29430 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Notices 

Sean Moran 

Mr. Moran is a 26-year-old regular 

operator’s license holder in 

Massachusetts. He has a history of 

epilepsy and has been seizure free since 

2008. He takes anti-seizure medication 

with the dosage and frequency 

remaining the same since 2015. His 

physician states that he is supportive of 

Mr. Moran receiving an exemption. 

John Picken 

Mr. Picken is a 73-year-old class D 

license holder in Utah. He has a history 

of stroke aborted by tissue plasminogen 

activator and has been seizure free since 

2021. He does not take anti-seizure 

medication. His physician states that he 

is supportive of Mr. Picken receiving an 

exemption. 

Neil Southern 

Mr. Southern is a 63-year-old class R 

license holder in Colorado. He has a 

history of epilepsy and has been seizure 

free since 2013. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2013. His physician states that he is 

supportive of Mr. Southern receiving an 

exemption. 

Daniel Verduzco 

Mr. Verduzco is a 30-year-old class C 

license holder in California. He has a 

history of a single seizure and has been 

seizure free since 2016. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

2016. His physician states that he is 

supportive of Mr. Verduzco receiving an 

exemption. 

Charles Vicars 

Mr. Vicars is a 66-year-old class A 

license holder in Virginia. He has a 

history of epilepsy and has been seizure 

free since 1990. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2019. His physician states that he is 

supportive of Mr. Vicars receiving an 

exemption. 

Karl Wilson, Jr. 

Mr. Wilson is a 41-year-old class A 

license holder in Georgia. He has a 

history of seizures and has been seizure 

free since 2014. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2019. His physician states that he is 

supportive of Mr. Wilson receiving an 

exemption. 

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. 2022–10350 Filed 5–12–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0108; FMCSA– 

2013–0442; FMCSA–2013–0443; FMCSA– 

2014–0381; FMCSA–2015–0115; FMCSA– 

2015–0116; FMCSA–2015–0119; FMCSA– 

2015–0320; FMCSA–2015–0321; FMCSA– 

2017–0181; FMCSA–2017–0253; FMCSA– 

2017–0254; FMCSA–2018–0050; FMCSA– 

2018–0051; FMCSA–2019–0030; FMCSA– 

2019–0034; FMCSA–2019–0036; FMCSA– 

2019–0206; FMCSA–2019–0211; FMCSA– 

2019–0212; FMCSA–2020–0045; FMCSA– 

2020–0046] 

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 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 

continue to operate CMVs in interstate 

commerce. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates stated in 

the discussions below. Comments must 

be received on or before June 13, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2013–0108, Docket No. 

FMCSA–2013–0442, Docket No. 

FMCSA–2013–0443, Docket No. 

FMCSA–2014–0381, Docket No. 

FMCSA–2015–0115, Docket No. 

FMCSA–2015–0116, Docket No. 

FMCSA–2015–0119, Docket No. 

FMCSA–2015–0320, Docket No. 

FMCSA–2015–0321, Docket No. 

FMCSA–2017–0181, Docket No. 

FMCSA–2017–0253, Docket No. 

FMCSA–2017–0254, Docket No. 

FMCSA–2018–0050, Docket No. 

FMCSA–2018–0051, Docket No. 

FMCSA–2019–0030, Docket No. 

FMCSA–2019–0034, Docket No. 

FMCSA–2019–0036, Docket No. 

FMCSA–2019–0206, Docket No. 

FMCSA–2019–0211, Docket No. 

FMCSA–2019–0212, Docket No. 

FMCSA–2020–0045, or Docket No. 

FMCSA–2020–0046 using any of the 

following methods: 

Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2013–0108, FMCSA– 

2013–0442, FMCSA–2013–0443, 

FMCSA–2014–0381, FMCSA–2015– 

0115, FMCSA–2015–0116, FMCSA– 

2015–0119, FMCSA–2015–0320, 

FMCSA–2015–0321, FMCSA–2017– 

0181, FMCSA–2017–0253, FMCSA– 

2017–0254, FMCSA–2018–0050, 

FMCSA–2018–0051, FMCSA–2019– 

0030, FMCSA–2019–0034, FMCSA– 

2019–0036, FMCSA–2019–0206, 

FMCSA–2019–0211, FMCSA–2019– 

0212, FMCSA–2020–0045, or FMCSA– 

2020–0046 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. 


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Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Notices 29431 

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. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2013–0108, 

Docket No. FMCSA–2013–0442, Docket 

No. FMCSA–2013–0443, Docket No. 

FMCSA–2014–0381, Docket No. 

FMCSA–2015–0115, Docket No. 

FMCSA–2015–0116, Docket No. 

FMCSA–2015–0119, Docket No. 

FMCSA–2015–0320, Docket No. 

FMCSA–2015–0321, Docket No. 

FMCSA–2017–0181, Docket No. 

FMCSA–2017–0253, Docket No. 

FMCSA–2017–0254, Docket No. 

FMCSA–2018–0050, Docket No. 

FMCSA–2018–0051, Docket No. 

FMCSA–2019–0030, Docket No. 

FMCSA–2019–0034, Docket No. 

FMCSA–2019–0036, Docket No. 

FMCSA–2019–0206, Docket No. 

FMCSA–2019–0211, Docket No. 

FMCSA–2019–0212, Docket No. 

FMCSA–2020–0045, or Docket No. 

