Qualification of Drivers; Exemption Applications; Vision, 3169-3170 [2022-01015]

Download as PDF Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices is equivalent to, or greater than, the level of safety achieved without the exemption. FMCSA acknowledges the concerns of FHP and CVSA that flashing, rotating, or pulsating red lamps are generally permitted only on emergency vehicles. FMCSA notes that police and other State-authorized emergency vehicles utilize high intensity, constantly flashing, rotating, or pulsating red lamps visible from all directions on the vehicle and that continuously operate when activated. The amber or red brakeactivated pulsating lamps requested by Waste Management are visible only to the rear of their vehicles and are similar in lamp intensity and flash rate of the vehicle’s standard rear hazard warning lamps system currently allowed by the regulations. FMCSA believes that the FMCSA and NHTSA research programs that demonstrated the ability of alternative rear signaling systems to reduce the frequency and severity of rear-end crashes are sufficient to conclude that the implementation of red or amber brake-activated pulsating lamps in the upper center position or in an upper dual outboard position on the rear of their vehicles, in addition to the steady-burning brake lamps required by the regulations, is likely to provide a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. lotter on DSK11XQN23PROD with NOTICES1 Terms and Conditions for the Exemption 17:16 Jan 19, 2022 Jkt 256001 Preemption In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. Meera Joshi, Deputy Administrator. [FR Doc. 2022–01023 Filed 1–19–22; 8:45 am] BILLING CODE 4910–EX–P The Agency hereby grants the exemption for a 5-year period, beginning January 20, 2022 and ending January 20, 2027. During the temporary exemption period, Waste Management’s operating companies will be allowed to replace the high-mounted brake lights on their owned and operated fleets of heavy-duty refuse and support trucks and will be allowed to install a red or amber brake-activated pulsating lamp in the upper center position or in an upper dual outboard position on the rear of their owned and operated fleets of heavy-duty refuse and support trucks in addition to the steady-burning brake lamps required by the FMCSRs. The exemption will be valid for 5 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) Waste Management 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). VerDate Sep<11>2014 Interested parties possessing information that would demonstrate that Waste Management’s 106 operating companies’ owned and operated fleets of heavy-duty refuse and support trucks with red or amber brake-activated pulsating lamps positioned in the upper center position, or in an upper dual outboard position, in addition to the steady burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSRs) is not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any such information and, if safety is being compromised or if the continuation of the exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the exemption. DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2022–0011] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of denials. AGENCY: FMCSA announces its decision to deny applications from 33 individuals who requested an exemption from the vision standard in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a CMV in interstate commerce. 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 SUMMARY: PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 3169 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–2022–0011, 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 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 FMCSA received applications from 33 individuals who requested an exemption from the vision standard in the FMCSRs. FMCSA has evaluated the eligibility of these applicants and concluded that granting these exemptions 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)(10). III. 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. FMCSA grants 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 E:\FR\FM\20JAN1.SGM 20JAN1 3170 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Notices medical reports about the applicants’ vision, as well as their driving records and experience driving with the vision deficiency. lotter on DSK11XQN23PROD with NOTICES1 IV. Conclusion The Agency has determined that these applicants do not satisfy the eligibility criteria or meet the terms and conditions of the Federal exemption and granting these exemptions 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)(10). Therefore, the 33 applicants in this notice have been denied exemptions from the physical qualification standards in § 391.41(b)(10). Each applicant has, prior to this notice, received a letter of final disposition regarding his/her exemption request. Those decision letters fully outlined the basis for the denial and constitute final action by the Agency. This notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following two applicants did not have sufficient driving experience over the past 3 years under normal highway operating conditions: Lawrence L. Pedro (OR); and Johnnie E. Washington (CT) The following 24 applicants had no experience operating a CMV: Le’Sean S. Auguste (TX) Jody D. Bennett (UT) Joseph C. Carpenter (CA) Richard E. Clemens (IL) Vincent N. Crescenzo (NY) Paul A. Davis (PA) Efrain Gonzalez (TX) Lawrence E. Grant (NH) Brian J. Hall (MT) Christopher S. Lambert (AR) David Paul Mason (FL) Courtney C. McFall (IL) Louis L. Miller (KS) Collin Mitchell (NY) Jorge A. Pichardo (NC) Henok G. Reda (WA) Kathleen A. Santos (ME) Domenic J. Scioletti (MA) Randy J. Shackelton (NC) Kenneth L. Storey (IN) James H. Townsend (OH) Jonathan O. Umanzor Serpas (MD) Charles D. Vonschriltz (OK) Patrick D. Woodward (NM) The following three applicants did not have 3 years of experience driving a CMV on public highways with their vision deficiencies: Robert A. Freece (OR); James P. Gritz (PA); and Terry L. Kirstein (TX) VerDate Sep<11>2014 17:16 Jan 19, 2022 Jkt 256001 The following applicant, Robert J. Stewart (CO), did not have 3 years of recent experience driving a CMV on public highways with their vision deficiencies. The following applicant, Richard E. Hadler (MN), did not hold a license which allowed operation of vehicles over 26,000 lbs. The following two applicants drove interstate while restricted to intrastate driving: Shane E. Finnerud (WI); and David A. Swan (IL) Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2022–01015 Filed 1–19–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency FEDERAL RESERVE SYSTEM FEDERAL DEPOSIT INSURANCE CORPORATION Proposed Agency Information Collection Activities: Comment Request Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board); and Federal Deposit Insurance Corporation (FDIC). ACTION: Joint notice and request for comment. AGENCY: In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the OCC, the Board, and the FDIC (the agencies) may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The Federal Financial Institutions Examination Council (FFIEC), of which the agencies are members, has approved the agencies’ publication for public comment of a proposal to revise and extend the Country Exposure Report (FFIEC 009) and the Country Exposure Information Report (FFIEC 009a), which are currently approved collections of information. The revisions to the FFIEC 009 and the FFIEC 009a are proposed to take effect as of the December 31, 2022, report date. At the end of the comment period for this notice, the FFIEC and the agencies will review any comments received to determine whether to SUMMARY: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 modify the proposal in response to comments. As required by the PRA, the agencies will then publish a second Federal Register notice for a 30-day comment period and submit the final FFIEC 009 and FFIEC 009a to OMB for review and approval. DATES: Comments must be submitted on or before March 21, 2022. ADDRESSES: Interested parties are invited to submit written comments to any or all of the agencies. All comments, which should refer to the OMB control number(s), will be shared among the agencies. OCC: You may submit comments, which should refer to ‘‘FFIEC 009 and FFIEC 009a,’’ by any of the following methods: • Email: prainfo@occ.treas.gov. • Mail: Chief Counsel’s Office, Office of the Comptroller of the Currency, Attention: 1557–0100, 400 7th Street SW, Suite 3E–218, Washington, DC 20219. • Hand Delivery/Courier: 400 7th Street SW, Suite 3E–218, Washington, DC 20219. Instructions: You must include ‘‘OCC’’ as the agency name and ‘‘1557– 0100’’ in your comment. In general, the OCC will publish comments on www.reginfo.gov without change, including any business or personal information provided, such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. You may review comments and other related materials that pertain to this information collection beginning on the date of publication of the second notice for this collection by any of the following methods: • Viewing Comments Electronically: Go to www.reginfo.gov. Click on the ‘‘Information Collection Review’’ tab. Underneath the ‘‘Currently under Review’’ section heading, from the dropdown menu select ‘‘Department of Treasury’’ and then click ‘‘submit’’. This information collection can be located by searching by OMB control number ‘‘1557–0100’’ or ‘‘FFIEC 009 and FFIEC 009a’’. Upon finding the appropriate information collection, click on the related ‘‘ICR Reference Number.’’ On the next screen, select ‘‘View Supporting Statement and Other Documents’’ and then click on the link to any comment listed at the bottom of the screen. E:\FR\FM\20JAN1.SGM 20JAN1

