82 FR 61812 - Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 249 (December 29, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 249 (December 29, 2017)
| Page Range | 61812-61813 | |
| FR Document | 2017-28127 |
[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)] [Notices] [Pages 61812-61813] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28127] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0326] 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 six 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 January 29, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2017-0326 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 five-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 five-year period. FMCSA grants exemptions from the FMCSRs for a two- year period to align with the maximum duration of a driver's medical certification. The six 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 [[Page 61813]] 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 Frank D'Ercole Mr. D'Ercole is a 77 year old CDL holder in New Jersey. An October 30, 2017 letter from his cardiologist states that his ICD was implanted in June 2017 and that since that time he has had no event on his AICD implant. His exercise test in May 2017 showed good exercise capacity. Myles Goodwin Mr. Goodwin is a 54 year old driver in New Hampshire. A May 2017 letter from his cardiologist states that his ICD was implanted in February 2015 and at the time of the letter had not deployed. As of February 2017, his cardiac issues were well controlled. Cody Hairr Mr. Hairr is a 23 year old driver in North Carolina. Medical documentation from his cardiologist dated September 2017 and a cardiologist letter without a date indicates that his ICD was implanted in 2013 and has not discharged since it was implanted. The letter states that he has no dizziness, lightheadedness, palpitations, chest pain, undue shortness of breath, exercise intolerance or syncope since ICD placement. His cardiologist states that from a cardiac standpoint, we have not limited [him] from any activities or concerns related to syncope. Dennis R. Pickett Mr. Pickett is a 78 year old Class A CDL holder in Indiana. An April 2017 letter from his cardiologist indicates that his permanent pacemaker was upgraded to a biventricular automatic implantable cardioverter defibrillator in February 2017 and has not deployed since that time. His cardiologist states that Mr. Pickett has not reported any syncopal episodes and that he plans to follow up visits for him every three months. Terry Stephens Mr. Stephens is a 54 year old Class A CDL holder in Virginia. An August 2017 letter from his cardiologist states that his biventricular ICD was implanted in April 2015. The cardiologist's letter also states that Mr. Stephens does not have symptoms related to his underlying condition, has not had any episodes of loss of consciousness, has an ejection fraction of 45 per cent on echocardiogram, and is NYHA class I symptomatically. Jeffrey A. Weiner Mr. Weiner is a 56 year old driver in Minnesota. A May 2017 letter from his cardiologist states that his ICD was implanted in July 2014, has not deployed since it was implanted, and is now asymptomatic. The letter states that his current underlying heart condition is well compensated. 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-2017-0326 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-2017-0326 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: December 22, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-28127 Filed 12-28-17; 8:45 am] BILLING CODE 4910-EX-P
![61812 Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices
applicants, it is not appropriate for exemption from the prohibition in the comments, without edit, including any
FMCSA to mandate additional Federal Motor Carrier Safety personal information the commenter
standards or strict methodology. A State Regulations (FMCSRs) against operation provides, to http://www.regulations.gov,
must, under 49 CFR 383.73(b)(1), of a commercial motor vehicle (CMV) by as described in the system records
require the applicant to pass a skills test persons with a current clinical diagnosis notice (DOT/ALL–14 FDMS), which can
in accordance with subparts F, G, and of myocardial infarction, angina be reviewed at http://www.dot.gov/
H of 49 CFR part 383. These standards pectoris, coronary insufficiency, privacy.
remain the same for any CDL applicant, thrombosis, or any other cardiovascular FOR FURTHER INFORMATION CONTACT: Ms.
regardless of exemptions that may have disease of a variety known to be Christine A. Hydock, Chief, Medical
been granted by the agency. As to a accompanied by syncope, dyspnea, Programs Division (202) 366–4001,
specific methodology that would apply collapse, or congestive heart failure. If fmcsamedical@dot.gov, FMCSA,
to all States and all applicants, the granted, the exemptions would enable Department of Transportation, 1200
FMCSA declines to apply a ‘‘one size these individuals with implantable New Jersey Avenue SE, Room W64–
fits all’’ solution. The question of cardioverter defibrillators (ICDs) to 224,Washington, DC 20590–0001. Office
reasonable accommodation for a deaf or operate CMVs in interstate commerce. hours are from 8:30 a.m. to 5 p.m., e.t.,
hard of hearing applicant is highly fact DATES: Comments must be received on Monday through Friday, except Federal
specific, for both the applicant and the or before January 29, 2018. holidays. If you have questions
examining entity. The FMCSA remains
ADDRESSES: You may submit comments regarding viewing or submitting
committed to its partnerships with
bearing the Federal Docket Management material to the docket, contact Docket
AAMVA, the FDHSMV, and other states
System (FDMS) Docket ID FMCSA– Services, telephone (202) 366–9826.
