33470 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices 

Frequency: As required by regulation. 

Estimated Average Burden per 

Response: Varies per requirement. 

Estimated Total Annual Burden: 

5,393.75 Hours. 

Issued in Washington, DC, on June 21, 

2021. 

Sandra L. Ray, 

Aviation Safety Inspector. AFS–270. 

[FR Doc. 2021–13253 Filed 6–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of limitation on claims 

for judicial review of actions by the 

California Department of Transportation 

(Caltrans). 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans that 

are final within the meaning of 23 

U.S.C. 139(l)(1). The actions relate to the 

proposed Eastbound (EB) State Route 91 

(SR–91) Atlantic Ave. to Cherry Ave. 

Auxiliary Lane Improvements Project on 

SR–91 at post mile R11.8 to R13.2 

within the County of Los Angeles, State 

of California. Those actions grant 

licenses, permits, and approvals for the 

project. 

DATES: By this notice, the FHWA, on 

behalf of Caltrans, is advising the public 

of final agency actions subject to 23 

U.S.C. 139(l)(1). A claim seeking 

judicial review of the Federal agency 

actions on the highway project will be 

barred unless the claim is filed on or 

before November 22, 2021. If the Federal 

law that authorizes judicial review of a 

claim provides a time period of less 

than 150 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: For 

Caltrans: Thoa Le, Senior 

Environmental Planner, Division of 

Environmental Planning, California 

Department of Transportation—District 

7, 100 South Main Street, Los Angeles, 

CA 90012. Office hours: 8 a.m. to 5 p.m., 

telephone: (213) 266–6875, email: 

D07.91AtlanticToCherry@dot.ca.gov. 

For FHWA, contact David Tedrick at 

(916) 498–5024 or email david.tedrick@

dot.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, FHWA assigned, and the 

Caltrans assumed, environmental 

responsibilities for this project pursuant 

to 23 U.S.C. 327. Notice is hereby given 

that the Caltrans, has taken final agency 

actions subject to 23 U.S.C. 139(l)(1) by 

issuing licenses, permits, and approvals 

for the following highway project in the 

State of California: The Los Angeles 

County Metropolitan Transportation 

Authority (Metro), in cooperation with 

the Gateway Cities Council of 

Governments and Caltrans proposes to 

develop and implement an auxiliary 

lane on EB SR–91 within a 1.4-mile 

segment from the southbound Interstate 

710 interchange connector to EB SR–91, 

to Cherry Avenue to enhance safety 

conditions, reduce congestion, and 

improve freeway operations. The 

actions by the Federal agencies, and the 

laws under which such actions were 

taken, are described in the Final Initial 

Study (IS)/Environmental Assessment 

(EA) with Mitigated Negative 

Declaration (MND)/Finding of No 

Significant Impact (FONSI) approved on 

May 24, 2021, and in other documents 

in the FHWA project records. The Final 

IS/EA with MND/FONSI, and other 

project records are available by 

contacting Caltrans at the addresses 

provided above. The Caltrans Final IS/ 

EA with MND/FONSI can be viewed 

and downloaded from Reports menu on 

the project website at: https://

www.metro.net/projects/i-605-corridorhot-spots-program/SR-91-early-actionprojects/ or viewed at Michelle Obama 

Neighborhood Library in the city of 

Long Beach. This notice applies to all 

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) National Environmental Policy Act 

(NEPA) of 1969; 

(2) Federal Aid Highway Act of 1970; 

(3) U.S. EPA Section 404(b)(1) 

Guidelines (40 Code of Federal 

Regulations [CFR] 230); 

(4) Clean Air Act Amendments of 

1990 (CAAA); 

(5) Clean Water Act of 1977 and 1987; 

(6) Federal Water Pollution Control 

Act of 1972 (see Clean Water Act of 

1977 & 1987); 

(7) Safe Drinking Water Act of 1944, 

as amended; 

(8) Endangered Species Act of 1973; 

(9) Executive Order 13112, Invasive 

Species; 

(10) Migratory Bird Treaty Act; 

(11) Fish and Wildlife Coordination 

Act of 1934, as amended; 

(12) Coastal Zone Management Act of 

1972; 

(13) Title VI of the Civil Rights Act of 

1964, as amended. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: June 15, 2021. 

Rodney Whitfield, 

Director, Financial Services, Federal Highway 

Administration, California Division. 

[FR Doc. 2021–13444 Filed 6–23–21; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0025] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from four 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 26, 2021. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2021–0025 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2021–0025, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click on the ‘‘Comment’’ button. 

Follow the online instructions for 

submitting comments. 

• Mail: Dockets Operations; 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 


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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices 33471 

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. 

New Jersey Avenue SE, Washington, 

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

Monday through Friday, except Federal 

Holidays. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

Office hours are 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. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2021–0025), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 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 

www.regulations.gov/docket?D=FMCSA2021–0025. Next, sort the results by 

‘‘Posted (Newer-Older),’’ choose the first 

notice listed, click the ‘‘Comment’’ 

button, and type your comment into the 

text box on the following screen. Choose 

whether you are submitting your 

comment as an individual or on behalf 

of a third party and then submit. 

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, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

B. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2021–0025, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘Browse Comments.’’ 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. 

C. 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.transportation.gov/privacy. 

II. Background 

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

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-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 5-year 

period. FMCSA grants medical 

exemptions from the FMCSRs for a 2- 

year period to align with the maximum 

duration of a driver’s medical 

certification. 

The four 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 

§ 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 (MEs) in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

The criteria states that if an individual 

has had a sudden episode of a nonepileptic 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 ME 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 anti-seizure medication is 

not required, then the driver may be 

qualified. 

