Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillator (ICD), 55927-55928 [2020-19952]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 176 / Thursday, September 10, 2020 / Notices would be issued by the FAA pursuant to Title 14, Code of Federal Regulations, Section 99.7, Special Security Instructions, to protect aviation from high-intensity radiated fields generated by the LRDR during the testing. MDA provided a Preliminary FEA for public review from May 4, 2020, to June 2, 2020, and three comments were received. The FEA was issued in July 2020, and MDA and the Department of the Air Force (DAF) issued their Finding of No Significant Impact (FONSI) on July 24, 2020.1 The LRDR performance testing would occur for 16 hours a day (specific times to vary by time of year) for 12 to 18 months. During the testing hours, the larger of the two TFRs, which would apply in an area defined as Zone 1 in the FEA, would be continuous (active every day during the testing period); and the other TFR, which would apply in an area defined as in Zone 2 in the FEA, would be non-continuous, active for two hours a day (Tuesdays, Thursdays, and Saturdays, from 2:00 a.m. to 4:00 a.m. local Alaska time). During the activation hours of the TFRs, the existing instrument flight rules arrival and departure procedures at Healy River Airport, and emergency aircraft and medical evacuation flights into and out of Clear Airport, would be available through processes defined in a Letter of Agreement between MDA, CAFS, and the FAA. Also, the FAA would provide notice (via Notices to Airmen [NOTAMs]) of: (1) The unavailability of affected approach procedures at Ted Stevens Anchorage International Airport (ANC); and (2) the unavailability of affected portions of airways V–436 and J–125. In accordance with regulations of the Council on Environmental Quality (CEQ) implementing the National Environmental Policy Act of 1969 (NEPA), and FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, the FAA participated as a cooperating agency on the FEA. In that capacity, the FAA coordinated closely with MDA, provided subject matter expertise, and participated actively in the FEA’s preparation. Consistent with CEQ guidance, FAA Order 1050.1F provides that the FAA may adopt another agency’s Environmental Assessment (EA) for the purpose of compliance with NEPA. To do so, the FAA must determine, based on an independent evaluation, that the other agency’s EA: (1) Adequately addresses the FAA’s action; and (2) 1 The FEA and the MDA/DAF FONSI are posted on MDA’s website at https://www.mda.mil/system/ lrdr/. VerDate Sep<11>2014 16:38 Sep 09, 2020 Jkt 250001 meets the applicable standards in FAA Order 1050.1F and CEQ’s regulations implementing NEPA. After independently evaluating the FEA, the FAA has determined that the document adequately addresses the proposed TFRs and meets the applicable standards in FAA Order 1050.1F and CEQ’s regulations implementing NEPA. Accordingly, the FAA has adopted the FEA. Based on the information and analysis in the FEA, the FAA has found that the TFRs would not significantly affect the human environment and therefore do not require preparation of an environmental impact statement under NEPA. After considering this and other relevant factors, the FAA has decided to approve the TFRs. Notice of Availability The FAA’s adoption of the FEA, its finding of no significant environmental impact, and its decision on the TFRs are documented in Adoption of Missile Defense Agency Environmental Assessment for Long Range Discrimination Radar (LRDR) Performance Testing, Clear Air Force Station, Alaska (CAFS) and Finding of No Significant Impact and Record of Decision for Temporary Flight Restrictions in the Vicinity of CAFS for LRDR Performance Testing (Adoption/ FONSI/ROD). This document and the FEA are available upon request by contacting Paula Miller at: Airspace Policy and Regulations Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–7378. Right of Appeal The FAA’s Adoption/FONSI/ROD constitutes a final order of the FAA Administrator and is subject to exclusive judicial review under 49 U.S.C. 46110 by the U.S. Circuit Court of Appeals for the District of Columbia or the U.S. Circuit Court of Appeals for the circuit in which the person contesting the decision resides or has its principal place of business. Any party having substantial interest in this order may apply for review of the decision by filing a petition for review in the appropriate U.S. Court of Appeals no later than 60 days after the order is issued in accordance with the provisions of 49 U.S.C. 46110. Any party seeking to stay implementation of the Record of Decision must file an application with the FAA prior to seeking judicial relief as provided in Rule 18(a) of the Federal Rules of Appellate Procedure. PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 55927 Issued in Des Moines, WA, on September 3, 2020. Maria A. Aviles, Acting Group Manager, Operations Support Group, Western Service Center. [FR Doc. 2020–19962 Filed 9–9–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0124] Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillator (ICD) Federal Motor Carrier Safety Administration (FMCSA), Transportation (DOT). ACTION: Notice of denial. AGENCY: FMCSA announces its decision to deny the application from one individual treated with an Implantable Cardioverter Defibrillator (ICD) who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting operation of a commercial motor vehicle (CMV) in interstate commerce 