Qualification of Drivers; Application for Exemptions; Implantable Cardioverter Defibrillators, 20873-20874 [2012-8372]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices WI. The purpose of the project is to address emerging pavement and structural needs, safety issues and design deficiencies while identifying methods to accommodate existing and projected future traffic volumes; this may result in the full reconstruction and redesign of the I–43 corridor as well a potential new interchange at Highland Road. The EIS will evaluate the I–43 freeway corridor from I–43 at Hwy. 60 on the north and I–43 at Silver Spring Drive on the south, approximately 14 miles in length. The EIS will also evaluate the service interchanges and adjacent arterial roads in Milwaukee and Ozaukee Counties, including the following service interchanges Hwy. 60, CTH C, Hwy. 167/Mequon Road, partial interchange northbound to Port Washington Road and southbound from County Line Road, Hwy. 100/Brown Deer Road, Good Hope Road, and Silver Spring Drive interchanges. The EIS will be developed in accordance with 23 U.S.C. 139, 23 CFR 771, and 40 CFR 1500–1508. Public involvement is a critical component of the National Environmental Policy Act (NEPA) project development process and will occur throughout the development of the environmental documents. These documents will be made available for review by federal and state resource agencies and the public. Specific efforts to encourage involvement by, and solicit comments from, minority and lowincome populations in the project study area will be made. A series of public information meetings will be held during the project study. Public notice will be given as to the time and place of all workshops and public information meetings. In addition, a public hearing will be held after the completion of the Draft EIS. Inquiries related to the I–43 Corridor project study can be sent to DOTI43NorthSouth@dot.wi.gov, and a public Web site will be maintained throughout the study for public comment and information at http:// www.sefreeways.org. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Comments and questions concerning the proposed action and the EIS should be directed to the FHWA address provided above. Projects receiving Federal funds must comply with Title VI of the Civil Rights Act and Executive Order 12898 Federal Actions to Address Environmental Justice in Minority and Low-Income Populations. Federal law prohibits discrimination on the basis of race, color, age, sex, or country of national VerDate Mar<15>2010 16:17 Apr 05, 2012 Jkt 226001 origin in the implementation of this project. It is also Federal policy to identify and address any disproportionately high and adverse effects of federal projects on the health or environment of minority and lowincome populations to the greatest extent practicable and permitted by law. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Issued on: March 29, 2012. Bethaney Bacher-Gresock, Environmental Program Manager, Federal Highway Administration, Madison Wisconsin. [FR Doc. 2012–8242 Filed 4–5–12; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA—2012–0081] Qualification of Drivers; Application for Exemptions; Implantable Cardioverter Defibrillators Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from four individuals for an exemption from the prohibition against persons with an implantable cardioverter defibrillator (ICD) in the Federal Motor Carrier Safety Regulations (FMCSRs), due to syncope or likelihood of causing any loss of ability to operate a commercial motor vehicle (CMV) safely. FMCSA requests public comments on these applications for an exemption. If granted, the exemption would enable these individuals with ICDs to operate CMVs in interstate commerce. DATES: Comments must be received on or before May 7, 2012. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2011–(0081) using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building SUMMARY: PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 20873 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: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers 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., ET, 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 selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/ E8–785.pdf. FOR FURTHER INFORMATION CONTACT: Benisse Lester, M.D., Chief Medical Officer, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-( ), Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Section 4007 of the Transportation Equity Act for the 21st Century (TEA– 21) [Pub. L. 105–178, June 9, 1998, 112 Stat. 107, 401] as amended 49 U.S.C. 31315 and 31136(e) provides authority to grant exemptions from many of the Federal Motor Carrier Safety E:\FR\FM\06APN1.SGM 06APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 20874 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices Regulations (FMCSRs). On August 20, 2004, FMCSA published a final rule implementing section 4007 (69 FR 51589). Under this rule, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must also specify the effective period of the exemption (up to 2 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 381.300(b)). The four individuals listed in this notice have requested an exemption from the ICD prohibition in 49 CFR 391.41(b)(4), which applies to drivers who operate CMVs as defined in 49 CFR 390.5, in interstate commerce. Section 391.41(b)(4) states that a person is physically qualified to drive a commercial motor vehicle 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. FMCSA provides medical advisory criteria for use by medical examiners in determining whether drivers with certain medical conditions, procedures, and/or treatments should be certified to operate commercial motor vehicles in interstate commerce. The advisory criteria indicate that: The term ‘‘has no current clinical diagnosis of’’ (1) a current cardiovascular condition, or (2) a cardiovascular condition which has not fully stabilized regardless of the time limit. The term ‘‘known to be accompanied by’’ is designed to include a clinical diagnosis of a cardiovascular disease (1) which is accompanied by symptoms of syncope, dyspnea, collapse VerDate Mar<15>2010 16:17 Apr 05, 2012 Jkt 226001 or congestive cardiac failure; and/or (2) which is likely to cause syncope, dyspnea, collapse, or congestive cardiac failure. It is the intent of the FMCSRs to render unqualified a driver who has a current cardiovascular disease which is accompanied by and/or likely to cause symptoms of syncope, dyspnea, collapse, or congestive cardiac failure. However, the subjective decision of whether the nature and severity of an individual’s condition will likely cause symptoms of cardiovascular insufficiency rests with the medical examiner and the motor carrier. The advisory criteria states that implantable cardioverter defibrillators are disqualifying due to risk of syncope. The emphasis should be on the underlying medical condition(s) which require treatment and the general health of the driver. In the case of ICDs the underlying condition for which the device was placed may place the driver at risk for syncope or gradual or sudden incapacitation that may be likely to result in loss of ability to safely control a CMV. ICDs also may deploy inappropriately, which would result in loss of ability to safely control a CMV. Individual Applications for Exemption—Qualifications Donald Hively Mr. Hively is a 52 year old commercial motor vehicle (CMV) driver who holds a class A commercial drivers license (CDL) from the state of Pennsylvania. Mr. Hively has driven a truck for 36 years. He had an ICD placed due to ventricular tachycardia and a low ejection fraction which improved. The device has deployed several times, most recently due to ventricular tachycardia in October 2011. Mr. Hively would like to continue to drive a truck in interstate commerce, if he is granted an exemption. Richard Tadsen Mr. Tadsen is a 72 year old CMV driver who holds a class B and class D CDL from the state of Iowa. Mr. Tadsen had an ICD placed in 2009, with a history that includes cardiomyopathy, low ejection fraction which has improved, and hypertension. He would like to obtain a CDL and drive a CMV in interstate commerce, if granted an exemption. Mr. Freund is a 59 year old CMV driver who holds a class C and class D CDL from the state of New Jersey. Mr. Freund had an ICD placed due to a Frm 00096 Fmt 4703 Richard Rusk Mr. Rusk is a 53 year old CMV driver who holds a class A CDL in Illinois. Mr. Rusk had an ICD placed in 2010 as part of a clinical trial for sarcoidosis. He has had no episode of syncope. The ICD has never deployed. His physician states that Mr. Rusk is at the lower risk end of persons with ICDs. Mr. Rusk would like to obtain a CDL and drive a CMV in interstate commerce, if granted an exemption. 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. The Agency will consider all comments received before the close of business May 7, 2012. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: March 29, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–8372 Filed 4–5–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2011–0382] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt seventeen individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in SUMMARY: Richard Freund PO 00000 congenital heart condition. His driving history has a Driving Under the Influence of Alcohol or Drugs (DUI) in 1988. He would like to obtain a CDL and drive a CMV in interstate commerce, as a courier transporting small packages for distances that are usually less than 100 miles, if granted an exemption. Sfmt 4703 E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20873-20874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8372]


