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###### Department of Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket No. FMCSA-2018-0242]

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

# ACTION:

Notice of applications for exemption; request for comments.

# SUMMARY:

FMCSA announces receipt of applications from four 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, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive heart failure. If granted, the exemptions would enable these individuals with implantable cardioverter defibrillators (ICDs) to operate CMVs in interstate commerce.

# DATES:

                        Comments must be received on or before September 14, 2018                        *.*

# ADDRESSES:

You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2018-0242 using any of the following methods:
      -  Federal eRulemaking Portal:                          Go to                          http://www.regulations.gov . Follow the online instructions for submitting comments.                    
      -  Mail:                          Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building                                ( print page 40650)                              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., e.t., Monday through Friday, except Federal Holidays.                    
      -  Fax:                          1-202-493-2251.                    

*Instructions:*                         Each submission must include the Agency name and the docket number for this notice. Note that all comments received will be posted without change to                         *http://www.regulations.gov,*                         including any personal information provided. Please see the Privacy Act heading below for further information.                    

*Docket:*                         For access to the docket to read background documents or comments, go to                         *http://www.regulations.gov,*                         at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online.                    

*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                         *http://www.regulations.gov,*                         as described in the system records notice (DOT/ALL-14 FDMS), which can be reviewed at                         *http://www.dot.gov/​privacy*.                    

# 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., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.                    

# SUPPLEMENTARY INFORMATION:

## I. Background

Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-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 five-year period. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification.

The four 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 49 CFR 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. [49 CFR part 391, APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section                     *D. Cardiovascular: § 391.41(b)(4),*                     paragraph 4.] The advisory criteria states that ICDs are disqualifying due to risk of syncope.                

## II. Qualifications of Applicants

### David Christiansen

Mr. Christiansen is a 42 year old driver in Illinois. A May 2018, report from his cardiologist indicates that Mr. Christiansen's ICD was implanted in May of 2017, and that after a corrective procedure, he has experienced no recurrence of arrhythmia on interrogation of his ICD which provides “24/7” assessment for recurrence.

### Christopher G. Harville

Mr. Harville is a 37 year old Class B CDL holder in South Carolina. An undated letter from Mr. Harville's cardiologist reports that his ICD was implanted in May 2014, and that as of September 2017, he has remained asymptomatic, without complaints of dizziness, lightheadedness, near syncope/syncope, or chest pain. The letter further states that since ICD placement in 2014, he has never needed/received deployment of his defibrillator and receives ICD checks every 3-6 months.

### Terry W. Meredith

Mr. Meredith is a 56 year old driver in Tennessee. An April 2018, letter from his cardiologist states that his ICD was implanted in June 2016, and he has never received therapy from his device. His measured ejection fraction was 30% in June 2017, and was 50-55% after a recheck in October 2017.

### Grady C. Stone

Mr. Stone is a 67 year old driver in Georgia. An April 2018, letter from his cardiologist states that his ICD was implanted in September 2017, and since the device implantation, he has not had any arrhythmias detected.

## III. Request for Comments

In accordance with 49 U.S.C. 31136(e) and 31315, 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 in the dates section of the notice.

## IV. Submitting Comments

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                     *http://www.regulations.gov*                     and in the search box insert the docket number FMCSA-2018-0242 and click the search button. When the new screen appears, click on the blue “Comment Now!” button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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.                

                    We will consider all comments and materials received during the comment                           ( print page 40651)                        period. FMCSA may issue a final determination any time after the close of the comment period.                

## V. Viewing Comments and Documents

                    To view comments, as well as any documents mentioned in this preamble, go to                     *http://www.regulations.gov*                     and in the search box insert the docket number FMCSA-2018-0242 and click “Search.” Next, click “Open Docket Folder” and you will find all documents and comments related to this notice.                

Issued on: August 8, 2018.

Larry W. Minor,

Associate Administrator for Policy.

# Footnotes

1.                             See                         *http://www.ecfr.gov/​cgi-bin/​text-idx?​SID=​e47b48a9ea42dd67d999246e23d97970&​mc=​true&​node=​pt49.5.391&​rgn=​div5#ap49.5.391_​171.a*                         and                         *https://www.gpo.gov/​fdsys/​pkg/​CFR-2015-title49-vol5/​pdf/​CFR-2015-title49-vol5-part391-appA.pdf*.                    
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[FR Doc. 2018-17567 Filed 8-14-18; 8:45 am]

BILLING CODE 4910-EX-P