Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21297 

1According to National Institutes of Health, 

National Institute of Neurological Disorders and 

Stroke, cataplexy is a sudden loss of muscle tone 

while the person is awake that leads to feelings of 

weakness and a loss of voluntary muscle control. 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The Agency may grant an exemption 

subject to specified terms and 

conditions. The decision of the Agency 

must be published in the Federal 

Register (49 CFR 381.315(b)) with the 

reasons for denying or granting the 

application and, if granted, the name of 

the person or class of persons receiving 

the exemption, and the regulatory 

provision from which the exemption is 

granted. The notice must also specify 

the effective period and explain the 

terms and conditions of the exemption. 

The exemption may be renewed (49 CFR 

381.300(b)). 

FMCSA provides medical advisory 

criteria in the Medical Examination 

Report at 49 CFR 391.43 for use by 

medical examiners in determining 

whether drivers with certain medical 

conditions should be certified to operate 

commercial motor vehicles in interstate 

commerce. The advisory criteria for 49 

CFR 391.41(b)(8), indicates that 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 6- 

month 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 

fully recovered from that condition, has 

no existing residual complications, and 

is not taking anti-seizure medication. 

The advisory criteria for 49 CFR 

391.41 (b)(9), indicates that a variety of 

functional disorders can cause 

drowsiness, dizziness, confusion, 

weakness or paralysis that may lead to 

incoordination, inattention, loss of 

functional control and susceptibility to 

accidents while driving. 

Summary of Applications 

Thomas Skagen 

Mr. Skagen is a 53-year-non-CDL 

holder from Washington. He is route 

sales representative for a bakery. He was 

diagnosed with Narcolepsy without 

cataplexy 1 in 2008. His physician has 

treated him for 3 years and is supportive 

of Mr. Skagen’s exemption request. He 

states that Mr. Skagen is treated with 

Adderall and has a known 3-year 

history of being very compliant with 

medical treatment, his Epworth 

Sleepiness Scale scores remain within 

normal limits, and he does not fall 

asleep at any inappropriate times. He 

has driven a step van (a walk-in or 

multi-stop truck) since 2005 and says 

that sleepiness has never been an issue 

and in 37 years of driving he has never 

caused an accident. He would like to be 

granted an exemption in order to obtain 

a medical certificate to operate in 

interstate commerce. 

Charles ‘‘Larry’’ Peterson 

Mr. Charles Larry Peterson is a 56- 

year old Class A CDL holder in 

Washington. He is tractor-trailer driver. 

He was diagnosed with Narcolepsy in 

1987 and has been continually treated 

for this condition since his diagnosis. A 

November 2014 letter from Mr. 

Peterson’s physician states he is 

successfully treated with Provigil. He 

has never known of any traffic 

incidents, accidents or problems related 

to his narcolepsy or treatment. In his 

opinion his narcolepsy is well 

controlled and he is safe to drive. A 

November 6 letter from his employer 

supports Mr. Peterson’s request for an 

exemption. The employer reports that 

Mr. Peterson has been employed since 

2012 and has been an exemplary driver 

since he was hired. The employer 

reports there have been no accidents, 

communication problems, and no 

questionable performance issues during 

his employment. Mr. Peterson would 

like to be granted an exemption to 

continue to operate in interstate 

commerce. 

Stanley Jandreau 

Mr. Jandreau is a 43 year old Class A 

CDL holder in Maine. A February 2015 

letter from his sleep medicine 

specialists states that Mr. Jandreau has 

been a patient since 2002 when he was 

found to have obstructive sleep apnea 

and narcolepsy with cataplexy. Mr. 

Jandreau’s specialists report that he is 

stable on therapies for both conditions 

and his CPAP compliance is acceptable 

to excellent. He is maintained on 

Provigil and Zoloft and by all accounts 

his sleep disorders are stable and welltreated on his current therapeutic 

regimen. Medication or dosing changes 

have not been required since [the 

specialist] took over his care in 2012. 

