Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators, 91238-91239 [2016-30283]

Download as PDF 91238 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2016–30249 Filed 12–15–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Release From Quitclaim Deed and Grant Assurance Obligations at Reno Stead Airport, Reno, Washoe County, Nevada Federal Aviation Administration, DOT. ACTION: Notice of a land release. AGENCY: The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the application for a land release of approximately 0.58 acres of airport property and associated 15-foot-wide access easement owned by Reno Stead Airport, Reno, Washoe County, Nevada from the airport use provisions of the Grant Agreement Assurances since the land is not needed for airport purposes. The subject property is located approximately 0.5 miles from the Reno Stead Airport and has no identified airport-related purpose. The airport will be compensated for the fair market value of the released property. Reuse of the property will not interfere with the airport or its operation, thereby protecting the interests of civil aviation. DATES: Comments must be received on or before January 17, 2017. FOR FURTHER INFORMATION CONTACT: Comments on the request may be mailed or delivered to the FAA at the following address: Mike N. Williams, Manager, Airports District Office, Federal Register Comment, Federal Aviation Administration, Phoenix Airports District Office, 3800 N. Central Avenue, Suite 1025, Phoenix, Arizona 85012. In addition, one copy of the comment submitted to the FAA must be mailed or delivered to Ms. Lissa Butterfield, Senior Airport Planner, Reno-Tahoe Airport Authority, P.O. Box 12490, Reno, NV 89510. SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21), Public Law 106–181 (Apr. 5, 2000; 114 Stat. 61), this notice must be published in the Federal Register 30 days before the DOT Secretary may waive any condition imposed on a federally obligated airport by surplus property conveyance deeds or grant agreements. mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 The following is a brief overview of the request: The Reno-Tahoe Airport Authority (RTAA) requested a release from the provisions of the Grant Agreement Assurances to permit the disposal of approximately 0.58 acres of land near Reno Stead Airport, Reno, Washoe County, Nevada to permit Artisan Communities to incorporate the 0.58acre property into their approximately 47-acre community development. The property is located in an area zoned residential and the release will eliminate RTAA’s future liability for the property since the property cannot be redeveloped for a commercial or airport purpose. The airport will be compensated for the fair market value of the released property. The RTAA supports disposal of the parcel, which has no identified airport-related purpose or future use, especially since it is 0.5 miles from the airport. Reuse of the property will not interfere with the airport or its operation, thereby protecting the interests of civil aviation. Based on the benefits of fair compensation in exchange for the land, the interests of civil aviation will be properly served. Issued in Hawthorne, California, on December 8, 2016. Brian Q. Armstrong, Manager, Safety and Standards Branch, Airports Division, Western-Pacific Region. [FR Doc. 2016–30210 Filed 12–15–16; 8:45 am] BILLING CODE 4910–13–P 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 denials of exemption applications. AGENCY: FMCSA announces its decision to deny applications from 11 individuals seeking exemptions from the Federal cardiovascular standard applicable to interstate truck and bus drivers and discusses the reasons for the denials. The Agency reviewed the medical information of each of the individuals who applied for an implantable cardioverter defibrillator (ICD) exemption. Based on a review of the applications and following an opportunity for public comment, FMCSA has concluded that the 11 SUMMARY: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 individuals in the notice did not demonstrate they could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation. DATES: Denial letters were sent to each of the individuals listed in this notice on October 11, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief Medical Programs Division, 202–366–4001, U.S. Department of Transportation, FMCSA, 1200 New Jersey Avenue SE., Room W64–224, 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 Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for up to five years 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 for up to an additional five years at the end of each five-year period.1 On August 8, 2016, FMCSA published for public notice and comment, FMCSA 2016–0175, listing 11 individuals seeking exemptions for ICDs. Accordingly, the Agency has evaluated each applicant’s request to determine whether granting an exemption will achieve the required level of safety mandated by statute. Evaluation Criteria—Cardiovascular Medical Standard and Advisory Criteria The individuals included in this notice have requested an exemption from the provisions of 49 CFR 391.41(b)(4), which applies to drivers who operate CMVs in interstate commerce, as defined in 49 CFR 390.5. 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 [a temporary loss of consciousness due to a sudden decline in blood flow to the brain], dyspnea [shortness of breath], collapse, or congestive cardiac failure. 