Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2291 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the 25 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement, 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Paul A. Bartels (WI) 

Harold J. Bartley, Jr. (KY) 

Charles C. Berns (IA) 

Eric L. Boyle, Jr. (MD) 

Jeremiah E. Casey (MO) 

Leonard M. Cassieri (CA) 

Randy J. Conrad (IA) 

Jimmie E. Curtis (NM) 

Daniel E. Delano (VA) 

Jonathan P. Edwards (PA) 

James A. Green (IL) 

Richard Healy (MD) 

Tommy G. Hillis (TX) 

Richard A. Honstad (MN) 

Stephen M. Lovell (TX) 

Thomas P. Maio (ME) 

Carlos Marquez (WI) 

Jason L. McBride (MI) 

Dennis M. Olson (WI) 

Kameron W. Quinalty (AR) 

Daniel C. Sagert (WI) 

Robert D. Steele (WA) 

Richard C. Strassburg (NY) 

Jeremy E. Studebaker (IN) 

Daniel D. Woodworth (LA) 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each exemption will be valid 

for two years from the effective date 

unless revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136 and 

31315. 

Issued on: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00599 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0116] 

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 two 

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., ET, 

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., ET, 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 May 4, 2017, FMCSA published a 

FR notice (82 FR 20961) announcing 

receipt of applications from two 

individuals treated with ICDs and 

requested comments from the public. 

These two 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 June 5, 2017, and two 

comments were 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 May 4, 2017, 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, 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 two comments in 

this proceeding. Each of the comments 

was favorable towards the applicants 

continuing to drive CMV’s with ICD’s 

citing their ICDs have not deployed and 

their medical and physical conditions 

are stable. FMCSA acknowledges the 

commenters’ responses concerning 

stable medical histories with ICDs. 

Based on the available medical 

literature cited above, however, 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 


daltland on DSKBBV9HB2PROD with NOTICES
2292 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 

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

30100/30123/Final_CVD_Evidence_Report_v2.pdf. 

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 

ICDs, 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 

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 two 

applicants have been denied 

exemptions from the physical 

qualification standards in 49 CFR 

391.41(b)(4): 

Justin D. Dale (IA) 

Raymond M. Loffredo (PA) 

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: January 5, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–00560 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0027] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 14 individuals for an 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. If granted, the 

exemptions will enable these 

individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

DATES: Comments must be received on 

or before February 15, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2017–0027 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., ET, 

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., ET, 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 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 8:30 a.m. to 5 p.m., ET, 

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 twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The 14 individuals listed in this 

notice have requested an exemption 

from the vision requirement in 49 CFR 

391.41(b)(10). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

an exemption will achieve the required 

level of safety mandated by statute. 

The physical qualification standard 

for drivers regarding vision found in 49 

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

physically qualified to drive a CMV if 


daltland on DSKBBV9HB2PROD with NOTICES