His specialists support Mr. Jandreau’s 

petition for exemption based on his 

condition being stable for quite some 

time and is not likely to worsen so long 

as he continues his current therapeutic 

regimen. Mr. Jandreau would like to be 

granted an exemption in interstate 

commerce. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

the applications for exemption 

described in this notice. We will 

consider all comments received before 

the close of business on the closing date 

indicated earlier in the notice. 

Dated: April 13, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–08857 Filed 4–16–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2006–24812] 

Petition for Waiver of Compliance and 

Notice of Public Hearing; Correction 

AGENCY: Federal Railroad 

Administration, Department of 

Transportation. 

ACTION: Notice; correction. 

SUMMARY: On April 3, 2015 (80 FR 

18292), the Federal Railroad 

Administration (FRA) provided notice 

of a public hearing to receive views, 

data, and comments regarding BNSF 

Railway’s (BNSF) petition for 

modification and extension of its waiver 

of compliance from certain provisions of 

the Federal railroad safety regulations 

contained in title 49 Code of Federal 

Regulations part 232, Brake System 

Safety Standards for Freight and Other 

Non-Passenger Trains and Equipment, 

in Docket Number FRA–2006–24812. 

The notice contained an incorrect date 

of the public hearing. 

FOR FURTHER INFORMATION CONTACT: 

Steve Zuiderveen, Railroad Safety 

Specialist, FRA, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

(202) 493–6337, 

Steven.Zuiderveen@dot.gov. 


tkelley on DSK3SPTVN1PROD with NOTICES
21298 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 

Correction 

In the Federal Register of April 3, 

2015, in FR Doc. 2015–07656, on page 

18292, in the second column, correct 

the paragraph to read: 

In addition, FRA is extending the 

comment period for this waiver petition 

to June 21, 2015, to allow adequate time 

for any additional comments to be 

submitted following the public hearing 

on May 21, 2015. 

Issued in Washington, DC, on April 11, 

2015. 

Ron Hynes, 

Director, Office of Technical Oversight. 

[FR Doc. 2015–08938 Filed 4–16–15; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2012–0033] 

Notice of Intent To Grant a Buy 

America Waiver to the New York 

Metropolitan Transportation Authority 

for the Use of Transponders and 

Temporary Speed Restriction Safety 

Servers 

AGENCY: Federal Railroad 

Administration (FRA), United States 

Department of Transportation (DOT). 

ACTION: Notice of intent to grant Buy 

America waiver. 

SUMMARY: FRA is issuing this notice to 

advise the public that it intends to grant 

the New York Metropolitan 

Transportation Authority (MTA) on 

behalf of its commuter railroad 

subsidiaries, Long Island Rail Road 

(LIRR) and Metro-North Commuter 

Railroad Company (Metro-North), a 

waiver from FRA’s Buy America 

requirement for the use of (a) 

transponders and (b) Temporary Speed 

Restriction (TSR) safety servers, which 

are made in Sweden. Transponders and 

TSR safety servers are two components 

of LIRR’s and Metro-North’s Positive 

Train Control system (PTC). The two 

non-domestic components represent 

approximately 1% of the $428 million 

total value of the contracts Metro-North 

and LIRR entered into with a system 

integrator to design and furnish PTC 

(PTC Contracts). The TSR safety servers 

cost less than $1 million and the 

transponders approximately $4 million. 

FRA anticipates funding the PTC 

Contracts, and other PTC-related 

projects, under a $967.1 million FRA 

Railroad Rehabilitation & Improvement 

Financing loan. 

DATES: Written comments on FRA’s 

determination to grant MTA’s Buy 

America waiver request should be 

provided to the FRA on or before April 

22, 2015. 

ADDRESSES: Please submit your 

comments by one of the following 

means, identifying your submissions by 

docket number FRA–2012–0033. All 

electronic submissions must be made to 

the U.S. Government electronic site at 

http://www.regulations.gov. 

Commenters should follow the 

instructions below for mailed and handdelivered comments. 