1 49 U.S.C. 31315(b), as amended by section 5206(a) of the FAST Act, Public Law 114–94, div. A, title V, 129 Stat. 1537 (Dec. 4, 2015). E:\FR\FM\16DEN1.SGM 16DEN1 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices The FMCSA provides medical advisory criteria as recommendations for use by medical examiners in determining whether drivers with certain medical conditions and drivers who have undergone certain procedures and/or treatments should be certified to operate CMVs in interstate commerce in accordance with the various physical qualification standards in 49 CFR part 391, subpart E. The advisory criteria are currently set out in Appendix A to 49 CFR part 391. The advisory criteria for section 391.41(b)(4) provide, in part, that: mstockstill on DSK3G9T082PROD with NOTICES The term ‘‘has no current clinical diagnosis of’’ is specifically designed to encompass: ‘‘a 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 Federal Motor Carrier Safety Regulations 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 is on an individual basis and qualification rests with the medical examiner and the motor carrier. In the case of persons with ICDs, the underlying condition for which the ICD was implanted places the individual at high risk for syncope (a transient loss of consciousness) or other unpredictable events known to result in gradual or sudden incapacitation. ICDs may discharge, which could result in loss of ability to safely control a CMV. See the Evidence Report on ‘‘Cardiovascular Disease and Commercial Motor Vehicle Driver Safety,’’ April 2007.2 A focused research report entitled ‘‘Implantable Cardioverter Defibrillators and the Impact of a Shock on a Patient When Deployed,’’ completed for the FMCSA in December 2014, indicates that the available scientific data on persons with ICDs and CMV driving does not support that persons with ICDs who operate CMVs are able to meet an equal or greater level of safety and upholds the findings of the April 2007 report. Copies of the April 2007 report and the 2 Now available at http://ntl.bts.gov/lib/30000/ 30100/30123/Final_CVD_Evidence_Report_v2.pdf. VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 December 2014 report are included in the docket for this notice. Discussion of Public Comments On August 8, 2016, FMCSA published in a Federal Register Notice the names of 11 individuals seeking ICD exemption and requested public comment. The public comment period closed on September 7, 2016. A total of 29 commenters responded to the notice. Each of the comments was favorable towards the applicants continuing to drive CMV’s with ICD’s. Many commenters believed that the individuals seeking exemptions were safe drivers with safe professional work histories, and that their exemption request should be considered on an individual case basis based on merit. Several commenters expressed that individual driving records and experience should be factors in allowing persons with ICD’s to operate CMVs. FMCSA’s Response FMCSA acknowledges the commenters’ concerns. The Agency reviews and considers each applicant’s request individually. Based on the available medical literature cited above, however, FMCSA believes that a driver with an ICD is at risk for incapacitation if the device discharges. This risk is combined with the risks associated with the underlying cardiovascular condition for which the ICD has been implanted as a primary or secondary preventive measure. Conclusion FMCSA evaluated the 11 individual exemption requests on their merits, available data from Evidence Reports and Medical Expert Panel opinions on the impact of ICDs on Commercial Motor Vehicle driving, and the public comments received. The Agency has determined that the available medical literature and data does not support a conclusion that granting these exemptions would achieve a level of safety equivalent to or greater than the level of safety maintained without the exemptions. Each applicant has, prior to this notice, received a letter of final disposition on his/her exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published today summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4). The following 11 applicants are denied exemptions from the cardiovascular standard. Charles R. Allen (MI) William Blake (NH) Roosevelt Tyrone Brown (SC) PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 91239 Kevin Coulter (CA) John Dudar (CT) Timothy Godwin (NC) James Goslee (MD) Richard Hacker (MD) Kathryn Kosse (AZ) Joseph Skrzyniarz (MI) Wylanne Deon Sanders (IL) Issued on: December 8, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–30283 Filed 12–15–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–6480; FMCSA– 2001–11426; FMCSA–2002–11714; FMCSA– 2002–12844; FMCSA–2003–16564; FMCSA– 2004–19477; FMCSA–2005–21711; FMCSA– 2005–22727; FMCSA–2005–23099; FMCSA– 2006–23773; FMCSA–2006–24015; FMCSA– 2008–0021; FMCSA–2009–0011; FMCSA– 2009–0303; FMCSA–2009–0321; FMCSA– 2010–0050; FMCSA–2011–0142; FMCSA– 2011–0299; FMCSA–2011–0366; FMCSA– 2011–0379; FMCSA–2011–0380; FMCSA– 2012–0039; FMCSA–2013–0174; FMCSA– 2014–0002; FMCSA–2014–0003; FMCSA– 2014–0004] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 131 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. SUMMARY: Each group of renewed exemptions was effective from the dates stated in the discussions below. Comments must be received on or before January 17, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA–1999–6480; FMCSA–2001–11426; FMCSA–2002– 11714; FMCSA–2002–12844; FMCSA– DATES: E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91238-91239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30283]


