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
34680 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 

DATES: By this notice, FTA is advising 

the public of final agency actions 

subject to 23 U.S.C. 139(l) . A claim 

seeking judicial review of FTA actions 

announced herein for the listed public 

transportation project will be barred 

unless the claim is filed on or before 

December 17, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Nancy-Ellen Zusman, Assistant Chief 

Counsel, Office of Chief Counsel, (312) 

353–2577, or Alan Tabachnick, 

Environmental Protection Specialist, 

Office of Environmental Programs, (202) 

366–8541. FTA is located at 1200 New 

Jersey Avenue SE, Washington, DC 

20590. Office hours are from 9:00 a.m. 

to 5:00 p.m., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FTA has taken final 

agency action by issuing a certain 

approval for the public transportation 

project listed below. The actions on the 

project, as well as the laws under which 

such actions were taken, are described 

in the documentation issued in 

connection with the project to comply 

with the National Environmental Policy 

Act (NEPA) and in other documents in 

the FTA administrative record for the 

project. Interested parties may contact 

either the project sponsor or the FTA 

Regional Office for more information. 

Contact information for FTA’s Regional 

Offices may be found at https://

www.fta.dot.gov. 

This notice applies to all FTA 

decisions on the listed project as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including NEPA [42 U.S.C. 4321–4375], 

Section 4(f) requirements [23 U.S.C. 

138, 49 U.S.C. 303], Section 106 of the 

National Historic Preservation Act [16 

U.S.C. 470f], and the Clean Air Act [42 

U.S.C. 7401–7671q]. This notice does 

not, however, alter or extend the 

limitation period for challenges of 

project decisions subject to previous 

notices published in the Federal 

Register. The project and action that is 

the subject of this notice follow: 

Project name and location: Santa 

Clara Valley Transportation Authority’s 

Bay Area Rapid Transit (BART) Silicon 

Valley Phase II Extension from the 

Berryessa/North San Jose ́ Station to the 

Santa Clara Caltrain Station, in Santa 

Clara County, California. 

Project Sponsor: The Santa Clara 

Valley Transportation Authority (VTA). 

Project description: VTA’s BART 

Silicon Valley Program consists of a 16- 

mile extension of the BART system from 

BART’s existing Warm Springs/South 

Fremont Station in southern Fremont in 

Alameda County into Santa Clara 

County through the Cities of Milpitas, 

San Jose ́, and Santa Clara. VTA’s BART 

Silicon Valley Program is being 

implemented in two phases, the Phase 

I Project (Berryessa Extension) and the 

Phase II Project (Silicon Valley 

Extension). The Phase I Project is a 10- 

mile extension from the existing Warm 

Springs/South Fremont Station to the 

Berryessa/North San Jose ́ Station in the 

City of San Jose ́. In 2010, FTA issued a 

Record of Decision (ROD) for the Phase 

I Project, which is currently under 

construction and scheduled to be open 

in late 2018. The Phase II Project 

consists of the remaining approximately 

six-mile extension of VTA’s BART 

Silicon Valley Program, and is the 

subject of this limitation on claims 

notice. The Phase II Project was the 

subject of VTA’s BART Silicon Valley 

Phase II Extension Project Final 

Supplemental Environmental Impact 

Statement/Subsequent Environmental 

Impact Report and Section 4(f) 

Evaluation (SEIS/SEIR), dated February 

2018, which included both NEPA and 

California Environmental Quality Act 

(CEQA) analyses. The project will 

consist of the design, construction and 

operation of approximately six miles of 

new double-track light rail transit to 

extend the BART system from the 

Berryessa/North San Jose ́ Station 

through downtown San Jose ́ to the Santa 

Clara Caltrain Station. The Notice of 

Availability for the Final Environmental 

Impact Statement for Phase I and II 

Projects was published in 2010. 

Final agency actions: Section 4(f) 

determination, dated February 2018; 

Section 106 Programmatic Agreement 

dated May 9, 2018; project-level air 

quality conformity; and Record of 

Decision, dated June 4, 2018. 

Supporting documentation: VTA’s 

BART Silicon Valley Phase II Extension 

Project Draft Supplemental 

Environmental Impact Statement/ 

Subsequent Environmental Impact 

Report and Draft Section 4(f) Evaluation 

dated December 2016. 

Elizabeth S. Riklin, 

Deputy Associate Administrator for Planning 

and Environment. 

[FR Doc. 2018–15531 Filed 7–19–18; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2018–0110] 

Requested Administrative Waiver of 

the Coastwise Trade Laws: Vessel 

TIMELESS; Invitation for Public 

Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to grant waivers of the U.S.- 

build requirement of the coastwise laws 

under certain circumstances. A request 

for such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

August 20, 2018. 

ADDRESSES: Comments should refer to 

docket number MARAD–2018–0110. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. You may also 

send comments electronically via the 

internet at http://www.regulations.gov. 

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10:00 a.m. and 5:00 

p.m., Monday through Friday, except 

federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Bianca Carr, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–453, 

Washington, DC 20590. Telephone 202– 

366–9309, Email Bianca.carr@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel TIMELESS is: 

—Intended Commercial Use of Vessel: 

‘‘Passenger Charter’’ 

—Geographic Region: ‘‘Florida, Georgia, 

North Carolina, South Carolina’’ 

The complete application is given in 

DOT docket MARAD–2018–0110 at 

http://www.regulations.gov. Interested 

parties may comment on the effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 


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