Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 25079 

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 (up to 5 years) and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Background 

Current Regulatory Requirements 

The regulations in 49 CFR 383.3 

require that every individual operating 

a commercial motor vehicle (CMV) in 

interstate, foreign, or intrastate 

commerce hold a valid CDL. Under 49 

CFR 383.5, a CMV includes a motor 

vehicle or combination of motor 

vehicles used in commerce to transport 

passengers if the motor vehicle is a 

small vehicle that does not meet Group 

A or B requirements but is designed to 

transport 16 or more passengers, 

including the driver. 

Applicant’s Request 

The applicants requested an 

exemption from the CDL requirements 

for a driver operating empty passenger 

CMVs (‘‘minibuses’’) with seating 

capacities ranging from 6 to 33, and 

sometimes more. In all cases, however, 

the GVWR and GVW of these vehicles 

are less than 26,001 pounds. The 

applicants state that they have 

experienced challenges finding CDL 

drivers and that bus manufacturers may 

not be able to move minibuses to 

distributors and customers. 

IV. Method To Ensure an Equivalent or 

Greater Level of Safety 

To ensure an equivalent level of 

safety, the applicants emphasize that the 

drivers would transport empty 

passenger CMVs with a GVW less than 

26,001 pounds, would remain subject to 

the driver qualification standards in 49 

CFR part 391, and would hold a valid 

operators’ license. 

V. Public Comments 

On July 14, 2021, FMCSA published 

notice of the application and requested 

public comments (86 FR 37207). The 

Agency received comments from the 

Advocates for Highway and Auto Safety 

(Advocates) and an individual; both 

opposed the exemption request. 

Advocates stated: ‘‘The current 

application must be denied as it fails to 

meet the statutory requirements for such 

a petition and the exemptions sought 

would significantly degrade public 

safety. Notably, Petitioners fail to 

indicate any alternative solutions they 

have attempted to implement to address 

these issues before filing the current 

Application. The current application 

would result in a needless threat to 

public safety by permitting an untold 

number of CMVs to be transported by 

individuals without a valid CDL. This 

would be a drastic departure from 

current established federal regulations. 

Further, the applicant has failed to 

provide FMCSA with the required 

analysis and supporting information 

necessitated by statute and thus, should 

be denied.’’ The individual commenter 

stated that the applicant failed to 

mention the increased safety issues that 

come with driving larger and longer 

vehicles. 

VI. FMCSA Safety Analysis and 

Decision 

FMCSA has evaluated the joint 

application and the public comments 

and decided to deny the exemption. 

Driving a CMV requires a higher level of 

knowledge, experience, skills, and 

physical abilities than that required to 

drive a non-commercial vehicle. In 

order to obtain a CDL, an applicant must 

pass both skills and knowledge tests 

geared to these higher standards. 

Additionally, CDL holders are held to a 

higher standard when operating any 

type of motor vehicle on public roads. 

Serious traffic violations committed by 

a CDL holder can affect their ability to 

maintain their CDL certification. CDL 

operators must adhere to a strict and 

comprehensive set of regulations to 

keep themselves and other drivers safe 

on the road. 

As Advocates and the individual 

commenter indicated, the application 

does not meet the statutory 

requirements for such a petition, and 

the requested exemptions sought would 

significantly degrade public safety. An 

exemption from the CDL requirements 

in part 383 would also automatically 

exempt the drivers from the drug and 

alcohol testing regulations in 49 CFR 

part 382. The applicants do not provide 

countermeasures to be undertaken to 

ensure that the exemption would likely 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by the current regulations. 

Furthermore, the applicants fail to 

provide the required analysis and 

supporting information required by 

statute for submitting this application 

for exemption. 

The Agency cannot ensure that the 

exemption would achieve the requisite 

level of safety and therefore must deny 

the application. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–08936 Filed 4–26–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0083] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillators (ICDs) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from three individuals for 

an exemption from the prohibition in 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) against operation 

of a commercial motor vehicle (CMV) 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. If granted, the exemptions 

would enable these individuals with 

ICDs to operate CMVs in interstate 

commerce. 

DATES: Comments must be received on 

or before May 27, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket ID 

FMCSA–2022–0083 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2022–0083, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ 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, 


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25080 Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 

1These 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/CFR-2015-title49- 

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

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–2022–0083), 

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–2022–0083 in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ 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–2022–0083, 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. 

C. Privacy Act 

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

DOT solicits comments from the public 

to better inform its rulemaking 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 three individuals listed in this 

notice have requested an exemption 

from § 391.41(b)(4). 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 

found in § 391.41(b)(4) states that a 

person is physically qualified to drive a 

CMV if that person has no 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 cardiac 

failure. 

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 

advisory criteria states that ICDs are 

disqualifying due to risk of syncope. 

III. Qualifications of Applicants 

Timothy Broome 

Mr. Broome is a CMV driver in South 

Carolina. A January 18, 2022, letter from 

Mr. Broome’s cardiologist reports that 

his ICD was initially implanted in 

December 2004 for paroxysmal 

ventricular tachycardia. His 

cardiologist’s letter reports that on 

October 27, 2011, Mr. Broom’s ICD was 

explanted and replaced with a different 

model, and on August 13, 2019, that 

model was explanted and replaced with 

his current model. His letter also reports 

that Mr. Broome was treated in January 

2018 with a ventricular tachycardia 

ablation, that he has experienced no ICD 

shocks or therapies since December 

2017, his underlying heart condition is 

NYHA Class 1—functional status, he is 

asymptomatic, and his left ventricular 

ejection fraction was 25 to 30 percent on 

his last echocardiogram in 2018. 

