28896 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 

(Catalog of Federal Domestic Assistance 

Number 59008) 

Rafaela Monchek, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. 2018–13283 Filed 6–20–18; 8:45 am] 

BILLING CODE 8025–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. EP 290 (Sub-No. 5) (2018–3)] 

Quarterly Rail Cost Adjustment Factor 

AGENCY: Surface Transportation Board. 

ACTION: Approval of rail cost adjustment 

factor. 

SUMMARY: The Board approves the third 

quarter 2018 Rail Cost Adjustment 

Factor (RCAF) and cost index filed by 

the Association of American Railroads. 

The third quarter 2018 RCAF 

(Unadjusted) is 1.061. The third quarter 

2018 RCAF (Adjusted) is 0.449. The 

third quarter 2018 RCAF–5 is 0.419. 

DATES: Applicable Date: July 1, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez, (202) 245–0333. Federal 

Information Relay Service (FIRS) for the 

hearing impaired: (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

on our website, http://www.stb.gov. 

Copies of the decision may be 

purchased by contacting the Office of 

Public Assistance, Governmental 

Affairs, and Compliance at (202) 245– 

0238. Assistance for the hearing 

impaired is available through FIRS at 

(800) 877–8339. 

This action is categorically excluded 

from environmental review under 49 

CFR 1105.6(c). 

Decided: June 14, 2018. 

By the Board, Board Members Begeman 

and Miller. 

Brendetta Jones, 

Clearance Clerk. 

[FR Doc. 2018–13350 Filed 6–20–18; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Rescission of Record of Decision and 

Final Environmental Impact Statement 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation. 

ACTION: Notice to rescind the Record of 

Decision (ROD) and the Final 

Environmental Impact Statement (FEIS). 

SUMMARY: The FHWA is issuing this 

notice to advise the public that we are 

rescinding the 2003 Record of Decision 

(ROD) and the Final Environmental 

Impact Statement (FEIS) that proposed 

to construct a segment of Interstate 66 

(I–66) between eastern Pike County, 

Kentucky and western Mingo County, 

West Virginia. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Nelson, Jr., Division 

Administrator, Federal Highway 

Administration, Kentucky Division, 330 

South Broadway Street, Frankfort, 

Kentucky, 40601, Telephone: (502) 223– 

6720. 

SUPPLEMENTARY INFORMATION: The 

FHWA, as the lead Federal agency, in 

cooperation with the Kentucky 

Transportation Cabinet (KYTC), is 

rescinding the Record of Decision (ROD) 

and the Final Environmental Impact 

Statement (FEIS) for the proposal to 

construct a segment of Interstate 66 in 

Pike County, Kentucky and Mingo 

County, West Virginia. The Notice of 

Intent (NOI) to prepare the 

Environmental Impact Statement (EIS) 

was published in the Federal Register 

on March 15, 2000. The ROD was issued 

in October 27, 2003. The FHWA has 

determined, in conjunction with the 

KYTC, that the ROD and the FEIS for 

the project shall be rescinded for the 

following reasons: No foreseeable 

connection to the King Coal Highway; 

significant impacts of the 2003 Selected 

Alternative; other regional 

improvements meet the purposes and 

needs of the project; and the lack of 

funding for the construction of the 

project. 

Any future Federal-aided action 

within this corridor will comply with 

environmental review requirements of 

the National Environmental Policy Act 

(NEPA) (42 U.S.C. 4321), FHWA 

environmental regulations (23 CFR 771) 

and related authorities, as appropriate. 

Comments and questions concerning 

this action should be directed to FHWA 

at the address provided above. 

Issued on June 15, 2018. 

Thomas Nelson, Jr., 

Division Administrator, FHWA Kentucky 

Division, Frankfort, Kentucky. 

[FR Doc. 2018–13332 Filed 6–20–18; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0053] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from eight individuals for 

an exemption from the prohibition in 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with a clinical diagnosis of epilepsy or 

any other condition that is likely to 

cause a loss of consciousness or any loss 

of ability to control a commercial motor 

vehicle (CMV) to drive in interstate 

commerce. If granted, the exemptions 

would enable these individuals who 

have had one or more seizures and are 

taking anti-seizure medication to 

operate CMVs in interstate commerce. 

DATES: Comments must be received on 

or before July 23, 2018 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2018–0053 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

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., e.t., 

Monday through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 28897 

1See http://www.ecfr.gov/cgi-bin/text-idx

?SID=e47b48a9ea42dd67d999246e23d97970

&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_

171.a and https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5- 

part391-appA.pdf. 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., e.t., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

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 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the FMCSRs for a five-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 five-year period. FMCSA grants 

exemptions from the FMCSRs for a twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The eight 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 

49 CFR 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. [49 CFR part 391, 

APPENDIX A TO PART 391—MEDICAL 

ADVISORY CRITERIA, section H. 

Epilepsy: § 391.41(b)(8), paragraphs 3, 4, 

and 5.] 

