82 FR 20961 - Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 85 (May 4, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 85 (May 4, 2017)
| Page Range | 20961-20962 | |
| FR Document | 2017-08999 |
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)] [Notices] [Pages 20961-20962] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08999] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0116] 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 two individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against 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 with implantable cardioverter defibrillators (ICDs) to operate CMVs in interstate commerce. DATES: Comments must be received on or before June 5, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2017-0116 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 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, 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: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64- 224,Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the 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 two individuals listed in this notice have requested an exemption from 49 CFR 391.41(b)(4). 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 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. --------------------------------------------------------------------------- II. Qualifications of Applicants Justin Daale Mr. Daale is a 40 year old Class A CDL holder in Iowa. An October 2016 cardiologist report indicates that Mr. Daale's ICD was implanted in July 2016. No complications or instability of an underlying heart condition are described in the medical documents dated October 7, 2016, July 19, 2016, [[Page 20962]] July 25, 2016, and August 15, 2016 received with his application request. Raymond Loffredo Mr. Loffredo is a 71 year old Class A CDL holder in Pennsylvania. A January 2017 report from the office of Mr. Loffredo's cardiologist indicates that his ICD was implanted in May of 2016 and has never deployed. As of a November 2016 office evaluation he was ``clinically stable on his current medical regimen, has no cardiac complaints, and his underlying medical condition is under control.'' III. 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 dates section of the notice. IV. 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-2017-0116'' and click the search button. When the new screen appears, click on the blue ``Comment 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. V. 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-2017-0116 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: April 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-08999 Filed 5-3-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices 20961
also have a copy of the exemption when cardioverter defibrillators (ICDs) to 224,Washington, DC 20590–0001. Office
driving, for presentation to a duly operate CMVs in interstate commerce. hours are from 8:30 a.m. to 5 p.m., e.t.,
authorized Federal, State, or local DATES: Comments must be received on Monday through Friday, except Federal
enforcement official. The driver is or before June 5, 2017. holidays. If you have questions
prohibited from operating a motorcoach ADDRESSES: You may submit comments regarding viewing or submitting
or bus with passengers in interstate bearing the Federal Docket Management material to the docket, contact Docket
commerce. The exemption does not System (FDMS) Docket ID FMCSA– Services, telephone (202) 366–9826.
exempt the individual from meeting the 2017–0116 using any of the following SUPPLEMENTARY INFORMATION:
applicable CDL testing requirements. methods: I. Background
Each exemption will be valid for two • Federal eRulemaking Portal: Go to
years unless rescinded earlier by http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
FMCSA. The exemption will be online instructions for submitting FMCSA may grant an exemption from
rescinded if: (1) The person fails to comments. the FMCSRs for a two-year period if it
comply with the terms and conditions • Mail: Docket Management Facility; finds ‘‘such exemption would likely
of the exemption; (2) the exemption has U.S. Department of Transportation, 1200 achieve a level of safety that is
resulted in a lower level of safety than New Jersey Avenue SE., West Building equivalent to or greater than the level
was maintained before it was granted; or Ground Floor, Room W12–140, that would be achieved absent such
(3) continuation of the exemption would Washington, DC 20590–0001. exemption.’’ The statute also allows the
not be consistent with the goals and • Hand Delivery: West Building Agency to renew exemptions at the end
objectives of 49 U.S.C. 31136(e) and Ground Floor, Room W12–140, 1200 of the two-year period.
31315. New Jersey Avenue SE., Washington, The two individuals listed in this
DC, between 9 a.m. and 5 p.m., e.t., notice have requested an exemption
IV. Conclusion from 49 CFR 391.41(b)(4). Accordingly,
Monday through Friday, except Federal
Based upon its evaluation of the nine Holidays. the Agency will evaluate the
exemption applications, FMCSA renews • Fax: 1–202–493–2251. qualifications of each applicant to
the exemptions of the aforementioned Instructions: Each submission must determine whether granting the
drivers from the hearing requirement in include the Agency name and the exemption will achieve the required
49 CFR 391.41(b)(11). In accordance docket number for this notice. Note that level of safety mandated by statute.
with 49 U.S.C. 31136(e) and 31315, each all comments received will be posted The physical qualification standard
exemption will be valid for two years without change to http:// found in 49 CFR 391.41(b)(4) states that
unless revoked earlier by FMCSA. www.regulations.gov, including any a person is physically qualified to drive
Issued on: April 27, 2017. personal information provided. Please a CMV if that person:
Larry W. Minor, see the Privacy Act heading below for Has no current clinical diagnosis of
Associate Administrator for Policy.
further information. myocardial infarction, angina pectoris,
Docket: For access to the docket to coronary insufficiency, thrombosis, or any
[FR Doc. 2017–09003 Filed 5–3–17; 8:45 am] other cardiovascular disease of a variety
read background documents or
BILLING CODE 4910–EX–P
comments, go to http:// known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac
www.regulations.gov, at any time or
failure.
