Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 78449 

conveyance instruments must abide by 

similar obligations included in property 

deeds. The Airport and Airway 

Improvement Act of 1982 (AAIA) (Pub. 

L. 97–248), as amended and recodified 

at 49 U.S.C. 47107(a)(1), as 

implemented by Sponsor Assurance 22, 

Economic Nondiscrimination, requires 

that ‘‘the airport will be made available 

for public use on reasonable conditions 

and without unjust discrimination to all 

types, kinds and classes of aeronautical 

activities, including commercial 

aeronautical activities offering services 

to the public at the airport.’’ The FAA 

defines aeronautical activities as any 

activity that involves, makes possible, is 

required for the operation of an aircraft/ 

vehicle, or that contributes to or is 

required for the safety of such 

operations (FAA Order 5190.6B, Airport 

Compliance Manual, Appendix Z, 

(2009)). The order lists examples of 

aeronautical activities. 

The FAA’s definition has evolved 

over time, primarily in response to 

emerging technologies and increased 

interest in locating certain activities at 

public use airports not previously 

contemplated or subject to FAA 

oversight. This updated definition 

serves to accommodate commercial 

space transportation, UAS, and AAM 

activities, as well as supports 

Congressional interest in integrating 

new technology into the array of 

services and capabilities offered by 

federally funded airports. As a result, 

the FAA believes that commercial space 

activities, UAS, and AAM operations 

should be considered aeronautical 

activities for the purposes of access to 

a federally-obligated airport. 

However, some types of commercial 

space, UAS, or AAM operations may 

affect the safety of existing airport 

facilities, airport operations, or the 

efficiency of the airspace. Consistent 

with and in support of the airport 

sponsor’s obligation not to introduce or 

permit unsafe conditions at the airport, 

and to mitigate such conditions if they 

arise, the FAA uses its planning 

approval, safety review, and/or risk 

assessment processes to make a 

determination on (1) whether a 

particular activity can be safely 

accommodated at the airport and, if so, 

(2) the terms and conditions to mitigate 

risk to an acceptable level for that 

activity at the airport. In that regard, 

Congress has made the FAA the final 

arbiter regarding aviation safety (49 

U.S.C. 40101 and 47101.) 

II. The Proposed Policy 

The updated definition of 

aeronautical activity in FAA Order 

5190.6B, FAA Airport Compliance 

Manual, Appendix Z will be the 

following: 

Any activity that involves, makes 

possible, or is required for the operation 

of an aircraft, launch or reentry vehicle, 

or that contributes to or is required for 

the safety of such operations. It includes 

but is not limited to: general and 

corporate aviation, air taxi and charter 

operations, scheduled and 

nonscheduled air carrier operations, 

pilot training, aircraft rental and 

sightseeing, aerial photography, aerial 

application of agricultural agents, aerial 

advertising and surveying, aircraft sales 

and services, aircraft storage, sale of 

aviation fuel products, repair and 

maintenance of aircraft, repair and 

maintenance of launch or reentry 

vehicles, construction of amateur-built/ 

recreational aircraft, sale of aircraft, sale 

of launch or reentry vehicle parts, 

parachute or ultralight activities, certain 

unmanned aircraft systems (UAS), 

advanced air mobility (AAM) 

operations, commercial space vehicle 

operations, and any other activities that 

because of their direct relationship to 

the operation of aircraft, UAS, or 

commercial space launch and re-entry 

vehicles can appropriately be regarded 

as aeronautical activities. 

Activities such as aircraft and parts 

manufacturing and storage, aerospace 

design, research and development, flight 

simulation/training/management 

facilities, and/or engine testing facilities 

that are not associated with the final 

assembly of an aircraft or commercial 

space vehicle are not considered 

aeronautical activities for the purposes 

of airport access. Model rocket, model 

aircraft, and recreational UAS 

operations are not aeronautical activities 

for the purposes of airport access. 

Issued in Washington, DC, on November 7, 

2023. 

Kevin C. Willis, 

Director, Office of Airport Compliance and 

Management Analysis. 

[FR Doc. 2023–25198 Filed 11–14–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0043] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillator (ICD) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT) 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny the applications from 

two individuals 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, 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 materials in the 

docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2023–0043) 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. 

B. 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
78450 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 

1The report is available on the internet at https:// 

rosap.ntl.bts.gov/view/dot/16462. 

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. 

II. Background 

On September 28, 2023, FMCSA 

published a notice announcing receipt 

of applications from two individuals 

treated with ICDs and requested 

comments from the public (88 FR 

66932). The 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 

ended on October 30, 2023, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of the applicants and concluded that 

granting an exemption 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 September 

28, 2023 Federal Register notice (88 FR 

66932) 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. 

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. 

ICDs are disqualifying due to risk of 

syncope. 

III. Discussion of Comments 

FMCSA received no comments in 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 these 

exemption applications is based on an 

individualized assessment of the 

applicants’ 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 referenced previously 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 

applicants have been denied an 

exemption from the physical 

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

Dean Cece (NC); and Donald Roach 

(KY). 

The applicants have, prior to this 

notice, received a letter of final 

disposition regarding their exemption 

request. The decision letter fully 

outlined the basis for the denial and 

constitute final action by the Agency. 

The names of these individuals 

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. 2023–25113 Filed 11–14–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0186] 

Hours of Service: Clym Environmental; 

Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that Clym 

Environmental Services LLC (Clym) has 

requested an exemption from the hoursof-service (HOS) regulations to allow its 

drivers up to 14 hours of drive time 

within the work shift or, in the 

alternative, up to 12 hours. Clym 

indicates that, due to the nature of its 

operations, complying with the 11-hour 

driving time limit in the HOS 

regulations places a strain on the 

company’s drivers and its overall 

operating costs. Clym asserts that the 

exemption would allow additional 

flexibility while maintaining an 

equivalent level of safety. FMCSA 

requests public comment on the 

applicant’s request for exemption. 

DATES: Comments must be received on 

or before December 15, 2023. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2023–0186 by any of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, 1200 New 

Jersey Avenue SE, between 9 a.m. and 

5 p.m. E.T., Monday through Friday, 

except Federal holidays. 

• Fax: (202) 493–2251. 

Each submission must include the 

Agency name and the docket number 

(FMCSA–2023–0186) for this notice. 

Note that DOT posts all comments 

received without change to 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit the ground level of the 

West Building, 1200 New Jersey Avenue 


ddrumheller on DSK120RN23PROD with NOTICES1