Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators, 21061-21063 [2020-07888]
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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #16416 and #16417;
MISSISSIPPI Disaster Number MS–00123]
Presidential Declaration of a Major
Disaster for Public Assistance Only for
the State of Mississippi
U.S. Small Business
Administration.
ACTION: Notice.
(Catalog of Federal Domestic Assistance
Number 59008)
Cynthia Pitts,
Acting Associate Administrator for Disaster
Assistance.
[FR Doc. 2020–07955 Filed 4–14–20; 8:45 am]
BILLING CODE 8026–03–P
AGENCY:
DEPARTMENT OF TRANSPORTATION
This is a Notice of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of Mississippi (FEMA–4478–
DR), dated 03/12/2020.
Incident: Severe Storms, Tornadoes,
Straight-line Winds, and Flooding.
Incident Period: 01/10/2020 through
01/11/2020.
DATES: Issued on 03/12/2020.
Physical Loan Application Deadline
Date: 05/11/2020.
Economic Injury (EIDL) Loan
Application Deadline Date: 12/14/2020.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
President’s major disaster declaration on
03/12/2020, Private Non-Profit
organizations that provide essential
services of a governmental nature may
file disaster loan applications at the
address listed above or other locally
announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Bolivar, Chickasaw,
Choctaw, Clay, DeSoto, Oktibbeha,
Panola, Prentiss, Quitman,
Sunflower, Tallahatchie,
Tishomingo, Washington.
The Interest Rates are:
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
Federal Aviation Administration
[Docket No. 2020–0260]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: Verification of
Authenticity of Foreign License,
Rating, and Medical Certification
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The information is used to
identify foreign airmen in order to allow
the agency to verify their foreign license
when used to qualify for a US
certificate. Respondents are holders of
foreign licenses wishing to obtain US
Certificates.
SUMMARY:
Written comments should be
submitted by June 15, 2020.
ADDRESSES: Please send written
comments:
By Electronic Docket:
www.regulations.gov (Enter docket
number into search field).
By mail: Robin Thurman, Federal
Aviation Administration, AFB–720, PO
Box 25082, Oklahoma City, Oklahoma
73107.
DATES:
FOR FURTHER INFORMATION CONTACT:
Margaret Hawkins by email at:
Margaret.A.Hawkins@faa.gov; phone:
405–954–7045.
Percent SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
For Physical Damage:
asked to comment on any aspect of this
Non-Profit Organizations With
information collection, including (a)
Credit Available Elsewhere .....
2.750
Whether the proposed collection of
Non-Profit Organizations Without
Credit Available Elsewhere .....
2.750 information is necessary for FAA’s
performance; (b) the accuracy of the
For Economic Injury:
estimated burden; (c) ways for FAA to
Non-Profit Organizations Without
Credit Available Elsewhere .....
2.750 enhance the quality, utility and clarity
of the information collection; and (d)
The number assigned to this disaster
ways that the burden could be
for physical damage is 16416B and for
minimized without reducing the quality
economic injury is 164170.
of the collected information. The agency
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will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0724.
Title: Verification of Foreign License,
Rating and Medical Certification.
Form Numbers: Form 8060–71.
Type of Review: Renewal of an
information collection.
Background: The information
collected is used to properly identify
airmen to allow the agency to verify
their foreign license being used to
qualify for a U.S. certificate. The
respondents are holders of foreign
license wishing to obtain a U.S.
certificate. A person who is applying for
a U.S. pilot certificate or rating on the
basis of a foreign pilot license must
apply for verification of that license at
least 90 days before arriving at the
designated FAA FSDO where the
applicant intends to receive the U.S.
pilot certificate.
Respondents: Approximately 8,700
foreign applicants for U.S. certificates
annually.
Frequency: On occasion.
Estimated Average Burden per
Response: 10 Minutes.
Estimated Total Annual Burden: 1450
Hours.
Margaret A. Hawkins,
Compliance Specialist, Forms Manager,
Airmen Certification Branch, AFB–720.
[FR Doc. 2020–07931 Filed 4–14–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0087]
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 five individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against operation
of a commercial motor vehicle (CMV) by
persons with a current clinical diagnosis
of myocardial infarction, angina
pectoris, coronary insufficiency,
thrombosis, or any other cardiovascular
disease of a variety known to be
accompanied by syncope (transient loss
of consciousness), dyspnea (shortness of
breath), collapse, or congestive heart
SUMMARY:
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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices
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 May 15, 2020.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket ID
FMCSA–2020–0087 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
docket?D=FMCSA-2020-0087. 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: (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
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2020–0087),
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.
