83_FR_57116 83 FR 56896 - Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators

83 FR 56896 - Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56896-56897
FR Document2018-24855

FMCSA announces receipt of applications from four 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.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018) 
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56896-56897]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24855]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0319]


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.

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SUMMARY: FMCSA announces receipt of applications from four 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 December 14, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0319 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., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

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., ET, 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. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2018-0319), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. 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, 
put the docket number, FMCSA-2018-0319, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    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.
    FMCSA will consider all comments and material received during the 
comment period.

[[Page 56897]]

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0319, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. 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 four 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.
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    \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.
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III. Qualifications of Applicants

Herman L. Bolton

    Mr. Bolton is a Class A CDL holder in Louisiana. A June 29, 2018 
report from Mr. Bolton's cardiologist states his ICD was implanted 
August 25, 2017, and that Mr. Bolton reports no complaints of syncope.

Robert A. Crawley

    Mr. Crawley is a commercial motor vehicle driver in Maryland. A 
September 13, 2018, report from his cardiologist states his ICD was 
implanted August 24, 2016, and that he denies any symptoms of device 
malfunction, arrhythmia recurrence, palpitations, syncope, or shocks.

Paul J. Hill

    Mr. Hill is a commercial motor vehicle driver in South Dakota. A 
September 25, 2018 letter from Mr. Hill's electrophysiologist reports 
that his ICD was implanted November 27, 2013, and that he has been 
stable and has not had any shocks from his device.

Johnny L. Walls, Jr.

    Mr. Walls is Class A CDL holder in Alabama. A September 7, 2018 
letter from his electrophysiologist reports that his ICD was implanted 
August 13, 2018 and he has had no shocks since his hospital discharge 
on August 22, 2018.

IV. 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.

    Issued on: November 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-24855 Filed 11-13-18; 8:45 am]
 BILLING CODE 4910-EX-P

