Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 77335 

Loan Specialist, Office of Financial 

Assistance, Small Business 

Administration at gregorius.suryadi@

sba.gov. 

FOR FURTHER INFORMATION CONTACT: 

Gregorius Suryadi, Financial and Loan 

Specialist, (202) 205–6656, 

gregorius.suryadi@sba.gov, or Curtis B. 

Rich, Management Analyst, (202) 205– 

7030, curtis.rich@sba.gov; 

SUPPLEMENTARY INFORMATION: For SBA 

financial assistance programs, SBA 

Form 413 Personal Financial Statement 

(PFS) collects information regarding the 

assets and liabilities of certain owners, 

officers and guarantors of the small 

business applicant benefiting from such 

assistance and is used when analyzing 

the applicant’s repayment abilities or 

creditworthiness. SBA’s Surety Bond 

Guaranty Program uses the Form 413 

PFS information during the claim 

recovery process. The information is 

also collected from applicants and 

participants in SBA’s 8(a)/BD and 

Women-Owned Small Business (WOSB) 

Program certification process to 

determine whether they meet the 

economic disadvantage requirements of 

the program. 

SBA currently has four versions of the 

Form 413 PFS. The Agency plans to 

consolidate and streamline these into 

one Form 413 which will be used across 

the various program offices. SBA plans 

to expand and clarify the instructions 

for the Form 413 to ensure the public 

will be aware of the specific submission 

process for each program office. Lastly, 

the Form 413 may undergo significant 

formatting changes to make it easier to 

address mandatory Federal government 

508 accessibility compliance. 

Solicitation of Public Comments 

SBA is requesting comments on (a) 

Whether the collection of information is 

necessary for the Agency to properly 

perform its functions; (b) whether the 

burden estimates are accurate; (c) 

whether there are ways to minimize the 

burden, including through the use of 

automated techniques or other forms of 

information technology; and (d) whether 

there are ways to enhance the quality, 

utility, and clarity of the information. 

Summary of Information Collection 

(1) Title: Personal Financial 

Statement. 

Description of Respondents: 7(a) and 

504 loan Program applicants, Surety 

Bond Program recovery claimants, 

Disaster Loan Program applicants 

excluding sole proprietors and 

individuals, 8(a)/BD and WOSB 

Program applicants. 

Form Number: SBA Forms 413 7(a)/ 

504/SBG, 413 Disaster, 413 8(a) and 413 

WOSB. 

Total Estimated Annual Responses: 

371,108. 

Total Estimated Annual Hour Burden: 

391,812. 

Curtis Rich, 

Management Analyst. 

[FR Doc. 2020–26470 Filed 11–30–20; 8:45 am] 

BILLING CODE 8026–03–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2020–0189] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillator (ICD) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from two 

individuals treated with Implantable 

Cardioverter Defibrillators (ICDs) 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, 

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 Dockets 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-2020-0087 and 

choose the document to review. If you 

do not have access to the internet, you 

may view the docket online by visiting 

the Dockets Operations in Room W12– 

140 on the ground floor of the DOT 

West Building, 1200 New Jersey Avenue 

SE, Washington, DC 20590, between 9 

a.m. and 5 p.m., ET, Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets 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 October 8, 2020, FMCSA 

published a Federal Register notice (85 

FR 21061) announcing receipt of 

applications from two individuals 

treated with ICDs and requested 

comments from the public. These five 

individuals 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 November 9, 2020, and two 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

granting these two exemption requests 

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 each 

applicant’s medical history related to 

their ICD exemption request was 

discussed in the October 8, 2020, 

Federal Register notice and will not be 

repeated here. 

The Agency’s decision regarding these 

exemption applications is based on 

information from the Cardiovascular 

Medical Advisory Criteria, an April 

2007, evidence report titled 

‘‘Cardiovascular Disease and 

Commercial Motor Vehicle Driver 


khammond on DSKJM1Z7X2PROD with NOTICES4
77336 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 

1The reports are available on the internet at 

https://rosap.ntl.bts.gov/view/dot/16462; https://

rosap.ntl.bts.gov/view/dot/21199. 

2These 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-vol5- 

part391-appA.pdf. 

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. 

FMCSA has published Medical 

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 Medical 

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. 

III. Discussion of Comments 

FMCSA received two comments in 

this proceeding. One commenter was 

favorable towards Mr. Ronquillo 

continuing to drive a CMV with an ICD. 

The second commenter responded that 

FMCSA should deny granting ICD 

exemptions due to issues associated 

with public safety. 

In response to the comments, FMCSA 

believes that a driver with an ICD is at 

risk for incapacitation if the device 

discharges. This risk is combined with 

the risks associated with the underlying 

cardiovascular condition for which the 

ICD was implanted either as a primary 

or secondary preventive measure. 

IV. Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-year period if it finds 

such exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption. The 

statute also allows the Agency to renew 

exemptions at the end of the 5-year 

period. FMCSA grants medical 

exemptions from the FMCSRs for a 2- 

year period to align with the maximum 

duration of a driver’s medical 

certification. 

The Agency’s decision regarding these 

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 these exemptions 

would achieve a level of safety 

equivalent to, or greater than, the level 

of safety maintained without the 

exemption. Therefore, the following two 

applicants have been denied 

exemptions from the physical 

qualification standards in § 391.41(b)(4): 

Thomas O. Adams, Jr, (VA); Louis 

Ronquillo, (CA) 

Each applicant has, prior to this 

notice, received a letter of final 

disposition regarding his/her exemption 

request. Those decision letters fully 

outlined the basis for the denial and 

constitute final action by the Agency. 

The list 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. 2020–26408 Filed 11–30–20; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2020–0196] 

Parts and Accessories Necessary for 

Safe Operation; Application for an 

Exemption From Bendix Commercial 

Vehicle Systems LLCr 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA requests public 

comment on an application for 

exemption from Bendix Commercial 

Vehicle Systems (Bendix) to allow its 

advanced vehicle safety systems, which 

are equipped with cameras, to be 

mounted lower in the windshield on 

commercial motor vehicles than is 

currently permitted. 

DATES: Comments must be received on 

or before December 31, 2020. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2020–0196 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!docketDetail;D=FMCSA-2020-0196. 

Follow the online instructions for 

submitting comments. 

• Mail: Docket Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Room W12–140, 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. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jose ́ R. Cestero, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, MC–PSV, 

(202) 366–5541, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. If you have questions on viewing 

or submitting material to the docket, call 

Dockets Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA 2020–0196), indicate the 

specific section of this document to 

which the 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 FMCSA can 


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