Bryce Alyn Norman 

Mr. Norman of California does not 

operate but intends to operate a CMV if 

granted an exemption. A November 4, 

2021, letter from his cardiologist reports 

that Mr. Norman has catecholaminergic 

polymorphic ventricular tachycardia, 

that he had a cardiac arrest in 2019 and 

now has an ICD and is taking 

medication. The cardiologist’s letter 

states that he sees no contraindications 

for Mr. Norman to drive a CMV as long 

as he is compliant with his medication. 

A letter of March 9, 2022, from a second 

cardiologist provides the same 

diagnosis, stating that Mr. Norman has 

had no other events since 2019, his ICD 

has never deployed, he is asymptomatic, 

and his current heart condition is stable. 

Abiud Ortuno 

Mr. Ortuno is a CMV driver in the 

Florida. A February 18, 2022, letter from 

Mr. Ortuno’s cardiologist reports that an 

ICD was implanted in December 2020 

for Brugada syndrome. His cardiologist’s 

letter reports that Mr. Otuno has not 

experienced shocks from the device, 

that he has stable cardiac functioning, 


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Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 25081 

and indicates that that he may operate 

a CMV from a cardiac standpoint. 

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. 2022–08989 Filed 4–26–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0032] 

Commercial Driver’s License 

Standards: Application for Exemption; 

Daimler Trucks North America 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; 

granting of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant an exemption to 

Daimler Trucks North America 

(Daimler) for nine of its commercial 

motor vehicle (CMV) drivers, identified 

below. Under this exemption, the nine 

drivers are not subject to the 

commercial driver’s license (CDL) 

requirements and therefore are exempt 

from the requirements of the Agency’s 

drug and alcohol regulations. This 

exemption will permit the Daimler 

drivers to test-drive Daimler vehicles on 

U.S. roads to better understand product 

requirements in ‘‘real world’’ 

environments, and verify results. 

FMCSA reviewed the drivers’ 

commercial license records provided by 

Daimler, and believes the requirements 

for a German commercial license, the 

work restrictions imposed on Daimler 

drivers because of nonimmigrant visa 

requirements, and the terms and 

conditions set forth below will ensure 

that Daimler’s operation, under this 

exemption, will likely achieve a level of 

safety equivalent to or greater than the 

level that would be obtained in the 

absence of the exemption. 

DATES: The exemption is effective April 

27, 2022 and expires April 27, 2027. 

ADDRESSES: Docket: For access to the 

docket to read background documents 

or comments, go to www.regulations.gov 

at any time or visit 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente; FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; (202) 366–4325; MCPSD@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this notice as 

being available in the docket, go to 

www.regulations.gov and insert the 

docket number, ‘‘FMCSA–2012–0032’’ 

in the ‘‘Keyword’’ box and click 

‘‘Search.’’ Next, click the ‘‘Open Docket 

Folder’’ button and choose the 

document to review. 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, between 9 a.m. and 5 

p.m., ET, Monday through Friday, 

except Federal holidays. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain Federal Motor Carrier 

Safety Regulations. 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 Agency’s decision 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 (up to 5 years) and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Current Regulatory Requirements 

Under 49 CFR 383.23, no person 

subject to the CDL requirements shall 

operate a CMV unless such person has 

taken and passed certain knowledge and 

driving skills tests. Such drivers are also 

subject to the controlled substances and 

alcohol testing requirements of 49 CFR 

part 382, including the Drug and 

Alcohol Clearinghouse (Clearinghouse) 

requirements set forth in 49 CFR part 

382, subpart G. 

The Clearinghouse is a central 

repository of drivers’ drug and alcohol 

program violations. Under the 

Clearinghouse regulations in 49 CFR 

part 382, subpart G, employers are 

required to query the system to 

determine whether current and 

prospective employees have incurred a 

drug or alcohol program violation that 

would prohibit them from performing 

safety-sensitive functions as defined in 

49 CFR 382.107. Additionally, 

employers are required to report driver 

drug and alcohol program violations to 

the Clearinghouse. 

IV. Applicant’s Request 

Daimler has requested an exemption 

from 49 CFR 383.23, which states that 

no person may operate a CMV, as 

defined in 49 CFR 383.5, until passing 

the applicable knowledge and skills test 

necessary to obtain a Commercial 

Learner’s Permit (CLP) or CDL. Daimler 

further requested an exemption for the 

nine drivers from the Clearinghouse 

requirements of 49 CFR part 382, 

subpart G, stating that, for a driver to 

register and for a motor carrier to 

conduct full/limited queries and/or 

report violations to the Clearinghouse, a 

valid State-issued CDL number is 

required. 

The following drivers would be 

covered by the exemption: Manfred 

Wilhelm Guggolz, Thorsten Sascha 

Kugel, Steffen Keppeler, Lars Nock, Jorg 

Wolfgang Spielvogel, Frank-Michael 

Kircher, Jochen Hans Horwath, Dominik 

Cammerer, and Carsten Schewe. Each of 

these drivers has a valid German 

commercial license. The exemption 

would allow these nine drivers to 

operate CMVs in interstate commerce to 

support Daimler field tests to meet 

future vehicle safety and environmental 

regulatory requirements, and to promote 

the development of technology 

advancements in vehicle safety systems 

and emissions reductions. Daimler 


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