Notice2021-24625
Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators (ICDs)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 12, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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, 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62868-62870]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24625]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov/">www.regulations.gov/</a>,
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.
<bullet> Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> 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.
<bullet> 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, <a href="/cdn-cgi/l/email-protection#d8beb5bbabb9b5bdbcb1bbb9b498bcb7acf6bfb7ae"><span class="__cf_email__" data-cfemail="91f7fcf2e2f0fcf4f5f8f2f0fdd1f5fee5bff6fee7">[email protected]</span></a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>.
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.
---------------------------------------------------------------------------
\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 <a href="https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf">https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf</a>.
---------------------------------------------------------------------------
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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 12, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.