Room W12–140 on the ground level of
DEPARTMENT OF TRANSPORTATION In addition to the regulations, FMCSA
the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9 has published advisory criteria 1 to
Federal Motor Carrier Safety
a.m. and 5 p.m., e.t., Monday through assist Medical Examiners in
Administration
Friday, except Federal holidays. The determining whether drivers with
[Docket No. FMCSA–2017–0116] FDMS is available 24 hours each day, certain medical conditions are qualified
365 days each year. If you want to operate a CMV in interstate
Qualification of Drivers; Exemption acknowledgment that we received your commerce. [49 CFR part 391,
Applications; Implantable Cardioverter comments, please include a self- APPENDIX A TO PART 391—MEDICAL
Defibrillators addressed, stamped envelope or ADVISORY CRITERIA, section D.
postcard or print the acknowledgement Cardiovascular: § 391.41(b)(4),
AGENCY: Federal Motor Carrier Safety
page that appears after submitting paragraph 4.] The advisory criteria
Administration (FMCSA), DOT.
comments online. states that ICDs are disqualifying due to
ACTION: Notice of applications for risk of syncope.
Privacy Act: In accordance with 5
exemption; request for comments. U.S.C. 553(c), DOT solicits comments II. Qualifications of Applicants
SUMMARY: FMCSA announces receipt of from the public to better inform its
rulemaking process. DOT posts these Justin Daale
applications from two individuals for an
exemption from the prohibition in the comments, without edit, including any Mr. Daale is a 40 year old Class A CDL
Federal Motor Carrier Safety personal information the commenter holder in Iowa. An October 2016
Regulations (FMCSRs) against operation provides, to http://www.regulations.gov, cardiologist report indicates that Mr.
of a commercial motor vehicle (CMV) by as described in the system records Daale’s ICD was implanted in July 2016.
persons with a current clinical diagnosis notice (DOT/ALL–14 FDMS), which can No complications or instability of an
be reviewed at http://www.dot.gov/ underlying heart condition are
pmangrum on DSK3GDR082PROD with NOTICES
of myocardial infarction, angina
pectoris, coronary insufficiency, privacy. described in the medical documents
thrombosis, or any other cardiovascular FOR FURTHER INFORMATION CONTACT: Ms. dated October 7, 2016, July 19, 2016,
disease of a variety known to be Christine A. Hydock, Chief, Medical
1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
accompanied by syncope, dyspnea, Programs Division, (202) 366–4001,
e47b48a9ea42dd67d999246e23d97970&mc=true&
collapse, or congestive heart failure. If fmcsamedical@dot.gov, FMCSA, node=pt49.5.391&rgn=div5#ap49.5.391_171.a and
granted, the exemptions would enable Department of Transportation, 1200 https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-
these individuals with implantable New Jersey Avenue SE., Room W64– vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
VerDate Sep<11>2014 14:39 May 03, 2017 Jkt 241001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1](https://thefederalregister.org/doc/82_FR_21046/page/1.svg)
![20962 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
July 25, 2016, and August 15, 2016 FMCSA–2017–0116 and click ‘‘Search.’’ docket numbers for this notice. Note
received with his application request. Next, click ‘‘Open Docket Folder’’ and that all comments received will be
you will find all documents and posted without change to http://
Raymond Loffredo
comments related to this notice. www.regulations.gov, including any
Mr. Loffredo is a 71 year old Class A personal information provided. Please
Issued on: April 27, 2017.
CDL holder in Pennsylvania. A January see the Privacy Act heading below for
Larry W. Minor,
2017 report from the office of Mr. further information.
Loffredo’s cardiologist indicates that his Associate Administrator for Policy.
