43652 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 

MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 391.41(b)(8), 

paragraphs 3, 4, and 5.] 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. However, FMCSA was 

informed that the notice published on 

June 29, 2017, identified the driver but 

not their resident State. It has been 

corrected in this notice. 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. 

IV. Basis for Exemption Determination 

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

31315(b), FMCSA may grant an 

exemption from the epilepsy/seizure 

standard 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 June 29, 2017, Federal 

Register notice (82 FR 29624) and will 

not be repeated in this notice. 

These seven applicants have been 

seizure-free over a range of 8–36 years 

while taking anti-seizure medication 

and have 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/seizure standard 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 

seizure standard, 49 CFR 391.41(b)(11), 

subject to the requirements cited above: 

Richard A. Bailey (IA) 

Roosevelt J. Chambers (WA) 

Donnie D. Kuck (MT) 

Mark A. Parish (GA) 

Mario A. Polomares (TX) 

Rickie M. Rineer (PA) 

Timothy Wolsieffer (PA) 

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: September 8, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–19757 Filed 9–15–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0381; FMCSA– 

2014–0382; FMCSA–2015–0115] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for three 

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 anti-seizure medication to 

continue to operate CMVs in interstate 

commerce. 

DATES: The renewed exemptions were 

applicable on June 10, 2017. The 

renewed exemptions will expire on June 

10, 2019. Comments must be received 

on or before October 18, 2017. 


sradovich on DSKBBY8HB2PROD with NOTICES
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 43653 

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. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2014–0381; FMCSA–2014–0382; 

FMCSA–2015–0115 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

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 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time 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., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day 

e.t., 365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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. 

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 three 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 three applicants 

has satisfied the conditions for 

obtaining an exemption from the 

Epilepsy and Seizure Disorder 

requirements and were published in the 

Federal Register (80 FR 60744; 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 three 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: 

Monte J. DeRocini (PA) 

Teddy H. Dixon (GA) 

Bryan R. Jones (PA) 

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 


sradovich on DSKBBY8HB2PROD with NOTICES
43654 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 

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 three 

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: September 8, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–19762 Filed 9–15–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2017–0087] 

Petition for Waiver of Compliance 

Under part 211 of Title 49 Code of 

Federal Regulations (CFR), this provides 

the public notice that on August 10, 

2017, the Fort Worth Transportation 

Authority (FWTA) on behalf of TexRail 

Commuter Railroad (TEXR) petitioned 

the Federal Railroad Administration 

(FRA) for a waiver of compliance from 

certain provisions of the Federal 

railroad safety regulations for the 

purchase of eight new trainsets from 

Stadler Bussnang AG (Stadler). 

Specifically, TEXR is requesting relief 

from 49 CFR part 229, Railroad 

Locomotive Safety Standards (§ 229.47); 

49 CFR part 231, Railroad Safety 

Appliance Standards (§§ 231.14(a)(2), 

(b)–(d), (f), (g)); and 49 CFR part 238, 

Passenger Equipment Safety Standards 

(§ 238.305). FRA assigned the petition 

docket number FRA–2017–0087. 

The TexRail commuter rail system 

consists of a single rail line, running 

from Fort Worth, Texas, to the DallasFort Worth International Airport (DFW), 

a distance of 27-miles, with 9 stations. 

Service is scheduled to begin in 

December 2018. 

TexRail will purchase eight new 

FLIRT Diesel Multiple Unit (DMU) 

trainsets manufactured by Stadler in 

Salt Lake City, Utah. The delivery of 

vehicles is expected to begin in October 

2017 and end in May 2018. TexRail 

asserts that the FLIRT trainset is a 

service-proven design built to European 

design standards. It was first delivered 

to European customers in 2004. There 

are approximately 1,100 FLIRT trainsets 

in operation worldwide. TexRail 

vehicles will be the first FLIRT models 

in the United States. The new vehicles 

are designed and built to current 

European design and regulatory 

standards, which differ in several areas 

from current U.S. design standards and 

regulations. TexRail believes that the 

design characteristics of the Stadler 

FLIRT vehicles provide an equivalent or 

higher level of safety and security to the 

passengers and crew. 

TexRail has organized its regulatory 

compliance efforts into two distinct but 

related parts: Part 1 represents the 

‘‘base’’ compliance assessment effort 

(this petition) and Part 2 represents a 

separate petition to utilize Alternative 

Vehicle Technology crashworthiness 

technology as outlined in ‘‘Technical 

Criteria and Procedures for Evaluating 

the Crashworthiness and Occupant 

Protection Performance of AlternativelyDesigned Passenger Rail Equipment for 

Use in Tier I Service’’ and the recent 

notice of proposed rulemaking (NPRM) 

on Passenger Equipment Safety 

Standards; Standards for Alternative 

Compliance and High-Speed Trainsets 

(81 FR 88006, December 6, 2016). 

Noting that certain provisions in 49 CFR 

part 231 pertaining to safety appliances 

are statutorily required, and therefore 

not subject to FRA’s waiver authority, 

TEXR also requested that FRA exercise 

its authority under 49 U.S.C. 20306 to 

exempt TEXR from certain provisions of 

Chapter 203, Title 49 of the United 

States Code because the FLIRT DMU 

vehicles will be equipped with their 

own array of safety devices resulting in 

equivalent safety. 

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 U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue 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 new 

hearing. If any interested parties desire 

an opportunity for oral comment and a 

public hearing, 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 

November 2, 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.). 

In accordance with 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. 

Robert C. Lauby, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2017–19687 Filed 9–15–17; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2013–0095] 

Notice of Application for Approval To 

Discontinue or Modify a Railroad 

Signal System 

Under part 235 of Title 49 of the Code 

of Federal Regulations (CFR) and 49 

U.S.C. 20502(a), this provides the public 

notice that on July 27, 2017, the 

Grenada Railroad, LLC (GRYR) 

petitioned the Federal Railroad 

Administration (FRA) seeking extension 


sradovich on DSKBBY8HB2PROD with NOTICES