Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40637 

1Now available at http://ntl.bts.gov/lib/30000/ 

30100/30123/Final_CVD_Evidence_Report_v2.pdf. 

functions; (2) the accuracy of the 

estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. 

Issued under the authority delegated in 49 

CFR 1.87 on August 3, 2018. 

G. Kelly Regal, 

Associate Administrator for Office of 

Research and Information Technology. 

[FR Doc. 2018–17568 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0326] 

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 

seven 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, dyspnea, 

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., 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. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/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. 

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 of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

II. Background 

On January 31, 2018, FMCSA 

published a FR notice (83 FR 4545) 

announcing receipt of applications from 

seven individuals treated with ICDs and 

requested comments from the public. 

These seven 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 May 2, 2018 and one 

comment was received. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

granting these exemptions 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 the regulation 49 CFR 

391.41(b)(4). A summary of each 

applicant’s medical history related to 

their ICD exemption request was 

discussed in the March 2, 2018, Federal 

Register notice and will not be repeated 

in this notice. 

In reaching the decision to deny these 

exemption requests, the Agency 

considered information from the 

Cardiovascular Medical Advisory 

Criteria, the April 2007 Evidence Report 

‘‘Cardiovascular Disease and 

Commercial Motor Vehicle Driver 

Safety, and a December 2014 focused 

research report ‘‘Implantable 

Cardioverter Defibrillators and the 

Impact of a Shock in a Patient When 

Deployed.’’ Copies of the 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. [Appendix A to Part 391— 

Medical Advisory Criteria, section D, 

paragraph 4]. The advisory criteria for 

49 CFR 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 one comment in this 

proceeding from an individual who is in 

favor of any ICD treated individual who 

has not had any issues for six months, 

and who has clearance from their 

cardiologist, being allowed to drive a 

CMV. FMCSA acknowledges the 

commenters’ responses concerning 

stable medical histories with ICDs. 

Based on the available medical 

literature cited above, 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 has been implanted as a primary or 

secondary preventive measure. 

IV. Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption if it 

finds such an exemption would likely 

achieve a level of safety that is 

equivalent to, or greater then, the level 

that would be achieved absent such an 

exemption. 

The Agency’s decision regarding these 

exemption applications is based on an 

individualized assessment of each 

applicant’s medical information 

provided by the applicant, available 

medical and scientific data concerning 

ICD’s, and 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 (a transient loss of 

consciousness) 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. See the 

April 2007 Evidence Report on 

Cardiovascular Disease and Commercial 

Motor vehicle Driver Safety, April 

2007.1 A focused research report on 

Implantable Cardioverter Defibrillators 

and the Impact of a Shock on a Patient 

When Deployed completed for the 

FMCSA December 2014 indicates that 

the available scientific data on persons 

with ICDs and CMV driving does not 

support that persons with ICDs who 


daltland on DSKBBV9HB2PROD with NOTICES
40638 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

operate CMVs are able to meet an equal 

or greater level of safety and upholds 

the findings of the April 2007 report. 

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 

seven applicants have been denied 

exemptions from the physical 

qualification standards in 49 CFR 

391.41(b)(4): 

Frank D’Ercole (NJ) 

Myles Goodwin (NH) 

Cody Hairr (NC) 

Dennis R. Pickett (IN) 

William E. Richardson, Jr. (MI) 

Terry Stephens ( VA) 

Jeffrey A. Weiner ( MN) 

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 

constitutes 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). 

Issued on: August 8, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17588 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1999–6480; FMCSA– 

2000–7006; FMCSA–2000–7165; FMCSA– 

2002–12294; FMCSA–2004–17195; FMCSA– 

2005–22194; FMCSA–2006–23773; FMCSA– 

2006–24783; FMCSA–2008–0021; FMCSA– 

2008–0106; FMCSA–2008–0174; FMCSA– 

2008–0231; FMCSA–2009–0291; FMCSA– 

2010–0082; FMCSA–2010–0114; FMCSA– 

2011–0299; FMCSA–2011–0325; FMCSA– 

2012–0104; FMCSA–2012–0161; FMCSA– 

2012–0214; FMCSA–2013–0166; FMCSA– 

2013–0168; FMCSA–2014–0002; FMCSA– 

2014–0003; FMCSA–2014–0004; FMCSA– 

2014–0005; FMCSA–2014–0006; FMCSA– 

2014–0007; FMCSA–2014–0010; FMCSA– 

2015–0070; FMCSA–2015–0072; FMCSA– 

2015–0350; FMCSA–2015–0351; FMCSA– 

2016–0028; FMCSA–2016–0029; FMCSA– 

2016–0030; FMCSA–2016–0031; FMCSA– 

2016–0033] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 88 

individuals from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) for interstate 

commercial motor vehicle (CMV) 

drivers. The exemptions enable these 

individuals to continue to operate CMVs 

in interstate commerce without meeting 

the vision requirements in one eye. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates stated in 

the discussions below. Comments must 

be received on or before September 14, 

2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

1999–6480; FMCSA–2000–7006; 

FMCSA–2000–7165; FMCSA–2002– 

12294; FMCSA–2004–17195; FMCSA– 

2005–22194; FMCSA–2006–23773; 

FMCSA–2006–24783; FMCSA–2008– 

0021; FMCSA–2008–0106; FMCSA– 

2008–0174; FMCSA–2008–0231; 

FMCSA–2009–0291; FMCSA–2010– 

0082; FMCSA–2010–0114; FMCSA– 

2011–0299; FMCSA–2011–0325; 

FMCSA–2012–0104; FMCSA–2012– 

0161; FMCSA–2012–0214; FMCSA– 

2013–0166; FMCSA–2013–0168; 

FMCSA–2014–0002; FMCSA–2014– 

0003; FMCSA–2014–0004; FMCSA– 

2014–0005; FMCSA–2014–0006; 

FMCSA–2014–0007; FMCSA–2014– 

0010; FMCSA–2015–0070; FMCSA– 

2015–0072; FMCSA–2015–0350; 

FMCSA–2015–0351; FMCSA–2016– 

0028; FMCSA–2016–0029; FMCSA– 

2016–0030; FMCSA–2016–0031; 

FMCSA–2016–0033 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 

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(s) 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, 

e.t., 365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, 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 of 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 for five 

years 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 twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The physical qualification standard 

for drivers regarding vision found in 49 

CFR 391.41(b)(10) states that a person is 

physically qualified to driver a CMV if 

that person has distant visual acuity of 

at least 20/40 (Snellen) in each eye 

without corrective lenses or visual 


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