Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators |
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Larry W. Minor
Federal Motor Carrier Safety Administration
31 January 2018
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4545-4546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01937]
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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.
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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.
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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.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-FappA.pdf.
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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]
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