Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators, 52512-52514 [2016-18737]
Download as PDF
52512
Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
The FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003 notice, except as modified, were in
compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003 notice,
except as modified by the notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
IV. Submitting Comments
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
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2016–0218 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 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, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period. FMCSA may issue a final
determination at any time after the close
of the comment period.
mstockstill on DSK3G9T082PROD with NOTICES
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2016–0218 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: July 27, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–18734 Filed 8–5–16; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
22:23 Aug 05, 2016
Jkt 238001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0175]
Qualification of Drivers; Exemption
Applications; Implantable Cardioverter
Defibrillators
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from eleven individuals for
exemptions from the rules prohibiting
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,
dyspnea, collapse, or congestive heart
failure. If granted, the exemptions
would enable these individuals to
operate CMVs for up to two years in
interstate commerce.
DATES: Comments must be received on
or before September 7, 2016.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2016–0175 using any of the following
methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov. Follow the online
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 or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket ID for this Notice. Note that all
comments received will be posted
without change to https://
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 https://
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
SUMMARY:
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
a.m. and 5 p.m., 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 online.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
FOR FURTHER INFORMATION CONTACT:
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
113, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., e.t., Monday through Friday,
except Federal holidays.
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the Federal Motor Carrier Safety
Regulations (FMCSRs) for a two-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 two-year period. The
eleven individuals listed in this notice
have requested an exemption from 49
CFR 391.41(b)(4), which applies to
drivers who operates CMVs in interstate
commerce. 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 49 CFR 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
1 See https://www.ecfr.gov/cgi-bin/text-idx?SID=
e47b48a9ea42dd67d999246e23d97
E:\FR\FM\08AUN1.SGM
08AUN1
Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section D. Cardiovascular:
§ 391.41(b)(4), paragraph 4.] The
advisory criteria states that ICDs are
disqualifying due to risk of syncope.
Qualifications of Applicants
Charles R. Allen
Mr. Allen is a 47 year old commercial
motor vehicle driver in Michigan. A
report that he provided from July 2015
from the Veterans Administration Ann
Arbor Healthcare System provider
indicates, ‘‘he has well compensated
class-I–II congestive heart failure with
and ICD. He has a normal ejection
fraction of 50–55%’’.
William Blake
Mr. Blake is a 57 year old Class A CDL
holder in New Hampshire. His ICD was
implanted in June 2015 and has never
deployed. A January 5, 2016 cardiologist
report indicates; ‘‘No symptoms
referable to ICD or underlying rhythm
changes. I believe the risk of recurrent
ventricular tachy-arrhythmias or
syncope is very low, however, given the
history of these abnormalities and the
family history of arrhythmias I would
favor continued ICD implantation’’.
mstockstill on DSK3G9T082PROD with NOTICES
Roosevelt Tyrone Brown
Mr. Brown is a 54 year old Class A
CDL holder in South Carolina. A March
17, 2016 letter from his cardiologist
states that Mr. Brown’s ICD was
implanted October 15, 2013, and that
recent echocardiography demonstrated
an ejection fraction in the 25–30 percent
range and a calculated ejection fraction
of 24% from nuclear stress testing. A
March 10, 2016 report from his
electrophysiologist indicates that Mr.
Brown has reported one shock from his
device. Overall he feels well and denies
chest pain, shortness of breath, or
dyspnea on exertion.
970&mc=true&node=pt49.5.391&rgn=div5#
ap49.5.391_171.a and https://www.gpo.gov/fdsys/
pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49vol5-part391-appA.pdf.
22:23 Aug 05, 2016
Jkt 238001
Timothy Godwin
Mr. Godwin is a 51 year old Class A
CDL holder in North Carolina. A March
30 2016 report from his cardiac
electrophysiologist indicates knowledge
of the driver and his condition since
2014 and that (Mr. Godwin) has not
required any therapies before or after
ICD implant, nor has he lost
consciousness at any time. ‘‘I consider
him to be safer than most other
commercial drives who have
undiagnosed or untreated
cardiovascular problems. I feel that
rather than the presence or absence of
an ICD in a patient what is most
important is the underlying cardiac
condition and risk for loss of
consciousness. Treated, Mr. Godwin is
at average risk’’.