Agencies

[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3169-3170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01015]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0011]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its decision to deny applications from 33 
individuals who requested an exemption from the vision standard in the 
Federal Motor Carrier Safety Regulations (FMCSRs) to operate a CMV in 
interstate commerce.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], 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-2022-0011, 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.

B. 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

    FMCSA received applications from 33 individuals who requested an 
exemption from the vision standard in the FMCSRs.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting these exemptions 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 Sec.  391.41(b)(10).

III. 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. FMCSA grants 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

[[Page 3170]]

medical reports about the applicants' vision, as well as their driving 
records and experience driving with the vision deficiency.

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the 
eligibility criteria or meet the terms and conditions of the Federal 
exemption and granting these exemptions 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 Sec.  391.41(b)(10). 
Therefore, the 33 applicants in this notice have been denied exemptions 
from the physical qualification standards in Sec.  391.41(b)(10).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his/her exemption request. Those decision 
letters fully outlined the basis for the denial and constitute final 
action by the Agency. This notice summarizes the Agency's recent 
denials as required under 49 U.S.C. 31315(b)(4) by periodically 
publishing names and reasons for denial.
    The following two applicants did not have sufficient driving 
experience over the past 3 years under normal highway operating 
conditions:

Lawrence L. Pedro (OR); and Johnnie E. Washington (CT)

    The following 24 applicants had no experience operating a CMV:

Le'Sean S. Auguste (TX)
Jody D. Bennett (UT)
Joseph C. Carpenter (CA)
Richard E. Clemens (IL)
Vincent N. Crescenzo (NY)
Paul A. Davis (PA)
Efrain Gonzalez (TX)
Lawrence E. Grant (NH)
Brian J. Hall (MT)
Christopher S. Lambert (AR)
David Paul Mason (FL)
Courtney C. McFall (IL)
Louis L. Miller (KS)
Collin Mitchell (NY)
Jorge A. Pichardo (NC)
Henok G. Reda (WA)
Kathleen A. Santos (ME)
Domenic J. Scioletti (MA)
Randy J. Shackelton (NC)
Kenneth L. Storey (IN)
James H. Townsend (OH)
Jonathan O. Umanzor Serpas (MD)
Charles D. Vonschriltz (OK)
Patrick D. Woodward (NM)

    The following three applicants did not have 3 years of experience 
driving a CMV on public highways with their vision deficiencies:

Robert A. Freece (OR); James P. Gritz (PA); and Terry L. Kirstein (TX)

    The following applicant, Robert J. Stewart (CO), did not have 3 
years of recent experience driving a CMV on public highways with their 
vision deficiencies.
    The following applicant, Richard E. Hadler (MN), did not hold a 
license which allowed operation of vehicles over 26,000 lbs.
    The following two applicants drove interstate while restricted to 
intrastate driving:

Shane E. Finnerud (WI); and David A. Swan (IL)

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-01015 Filed 1-19-22; 8:45 am]
BILLING CODE 4910-EX-P