Docket: For access to the docket to
ICD was implanted in May of 2016 and [FR Doc. 2017–08999 Filed 5–3–17; 8:45 am]
read background documents or
has never deployed. As of a November BILLING CODE 4910–EX–P comments, go to http://
2016 office evaluation he was www.regulations.gov at any time or
‘‘clinically stable on his current medical Room W12–140 on the ground level of
regimen, has no cardiac complaints, and DEPARTMENT OF TRANSPORTATION the West Building, 1200 New Jersey
his underlying medical condition is Avenue SE., Washington, DC, between 9
Federal Motor Carrier Safety
under control.’’ a.m. and 5 p.m., e.t., Monday through
Administration
III. Request for Comments Friday, except Federal holidays. The
[Docket No. FMCSA–2017–0017] FDMS is available 24 hours each day,
In accordance with 49 U.S.C. 31136(e) 365 days each year. If you want
and 31315, FMCSA requests public Qualification of Drivers; Exemption acknowledgment that we received your
comment from all interested persons on Applications; Vision comments, please include a self-
the exemption petitions described in addressed, stamped envelope or
AGENCY: Federal Motor Carrier Safety
this notice. We will consider all postcard or print the acknowledgement
Administration (FMCSA), DOT.
comments received before the close of page that appears after submitting
business on the closing date indicated ACTION: Notice of applications for
exemptions; request for comments. comments on-line.
in the dates section of the notice. Privacy Act: In accordance with 5
IV. Submitting Comments SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments
applications from 36 individuals for from the public to better inform its
You may submit your comments and
exemption from the vision requirement rulemaking process. DOT posts these
material online or by fax, mail, or hand
in the Federal Motor Carrier Safety comments, without edit, including any
delivery, but please use only one of
Regulations. They are unable to meet personal information the commenter
these means. FMCSA recommends that
the vision requirement in one eye for provides, to www.regulations.gov, as
you include your name and a mailing
various reasons. The exemptions will described in the system of records
address, an email address, or a phone
enable these individuals to operate notice (DOT/ALL–14 FDMS), which can
number in the body of your document
commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy.
so that FMCSA can contact you if there
interstate commerce without meeting FOR FURTHER INFORMATION CONTACT: Ms.
are questions regarding your
the prescribed vision requirement in Christine A. Hydock, Chief, Medical
submission.
To submit your comment online, go to one eye. If granted, the exemptions Programs Division, (202) 366–4001,
http://www.regulations.gov and in the would enable these individuals to fmcsamedical@dot.gov, FMCSA,
search box insert the docket number qualify as drivers of commercial motor Department of Transportation, 1200
‘‘FMCSA–2017–0116’’ and click the vehicles (CMVs) in interstate commerce. New Jersey Avenue SE., Room W64–
search button. When the new screen DATES: Comments must be received on 113, Washington, DC 20590–0001.
appears, click on the blue ‘‘Comment or before June 5, 2017. All comments Office hours are 8:30 a.m. to 5 p.m., e.t.,
Now!’’ button on the right hand side of will be investigated by FMCSA. The Monday through Friday, except Federal
the page. On the new page, enter exemptions will be issued the day after holidays. If you have questions
information required including the 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– SUPPLEMENTARY INFORMATION:
recommendation. If you submit your 2017–0017 using any of the following
I. Background
comments by mail or hand delivery, methods:
submit them in an unbound format, no • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315,
larger than 81⁄2 by 11 inches, suitable for http://www.regulations.gov. Follow the FMCSA may grant an exemption from
copying and electronic filing. If you on-line instructions for submitting the Federal Motor Carrier Safety
submit comments by mail and would comments. Regulations for a 2-year period if it finds
like to know that they reached the • Mail: Docket Management Facility; ‘‘such exemption would likely achieve a
facility, please enclose a stamped, self- U.S. Department of Transportation, 1200 level of safety that is equivalent to or
addressed postcard or envelope. New Jersey Avenue SE., West Building greater than the level that would be
We will consider all comments and Ground Floor, Room W12–140, achieved absent such exemption.’’
materials received during the comment Washington, DC 20590–0001. FMCSA can renew exemptions at the
period. FMCSA may issue a final • Hand Delivery: West Building end of each 2-year period. The 36
pmangrum on DSK3GDR082PROD with NOTICES
determination any time after the close of Ground Floor, Room W12–140, 1200 individuals listed in this notice have
the comment period. New Jersey Avenue SE., Washington, each requested such an exemption from
DC, between 9 a.m. and 5 p.m., e.t., the vision requirement in 49 CFR
V. Viewing Comments and Documents Monday through Friday, except Federal 391.41(b)(10), which applies to drivers
To view comments, as well as any Holidays. of CMVs in interstate commerce.
documents mentioned in this preamble, • Fax: 1–202–493–2251. Accordingly, the Agency will evaluate
go to http://www.regulations.gov and in Instructions: Each submission must the qualifications of each applicant to
the search box insert the docket number include the Agency name and the determine whether granting an
VerDate Sep<11>2014 14:39 May 03, 2017 Jkt 241001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1](https://thefederalregister.org/doc/82_FR_21046/page/2.svg)
Document Created: 2017-05-04 01:49:17
Document Modified: 2017-05-04 01:49:17
| 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 June 5, 2017. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64- 224,Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 82 FR 20961 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR