[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Pages 8912-8916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03349]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0018]


Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 24 individuals 
for an exemption from the vision requirement in the Federal Motor 
Carrier Safety Regulations (FMCSRs) to operate a commercial motor 
vehicle (CMV) in interstate commerce. If granted, the exemptions will 
enable these individuals to operate CMVs in interstate commerce without 
meeting the vision requirement in one eye.

DATES: Comments must be received on or before March 18, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2022-0018 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2022-0018, 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, 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, [email protected], FMCSA, 
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are 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-2022-0018), 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.

[[Page 8913]]

    To submit your comment online, go to www.regulations.gov/docket?D=FMCSA-2022-0018. 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 8\1/2\ 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-2022-0018, 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 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its regulatory 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 24 individuals listed in this notice have requested an 
exemption from the vision requirement in 49 CFR 391.41(b)(10). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting an exemption will achieve the 
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision 
found in Sec.  391.41(b)(10) states that a person is physically 
qualified to drive a CMV if that person has distant visual acuity of at 
least 20/40 (Snellen) in each eye without corrective lenses or visual 
acuity separately corrected to 20/40 (Snellen) or better with 
corrective lenses, distant binocular acuity of at least 20/40 (Snellen) 
in both eyes with or without corrective lenses, field of vision of at 
least 70[deg] in the horizontal meridian in each eye, and the ability 
to recognize the colors of traffic signals and devices showing standard 
red, green, and amber.
    On July 16, 1992, the Agency first published the criteria for the 
Vision Waiver Program, which listed the conditions and reporting 
standards that CMV drivers approved for participation would need to 
meet (57 FR 31458). The current Vision Exemption Program was 
established in 1998, following the enactment of amendments to the 
statutes governing exemptions made by Sec.  4007 of the Transportation 
Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 107, 401 
(June 9, 1998). Vision exemptions are considered under the procedures 
established in 49 CFR part 381 subpart C, on a case-by-case basis upon 
application by CMV drivers who do not meet the vision standards of 
Sec.  391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA 
requires a person to present verifiable evidence that he/she has driven 
a commercial vehicle safely in intrastate commerce with the vision 
deficiency for the past three years. Recent driving performance is 
especially important in evaluating future safety, according to several 
research studies designed to correlate past and future driving 
performance. Results of these studies support the principle that the 
best predictor of future performance by a driver is his/her past record 
of crashes and traffic violations. Copies of the studies may be found 
at www.regulations.gov/docket?D=FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular 
drivers, because data from the Federal Highway Administration's former 
waiver study program clearly demonstrated the driving performance of 
experienced monocular drivers in the program is better than that of all 
CMV drivers collectively.\1\ The fact that experienced monocular 
drivers demonstrated safe driving records in the waiver program 
supports a conclusion that other monocular drivers, meeting the same 
qualifying conditions as those required by the waiver program, are also 
likely to have adapted to their vision deficiency and will continue to 
operate safely.
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    \1\ A thorough discussion of this issue may be found in a FHWA 
final rule published in the Federal Register on March 26, 1996 and 
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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    The first major research correlating past and future performance 
was done in England by Greenwood and Yule in 1920. Subsequent studies, 
building on that model, concluded that crash rates for the same 
individual exposed to certain risks for two different time periods vary 
only slightly (See Bates and Neyman, University of California 
Publications in Statistics, April 1952). Other studies demonstrated 
theories of predicting crash proneness from crash history coupled with 
other factors. These factors--such as age, sex, geographic location, 
mileage driven and conviction history--are used every day by insurance 
companies and motor vehicle bureaus to predict the probability of an 
individual experiencing future crashes (See Weber, Donald C., 
``Accident Rate Potential: An Application of Multiple Regression 
Analysis of a Poisson Process,'' Journal of American Statistical 
Association, June 1971). A 1964 California Driver Record Study prepared 
by the California Department of Motor Vehicles concluded that the best 
overall crash predictor for both concurrent and nonconcurrent events is 
the number of single convictions. This study used 3 consecutive years 
of data, comparing the experiences of drivers in the first 2 years with 
their experiences in the final year.