(1) Web site: http://

www.regulations.gov. Follow the 

instructions for submitting comments 

on the U.S. Government electronic 

docket site; 

(2) Fax: (202) 493–2251; 

(3) Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Docket Operations, M–30, 

Room W12–140, Washington, DC 

20590–0001; or 

(4) Hand Delivery: Room W12–140 on 

the first floor of the West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

make reference to the ‘‘Federal Railroad 

Administration’’ and include docket 

number FRA–2012–0033. Due to 

security procedures in effect since 

October 2001, mail received through the 

U.S. Postal Service may be subject to 

delays. Parties making submissions 

responsive to this notice should 

consider using an express mail firm to 

ensure the prompt filing of any 

submissions not filed electronically or 

by hand. Note that all submissions 

received, including any personal 

information therein, will be posted 

without change or alteration to http://

www.regulations.gov. For more 

information, you may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477), or visit http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Johnson, Attorney-Advisor, FRA 

Office of Chief Counsel, 1200 New 

Jersey Avenue SE., Mail Stop 25, 

Washington, DC 20590, (202) 493–0078, 

John.Johnson@dot.gov. 

SUPPLEMENTARY INFORMATION: 

The letter granting MTA’s request is 

quoted below: 

Mr. Richard L. Gans 

Vice President—General Counsel & Secretary 

Long Island Rail Road 

Jamaica Station 

Jamaica, NY 11435–4380 

Re: Request for Waiver of Buy America 

Requirement 

Dear Mr. Gans: 

As you are aware, on February 19, 2015, 

the New York Metropolitan Transportation 

Authority (MTA) on behalf of its commuter 

railroad subsidiaries, Long Island Rail Road 

(LIRR) and Metro-North Commuter Railroad 

Company (Metro-North), requested a waiver 

from the Federal Railroad Administration’s 

(FRA) Buy America requirement to purchase 

(a) transponders and (b) Temporary Speed 

Restriction (TSR) safety servers for use in 

LIRR’s and Metro-North’s Positive Train 

Control system (PTC). The Rail Safety 

Improvement Act of 2008 requires certain 

railroads, including LIRR and Metro-North, 

to implement a PTC system on all nonexempt 

commuter main-line tracks by December 31, 

2015. Facilitating PTC implementation is one 

of FRA’s top priorities. 

MTA requested the waiver, stating that the 

components were not produced in the U.S. 

in sufficient and reasonably available 

amounts or are not of a satisfactory quality. 

The transponders and TSR safety servers are 

manufactured in Sweden. The two nondomestic components represent 

approximately 1% of the total value of the 

PTC system integrator contracts (PTC 

Contracts). MTA values the TSR safety 

servers at less than $1 million and the 

transponders at approximately $4 million. 

Total contract costs are approximately $428 

million. For the reasons set forth below, FRA 

is granting a waiver for the purchase of the 

transponders and TSR safety servers. 

A waiver is appropriate because 

domestically-produced transponders and 

TSR safety servers meeting MTA’s technical 

and schedule requirements are not currently 

‘‘produced in sufficient and reasonably 

available amount or are not of a satisfactory 

quality.’’ Coordinating with FRA, MTA 

engaged the U.S. Department of Commerce’s 

National Institute of Standards and 

Technology’s Hollings Manufacturing 

Extension Partnership (NIST–MEP) to 

conduct market research for the transponders 

and TSR safety servers. In conducting that 

research, MTA contacted several potential 

manufacturers identified by NIST–MEP. 

None produced the transponders or TSR 

safety servers. 

On February 20, 2015, FRA provided 

public notice of this waiver request and a 15- 

day opportunity for comment on its Web site. 

FRA also emailed notice to over 6,000 

persons who have signed up for Buy America 

notices through ‘‘GovDelivery.’’ See http://

www.fra.dot.gov/Page/P0784. FRA received 

one comment, which was not responsive to 

this waiver request. FRA will publish this 

letter granting MTA’s request in the Federal 

Register and provide notice of such finding 

and an opportunity for public comment after 

which this waiver will become effective. 

Question about this letter can be directed 

to, John Johnson, Attorney-Advisor, at 

John.Johnson@dot.gov or (202) 493–0078. 

Sincerely, 

Sarah Feinberg 

Acting Administrator 


tkelley on DSK3SPTVN1PROD with NOTICES