56896 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices ACTION:Notice of Aviation Rulemaking If you are in need of assistance or New Jersey Avenue SE, Washington, Advisory Committee (ARAC) meeting. require a reasonable accommodation for DC, between 9 a.m. and 5 p.m., ET, this meeting, please contact the person Monday through Friday, except Federal SUMMARY: The FAA is issuing this notice listed under the heading FOR FURTHER Holidays. to advise the public of a meeting of the INFORMATION CONTACT. Sign and oral • Fax: 1–202–493–2251. ARAC. interpretation, as well as a listening To avoid duplication, please use only DATES: The meeting will be held on device, can be made available if one of these four methods. See the December 13, 2018, starting at 1:00 p.m. requested 10 calendar days before the ‘‘Public Participation’’ portion of the Eastern Standard Time. Arrange oral meeting. SUPPLEMENTARY INFORMATION section for presentations by November 26, 2018. instructions on submitting comments. Issued in Washington, DC, on October 22, ADDRESSES: The meeting will take place 2018. FOR FURTHER INFORMATION CONTACT: Ms. at the Federal Aviation Administration, McCracken/Huerta Collaboration Room, Lirio Liu, Christine A. Hydock, Chief, Medical 800 Independence Avenue SW, Designated Federal Officer, Aviation Programs Division, (202) 366–4001, Washington, DC 20591. Rulemaking Advisory Committee. fmcsamedical@dot.gov, FMCSA, [FR Doc. 2018–24720 Filed 11–13–18; 8:45 am] Department of Transportation, 1200 FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–13–P New Jersey Avenue SE, Room W64– Lakisha Pearson, Federal Aviation 224,Washington, DC 20590–0001. Office Administration, 800 Independence hours are from 8:30 a.m. to 5 p.m., ET, Avenue SW, Washington, DC 20591, DEPARTMENT OF TRANSPORTATION Monday through Friday, except Federal telephone (202) 267–4191; fax (202) holidays. If you have questions 267–5075; email 9-awa-arac@faa.gov. Federal Motor Carrier Safety regarding viewing or submitting SUPPLEMENTARY INFORMATION: Pursuant Administration material to the docket, contact Docket to Section 10(a)(2) of the Federal Services, telephone (202) 366–9826. Advisory Committee Act (5 U.S.C. App. [Docket No. FMCSA–2018–0319] 2), we are giving notice of a meeting of SUPPLEMENTARY INFORMATION: Qualification of Drivers; Exemption the ARAC taking place on December 12, Applications; Implantable Cardioverter I. Public Participation 2018, at the Federal Aviation Defibrillators A. Submitting Comments Administration, McCracken/Huerta Collaboration Room, 800 Independence AGENCY: Federal Motor Carrier Safety If you submit a comment, please Avenue SW, Washington, DC 20591. Administration (FMCSA), DOT. include the docket number for this The Draft Agenda includes: ACTION: Notice of applications for notice (Docket No. FMCSA–2018–0319), 1. Status Report from the FAA exemption; request for comments. indicate the specific section of this 2. Status Updates: document to which each comment a. Active Working Groups SUMMARY: FMCSA announces receipt of applies, and provide a reason for each b. Transport Airplane and Engine applications from four individuals for suggestion or recommendation. You (TAE) Subcommittee an exemption from the prohibition in may submit your comments and 3. Recommendation Reports the Federal Motor Carrier Safety material online or by fax, mail, or hand 4. Any Other Business Regulations (FMCSRs) against operation delivery, but please use only one of The Agenda will be published on the of a commercial motor vehicle (CMV) by these means. FMCSA recommends that FAA Meeting web page (https:// persons with a current clinical diagnosis you include your name and a mailing www.faa.gov/regulations_policies/ of myocardial infarction, angina address, an email address, or a phone rulemaking/npm/) once it is finalized. pectoris, coronary insufficiency, number in the body of your document Attendance is open to the interested thrombosis, or any other cardiovascular so that FMCSA can contact you if there public but limited to the space disease of a variety known to be available. Please confirm your are questions regarding your accompanied by syncope, dyspnea, submission. attendance with the person listed in the collapse, or congestive heart failure. If FOR FURTHER INFORMATION CONTACT To submit your comment online, go to granted, the exemptions would enable http://www.regulations.gov, put the section no later than November 26, these individuals with implantable 2018. Please provide the following docket number, FMCSA–2018–0319, in cardioverter defibrillators (ICDs) to the keyword box, and click ‘‘Search.’’ information: Full legal name, country of operate CMVs in interstate commerce. citizenship, and name of your industry When the new screen appears, click on DATES: Comments must be received on the ‘‘Comment Now!’’ button and type association, or applicable affiliation. If you are attending as a public citizen, or before December 14, 2018. your comment into the text box on the please indicate so. ADDRESSES: You may submit comments following screen. Choose whether you For persons participating by identified by the Federal Docket are submitting your comment as an telephone, please contact the person Management System (FDMS) Docket ID individual or on behalf of a third party listed in the FOR FURTHER INFORMATION FMCSA–2018–0319 using any of the and then submit. CONTACT section by email or phone for following methods: If you submit your comments by mail the teleconference call-in number and • Federal eRulemaking Portal: Go to or hand delivery, submit them in an passcode. Callers are responsible for http://www.regulations.gov. Follow the unbound format, no larger than 81⁄2 by paying long-distance charges. online instructions for submitting 11 inches, suitable for copying and The public must arrange by November comments. electronic filing. If you submit 26 2018, to present oral statements at • Mail: Docket Management Facility; comments by mail and would like to the meeting. The public may present U.S. Department of Transportation, 1200 know that they reached the facility, written statements to the Aviation New Jersey Avenue SE, West Building please enclose a stamped, self-addressed Rulemaking Advisory Committee by Ground Floor, Room W12–140, postcard or envelope. providing 25 copies to the Designated Washington, DC 20590–0001. FMCSA will consider all comments Federal Officer, or by bringing the • Hand Delivery: West Building and material received during the copies to the meeting. Ground Floor, Room W12–140, 1200 comment period. VerDate Sep<11>2014 18:29 Nov 13, 2018 Jkt 247001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 56897 B. Viewing Documents and Comments In addition to the regulations, FMCSA Issued on: November 5, 2018. has published advisory criteria 1 to Larry W. Minor, To view comments, as well as any assist Medical Examiners in Associate Administrator for Policy. documents mentioned in this notice as determining whether drivers with [FR Doc. 2018–24855 Filed 11–13–18; 8:45 am] being available in the docket, go to certain medical conditions are qualified BILLING CODE 4910–EX–P http://www.regulations.gov. Insert the to operate a CMV in interstate docket number, FMCSA–2018–0319, in commerce. [49 CFR part 391, the keyword box, and click ‘‘Search.’’ APPENDIX A TO PART 391—MEDICAL DEPARTMENT OF TRANSPORTATION Next, click the ‘‘Open Docket Folder’’ ADVISORY CRITERIA, section D. button and choose the document to Cardiovascular: § 391.41(b)(4), Federal Motor Carrier Safety review. If you do not have access to the paragraph 4.] The advisory criteria Administration internet, you may view the docket states that ICDs are disqualifying due to [Docket No. FMCSA–2018–0136] online by visiting the Docket risk of syncope. Management Facility in Room W12–140 Qualification of Drivers; Exemption on the ground floor of the DOT West III. Qualifications of Applicants Applications; Hearing Building, 1200 New Jersey Avenue SE, Herman L. Bolton AGENCY: Federal Motor Carrier Safety Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, Administration (FMCSA), DOT. Mr. Bolton is a Class A CDL holder in except Federal holidays. Louisiana. A June 29, 2018 report from ACTION: Notice of applications for Mr. Bolton’s cardiologist states his ICD exemption; request for comments. C. Privacy Act was implanted August 25, 2017, and SUMMARY: FMCSA announces receipt of In accordance with 5 U.S.C. 553(c), that Mr. Bolton reports no complaints of applications from 30 individuals for an DOT solicits comments from the public syncope. exemption from the hearing requirement to better inform its rulemaking process. in the Federal Motor Carrier Safety DOT posts these comments, without Robert A. Crawley Regulations (FMCSRs) to operate a edit, including any personal information Mr. Crawley is a commercial motor commercial motor vehicle (CMV) in the commenter provides, to vehicle driver in Maryland. A interstate commerce. If granted, the www.regulations.gov, as described in September 13, 2018, report from his exemptions would enable these hard of the system of records notice (DOT/ALL– cardiologist states his ICD was hearing and deaf individuals to operate 14 FDMS), which can be reviewed at implanted August 24, 2016, and that he CMVs in interstate commerce. www.dot.gov/privacy. denies any symptoms of device DATES: Comments must be received on II. Background malfunction, arrhythmia recurrence, or before December 14, 2018. palpitations, syncope, or shocks. ADDRESSES: You may submit comments Under 49 U.S.C. 31136(e) and 31315, identified by the Federal Docket FMCSA may grant an exemption from Paul J. Hill Management System (FDMS) Docket No. the FMCSRs for a five-year period if it Mr. Hill is a commercial motor FMCSA–2018–0136 using any of the finds such exemption would likely vehicle driver in South Dakota. A following methods: achieve a level of safety that is September 25, 2018 letter from Mr. • Federal eRulemaking Portal: Go to equivalent to, or greater than, the level Hill’s electrophysiologist reports that http://www.regulations.gov. Follow the that would be achieved absent such his ICD was implanted November 27, online instructions for submitting exemption. The statute also allows the 2013, and that he has been stable and comments. Agency to renew exemptions at the end has not had any shocks from his device. • Mail: Docket Management Facility; of the five-year period. FMCSA grants U.S. Department of Transportation, 1200 exemptions from the FMCSRs for a two- Johnny L. Walls, Jr. New Jersey Avenue SE, West Building year period to align with the maximum Ground Floor, Room W12–140, Mr. Walls is Class A CDL holder in duration of a driver’s medical Washington, DC 20590–0001. Alabama. A September 7, 2018 letter • Hand Delivery: West Building certification. from his electrophysiologist reports that Ground Floor, Room W12–140, 1200 The four individuals listed in this his ICD was implanted August 13, 2018 notice have requested an exemption New Jersey Avenue SE, Washington, and he has had no shocks since his DC, between 9 a.m. and 5 p.m., ET, from 49 CFR 391.41(b)(4). Accordingly, hospital discharge on August 22, 2018. the Agency will evaluate the Monday through Friday, except Federal qualifications of each applicant to IV. Request for Comments Holidays. • Fax: 1–202–493–2251. determine whether granting the In accordance with 49 U.S.C. 31136(e) To avoid duplication, please use only exemption will achieve the required and 31315, FMCSA requests public one of these four methods. See the level of safety mandated by statute. comment from all interested persons on ‘‘Public Participation’’ portion of the The physical qualification standard the exemption petitions described in SUPPLEMENTARY INFORMATION section for found in 49 CFR 391.41(b)(4) states that this notice. We will consider all instructions on submitting comments. a person is physically qualified to drive comments received before the close of FOR FURTHER INFORMATION CONTACT: Ms. a CMV if that person has no current business on the closing date indicated Christine A. Hydock, Chief, Medical clinical diagnosis of myocardial in the dates section of the notice. Programs Division, (202) 366–4001, infarction, angina pectoris, coronary fmcsamedical@dot.gov, FMCSA, insufficiency, thrombosis, or any other 1 See http://www.ecfr.gov/cgi-bin/text-idx? Department of Transportation, 1200 cardiovascular disease of a variety SID=e47b48a9ea42dd67d999246e23d97970& New Jersey Avenue SE, Room W64–224, known to be accompanied by syncope, mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_ 171.a and https://www.gpo.gov/fdsys/pkg/CFR- Washington, DC 20590–0001. Office dyspnea, collapse, or congestive cardiac 2015-title49-vol5/pdf/CFR-2015-title49-vol5- hours are 8:30 a.m. to 5 p.m., ET, failure. part391-appA.pdf. Monday through Friday, except Federal VerDate Sep<11>2014 18:29 Nov 13, 2018 Jkt 247001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1


Document Created: 2018-11-14 03:32:41
Document Modified: 2018-11-14 03:32:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemption; request for comments.
DatesComments must be received on or before December 14, 2018.
ContactMs. 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., ET, 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 Citation83 FR 56896 
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