Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices 22259 

formal scoping record. To ensure that 

the full range of issues related to this 

proposed action is addressed, and all 

the significant issues identified, 

comments and suggestions are invited 

from interested parties during the 

scoping period. Comments concerning 

this proposal will be accepted at the 

public meeting or can be sent by mail 

to Bill Elliott, Plans Engineer, 

Washington State Department of 

Transportation, 5720 Capitol Blvd. SE 

Bldg 7, Tumwater, Washington 98501, 

or ELLIOTB@wsdot.wa.gov. 

If significant environmental impacts 

are discovered during the 

environmental analysis which cannot be 

mitigated to a non-significant level an 

environmental impact statement (EIS) 

will be prepared for the project. If this 

happens, no additional scoping 

meetings will be held. However, another 

Notice of Intent to prepare an EIS will 

published in the Federal and SEPA 

registers, announcing a future deadline 

for submitting written comments on the 

EIS’s scope of the alternatives and 

impacts to be considered. See Question 

13 in the Council on Environmental 

Quality’s Forty Most Asked Questions 

46 FR 18026 (March 23, 1981). 

Daniel M. Mathis, 

Division Administrator, Olympia, 

Washington. 

[FR Doc. 2015–09096 Filed 4–20–15; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0081] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillators 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 15 individuals for an 

exemption from the cardiovascular 

standard [49 CFR 391.41(b)(4)]. These 

15 individuals are requesting an 

exemption due to the presence of 

implantable cardioverter defibrillators 

(ICD) as a result of their underlying 

cardiac condition. Of the 15 individuals 

requesting exemptions, three 

individuals (Craig Bohms, James Dean, 

and Mark Steiner) were previously 

published in a January 2014 Federal 

Register under the docket listed above. 

A final decision was not issued on these 

three individuals because the Agency 

was in the process of gathering and 

analyzing additional data concerning 

ICDs and commercial motor vehicle 

(CMV) driving. These three individuals 

are being published again with 12 new 

individuals. If granted, an exemption 

would enable these individuals with 

ICDs to operate CMVs for up to 2 years 

in interstate commerce. 

DATES: Comments must be received on 

or before May 21, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2012–0081 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Follow the on-line 

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 or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket ID 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 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., 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 selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

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 records notice 

(DOT/ALL–14 FDMS), which can be 

reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Office of 

Carrier, Driver and Vehicle Safety, (202) 

366–4001, or via email at 

fmcsamedical@dot.gov, or by letter to 

FMCSA, Room W64–113, Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. Office hours are from 8:30 a.m. to 

5 p.m., Monday through Friday, except 

Federal holidays. 

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–2012–0081’’ 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 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. We will 

consider all comments and material 

received during the comment period 

and may change this proposed rule 

based on your comments. FMCSA may 

issue a final rule at any time after the 

close of the comment period. 

Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this notice, or 

to submit your comment online, go to 

www.regulations.gov and in the search 

box insert the docket number ‘‘FMCSA– 

2012–0081’’ and click ‘‘Search.’’ Next, 

click ‘‘Open Docket Folder’’ and you 

will find all documents and comments 

related to the proposed rulemaking. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of the Federal Motor 

Carrier Safety Regulations. 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 


tkelley on DSK3SPTVN1PROD with NOTICES
22260 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must also 

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 may grant an exemption 

subject to specified terms and 

conditions. The decision of the Agency 

must be published 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 also specify 

the effective period and explain the 

terms and conditions of the exemption. 

The exemption may be renewed (49 CFR 

381.300(b)). 

The FMCSA provides medical 

advisory criteria for use by medical 

examiners in determining whether 

drivers with certain medical conditions 

should be certified to operate CMVs in 

interstate commerce. The advisory 

criteria are currently set out as part of 

the medical examination report 

published with 49 CFR 391.43. The 

advisory criteria for section 391.41(b)(4) 

indicate that the term ‘‘has no current 

clinical diagnosis of’’ is specifically 

designed to encompass: ‘‘A clinical 

diagnosis of’’ (1) a current 

cardiovascular condition, or (2) a 

cardiovascular condition which has not 

fully stabilized regardless of the time 

limit. The term ‘‘known to be 

accompanied by’’ is designed to include 

a clinical diagnosis of a cardiovascular 

disease (1) which is accompanied by 

symptoms of syncope, dyspnea, collapse 

or congestive cardiac failure; and/or (2) 

which is likely to cause syncope, 

dyspnea, collapse, or congestive cardiac 

failure. 

