39946 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices 

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. 

I. Background 

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

FMCSA may grant an exemption for two 

years 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 two-year period. 

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 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 five individuals listed in this 

notice have requested renewal of their 

exemptions from the Epilepsy and 

Seizure Disorders prohibition in 49 CFR 

391.41(b)(8), in accordance with 

FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable two-year period. 

II. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

III. Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application. 

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

and 31315, each of the five applicants 

has satisfied the conditions for 

obtaining an exemption from the 

Epilepsy and Seizure Disorder 

requirements and were published in the 

Federal Register 78 FR 41979, 80 FR 

55164, 80 FR 57034. In addition, for 

Commercial Driver’s License (CDL) 

holders, the Commercial Driver’s 

License Information System (CDLIS) 

and the Motor Carrier Management 

Information System (MCMIS) are 

searched for crash and violation data. 

For non-CDL holders, the Agency 

reviews the driving records from the 

State Driver’s Licensing Agency (SDLA). 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to safely operate a CMV in 

interstate commerce. 

The five drivers in this notice remain 

in good standing with the Agency, have 

maintained their medical monitoring 

and have not exhibited any medical 

issues that would compromise their 

ability to safely operate a CMV during 

the previous two-year exemption 

period. FMCSA has concluded that 

renewing the exemptions for each of 

these applicants is likely to achieve a 

level of safety equal to that existing 

without the exemption. Therefore, 

FMCSA has decided to renew each 

exemption for a two-year period for the 

following applicants: 

Prince Austin, Jr. (OH) 

Frank Cekovic (PA) 

Martin L. Ford (MS) 

Roger Green (PA) 

Michael R. Weymouth (NH) 

IV. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (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. The exemption 

will be rescinded if: (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 before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. 

V. 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. 

VI. Conclusion 

Based upon its evaluation of the five 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the Epilepsy and Seizure 

Disorders requirement in 49 CFR 391.41 

(b)(8). In accordance with 49 U.S.C. 

31136(e) and 31315, each exemption 

will be valid for two years unless 

revoked earlier by FMCSA. 

Issued on: August 10, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–17721 Filed 8–21–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2001–10654] 

Petition for Waiver of Compliance 

Under part 211 of Title 49 of the Code 

of Federal Regulations (CFR), this 

document provides the public notice 

that on July 13, 2017, the Association of 

American Railroads (AAR) has 

petitioned the Federal Railroad 

Administration (FRA) for an extension 

and expansion of an existing waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 213. FRA 

assigned the petition docket number 

FRA–2001–10654. 

AAR, on behalf of its member 

railroads, received permission from FRA 

to operate trains at Class 5 speeds over 

‘‘heavy-point’’ frogs (HPF) with guard 

check gages conforming to the standards 

for Class 4 track frogs on April 22, 2003. 

AAR requested and was granted two 

extensions, dated February 25, 2008 and 

January 18, 2013. The current waiver 

will expire on January 18, 2018. 

In the current petition, AAR requests 

an extension of the existing relief from 

49 CFR 213.143—Frog guard rails and 

guard faces; gage, to continue operating 

trains at FRA Class 5 speeds over HPF 

with guard-check gage conforms to the 

standards prescribed for FRA Class 4 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices 39947 

track frog guard check and face gage 

dimensions. In addition, AAR is 

requesting that FRA amend the waiver 

to include relief from 49 CFR 213.355— 

Frog guard rails and guard faces; gage 

to allow trains to operate at Class 6 

speeds over HPF designs with guardcheck gages conforming to the standards 

for Class 4 track frog guard check and 

face gage dimensions. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the Department of Transportation’s 

Docket Operations Facility, 1200 New 

Jersey Ave. SE., W12–140, Washington, 

DC 20590. The Docket Operations 

Facility is open from 9 a.m. to 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by October 

6, 2017 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered if practicable. 

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 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. 

Issued in Washington, DC, on August 17, 

2017. 

John Karl Alexy, 

Director, Office of Safety Analysis. 

[FR Doc. 2017–17738 Filed 8–21–17; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Pilot Program for Nonprofit 

Cooperative Procurements 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice; request for expressions 

of interest to participate. 

SUMMARY: The Federal Transit 

Administration (FTA) announces the 

establishment of the Pilot Program for 

Nonprofit Cooperative Procurements 

(Pilot Program) and solicits expressions 

of interest from eligible nonprofit 

entities to participate. The Pilot Program 

is aimed at increasing innovation, 

promoting efficiency, and 

demonstrating the effectiveness of 

cooperative procurement contracts for 

rolling stock and related equipment 

administered by eligible nonprofit 

entities. 

DATES: Expressions of interest to become 

one of the selected nonprofit entities in 

the Pilot Program for Nonprofit 

Cooperative Procurements must be 

received by October 23, 2017. 

ADDRESSES: Expressions of interest may 

be submitted via U.S. mail, electronic 

mail, or fax. Mail submissions must be 

addressed to the Office of Acquisition 

Management, Federal Transit 

Administration, 1200 New Jersey 

Avenue SE., Room E42–332, 

Washington, DC 20590. Email 

submissions must be sent to 

NonprofitPilotProgram@dot.gov. 

Facsimile submissions must be 

submitted to the attention of Nonprofit 

Pilot Program at 817–978–0575. If there 

is an insufficient number of eligible 

nonprofit entities that meet the 

requirements of the Pilot Program, FTA 

may solicit additional interest in the 

future. 

FOR FURTHER INFORMATION CONTACT: For 

program matters, James Harper, FTA 

Office of Acquisition Management, 

telephone (202) 366–1127 or email 

James.Harper@dot.gov. For legal 

matters, Eldridge Onco, FTA Office of 

Chief Counsel, telephone (817) 978– 

0557 or email Eldridge.Onco@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Pilot Program Description 

III. Eligibility Information 

IV. Expression of Interest Submission Process 

V. Application Review 

VI. Pilot Program Administration 

I. Background 

Section 3019 of the Fixing America’s 

Surface Transportation (FAST) Act, 

Public Law 114–94, permits FTA 

grantees to purchase rolling stock and 

related equipment from cooperative 

procurement contracts entered into by 

either a State government or an eligible 

nonprofit entity and 1 or more vendors. 

Section 3019 was designed to address 

the high purchasing costs attributable to 

the relatively small size of the 

procurements for rolling stock and 

related equipment, particularly for small 

and rural public transportation 

providers. Many States currently have 

authority to enter into cooperative 

purchasing contracts, also known as 

‘‘state schedules.’’ However, such 

authority was not previously extended 

to nonprofit entities. 

The statute creates a pilot program to 

demonstrate the effectiveness of 

cooperative procurement contracts 

administered by nonprofit entities. 

These contracts are intended to be 

separate from State cooperative 

purchasing contracts and provide 

another opportunity for public 

transportation systems of all sizes to 

enhance their purchasing options. 

II. Pilot Program Description 

Section 3019(b)(3) establishes a Pilot 

Program to demonstrate the 

effectiveness of cooperative 

procurement contracts administered by 

eligible nonprofit entities. The objective 

of this innovative procurement 

approach is to enhance the purchasing 

options for all public transportation 

systems. FTA plans to assess the 

benefits and effectiveness of the Pilot 

Program to assist grantees in developing 

more efficient and innovative 

approaches to acquiring rolling stock 

and related equipment. 

A cooperative procurement contract 

in the Pilot Program means a contract 

between an eligible nonprofit entity and 

1 or more vendors under which the 

vendors agree to provide an option to 

purchase rolling stock and related 

equipment to multiple grantee 

participants. Where permitted by State 


sradovich on DSK3GMQ082PROD with NOTICES