47314 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 

interstate CMV drivers (78 FR 47818; 78 

FR 63307; 80 FR 59225): 

Larry E. Blakely (GA) 

Britt A. Green (ND) 

Arlene S. Kent (NH) 

Willie L. Murphy (IN) 

Joseph J. Pudlik (IL) 

Jeffrey R. Swett (SC) 

Brian C. Tate (VA) 

The drivers were included in docket 

number FMCSA–2013–0165. Their 

exemptions are applicable as of October 

23, 2017, and will expire on October 23, 

2019. 

As of October 24, 2017, and in 

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

31315, the following 14 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (64 FR 27027; 64 

FR 51568; 66 FR 30502; 66 FR 41654; 

66 FR 48504; 68 FR 44837; 68 FR 54775; 

70 FR 30999; 70 FR 41811; 70 FR 46567; 

70 FR 48797; 70 FR 53412; 70 FR 61493; 

72 FR 39879; 72 FR 40359; 72 FR 52421; 

72 FR 54971; 72 FR 62896; 74 FR 34074; 

74 FR 41971; 74 FR 43221; 74 FR 49069; 

76 FR 55467; 76 FR 62143; 78 FR 77782; 

80 FR 59225): 

Calvin D. Atwood (NM) 

Andrew B. Clayton (TN) 

William P. Doolittle (MO) 

Richard L. Gagnebin (KS) 

Jonathan M. Gentry (TN) 

Benny D. Hatton, Jr. (NY) 

Robert W. Healey, Jr. (NJ) 

Nathaniel H. Herbert, Jr. (PA) 

Thomas W. Markham (MN) 

Kevin L. Moody (OH) 

Charles W. Mullenix (GA) 

Garry L. Rogers (CO) 

Gary M. Wolff (IL) 

John C. Young (VA) 

The drivers were included in one of 

the following docket numbers: FMCSA– 

1999–5578; FMCSA–2001–9561; 

FMCSA–2005–21254; FMCSA–2005– 

21711; FMCSA–2007–27897. Their 

exemptions are applicable as of October 

24, 2017, and will expire on October 24, 

2019. 

As of October 30, 2017, and in 

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

31315, the following seven individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (64 FR 68195; 65 

FR 20251; 67 FR 17102; 68 FR 52811; 

68 FR 61860; 70 FR 61165; 71 FR 63379; 

72 FR 1050; 74 FR 49069; 74 FR 53581; 

76 FR 64171; 78 FR 68137; 80 FR 

59225): 

James D. Davis (OH) 

Dewayne E. Harms (IL) 

David F. LeClerc (MN) 

Jesse L. Townsend (LA) 

Humberto A. Valles (TX) 

James A. Welch (NH) 

Michael E. Yount (ID) 

The drivers were included in one of 

the following docket numbers: FMCSA– 

1999–6480; FMCSA–2003–15892; 

FMCSA–2006–26066. Their exemptions 

are applicable as of October 30, 2017, 

and will expire on October 30, 2019. 

As of October 31, 2017, and in 

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

31315, the following four individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (76 FR 55465; 76 

FR 67246; 78 FR 77782; 80 FR 59225: 

Darrell G. Anthony (TX) 

Harold L. Pearsall (PA) 

Phillip M. Pridgen, Sr. (MD) 

Gerald D. Stidham (CO) 

The drivers were included in docket 

number FMCSA–2011–0189. Their 

exemptions are applicable as of October 

31, 2017, and will expire on October 31, 

2019. 

IV. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) Each 

driver must undergo an annual physical 

examination (a) by an ophthalmologist 

or optometrist who attests that the 

vision in the better eye continues to 

meet the requirements in 49 CFR 

391.41(b)(10), and (b) by a certified 

Medical Examiner, as defined by 49 CFR 

390.5, who attests that the driver is 

otherwise physically qualified under 49 

CFR 391.41; (2) each driver must 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the Medical 

Examiner at the time of the annual 

medical examination; and (3) 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 if he/her 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 86 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the vision requirement in 

49 CFR 391.41(b)(10), subject to the 

requirements cited above. 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: October 2, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–21895 Filed 10–10–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0050; FMCSA– 

2012–0294; FMCSA–2013–0106; FMCSA– 

2014–0214; FMCSA–2014–0216; FMCSA– 

2014–0381; FMCSA–2015–0115; FMCSA– 

2015–0116; FMCSA–2015–0117] 

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 12 

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 exemptions were applicable 

on September 12, 2017. The exemptions 

expire on September 12, 2019. 

