81 FR 52512 - Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 152 (August 8, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 152 (August 8, 2016)
| Page Range | 52512-52514 | |
| FR Document | 2016-18737 |
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)] [Notices] [Pages 52512-52514] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18737] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0175] Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from eleven individuals for exemptions from the rules prohibiting operation of a commercial motor vehicle (CMV) by persons with a current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive heart failure. If granted, the exemptions would enable these individuals to operate CMVs for up to two years in interstate commerce. DATES: Comments must be received on or before September 7, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2016-0175 using any of the following methods:Federal eRulemaking Portal: Go to 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 or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket ID 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, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, 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 records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) for a two- 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 two-year period. The eleven individuals listed in this notice have requested an exemption from 49 CFR 391.41(b)(4), which applies to drivers who operates CMVs in interstate commerce. 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 found in 49 CFR 391.41(b)(4) states that a person is physically qualified to drive a CMV if that person Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure. In addition to the regulations, FMCSA has published advisory criteria \1\ to [[Page 52513]] 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 D. Cardiovascular: Sec. 391.41(b)(4), paragraph 4.] The advisory criteria states that ICDs are disqualifying due to risk of syncope. --------------------------------------------------------------------------- \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.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf. --------------------------------------------------------------------------- Qualifications of Applicants Charles R. Allen Mr. Allen is a 47 year old commercial motor vehicle driver in Michigan. A report that he provided from July 2015 from the Veterans Administration Ann Arbor Healthcare System provider indicates, ``he has well compensated class-I-II congestive heart failure with and ICD. He has a normal ejection fraction of 50-55%''. William Blake Mr. Blake is a 57 year old Class A CDL holder in New Hampshire. His ICD was implanted in June 2015 and has never deployed. A January 5, 2016 cardiologist report indicates; ``No symptoms referable to ICD or underlying rhythm changes. I believe the risk of recurrent ventricular tachy-arrhythmias or syncope is very low, however, given the history of these abnormalities and the family history of arrhythmias I would favor continued ICD implantation''. Roosevelt Tyrone Brown Mr. Brown is a 54 year old Class A CDL holder in South Carolina. A March 17, 2016 letter from his cardiologist states that Mr. Brown's ICD was implanted October 15, 2013, and that recent echocardiography demonstrated an ejection fraction in the 25-30 percent range and a calculated ejection fraction of 24% from nuclear stress testing. A March 10, 2016 report from his electrophysiologist indicates that Mr. Brown has reported one shock from his device. Overall he feels well and denies chest pain, shortness of breath, or dyspnea on exertion. Kevin Coulter Mr. Coulter is a 60 year old Class A CDL holder in California. A June 2016 letter from his cardiologist states that his ICD was implanted in February 2015. No shock has deployed since implantation. He has been asymptomatic. He has an ejection fraction of 40-45%, most recently measured in April 2015. John Dudar Mr. Dudar is a 55 year old Class A CDL holder in Connecticut. An undated cardiologist report indicates that the ICD has been in place since 2003. ``He has experienced several shocks from his device and around that time was upgraded to biventricular ICD. At least back to 2009 he has not received any ICD discharges. His device is stable and at this point he really has no significant heart failure symptoms. His last ejection fraction was estimated at 25% in August 2013. His cardiac issues appear stable. He has had no recent ventricular arrhythmias and he has a normally functioning Biv-ICD''. Timothy Godwin Mr. Godwin is a 51 year old Class A CDL holder in North Carolina. A March 30 2016 report from his cardiac electrophysiologist indicates knowledge of the driver and his condition since 2014 and that (Mr. Godwin) has not required any therapies before or after ICD implant, nor has he lost consciousness at any time. ``I consider him to be safer than most other commercial drives who have undiagnosed or untreated cardiovascular problems. I feel that rather than the presence or absence of an ICD in a patient what