Summary of Applications 

Craig Bohms 

Mr. Bohms is a 57-year-old Class A 

CDL holder in Illinois. Mr. Bohms 

documents that his ICD was implanted 

in 2013. A March 13, 2015, letter from 

his cardiologist reports Mr. Bohms ‘‘is 

doing well feeling good and has not 

needed or had any shock therapy from 

his defibrillator. He is stable from a 

heart rhythm standpoint and may drive 

for his job from that standpoint.’’ 

James Dean 

Mr. Dean is a 55-year-old from 

Wisconsin. A November 2014 medical 

document received from Mr. Dean 

indicates that his ICD was implanted in 

August of 2007. An April 2014 routine 

in-clinic visit document indicates no 

ventricular tachycardia episodes 

detected and that the patient states 

feeling well with no dizziness or 

syncope. A March 2014 document from 

St. Mary’s Hospital indicates Mr. Dean 

has a rate responsive dual chamber ICD. 

Daniel Donahue 

Mr. Donahue is a 72-year-old Class A 

CDL holder in Wisconsin. A February 4, 

2015 letter from his cardiologist reports 

that Mr. Donahue’s ICD was implanted 

in December 2004. ‘‘[Mr. Donahue ]has 

never required any therapy from his 

ICD. Since September 2013 to the date 

of this letter, [Mr. Donahue] has only 

one event of ventricular tachycardia 

which lasted 7 seconds, and did not 

require any therapy from his ICD. His 

ejection fraction has improved to 42% 

on his last echocardiogram which was 

done in September 2013.’’ 

Bernard Fritzon 

Mr. Fritzon is a 56-year-old Class A 

CDL holder in Kansas. A February 16, 

2015 letter from his cardiologist reports 

that ‘‘[Mr. Fritzon] received an ICD for 

secondary prevention due to nonischemic cardiomyopathy, and atrial 

fibrillation. The device was implanted 

for secondary prevention after 

witnessed ventricular tachycardia 

during a cardiac procedure. Mr. 

Fritzon’s last documented shock from 

his ICD was in April 2014. He has 

received 3 total inappropriate shocks for 

atrial fibrillation with rapid ventricular 

response. He is on optimal medical 

therapy for his condition and is stable 

from a cardiac standpoint.’’ 

Terry Goodhile 

Mr. Goodhile is a 56-year-old from 

Pennsylvania. A December 2014 

medical form from St. Luke’s 

Occupational Medicine reports that he 

has ‘‘hypertrophic cardiomyopathy with 

ICD.’’ The report states that ‘‘he is 

medically stable and is closely 

monitored by the provider and his 

cardiologist every 3 months.’’ Mr. 

Goodhile reports in a letter that his ‘‘ICD 

was implanted in April 2013 and has 

never delivered a shock.’’ 

Ronald Heinlein 

Mr. Heinlein is a 55-year-old from 

California. His dual chamber ICD was 

implanted in 2008. A February 6, 2015, 

letter from his cardiologist reports that 

his device is ‘‘for the purpose of life 

saving as a back-up, and that the device 

has never been used and may never be 

used.’’ 

David Jensen 

Mr. Jensen is a 52-year-old from 

California. A February 2, 2015, letter 

from his cardiologist states that his ICD 

was ‘‘placed in 2011 and he has had no 

device firings and no clinical events or 

arrhythmias. He is not prone to 

syncopal episodes and has never had 

any in the past. He engages in other high 

risk activities such as parachuting and 

hang gliding.’’ His cardiologist reports 

‘‘there is no contraindication to holding 

a motor vehicle license for either 

commercial or non-commercial vehicles 

based on the presence of his ICD.’’ 