Comments must be received on or 

before November 13, 2017. 

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, 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47315 

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– 

2012–0050; FMCSA–2012–0294; 

FMCSA–2013–0106; FMCSA–2014– 

0214; FMCSA–2014–0216; FMCSA– 

2014–0381; FMCSA–2015–0115; 

FMCSA–2015–0116; FMCSA–2015– 

0117 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., e.t., 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 five 

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 five-year period. FMCSA grants 

exemptions from the FMCSRs for a twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

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 12 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 

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

and 31315, each of the 12 applicants has 

satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition. The 12 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. 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. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

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

and 31315, each driver has received a 

renewed exemption. 

As of September 12, 2017, and in 

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

31315, the following 12 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers: 

Ronald Boogay, (NJ) 

Todd W. Brock, (CO) 

Matthew J. Chizek, (WI) 

Paul E. Granger, (MI) 

Jason C. Kirkham, (WI) 

Michael K. Lail, (NC) 

Ivan M. Martin, (PA) 

Charles A. McCarthy, III, (MA) 

Douglas S. Slagel, (OH) 

William L. Swann, (MD) 

Cory R. Wagner, (IL) 

Timothy M. Zahratka, (MN) 

The drivers were included in docket 

numbers FMCSA–2012–0050; FMCSA– 

2012–0294; FMCSA–2013–0106; 

FMCSA–2014–0214; FMCSA–2014– 

0216; FMCSA–2014–0381; FMCSA– 

2015–0115; FMCSA–2015–0116; 

FMCSA–2015–0117. Their exemptions 

are applicable as of September 12, 2017, 

and will expire on September 12, 2019. 

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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
47316 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 

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 12 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the epilepsy and seizure 

disorders prohibition 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: October 2, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–21879 Filed 10–10–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2017–0096] 

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 September 1, 2017, 

Norfolk Southern Corporation (NS) 

petitioned the Federal Railroad 

Administration (FRA) seeking approval 

to discontinue or modify a signal 

system. FRA assigned the petition 

Docket Number FRA–2017–0096. 

Applicant: Norfolk Southern 

Corporation, Mr. B.L. Sykes, Chief 

Engineer C&S Engineering, 1200 

Peachtree Street NE., Atlanta, GA 30309. 

NS seeks the discontinuance of 

control point BV&E located at milepost 

(MP) H–260.3 between Rutland Jct. MP 

H–197.00 and Smithville, GA MP H– 

275.0 on the Albany District, Georgia 

Division, Americus, GA. 

NS will replace the power-operated 

switch with a hand-operated switch 

protected by a switch circuit controller 

and derail. The current controlled 

signals will be replaced with automatic 

signals. 

NS states the reason for the proposed 

change is that train operations in this 

area no longer support the need for the 

power-operated switch due to the 

limited number of movements that 

would require the switch to be in the 

reverse position. NS has also 

discontinued the use of the former 0- 

Line that ties into the main track and is 

made inaccessible at the approach 

signal to BV&E Jct. 

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 

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 27, 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. 

Robert C. Lauby, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2017–21867 Filed 10–10–17; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2007–29238] 

Petition for Waiver of Compliance 

Under part 211 of Title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on September 19, 2017, Mount 

Vernon Terminal Railway (MVT) 

petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 223. FRA 

assigned the petition Docket Number 

FRA–2007–29238. 

Specifically, MVT seeks an extension 

of its existing waiver of compliance 

from the glazing requirements of 49 CFR 

223.11, for one of its locomotives, MVT 

1200. MVT states that locomotive MVT 

1200 is used two to three times per 

week for a total of approximately two 

hours per week at speeds not exceeding 

10 miles per hour. MVT 1200 is used 

exclusively for switching operations 

within yard limits, which includes 

about 0.5 miles of main track and 0.5 

miles of side tracks and spurs. 

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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES