[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9318-9320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03019]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0041]


Qualification of Drivers; Exemption Applications; Implantable 
Cardioverter Defibrillators (ICDs)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of applications for exemption; request for comments.

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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 (transient loss of consciousness), dyspnea 
(shortness of breath), collapse, or congestive heart failure. If 
granted, the exemptions

[[Page 9319]]

would enable these individuals with ICDs to operate CMVs in interstate 
commerce.

DATES: Comments must be received on or before March 15, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2023-0041 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2023-0041) in the keyword box and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, and click on the ``Comment'' button. Follow 
the online instructions for submitting comments.
     Mail: Dockets Operations; 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: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room 
W64-224, Washington, DC 20590-0001, (202) 366-4001, 
[email protected]. 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 Dockets 
Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2023-0041), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. 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 www.regulations.gov/docket?D=FMCSA-2023-0041. Next, sort the results by ``Posted (Newer-
Older),'' 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 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Comments

    To view comments, go to www.regulations.gov. Insert the docket 
number (FMCSA-2023-0041) in the keyword box and click ``Search.'' Next, 
sort the results by ``Posted (Newer-Older),'' choose the first notice 
listed, and click ``Browse Comments.'' If you do not have access to the 
internet, you may view the docket online by visiting Dockets Operations 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001, 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.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption requests. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov. As described in the system of records 
notice DOT/ALL 14 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter.

II. Background

    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 statutes also allow the Agency to renew exemptions at 
the end of the 5-year period. FMCSA grants medical exemptions from the 
FMCSRs for a 2-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 Sec.  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 Sec.  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. The advisory criteria states that ICDs are 
disqualifying due to risk of syncope.
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    \1\ These criteria may be found in 49 CFR part 391, Appendix A 
to Part 391--Medical Advisory Criteria, Section D. Cardiovascular: 
Sec.  391.41(b)(4), paragraph 4, which is available on the internet 
at https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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III. Qualifications of Applicants

Kevin Coughlin

    Kevin Coughlin is a class A driver's license holder in 
Massachusetts. A letter dated January 12, 2023, from Kevin Coughlin's 
cardiologist reports that the ICD was implanted 25 years ago due to a 
diagnosis of long QT syndrome. Kevin Coughlin's cardiologist reports 
that in 2003, they received one defibrillation but for the last 20 
years, they have not experienced any dangerous arrhythmias or 
defibrillator shock therapies and that their condition is stable.

Charles Halepakis

    Charles Halepakis is a class A driver's license holder in 
Massachusetts. Charles Halepakis' ICD was implanted on January 11, 
2022. Their cardiologist reports diagnoses of cardiomyopathy, coronary 
artery disease, and heart failure. Since the implantation of the 
device, the cardiologist reports that Charles Halepakis has experienced 
no overt heart failure symptoms and that they maintain a high 
functional capacity on a limited medical regimen.

[[Page 9320]]

Antonio Maceroni

    Antonio Maceroni is a class B driver's license holder in Michigan. 
A letter dated November 9, 2022, from Antonio Maceroni's health care 
provider reports that their ICD was implanted on January 5, 2021, due 
to a diagnosis of ventricular tachycardia. Since being implanted, 
Antonio Maceroni has experienced six episodes of cardiac arrythmias 
which received pace terminated therapy. The healthcare provider reports 
that Antonio Maceroni denies symptoms of ventricular tachycardia 
related arrhythmia since the implantation.

Michael Wilson

    Michael Wilson is a class A driver's license holder in Florida. 
Michael Wilson's ICD was implanted on February 12, 2015. The 
cardiologist reports that the ICD was implanted due to diagnoses of 
cardiomyopathy and cardiac sarcoidosis with high-risk features. Since 
implantation, Michael Wilson had a single episode of syncope in 2015, 
with no subsequent reports of shocks or cardiac complaints.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), 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 under the DATES 
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-03019 Filed 2-10-23; 8:45 am]
BILLING CODE 4910-EX-P


