83 FR 4545 - Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 21 (January 31, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 21 (January 31, 2018)
| Page Range | 4545-4546 | |
| FR Document | 2018-01937 |
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)] [Notices] [Pages 4545-4546] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01937] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-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 seven 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 March 2, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-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, fmcsamedical@dot.gov, 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 seven 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-FappA.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 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. [[Page 4546]] 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. William E. Richardson, Jr. Mr. Richardson is a 55 year old driver in Michigan. A December 20, 2017 letter from his cardiologist states that Mr. Richardson underwent ICD implant in August 2017 and that he has no history of ICD being deployed. At his last visit in November 2017 he had had almost complete resolution of symptoms and showed no arrhythmias since implant. 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: January 25, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-01937 Filed 1-30-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices 4545
compromised or if the continuation of online instructions for submitting the FMCSRs for a five-year period if it
the exemption is not consistent with 49 comments. finds ‘‘such exemption would likely
U.S.C. 31136(e) and 31315(b), will take • Mail: Docket Management Facility; achieve a level of safety that is
immediate steps to revoke the U.S. Department of Transportation, 1200 equivalent to or greater than the level
exemption. New Jersey Avenue SE, West Building that would be achieved absent such
Ground Floor, Room W12–140, exemption.’’ The statute also allows the
Preemption Washington, DC 20590–0001. Agency to renew exemptions at the end
In accordance with 49 U.S.C. • Hand Delivery: West Building of the five-year period. FMCSA grants
31315(d), as implemented by 49 CFR Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two-
381.600, during the period this New Jersey Avenue SE, Washington, year period to align with the maximum
exemption is in effect, no State shall DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical
enforce any law or regulation applicable Monday through Friday, except Federal certification.
to interstate commerce that conflicts Holidays. The seven individuals listed in this
with or is inconsistent with this • Fax: 1–202–493–2251. notice have requested an exemption
exemption with respect to a firm or Instructions: Each submission must from 49 CFR 391.41(b)(4). Accordingly,
person operating under the exemption. include the Agency name and the the Agency will evaluate the
States may, but are not required to, docket number for this notice. Note that qualifications of each applicant to
adopt the same exemption with respect all comments received will be posted determine whether granting the
to operations in intrastate commerce. without change to http://
exemption will achieve the required
www.regulations.gov, including any
Issued on: January 25, 2018. level of safety mandated by statute.
personal information provided. Please
Cathy F. Gautreaux, The physical qualification standard
see the Privacy Act heading below for
Deputy Administrator.
found in 49 CFR 391.41(b)(4) states that
further information.
Docket: For access to the docket to a person is physically qualified to drive
[FR Doc. 2018–01943 Filed 1–30–18; 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
DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of insufficiency, thrombosis, or any other
the West Building, 1200 New Jersey cardiovascular disease of a variety
Federal Motor Carrier Safety Avenue SE, Washington, DC, between 9 known to be accompanied by syncope,
Administration a.m. and 5 p.m., e.t., Monday through dyspnea, collapse, or congestive cardiac
Friday, except Federal holidays. The failure.
FDMS is available 24 hours each day, In addition to the regulations, FMCSA
[Docket No. FMCSA–FMCSA–2017–0326]
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
postcard or print the acknowledgement to operate a CMV in interstate
AGENCY: Federal Motor Carrier Safety page that appears after submitting commerce. [49 CFR part 391,
Administration (FMCSA), DOT. comments online. APPENDIX A TO PART 391—MEDICAL
ACTION: Notice of applications for Privacy Act: In accordance with 5 ADVISORY CRITERIA, section D.
exemption; request for comments. U.S.C. 553(c), DOT solicits comments Cardiovascular: § 391.41(b)(4),
from the public to better inform its paragraph 4.] The advisory criteria
SUMMARY: FMCSA announces receipt of rulemaking process. DOT posts these states that ICDs are disqualifying due to
applications from seven individuals for comments, without edit, including any risk of syncope.
an exemption from the prohibition in personal information the commenter
the Federal Motor Carrier Safety II. Qualifications of Applicants
provides, to http://www.regulations.gov,
Regulations (FMCSRs) against operation as described in the system records Frank D’Ercole
of a commercial motor vehicle (CMV) by notice (DOT/ALL–14 FDMS), which can
persons with a current clinical diagnosis Mr. D’Ercole is a 77 year old CDL
be reviewed at http://www.dot.gov/ holder in New Jersey. An October 30,
of myocardial infarction, angina privacy.
