Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators (ICDs), 40677-40678 [2021-16092]
Download as PDF
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
group. Representatives of the
Administrator and Director serve
alternating 1-year terms as chairman of
the advisory group.
In accordance with the Act, the
advisory group provides ‘‘advice,
information, and recommendations to
the Administrator and the Director—
(1) On the implementation of this title
[the Act] and the amendments made by
this title;
(2) On commonly accepted quiet
aircraft technology for use in
commercial air tour operations over a
national park or tribal lands, which will
receive preferential treatment in a given
air tour management plan;
(3) On other measures that might be
taken to accommodate the interests of
visitors to national parks; and
(4) At the request of the Administrator
and the Director, safety, environmental,
and other issues related to commercial
air tour operations over a national park
or tribal lands.’’
khammond on DSKJM1Z7X2PROD with NOTICES
Membership
The current NPOAG is made up of
one member representing general
aviation, three members representing
the commercial air tour industry, four
members representing environmental
concerns, and two members
representing Native American interests.
Current members of the NPOAG are as
follows:
Melissa Rudinger representing general
aviation; John Becker, James Viola, and
Eric Lincoln representing commercial
air tour operators with one upcoming
opening due to Eric Lincoln’s 3-year
term ending; Dick Hingson, Les
Blomberg, Robert Randall, and John
Eastman representing environmental
interests; and Carl Slater represents
Native American tribes with one current
opening.
Selections
Eric Lincoln has been chosen for
another 3-year term as the air tour
operator representative. NPOAG
members’ 3-year terms commence on
the publication date of this Federal
Register notice. No selection was made
for the additional opening to represent
Native American concerns. The FAA
and NPS invite persons interested in
applying for this remaining opening on
the NPOAG to contact Mr. Keith Lusk
(contact information is written above in
FOR FURTHER INFORMATION CONTACT).
Requests to serve on the NPOAG must
be made to Mr. Lusk in writing and
postmarked or emailed on or before
August 31, 2021. The request should
indicate whether or not you are a
member of, or have an affiliation with,
a federally recognized Native American
VerDate Sep<11>2014
19:27 Jul 27, 2021
Jkt 253001
tribe. The request should also state what
expertise you would bring to the
NPOAG as related to issues and
concerns with aircraft flights over
national parks and/or tribal lands. The
term of service for NPOAG members is
3 years. Current members may re-apply
for another term. On August 13, 2014,
the Office of Management and Budget
issued revised guidance regarding the
prohibition against appointing or not
reappointing federally registered
lobbyists to serve on advisory
committees (79 FR 47482).
Therefore, before appointing an
applicant to serve on the NPOAG, the
FAA and NPS will require the
prospective candidate to certify that
they are not a federally registered
lobbyist.
Issued in El Segundo, CA, on July 21, 2021.
Keith Lusk,
Program Manager, Special Programs Staff,
Western-Pacific Region.
[FR Doc. 2021–15978 Filed 7–27–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0085]
Qualification of Drivers; Exemption
Applications; Implantable Cardioverter
Defibrillators (ICDs)
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from three 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
failure. If granted, the exemptions
would enable these individuals with
ICDs to operate CMVs in interstate
commerce.
SUMMARY:
Comments must be received on
or before August 27, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket ID
DATES:
PO 00000
Frm 00234
Fmt 4703
Sfmt 4703
40677
FMCSA–2021–0085 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2021–0085, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click on the ‘‘Comment’’ button.
Follow the online instructions for
submitting comments.
• Mail: Dockets Operations; 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, DOT,
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 Dockets 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–2021–0085),
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
www.regulations.gov/, insert the docket
number FMCSA–2021–0085 in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
E:\FR\FM\28JYN1.SGM
28JYN1
40678
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
click the ‘‘Comment’’ 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 Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–2021–0085, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’ If you
do not have access to the internet, you
may view the docket online by visiting
Dockets Operations in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, 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 Dockets Operations.
khammond on DSKJM1Z7X2PROD with NOTICES
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.transportation.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
duration of a driver’s medical
certification.
