|
|---|
|
Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators (ICDs) Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 13 February 2023 Subjects: American Government  , Driver Licensing
|
[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9318-9320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03019]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0041]
Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillators (ICDs)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
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 (transient loss of consciousness), dyspnea
(shortness of breath), collapse, or congestive heart failure. If
granted, the exemptions
[[Page 9319]]
would enable these individuals with ICDs to operate CMVs in interstate
commerce.
DATES: Comments must be received on or before March 15, 2023.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2023-0041 using any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2023-0041) in the keyword box and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click on the ``Comment'' button. Follow
the online instructions for submitting comments.
Mail: Dockets Operations; 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: (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, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001, (202) 366-4001,
fmcsamedical@dot.gov. 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 Dockets
Operations, (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-2023-0041), 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 www.regulations.gov/docket?D=FMCSA-2023-0041. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' 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.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Comments
To view comments, go to www.regulations.gov. Insert the docket
number (FMCSA-2023-0041) in the keyword box and click ``Search.'' Next,
sort the results by ``Posted (Newer-Older),'' choose the first notice
listed, and click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call (202) 366-9317 or (202) 366-9826
before visiting Dockets Operations.
C. Privacy Act
In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. 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 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.
II. Background
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 statutes also allow the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-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 Sec. 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 Sec. 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. The advisory criteria states that ICDs are
disqualifying due to risk of syncope.
---------------------------------------------------------------------------
\1\ These criteria may be found in 49 CFR part 391, Appendix A
to Part 391--Medical Advisory Criteria, Section D. Cardiovascular:
Sec. 391.41(b)(4), paragraph 4, which is available on the internet
at https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------
III. Qualifications of Applicants
Kevin Coughlin
Kevin Coughlin is a class A driver's license holder in
Massachusetts. A letter dated January 12, 2023, from Kevin Coughlin's
cardiologist reports that the ICD was implanted 25 years ago due to a
diagnosis of long QT syndrome. Kevin Coughlin's cardiologist reports
that in 2003, they received one defibrillation but for the last 20
years, they have not experienced any dangerous arrhythmias or
defibrillator shock therapies and that their condition is stable.
Charles Halepakis
Charles Halepakis is a class A driver's license holder in
Massachusetts. Charles Halepakis' ICD was implanted on January 11,
2022. Their cardiologist reports diagnoses of cardiomyopathy, coronary
artery disease, and heart failure. Since the implantation of the
device, the cardiologist reports that Charles Halepakis has experienced
no overt heart failure symptoms and that they maintain a high
functional capacity on a limited medical regimen.
[[Page 9320]]
Antonio Maceroni
Antonio Maceroni is a class B driver's license holder in Michigan.
A letter dated November 9, 2022, from Antonio Maceroni's health care
provider reports that their ICD was implanted on January 5, 2021, due
to a diagnosis of ventricular tachycardia. Since being implanted,
Antonio Maceroni has experienced six episodes of cardiac arrythmias
which received pace terminated therapy. The healthcare provider reports
that Antonio Maceroni denies symptoms of ventricular tachycardia
related arrhythmia since the implantation.
Michael Wilson
Michael Wilson is a class A driver's license holder in Florida.
Michael Wilson's ICD was implanted on February 12, 2015. The
cardiologist reports that the ICD was implanted due to diagnoses of
cardiomyopathy and cardiac sarcoidosis with high-risk features. Since
implantation, Michael Wilson had a single episode of syncope in 2015,
with no subsequent reports of shocks or cardiac complaints.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), 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 under the DATES
section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-03019 Filed 2-10-23; 8:45 am]
BILLING CODE 4910-EX-P