Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
| Published date | 09 February 2021 |
| Citation | 86 FR 8829 |
| Record Number | 2021-02659 |
| Section | Notices |
| Court | Federal Motor Carrier Safety Administration |
8829
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices
claim, then that shorter time period still
applies.
FOR FURTHER INFORMATION CONTACT
:
Carlos Swonke, Environmental Affairs
Division, Texas Department of
Transportation, 125 East 11th Street,
Austin, Texas 78701; telephone: (512)
416–2734; email: carlos.swonke@
txdot.gov. TxDOT’s normal business
hours are 8:00 a.m.–5:00 p.m. (central
time), Monday through Friday.
SUPPLEMENTARY INFORMATION
: The
NHHIP includes construction of
roadway improvements to add four
managed express (MaX) lanes on I–45
from Downtown Houston to Beltway 8
North, reroute I–45 to be parallel with
I–10 on the north side of Downtown
Houston and parallel to US 59/I–69 on
the east side of Downtown Houston,
realign sections of I–10 and US 59/I–69
in the Downtown area to eliminate the
current roadway reverse curves that
limit capacity, and depress US 59/I–69
between I–10 and Spur 527 south of
Downtown to remove the problematic
weaving sections. The NHHIP also
includes reconstruction of mainlanes
and frontage roads; addition of bicycle/
pedestrian realms along the streets that
cross the freeways, including a 15- to 17
foot-wide pedestrian realm that will
create a buffer between the bicycle/
pedestrian traffic and the vehicular
traffic; addition of sidewalks along
frontage roads; and addition of pass–
through lanes on I–10 that will separate
traffic desiring to go to Downtown from
traffic destined to go through
Downtown. The total project length is
approximately 25.3 miles. The purpose
of the NHHIP is to implement an
integrated system of transportation
improvements that would manage I–45
traffic congestion in the NHHIP area
through added capacity, MaX lanes,
options for SOV lanes, and improved
operations; improve mobility on I–45
between US 59/I–69 and Beltway 8
North by accommodating projected
population growth and latent demand in
the project area; provide expanded
transit and carpool opportunities; bring
I–45, I–10, and US 59/I–69 up to current
design standards to improve safety and
operations; improve the capabilities of
I–45 as an emergency evacuation route;
improve stormwater drainage on I–45;
and support the projected significant
increase in travel on the regional
highways in the Houston-Galveston
area.
The actions by TxDOT and Federal
agencies and the laws under which such
actions were taken are described in the
Final Environmental Impact Statement
(FEIS), the Record of Decision (ROD)
issued on February 3, 2021, and other
documents in the TxDOT project file.
The FEIS, ROD, and other documents in
the TxDOT project file are available by
contacting the TxDOT Houston District
Office at TxDOT Houston District
Office, Advanced Project Development
Director, P.O. Box 1386, Houston, TX
77251, or by phone by calling (713)
802–5070. The FEIS and ROD can also
be viewed and downloaded from the
following website:
www.ih45northandmore.com.
The environmental review,
consultation, and other actions required
by applicable Federal environmental
laws for the NHHIP are being, or have
been, carried-out by TxDOT pursuant to
23 U.S.C. 327 and a Memorandum of
Understanding dated December 9, 2019,
and executed by FHWA and TxDOT.
Notice is hereby given that TxDOT
and Federal agencies have taken final
agency actions by issuing licenses,
permits, and approvals for the NHHIP in
the State of Texas.
This notice applies to all TxDOT and
Federal agency decisions as of the
issuance date of this notice and all laws
under which such actions were taken,
including but not limited to:
1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351]; Federal-Aid Highway Act [23
U.S.C. 109].
2. Air: Clean Air Act [42 U.S.C. 7401–
7671(q)].
3. Land: Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303]; Landscaping and
Scenic Enhancement (Wildflowers) [23
U.S.C. 319].
4. Wildlife: Endangered Species Act
[16 U.S.C. 1531–1544 and Section
1536], Marine Mammal Protection Act
[16 U.S.C. 1361], Fish and Wildlife
Coordination Act [16 U.S.C. 661–
667(d)], Migratory Bird Treaty Act [16
U.S.C. 703–712].
5. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[54 U.S.C. 300101 et seq.]; Archeological
Resources Protection Act of 1977 [16
U.S.C. 470(aa)–11]; Archeological and
Historic Preservation Act [54 U.S.C.
