Petition for Waiver of Compliance, 80223-80224 [2020-27270]

Download as PDF Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 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. jbell on DSKJLSW7X2PROD with NOTICES 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 2year period to align with the maximum duration of a driver’s medical certification. The three 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 1 These 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. VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 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 5year 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 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). PO 00000 Frm 00234 Fmt 4703 Sfmt 4703 80223 III. Qualifications of Applicants Dylan C. Hill Mr. Hill is a 25-year old Commercial Learner’s Permit holder in Kansas. He has a history of epilepsy, and has been seizure free since 2008. He takes antiseizure medication with the dosage and frequency remaining the same since 2013. His physician states that he is supportive of Mr. Hill receiving an exemption. James R. Satterlee Mr. Satterlee is a 58-year old Enhanced Chauffer License holder in Michigan. He has a history of seizures, and has been seizure free since 2001. He takes anti-seizure medication with the dosage and frequency remaining the same since 2001. His physician states that she is supportive of Mr. Satterlee receiving an exemption. Robert G. Schauer, III Mr. Schauer is a 36-year old Class C driver license holder in Iowa. He has a history of seizures, and has been seizure free since August 2012. He takes antiseizure medication with the dosage and frequency remaining the same since 2017. His physician states that he is supportive of Mr. Schauer 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. 2020–27214 Filed 12–10–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2020–0092] 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 November 12, 2020, the Southeastern Pennsylvania Transportation Authority (SEPTA) 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 238, Passenger Equipment Safety Standards. FRA E:\FR\FM\11DEN1.SGM 11DEN1 jbell on DSKJLSW7X2PROD with NOTICES 80224 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices assigned the petition Docket Number FRA–2020–0092. Specifically, SEPTA requests relief from 49 CFR 238.131, Exterior side door safety systems—new passenger cars and locomotives used in passenger service, and 49 CFR 238.133, Exterior side door safety systems—all passenger cars and locomotives used in a passenger service, as they pertain to the exterior side door safety system interface with the Siemens ACS–64 ‘‘Sprinter’’ electric locomotives. SEPTA notes the ACS–64 ‘‘Sprinter’’ locomotive uses similar operating controls and software to the SC–44 ‘‘Charger’’ diesel-electric locomotives, for which FRA granted relief in Docket Number FRA–2018–0029. SEPTA proposes installing similar software in the ACS–64 locomotives, as that developed for the SC–44, to allow such locomotives to be operated in ‘‘Yard Mode.’’ When ‘‘Yard Mode’’ is activated, it allows low speed operation of the locomotive without activating the door by-pass device. The ‘‘Yard Mode’’ software monitors the door summary circuit trainline, along with other trainlines and locomotive operating parameters, determining whether the locomotive is operating in a lite consist (locomotives only) or a passenger car consist. This solution involves multistep software verification along with multiple deliberate acts and confirmations by an operator to enable ‘‘Yard Mode.’’ When ‘‘Yard Mode’’ is active, the locomotive may not be operated above 10 miles per hour. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. 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: • Website: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation (DOT), 1200 New Jersey Ave., SE, W12– 140, Washington, DC 20590. VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 • Hand Delivery: 1200 New Jersey Ave. SE, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by January 25, 2021 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as 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. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2020–27270 Filed 12–10–20; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2020–0091] Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System Under part 235 of title 49 Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this document provides the public notice that on November 19, 2020, the National Railroad Passenger Corporation (Amtrak) petitioned the Federal Railroad Administration (FRA) seeking approval to discontinue or modify a signal system. FRA assigned the petition Docket Number FRA–2020– 0091. Applicant: National Railroad Passenger Corporation, Nicholas J. Croce III, PE, Deputy Chief Engineer, C&S, 2995 Market Street, Philadelphia, PA 19104 Specifically, Amtrak requests permission to convert approximately 6 miles of its cab signal and fixed automatic block signal system to a signal system having cab signals without fixed automatic block signals, PO 00000 Frm 00235 Fmt 4703 Sfmt 4703 operated under NORAC Rule 562, on Amtrak’s Mid-Atlantic Division, Main Line Philadelphia to Washington, Northeast Corridor, between Landover interlocking located at milepost (MP) 128.8, Landover, Maryland, and CP Avenue located at MP 134.6, Washington, DC. Amtrak is the owner and operator of this line. Maryland Area Regional Commuter Train Service, Norfolk Southern Railway, and CSX Transportation operate on portions of this line as tenants with trackage rights. All tenants have concurred with the application. The changes proposed are to remove the wayside signals on Tracks No. 2 and No. 3 at automatic block points 1298, 1307, 1323/1324, and 1338/1339. All locations will remain in service as a block point without wayside signals. The reason for removal of the signals is to eliminate maintenance and operation of unnecessary hardware and to reduce delays to trains caused by failures of the signals. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. 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: • Website: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation (DOT), 1200 New Jersey Ave. SE, W12– 140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Ave. SE, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by January 25, 2021 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 E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80223-80224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27270]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0092]


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 November 12, 
2020, the Southeastern Pennsylvania Transportation Authority (SEPTA) 
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 238, Passenger Equipment Safety 
Standards. FRA

[[Page 80224]]

assigned the petition Docket Number FRA-2020-0092.
    Specifically, SEPTA requests relief from 49 CFR 238.131, Exterior 
side door safety systems--new passenger cars and locomotives used in 
passenger service, and 49 CFR 238.133, Exterior side door safety 
systems--all passenger cars and locomotives used in a passenger 
service, as they pertain to the exterior side door safety system 
interface with the Siemens ACS-64 ``Sprinter'' electric locomotives. 
SEPTA notes the ACS-64 ``Sprinter'' locomotive uses similar operating 
controls and software to the SC-44 ``Charger'' diesel-electric 
locomotives, for which FRA granted relief in Docket Number FRA-2018-
0029.
    SEPTA proposes installing similar software in the ACS-64 
locomotives, as that developed for the SC-44, to allow such locomotives 
to be operated in ``Yard Mode.'' When ``Yard Mode'' is activated, it 
allows low speed operation of the locomotive without activating the 
door by-pass device. The ``Yard Mode'' software monitors the door 
summary circuit trainline, along with other trainlines and locomotive 
operating parameters, determining whether the locomotive is operating 
in a lite consist (locomotives only) or a passenger car consist. This 
solution involves multi-step software verification along with multiple 
deliberate acts and confirmations by an operator to enable ``Yard 
Mode.'' When ``Yard Mode'' is active, the locomotive may not be 
operated above 10 miles per hour.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    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:
     Website: https://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation (DOT), 1200 New Jersey Ave., SE, W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by January 25, 2021 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered as far as 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.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-27270 Filed 12-10-20; 8:45 am]
BILLING CODE 4910-06-P

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