III. Qualifications of Applicants

Robert A. Buckley

    Mr. Buckley, 68, has a corneal scar in his right eye due to a 
traumatic incident in 1960. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2021, his optometrist stated, ``Mr. Buckley has sufficient vision to 
perform the driving tasks needed to operate a commercial vehicle even 
though he is monocular.'' Mr. Buckley reported that he has driven 
straight trucks for 53 years, accumulating 1.06 million miles. He holds 
an operator's license from Indiana. His driving record for the last

[[Page 8914]]

3 years shows no crashes and no convictions for moving violations in a 
CMV.

Steven L. Crews

    Mr. Crews, 59, has had an inoperable mature cataract in his right 
eye due to a traumatic incident in his childhood. The visual acuity in 
his right eye is light perception, and in his left eye, 20/20. 
Following an examination in 2021, his optometrist stated, ``Based on 
his 30 year history of operating a commercial vehicle, and the visual 
findings of his left eye, I think he has sufficient vision to perform 
the driving tasks required.'' Mr. Crews reported that he has driven 
straight trucks for 31 years, accumulating 1.86 million miles, and 
tractor-trailer combinations for 12 years, accumulating 720,000 miles. 
He holds a Class A CDL from Texas. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Arthur B. Edge III

    Mr. Edge, 58, has an enucleation of his left eye due to an 
infection in 2015. The visual acuity in his right eye is 20/25, and in 
his left eye, no light perception. Following an examination in 2021, 
his optometrist stated, ``I also certify, that in my medical opinion, 
the patient has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Edge reported that he has driven 
straight trucks for 39 years, accumulating 1.56 million miles, tractor-
trailer combinations for 35 years, accumulating 1.75 million miles, and 
buses for 3 years, accumulating 300 miles. He holds a Class A CDL from 
Georgia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jorge Estol

    Mr. Estol, 47, has had a macular retinal scar in his left eye since 
2007. The visual acuity in his right eye is 20/20, and in his left eye, 
20/200. Following an examination in 2021, his optometrist stated, ``I 
certify that imy [sic] medical opinion, patient has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Estol reported that he has driven straight trucks for 7 
years, accumulating 756,000 miles, and tractor-trailer combinations for 
7 years, accumulating 756,000 miles. He holds a Class A CDL from 
Florida. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

William L. Fuqua

    Mr. Fuqua, 26, has had vitreoretinal adhesion in his right eye 
since birth. The visual acuity in his right eye is 20/50, and in his 
left eye, 20/20. Following an examination in 2021, his optometrist 
stated, ``In my medical opinion, Mr. William Fuqua has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Fuqua reported that he has driven straight trucks for 10 
years, accumulating 15,000 miles, tractor-trailer combinations for 2 
years, accumulating 156,000 miles, and buses for 2 years, accumulating 
2,000 miles. He holds a Class DA CDL from Kentucky. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Terry G. Grice

    Mr. Grice, 41, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/300. 
Following an examination in 2021, his optometrist stated, ``I also 
certify that in my medical opinion Terry Grice has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Grice reported that he has driven straight trucks for 9 years, 
accumulating 324,000 miles. He holds an operator's license from 
Indiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Gerardo Hernandez

    Mr. Hernandez, 41, has had strabismus in his right eye since 
childhood. The visual acuity in his right eye is 20/70, and in his left 
eye, 20/20. Following an examination in 2021, his optometrist stated, 
``In my opinion Mr. Hernandez has sufficient vision to operate a 
commercial vehicle.'' Mr. Hernandez reported that he has driven 
tractor-trailer combinations for 8 years, accumulating 4.45 million 
miles. He holds a Class A CDL from Texas. His driving record for the 
last 3 years shows no crashes and one conviction for a non-moving 
violation in a CMV: Over 34,000 pounds, tandem axle.