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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 denials of exemption applications.

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

SUMMARY: FMCSA announces its decision to deny applications from 11 
individuals seeking exemptions from the Federal cardiovascular standard 
applicable to interstate truck and bus drivers and discusses the 
reasons for the denials. The Agency reviewed the medical information of 
each of the individuals who applied for an implantable cardioverter 
defibrillator (ICD) exemption. Based on a review of the applications 
and following an opportunity for public comment, FMCSA has concluded 
that the 11 individuals in the notice did not demonstrate they could 
achieve a level of safety that is equivalent to, or greater than, the 
level of safety that would be obtained by complying with the 
regulation.

DATES: Denial letters were sent to each of the individuals listed in 
this notice on October 11, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief Medical 
Programs Division, 202-366-4001, U.S. Department of Transportation, 
FMCSA, 1200 New Jersey Avenue SE., Room W64-224, 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

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for up to five years 
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 for up to an 
additional five years at the end of each five-year period.\1\
---------------------------------------------------------------------------

    \1\ 49 U.S.C. 31315(b), as amended by section 5206(a) of the 
FAST Act, Public Law 114-94, div. A, title V, 129 Stat. 1537 (Dec. 
4, 2015).
---------------------------------------------------------------------------

    On August 8, 2016, FMCSA published for public notice and comment, 
FMCSA 2016-0175, listing 11 individuals seeking exemptions for ICDs. 
Accordingly, the Agency has evaluated each applicant's request to 
determine whether granting an exemption will achieve the required level 
of safety mandated by statute.

Evaluation Criteria--Cardiovascular Medical Standard and Advisory 
Criteria

    The individuals included in this notice have requested an exemption 
from the provisions of 49 CFR 391.41(b)(4), which applies to drivers 
who operate CMVs in interstate commerce, as defined in 49 CFR 390.5. 
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 [a temporary loss of consciousness due to a 
sudden decline in blood flow to the brain], dyspnea [shortness of 
breath], collapse, or congestive cardiac failure.


[[Page 91239]]


    The FMCSA provides medical advisory criteria as recommendations for 
use by medical examiners in determining whether drivers with certain 
medical conditions and drivers who have undergone certain procedures 
and/or treatments should be certified to operate CMVs in interstate 
commerce in accordance with the various physical qualification 
standards in 49 CFR part 391, subpart E. The advisory criteria are 
currently set out in Appendix A to 49 CFR part 391. The advisory 
criteria for section 391.41(b)(4) provide, in part, that:

    The term ``has no current clinical diagnosis of'' is 
specifically designed to encompass: ``a 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 Federal Motor Carrier Safety Regulations 
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 is on an individual basis and qualification rests with 
the medical examiner and the motor carrier.

    In the case of persons with ICDs, the underlying condition for 
which the ICD was implanted places the individual at high risk for 
syncope (a transient loss of consciousness) or other unpredictable 
events known to result in gradual or sudden incapacitation. ICDs may 
discharge, which could result in loss of ability to safely control a 
CMV. See the Evidence Report on ``Cardiovascular Disease and Commercial 
Motor Vehicle Driver Safety,'' April 2007.\2\ A focused research report 
entitled ``Implantable Cardioverter Defibrillators and the Impact of a 
Shock on a Patient When Deployed,'' completed for the FMCSA in December 
2014, indicates that the available scientific data on persons with ICDs 
and CMV driving does not support that persons with ICDs who operate 
CMVs are able to meet an equal or greater level of safety and upholds 
the findings of the April 2007 report. Copies of the April 2007 report 
and the December 2014 report are included in the docket for this 
notice.
---------------------------------------------------------------------------

    \2\ Now available at http://ntl.bts.gov/lib/30000/30100/30123/Final_CVD_Evidence_Report_v2.pdf.
---------------------------------------------------------------------------

Discussion of Public Comments

    On August 8, 2016, FMCSA published in a Federal Register Notice the 
names of 11 individuals seeking ICD exemption and requested public 
comment. The public comment period closed on September 7, 2016. A total 
of 29 commenters responded to the notice. Each of the comments was 
favorable towards the applicants continuing to drive CMV's with ICD's. 
Many commenters believed that the individuals seeking exemptions were 
safe drivers with safe professional work histories, and that their 
exemption request should be considered on an individual case basis 
based on merit. Several commenters expressed that individual driving 
records and experience should be factors in allowing persons with ICD's 
to operate CMVs.

FMCSA's Response

    FMCSA acknowledges the commenters' concerns. The Agency reviews and 
considers each applicant's request individually. Based on the available 
medical literature cited above, however, FMCSA believes that a driver 
with an ICD is at risk for incapacitation if the device discharges. 
This risk is combined with the risks associated with the underlying 
cardiovascular condition for which the ICD has been implanted as a 
primary or secondary preventive measure.

Conclusion

    FMCSA evaluated the 11 individual exemption requests on their 
merits, available data from Evidence Reports and Medical Expert Panel 
opinions on the impact of ICDs on Commercial Motor Vehicle driving, and 
the public comments received. The Agency has determined that the 
available medical literature and data does not support a conclusion 
that granting these exemptions would achieve a level of safety 
equivalent to or greater than the level of safety maintained without 
the exemptions. Each applicant has, prior to this notice, received a 
letter of final disposition on his/her exemption request. Those 
decision letters fully outlined the basis for the denial and constitute 
final Agency action. The list published today summarizes the Agency's 
recent denials as required under 49 U.S.C. 31315(b)(4).
    The following 11 applicants are denied exemptions from the 
cardiovascular standard.

Charles R. Allen (MI)
William Blake (NH)
Roosevelt Tyrone Brown (SC)
Kevin Coulter (CA)
John Dudar (CT)
Timothy Godwin (NC)
James Goslee (MD)
Richard Hacker (MD)
Kathryn Kosse (AZ)
Joseph Skrzyniarz (MI)
Wylanne Deon Sanders (IL)

    Issued on: December 8, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-30283 Filed 12-15-16; 8:45 am]
 BILLING CODE 4910-EX-P