FMCSA–2020–0046), 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–2013–0108, FMCSA– 

2013–0442, FMCSA–2013–0443, 

FMCSA–2014–0381, FMCSA–2015– 

0115, FMCSA–2015–0116, FMCSA– 

2015–0119, FMCSA–2015–0320, 

FMCSA–2015–0321, FMCSA–2017– 

0181, FMCSA–2017–0253, FMCSA– 

2017–0254, FMCSA–2018–0050, 

FMCSA–2018–0051, FMCSA–2019– 

0030, FMCSA–2019–0034, FMCSA– 

2019–0036, FMCSA–2019–0206, 

FMCSA–2019–0211, FMCSA–2019– 

0212, FMCSA–2020–0045, or FMCSA– 

2020–0046 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–2013–0108, FMCSA– 

2013–0442, FMCSA–2013–0443, 

FMCSA–2014–0381, FMCSA–2015– 

0115, FMCSA–2015–0116, FMCSA– 

2015–0119, FMCSA–2015–0320, 

FMCSA–2015–0321, FMCSA–2017– 

0181, FMCSA–2017–0253, FMCSA– 

2017–0254, FMCSA–2018–0050, 

FMCSA–2018–0051, FMCSA–2019– 

0030, FMCSA–2019–0034, FMCSA– 

2019–0036, FMCSA–2019–0206, 

FMCSA–2019–0211, FMCSA–2019– 

0212, FMCSA–2020–0045, or FMCSA– 

2020–0046 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 32 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. 

IV. Basis for Renewing Exemptions 

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

and 31315(b), each of the 32 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition. The 32 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 


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29432 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Notices 

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. 

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

and 31315(b), the following groups of 

drivers received renewed exemptions in 

the month of May and are discussed 

below. 

As of May 15, 2022, and in 

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

31315(b), the following 29 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers: 

William Brown (NC) 

Frank Corino (NJ) 

Barry Dull (OH) 

Robert J. Forney (WI) 

Scott William Gessner (PA) 

Daniel Halstead (NV) 

Aaron Harms (MO) 

Matthew Heinen (MN) 

Logan Hertzler (PA) 

Brian Johnson (MN) 

Preston R. Kanagy (TN) 

Kenneth L. Lewis (NC) 

Larry Lintelman (AK) 

Kevin Market (OH) 

Shane W. Martinek (OK) 

Jeffrey Mills (NC) 

Gary Olsen (MN) 

Randy Pinto (PA) 

Matthew Scarlata (NY) 

Steven Shirley (UT) 

Chad Smith (MA) 

Alvin Strite (PA) 

Jeffrey Totten (KS) 

Paul Vitous (WA) 

Thomas B. Vivirito (PA) 

Mohammad S. Warrad (IA) 

Richard J. Wenner (MN) 

Michael R. Weymouth (NH) 

Dennis R. Zayic (MN) 

The drivers were included in docket 

number FMCSA–2013–0108, FMCSA– 

2013–0442, FMCSA–2014–0381, 

FMCSA–2015–0115, FMCSA–2015– 

0116, FMCSA–2015–0119, FMCSA– 

2015–0320, FMCSA–2015–0321, 

FMCSA–2017–0181, FMCSA–2017– 

0253, FMCSA–2017–0254, FMCSA– 

2018–0050, FMCSA–2019–0030, 

FMCSA–2019–0034, FMCSA–2019– 

0036, FMCSA–2019–0206, FMCSA– 

2019–0211, FMCSA–2019–0212, 

FMCSA–2020–0045, or FMCSA–2020– 

0046. Their exemptions are applicable 

as of May 15, 2022 and will expire on 

May 15, 2024. 

As of May 19, 2022, and in 

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

31315(b), the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers: 

Ronald Hartl (WI) and Michael Miller 

(WI). 

The drivers were included in docket 

number FMCSA–2013–0443. Their 

exemptions are applicable as of May 19, 

2022 and will expire on May 19, 2024. 

As of May 30, 2022, and in 

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

31315(b), Nathan Kanouff (GA) has 

satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers. 

This driver was included in docket 

number FMCSA–2018–0051. The 

exemption is applicable as of May 30, 

2022 and will expire on May 30, 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 32 

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. 2022–10277 Filed 5–12–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0031] 

Establishment of the Corridor 

Identification and Development 

Program 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of establishment; request 

for expressions of interest. 

SUMMARY: On November 15, 2021, 

President Biden signed into law the 

Infrastructure Investment and Jobs Act, 

also known as the Bipartisan 

Infrastructure Law (BIL), which requires 

the Secretary of Transportation 

(Secretary) to establish a Corridor 

Identification and Development 

program to facilitate the development of 

intercity passenger rail corridors within 

180 days of enactment. In compliance 

with this directive, by this Notice, FRA 

is establishing the Corridor 

Identification and Development 

program. 

ADDRESSES: See the SUPPLEMENTARY

INFORMATION section for further 

information regarding submitting 

expressions of interest to docket number 

FRA–2022–0031. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact Peter 

Schwartz, Chief, Project Engineering 

and Transportation Planning Division, 

by email: PaxRailDev@dot.gov or by 

telephone: 202–493–6360. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Supplementary 

Information 

I. Executive Summary 

II. Federal Role in Intercity Passenger Rail 

Service Development 

III. Statutory Overview 


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