Douglas Lopez 

Mr. Lopez is a 32-year-old from New 

York. His ICD was implanted in 2011. 

A February 6, 2015, letter from his 

cardiologist reports that Mr. Lopez’s 

‘‘device has never fired. His underlying 

cardiac condition is well compensated 

and stable with therapy.’’ Mr. Lopez 

wrote in a letter to the FMCSA that he 

plays sports, coaches various children’s 

athletics, and would be considered an 

extremely active individual. If granted 

an exemption, Mr. Lopez would like to 

resume driving a truck in interstate 

commerce. 

Leslie Mitchell 

Mr. Mitchell is a 55-year-old Class A 

CDL holder in Minnesota. He has a 

pacemaker ICD/defibrillator that was 

implanted in March 2014. In July 2014 

his cardiologist wrote that ‘‘Mr. Mitchell 

has had near complete recovery of his 

heart function thanks in part to 

medication and pacemaker therapy. We 

have seen no evidence concerning heart 

arrhythmias and he does not require 

defibrillator therapy.’’ In August 2014 

his cardiology specialists wrote that 

‘‘due to his improved cardiac status the 

tachycardia therapy portion of his 

biventricular Internal Cardiac 

Defibrillator was disabled (as 

recommended by his physicians). The 

biventricular pacing (pacemaker) 

portion of his CRT–D device remains 

functional.’’ 

Michael Politz 

Mr. Politz is a 50-year-old non-CDL 

holder from Washington State. A March 

2014 letter from his cardiologist reports 

that Mr. Politz had a defibrillator 

implanted ‘‘in 2012 for a primary 

ventricular fibrillation. A stress test in 

Jan 2013 demonstrated ejection fraction 

of 40%, inferior scar but no ischemia. 

He has had no recurrences of 

hemodynamically significant 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices 22261 

dysrhythmias by monitoring on his 

implantable defibrillator and no 

syncope, near syncope, or shocks. His 

cardiologist’s letter states that he is at a 

relatively low risk for recurrent episodes 

as he has been revascularized.’’ If 

granted an exemption, Mr. Politz would 

like to resume driving a truck in 

interstate commerce. 

Mark Register 

Mr. Register is a 46-year-old Class B 

CDL holder in North Carolina. An 

October 2014 affidavit from his 

cardiologist reports that his ICD ‘‘was 

implanted in 2010 for a documented 

ventricular arrhythmia. Mr. Register’s 

ventricular arrhythmia was determined 

to be a Right Ventricular Outflow Tract 

ventricular tachycardia which was 

treated by ablation in May 2011. His 

cardiologist is 99.5% confident that the 

source of Mr. Register’s original cardiac 

arrhythmia has been corrected and 

removed. Mr. Register has been 

clinically stable since that time and has 

experienced no malignant ventricular 

arrhythmias. His defibrillator is 

medically checked every three months 

to ensure proper function and is 

‘‘nothing more than a back-up or ‘‘safety 

net.’’ His cardiologist’s professional 

medical opinion is that Mr. Register ‘‘is 

completely and physically capable of 

operating a commercial motor vehicle’’ 

and ‘‘poses no risk in operating a 

commercial motor vehicle.’’ His 

cardiologist cites three recent scholarly 

articles from the Journal of American 

College of Cardiology and the European 

Society of Cardiology, which conclude 

that ‘‘patients with defibrillators are 

able to operate motor vehicles just as 

safely if not more so than the general 

population.’’ 

Charles Rhodes 

Mr. Rhodes is a 59-year-old from 

Arizona. Mr. Rhodes provided medical 

reports from 2013–2014 from his 

cardiologists indicating his ICD was 

implanted in February 2013. An October 

22, 2014, medical history from his 

cardiologist reports that he follows up 

regularly in the pacemaker clinic every 

3 months. 

Mark Steiner 

Mr. Steiner is a 65-year-old from 

Ohio. A January 29, 2015, letter from his 

cardiologist states that his ICD was 

implanted in 2012 for primary 

prevention. An ICD interrogation 

conducted on January 29, 2015, showed 

no report of any dysrhythmias or 

requirement for anti-tachycardia pacing 

or defibrillation. His cardiologist states 

Mr. Steiner has had no chest, neck, jaw 

or arm discomfort, pedal edema, near 

syncope, syncope, or ICD discharge. If 

granted an exemption, Mr. Steiner 

would like to resume driving a truck in 

interstate commerce. 