James Goslee
Mr. Goslee is a 52 year old driver in
Maryland. A May 2016 letter from his
cardiologist states that his ICD was
implanted in June 2104. His ICD has
never delivered therapy. He follows up
regularly in the office and is free of
cardiac complaints. An April 2016
study shows an ejection fraction of 65–
70% and an exercise tolerance at 10
minutes of Bruce protocol. The current
status of underlying heart condition is
low intermediate cardiovascular risk
profile.
Richard Hacker
Mr. Hacker is 62 year old Class A CDL
holder in Maryland. Medical documents
from June 2016 from his cardiologist
state that his ICD was implanted in
2007. The device check in June 2016
indicated no events for 10.5 years. Mr.
Hacker’s ejection fraction is 53%. His
medical documentation indicates that
he has no symptoms.
Kevin Coulter
Mr. Coulter is a 60 year old Class A
CDL holder in California. A June 2016
letter from his cardiologist states that
his ICD was implanted in February
2015. No shock has deployed since
implantation. He has been
asymptomatic. He has an ejection
fraction of 40–45%, most recently
measured in April 2015.
VerDate Sep<11>2014
John Dudar
Mr. Dudar is a 55 year old Class A
CDL holder in Connecticut. An undated
cardiologist report indicates that the ICD
has been in place since 2003. ‘‘He has
experienced several shocks from his
device and around that time was
upgraded to biventricular ICD. At least
back to 2009 he has not received any
ICD discharges. His device is stable and
at this point he really has no significant
heart failure symptoms. His last ejection
fraction was estimated at 25% in August
2013. His cardiac issues appear stable.
He has had no recent ventricular
arrhythmias and he has a normally
functioning Biv-ICD’’.
Kathryn Kosse
Ms. Kosse is a 63 year old Class D
holder in Arizona. A May 2016 letter
from her cardiologist states that her
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Fmt 4703
Sfmt 4703
52513
defibrillator was implanted in October
2014. ‘‘Her ICD has never deployed and
her symptoms have completely
resolved. Her left ventricular ejection
fraction is normal. Ms. Kosse appears to
be in stable cardiovascular health’’.
Joseph Skrzyniarz
Mr. Skrzyniarz is a 56 year old Class
A CDL holder in Michigan. He possesses
a one-year Michigan waiver dated
October 22, 2015 for intrastate driving.
A September 15, 2015 cardiologistelectrophysiologist report indicates that
his ICD has been implanted since
February 2015. He has not received any
ICD shocks from his device at this time.
‘‘He had two episodes of asymptomatic
non-sustained ventricular tachycardia.
His condition is stable over the past year
and unchanged. He has not had any ICD
shocks or dangerous arrhythmias. He
has been asymptomatic and is safe to
operate a commercial vehicle in
accordance to his job description which
was provided. I have no reservations at
this time’’. A September 17 cardiologist
report provides that, ‘‘To date the device
has not been activated and his
underlying cardiac condition has been
deemed stable.’’
Wylanne Deon Stafford
Mr. Stafford is a 48 year old driver in
Illinois. An April 26, 2016 report from
his cardiologist indicates that Mr.
Stafford’s ICD was implanted in 2011
and has never fired. His cardiologist
indicates that since ICD placement, his
ejection fraction has normalized to 55%
and he is asymptomatic and stable.
II. 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. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the notice.
III. Submitting Comments
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
https://www.regulations.gov and in the
search box insert the docket number
‘‘FMCSA–2016–0175’’ and click the
search button. When the new screen
appears, click on the blue ‘‘Comment
E:\FR\FM\08AUN1.SGM
08AUN1
52514
Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
Now!’’ button on the right hand side of
the page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 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, selfaddressed postcard or envelope.
We will consider all comments and
materials received during the comment
period. FMCSA may issue a final
determination any time after the close of
the comment period.