The three individuals listed in this
notice have requested an exemption
VerDate Sep<11>2014
17:16 Jul 27, 2021
Jkt 253001
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
Willard Drysdale
Mr. Drysdale is a CMV driver in
Minnesota. An October 7, 2020, letter
from his cardiologist reports that in
2018, his pacemaker was upgraded to an
ICD for preventive measures, that he
was asymptomatic concerning his
cardiac history at his last evaluation in
2019, and that he has not required any
device therapies for tachycardia.
William Edwards
Mr. Edwards is a CMV driver in New
York State. A March 31, 2021, letter
from his cardiac specialists reports that
he is being treated with a biventricular
ICD that was implanted in March 2020,
and the device has never needed to
deliver therapy.
Francisco Garcia
Mr. Garcia is a CMV driver in New
Jersey. A March 4, 2021, letter from his
cardiologist reports that his ICD was
implanted for preventive measures, he
has never had a sustained arrhythmia,
and he has never passed out. His
physician and the electrophysiologist
who implanted his defibrillator both
agree that it would be safe for Mr. Garcia
to drive a CMV.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
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.
PO 00000
Frm 00235
Fmt 4703
Sfmt 4703
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. 2021–16092 Filed 7–27–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
[Docket No. TTB–2021–0007; Notice No.
204]
Promoting Competition in the Beer,
Wine, and Spirits Markets
Department of the Treasury;
Alcohol and Tobacco Tax and Trade
Bureau.
ACTION: Request for Information.
AGENCY:
The Department of the
Treasury is issuing this Request for
Information (RFI) to solicit input
regarding the current market structure
and conditions of competition in the
American markets for beer, wine, and
spirits, including an assessment of any
threats to competition and barriers to
new entrants.
DATES: Responses should be received by
August 18, 2021 to be assured of
complete consideration.
ADDRESSES: You may submit comments
on this proposal to the Department of
the Treasury’s Alcohol and Tobacco Tax
and Trade Bureau (TTB) by using one of
the following methods:
Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
document within Docket No. TTB–
2021–0007 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 204 on the TTB website at https://
www.ttb.gov/laws-and-regulations/allrulemaking. You may attach
supplemental files to comments
submitted via Regulations.gov.
U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005.
You may submit comments on this
proposal as an individual or on behalf
of a business or other organization. Your
comment must reference Notice No. 204
and must be submitted or postmarked
by the closing date shown in the DATES
section of this document.
SUMMARY:
E:\FR\FM\28JYN1.SGM
28JYN1
Agencies
[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40677-40678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16092]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0085]
Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillators (ICDs)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from three 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 failure. If
granted, the exemptions would enable these individuals with ICDs to
operate CMVs in interstate commerce.
DATES: Comments must be received on or before August 27, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket ID FMCSA-2021-0085 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0085, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
Follow the online instructions for submitting comments.
Mail: Dockets Operations; 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,
DOT, 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 Dockets
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-2021-0085), 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 www.regulations.gov/, insert
the docket number FMCSA-2021-0085 in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed,
[[Page 40678]]
click the ``Comment'' 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 Comments
To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0085, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, 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 Dockets 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.transportation.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 three 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
Willard Drysdale
Mr. Drysdale is a CMV driver in Minnesota. An October 7, 2020,
letter from his cardiologist reports that in 2018, his pacemaker was
upgraded to an ICD for preventive measures, that he was asymptomatic
concerning his cardiac history at his last evaluation in 2019, and that
he has not required any device therapies for tachycardia.
William Edwards
Mr. Edwards is a CMV driver in New York State. A March 31, 2021,
letter from his cardiac specialists reports that he is being treated
with a biventricular ICD that was implanted in March 2020, and the
device has never needed to deliver therapy.
Francisco Garcia
Mr. Garcia is a CMV driver in New Jersey. A March 4, 2021, letter
from his cardiologist reports that his ICD was implanted for preventive
measures, he has never had a sustained arrhythmia, and he has never
passed out. His physician and the electrophysiologist who implanted his
defibrillator both agree that it would be safe for Mr. Garcia to drive
a CMV.
IV. 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. 2021-16092 Filed 7-27-21; 8:45 am]
BILLING CODE 4910-EX-P