-----------------------------------------------------------------------

 DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA--2012-0081]


Qualification of Drivers; Application for Exemptions; Implantable 
Cardioverter Defibrillators

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from four individuals 
for an exemption from the prohibition against persons with an 
implantable cardioverter defibrillator (ICD) in the Federal Motor 
Carrier Safety Regulations (FMCSRs), due to syncope or likelihood of 
causing any loss of ability to operate a commercial motor vehicle (CMV) 
safely. FMCSA requests public comments on these applications for an 
exemption. If granted, the exemption would enable these individuals 
with ICDs to operate CMVs in interstate commerce.

DATES: Comments must be received on or before May 7, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-(0081) using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers 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., ET, 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 on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Benisse Lester, M.D., Chief Medical 
Officer, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Department of 
Transportation, 1200 New Jersey Avenue SE., Room W64-( ), Washington, 
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA-21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401] as amended 
49 U.S.C. 31315 and 31136(e) provides authority to grant exemptions 
from many of the Federal Motor Carrier Safety

[[Page 20874]]

Regulations (FMCSRs). On August 20, 2004, FMCSA published a final rule 
implementing section 4007 (69 FR 51589). Under this rule, FMCSA must 
publish a notice of each exemption request in the Federal Register (49 
CFR 381.315(a)). The Agency must provide the public with an opportunity 
to inspect the information relevant to the application, including any 
safety analyses that have been conducted. The Agency must also provide 
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to or greater than the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)). If the Agency denies the request, it must state the reason 
for doing so. If the decision is to grant the exemption, the notice 
must specify the person or class of persons receiving the exemption and 
the regulatory provision or provisions from which an exemption is 
granted. The notice must also specify the effective period of the 
exemption (up to 2 years) and explain the terms and conditions of the 
exemption. The exemption may be renewed (49 CFR 381.315(c) and 
381.300(b)). The four individuals listed in this notice have requested 
an exemption from the ICD prohibition in 49 CFR 391.41(b)(4), which 
applies to drivers who operate CMVs as defined in 49 CFR 390.5, in 
interstate commerce. Section 391.41(b)(4) states that a person is 
physically qualified to drive a commercial motor vehicle 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.
    FMCSA provides medical advisory criteria for use by medical 
examiners in determining whether drivers with certain medical 
conditions, procedures, and/or treatments should be certified to 
operate commercial motor vehicles in interstate commerce. The advisory 
criteria indicate that: The term ``has no current clinical diagnosis 
of'' (1) a current cardiovascular condition, or (2) a cardiovascular 
condition which has not fully stabilized regardless of the time limit. 
The term ``known to be accompanied by'' is designed to include a 
clinical diagnosis of a cardiovascular disease (1) which is accompanied 
by symptoms of syncope, dyspnea, collapse or congestive cardiac 
failure; and/or (2) which is likely to cause syncope, dyspnea, 
collapse, or congestive cardiac failure.
    It is the intent of the FMCSRs to render unqualified a driver who 
has a current cardiovascular disease which is accompanied by and/or 
likely to cause symptoms of syncope, dyspnea, collapse, or congestive 
cardiac failure. However, the subjective decision of whether the nature 
and severity of an individual's condition will likely cause symptoms of 
cardiovascular insufficiency rests with the medical examiner and the 
motor carrier.
    The advisory criteria states that implantable cardioverter 
defibrillators are disqualifying due to risk of syncope. The emphasis 
should be on the underlying medical condition(s) which require 
treatment and the general health of the driver.
    In the case of ICDs the underlying condition for which the device 
was placed may place the driver at risk for syncope or gradual or 
sudden incapacitation that may be likely to result in loss of ability 
to safely control a CMV. ICDs also may deploy inappropriately, which 
would result in loss of ability to safely control a CMV.

Individual Applications for Exemption--Qualifications

Donald Hively

    Mr. Hively is a 52 year old commercial motor vehicle (CMV) driver 
who holds a class A commercial drivers license (CDL) from the state of 
Pennsylvania. Mr. Hively has driven a truck for 36 years. He had an ICD 
placed due to ventricular tachycardia and a low ejection fraction which 
improved. The device has deployed several times, most recently due to 
ventricular tachycardia in October 2011. Mr. Hively would like to 
continue to drive a truck in interstate commerce, if he is granted an 
exemption.

Richard Tadsen

    Mr. Tadsen is a 72 year old CMV driver who holds a class B and 
class D CDL from the state of Iowa. Mr. Tadsen had an ICD placed in 
2009, with a history that includes cardiomyopathy, low ejection 
fraction which has improved, and hypertension. He would like to obtain 
a CDL and drive a CMV in interstate commerce, if granted an exemption.

Richard Freund

    Mr. Freund is a 59 year old CMV driver who holds a class C and 
class D CDL from the state of New Jersey. Mr. Freund had an ICD placed 
due to a congenital heart condition. His driving history has a Driving 
Under the Influence of Alcohol or Drugs (DUI) in 1988. He would like to 
obtain a CDL and drive a CMV in interstate commerce, as a courier 
transporting small packages for distances that are usually less than 
100 miles, if granted an exemption.

Richard Rusk

    Mr. Rusk is a 53 year old CMV driver who holds a class A CDL in 
Illinois. Mr. Rusk had an ICD placed in 2010 as part of a clinical 
trial for sarcoidosis. He has had no episode of syncope. The ICD has 
never deployed. His physician states that Mr. Rusk is at the lower risk 
end of persons with ICDs. Mr. Rusk would like to obtain a CDL and drive 
a CMV in interstate commerce, if granted an exemption.

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. The Agency will consider all comments 
received before the close of business May 7, 2012. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should monitor the public docket for new material.

    Issued on: March 29, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-8372 Filed 4-5-12; 8:45 am]
BILLING CODE 4910-EX-P