Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices 8829 

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. 


khammond on DSKJM1Z7X2PROD with NOTICES
8830 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices 

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. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES