85846 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 

[FR Doc. 2020–28780 Filed 12–28–20; 8:45 am] 

BILLING CODE 3290–F0–C 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2020–1199; Airspace 

Docket No. 20–AEA–21] 

Notice of Availability of Written ReEvaluation and Record of Decision; 

New York/New Jersey/Philadelphia 

Metropolitan Area Airspace Redesign 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces the 

availability of a Written Re-evaluation 

and Record of Decision (WR/ROD) for 

the New York/New Jersey/Philadelphia 

(NY/NJ/PHL) Metropolitan Area 

Airspace Redesign project. This 2020 

WR/ROD follows the issuance of a Final 

Environmental Impact Statement (EIS) 

for the project, issued in July 2007, and 

a subsequent ROD (September 2007) 

that approved the Integrated Airspace 

Alternative with Integrated Control 

Complex for implementation. The 

September 2007 ROD was followed by 

a corrected ROD (October 2007), as well 

as a WR/ROD (July 2008) that reaffirmed the original decision in light of 

new schedule limits at John F. Kennedy 

International Airport (JFK) and Newark 

Liberty International Airport (EWR). 

DATES: The FAA’s WR/ROD for the NY/ 

NJ/PHL Metropolitan Airspace Redesign 

is effective December 22, 2020. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Matthew 

Cathcart, Acting Manager, Operations 

Support Group, in writing to Federal 

Aviation Administration, Eastern 

Service Center, Operations Support 

Group, AJV–E2, FAA Southern Regional 

Office, P.O. Box 20636, Atlanta, GA 

30320; by telephone, at (404) 305–5624; 

or, by electronic mail, at 

Matthew.Cathcart@faa.gov. 

SUPPLEMENTARY INFORMATION: The 

purpose of the NY/NJ/PHL Metropolitan 

Area Airspace Redesign project was to 

increase the efficiency and reliability of 

the airspace structure and the Air 

Traffic Control (ATC) system, thereby 

accommodating growth while 

enhancing safety and reducing delays in 

air travel for the NY/NJ/PHL 

Metropolitan Area. The Airspace 

Redesign project was intended to 

modernize the structure of the NY/NJ/ 

PHL air traffic environment while laying 

a foundation for achieving the Next 

Generation Air Transportation System 

(NextGen) in an environmentally 

responsible manner. 

While four stages of implementation 

were originally planned, FAA paused 

the project in 2012 in light of air 

transportation system changes in the 

intervening years. While several 

beneficial elements of the project were 

implemented, the National Airspace 

System evolved significantly between 

the 2007 EIS and 2012. New NextGen 

capabilities, such as Time Based 

Metering and advanced satellite based 

navigation procedures, and increasing 

consolidation of the airline industry, 

changes in system use, and evolving 

traffic projections resulted in new and 

different airspace and procedures 

requirements. As a result, the FAA 

suspended the Airspace Redesign 

project in May 2013. The FAA has 

determined it is appropriate to end 

implementation and has prepared the 

aforementioned December 2020 WR/ 

ROD. The WR/ROD may be accessed on 

the FAA’s public website: https:// 


KHAMMOND on DSKJM1Z7X2PROD with NOTICESEN29DE20.428</GPH>
Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 85847 

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. 

www.faa.gov/air_traffic/nas/nynjphl_

redesign/documentation/. 

This Notice of Availability of the 

December 2020 WR/ROD also serves as 

the response to Section 560 of the FAA 

Reauthorization Act of 2018, which 

imposed the following requirement: 

Not later than 90 days after the date 

of enactment of this Act, the 

Administrator shall develop and 

publish in the Federal Register a work 

plan for the New York/New Jersey/ 

Philadelphia Metropolitan Area 

Airspace Project. 

As discussed above, work on the NY/ 

NJ/PHL Metropolitan Area Airspace 

Redesign project was suspended in May 

2013, and the FAA has determined it is 

appropriate to end implementation. 

There is no work plan for the project 

beyond the preparation of the December 

2020 WR/ROD and this Notice. 

Issued in Atlanta, Georgia, on December 

22, 2020. 

Ryan W. Almasy, 

Director (Acting), Eastern Service Center, 

Mission Support Services, Air Traffic 

Organization, Federal Aviation 

Administration. 

[FR Doc. 2020–28745 Filed 12–28–20; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2020–0051] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt five 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 antiseizure medication to operate CMVs in 

interstate commerce. 

DATES: The exemptions were applicable 

on November 27, 2020. The exemptions 

expire on November 27, 2022. 

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/ 

docket?D=FMCSA-2020-0051 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. 

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 

On October 28, 2020, FMCSA 

published a notice announcing receipt 

of applications from five individuals 

requesting an exemption from the 

epilepsy and seizure disorders 

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

requested comments from the public (85 

FR 68407). The public comment period 

ended on November 27, 2020, and 10 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting exemptions to these 

individuals 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 (MEs) in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

III. Discussion of Comments 

FMCSA received 10 comments in this 

proceeding. Of the 10 comments 

received, nine were in support of the 

exemptions and one was outside the 

scope of this notice. 

IV. 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. 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 Agency’s decision regarding these 

exemption applications is based on the 

2007 recommendations of the Agency’s 

Medical Expert Panel. The Agency 

conducted an individualized assessment 

of each applicant’s medical information, 

including the root cause of the 

respective seizure(s) and medical 

information about the applicant’s 

seizure history, the length of time that 

has elapsed since the individual’s last 

seizure, the stability of each individual’s 

treatment regimen and the duration of 

time on or off of anti-seizure 

medication. In addition, the Agency 

reviewed the treating clinician’s 

medical opinion related to the ability of 

the driver to safely operate a CMV with 

a history of seizure and each applicant’s 

driving record found in the Commercial 

Driver’s License Information System for 

commercial driver’s license (CDL) 

holders, and interstate and intrastate 

inspections recorded in the Motor 

Carrier Management Information 

System. For non-CDL holders, the 

Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency. A summary of each applicant’s 

seizure history was discussed in the 

October 28, 2020, Federal Register 


KHAMMOND on DSKJM1Z7X2PROD with NOTICES