Joshua J. Hilliard

    Mr. Hilliard, 36, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2021, his optometrist 
stated, ``In my opinion, Mr. Hilliard demonstrated no visual 
limitations other than described above and poses no significant risk 
for operating a commercial vehicle, as long as prescribed glasses or 
contacts are worn at all times.'' Mr. Hilliard reported that he has 
driven straight trucks for 5 years, accumulating 120,000 miles. He 
holds a Class A CDL from Ohio. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Orlando M. Hinton

    Mr. Hinton, 40, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
70. Following an examination in 2021, his optometrist stated, ``In my 
medical opinion, Mr. Hinton does have sufficient vision to perform 
driving task required to operate a commercial vehicle.'' Mr. Hinton 
reported that he has driven straight trucks for 9 years, accumulating 
630,000 miles, and tractor-trailer combinations for 3 years, 
accumulating 150,000 miles. He holds a Class A CDL from North Carolina. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Joshua M. Howe

    Mr. Howe, 28, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2021, his optometrist stated, ``I 
submit this statement to the state of Indiana BMV, regarding Joshua M. 
Howe, in order to verify that his visual status is stable and adequate 
for continued use of a commercial motor vehicle.'' Mr. Howe reported 
that he has driven straight trucks for 11 years, accumulating 2.75 
million miles and tractor-trailer combinations for 11 years, 
accumulating 55,000 miles. He holds a Class A CDL from Indiana. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Janessen B. Jenkins, Jr.

    Mr. Jenkins, 39, has complete loss of vision in his right eye due 
to a traumatic incident during his childhood. The visual acuity in his 
right eye is light perception, and in his left eye, 20/20. Following an 
examination in 2021, his optometrist stated, ``I feel that Mr. Jenkins 
is visually capable of performing the driving tasks required of his job 
to operate a commercial vehicle'' Mr. Jenkins reported that he has 
driven tractor-trailer combinations for 3 years, accumulating 285,000 
miles. He holds an operator's license from Georgia. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

[[Page 8915]]

Justin L. Knoll

    Mr. Knoll, 27, has proliferative retinopathy in his left eye due to 
a traumatic incident in 2008. The visual acuity in his right eye is 20/
20, and in his left eye, hand motion. Following an examination in 2021, 
his ophthalmologist stated, ``In my professional medical opinion, 
Justin is able to safely operate a commercial vehicle which he has been 
doing within the State of Michigan since 2013.'' Mr. Knoll reported 
that he has driven tractor-trailer combinations for 8 years, 
accumulating 624,000 miles. He holds a Class ECA CDL from Michigan. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Robert M. Lammon

    Mr. Lammon, 39, has an enucleation in his left eye due to a 
traumatic incident in 2017. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination 
in 2021, his optometrist stated, ``In my opinion this individual 
presents with sufficient vision to operate a commercial vehicle.'' Mr. 
Lammon reported that he has driven straight trucks for 10 years, 
accumulating 500,000 miles and tractor-trailer combinations for 10 
years, accumulating 500,000 miles. He holds a Class A CDL from Ohio. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Richard D. Lang

    Mr. Lang, 62, has had retinal artery occlusion in his left eye 
since 2018. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/125. Following an examination in 2021, his optometrist 
stated, ``In my medical opinion, Mr. Lang has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Lang reported that he has driven tractor-trailer combinations for 
15 years, accumulating 2.175 million miles. He holds a Class A CDL from 
South Dakota. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Larry P. Magrath

    Mr. Magrath, 57, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/70, and in his left 
eye, 20/20. Following an examination in 2021, his optometrist stated, 
``I believe Larry Magrath has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Magrath reported 
that he has driven straight trucks for 15 years, accumulating 375,000 
miles and buses for 5 years, accumulating 12,500 miles. He holds a 
Class A CDL from Minnesota. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

David L. Mairose

    Mr. Mairose, 57, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2021, his optometrist stated, ``I 
certify that, in my medical opinion, this patient has sufficient vision 
to perform driving tasks required to operate a commercial vehicle.'' 
Mr. Mairose reported that he has driven straight trucks for 37 years, 
accumulating 203,500 miles and tractor-trailer combinations for 37 
years, accumulating 925,000 miles. He holds a Class A CDL from Iowa. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Darrell L. Marlett