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 failure. SUMMARY: 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 materials in the docket, contact Docket Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 http://www.regulations.gov/ docket?D=FMCSA-2020-0124 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– E:\FR\FM\10SEN1.SGM 10SEN1 55928 Federal Register / Vol. 85, No. 176 / Thursday, September 10, 2020 / Notices 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.dot.gov/privacy. khammond on DSKJM1Z7X2PROD with NOTICES II. Background On May 19, 2020, FMCSA published a Federal Register notice (85 FR 3006) announcing receipt of an application from one individual treated with an ICD and requested comments from the public. This individual requested an exemption from 49 CFR 391.41(b)(4) which prohibits operation of a CMV in interstate commerce 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. The public comment period closed on June 18, 2020, and one comment was received. FMCSA has evaluated the eligibility of the applicant and concluded that granting the exemption request would not provide a level of safety that would be equivalent to, or greater than, the level of safety that would be obtained by complying with § 391.41(b)(4). A summary of the applicant’s medical history related to his ICD exemption request was discussed in the May 19, 2020, Federal Register notice and will not be repeated here. The Agency’s decision regarding this exemption application is based on information from the Cardiovascular Medical Advisory Criteria, an April 2007, evidence report titled ‘‘Cardiovascular Disease and Commercial Motor Vehicle Driver Safety,’’ 1 and a December 2014, focused research report titled ‘‘Implantable Cardioverter Defibrillators and the Impact of a Shock in a Patient When 1 The reports are available on the internet at https://rosap.ntl.bts.gov/view/dot/16462; https:// rosap.ntl.bts.gov/view/dot/21199. VerDate Sep<11>2014 16:38 Sep 09, 2020 Jkt 250001 Deployed.’’ Copies of these reports are included in the docket. FMCSA has published advisory criteria to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce.2 The advisory criteria for § 391.41(b)(4) indicates that coronary artery bypass surgery and pacemaker implantation are remedial procedures and thus, not medically disqualifying. Implantable cardioverter defibrillators are disqualifying due to risk of syncope. exemption. Therefore, the following applicant has been denied an exemption from the physical qualification standards in § 391.41(b)(4): Kenneth Randolph (FL) The applicant has, prior to this notice, received a letter of final disposition regarding his exemption request. The decision letter fully outlined the basis for the denial and constitutes final action by the Agency. The notice published today summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4). III. Discussion of Comments Larry W. Minor, Associate Administrator for Policy. FMCSA received one comment which was out of scope for this proceeding. 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 Agency’s decision regarding exemption applications is based on an individualized assessment of each applicant’s medical information, available medical and scientific data concerning ICDs, and any relevant public comments received. In the case of persons with ICDs, the underlying condition for which the ICD was implanted places the individual at high risk for syncope 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. The December 2014 focused research report discussed earlier upholds the findings of the April 2007 report and 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. V. Conclusion The Agency has determined that the available medical and scientific literature and research provides insufficient data to enable the Agency to conclude that granting tan exemption would achieve a level of safety equivalent to, or greater than, the level of safety maintained without the 2 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. PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 [FR Doc. 2020–19952 Filed 9–9–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0346] Proposed Pilot Program To Allow Persons Ages 18, 19, and 20 To Operate Commercial Motor Vehicles in Interstate Commerce Federal Motor Carrier Safety Administration (FMCSA), Transportation (DOT). ACTION: Notice of proposed pilot program; request for comments. AGENCY: On May 15, 2019, FMCSA published a Federal Register notice requesting public comments on a possible new pilot program to allow drivers aged 18, 19, and 20 to operate commercial motor vehicles in interstate commerce. The May 2019 notice asked specific questions regarding training; qualifications; driving limitations; operational and participation requirements; insurance; research and data; and vehicle safety systems that should be considered in developing a second pilot program for younger drivers. This notice addresses the comments received and proposes a pilot program to allow 18-, 19-, and 20-yearold drivers to operate commercial motor vehicles in interstate commerce. DATES: Comments must be received on or before November 9, 2020. ADDRESSES: You may submit comments on this notice identified by docket number FMCSA–2018–0346 using any one of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, SUMMARY: E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Pages 55927-55928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19952]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0124]


