Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators (ICDs), 62868-62870 [2021-24625]

Download as PDF 62868 Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Notices Commission does take final action, notice of these actions will be published in the Federal Register after the meeting. Any actions specific to projects will also be provided in writing directly to project sponsors. The meeting will be conducted both in person at the Commission’s headquarters and digitally. The public is invited to attend the Commission’s business meeting. You can access the Business Meeting through a computer (Audio and Video) by following the link: https://srbc.webex.com/srbc/ j.php?MTID=mf5dfaebf7a543cc6f92d cafdd1007d8a then enter meeting number 177 499 9312 and password Dec17CommMtg. You may also participant telephonically by dialing 1– 877–668–4493 and entering the meeting number 177 499 9312 followed by the # sign. Written comments pertaining to items on the agenda at the business meeting may be mailed to the Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pennsylvania 17110–1788, or submitted electronically through www.srbc.net/about/meetingsevents/business-meeting.html. Such comments are due to the Commission on or before December 13, 2021. Comments will not be accepted at the business meeting noticed herein. Authority: Pub. L. 91–575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808. Dated: November 8, 2021 Jason E. Oyler, General Counsel and Secretary to the Commission. [FR Doc. 2021–24702 Filed 11–10–21; 8:45 am] BILLING CODE 7040–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on the Blue Hill Falls Bridge Project Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of limitation on claims for judicial review of actions by FHWA. AGENCY: This notice announces actions taken by the FHWA that are final. The actions relate to a proposed Blue Hill Falls Bridge project on Route 172 located in Blue Hill, Hancock County, State of Maine. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:42 Nov 10, 2021 Jkt 256001 claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before April 11, 2022. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For FHWA: Eva Birk, Environmental Specialist, U.S. Department of Transportation, Federal Highway Administration, Maine, 40 Western Avenue, Room 614, Augusta, ME 04330; telephone: 207–512–4921; email: eva.birk@dot.gov. For MAINEDOT: Kristen Chamberlain, NEPA Manager, Maine Department of Transportation, 24 Child Street, Augusta, ME 04330; telephone: 207–557–5089; email: kristen.chamberlain@maine.gov. SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other Federal agencies have taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of Maine: Replacement of the existing 1926 concrete tied arch Blue Hill Fall Bridge (#5038) with a 110′ long and 30′ wide enhanced girder bridge. Federal Project Number: STP– 1771(200)X. The actions by the Federal agencies, and the laws under which such actions were taken, are described in Categorical Exclusion (CE) approved on June 29, 2021, and in other documents in the FHWA project records. The Categorical Exclusion and other project records are available by contacting FHWA at the address provided above. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: Archeological and Historic Preservation Act [16 U.S.C. 469–469c]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251–1387]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601– 4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300f–300j–26)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; Wild and Scenic Rivers Act [16 U.S.C. 1271–1287]; Emergency Wetlands Resources Act, [16 U.S.C. 3901, 3921]; Wetlands Mitigation [23 U.S.C. 119(g) and 133(b)(14)]; Flood Disaster Protection Act, 42 U.S.C. 4012a, 4106]. 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Exec. Order No. 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321–4351]; FederalAid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. Council on Environmental Quality Regulations [40 CFR 1500 et seq., 23 CFR 771]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671q]. 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303; 23 U.S.C. 138]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361– 1423h]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667d]; Migratory Bird Treaty Act [16 U.S.C. 703–712]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470aa–470mm]; [Docket No. FMCSA–2021–0159] PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 Authority: 23 U.S.C. 139(l)(1). Todd D. Jorgensen, Division Administrator, Augusta, Maine. [FR Doc. 2021–24499 Filed 11–10–21; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 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 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, SUMMARY: E:\FR\FM\12NON1.SGM 12NON1 Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Notices 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. Comments must be received on or before December 13, 2021. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket ID FMCSA–2021–0159 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2021–0159, 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: DATES: I. Public Participation lotter on DSK11XQN23PROD with NOTICES1 A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2021–0159), 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 VerDate Sep<11>2014 17:42 Nov 10, 2021 Jkt 256001 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–2021–0159 in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 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–2021–0159, 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. C. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its regulatory 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 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 62869 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 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 Rosie A. Byrd Ms. Byrd is a CMV driver with a CDL in Kansas seeking to transfer her CDL to Texas. An August 26, 2021, letter from Ms. Byrd’s cardiologist reports that she has never been symptomatic from her underlying heart condition. Ms. Byrd’s cardiologist’s letter states that her ICD was implanted in October of 2019, has not discharged since implantation, and that she is stable with no clinical events related to the heart condition. Thomas Jacobs Mr. Jacobs is a CMV driver in New York. An August 31, 2021 letter from Mr. Jacob’s cardiologist reports that his ICD was implanted in October of 2018. Mr. Jacobs’ cardiologist’s letter states that there have been no displays of 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/CFR-2015-title49vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf. E:\FR\FM\12NON1.SGM 12NON1 62870 Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Notices tachycardia pacing or shocks in the 3 years since implantation, and that the status of his underlying heart condition is stable, his echocardiogram is unchanged, and he has a left ventricular ejection function of 35 percent. Lee Latin Wayne Pimpare Mr. Pimpare is a CMV driver in Maine. A May 6, 2021 letter from Mr. Pimpare’s cardiologist reports that his ICD was initially implanted in 2012 and was replaced in 2020. Mr. Pimpare’s letter from his cardiologist states that his ICD has never discharged, that he has no symptoms related to his ICD, and that his underlying cardiac condition is stable. Bradley Plunket Mr. Plunket is a CMV driver in Illinois. A July 27, 2021 letter from Mr. Plunket’s cardiologist reports that his ICD was implanted in January of 2017. Mr. Plunket’s cardiologist’s letter states that as of April 2021 Mr. Plunket reports no complaints and no ICD shocks, and that he is scheduled for routine followups every 3 months. 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. 2021–24625 Filed 11–10–21; 8:45 am] BILLING CODE 4910–EX–P lotter on DSK11XQN23PROD with NOTICES1 Federal Transit Administration FY 2021 Competitive Funding Opportunity: Enhancing Mobility Innovation Federal Transit Administration (FTA), Department of Transportation (DOT). ACTION: Notice of Funding Opportunity (NOFO). AGENCY: Mr. Latin is a CMV driver in North Carolina. An October 12, 2021 letter from his cardiologist’s office reports that his biventricular device was implanted in 2012. His last ejection fraction in 2018 was ‘‘mildly reduced’’ at 45 to 55 percent. He has experienced one inappropriate shock for sinus tachycardia in 2017. He had a generator replacement in 2019, is stable, and has not experienced any ICD therapies since September of 2021. VerDate Sep<11>2014 DEPARTMENT OF TRANSPORTATION 17:42 Nov 10, 2021 Jkt 256001 The Federal Transit Administration (FTA) announces the opportunity to apply for a total of $2,000,000 in competitive cooperative agreement awards in fiscal year (FY) 2021 funds for projects that enhance mobility innovations for transit. Funds will be awarded competitively for projects that advance emerging technologies, strategies and innovations in passenger-centric mobility in two distinct areas. Of the total available funds, $1,000,000 is available to accelerate innovative mobility and is for projects to improve mobility and enhance the rider experience with a focus on innovative service delivery models, creative financing, novel partnerships, and integrated payment solutions; and $1,000,000 is available for projects to support the development of software solutions that facilitate the provision of integrated demandresponse public transportation service that dispatches public transportation fleet vehicles through riders mobile devices or other means. Projects will be competitively selected based on criteria outlined in this notice. FTA may award additional funding that is made available to the program prior to the announcement of project selections. DATES: Complete proposals must be submitted electronically through the GRANTS.GOV ‘‘APPLY’’ function by 11:59 p.m. Eastern time on January 11, 2022. Prospective applicants should initiate the process by registering on the GRANTS.GOV website promptly to ensure completion of the application process before the submission deadline. Instructions for applying can be found on FTA’s website at https:// www.transit.dot.gov/howtoapply and in the ‘‘FIND’’ module of GRANTS.GOV. The funding opportunity ID is FTA– 2021–010–TRI–EMI. Mail and fax submissions will not be accepted. FOR FURTHER INFORMATION CONTACT: Christina Gikakis, FTA Office of Research, Demonstration and Innovation, 202–366–2637, christina.gikakis@dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 Table of Contents A. Program Description B. Federal Award Information C. Eligibility Information D. Application and Submission Information E. Application Review Information F. Federal Award Administration Information G. Federal Awarding Agency Contacts H. Other Information A. Program Description Under FTA’s Public Transportation Innovation Program (49 U.S.C. 5312), FTA may make grants, or enter into contracts or cooperative agreements, for research, development, demonstration, and deployment projects of national significance to public transportation agencies that the Secretary determines will improve public transportation service. This NOFO (Federal Assistance Listing: 20.530) has been developed under this authority. As directed by the Consolidated Appropriations Act, 2021 (Pub. L. 116–260), FTA will competitively fund up to $1,000,000 in cooperative agreements to accelerate innovations that improve mobility and enhance the rider experience, and will competitively fund up to $1,000,000 in cooperative agreements for the development of software solutions to facilitate demand-response public transportation. This NOFO implements the provisions of the Consolidated Appropriations Act, 2021, by seeking targeted projects that advance emerging technologies, strategies and innovations in passenger-centric mobility, in these two distinct areas: (a) To develop novel operational concepts and/or demonstrate innovations that improve mobility and enhance the rider experience, with a focus on innovative service delivery models, creative financing, novel partnerships, and integrated payment solutions; and (b) to support the development of software solutions that facilitate the provision of demand-response public transportation service that dispatches public transportation fleet vehicles, through riders mobility devices or other advanced means. This effort also supports the President’s promotion of increased access to transit for environmental justice populations and adoption of equity-focused policies. This NOFO will advance the goals of Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. These research efforts will build upon significant FTA and private sector investments in mobility innovation through efforts such as the Mobility on E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62868-62870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24625]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0159]