    Mr. Marlett, 50, has had a macular neovascualar scar in his left 
eye since 2015. The visual acuity in his right eye is 20/15, and in his 
left eye, 20/200. Following an examination in 2021, his optometrist 
stated, ``It is in my opinion, based on all the findings, that Mr. 
Marlett should have no issues driving a commercial vehicle.'' Mr. 
Marlett reported that he has driven straight trucks for 1 year, 
accumulating 1,500 miles, and tractor-trailer combinations for 9 years, 
accumulating 2.25. million miles. He holds a Class A CDL from Indiana. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Michael T. McGinty

    Mr. McGinty, 34, has a ruptured globe in his right eye due to a 
traumatic incident in 2010. The visual acuity in his right eye is light 
perception, and in his left eye, 20/20. Following an examination in 
2021, his optometrist stated, ``In my medical opinion, Michal McGinty 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. McGinty reported that he has driven 
straight trucks for 14 years, accumulating 109,200 miles. He holds a 
Class AM CDL from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Stephen D. Miles

    Mr. Miles, 63, has had histoplasmosis in his left eye since birth. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2021, his optometrist stated, ``He has 
normal color vision and is able to drive a commercial vehicle safely. 
His condition is stable.'' Mr. Miles reported that he has driven 
tractor-trailer combinations for 35 years, accumulating 3.15 million 
miles. He holds a Class A CDL from Oregon. His driving record for the 
last 3 years shows one crash for which he was cited for a moving 
violation in a CMV for careless driving.

Joshua D. Mylan

    Mr. Mylan, 37, has had glaucoma in his right eye since 2016. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/20. Following an examination in 2021, his ophthalmologist 
stated, ``In my opinion Mr. Mylan has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Mylan 
reported that he has driven straight trucks for 8 years, accumulating 
153,000 miles, and tractor-trailer combinations for 8 years, 
accumulating 68,000 miles. He holds an operator's license from 
Washington. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Albert M. Randle

    Mr. Randle, 60, has had a retinal detachment in his left eye since 
2006. The visual acuity in his right eye is 20/20, and in his left eye, 
no light perception. Following an examination in 2021, his 
ophthalmologist stated, ``In my medical opinion, Mr. Randle has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Randle reported that he has driven straight 
trucks for 4 years, accumulating 192,000 miles, and tractor-trailer 
combinations for 29 years, accumulating 3.48 million miles. He holds a 
Class A CDL from Texas. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Mitchell L. Reineke

    Mr. Reineke, 34, has had a retinal scar in his left eye since 
birth. The visual acuity in his right eye is 20/20, and in his left 
eye, light perception. Following an examination in 2022, his 
optometrist stated, ``Mitchell's vision is adequate for driving a 
commercial vehicle.'' Mr. Reineke reported that he has driven straight 
trucks for 18 years, accumulating 36,000 miles, and tractor-

[[Page 8916]]

trailer combinations for 3 years, accumulating 4,500 miles. He holds an 
operator's license from Nebraska. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Ritchy R. Richards

    Mr. Richards, 50, has complete loss of vision in his left eye due 
to a traumatic incident in 2017. The visual acuity in his right eye is 
20/20, and in his left eye, no light perception. Following an 
examination in 2021, his optometrist stated, ``It is in my medical 
opinion Mr. Richards has sufficient vision in his right eye to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Richards reported that he has driven straight trucks for 30 years, 
accumulating 675,000 miles. He holds an operator's license from New 
Mexico. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Antwine Simmons II

    Mr. Simmons, 37, has glaucoma in his left eye due to a traumatic 
incident in 2012. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/200. Following an examination in 2021 his 
ophthalmologist stated, ``It is my medical opinion that Mr. Simmons has 
sufficient vision to operate a commercial vehicle.'' Mr. Simmons 
reported that he has driven straight trucks for 3 years, accumulating 
288,312 miles. He holds a Class A CDL from Georgia. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

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 and material 
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. 2022-03349 Filed 2-15-22; 8:45 am]
BILLING CODE 4910-EX-P