Stephen Watts 

Mr. Watts is a 52-year-old Class A 

CDL holder in Kansas. A December 2014 

letter from his cardiologist reports that 

his ICD was implanted in 2013. 

According to a January 2015 letter from 

his cardiologists, ‘‘from a clinical 

standpoint he is doing quite well. He 

has not had any shortness of breath, 

PND or orthopnea. Review of his 

pacemaker/defibrillator shows that he 

has not had any significant 

dysrhythmias.’’ A November 2014 letter 

from his employer states that he has 

‘‘driven over 1 million accident free 

miles.’’ If granted an exemption, Mr. 

Watts would like to resume driving a 

truck in interstate commerce. 

John Allen Weltz 

Mr. Weltz is a 51-year-old Class A 

CDL holder in Nebraska. A February 2, 

2015, letter from his cardiologist reports 

that Mr. Weltz received an ICD on 

February 28, 2014, and from Mr. Weltz’s 

records, his cardiologist does not think 

he has been shocked. A September 2014 

letter from his cardiologist states, ‘‘He 

has had no ventricular arrhythmias 

since his ICD was implanted and he is 

quite stable.’’ Mr. Weltz reports that for 

the past 10 years he has been keeping 

in close contact with all of his doctors, 

keeping all of his medical appointments 

and taking all medication as prescribed. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

the exemption applications described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

earlier in the notice. 

Issued on: April 14, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–09068 Filed 4–20–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Reports, Forms and Recordkeeping 

Requirements; Agency Information 

Collection Activity Under OMB Review 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Request (ICR) abstracted 

below has been forwarded to the Office 

of Management and Budget (OMB) for 

review and comment. The ICR describes 

the nature of the information collections 

and their expected burden. The Federal 

Register Notice with a 60-day comment 

period was published on December 19, 

2014 (79 FR 75859). No comments were 

received. 

This document describes a collection 

of information on nine Federal motor 

vehicle safety standards (FMVSSs) and 

one regulation, for which NHTSA 

intends to seek OMB approval. The 

information collection pertains to 

requirements that specify certain safety 

precautions regarding items of motor 

vehicle equipment must appear in the 

vehicle owner’s manual. 

DATES: Comments must be submitted on 

or before May 21, 2015. 

FOR FURTHER INFORMATION CONTACT: Lou 

Molino, the National Highway Traffic 

Safety Administration, Office of 

Rulemaking (NVS–112), (202) 366–1740, 

1200 New Jersey Avenue, W43–311, 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

National Highway Traffic Safety 

Administration 

Title: Consolidated Vehicle Owner’s 

Manual Requirements for Motor 

Vehicles and Motor Vehicle Equipment. 

OMB Number: 2127–0541. 

Type of Request: Extension of a 

currently approved collection. 

Abstract: In order to ensure that 

manufacturers are complying with the 

FMVSS and regulations, NHTSA 

requires a number of information 

collections in FMVSS Nos. 108, 110, 

138, 202a, 205, 208, 210, 213, and 226 

and Part 575 Sections 103 and 105. 

FMVSS No. 108, ‘‘Lamps, reflective 

devices, and associated equipment.’’ 

This standard requires that certain 

lamps and reflective devices with 

certain performance levels be installed 

on motor vehicles to assure that the 

roadway is properly illuminated, that 

vehicles can be readily seen, and the 

signals can be transmitted to other 

drivers sharing the road, during day, 

night and inclement weather. Since the 

specific manner in which headlamp aim 

is to be performed is not regulated (only 

the performance of the device is), 

aiming devices manufactured or 

installed by different vehicle and 

headlamp manufacturers may work in 

significantly different ways. As a 

consequence, to assure that headlamps 

can be correctly aimed, instructions for 


tkelley on DSK3SPTVN1PROD with NOTICES