VerDate Sep<11>2014
18:22 Apr 14, 2020
Jkt 250001
To submit your comment online, go
https://www.regulations.gov/
docket?D=FMCSA-2020-0087. 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
https://www.regulations.gov/
docket?D=FMCSA-2020-0087 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 be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Docket
Operations.
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(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
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duration of a driver’s medical
certification.
The five individuals listed in this
notice have requested an exemption
from 49 CFR 391.41(b)(4). Accordingly,
the Agency will evaluate the
qualifications of each applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
found in § 391.41(b)(4) states that a
person is physically qualified to drive a
CMV if that person has no current
clinical diagnosis of myocardial
infarction, angina pectoris, coronary
insufficiency, thrombosis, or any other
cardiovascular disease of a variety
known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac
failure.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. The
advisory criteria states that ICDs are
disqualifying due to risk of syncope.
III. Qualifications of Applicants
Cory Brister
Mr. Brister is a CMV driver in
Mississippi. A December 28, 2016,
medical report from Mr. Brister’s
cardiologist indicates that his ICD was
implanted in December of 2016. An
October 9, 2019, letter from his
cardiologist reports that Mr. Brister is
asymptomatic, that his ejection fraction
has improved with medical therapy, and
that his ICD has never deployed. A
February 19, 2020, letter from his
cardiologist indicates that a February of
2020, echocardiogram was normal, and
his left ventricular ejection fraction is 55
percent.
Christopher K. Chrestman
Mr. Chrestman is CMV driver in
Mississippi. A letter February 2020,
letter from his cardiologist states that
Mr. Chrestman’s ICD was implanted in
January of 2020, he is currently
asymptomatic, he has not had any
shocks from the device, and that he will
need to continue regular follow up care
with his physicians.
Theodore J. Engelke
Mr. Engelke is a CMV driver in
Minnesota. May 14, 2019, progress notes
1 These criteria may be found in 49 CFR part 391,
APPENDIX A TO PART 391—MEDICAL
ADVISORY CRITERIA, section D. Cardiovascular:
§ 391.41(b)(4), paragraph 4, which is available on
the internet at https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5part391-appA.pdf.
E:\FR\FM\15APN1.SGM
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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices
from Mr. Engelke’s cardiologist state
that his ICD was implanted in
September of 2017, he has had no ICD
discharges, and no symptoms of heart
failure or angina pectoris.
Charles Michaux
Mr. Michaux is a CMV driver in
California. A February 11, 2019, letter
from his cardiologist states that Mr.
Michaux’s ICD was implanted in March
of 2019, he denied any symptoms at his
last January 9, 2020, clinic visit, and is
stable. Mr. Michaux reports in his
application that his ICD device has
never deployed.
John Warner
Mr. Warner is a CMV driver in
Colorado. A December 19, 2019, letter
from Mr. Warner’s cardiologist reports
that his ICD was implanted in August of
2010, and that there have been no
shocks and no symptoms of concern,
and that he has a recent ejection fraction
of 65–70 per cent.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
under the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–07888 Filed 4–14–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0045]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt six individuals from
the requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs)
that interstate commercial motor vehicle
(CMV) drivers have ‘‘no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause loss of consciousness
or any loss of ability to control a CMV.’’
The exemptions enable these
individuals who have had one or more
seizures and are taking anti-seizure
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SUMMARY:
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medication to operate CMVs in
interstate commerce.
DATES: The exemptions were applicable
on March 16, 2020. The exemptions
expire on March 16, 2022.
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
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov/docket?
D=FMCSA-2020-0045 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
Operations 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 be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Docket Operations.
B. 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.transportation.gov/privacy.
II. Background
On February 6, 2020, FMCSA
published a notice announcing receipt
of applications from six individuals
requesting an exemption from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (85
FR 7003). The public comment period
ended on March 9, 2020, and one
comment was received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting exemptions to these
individuals would achieve a level of
safety equivalent to, or greater than, the
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Fmt 4703
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21063
level that would be achieved by
complying with § 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 391.41(b)(8) states that a person is
physically qualified to drive a CMV if
that person has no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause the loss of consciousness or any
loss of ability to control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners (MEs) in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
III. Discussion of Comments
FMCSA received one comment in this
proceeding. This comment supported
granting these exemptions.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The Agency’s decision regarding these
exemption applications is based on the
2007 recommendations of the Agency’s
Medical Expert Panel (MEP). The
Agency conducted an individualized
assessment of each applicant’s medical
information, including the root cause of
the respective seizure(s) and medical
information about the applicant’s
seizure history, the length of time that
has elapsed since the individual’s last
seizure, the stability of each individual’s
treatment regimen and the duration of
time on or off of anti-seizure
medication. In addition, the Agency
reviewed the treating clinician’s
medical opinion related to the ability of
the driver to safely operate a CMV with
a history of seizure and each applicant’s
driving record found in the Commercial
Driver’s License Information System for
commercial driver’s license (CDL)
holders, and interstate and intrastate
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR–2015-title49-vol5/pdf/
CFR–2015-title49-vol5-part391-appA.pdf.
