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
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 78451 

SE, Washington, DC, 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. 

Privacy Act: In accordance with 49 

U.S.C. 31315(b), DOT solicits comments 

from the public to better inform its 

exemption process. DOT posts these 

comments, 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 under 

the ‘‘Department Wide System of 

Records Notices’’ at https:// 

www.transportation.gov/individuals/ 

privacy/privacy-act-system-recordsnotices/DOT-ALL. The comments are 

posted without edit and are searchable 

by the name of the submitter. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, Driver and Carrier 

Operations Division; Office of Carrier, 

Driver and Vehicle Safety Standards, 

FMCSA; (202) 366–2722 or 

richard.clemente@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact 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–2023–0186), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 

recommendations. 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 the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov and put the docket 

number ‘‘FMCSA–2023–0186’’ 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, selfaddressed postcard or envelope. FMCSA 

will consider all comments and material 

received during the comment period. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) to grant 

exemptions from Federal Motor Carrier 

Safety Regulations (FMCSRs). FMCSA 

must publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The Agency must publish its decision in 

the Federal Register (49 CFR 

381.315(b)) with the reasons for denying 

or granting the application and, if 

granted, the name of the person or class 

of persons receiving the exemption and 

the regulatory provision from which the 

exemption is granted. The notice must 

specify the effective period and explain 

the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Applicant’s Request 

Clym is a regulated medical waste 

pickup, transportation, and destruction 

company. Clym seeks an exemption 

from the requirement in 49 CFR 

395.3(a)(3)(i) that a commercial motor 

vehicle (CMV) operator may drive a 

maximum of 11 hours within a 14-hour 

period before taking the required 10 

consecutive hours off duty or the 

equivalent. Clym has specifically 

requested an exemption to extend the 

allotted driving time to 14 hours or, in 

the alternative, to extend the drive time 

to a maximum of 12 hours within the 

14-hour period. 

Clym makes this HOS exemption 

request for three contingencies: (1) 

when CDL A drivers are taking time off 

or calling off for illness or injury, in 

which case a relief driver is needed to 

transport the waste along the supply 

chain; (2) when there is an unexpected 

increase in material and a trailer needs 

to be moved sooner than scheduled; and 

(3) when there is an upcoming issue 

with local and state health codes for the 

storage of regulated medical waste. If 

granted, the exemption would apply 

only to drivers operating on the longhaul route between Clym’s office in 

New Castle, PA and its ozone 

destruction plant in Greenfield, IN. It 

would not apply to any drivers 

operating on the company’s local routes. 

Clym predicts a minimal impact on 

safety, as the exemption sought would 

allow its drivers to have more than the 

one mandatory 30-minute break after 8 

consecutive hours of driving. Clym’s 

internal policy provides a one-hour 

company lunch break and strongly 

encourages its drivers to take as many 

breaks as necessary. Clym further states 

that the round trip from the Greenfield 

office to the ozone destruction plant and 

back takes about 11 hours to complete 

without traffic, and it considers the run 

to be ‘‘very easy’’ as its commercial 

vehicles typically operate at 

approximately half of the 80,000-pound 

legal limit. Finally, Clym states that it 

takes safety very seriously because it 

transports regulated medical waste. 

A copy of Clym’s application for 

exemption is available for review in the 

docket for this notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Clym Environmental Services LLC’s 

application for an exemption from the 

requirement in 49 CFR 395.3(a)(3)(i) to 

operate a CMV in interstate commerce 

for a maximum of 11 hours of driving 

before taking 10 consecutive hours off 

duty or the equivalent. All comments 

received before the close of business on 

the comment closing date indicated at 

the beginning of this notice will be 

considered and will be available for 

examination in the docket at the 

location listed under the ADDRESSES

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–25111 Filed 11–14–23; 8:45 am] 

BILLING CODE 4910–EX–P 


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