Limitation on Claims Against Proposed Public Transportation Projects, 34679-34680 [2018-15531]

Download as PDF Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices In addition to the regulations, FMCSA has published advisory criteria 1 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.] daltland on DSKBBV9HB2PROD with NOTICES III. Discussion of Comments FMCSA received one comment in this proceeding. Vicky Johnson, an employee of the Minnesota Department of Public Safety (DPS), stated that the Minnesota DPS has no objections in the granting of an exemption to Jesse Hansen. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the epilepsy and seizure disorder prohibition 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 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID= e47b48a9ea42dd67d999246e23d97970& mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_ 171.a and https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5part391-appA.pdf. VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 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 May 24, 2018 Federal Register notice (83 FR 24153) and will not be repeated in this notice. These seven applicants have been seizure-free over a range of 22 years while taking anti-seizure medication and 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 and seizure disorder prohibition 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 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 34679 exempts the following drivers from the epilepsy and seizure disorder prohibition, 49 CFR 391.41(b)(8), subject to the requirements cited above: Scott D. DeJarnette (KY) James R. Grant (NH) Jesse Hansen (MN) Troy L. Nichols (IL) Nick J. Ramirez (CA) Scott A. Ready, Sr. (WI) Michael A. Warren (MI) 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: July 13, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–15545 Filed 7–19–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Limitation on Claims Against Proposed Public Transportation Projects Federal Transit Administration (FTA), DOT. ACTION: Notice. AGENCY: This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for the Santa Clara Valley Transportation Authority’s (VTA’s) Bay Area Rapid Transit (BART) Silicon Valley Phase II Extension project in Santa Clara County, California. The project will extend the BART system ´ from the Berryessa/North San Jose ´ Station through downtown San Jose to the Santa Clara Caltrain Station. The project will include design, construction, and future operation of a six-mile transit extension consisting of a five-mile-long single-bore tunnel; three ´ transit stations in the City of San Jose, one transit station and a maintenance facility in the City of Santa Clara, and two ventilation structures along the alignment. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject project and to activate the limitation on any claims that may challenge this final environmental action. SUMMARY: E:\FR\FM\20JYN1.SGM 20JYN1 34680 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices By this notice, FTA is advising the public of final agency actions subject to 23 U.S.C. 139(l) . A claim seeking judicial review of FTA actions announced herein for the listed public transportation project will be barred unless the claim is filed on or before December 17, 2018. FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353–2577, or Alan Tabachnick, Environmental Protection Specialist, Office of Environmental Programs, (202) 366–8541. FTA is located at 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken final agency action by issuing a certain approval for the public transportation project listed below. The actions on the project, as well as the laws under which such actions were taken, are described in the documentation issued in connection with the project to comply with the National Environmental Policy Act (NEPA) and in other documents in the FTA administrative record for the project. Interested parties may contact either the project sponsor or the FTA Regional Office for more information. Contact information for FTA’s Regional Offices may be found at https:// www.fta.dot.gov. This notice applies to all FTA decisions on the listed project as of the issuance date of this notice and all laws under which such actions were taken, including NEPA [42 U.S.C. 4321–4375], Section 4(f) requirements [23 U.S.C. 138, 49 U.S.C. 303], Section 106 of the National Historic Preservation Act [16 U.S.C. 470f], and the Clean Air Act [42 U.S.C. 7401–7671q]. This notice does not, however, alter or extend the limitation period for challenges of project decisions subject to previous notices published in the Federal Register. The project and action that is the subject of this notice follow: Project name and location: Santa Clara Valley Transportation Authority’s Bay Area Rapid Transit (BART) Silicon Valley Phase II Extension from the ´ Berryessa/North San Jose Station to the Santa Clara Caltrain Station, in Santa Clara County, California. Project Sponsor: The Santa Clara Valley Transportation Authority (VTA). Project description: VTA’s BART Silicon Valley Program consists of a 16mile extension of the BART system from BART’s existing Warm Springs/South Fremont Station in southern Fremont in Alameda County into Santa Clara daltland on DSKBBV9HB2PROD with NOTICES DATES: VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 County through the Cities of Milpitas, ´ San Jose, and Santa Clara. VTA’s BART Silicon Valley Program is being implemented in two phases, the Phase I Project (Berryessa Extension) and the Phase II Project (Silicon Valley Extension). The Phase I Project is a 10mile extension from the existing Warm Springs/South Fremont Station to the ´ Berryessa/North San Jose Station in the ´ City of San Jose. In 2010, FTA issued a Record of Decision (ROD) for the Phase I Project, which is currently under construction and scheduled to be open in late 2018. The Phase II Project consists of the remaining approximately six-mile extension of VTA’s BART Silicon Valley Program, and is the subject of this limitation on claims notice. The Phase II Project was the subject of VTA’s BART Silicon Valley Phase II Extension Project Final Supplemental Environmental Impact Statement/Subsequent Environmental Impact Report and Section 4(f) Evaluation (SEIS/SEIR), dated February 2018, which included both NEPA and California Environmental Quality Act (CEQA) analyses. The project will consist of the design, construction and operation of approximately six miles of new double-track light rail transit to extend the BART system from the ´ Berryessa/North San Jose Station ´ through downtown San Jose to the Santa Clara Caltrain Station. The Notice of Availability for the Final Environmental Impact Statement for Phase I and II Projects was published in 2010. Final agency actions: Section 4(f) determination, dated February 2018; Section 106 Programmatic Agreement dated May 9, 2018; project-level air quality conformity; and Record of Decision, dated June 4, 2018. Supporting documentation: VTA’s BART Silicon Valley Phase II Extension Project Draft Supplemental Environmental Impact Statement/ Subsequent Environmental Impact Report and Draft Section 4(f) Evaluation dated December 2016. Elizabeth S. Riklin, Deputy Associate Administrator for Planning and Environment. [FR Doc. 2018–15531 Filed 7–19–18; 8:45 am] BILLING CODE P PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2018–0110] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TIMELESS; Invitation for Public Comments Maritime Administration, DOT. Notice. AGENCY: ACTION: The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before August 20, 2018. ADDRESSES: Comments should refer to docket number MARAD–2018–0110. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. You may also send comments electronically via the internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–453, Washington, DC 20590. Telephone 202– 366–9309, Email Bianca.carr@dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel TIMELESS is: —Intended Commercial Use of Vessel: ‘‘Passenger Charter’’ —Geographic Region: ‘‘Florida, Georgia, North Carolina, South Carolina’’ The complete application is given in DOT docket MARAD–2018–0110 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part SUMMARY: E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34679-34680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15531]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Limitation on Claims Against Proposed Public Transportation 
Projects

