34678 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 

in careers ranging for 5 to 58 years. In 

the past three years, no drivers were 

involved in crashes, and no drivers were 

convicted of moving violations in 

CMVs. All the applicants achieved a 

record of safety while driving with their 

vision impairment, demonstrating the 

likelihood that they have adapted their 

driving skills to accommodate their 

condition. As the applicants’ ample 

driving histories with their vision 

deficiencies are good predictors of 

future performance, FMCSA concludes 

their ability to drive safely can be 

projected into the future. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the vision requirement in 49 CFR 

391.41(b)(10) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must be physically examined 

every year (a) by an ophthalmologist or 

optometrist who attests that the vision 

in the better eye continues to meet the 

standard in 49 CFR 391.41(b)(10) and (b) 

by a certified Medical Examiner who 

attests that the individual is otherwise 

physically qualified under 49 CFR 

391.41; (2) each driver must provide a 

copy of the ophthalmologist’s or 

optometrist’s report to the Medical 

Examiner at the time of the annual 

medical examination; and (3) each 

driver must provide a copy of the 

annual medical certification to the 

employer for retention in the driver’s 

qualification file, or keep a copy in his/ 

her driver’s qualification file if he/she is 

self-employed. The driver must also 

have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the 12 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Joseph W. Davis (NC) 

Joshua D. Giles (NC) 

Michael J. Haubert (WI) 

Thomas R. Krentz (MN) 

Phil M. Lamp (WV) 

Jeffery S. Lathrop (NC) 

Terrence A. Odrick (DE) 

James B. Powell (IL) 

Raymond C. Smith (PA) 

Zebrial C. Stahmer (MT) 

Leon W. Tanksley, III (GA) 

Timothy E. Thomas (NC) 

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

and 31315, each exemption will be valid 

for two 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 and 

31315. 

Issued on: July 13, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15550 Filed 7–19–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0052] 

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 seven 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 July 1, 2018. The exemptions expire 

on July 1, 2020. 

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., 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. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/or 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., e.t., Monday through Friday, 

except Federal holidays. 

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. 

II. Background 

On May 24, 2018, FMCSA published 

a notice announcing receipt of 

applications from seven individuals 

requesting an exemption from the 

epilepsy and seizure disorders 

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

requested comments from the public (83 

FR 24153). The public comment period 

ended on June 25, 2018, and one 

comment was 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 the current regulation 

49 CFR 391.41(b)(8). 

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. 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34679 

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. 

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.] 

III. Discussion of Comments 

FMCSA received one comment in this 

proceeding. Vicky Johnson, an 

employee of the Minnesota Department 

of Public Safety (DPS), stated that the 

Minnesota DPS has no objections in the 

granting of an exemption to Jesse 

Hansen. 

IV. Basis for Exemption Determination 

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

31315(b), FMCSA may grant an 

exemption from the epilepsy and 

seizure disorder prohibition in 49 CFR 

391.41(b)(8) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

In reaching the decision to grant these 

exemption requests, FMCSA considered 

the 2007 recommendations of the 

Agency’s Medical Expert Panel (MEP). 

The January 15, 2013, Federal Register 

notice (78 FR 3069) provides the current 

MEP recommendations which is the 

criteria the Agency uses to grant seizure 

exemptions. 

The Agency’s decision regarding these 

exemption applications is based on 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 

(CDLIS) for commercial driver’s license 

(CDL) holders, and interstate and 

intrastate inspections recorded in the 

Motor Carrier Management Information 

System (MCMIS). For non-CDL holders, 

the Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency (SDLA). A summary of each 

applicant’s seizure history was 

discussed in the May 24, 2018 Federal 

Register notice (83 FR 24153) and will 

not be repeated in this notice. 

These seven applicants have been 

seizure-free over a range of 22 years 

while taking anti-seizure medication 

and maintained a stable medication 

treatment regimen for the last two years. 

In each case, the applicant’s treating 

physician verified his or her seizure 

history and supports the ability to drive 

commercially. 

The Agency acknowledges the 

potential consequences of a driver 

experiencing a seizure while operating a 

CMV. However, the Agency believes the 

drivers granted this exemption have 

demonstrated that they are unlikely to 

have a seizure and their medical 

condition does not pose a risk to public 

safety. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the epilepsy and seizure disorder 

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

likely to achieve a level of safety equal 

to that existing without the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must remain seizure-free and 

maintain a stable treatment during the 

two-year exemption period; (2) each 

driver must submit annual reports from 

their treating physicians attesting to the 

stability of treatment and that the driver 

has remained seizure-free; (3) each 

driver must undergo an annual medical 

examination by a certified Medical 

Examiner, as defined by 49 CFR 390.5; 

and (4) each driver must provide a copy 

of the annual medical certification to 

the employer for retention in the 

driver’s qualification file, or keep a copy 

of his/her driver’s qualification file if 

he/she is self-employed. The driver 

must also have a copy of the exemption 

when driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the seven 

exemption applications, FMCSA 

exempts the following drivers from the 

epilepsy and seizure disorder 

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

to the requirements cited above: 

Scott D. DeJarnette (KY) 

James R. Grant (NH) 

Jesse Hansen (MN) 

Troy L. Nichols (IL) 

Nick J. Ramirez (CA) 

Scott A. Ready, Sr. (WI) 

Michael A. Warren (MI) 

In accordance with 49 U.S.C. 

31315(b)(1), each exemption will be 

valid for two 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 and 

31315. 

Issued on: July 13, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15545 Filed 7–19–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Limitation on Claims Against Proposed 

Public Transportation Projects 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice. 

SUMMARY: This notice announces final 

environmental actions taken by the 

Federal Transit Administration (FTA) 

for the Santa Clara Valley 

Transportation Authority’s (VTA’s) Bay 

Area Rapid Transit (BART) Silicon 

Valley Phase II Extension project in 

Santa Clara County, California. The 

project will extend the BART system 

from the Berryessa/North San Jose ́

Station through downtown San Jose ́ to 

the Santa Clara Caltrain Station. The 

project will include design, 

construction, and future operation of a 

six-mile transit extension consisting of a 

five-mile-long single-bore tunnel; three 

transit stations in the City of San Jose ́, 

one transit station and a maintenance 

facility in the City of Santa Clara, and 

two ventilation structures along the 

alignment. The purpose of this notice is 

to announce publicly the environmental 

decisions by FTA on the subject project 

and to activate the limitation on any 

claims that may challenge this final 

environmental action. 


daltland on DSKBBV9HB2PROD with NOTICES