pectoris, coronary insufficiency, 2017 letter from his cardiologist states
FOR FURTHER INFORMATION CONTACT: Ms. that his ICD was implanted in June 2017
thrombosis, or any other cardiovascular
disease of a variety known to be Christine A. Hydock, Chief, Medical and that since that time he he has had
accompanied by syncope, dyspnea, Programs Division, (202) 366–4001, no event on his AICD implant. His
collapse, or congestive heart failure. If fmcsamedical@dot.gov, FMCSA, exercise test in May 2017 showed good
granted, the exemptions would enable Department of Transportation, 1200 exercise capacity.
these individuals with implantable New Jersey Avenue SE, Room W64–
224,Washington, DC 20590–0001. Office Myles Goodwin
cardioverter defibrillators (ICDs) to
hours are from 8:30 a.m. to 5 p.m., e.t., Mr. Goodwin is a 54 year old driver
operate CMVs in interstate commerce.
Monday through Friday, except Federal in New Hampshire. A May 2017 letter
DATES: Comments must be received on holidays. If you have questions from his cardiologist states that his ICD
or before March 2, 2018.
sradovich on DSK3GMQ082PROD with NOTICES
regarding viewing or submitting was implanted in February 2015 and at
ADDRESSES: You may submit comments material to the docket, contact Docket the time of the letter had not deployed.
bearing the Federal Docket Management Services, telephone (202) 366–9826.
System (FDMS) Docket ID FMCSA– SUPPLEMENTARY INFORMATION:
1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
FMCSA–2017–0326 using any of the e47b48a9ea42dd67d999246e23d97970&mc=
following methods: I. Background true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
and https://www.gpo.gov/fdsys/pkg/CFR-2015-
• Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, title49-vol5/pdf/CFR-2015-title49-vol5-part391-
http://www.regulations.gov. Follow the FMCSA may grant an exemption from FappA.pdf.
VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1](https://thefederalregister.org/doc/83_FR_4566/page/1.svg)
![4546 Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
As of February 2017, his cardiac issues III. Request for Comments DEPARTMENT OF TRANSPORTATION
were well controlled.
In accordance with 49 U.S.C. 31136(e) Federal Motor Carrier Safety
Cody Hairr and 31315, FMCSA requests public Administration
Mr. Hairr is a 23 year old driver in comment from all interested persons on
[Docket Nos. FMCSA–2014–0382; FMCSA–
North Carolina. Medical documentation the exemption petitions described in 2015–0115; FMCSA–2015–0119]
from his cardiologist dated September this notice. We will consider all
2017 and a cardiologist letter without a comments received before the close of Qualification of Drivers; Exemption
date indicates that his ICD was business on the closing date indicated Applications; Epilepsy and Seizure
implanted in 2013 and has not in the dates section of the notice. Disorders
discharged since it was implanted. The IV. Submitting Comments AGENCY: Federal Motor Carrier Safety
letter states that he has no dizziness, Administration (FMCSA), DOT.
lightheadedness, palpitations, chest You may submit your comments and
pain, undue shortness of breath, ACTION: Notice of renewal of
material online or by fax, mail, or hand
exercise intolerance or syncope since exemptions; request for comments.
delivery, but please use only one of
ICD placement. His cardiologist states these means. FMCSA recommends that SUMMARY: FMCSA announces its
that from a cardiac standpoint, we have you include your name and a mailing decision to renew exemptions for six
not limited [him] from any activities or address, an email address, or a phone individuals from the requirement in the
concerns related to syncope. number in the body of your document Federal Motor Carrier Safety
Dennis R. Pickett so that FMCSA can contact you if there Regulations (FMCSRs) that interstate
are questions regarding your commercial motor vehicle (CMV)
Mr. Pickett is a 78 year old Class A submission. drivers have ‘‘no established medical
CDL holder in Indiana. An April 2017 history or clinical diagnosis of epilepsy
To submit your comment online, go to
letter from his cardiologist indicates that or any other condition which is likely
http://www.regulations.gov and in the
his permanent pacemaker was upgraded to cause loss of consciousness or any
to a biventricular automatic implantable search box insert the docket number
loss of ability to control a CMV.’’ The
cardioverter defibrillator in February FMCSA–2017–0326 and click the search
exemptions enable these individuals
2017 and has not deployed since that button. When the new screen appears,
who have had one or more seizures and
time. His cardiologist states that Mr. click on the blue ‘‘Comment Now!’’ are taking anti-seizure medication to
Pickett has not reported any syncopal button on the right hand side of the continue to operate CMVs in interstate
episodes and that he plans to follow up page. On the new page, enter commerce.