312501 et seq.]; Native American Grave
Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001–3013].
6. Social and Economic: Civil Rights
Act of 1964 [42 U.S.C. 2000(d)–
2000(d)(1)]; American Indian Religious
Freedom Act [42 U.S.C. 1996]; Farmland
Protection Policy Act (FPPA) [7 U.S.C.
4201–4209].
7. Wetlands and Water Resources:
Clean Water Act [33 U.S.C. 1251–1377]
(Section 404, Section 401, Section 319);
Land and Water Conservation Fund
(LWCF) [16 U.S.C. 4601–4604]; Safe
Drinking Water Act (SDWA) [42 U.S.C.
300(f)–300(j)(6)]; Rivers and Harbors Act
of 1899 [33 U.S.C. 401–406]; Wild and
Scenic Rivers Act [16 U.S.C. 1271–
1287]; Emergency Wetlands Resources
Act [16 U.S.C. 3921, 3931]; TEA–21
Wetlands Mitigation [23 U.S.C.
103(b)(6)(m), 133(b)(11)]; Flood Disaster
Protection Act [42 U.S.C. 4001–4128].
8. Executive Orders: E.O. 11990
Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898
Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations; E.O. 11593 Protection and
Enhancement of Cultural Resources;
E.O. 13007 Indian Sacred Sites; E.O.
13287 Preserve America; E.O. 13175
Consultation and Coordination with
Indian Tribal Governments; E.O. 11514
Protection and Enhancement of
Environmental Quality; E.O. 13112
Invasive Species. (Catalog of Federal
Domestic Assistance Program Number
20.205, Highway Planning and
Construction.)
Authority: 23 U.S.C. 139(l)(1).
Michael T. Leary,
Director, Planning and Program Development,
Federal Highway Administration.
[FR Doc. 2021–02661 Filed 2–8–21; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0442; FMCSA–
2014–0216; FMCSA–2015–0322; FMCSA–
2015–0323; FMCSA–2016–0007; FMCSA–
2016–0008; FMCSA–2018–0056]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
AGENCY
: Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION
: Notice of final disposition.
SUMMARY
: FMCSA announces its
decision to renew exemptions for 11
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.
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8830
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices
1
These 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.
DATES
: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates provided
below.
FOR FURTHER INFORMATION CONTACT
: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 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. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
http://www.regulations.gov. Insert the
docket number, FMCSA–2013–0442,
FMCSA–2014–0216, FMCSA–2015–
0322, FMCSA–2015–0323, FMCSA–
2016–0007, FMCSA–2016–0008, or
FMCSA–2018–0056, 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 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.dot.gov/privacy.
II. Background
On November 30, 2020, FMCSA
published a notice announcing its
decision to renew exemptions for 11
individuals from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (85 FR
76655). The public comment period
ended on December 30, 2020, and no
comments were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by complying with
§ 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 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.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Conclusion
Based on its evaluation of the 11
renewal exemption applications,
FMCSA announces its decision to
exempt the following 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), the following groups of
drivers received renewed exemptions in
the month of December and are
discussed below.
As of December 3, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven
individuals have satisfied the renewal
conditions for obtaining an exemption
from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (85 FR 76655):
Nicolas Donez, Jr. (CO)
Michael C. Grant (SC)
Larry G. Hediger (IL)
Thomas K. Mitchell (MS)
Isaac E. Rogers (IL)
Donald J. Smith (NY)
Joseph A. Thomas (MD)
The drivers were included in docket
number FMCSA–2013–0442, FMCSA–
2014–0216, FMCSA–2015–0322,
FMCSA–2016–0007, and FMCSA–2018–
0056. Their exemptions were applicable
as of December 3, 2020, and will expire
on December 3, 2022.
As of December 21, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (85 FR 76655):
Douglas Cantwell (TN)
Kenneth B. Elder (KY)
Ronnie D. Moody (NC)
Tara VanHorne (PA)
The drivers were included in docket
number MCSA–2015–0323 and
FMCSA–2016–0008. Their exemptions
were applicable as of December 21,
2020, and will expire on December 21,
2022.
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (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 prior to being 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).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–02659 Filed 2–8–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0036]
Qualification of Drivers; Exemption
Applications; Implantable Cardioverter
Defibrillators
AGENCY
: Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION
: Notice of application for
exemption; request for comments.
SUMMARY
: FMCSA announces receipt of
an application from one individual 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
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