Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators, 6463-6464 [2019-03384]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices analysis determined that only a 10,000foot runway was required to meet the purpose and need. The analysis was coordinated with the City of Charlotte and its airline tenants. Given this change to a major element of the sponsor’s Proposed Action, the FAA began a process of reevaluating the appropriate level of environmental documentation for compliance with NEPA, the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations parts 1500– 1508), FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, and FAA Order 5050.4B, National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions. This evaluation focused on likely changes to environmental impacts anticipated to occur as a result of the runway length change. In determining the appropriate level of environmental review going forward, the sponsor, at the request of the FAA, has performed a preliminary noise analysis of the revised Proposed Action. In addition, the FAA has evaluated potential changes in other anticipated environmental impact categories. The FAA has also considered potential mitigation for such impacts. In light of this review, the FAA anticipates that compliance with NEPA can adequately be achieved by preparation of an EA. The City of Charlotte will be responsible for the development of the EA in accordance with NEPA, all applicable federal regulations, and FAA guidance. In addition, the FAA will work with the City of Charlotte to ensure an appropriate level of public involvement is provided as part of the EA process. Once completed, the City will forward the environmental document to the FAA. The FAA remains the responsible Federal agency for compliance with the requirements of NEPA. In this capacity, FAA will make its own independent evaluation of the environmental issues and take responsibility for the scope and content of the EA. The FAA also will make a final decision on whether it can issue a satisfactory environmental finding based upon the EA. The FAA will thereafter determine whether it may take the federal actions necessary to allow implementation of the project. All questions concerning the development, commencement, and public notices related to the EA, should be directed to The City of Charlotte Aviation Department, Mr. Jack Christine, Chief Operating Officer, 5601 Wilkinson Boulevard, Charlotte, NC 28208. More information on the Proposed Action and the NEPA process is VerDate Sep<11>2014 17:07 Feb 26, 2019 Jkt 247001 available on the project website at: www.clteis.com. Issued in Memphis, Tennessee on February 21, 2019. Phillip J. Braden, Manager, Memphis Airports District Office, Southern Region. [FR Doc. 2019–03434 Filed 2–26–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0403] 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 seven 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, dyspnea, collapse, or congestive heart failure. If granted, the exemptions would enable these individuals with implantable cardioverter defibrillators (ICDs) to operate CMVs in interstate commerce. DATES: Comments must be received on or before March 29, 2019. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket ID FMCSA–2018–0403 using any of the following methods: • Federal eRulemaking Portal: Go to http://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: 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. To avoid duplication, please use only one of these four methods. See the SUMMARY: PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 6463 ‘‘Public Participation’’ portion of the section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 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 Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2018–0403), 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 http://www.regulations.gov, put the docket number, FMCSA–2018–0403, in the keyword box, and click ‘‘Search.’’ When the new screen appears, click on the ‘‘Comment Now!’’ 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 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, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. B. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA–2018–0319, in the keyword box, and click ‘‘Search.’’ E:\FR\FM\27FEN1.SGM 27FEN1 amozie on DSK3GDR082PROD with NOTICES1 6464 Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. 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. C. 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. Mr. Caviola is commercial motor vehicle driver who resides in New York and operates in Connecticut. A June 2018, Physician’s Statement from his cardiologist to the New York State Department of Motor Vehicles states that his ICD was implanted in 2005 and during his ICD treatment has had no therapies, history of syncope, or loss of consciousness, with symptoms only limited to palpitations. II. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-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 five-year period. FMCSA grants exemptions from the FMCSRs for a twoyear period to align with the maximum duration of a driver’s medical certification. The seven 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 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 assist Medical Examiners in determining whether drivers with certain medical conditions are qualified John J. Groff 1 See http://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-2015title49-vol5/pdf/CFR-2015-title49-vol5-part391appA.pdf. VerDate Sep<11>2014 17:07 Feb 26, 2019 Jkt 247001 III. Qualifications of Applicants Mark Caviola Mr. Groff is a Class A CDL holder in Pennsylvania. A November 2018, report from his cardiologist states that his CRT–D device was implanted in August of 2018, and following placement he showed likely improvement of his ejection fraction to the 40–45 percent range. His cardiologist reports that he has never had required device therapies. Kevin L. Krueger Mr. Krueger is a commercial motor vehicle driver in Nebraska. August and December 2018 medical documentation from his cardiologist reports that a dual chamber ICD was implanted in 2009 and changed to a biventricular ICD in January of 2018. His report indicated ongoing monitoring of his device and that he is tolerating medical therapy. Michael R. Miller Anthony Saitta Mr. Saitta is a commercial motor vehicle driver in New York. An undated letter from his cardiologist reports that his ICD was implanted in 2007 and that since implantation the device deployed once in 2016 inappropriately for atrial tachycardia with rapid ventricular rate. The letter states that Mr. Saitta reported no symptoms other than feeling the shock from the device, and that he did Frm 00111 Fmt 4703 William Allan Spivey Mr. Spivey is a Class A CDL holder in North Carolina. A January 2019, letter from his cardiologist reports that his ICD was implanted in March of 2018. His cardiologist reports that he has never received shocks from his device, at times has symptoms of shortness of breath and occasional fatigue after extended walking, and his current cardiac condition is stable. Aaron J. Thomas Mr. Thomas is a commercial motor vehicle driver in Georgia. A December 2018, letter from his cardiologist reports that Mr. Thomas was implanted with an ICD in November of 2018, and is recovering well. He requires follow-up every six months for proper monitoring of his ICD and denies shortness of breath or chest pain. 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 dates section of the notice. Issued on: February 14, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–03384 Filed 2–26–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Mr. Miller is a Class A CDL holder in California. A January 2019 letter from his cardiologist reports that his ICD was implanted in September of 2018, and that he has not received any type of defibrillation since implantation, has not had cardiovascular complaints and is compliant with his current medical regime. PO 00000 not lose consciousness. Prior to and since that event, the device has not deployed and he has maintained a stable cardiac status. Sfmt 4703 Agency Information Collection Activities; Submission for OMB Review; Comment Request; Form 5495—Request for Discharge From Personal Liability Under Internal Revenue Code Section 2204 or 6905 Departmental Offices, U.S. Department of the Treasury. ACTION: Notice. AGENCY: The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The public is invited to submit comments on these requests. SUMMARY: E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Notices]
[Pages 6463-6464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03384]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0403]