The advisory criteria states the 

following: 

If an individual has had a sudden 

episode of a non-epileptic 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 Medical 

Examiner in consultation with the 

treating physician. Before certification is 

considered, it is suggested that a sixmonth 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 antiseizure medication is not required, then 

the driver may be qualified. 

In those individual cases where a 

driver 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 

five-year period or more. 

As a result of Medical Examiners 

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 

Medical Examiner 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 the January 15, 2013 notice, the 

Agency has published additional 

notices granting requests from 

individuals for exemptions from the 

regulatory requirement regarding 

epilepsy found in 49 CFR 391.41(b)(8). 

To be considered for an exemption 

from the epilepsy and seizure disorders 

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

applicants must meet the criteria in the 

2007 recommendations of the Agency’s 

Medical Expert Panel (MEP) (78 FR 

3069). 

II. Qualifications of Applicants 

Ricky B. Alegre 

Mr. Alegre is a 31 year-old class D 

driver in New Jersey. He has a history 

of a single provoked seizure and has 

been seizure free since April 2014. He 

takes anti-seizure medication with the 

dosage and frequency remaining the 

same since April 2014. His physician 

states that he is supportive of Mr. Alegre 

receiving an exemption. 

Stephen M. Christner 

Mr. Christner is a 39 year-old class C 

driver in Pennsylvania. He has a history 

of epilepsy and has been seizure free 

since 2000. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2007. His physician states that he is 

supportive of Mr. Christner receiving an 

exemption. 

Paul J. Gomez 

Mr. Gomez is a 56 year-old class C 

driver in California. He has a history of 

generalized convulsive epilepsy and has 

been seizure free since 2010. He takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

August 2010. His physician states that 

he is supportive of Mr. Gomez receiving 

an exemption. 


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28898 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 

Lawrence J. Knox 

Mr. Knox is a 57 year-old class D 

driver in Massachusetts. He has a 

history of a seizure disorder and has 

been seizure free since 1988. He takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

May 2015. His physician states that he 

is supportive of Mr. Knox receiving an 

exemption. 

Thomas A. Ork 

Mr. Ork is a 56 year-old class C driver 

in New York. He has a seizure disorder 

and has been seizure free since 2004. He 

takes anti-seizure medication with the 

dosage and frequency remaining the 

same since 2004. His physician states 

that he is supportive of Mr. Ork 

receiving an exemption. 

Constance Seale 

Ms. Seale is a 64 year-old class CB 

CDL holder in Delaware. She has a 

history of a seizure disorder and has 

been seizure free since 1978. She takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

1978. Her physician states that he is 

supportive of Ms. Seale receiving an 

exemption. 

Anne M. Spencer-Brown 

Ms. Spencer-Brown is a 38 year-old 

class A CDL holder in West Virginia. 

She has a history of a seizure disorder 

and has been seizure free since 2008. 

She takes anti-seizure medication with 

the dosage and frequency remaining the 

same since 2008. Her physician states 

that she is supportive of Ms. SpencerBrown receiving an exemption. 

Floyd C. Williams 

Mr. Williams is a 53 year-old class D 

driver in Virginia. He has a history of a 

seizure disorder and has been seizure 

free since 2003. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2003. His physician states that he is 

supportive of Mr. Williams receiving an 

exemption. 

III. Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, 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 

in the dates section of the notice. 

IV. Submitting Comments 

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. 

To submit your comment online, go to 

http://www.regulations.gov and in the 

search box insert the docket number 

FMCSA–2018–0053 and click the search 

button. When the new screen appears, 

click on the blue ‘‘Comment Now!’’ 

button on the right hand side of the 

page. On the new page, enter 

information required including the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 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, selfaddressed postcard or envelope. 

We will consider all comments and 

materials received during the comment 

period. FMCSA may issue a final 

determination at any time after the close 

of the comment period. 

V. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble, 

go to http://www.regulations.gov and in 

the search box insert the docket number 

FMCSA–2018–0053 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: June 15, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–13317 Filed 6–20–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0175] 

Hours of Service of Drivers: American 

Concrete Pumping Association 

(ACPA); Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that it has 

received an application from the 

American Concrete Pumping 

Association (ACPA) for an exemption 

from the requirement that short-haul 

drivers utilizing the records of duty 

status (RODS) exception return to their 

normal work-reporting location within 

12 hours of coming on duty. ACPA 

requests that concrete pump operators 

be allowed to use the short-haul 

exception but return to their workreporting location within 14 hours 

instead of the usual 12 hours. The 

requested exemption would apply 

industry-wide to all concrete pump 

operators, concrete pumping companies, 

and drivers who operate concrete 

pumps. FMCSA requests public 

comment on ACPA’s application for 

exemption. 

DATES: Comments must be received on 

or before July 23, 2018. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2018–0175 by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE., 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice. Note that DOT posts all 

comments received without change to 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit Room W12–140 on the 

ground level of the West Building, 1200 

New Jersey Avenue SE, Washington, 

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

Monday through Friday, except Federal 

holidays. The on-line FDMS is available 

24 hours each day, 365 days each year. 

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. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning this notice, 


amozie on DSK3GDR082PROD with NOTICES1