In those individual cases where a 

driver has 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 5-year period or more. 

As a result of MEs 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 ME 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 


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33472 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices 

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 that time, the Agency has 

published additional notices granting 

requests from individuals for 

exemptions from the regulatory 

requirement regarding epilepsy found in 

§ 391.41(b)(8). 

To be considered for an exemption 

from the epilepsy and seizure disorders 

prohibition in § 391.41(b)(8), applicants 

must meet the criteria in the 2007 

recommendations of the Agency’s 

Medical Expert Panel (78 FR 3069). 

III. Qualifications of Applicants 

Charles Anthony 

Mr. Anthony is a 44 year-old class D 

driver’s license holder in North Dakota. 

He has a history of epilepsy and has 

been seizure free since 2006. He takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

1991. His physician states that he is 

supportive of Mr. Anthony receiving an 

exemption. 

Jeffrey Douglass 

Mr. Douglass is a 40 year-old class B 

CDL holder in Maine. He has a history 

of partial complex epilepsy and has 

been seizure free since April 2010. He 

takes anti-seizure medication with the 

dosage and frequency remaining the 

same since April 2010. His physician 

states that he is supportive of Mr. 

Douglass receiving an exemption. 

Phillip Halfmann 

Mr. Halfmann is a 30 year-old class 

DM driver’s license holder in 

Wisconsin. He has a history of seizure 

and has been seizure free since 2011. He 

is currently not taking any anti-seizure 

medications and has not been 

prescribed anti-seizure medication since 

2011. His physician states that he is 

supportive of Mr. Halfmann receiving 

an exemption. 

Christopher Nonnenkamp 

Mr. Nonnenkamp is a 47 year-old 

class E driver’s license holder in 

Missouri. He has a history of 

generalized idopathic epilepsy and has 

been seizure free since 2010. He takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

2010. His physician states that he is 

supportive of Mr. Nonnenkamp 

receiving an exemption. 

IV. Request for Comments 

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

and 31315(b), 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 

under the DATES section of the notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–13389 Filed 6–23–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2021–0064] 

Petition for Approval: Alaska Railroad 

Corporation Approval Extension 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of conditional approval. 

SUMMARY: FRA is issuing this notice of 

conditional approval to Alaska Railroad 

Corporation (ARRC) in response to its 

August 29, 2020, petition to extend 

FRA’s approval authorizing ARRC’s 

transport of Liquefied Natural Gas 

(LNG) by rail in cryogenic portable 

tanks (T75, UN cryogenic portable tanks 

or cryogenic ISO tanks). 

DATES: Comments are requested no later 

than August 23, 2021. FRA will 

consider comments received after that 

date to the extent possible, without 

incurring additional expense or delay. 

ADDRESSES: All communications 

concerning these proceedings should 

identify the appropriate docket number 

and may be submitted by any of the 

following methods: 

• Website: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: hmassist@dot.gov. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 

inform its processes. 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 https://

www.transportation.gov/privacy. See 

also https://www.regulations.gov/ 

privacyNotice for the privacy notice of 

regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mark Maday, Staff Director—Hazardous 

Materials Division, Office of Railroad 

Safety, FRA, telephone: (202) 493–0479 

or email: Mark.Maday@dot.gov. 

SUPPLEMENTARY INFORMATION: On August 

29, 2020, ARRC petitioned FRA for an 

extension of an Approval granted by the 

Associate Administrator for Railroad 

Safety in accordance with 49 CFR 

174.63 of the Hazardous Materials 

Regulations. FRA assigned the petition 

Docket Number FRA–2021–0064. 

Specifically, ARRC sought extension 

of the approval issued under § 174.63 to 

transport Methane, refrigerated liquid, 

UN 1972, Division 2.1 (Flammable gas), 

also commonly referred to as LNG, by 

rail in UN cryogenic portable tanks 

secured on flat cars via the following 

routes: (1) Mainline service between 

Seward, AK and Fairbanks, AK, and (2) 

branch line service of approximately 12 

miles between the Port of Whittier, AK, 

and milepost 64.3 of the ARRC 

mainline. 

ARRC notes in its petition that it has 

not begun to commercially transport 

LNG under the terms of its approval. 

However, in its petition ARRC also 

notes that there is still a need for a clean 

and affordable energy source for interior 

Alaska. As a state-owned railroad 

operating under a statutory mandate to 

provide safe, efficient, and economical 

transportation to meet the overall needs 

of the state and its citizens, the ARRC 

is positioned to facilitate the solution. 

Additionally, ARRC suggests that 

demand for natural gas transportation is 

increasing, citing the recent installation 

of a 5.2-million-gallon storage tank by 

the natural gas distributor in Fairbanks, 

AK. ARRC describes ongoing business 

negotiations and developments that 

could soon result in opportunities to 

move LNG commercially by rail. 

Finally, ARRC projects that once 

commercial operations commence 

under the terms of the approval, there 

may be a need to move as much as 60 

portable tanks of product every 4 days, 

utilizing two portable tanks per flatcar 

and a maximum of 30 flatcars per train. 

FRA first granted ARRC’s petition in 

2015. FRA’s safety assessment was 

based upon detailed information 

provided by the ARRC, including results 

of assessments that were conducted by 

ARRC and evaluated by FRA technical 

experts for the routes over which LNG 

would be moved. In 2017, FRA 

modified the approval to expand the 

authorization to include the additional 

12-mile branch line route from Port of 


khammond on DSKJM1Z7X2PROD with NOTICES