[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62868-62870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24625]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0159]


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.

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SUMMARY: FMCSA announces receipt of applications from five 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,

[[Page 62869]]

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 would enable these individuals with ICDs to 
operate CMVs in interstate commerce.

DATES: Comments must be received on or before December 13, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2021-0159 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2021-0159, 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, (202) 366-4001, [email protected], FMCSA, 
DOT, 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 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-2021-0159), 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, insert 
the docket number FMCSA-2021-0159 in the keyword box, and click 
``Search.'' 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. 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.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number, FMCSA-2021-0159, 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 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its regulatory 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.transportation.gov/privacy.

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 statute also allows 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 five 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 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.
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    \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.
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III. Qualifications of Applicants

Rosie A. Byrd

    Ms. Byrd is a CMV driver with a CDL in Kansas seeking to transfer 
her CDL to Texas. An August 26, 2021, letter from Ms. Byrd's 
cardiologist reports that she has never been symptomatic from her 
underlying heart condition. Ms. Byrd's cardiologist's letter states 
that her ICD was implanted in October of 2019, has not discharged since 
implantation, and that she is stable with no clinical events related to 
the heart condition.

Thomas Jacobs

    Mr. Jacobs is a CMV driver in New York. An August 31, 2021 letter 
from Mr. Jacob's cardiologist reports that his ICD was implanted in 
October of 2018. Mr. Jacobs' cardiologist's letter states that there 
have been no displays of

[[Page 62870]]

tachycardia pacing or shocks in the 3 years since implantation, and 
that the status of his underlying heart condition is stable, his 
echocardiogram is unchanged, and he has a left ventricular ejection 
function of 35 percent.

Lee Latin

    Mr. Latin is a CMV driver in North Carolina. An October 12, 2021 
letter from his cardiologist's office reports that his biventricular 
device was implanted in 2012. His last ejection fraction in 2018 was 
``mildly reduced'' at 45 to 55 percent. He has experienced one 
inappropriate shock for sinus tachycardia in 2017. He had a generator 
replacement in 2019, is stable, and has not experienced any ICD 
therapies since September of 2021.

Wayne Pimpare

    Mr. Pimpare is a CMV driver in Maine. A May 6, 2021 letter from Mr. 
Pimpare's cardiologist reports that his ICD was initially implanted in 
2012 and was replaced in 2020. Mr. Pimpare's letter from his 
cardiologist states that his ICD has never discharged, that he has no 
symptoms related to his ICD, and that his underlying cardiac condition 
is stable.

Bradley Plunket

    Mr. Plunket is a CMV driver in Illinois. A July 27, 2021 letter 
from Mr. Plunket's cardiologist reports that his ICD was implanted in 
January of 2017. Mr. Plunket's cardiologist's letter states that as of 
April 2021 Mr. Plunket reports no complaints and no ICD shocks, and 
that he is scheduled for routine follow-ups every 3 months.

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. 2021-24625 Filed 11-10-21; 8:45 am]
BILLING CODE 4910-EX-P