Qualification of Drivers; Exemption Applications; Implantable 
Cardioverter Defibrillator (ICD)

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

ACTION: Notice of denial.

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SUMMARY: FMCSA announces its decision to deny the application from one 
individual treated with an Implantable Cardioverter Defibrillator (ICD) 
who requested an exemption from the Federal Motor Carrier Safety 
Regulations (FMCSRs) prohibiting operation of a commercial motor 
vehicle (CMV) in interstate commerce 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 failure.

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 materials in 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 http://www.regulations.gov/docket?D=FMCSA-2020-0124 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-

[[Page 55928]]

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.dot.gov/privacy.

II. Background

    On May 19, 2020, FMCSA published a Federal Register notice (85 FR 
3006) announcing receipt of an application from one individual treated 
with an ICD and requested comments from the public. This individual 
requested an exemption from 49 CFR 391.41(b)(4) which prohibits 
operation of a CMV in interstate commerce 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. The public comment period closed on June 18, 
2020, and one comment was received.
    FMCSA has evaluated the eligibility of the applicant and concluded 
that granting the exemption request would not provide a level of safety 
that would be equivalent to, or greater than, the level of safety that 
would be obtained by complying with Sec.  391.41(b)(4). A summary of 
the applicant's medical history related to his ICD exemption request 
was discussed in the May 19, 2020, Federal Register notice and will not 
be repeated here.
    The Agency's decision regarding this exemption application is based 
on information from the Cardiovascular Medical Advisory Criteria, an 
April 2007, evidence report titled ``Cardiovascular Disease and 
Commercial Motor Vehicle Driver Safety,'' \1\ and a December 2014, 
focused research report titled ``Implantable Cardioverter 
Defibrillators and the Impact of a Shock in a Patient When Deployed.'' 
Copies of these reports are included in the docket.
---------------------------------------------------------------------------

    \1\ The reports are available on the internet at https://rosap.ntl.bts.gov/view/dot/16462; https://rosap.ntl.bts.gov/view/dot/21199.
---------------------------------------------------------------------------

    FMCSA has published advisory criteria to assist medical examiners 
in determining whether drivers with certain medical conditions are 
qualified to operate a CMV in interstate commerce.\2\ The advisory 
criteria for Sec.  391.41(b)(4) indicates that coronary artery bypass 
surgery and pacemaker implantation are remedial procedures and thus, 
not medically disqualifying. Implantable cardioverter defibrillators 
are disqualifying due to risk of syncope.
---------------------------------------------------------------------------

    \2\ 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.
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III. Discussion of Comments

    FMCSA received one comment which was out of scope for this 
proceeding.

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 Agency's decision regarding exemption applications is based on 
an individualized assessment of each applicant's medical information, 
available medical and scientific data concerning ICDs, and any relevant 
public comments received.
    In the case of persons with ICDs, the underlying condition for 
which the ICD was implanted places the individual at high risk for 
syncope 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. The December 2014 focused research 
report discussed earlier upholds the findings of the April 2007 report 
and 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.

V. Conclusion

    The Agency has determined that the available medical and scientific 
literature and research provides insufficient data to enable the Agency 
to conclude that granting tan exemption would achieve a level of safety 
equivalent to, or greater than, the level of safety maintained without 
the exemption. Therefore, the following applicant has been denied an 
exemption from the physical qualification standards in Sec.  
391.41(b)(4):

Kenneth Randolph (FL)

    The applicant has, prior to this notice, received a letter of final 
disposition regarding his exemption request. The decision letter fully 
outlined the basis for the denial and constitutes final action by the 
Agency. The notice published today summarizes the Agency's recent 
denials as required under 49 U.S.C. 31315(b)(4).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-19952 Filed 9-9-20; 8:45 am]
BILLING CODE 4910-EX-P