICD has not discharged 

since it was implanted. One of the four 

private citizens also commented on each 

key question in the April 2007 and 

December 2014 ICD Evidence Reports 

regarding how they relate to Mr. 

Drysdale’s circumstances and his ICD 

exemption request. Regarding the April 

2007 report, the commenter’s opinion 

was that for two of the most relevant 

studies, one was done in Canada where 

ICDs are not addressed, and that the 

other study did not find evidence 

supporting the contention that CMV 

drivers are at an increased risk for a 

crash in a motor vehicle. The 

commenter further opined that the 

study was very limited and therefore the 

commenter believed a more 

comprehensive and current study 

should be implemented. The commenter 

noted with respect to the key questions 

in the December 2014 report, that Mr. 

Drysdale’s ICD had never discharged 

and offered that Mr. Drysdale would be 

willing to participate in a group study 

involving ICDs if granted an exemption. 

The applicant, Mr. Drysdale also 

commented and questioned why he is 

not permitted to cross state lines and go 

more than 150 miles with a CMV yet is 

permitted to drive across the State of 

Minnesota to deliver exempt 

agricultural commodities. 

FMCSA evaluates each ICD 

exemption application received to 

determine whether an equivalent or 

greater level of safety can be achieved 

by the applicant. FMCSA acknowledges 

that the existing evidence is not 

conclusive concerning the impact of ICD 

treatment on the safe operation of CMVs 

and that more studies are needed prior 

to permitting individuals with ICDs to 

operate CMVs in interstate commerce. 

Regarding Mr. Drysdale’s comments, the 

provisions referenced are handled under 

two separate sections in the FMCSRs. 

Specifically, transportation of 

agricultural commodities is handled 

under § 390.39 and does not require the 

driver to have a physical qualification 

examination, meet the physical 

qualification standards in § 391.41(b)(1) 

through (13), and receive a Medical 

Examiner’s Certificate, Form MCSA– 

5876. 

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 Agency’s decision regarding these 

exemption applications is based on an 

individualized assessment of the 

applicants’ medical information, 

available medical and scientific data 

concerning ICDs, and any relevant 

public comments received. 

In the case of persons with ICDs, the 

underlying condition for which the ICD 

was implanted places the individual at 

high risk for syncope or other 

unpredictable events known to result in 

gradual or sudden incapacitation. ICDs 

may discharge, which could result in 

loss of ability to safely control a CMV. 

The December 2014 focused research 

report referenced previously upholds 

the findings of the April 2007 report and 

indicates that the available scientific 

data on persons with ICDs and CMV 

driving does not support that persons 

with ICDs who operate CMVs are able 

to meet an equal or greater level of 

safety. 

V. Conclusion 

The Agency has determined that the 

available medical and scientific 

literature and research provides 

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 

three applicants have been denied an 

exemption from the physical 

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


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19176 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Notices 

1Access to the web-based form used by the public 

is unrestricted. Access to the web-based form used 

by law enforcement personnel is restricted to law 

enforcement personnel with usernames and 

passwords managed by FRA. 

2The data collection is not designed to provide 

a representative sample or create generalizable 

statistics. Additionally, the data gathered from this 

collection is not suitable for use in budgetary 

requests or regulatory proposals. 

3The average time per response will be remain at 

3 minutes per response since the modification made 

under BIL requirement is de minimis. 

Willard Drysdale (MN) 

William Edwards (NY) 

Francisco Garcia (NJ) 

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 in this notice 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. 2022–06863 Filed 3–31–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0002–N–4] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), U.S. Department 

of Transportation (DOT). 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: Under the Paperwork 

Reduction Act of 1995 (PRA) and its 

implementing regulations, FRA seeks 

approval of the Information Collection 

Request (ICR) abstracted below. Before 

submitting this ICR to the Office of 

Management and Budget (OMB) for 

approval, FRA is soliciting public 

comment on specific aspects of the 

activities identified in the ICR. 

DATES: Interested persons are invited to 

submit comments on or before May 31, 

2022. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be submitted on regulations.gov 

to the docket, Docket No. FRA–2022– 

0002. All comments received will be 

posted without change to the docket, 

including any personal information 

provided. Please refer to the assigned 

OMB control number in any 

correspondence submitted. FRA will 

summarize comments received in 

response to this notice in a subsequent 

notice and include them in its 

information collection submission to 

OMB for approval. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Hodan Wells, Information Collection 

Clearance Officer, at email: 

hodan.wells@dot.gov or telephone: (202) 

493–0440. 