working toward the development of best
2017–0326 using any of the following SUPPLEMENTARY INFORMATION:
practices related to the skills testing of
deaf and hard of hearing drivers. methods:
• Federal eRulemaking Portal: Go to I. Background
IV. Conclusion http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
FMCSA has considered the available online instructions for submitting FMCSA may grant an exemption from
current medical information and comments. the FMCSRs for a five-year period if it
literature and is not aware of any data • Mail: Docket Management Facility; finds ‘‘such exemption would likely
to support the contention that hard of U.S. Department of Transportation, 1200 achieve a level of safety that is
hearing and deaf individuals are at an New Jersey Avenue SE, West Building equivalent to or greater than the level
increased risk for a crash. In addition, Ground Floor, Room W12–140, that would be achieved absent such
the comments discussed above do not Washington, DC 20590–0001. exemption.’’ The statute also allows the
include any evidence that FMCSA • Hand Delivery: West Building Agency to renew exemptions at the end
should no longer grant hearing Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
exemptions or limit exempted drivers to New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
non-airbrake vehicles. The Agency DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
therefore will continue to consider each Monday through Friday, except Federal duration of a driver’s medical
application for a hearing exemption on Holidays. certification.
an individual basis and will continue • Fax: 1–202–493–2251. The six individuals listed in this
exempting those drivers who do not Instructions: Each submission must notice have requested an exemption
pose a risk to public safety when include the Agency name and the from 49 CFR 391.41(b)(4). Accordingly,
granting the exemption achieves a level docket number for this notice. Note that the Agency will evaluate the
of safety that is equivalent to or greater all comments received will be posted qualifications of each applicant to
than the level that would be achieved without change to http:// determine whether granting the
absent such exemption. www.regulations.gov, including any exemption will achieve the required
personal information provided. Please level of safety mandated by statute.
Issued on: December 20, 2017.
see the Privacy Act heading below for The physical qualification standard
Cathy F. Gautreaux, further information. found in 49 CFR 391.41(b)(4) states that
Deputy Administrator. Docket: For access to the docket to a person is physically qualified to drive
[FR Doc. 2017–28128 Filed 12–28–17; 8:45 am] read background documents or a CMV if that person has no current
BILLING CODE 4910–EX–P comments, go to http:// clinical diagnosis of myocardial
www.regulations.gov, at any time or infarction, angina pectoris, coronary
Room W12–140 on the ground level of insufficiency, thrombosis, or any other
DEPARTMENT OF TRANSPORTATION the West Building, 1200 New Jersey cardiovascular disease of a variety
Avenue SE, Washington, DC, between 9 known to be accompanied by syncope,
Federal Motor Carrier Safety
a.m. and 5 p.m., e.t., Monday through dyspnea, collapse, or congestive cardiac
Administration
Friday, except Federal holidays. The failure.
[Docket No. FMCSA–2017–0326] FDMS is available 24 hours each day, In addition to the regulations, FMCSA
365 days each year. If you want has published advisory criteria 1 to
Qualification of Drivers; Exemption acknowledgment that we received your assist Medical Examiners in
Applications; Implantable Cardioverter comments, please include a self- determining whether drivers with
Defibrillators addressed, stamped envelope or certain medical conditions are qualified
ethrower on DSK3G9T082PROD with NOTICES
AGENCY: Federal Motor Carrier Safety postcard or print the acknowledgement to operate a CMV in interstate
Administration (FMCSA), DOT. page that appears after submitting
ACTION: Notice of applications for comments online. 1 See http://www.ecfr.gov/cgi-bin/text-idx?
Privacy Act: In accordance with 5 SID=e47b48a9ea42dd67d999246e23d97970&mc=
exemption; request for comments. true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
U.S.C. 553(c), DOT solicits comments and https://www.gpo.gov/fdsys/pkg/CFR-2015-
SUMMARY: FMCSA announces receipt of from the public to better inform its title49-vol5/pdf/CFR-2015-title49-vol5-part391-
applications from six individuals for an rulemaking process. DOT posts these appA.pdf.
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![Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices 61813
commerce. [49 CFR part 391, echocardiogram, and is NYHA class I you will find all documents and
APPENDIX A TO PART 391—MEDICAL symptomatically. comments related to this notice.
ADVISORY CRITERIA, section D. Issued on: December 22, 2017.
Jeffrey A. Weiner
Cardiovascular: § 391.41(b)(4), Larry W. Minor,
paragraph 4.] The advisory criteria Mr. Weiner is a 56 year old driver in Associate Administrator for Policy.
states that ICDs are disqualifying due to Minnesota. A May 2017 letter from his
[FR Doc. 2017–28127 Filed 12–28–17; 8:45 am]
risk of syncope. cardiologist states that his ICD was
BILLING CODE 4910–EX–P
II. Qualifications of Applicants implanted in July 2014, has not
deployed since it was implanted, and is
Frank D’Ercole now asymptomatic. The letter states that
his current underlying heart condition DEPARTMENT OF THE TREASURY
Mr. D’Ercole is a 77 year old CDL
holder in New Jersey. An October 30, is well compensated.