is most important is the underlying cardiac condition and risk for loss of consciousness. Treated, Mr. Godwin is at average risk''. James Goslee Mr. Goslee is a 52 year old driver in Maryland. A May 2016 letter from his cardiologist states that his ICD was implanted in June 2104. His ICD has never delivered therapy. He follows up regularly in the office and is free of cardiac complaints. An April 2016 study shows an ejection fraction of 65-70% and an exercise tolerance at 10 minutes of Bruce protocol. The current status of underlying heart condition is low intermediate cardiovascular risk profile. Richard Hacker Mr. Hacker is 62 year old Class A CDL holder in Maryland. Medical documents from June 2016 from his cardiologist state that his ICD was implanted in 2007. The device check in June 2016 indicated no events for 10.5 years. Mr. Hacker's ejection fraction is 53%. His medical documentation indicates that he has no symptoms. Kathryn Kosse Ms. Kosse is a 63 year old Class D holder in Arizona. A May 2016 letter from her cardiologist states that her defibrillator was implanted in October 2014. ``Her ICD has never deployed and her symptoms have completely resolved. Her left ventricular ejection fraction is normal. Ms. Kosse appears to be in stable cardiovascular health''. Joseph Skrzyniarz Mr. Skrzyniarz is a 56 year old Class A CDL holder in Michigan. He possesses a one-year Michigan waiver dated October 22, 2015 for intrastate driving. A September 15, 2015 cardiologist- electrophysiologist report indicates that his ICD has been implanted since February 2015. He has not received any ICD shocks from his device at this time. ``He had two episodes of asymptomatic non-sustained ventricular tachycardia. His condition is stable over the past year and unchanged. He has not had any ICD shocks or dangerous arrhythmias. He has been asymptomatic and is safe to operate a commercial vehicle in accordance to his job description which was provided. I have no reservations at this time''. A September 17 cardiologist report provides that, ``To date the device has not been activated and his underlying cardiac condition has been deemed stable.'' Wylanne Deon Stafford Mr. Stafford is a 48 year old driver in Illinois. An April 26, 2016 report from his cardiologist indicates that Mr. Stafford's ICD was implanted in 2011 and has never fired. His cardiologist indicates that since ICD placement, his ejection fraction has normalized to 55% and he is asymptomatic and stable. II. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, 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 in the date section of the notice. III. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number ``FMCSA-2016-0175'' and click the search button. When the new screen appears, click on the blue ``Comment [[Page 52514]] Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination any time after the close of the comment period. IV. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2016-0175 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: July 29, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-18737 Filed 8-5-16; 8:45 am] BILLING CODE 4910-EX-P
![52512 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
The FMCSA concluded that all of the DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., Monday through
operating, monitoring and medical Friday, except Federal holidays. The
requirements set out in the September 3, Federal Motor Carrier Safety FDMS is available 24 hours each day,
2003 notice, except as modified, were in Administration 365 days each year. If you want
compliance with section 4129(d). acknowledgment that we received your
[Docket No. FMCSA–2016–0175]
Therefore, all of the requirements set comments, please include a self-
out in the September 3, 2003 notice, Qualification of Drivers; Exemption addressed, stamped envelope or
except as modified by the notice in the Applications; Implantable Cardioverter postcard or print the acknowledgement
Federal Register on November 8, 2005 Defibrillators page that appears after submitting
comments online.
(70 FR 67777), remain in effect.
AGENCY: Federal Motor Carrier Safety Privacy Act: In accordance with 5
IV. Submitting Comments Administration (FMCSA), DOT. U.S.C. 553(c), DOT solicits comments
ACTION: Notice of applications for from the public to better inform its
You may submit your comments and exemption; request for comments. rulemaking process. DOT posts these
material online or by fax, mail, or hand comments, without edit, including any
delivery, but please use only one of SUMMARY: FMCSA announces receipt of personal information the commenter
these means. FMCSA recommends that applications from eleven individuals for provides, to http://www.regulations.gov,
you include your name and a mailing exemptions from the rules prohibiting as described in the system records
address, an email address, or a phone operation of a commercial motor vehicle notice (DOT/ALL–14 FDMS), which can
number in the body of your document (CMV) by persons with a current be reviewed at http://www.dot.gov/
so that FMCSA can contact you if there clinical diagnosis of myocardial privacy.
are questions regarding your infarction, angina pectoris, coronary FOR FURTHER INFORMATION CONTACT:
submission. insufficiency, thrombosis, or any other Christine A. Hydock, Chief, Medical
cardiovascular disease of a variety Programs Division, (202) 366–4001,
To submit your comment online, go to
known to be accompanied by syncope, fmcsamedical@dot.gov, FMCSA,
http://www.regulations.gov and in the dyspnea, collapse, or congestive heart
search box insert the docket number Department of Transportation, 1200
failure. If granted, the exemptions New Jersey Avenue SE., Room W64–
FMCSA–2016–0218 and click the search would enable these individuals to 113, Washington, DC 20590–0001.
button. When the new screen appears, operate CMVs for up to two years in Office hours are from 8:30 a.m. to 5
click on the blue ‘‘Comment Now!’’ interstate commerce. p.m., e.t., Monday through Friday,
button on the right hand side of the DATES: Comments must be received on except Federal holidays.
page. On the new page, enter or before September 7, 2016.
information required including the I. Background
ADDRESSES: You may submit comments
specific section of this document to Under 49 U.S.C. 31136(e) and 31315,
bearing the Federal Docket Management
which each comment applies, and System (FDMS) Docket ID FMCSA– FMCSA may grant an exemption from
provide a reason for each suggestion or the Federal Motor Carrier Safety
2016–0175 using any of the following
recommendation. If you submit your Regulations (FMCSRs) for a two-year
methods:
comments by mail or hand delivery, period if it finds ‘‘such exemption
• Federal eRulemaking Portal: Go to
submit them in an unbound format, no would likely achieve a level of safety
www.regulations.gov. Follow the online
larger than 81⁄2 by 11 inches, suitable for that is equivalent to or greater than the
instructions for submitting comments.
level that would be achieved absent
copying and electronic filing. If you • Mail: Docket Management Facility;
submit comments by mail and would such exemption.’’ The statute also
U.S. Department of Transportation, 1200
like to know that they reached the allows the Agency to renew exemptions
New Jersey Avenue SE., West Building
facility, please enclose a stamped, self- at the end of the two-year period. The
Ground Floor, Room W12–140,
addressed postcard or envelope. eleven individuals listed in this notice
Washington, DC 20590–0001.
have requested an exemption from 49
We will consider all comments and • Hand Delivery or Courier: West
CFR 391.41(b)(4), which applies to
material received during the comment Building Ground Floor, Room W12–140,
drivers who operates CMVs in interstate
period. FMCSA may issue a final 1200 New Jersey Avenue SE.,
commerce. Accordingly, the Agency
determination at any time after the close Washington, DC, between 9 a.m. and 5
will evaluate the qualifications of each
of the comment period. p.m., Monday through Friday, except
applicant to determine whether granting
Federal Holidays.
the exemption will achieve the required
V. Viewing Comments and Documents • Fax: 1–202–493–2251.
level of safety mandated by statute.
Instructions: Each submission must The physical qualification standard
To view comments, as well as any include the Agency name and the
documents mentioned in this preamble, found in 49 CFR 391.41(b)(4) states that
docket ID for this Notice. Note that all a person is physically qualified to drive
go to http://www.regulations.gov and in comments received will be posted
the search box insert the docket number a CMV if that person
without change to http://
FMCSA–2016–0218 and click ‘‘Search.’’ www.regulations.gov, including any Has no current clinical diagnosis of
Next, click ‘‘Open Docket Folder’’ and myocardial infarction, angina pectoris,
personal information provided. Please
coronary insufficiency, thrombosis, or any
you will find all documents and see the Privacy Act heading below for other cardiovascular disease of a variety
comments related to this notice. further information.
mstockstill on DSK3G9T082PROD with NOTICES
known to be accompanied by syncope,
Issued on: July 27, 2016. Docket: For access to the docket to dyspnea, collapse, or congestive cardiac
read background documents or failure.