visits for him every three months. information required including the
DATES: The exemptions were applicable
specific section of this document to
William E. Richardson, Jr. on December 16, 2017. The exemptions
which each comment applies, and expire on December 16, 2019.
Mr. Richardson is a 55 year old driver provide a reason for each suggestion or Comments must be received on or
in Michigan. A December 20, 2017 letter recommendation. If you submit your before March 2, 2018.
from his cardiologist states that Mr. comments by mail or hand delivery,
FOR FURTHER INFORMATION CONTACT: Ms.
Richardson underwent ICD implant in submit them in an unbound format, no
Christine A. Hydock, Chief, Medical
August 2017 and that he has no history larger than 81⁄2 by 11 inches, suitable for Programs Division, 202–366–4001,
of ICD being deployed. At his last visit copying and electronic filing. If you fmcsamedical@dot.gov, FMCSA,
in November 2017 he had had almost submit comments by mail and would Department of Transportation, 1200
complete resolution of symptoms and like to know that they reached the New Jersey Avenue SE, Room W64–224,
showed no arrhythmias since implant. facility, please enclose a stamped, self- Washington, DC 20590–0001. Office
addressed postcard or envelope. hours are from 8:30 a.m. to 5 p.m., e.t.,
Terry Stephens
We will consider all comments and Monday through Friday, except Federal
Mr. Stephens is a 54 year old Class A materials received during the comment holidays. If you have questions
CDL holder in Virginia. An August 2017 period. FMCSA may issue a final regarding viewing or submitting
letter from his cardiologist states that determination any time after the close of material to the docket, contact Docket
his biventricular ICD was implanted in the comment period. Services, telephone (202) 366–9826.
April 2015. The cardiologist’s letter also ADDRESSES: You may submit comments
states that Mr. Stephens does not have V. Viewing Comments and Documents bearing the Federal Docket Management
symptoms related to his underlying System (FDMS) Docket Nos. FMCSA–
condition, has not had any episodes of To view comments, as well as any
documents mentioned in this preamble, 2014–0382; FMCSA–2015–0115;
loss of consciousness, has an ejection FMCSA–2015–0119 using any of the
fraction of 45 per cent on go to http://www.regulations.gov and in
following methods:
echocardiogram, and is NYHA class I the search box insert the docket number
• Federal eRulemaking Portal: Go to
symptomatically. FMCSA–2017–0326 and click ‘‘Search.’’
http://www.regulations.gov. Follow the
Next, click ‘‘Open Docket Folder’’ and online instructions for submitting
Jeffrey A. Weiner you will find all documents and comments.
Mr. Weiner is a 56 year old driver in comments related to this notice. • Mail: Docket Management Facility;
sradovich on DSK3GMQ082PROD with NOTICES
Minnesota. A May 2017 letter from his Issued on: January 25, 2018. U.S. Department of Transportation, 1200
cardiologist states that his ICD was Larry W. Minor, New Jersey Avenue SE, West Building
implanted in July 2014, has not Associate Administrator for Policy. Ground Floor, Room W12–140,
deployed since it was implanted, and is Washington, DC 20590–0001.
[FR Doc. 2018–01937 Filed 1–30–18; 8:45 am]
now asymptomatic. The letter states that • Hand Delivery: West Building
BILLING CODE 4910–EX–P
his current underlying heart condition Ground Floor, Room W12–140, 1200
is well compensated. New Jersey Avenue SE, Washington,
VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1](https://thefederalregister.org/doc/83_FR_4566/page/2.svg)
Document Created: 2018-01-31 00:58:52
Document Modified: 2018-01-31 00:58:52
| 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 March 2, 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 | 83 FR 4545 |
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