SUPPLEMENTARY INFORMATION: The PRA, 

44 U.S.C. 3501–3520, and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to 

provide 60-days’ notice to the public to 

allow comment on information 

collection activities before seeking OMB 

approval of the activities. See 44 U.S.C. 

3506, 3507; 5 CFR 1320.8 through 

1320.12. Specifically, FRA invites 

interested parties to comment on the 

following ICR regarding: (1) Whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

activities will have practical utility; (2) 

the accuracy of FRA’s estimates of the 

burden of the information collection 

activities, including the validity of the 

methodology and assumptions used to 

determine the estimates; (3) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (4) ways for FRA to 

minimize the burden of information 

collection activities on the public, 

including the use of automated 

collection techniques or other forms of 

information technology. See 44 U.S.C. 

3506(c)(2)(A); 5 CFR 1320.8(d)(1). 

FRA believes that soliciting public 

comment may reduce the administrative 

and paperwork burdens associated with 

the collection of information that 

Federal regulations mandate. In 

summary, FRA reasons that comments 

received will advance three objectives: 

(1) Reduce reporting burdens; (2) 

organize information collection 

requirements in a ‘‘user-friendly’’ format 

to improve the use of such information; 

and (3) accurately assess the resources 

expended to retrieve and produce 

information requested. See 44 U.S.C. 

3501. 

The summary below describes the ICR 

that FRA will submit for OMB clearance 

as the PRA requires: 

Title: Inquiry into Blocked HighwayRail Grade Crossings throughout the 

United States. 

OMB Control Number: 2130–0630. 

Abstract: In 2020, FRA created a 

dedicated website allowing the public 

and law enforcement personnel to use 

web-based forms to voluntarily submit 

information about blocked crossings to 

FRA.1 Under the currently approved 

information collection request, users 

provide information regarding the 

location, date, time, duration, and 

immediate impacts of highway-rail 

grade crossings blocked by slow-moving 

or stationary trains. FRA uses the data 

collected to gain a more complete 

picture of where, when, for how long, 

and what impacts result from reported 

blocked crossing incidents.2

Additionally, FRA uses the information 

to respond to congressional inquiries so 

that congressional staff can respond to 

their constituents. Furthermore, FRA 

uses the information gathered to 

facilitate meetings, outreach, and other 

solutions for stakeholders to reduce or 

eliminate blocked crossing concerns. 

Upon accessing these web-based 

forms, users are notified there are no 

Federal laws or regulations that 

specifically address the length of time a 

train may occupy a highway-rail grade 

crossing. Users are also notified that 

information submitted will not be 

forwarded to a railroad, State, or local 

agency, and will only being used for 

data collection purposes to determine 

the locations, times, and impacts of 

blocked crossings. 

On November 15, 2021, the 

Infrastructure Investment and Jobs Act 

of 2021 (Pub. L. 117–58) ‘‘Bipartisan 

Infrastructure Law (BIL)’’ was enacted. 

In addition to mandating that FRA 

establish an online portal and 

corresponding database to receive 

information regarding blocked highwayrail grade crossings, section 22404 of 

BIL ‘‘encourages each complainant to 

report the blocked crossing to the 

relevant railroad.’’ Therefore, in 

preparation for this new statutory 

mandate, FRA proposes to modify the 

existing web-based forms by adding one 

question, ‘‘have you contacted the 

railroad?’’ Otherwise, the rest of the 

questions on the web-based forms will 

remain the same.3

Currently, there are no Federal laws 

or regulations that specifically address 

how long a train may occupy a crossing, 

whether stationary or operating at slow 

speeds. Some States and local 

municipalities have laws that vary in 

how long trains are permitted to occupy 

crossings. 

There are potential safety concerns 

with crossings that are blocked by 

trains. For instance, pedestrians may 

crawl under or through stationary trains. 

Also, emergency response vehicles and 

first responders may be delayed when 

responding to an incident or 

transporting persons to a hospital. In 

addition, drivers may take more risks, 

such as driving around lowered gates at 


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