35282 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

the instructions on providing 

comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building, Ground Floor, Room 

W 12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Interested persons may inspect the 

request and supporting documents by 

contacting the FAA at the address listed 

under FOR FURTHER INFORMATION

CONTACT. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jorge E. Panteli, Compliance and Land 

Use Specialist, Federal Aviation 

Administration New England Region 

Airports Division, 1200 District Avenue, 

Burlington, Massachusetts, 01803. 

Telephone: 781–238–7618. 

Authority: 49 U.S.C 47107(h)(2). 

Issued in Burlington, Massachusetts on 

June 3, 2022. 

Julie Seltsam-Wilps, 

Deputy Director, ANE–600. 

[FR Doc. 2022–12354 Filed 6–8–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0099] 

Hours of Service of Drivers: 

Application for Exemption; Leland 

Schmitt, Jr. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), (DOT). 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that 

Leland Schmitt, Jr. requests an 

exemption from five provisions of the 

federal hours of service (HOS) 

regulations. The applicant requests the 

exemption for himself for a 5-year 

period and believes that his safe driving 

record and experience demonstrate an 

equivalent level of safety. FMCSA 

requests public comment on the 

applicant’s request for exemption. 

DATES: Comments must be received on 

or before July 11, 2022. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number (FDMS) 

FMCSA–2022–0099 by any of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Docket Operations, 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, 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice (FMCSA–2022–0099). 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 visit Room W12–140 on the 

ground level of the 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 

Docket Operations. 

Privacy Act: In accordance with 49 

U.S.C. 31315(b), DOT solicits comments 

from the public to better inform its 

exemption process. 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 FDMS, which can 

be reviewed at https://

www.transportation.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; 202–366–2722 or MCPSD@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Docket Operations, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2022–0099), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 

recommendations. 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 the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov and put the docket 

number (‘‘FMCSA–2022–0099’’) in the 

‘‘Keyword’’ box, and click ‘‘Search.’’ 

When the new screen appears, click on 

the ‘‘Comment Now!’’ button and type 

your comment into the text box in 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 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. FMCSA 

will consider all comments and material 

received during the comment period. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) to grant 

exemptions from certain 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 

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 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 (up to 5 years) and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 35283 

III. Applicant’s Request 

Leland Schmitt, Jr. requests a fiveyear exemption from 49 CFR 395.3(a)(1) 

(the 10 consecutive hour off duty time 

requirement), section 395.3(a)(2) (the 14 

hour ‘‘driving window’’), section 

395.3(a)(3)(ii) (the 30-minute break 

requirement), and sections 395.3(b)(1) 

and (2) (respectively, the 60 hours-in-7- 

days and the 70 hours-in 8-days limits). 

The applicant is an owner-operator 

currently leased to D & E Transport in 

Clearwater, Minnesota, who has been 

operating commercial motor vehicles 

(CMVs) for 30 years, and the requested 

exemption is solely for the applicant. 

The applicant states that the mandatory 

10 hour off-duty break goes against his 

natural sleep patterns, as his normal 

nighttime sleep while in the CMV is 

between 5 to 7 hours. 

A copy of Mr. Schmitt’s application 

for exemption is included in the docket 

for this notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Leland Schmitt, Jr.’s application for an 

exemption from various provisions in 

the Federal HOS regulations in 49 CFR 

part 395. All comments received before 

the close of business on the comment 

closing date indicated at the beginning 

of this notice will be considered and 

will be available for examination in the 

docket at the location listed under the 

Addresses section of this notice. 

Comments received after the comment 

closing date will be filed in the public 

docket and will be considered to the 

extent practicable. In addition to late 

comments, FMCSA will continue to file, 

in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–12467 Filed 6–8–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0042; Notice 1] 

Continental Tire the Americas, LLC, 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: Continental Tire the 

Americas, LLC (‘‘CTA’’), has determined 

that certain Altimax RT 43 replacement 

passenger car tires do not fully comply 

with Federal Motor Vehicle Safety 

Standard (FMVSS) No. 139, New 

Pneumatic Radial Tires for Light 

Vehicles. CTA filed an original 

noncompliance report dated April 20, 

2021, and subsequently petitioned 

NHTSA on May 13, 2021, for a decision 

that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. This notice announces 

receipt of CTA’s petition. 

DATES: Send comments on or before July 

11, 2022. 

ADDRESSES: Interested persons are 

invited to submit written data, views, 

and arguments on this petition. 

Comments must refer to the docket and 

notice number cited in the title of this 

notice and submitted by any of the 

following methods: 

• Mail: Send comments by mail 

addressed to the U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: Deliver comments 

by hand to the U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. The 

Docket Section is open on weekdays 

from 10 a.m. to 5 p.m. except for Federal 

holidays. 

• Electronically: Submit comments 

electronically by logging onto the 

Federal Docket Management System 

(FDMS) website at https://

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

• Comments may also be faxed to 

(202) 493–2251. 

Comments must be written in the 

English language and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that comments you have 

submitted by mail were received, please 

enclose a stamped, self-addressed 

postcard with the comments. Note that 

all comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. 

All comments and supporting 

materials received before the close of 

business on the closing date indicated 

above will be filed in the docket and 

will be considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the fullest extent 

possible. 

When the petition is granted or 

denied, notice of the decision will also 

be published in the Federal Register 

pursuant to the authority indicated at 

the end of this notice. 

All comments, background 

documentation, and supporting 

materials submitted to the docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the internet at https:// 

www.regulations.gov by following the 

online instructions for accessing the 

docket. The docket ID number for this 

petition is shown in the heading of this 

notice. 

DOT’s complete Privacy Act 

Statement is available for review in a 

Federal Register notice published on 

April 11, 2000 (65 FR 19477–78). 

FOR FURTHER INFORMATION CONTACT: 

Jayton Lindley, Office of Vehicle Safety 

Compliance, NHTSA, (325) 655–0547, 

Jayton.Lindley@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

CTA has determined that certain 

Altimax RT43 replacement passenger 

car tires do not fully comply with the 

requirements of paragraph S5.5.1(b) of 

FMVSS No. 139, New Pneumatic Radial 

Tires for Light Vehicles (49 CFR 

571.139). CTA filed a noncompliance 

report dated April 20, 2021, pursuant to 

49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. CTA subsequently petitioned 

NHTSA on May 13, 2021, for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential as it 

relates to motor vehicle safety, pursuant 

to 49 U.S.C. 30118(d) and 30120(h) and 

49 CFR part 556, Exemption for 

Inconsequential Defect or 

Noncompliance. 

This notice of receipt of CTA’s 

petition is published under 49 U.S.C. 

30118 and 30120 and does not represent 

any Agency decision or other exercise of 

judgment concerning the merits of the 

petition. 

II. Tires Involved 

Approximately three (3) Altimax 

RT43 replacement passenger car tires, 

size 175/65R14 82T, manufactured 

between March 8, 2020, and March 14, 

2020, are potentially involved. 


lotter on DSK11XQN23PROD with NOTICES1