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 seven 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, dyspnea, collapse, or congestive heart 
failure. If granted, the exemptions would enable these individuals with 
implantable cardioverter defibrillators (ICDs) to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before March 29, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0403 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://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: 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.
    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, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 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 Docket Services, telephone (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-2018-0403), 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 http://www.regulations.gov, 
put the docket number, FMCSA-2018-0403, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
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 Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0319, in the keyword box, and 
click ``Search.''

[[Page 6464]]

Next, click the ``Open Docket Folder'' button and choose the document 
to review. If you do not have access to the internet, you may view the 
docket online by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays.

C. 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.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-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 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The seven 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 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 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 http://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.
---------------------------------------------------------------------------

III. Qualifications of Applicants

Mark Caviola

    Mr. Caviola is commercial motor vehicle driver who resides in New 
York and operates in Connecticut. A June 2018, Physician's Statement 
from his cardiologist to the New York State Department of Motor 
Vehicles states that his ICD was implanted in 2005 and during his ICD 
treatment has had no therapies, history of syncope, or loss of 
consciousness, with symptoms only limited to palpitations.

John J. Groff

    Mr. Groff is a Class A CDL holder in Pennsylvania. A November 2018, 
report from his cardiologist states that his CRT-D device was implanted 
in August of 2018, and following placement he showed likely improvement 
of his ejection fraction to the 40-45 percent range. His cardiologist 
reports that he has never had required device therapies.

Kevin L. Krueger

    Mr. Krueger is a commercial motor vehicle driver in Nebraska. 
August and December 2018 medical documentation from his cardiologist 
reports that a dual chamber ICD was implanted in 2009 and changed to a 
biventricular ICD in January of 2018. His report indicated ongoing 
monitoring of his device and that he is tolerating medical therapy.

Michael R. Miller

    Mr. Miller is a Class A CDL holder in California. A January 2019 
letter from his cardiologist reports that his ICD was implanted in 
September of 2018, and that he has not received any type of 
defibrillation since implantation, has not had cardiovascular 
complaints and is compliant with his current medical regime.

Anthony Saitta

    Mr. Saitta is a commercial motor vehicle driver in New York. An 
undated letter from his cardiologist reports that his ICD was implanted 
in 2007 and that since implantation the device deployed once in 2016 
inappropriately for atrial tachycardia with rapid ventricular rate. The 
letter states that Mr. Saitta reported no symptoms other than feeling 
the shock from the device, and that he did not lose consciousness. 
Prior to and since that event, the device has not deployed and he has 
maintained a stable cardiac status.

William Allan Spivey

    Mr. Spivey is a Class A CDL holder in North Carolina. A January 
2019, letter from his cardiologist reports that his ICD was implanted 
in March of 2018. His cardiologist reports that he has never received 
shocks from his device, at times has symptoms of shortness of breath 
and occasional fatigue after extended walking, and his current cardiac 
condition is stable.

Aaron J. Thomas

    Mr. Thomas is a commercial motor vehicle driver in Georgia. A 
December 2018, letter from his cardiologist reports that Mr. Thomas was 
implanted with an ICD in November of 2018, and is recovering well. He 
requires follow-up every six months for proper monitoring of his ICD 
and denies shortness of breath or chest pain.

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 dates 
section of the notice.

    Issued on: February 14, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-03384 Filed 2-26-19; 8:45 am]
 BILLING CODE 4910-EX-P