IV. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2016–0175 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: July 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–18737 Filed 8–5–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0031]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 11 individuals for
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations. They are unable to meet
the vision requirement in one eye for
various reasons. The exemptions will
enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement in
one eye. If granted, the exemptions
would enable these individuals to
qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on
or before September 7, 2016. All
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
22:23 Aug 05, 2016
Jkt 238001
comments will be investigated by
FMCSA. The exemptions will be issued
the day after the comment period closes.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2016–0031 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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., 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 https://
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 https://
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., 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: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking 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.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
113, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., e.t.,
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the Federal Motor Carrier Safety
Regulations for a 2-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.’’
FMCSA can renew exemptions at the
end of each 2-year period. The 11
individuals listed in this notice have
each requested such an exemption from
the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce.
Accordingly, the Agency will evaluate
the qualifications of each applicant to
determine whether granting an
exemption will achieve the required
level of safety mandated by statute.
II. Qualifications of Applicants
Daniel S. Billig
Mr. Billig, 29, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/200. Following an
examination in 2015, his optometrist
stated, ‘‘In my medical opinion, Daniel
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Billig reported
that he has driven straight trucks for 3
years, accumulating 30,000 miles. He
holds an operator’s license from
Minnesota. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Duane N. Brojer
Mr. Brojer, 50, has had amblyopia in
his left eye since birth. The visual acuity
in his right eye is 20/20, and in his left
eye, 20/100. Following an examination
in 2016, his optometrist stated, ‘‘Dr. L.
Victor Sandoval certifies that in his
medical opinion, Duane has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Brojer reported that he has
driven straight trucks for 21 years,
accumulating 756,000 miles. He holds
an operator’s license from New Mexico.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52512-52514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18737]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0175]
Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillators
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from eleven
individuals for exemptions from the rules prohibiting 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, dyspnea, collapse, or
congestive heart failure. If granted, the exemptions would enable these
individuals to operate CMVs for up to two years in interstate commerce.
DATES: Comments must be received on or before September 7, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2016-0175 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the online 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 or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket ID for this Notice. Note that all comments received will be
posted without change to https://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 https://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., 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 online.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to https://www.regulations.gov, as described in
the system records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays.
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations (FMCSRs) for a two-
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 two-year period. The eleven
individuals listed in this notice have requested an exemption from 49
CFR 391.41(b)(4), which applies to drivers who operates CMVs in
interstate commerce. 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 49 CFR 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
[[Page 52513]]
assist medical examiners in determining whether drivers with certain
medical conditions are qualified to operate a CMV in interstate
commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL ADVISORY
CRITERIA, section D. Cardiovascular: Sec. 391.41(b)(4), paragraph 4.]
The advisory criteria states that ICDs are disqualifying due to risk of
syncope.
---------------------------------------------------------------------------
\1\ See https://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------
Qualifications of Applicants
Charles R. Allen
Mr. Allen is a 47 year old commercial motor vehicle driver in
Michigan. A report that he provided from July 2015 from the Veterans
Administration Ann Arbor Healthcare System provider indicates, ``he has
well compensated class-I-II congestive heart failure with and ICD. He
has a normal ejection fraction of 50-55%''.
William Blake
Mr. Blake is a 57 year old Class A CDL holder in New Hampshire. His
ICD was implanted in June 2015 and has never deployed. A January 5,
2016 cardiologist report indicates; ``No symptoms referable to ICD or
underlying rhythm changes. I believe the risk of recurrent ventricular
tachy-arrhythmias or syncope is very low, however, given the history of
these abnormalities and the family history of arrhythmias I would favor
continued ICD implantation''.
Roosevelt Tyrone Brown
Mr. Brown is a 54 year old Class A CDL holder in South Carolina. A
March 17, 2016 letter from his cardiologist states that Mr. Brown's ICD
was implanted October 15, 2013, and that recent echocardiography
demonstrated an ejection fraction in the 25-30 percent range and a
calculated ejection fraction of 24% from nuclear stress testing. A
March 10, 2016 report from his electrophysiologist indicates that Mr.
Brown has reported one shock from his device. Overall he feels well and
denies chest pain, shortness of breath, or dyspnea on exertion.
Kevin Coulter
Mr. Coulter is a 60 year old Class A CDL holder in California. A
June 2016 letter from his cardiologist states that his ICD was
implanted in February 2015. No shock has deployed since implantation.