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 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,

[[Page 62869]]

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 December 13, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2021-0159 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2021-0159, 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-2021-0159), 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-2021-0159 in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, 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-2021-0159, 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 regulatory 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 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

Rosie A. Byrd

    Ms. Byrd is a CMV driver with a CDL in Kansas seeking to transfer 
her CDL to Texas. An August 26, 2021, letter from Ms. Byrd's 
cardiologist reports that she has never been symptomatic from her 
underlying heart condition. Ms. Byrd's cardiologist's letter states 
that her ICD was implanted in October of 2019, has not discharged since 
implantation, and that she is stable with no clinical events related to 
the heart condition.

Thomas Jacobs

    Mr. Jacobs is a CMV driver in New York. An August 31, 2021 letter 
from Mr. Jacob's cardiologist reports that his ICD was implanted in 
October of 2018. Mr. Jacobs' cardiologist's letter states that there 
have been no displays of

[[Page 62870]]

tachycardia pacing or shocks in the 3 years since implantation, and 
that the status of his underlying heart condition is stable, his 
echocardiogram is unchanged, and he has a left ventricular ejection 
function of 35 percent.

Lee Latin

    Mr. Latin is a CMV driver in North Carolina. An October 12, 2021 
letter from his cardiologist's office reports that his biventricular 
device was implanted in 2012. His last ejection fraction in 2018 was 
``mildly reduced'' at 45 to 55 percent. He has experienced one 
inappropriate shock for sinus tachycardia in 2017. He had a generator 
replacement in 2019, is stable, and has not experienced any ICD 
therapies since September of 2021.

Wayne Pimpare

    Mr. Pimpare is a CMV driver in Maine. A May 6, 2021 letter from Mr. 
Pimpare's cardiologist reports that his ICD was initially implanted in 
2012 and was replaced in 2020. Mr. Pimpare's letter from his 
cardiologist states that his ICD has never discharged, that he has no 
symptoms related to his ICD, and that his underlying cardiac condition 
is stable.

Bradley Plunket

    Mr. Plunket is a CMV driver in Illinois. A July 27, 2021 letter 
from Mr. Plunket's cardiologist reports that his ICD was implanted in 
January of 2017. Mr. Plunket's cardiologist's letter states that as of 
April 2021 Mr. Plunket reports no complaints and no ICD shocks, and 
that he is scheduled for routine follow-ups every 3 months.

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. 2021-24625 Filed 11-10-21; 8:45 am]
BILLING CODE 4910-EX-P

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