Office of Foreign Assets Control
2017 letter from his cardiologist states III. Request for Comments
that his ICD was implanted in June 2017 Notice of OFAC Sanctions Actions
and that since that time he has had no In accordance with 49 U.S.C. 31136(e)
event on his AICD implant. His exercise and 31315, FMCSA requests public AGENCY: Office of Foreign Assets
test in May 2017 showed good exercise comment from all interested persons on Control, Treasury.
capacity. the exemption petitions described in ACTION: Notice.
this notice. We will consider all
Myles Goodwin SUMMARY: The Department of the
comments received before the close of
Treasury’s Office of Foreign Assets
Mr. Goodwin is a 54 year old driver business on the closing date indicated
Control (OFAC) is publishing the names
in New Hampshire. A May 2017 letter in the dates section of the notice.
of one or more persons that have been
from his cardiologist states that his ICD
IV. Submitting Comments placed on OFAC’s Specially Designated
was implanted in February 2015 and at
Nationals and Blocked Persons List
the time of the letter had not deployed. You may submit your comments and based on OFAC’s determination that one
As of February 2017, his cardiac issues material online or by fax, mail, or hand
were well controlled. or more applicable legal criteria were
delivery, but please use only one of satisfied. All property and interests in
Cody Hairr these means. FMCSA recommends that property subject to U.S. jurisdiction of
you include your name and a mailing these persons are blocked, and U.S.
Mr. Hairr is a 23 year old driver in address, an email address, or a phone
North Carolina. Medical documentation persons are generally prohibited from
number in the body of your document engaging in transactions with them.
from his cardiologist dated September so that FMCSA can contact you if there
2017 and a cardiologist letter without a DATES: See SUPPLEMENTARY INFORMATION
are questions regarding your
date indicates that his ICD was submission. section.
implanted in 2013 and has not FOR FURTHER INFORMATION CONTACT:
To submit your comment online, go to
discharged since it was implanted. The OFAC: Associate Director for Global
http://www.regulations.gov and in the
letter states that he has no dizziness, Targeting, tel.: 202–622–2420; Assistant
search box insert the docket number
lightheadedness, palpitations, chest Director for Sanctions Compliance &
FMCSA–2017–0326 and click the search
pain, undue shortness of breath, Evaluation, tel.: 202–622–2490;
button. When the new screen appears,
exercise intolerance or syncope since Assistant Director for Licensing, tel.:
click on the blue ‘‘Comment Now!’’
ICD placement. His cardiologist states 202–622–2480; or the Department of the
button on the right hand side of the
that from a cardiac standpoint, we have Treasury’s Office of the General
page. On the new page, enter
not limited [him] from any activities or Counsel: Office of the Chief Counsel
information required including the
concerns related to syncope. (Foreign Assets Control), tel.: 202–622–
specific section of this document to
Dennis R. Pickett which each comment applies, and 2410.
provide a reason for each suggestion or SUPPLEMENTARY INFORMATION:
Mr. Pickett is a 78 year old Class A
CDL holder in Indiana. An April 2017 recommendation. If you submit your Electronic Availability
letter from his cardiologist indicates that comments by mail or hand delivery,
The Specially Designated Nationals
his permanent pacemaker was upgraded submit them in an unbound format, no
and Blocked Persons List and additional
to a biventricular automatic implantable larger than 81⁄2 by 11 inches, suitable for
information concerning OFAC sanctions
cardioverter defibrillator in February copying and electronic filing. If you
programs are available on OFAC’s
2017 and has not deployed since that submit comments by mail and would
website (www.treasury.gov/ofac).
time. His cardiologist states that Mr. like to know that they reached the
Pickett has not reported any syncopal facility, please enclose a stamped, self- Notice of OFAC Actions
episodes and that he plans to follow up addressed postcard or envelope. On December 26, 2017, OFAC
visits for him every three months. We will consider all comments and determined that the property and
materials received during the comment interests in property subject to U.S.
Terry Stephens period. FMCSA may issue a final jurisdiction of the following persons are
Mr. Stephens is a 54 year old Class A determination any time after the close of blocked pursuant to the relevant
CDL holder in Virginia. An August 2017 the comment period. sanctions authorities listed below.
letter from his cardiologist states that
ethrower on DSK3G9T082PROD with NOTICES
V. Viewing Comments and Documents Individuals
his biventricular ICD was implanted in
April 2015. The cardiologist’s letter also To view comments, as well as any 1. KIM, Jong Sik (a.k.a. KIM, Cho’ng-
states that Mr. Stephens does not have documents mentioned in this preamble, sik), Korea, North; DOB 01 Jan 1967 to
symptoms related to his underlying go to http://www.regulations.gov and in 31 Dec 1969; Gender Male; Deputy
condition, has not had any episodes of the search box insert the docket number Director of the Workers’ Party of Korea
loss of consciousness, has an ejection FMCSA–2017–0326 and click ‘‘Search.’’ Military Industry Department
fraction of 45 per cent on Next, click ‘‘Open Docket Folder’’ and (individual) [DPRK2].
VerDate Sep<11>2014 20:09 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1](https://thefederalregister.org/doc/82_FR_62061/page/2.svg)
Document Created: 2018-01-03 13:16:56
Document Modified: 2018-01-03 13:16:56
| 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 January 29, 2018. | |
| 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 61812 |
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