Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators (ICDs), 31842-31843 [2023-10608]

Download as PDF 31842 Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices Federal Motor Carrier Safety Administration To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Docket Operations. SUPPLEMENTARY INFORMATION: [Docket No. FMCSA–2006–26367] I. Background Motor Carrier Safety Advisory Committee (MCSAC); Notice of Public Meeting Purpose of the Committee MCSAC was established to provide FMCSA with advice and recommendations on motor carrier safety programs and motor carrier safety regulations. MCSAC is composed of up to 25 voting representatives from the motor carrier safety advocacy, safety enforcement, labor, and industry sectors. The diversity of MCSAC ensures the requisite range of views and expertise necessary to discharge its responsibilities. MCSAC operates as a statutory committee under the authority of the U.S. Department of Transportation (DOT), established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. app. 2). DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation. ACTION: Notice of public meeting. AGENCY: FMCSA announces a meeting of MCSAC, which will take place via videoconference. SUMMARY: The meeting will be held Tuesday and Wednesday, June 6–7, 2023, from 9:30 a.m. to 4:30 p.m., Eastern Time. Requests for accommodations because of a disability must be received by Wednesday, May 31. Requests to register and/or to submit written materials to be reviewed during the meeting must be received no later than Wednesday, May 31. ADDRESSES: The meeting will be held via videoconference. Those members of the public who would like to participate should go to https://www.fmcsa.dot.gov/ advisory-committees/mcsac/meetings to access the meeting, task statements, a detailed agenda for the entire meeting, meeting minutes and additional information on MCSAC and its activities. DATES: lotter on DSK11XQN23PROD with NOTICES1 FOR FURTHER INFORMATION CONTACT: Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 360–2925, mcsac@dot.gov. Any MSCAC-related request or submission should be sent via email to the person listed in this section. Information may also be submitted by docket through Docket Number FMCSA–2006–26367 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, Washington, DC 20590. • Hand Delivery: Docket Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., E.T. Monday through Friday, except Federal holidays. VerDate Sep<11>2014 19:05 May 17, 2023 Jkt 259001 Meeting Agenda The Agenda for the meeting will consist of: • A briefing by the NHTSA and FMCSA concerning the most recent traffic safety data in general, and the commercial motor vehicle crash (CMV) data. • A briefing on FMCSA’s Large Truck Crash Causal Factors study plan and objectives. • A briefing on the National Roadway Safety Strategy, including the 2023 update released in February followed by a new task, Task 23–1, relating to the identification of opportunities for FMCSA to collaborate with stakeholders to gain their commitment for additional actions to improve CMV safety. • A briefing on the DOT’s Strategic Plan and FMCSA’s current strategic plan, followed by a new task, Task 23– 2, regarding FMCSA’s efforts to prepare a new strategic plan for FY 2024–FY 2027. II. Meeting Participation Advance registration is required. Please register at www.fmcsa.dot.gov/ mcsac by the deadline referenced in the DATES section. The meeting will be open to the public for its entirety. The U.S. Department of Transportation is committed to providing equal access to this meeting for all participants. If you need alternative formats or services because of a disability, such as sign language, interpretation, or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Oral comments from the public will be heard during the public comment PO 00000 Frm 00174 Fmt 4703 Sfmt 4703 period only at the discretion of the MCSAC chair and designated federal officer. FMCSA asks individuals from the public to limit their comments to one minute on the issues under consideration only. Members of the public may submit written comments to the person listed in the FOR FURTHER INFORMATION CONTACT section on the topics to be considered during the meeting by the deadline referenced in the DATES section. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–10641 Filed 5–17–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2023–0042] 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 an application from one individual 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 exemption would enable this individual with an ICD to operate CMVs in interstate commerce. DATES: Comments must be received on or before June 20, 2023. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2023–0042 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2023–0042) 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. SUMMARY: E:\FR\FM\18MYN1.SGM 18MYN1 Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices • Mail: Dockets Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 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, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001, (202) 366– 4001, fmcsamedical@dot.gov. 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: lotter on DSK11XQN23PROD with NOTICES1 I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2023–0042), 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/docket?D=FMCSA2023-0042. 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 81⁄2 by 11 inches, suitable for copying and electronic filing. FMCSA will consider all comments and material received during the comment period. VerDate Sep<11>2014 19:05 May 17, 2023 Jkt 259001 B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2023–0042) 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 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 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption requests. 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 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. 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 statutes also allow 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 one individual listed in this notice has requested an exemption from § 391.41(b)(4). Accordingly, the Agency will evaluate the qualifications of the 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, PO 00000 Frm 00175 Fmt 4703 Sfmt 4703 31843 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 Nicholas Steffler Nicholas Steffler is a class B driver’s license holder in North Carolina. An October 10, 2022, letter from Nicholas Steffler’s cardiologist reports that their ICD was prophylactically implanted on June 18, 2018, because of a positive family history of premature sudden death. Nicholas Steffler’s cardiologist also reports no ICD shock history or syncopal episodes and that annual stress tests and other diagnostic imaging remain unchanged from prior evaluations. 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. 2023–10608 Filed 5–17–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0154; FMCSA–2013–0124; FMCSA–2014–0102; FMCSA–2014–0103; FMCSA–2014–0104; FMCSA–2014–0106; FMCSA–2014–0107; FMCSA–2015–0328; FMCSA–2016–0003; FMCSA–2018–0135; FMCSA–2018–0136; FMCSA–2018–0137; FMCSA–2020–0027; FMCSA–2020–0028] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: 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\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Pages 31842-31843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10608]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0042]


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 an application from one individual 
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 exemption would enable this individual with an ICD to 
operate CMVs in interstate commerce.

DATES: Comments must be received on or before June 20, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2023-0042 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2023-0042) 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.

[[Page 31843]]

     Mail: Dockets Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
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, FMCSA, DOT, 1200 New Jersey Avenue SE, Room 
W64-224, Washington, DC 20590-0001, (202) 366-4001, 
[email protected]. 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-2023-0042), 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/docket?D=FMCSA-2023-0042. 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.
    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-2023-0042) 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 
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 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption requests. 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 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter.

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 statutes also allow 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 one individual listed in this notice has requested an exemption 
from Sec.  391.41(b)(4). Accordingly, the Agency will evaluate the 
qualifications of the 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

Nicholas Steffler

    Nicholas Steffler is a class B driver's license holder in North 
Carolina. An October 10, 2022, letter from Nicholas Steffler's 
cardiologist reports that their ICD was prophylactically implanted on 
June 18, 2018, because of a positive family history of premature sudden 
death. Nicholas Steffler's cardiologist also reports no ICD shock 
history or syncopal episodes and that annual stress tests and other 
diagnostic imaging remain unchanged from prior evaluations.

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. 2023-10608 Filed 5-17-23; 8:45 am]
BILLING CODE 4910-EX-P
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