Larry W. Minor,
comments, go to http:// In addition to the regulations, FMCSA
Associate Administrator for Policy. www.regulations.gov, at any time or has published advisory criteria 1 to
[FR Doc. 2016–18734 Filed 8–5–16; 8:45 am] Room W12–140 on the ground level of
BILLING CODE 4910–EX–P the West Building, 1200 New Jersey 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
Avenue SE., Washington, DC, between 9 e47b48a9ea42dd67d999246e23d97
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![Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices 52513
assist medical examiners in determining John Dudar defibrillator was implanted in October
whether drivers with certain medical Mr. Dudar is a 55 year old Class A 2014. ‘‘Her ICD has never deployed and
conditions are qualified to operate a CDL holder in Connecticut. An undated her symptoms have completely
CMV in interstate commerce. [49 CFR cardiologist report indicates that the ICD resolved. Her left ventricular ejection
part 391, APPENDIX A TO PART 391— has been in place since 2003. ‘‘He has fraction is normal. Ms. Kosse appears to
MEDICAL ADVISORY CRITERIA, experienced several shocks from his be in stable cardiovascular health’’.
section D. Cardiovascular: device and around that time was Joseph Skrzyniarz
§ 391.41(b)(4), paragraph 4.] The upgraded to biventricular ICD. At least
advisory criteria states that ICDs are back to 2009 he has not received any Mr. Skrzyniarz is a 56 year old Class
disqualifying due to risk of syncope. ICD discharges. His device is stable and A CDL holder in Michigan. He possesses
at this point he really has no significant a one-year Michigan waiver dated
Qualifications of Applicants October 22, 2015 for intrastate driving.
heart failure symptoms. His last ejection
Charles R. Allen fraction was estimated at 25% in August A September 15, 2015 cardiologist-
2013. His cardiac issues appear stable. electrophysiologist report indicates that
Mr. Allen is a 47 year old commercial
He has had no recent ventricular his ICD has been implanted since
motor vehicle driver in Michigan. A
arrhythmias and he has a normally February 2015. He has not received any
report that he provided from July 2015
functioning Biv-ICD’’. ICD shocks from his device at this time.
from the Veterans Administration Ann
‘‘He had two episodes of asymptomatic
Arbor Healthcare System provider Timothy Godwin non-sustained ventricular tachycardia.
indicates, ‘‘he has well compensated
Mr. Godwin is a 51 year old Class A His condition is stable over the past year
class-I–II congestive heart failure with
CDL holder in North Carolina. A March and unchanged. He has not had any ICD
and ICD. He has a normal ejection
30 2016 report from his cardiac shocks or dangerous arrhythmias. He
fraction of 50–55%’’.
electrophysiologist indicates knowledge has been asymptomatic and is safe to
William Blake of the driver and his condition since operate a commercial vehicle in
Mr. Blake is a 57 year old Class A CDL 2014 and that (Mr. Godwin) has not accordance to his job description which
holder in New Hampshire. His ICD was required any therapies before or after was provided. I have no reservations at
implanted in June 2015 and has never ICD implant, nor has he lost this time’’. A September 17 cardiologist
deployed. A January 5, 2016 cardiologist consciousness at any time. ‘‘I consider report provides that, ‘‘To date the device
report indicates; ‘‘No symptoms him to be safer than most other has not been activated and his
referable to ICD or underlying rhythm commercial drives who have underlying cardiac condition has been
changes. I believe the risk of recurrent undiagnosed or untreated deemed stable.’’
ventricular tachy-arrhythmias or cardiovascular problems. I feel that
Wylanne Deon Stafford
syncope is very low, however, given the rather than the presence or absence of
an ICD in a patient what is most Mr. Stafford is a 48 year old driver in
history of these abnormalities and the
important is the underlying cardiac Illinois. An April 26, 2016 report from
family history of arrhythmias I would
condition and risk for loss of his cardiologist indicates that Mr.
favor continued ICD implantation’’.
consciousness. Treated, Mr. Godwin is Stafford’s ICD was implanted in 2011
Roosevelt Tyrone Brown at average risk’’. and has never fired. His cardiologist
Mr. Brown is a 54 year old Class A indicates that since ICD placement, his
James Goslee ejection fraction has normalized to 55%
CDL holder in South Carolina. A March
17, 2016 letter from his cardiologist Mr. Goslee is a 52 year old driver in and he is asymptomatic and stable.
states that Mr. Brown’s ICD was Maryland. A May 2016 letter from his
II. Request for Comments
implanted October 15, 2013, and that cardiologist states that his ICD was
implanted in June 2104. His ICD has In accordance with 49 U.S.C. 31136(e)
recent echocardiography demonstrated and 31315, FMCSA requests public
an ejection fraction in the 25–30 percent never delivered therapy. He follows up
regularly in the office and is free of comment from all interested persons on
range and a calculated ejection fraction the exemption petitions described in
of 24% from nuclear stress testing. A cardiac complaints. An April 2016
study shows an ejection fraction of 65– this notice. We will consider all
March 10, 2016 report from his comments received before the close of
electrophysiologist indicates that Mr. 70% and an exercise tolerance at 10
minutes of Bruce protocol. The current business on the closing date indicated
Brown has reported one shock from his in the date section of the notice.
device. Overall he feels well and denies status of underlying heart condition is
chest pain, shortness of breath, or low intermediate cardiovascular risk III. Submitting Comments
dyspnea on exertion. profile.