He has been asymptomatic. He has an ejection fraction of 40-45%, most
recently measured in April 2015.
John Dudar
Mr. Dudar is a 55 year old Class A CDL holder in Connecticut. An
undated cardiologist report indicates that the ICD has been in place
since 2003. ``He has experienced several shocks from his device and
around that time was upgraded to biventricular ICD. At least back to
2009 he has not received any ICD discharges. His device is stable and
at this point he really has no significant heart failure symptoms. His
last ejection fraction was estimated at 25% in August 2013. His cardiac
issues appear stable. He has had no recent ventricular arrhythmias and
he has a normally functioning Biv-ICD''.
Timothy Godwin
Mr. Godwin is a 51 year old Class A CDL holder in North Carolina. A
March 30 2016 report from his cardiac electrophysiologist indicates
knowledge of the driver and his condition since 2014 and that (Mr.
Godwin) has not required any therapies before or after ICD implant, nor
has he lost consciousness at any time. ``I consider him to be safer
than most other commercial drives who have undiagnosed or untreated
cardiovascular problems. I feel that rather than the presence or
absence of an ICD in a patient what is most important is the underlying
cardiac condition and risk for loss of consciousness. Treated, Mr.
Godwin is at average risk''.
James Goslee
Mr. Goslee is a 52 year old driver in Maryland. A May 2016 letter
from his cardiologist states that his ICD was implanted in June 2104.
His ICD has never delivered therapy. He follows up regularly in the
office and is free of cardiac complaints. An April 2016 study shows an
ejection fraction of 65-70% and an exercise tolerance at 10 minutes of
Bruce protocol. The current status of underlying heart condition is low
intermediate cardiovascular risk profile.
Richard Hacker
Mr. Hacker is 62 year old Class A CDL holder in Maryland. Medical
documents from June 2016 from his cardiologist state that his ICD was
implanted in 2007. The device check in June 2016 indicated no events
for 10.5 years. Mr. Hacker's ejection fraction is 53%. His medical
documentation indicates that he has no symptoms.
Kathryn Kosse
Ms. Kosse is a 63 year old Class D holder in Arizona. A May 2016
letter from her cardiologist states that her defibrillator was
implanted in October 2014. ``Her ICD has never deployed and her
symptoms have completely resolved. Her left ventricular ejection
fraction is normal. Ms. Kosse appears to be in stable cardiovascular
health''.
Joseph Skrzyniarz
Mr. Skrzyniarz is a 56 year old Class A CDL holder in Michigan. He
possesses a one-year Michigan waiver dated October 22, 2015 for
intrastate driving. A September 15, 2015 cardiologist-
electrophysiologist report indicates that his ICD has been implanted
since February 2015. He has not received any ICD shocks from his device
at this time. ``He had two episodes of asymptomatic non-sustained
ventricular tachycardia. His condition is stable over the past year and
unchanged. He has not had any ICD shocks or dangerous arrhythmias. He
has been asymptomatic and is safe to operate a commercial vehicle in
accordance to his job description which was provided. I have no
reservations at this time''. A September 17 cardiologist report
provides that, ``To date the device has not been activated and his
underlying cardiac condition has been deemed stable.''
Wylanne Deon Stafford
Mr. Stafford is a 48 year old driver in Illinois. An April 26, 2016
report from his cardiologist indicates that Mr. Stafford's ICD was
implanted in 2011 and has never fired. His cardiologist indicates that
since ICD placement, his ejection fraction has normalized to 55% and he
is asymptomatic and stable.
II. 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. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
III. Submitting Comments
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 https://www.regulations.gov and
in the search box insert the docket number ``FMCSA-2016-0175'' and
click the search button. When the new screen appears, click on the blue
``Comment
[[Page 52514]]
Now!'' button on the right hand side of the page. On the new page,
enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. 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.
We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination any time after
the close of the comment period.
IV. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to https://www.regulations.gov and in the search box insert
the docket number FMCSA-2016-0175 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: July 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18737 Filed 8-5-16; 8:45 am]
BILLING CODE 4910-EX-P