[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Notices]
[Pages 34967-34969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13974]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0038]
Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillators (ICDs)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of an application from one individual
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 exemption would enable the individual with an ICD to
operate CMVs in interstate commerce.
DATES: Comments must be received on or before August 25, 2025.
ADDRESSES: You may submit comments identified by Docket No. FMCSA-2025-
0038 using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov,
insert the docket number (FMCSA-2025-0038) 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,
Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, 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. Evangela Hollowell, Acting Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, (202) 527-4750, [email protected]. 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-2025-0038), 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
[[Page 34968]]
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/FMCSA-2025-0038. Next, choose the only 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. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
via email at [email protected]. At this time, you need not send a
duplicate hardcopy of your electronic CBI submissions to FMCSA
headquarters. Any comments FMCSA receives not specifically designated
as CBI will be placed in the public docket for this notice.
C. Viewing Comments
To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2025-0038) in the keyword box and click ``Search.'' Next,
choose the only 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 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.
D. 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,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice DOT/
ALL-14 FDMS (Federal Docket Management System), which can be reviewed
under the ``Department Wide System of Records Notices'' link at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the
name of the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including the applicant's safety analysis. The Agency must provide an
opportunity for public comment on the request.
The Agency reviews the application, safety analyses, and public
comments submitted and determines whether granting the exemption would
likely achieve a level of safety equivalent to, or greater than, the
level that would be achieved absent such exemption, pursuant to the
standard set forth 49 U.S.C. 31315(b)(1). The Agency must publish its
decision in the Federal Register (49 CFR 381.315(b)). If granted, the
notice will identify the regulatory provision from which the applicant
will be exempt, the effective period, and all terms and conditions of
the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the
notice will explain the reason for the denial (49 CFR 381.315(c)(2)).
The exemption may be renewed (49 CFR 381.300(b)). FMCSA grants medical
exemptions from the FMCSRs for a 2-year period to align with the
maximum duration of a driver's medical certification.
III. Background
The physical qualification standard for drivers regarding
cardiovascular diseases and loss of consciousness provides 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'' (49 CFR 391.41(b)(4)). To assist in
applying this standard, FMCSA publishes guidance for medical examiners
(MEs) in the form of medical advisory criteria in Appendix A to 49 CFR
part 391.\1\ The advisory criteria for Sec. 391.41(b)(4) indicates
that ICDs are installed to address an ongoing underlying cardiovascular
condition and that syncope or collapse is likely to occur as a result
of both the underlying cardiovascular condition as well as when the
ICDs discharge. Therefore, ICDs are medically disqualifying. In April
2007, FMCSA published an evidence report titled, ``Cardiovascular
Disease and Commercial Motor Vehicle Driver Safety,'' presenting
findings regarding cardiovascular disease and CMV driver safety.\2\ In
December 2014, FMCSA published a research report titled, ``Implantable
Cardioverter Defibrillators and the Impact of a Shock in a Patient When
Deployed,'' that provided evidence regarding the potential impact of
ICD deployment and how it may interfere with the safe operation of a
CMV.\3\
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\1\ 49 CFR part 391, App.A.II.C, available at https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/appendix-Appendix%20A%20to%20Part%20391.
\2\ ``Evidence Report: Cardiovascular Disease'' (Apr. 27, 2007),
available at https://doi.org/10.21949/1502991.
\3\ ``Implantable Cardio Defibrillators and the Impact of a
Shock to the Patient when Deployed Research White Paper'' (Dec. 17,
2014), available at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2021-06/Cardio%20Defibrillators%20White%20Paper_Final_508C.pdf.
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The Agency considers the medical advisory criteria, the April 2007
evidence report, the December 2014 research report, the application,
any public comments received, and the individual's medical information
in deciding whether to grant the exemption.
The individual listed in this notice has requested an exemption
from 49 CFR 391.41(b)(4). Accordingly, the Agency will evaluate the
qualifications of the applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.
[[Page 34969]]
IV. Qualifications of Applicant
Charles Pereira
Charles Pereira is a class CM commercial driver's license holder in
California. A January 17, 2025, letter from Mr. Pereira's cardiologist
reports that he had an ICD placed to treat ventricular fibrillation and
ventricular tachycardia. His ICD was originally implanted in June 2010,
and he received a shock from that device without loss of consciousness.
Mr. Pereira's ICD was replaced on December 12, 2022, and he has not
received any shocks from the new device. Mr. Pereira's cardiologist
also reports his underlying heart condition is stable and that he has
not experienced any symptoms concerning the device.
V. 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. FMCSA 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. 2025-13974 Filed 7-23-25; 8:45 am]
BILLING CODE 4910-EX-P