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) for the Santa Clara Valley 
Transportation Authority's (VTA's) Bay Area Rapid Transit (BART) 
Silicon Valley Phase II Extension project in Santa Clara County, 
California. The project will extend the BART system from the Berryessa/
North San Jos[eacute] Station through downtown San Jos[eacute] to the 
Santa Clara Caltrain Station. The project will include design, 
construction, and future operation of a six-mile transit extension 
consisting of a five-mile-long single-bore tunnel; three transit 
stations in the City of San Jos[eacute], one transit station and a 
maintenance facility in the City of Santa Clara, and two ventilation 
structures along the alignment. The purpose of this notice is to 
announce publicly the environmental decisions by FTA on the subject 
project and to activate the limitation on any claims that may challenge 
this final environmental action.

[[Page 34680]]


DATES: By this notice, FTA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l) . A claim seeking judicial review 
of FTA actions announced herein for the listed public transportation 
project will be barred unless the claim is filed on or before December 
17, 2018.

FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief 
Counsel, Office of Chief Counsel, (312) 353-2577, or Alan Tabachnick, 
Environmental Protection Specialist, Office of Environmental Programs, 
(202) 366-8541. FTA is located at 1200 New Jersey Avenue SE, 
Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken 
final agency action by issuing a certain approval for the public 
transportation project listed below. The actions on the project, as 
well as the laws under which such actions were taken, are described in 
the documentation issued in connection with the project to comply with 
the National Environmental Policy Act (NEPA) and in other documents in 
the FTA administrative record for the project. Interested parties may 
contact either the project sponsor or the FTA Regional Office for more 
information. Contact information for FTA's Regional Offices may be 
found at https://www.fta.dot.gov.
    This notice applies to all FTA decisions on the listed project as 
of the issuance date of this notice and all laws under which such 
actions were taken, including NEPA [42 U.S.C. 4321-4375], Section 4(f) 
requirements [23 U.S.C. 138, 49 U.S.C. 303], Section 106 of the 
National Historic Preservation Act [16 U.S.C. 470f], and the Clean Air 
Act [42 U.S.C. 7401-7671q]. This notice does not, however, alter or 
extend the limitation period for challenges of project decisions 
subject to previous notices published in the Federal Register. The 
project and action that is the subject of this notice follow:
    Project name and location: Santa Clara Valley Transportation 
Authority's Bay Area Rapid Transit (BART) Silicon Valley Phase II 
Extension from the Berryessa/North San Jos[eacute] Station to the Santa 
Clara Caltrain Station, in Santa Clara County, California.
    Project Sponsor: The Santa Clara Valley Transportation Authority 
(VTA).
    Project description: VTA's BART Silicon Valley Program consists of 
a 16-mile extension of the BART system from BART's existing Warm 
Springs/South Fremont Station in southern Fremont in Alameda County 
into Santa Clara County through the Cities of Milpitas, San 
Jos[eacute], and Santa Clara. VTA's BART Silicon Valley Program is 
being implemented in two phases, the Phase I Project (Berryessa 
Extension) and the Phase II Project (Silicon Valley Extension). The 
Phase I Project is a 10-mile extension from the existing Warm Springs/
South Fremont Station to the Berryessa/North San Jos[eacute] Station in 
the City of San Jos[eacute]. In 2010, FTA issued a Record of Decision 
(ROD) for the Phase I Project, which is currently under construction 
and scheduled to be open in late 2018. The Phase II Project consists of 
the remaining approximately six-mile extension of VTA's BART Silicon 
Valley Program, and is the subject of this limitation on claims notice. 
The Phase II Project was the subject of VTA's BART Silicon Valley Phase 
II Extension Project Final Supplemental Environmental Impact Statement/
Subsequent Environmental Impact Report and Section 4(f) Evaluation 
(SEIS/SEIR), dated February 2018, which included both NEPA and 
California Environmental Quality Act (CEQA) analyses. The project will 
consist of the design, construction and operation of approximately six 
miles of new double-track light rail transit to extend the BART system 
from the Berryessa/North San Jos[eacute] Station through downtown San 
Jos[eacute] to the Santa Clara Caltrain Station. The Notice of 
Availability for the Final Environmental Impact Statement for Phase I 
and II Projects was published in 2010.
    Final agency actions: Section 4(f) determination, dated February 
2018; Section 106 Programmatic Agreement dated May 9, 2018; project-
level air quality conformity; and Record of Decision, dated June 4, 
2018.
    Supporting documentation: VTA's BART Silicon Valley Phase II 
Extension Project Draft Supplemental Environmental Impact Statement/
Subsequent Environmental Impact Report and Draft Section 4(f) 
Evaluation dated December 2016.

Elizabeth S. Riklin,
Deputy Associate Administrator for Planning and Environment.
[FR Doc. 2018-15531 Filed 7-19-18; 8:45 am]
 BILLING CODE P