Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80223 

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. 

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 the epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8). 

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 

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 (MEs) in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

The criteria states that if an individual 

has had a sudden episode of a nonepileptic seizure or loss of 

consciousness of unknown cause that 

did not require anti-seizure medication, 

the decision whether that person’s 

condition is likely to cause the loss of 

consciousness or loss of ability to 

control a CMV should be made on an 

individual basis by the ME in 

consultation with the treating physician. 

Before certification is considered, it is 

suggested that a 6-month waiting period 

elapse from the time of the episode. 

Following the waiting period, it is 

suggested that the individual have a 

complete neurological examination. If 

the results of the examination are 

negative and anti-seizure medication is 

not required, then the driver may be 

qualified. 

In those individual cases where a 

driver has had a seizure or an episode 

of loss of consciousness that resulted 

from a known medical condition (e.g., 

drug reaction, high temperature, acute 

infectious disease, dehydration, or acute 

metabolic disturbance), certification 

should be deferred until the driver has 

recovered fully from that condition, has 

no existing residual complications, and 

is not taking anti-seizure medication. 

Drivers who have a history of 

epilepsy/seizures, off anti-seizure 

medication and seizure-free for 10 years, 

may be qualified to operate a CMV in 

interstate commerce. Interstate drivers 

with a history of a single unprovoked 

seizure may be qualified to drive a CMV 

in interstate commerce if seizure-free 

and off anti-seizure medication for a 5- 

year period or more. 

As a result of MEs misinterpreting 

advisory criteria as regulation, 

numerous drivers have been prohibited 

from operating a CMV in interstate 

commerce based on the fact that they 

have had one or more seizures and are 

taking anti-seizure medication, rather 

than an individual analysis of their 

circumstances by a qualified ME based 

on the physical qualification standards 

and medical best practices. 

On January 15, 2013, FMCSA 

announced in a Notice of Final 

Disposition titled, ‘‘Qualification of 

Drivers; Exemption Applications; 

Epilepsy and Seizure Disorders,’’ (78 FR 

3069), its decision to grant requests from 

22 individuals for exemptions from the 

regulatory requirement that interstate 

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.’’ 

Since that time, the Agency has 

published additional notices granting 

requests from individuals for 

exemptions from the regulatory 

requirement regarding epilepsy found in 

§ 391.41(b)(8). 

To be considered for an exemption 

from the epilepsy and seizure disorders 

prohibition in § 391.41(b)(8), applicants 

must meet the criteria in the 2007 

recommendations of the Agency’s 

Medical Expert Panel (78 FR 3069). 

III. Qualifications of Applicants 

Dylan C. Hill 

Mr. Hill is a 25-year old Commercial 

Learner’s Permit holder in Kansas. He 

has a history of epilepsy, and has been 

seizure free since 2008. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

2013. His physician states that he is 

supportive of Mr. Hill receiving an 

exemption. 

James R. Satterlee 

Mr. Satterlee is a 58-year old 

Enhanced Chauffer License holder in 

Michigan. He has a history of seizures, 

and has been seizure free since 2001. He 

takes anti-seizure medication with the 

dosage and frequency remaining the 

same since 2001. His physician states 

that she is supportive of Mr. Satterlee 

receiving an exemption. 

Robert G. Schauer, III 

Mr. Schauer is a 36-year old Class C 

driver license holder in Iowa. He has a 

history of seizures, and has been seizure 

free since August 2012. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

2017. His physician states that he is 

supportive of Mr. Schauer 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. 2020–27214 Filed 12–10–20; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2020–0092] 

Petition for Waiver of Compliance 

Under part 211 of title 49 of the Code 

of Federal Regulations (CFR), this 

document provides the public notice 

that on November 12, 2020, the 

Southeastern Pennsylvania 

Transportation Authority (SEPTA) 

petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 238, Passenger 

Equipment Safety Standards. FRA 


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80224 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 

assigned the petition Docket Number 

FRA–2020–0092. 

Specifically, SEPTA requests relief 

from 49 CFR 238.131, Exterior side door 

safety systems—new passenger cars and 

locomotives used in passenger service, 

and 49 CFR 238.133, Exterior side door 

safety systems—all passenger cars and 

locomotives used in a passenger service, 

as they pertain to the exterior side door 

safety system interface with the Siemens 

ACS–64 ‘‘Sprinter’’ electric locomotives. 

SEPTA notes the ACS–64 ‘‘Sprinter’’ 

locomotive uses similar operating 

controls and software to the SC–44 

‘‘Charger’’ diesel-electric locomotives, 

for which FRA granted relief in Docket 

Number FRA–2018–0029. 

SEPTA proposes installing similar 

software in the ACS–64 locomotives, as 

that developed for the SC–44, to allow 

such locomotives to be operated in 

‘‘Yard Mode.’’ When ‘‘Yard Mode’’ is 

activated, it allows low speed operation 

of the locomotive without activating the 

door by-pass device. The ‘‘Yard Mode’’ 

software monitors the door summary 

circuit trainline, along with other 

trainlines and locomotive operating 

parameters, determining whether the 

locomotive is operating in a lite consist 

(locomotives only) or a passenger car 

consist. This solution involves multistep software verification along with 

multiple deliberate acts and 

confirmations by an operator to enable 

‘‘Yard Mode.’’ When ‘‘Yard Mode’’ is 

active, the locomotive may not be 

operated above 10 miles per hour. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Website: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation 

(DOT), 1200 New Jersey Ave., SE, W12– 

140, Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Ave. SE, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

Communications received by January 

25, 2021 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered as far as practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 

inform its processes. 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 https://

www.transportation.gov/privacy. See 

also https://www.regulations.gov/ 

privacyNotice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2020–27270 Filed 12–10–20; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2020–0091] 

Notice of Application for Approval of 

Discontinuance or Modification of a 

Railroad Signal System 

Under part 235 of title 49 Code of 

Federal Regulations (CFR) and 49 U.S.C. 

20502(a), this document provides the 

public notice that on November 19, 

2020, the National Railroad Passenger 

Corporation (Amtrak) petitioned the 

Federal Railroad Administration (FRA) 

seeking approval to discontinue or 

modify a signal system. FRA assigned 

the petition Docket Number FRA–2020– 

0091. 

Applicant: National Railroad Passenger 

Corporation, Nicholas J. Croce III, PE, 

Deputy Chief Engineer, C&S, 2995 

Market Street, Philadelphia, PA 19104 

Specifically, Amtrak requests 

permission to convert approximately 6 

miles of its cab signal and fixed 

automatic block signal system to a 

signal system having cab signals 

without fixed automatic block signals, 

operated under NORAC Rule 562, on 

Amtrak’s Mid-Atlantic Division, Main 

Line Philadelphia to Washington, 

Northeast Corridor, between Landover 

interlocking located at milepost (MP) 

128.8, Landover, Maryland, and CP 

Avenue located at MP 134.6, 

Washington, DC. Amtrak is the owner 

and operator of this line. Maryland Area 

Regional Commuter Train Service, 

Norfolk Southern Railway, and CSX 

Transportation operate on portions of 

this line as tenants with trackage rights. 

All tenants have concurred with the 

application. 

The changes proposed are to remove 

the wayside signals on Tracks No. 2 and 

No. 3 at automatic block points 1298, 

1307, 1323/1324, and 1338/1339. All 

locations will remain in service as a 

block point without wayside signals. 

The reason for removal of the signals 

is to eliminate maintenance and 

operation of unnecessary hardware and 

to reduce delays to trains caused by 

failures of the signals. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Website: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation 

(DOT), 1200 New Jersey Ave. SE, W12– 

140, Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Ave. SE, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

Communications received by January 

25, 2021 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered if practicable. Anyone can 

search the electronic form of any written 

communications and comments 

received into any of our dockets by the 


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