You may submit your comments and
Kevin Coulter Richard Hacker material online or by fax, mail, or hand
Mr. Hacker is 62 year old Class A CDL delivery, but please use only one of
Mr. Coulter is a 60 year old Class A these means. FMCSA recommends that
holder in Maryland. Medical documents
CDL holder in California. A June 2016 you include your name and a mailing
from June 2016 from his cardiologist
letter from his cardiologist states that address, an email address, or a phone
state that his ICD was implanted in
his ICD was implanted in February number in the body of your document
2007. The device check in June 2016
2015. No shock has deployed since so that FMCSA can contact you if there
indicated no events for 10.5 years. Mr.
implantation. He has been are questions regarding your
mstockstill on DSK3G9T082PROD with NOTICES
Hacker’s ejection fraction is 53%. His
asymptomatic. He has an ejection submission.
medical documentation indicates that
fraction of 40–45%, most recently To submit your comment online, go to
he has no symptoms.
measured in April 2015. http://www.regulations.gov and in the
Kathryn Kosse search box insert the docket number
970&mc=true&node=pt49.5.391&rgn=div5#
ap49.5.391_171.a and https://www.gpo.gov/fdsys/
Ms. Kosse is a 63 year old Class D ‘‘FMCSA–2016–0175’’ and click the
pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49- holder in Arizona. A May 2016 letter search button. When the new screen
vol5-part391-appA.pdf. from her cardiologist states that her appears, click on the blue ‘‘Comment
VerDate Sep<11>2014 22:23 Aug 05, 2016 Jkt 238001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1](https://thefederalregister.org/doc/81_FR_52664/page/2.svg)
![52514 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
Now!’’ button on the right hand side of comments will be investigated by Monday through Friday, except Federal
the page. On the new page, enter FMCSA. The exemptions will be issued holidays. If you have questions
information required including the the day after the comment period closes. regarding viewing or submitting
specific section of this document to ADDRESSES: You may submit comments material to the docket, contact Docket
which each comment applies, and bearing the Federal Docket Management Services, telephone (202) 366–9826.
provide a reason for each suggestion or System (FDMS) Docket No. FMCSA–
recommendation. If you submit your SUPPLEMENTARY INFORMATION:
2016–0031 using any of the following
comments by mail or hand delivery, methods: I. Background
submit them in an unbound format, no • Federal eRulemaking Portal: Go to
larger than 81⁄2 by 11 inches, suitable for http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
copying and electronic filing. If you on-line instructions for submitting FMCSA may grant an exemption from
submit comments by mail and would comments. the Federal Motor Carrier Safety
like to know that they reached the • Mail: Docket Management Facility; Regulations for a 2-year period if it finds
facility, please enclose a stamped, self- U.S. Department of Transportation, 1200 ‘‘such exemption would likely achieve a
addressed postcard or envelope. New Jersey Avenue SE., West Building level of safety that is equivalent to or
We will consider all comments and Ground Floor, Room W12–140, greater than the level that would be
materials received during the comment Washington, DC 20590–0001. achieved absent such exemption.’’
period. FMCSA may issue a final • Hand Delivery: West Building FMCSA can renew exemptions at the
determination any time after the close of Ground Floor, Room W12–140, 1200 end of each 2-year period. The 11
the comment period. New Jersey Avenue SE., Washington, individuals listed in this notice have
IV. Viewing Comments and Documents DC, between 9 a.m. and 5 p.m., Monday each requested such an exemption from
through Friday, except Federal the vision requirement in 49 CFR
To view comments, as well as any Holidays. 391.41(b)(10), which applies to drivers
documents mentioned in this preamble, • Fax: 1–202–493–2251. of CMVs in interstate commerce.
go to http://www.regulations.gov and in Instructions: Each submission must Accordingly, the Agency will evaluate
the search box insert the docket number include the Agency name and the the qualifications of each applicant to
FMCSA–2016–0175 and click ‘‘Search.’’ docket numbers for this notice. Note determine whether granting an
Next, click ‘‘Open Docket Folder’’ and that all comments received will be exemption will achieve the required
you will find all documents and posted without change to http:// level of safety mandated by statute.
comments related to this notice. www.regulations.gov, including any
Issued on: July 29, 2016. personal information provided. Please II. Qualifications of Applicants
Larry W. Minor, see the Privacy Act heading below for
Daniel S. Billig
Associate Administrator for Policy. further information.
Docket: For access to the docket to Mr. Billig, 29, has had amblyopia in
[FR Doc. 2016–18737 Filed 8–5–16; 8:45 am]
read background documents or his left eye since childhood. The visual
BILLING CODE 4910–EX–P
comments, go to http:// acuity in his right eye is 20/20, and in
www.regulations.gov at any time or his left eye, 20/200. Following an
DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of examination in 2015, his optometrist
the West Building, 1200 New Jersey stated, ‘‘In my medical opinion, Daniel
Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9 has sufficient vision to perform the
Administration a.m. and 5 p.m., Monday through driving tasks required to operate a
Friday, except Federal holidays. The commercial vehicle.’’ Mr. Billig reported
[Docket No. FMCSA–2016–0031] FDMS is available 24 hours each day, that he has driven straight trucks for 3
365 days each year. If you want
Qualification of Drivers; Exemption years, accumulating 30,000 miles. He
Applications; Vision acknowledgment that we received your
holds an operator’s license from
comments, please include a self-
Minnesota. His driving record for the
AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
last 3 years shows no crashes and no
Administration (FMCSA), DOT. postcard or print the acknowledgement
convictions for moving violations in a
ACTION: Notice of applications for page that appears after submitting
comments on-line. CMV.
exemptions; request for comments.
Privacy Act: In accordance with 5 Duane N. Brojer
SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments
applications from 11 individuals for from the public to better inform its Mr. Brojer, 50, has had amblyopia in
exemption from the vision requirement rulemaking process. DOT posts these his left eye since birth. The visual acuity
in the Federal Motor Carrier Safety comments, without edit, including any in his right eye is 20/20, and in his left
Regulations. They are unable to meet personal information the commenter eye, 20/100. Following an examination
the vision requirement in one eye for provides, to www.regulations.gov, as in 2016, his optometrist stated, ‘‘Dr. L.
various reasons. The exemptions will described in the system of records Victor Sandoval certifies that in his
enable these individuals to operate notice (DOT/ALL–14 FDMS), which can medical opinion, Duane has sufficient
commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy. vision to perform the driving tasks
interstate commerce without meeting FOR FURTHER INFORMATION CONTACT: required to operate a commercial
mstockstill on DSK3G9T082PROD with NOTICES
the prescribed vision requirement in Christine A. Hydock, Chief, Medical vehicle.’’ Mr. Brojer reported that he has
one eye. If granted, the exemptions Programs Division, (202) 366–4001, driven straight trucks for 21 years,
would enable these individuals to fmcsamedical@dot.gov, FMCSA, accumulating 756,000 miles. He holds
qualify as drivers of commercial motor Department of Transportation, 1200 an operator’s license from New Mexico.
vehicles (CMVs) in interstate commerce. New Jersey Avenue SE., Room W64– His driving record for the last 3 years
DATES: Comments must be received on 113, Washington, DC 20590–0001. shows no crashes and no convictions for
or before September 7, 2016. All Office hours are 8:30 a.m. to 5 p.m., e.t., moving violations in a CMV.
VerDate Sep<11>2014 22:23 Aug 05, 2016 Jkt 238001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1](https://thefederalregister.org/doc/81_FR_52664/page/3.svg)
Document Created: 2016-08-06 03:08:26
Document Modified: 2016-08-06 03:08:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemption; request for comments. | |
| Dates | Comments must be received on or before September 7, 2016. | |
| Contact | Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 52512 |
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