E:\FR\FM\15APN1.SGM
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Agencies
[Federal Register Volume 85, Number 73 (Wednesday, April 15, 2020)]
[Notices]
[Pages 21061-21063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07888]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0087]
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 five individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against operation of a commercial motor
vehicle (CMV) by persons with a current clinical diagnosis of
myocardial infarction, angina pectoris, coronary insufficiency,
thrombosis, or any other cardiovascular disease of a variety known to
be accompanied by syncope (transient loss of consciousness), dyspnea
(shortness of breath), collapse, or congestive heart
[[Page 21062]]
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 May 15, 2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket ID FMCSA-2020-0087 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket?D=FMCSA-2020-0087. 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: (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, [email protected], 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 Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2020-0087), 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 https://www.regulations.gov/docket?D=FMCSA-2020-0087. 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 https://www.regulations.gov/docket?D=FMCSA-2020-0087 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 be sure someone is there to help you, please call
(202) 366-9317 or (202) 366-9826 before visiting Docket Operations.
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(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The five individuals listed in this notice have requested an
exemption from 49 CFR 391.41(b)(4). Accordingly, the Agency will
evaluate the qualifications of each applicant to determine whether
granting the exemption will achieve the required level of safety
mandated by statute.
The physical qualification standard found in Sec. 391.41(b)(4)
states that a person is physically qualified to drive a CMV if that
person has no current clinical diagnosis of myocardial infarction,
angina pectoris, coronary insufficiency, thrombosis, or any other
cardiovascular disease of a variety known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac failure.
In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. The advisory criteria states that ICDs are
disqualifying due to risk of syncope.
---------------------------------------------------------------------------
\1\ These criteria may be found in 49 CFR part 391, APPENDIX A
TO PART 391--MEDICAL ADVISORY CRITERIA, section D. Cardiovascular:
Sec. 391.41(b)(4), paragraph 4, which is available on the internet
at https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------
III. Qualifications of Applicants
Cory Brister
Mr. Brister is a CMV driver in Mississippi. A December 28, 2016,
medical report from Mr. Brister's cardiologist indicates that his ICD
was implanted in December of 2016. An October 9, 2019, letter from his
cardiologist reports that Mr. Brister is asymptomatic, that his
ejection fraction has improved with medical therapy, and that his ICD
has never deployed. A February 19, 2020, letter from his cardiologist
indicates that a February of 2020, echocardiogram was normal, and his
left ventricular ejection fraction is 55 percent.
Christopher K. Chrestman
Mr. Chrestman is CMV driver in Mississippi. A letter February 2020,
letter from his cardiologist states that Mr. Chrestman's ICD was
implanted in January of 2020, he is currently asymptomatic, he has not
had any shocks from the device, and that he will need to continue
regular follow up care with his physicians.
Theodore J. Engelke
Mr. Engelke is a CMV driver in Minnesota. May 14, 2019, progress
notes
[[Page 21063]]
from Mr. Engelke's cardiologist state that his ICD was implanted in
September of 2017, he has had no ICD discharges, and no symptoms of
heart failure or angina pectoris.
Charles Michaux
Mr. Michaux is a CMV driver in California. A February 11, 2019,
letter from his cardiologist states that Mr. Michaux's ICD was
implanted in March of 2019, he denied any symptoms at his last January
9, 2020, clinic visit, and is stable. Mr. Michaux reports in his
application that his ICD device has never deployed.
John Warner
Mr. Warner is a CMV driver in Colorado. A December 19, 2019, letter
from Mr. Warner's cardiologist reports that his ICD was implanted in
August of 2010, and that there have been no shocks and no symptoms of
concern, and that he has a recent ejection fraction of 65-70 per cent.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-07888 Filed 4-14-20; 8:45 am]
BILLING CODE 4910-EX-P