Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42415 

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 two 

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 two-year period. 

The physical qualification standard 

for drivers regarding hearing found in 

49 CFR 391.41(b)(11) states that a 

person is physically qualified to drive a 

CMV if that person: 

First perceives a forced whispered voice in 

the better ear at not less than 5 feet with or 

without the use of a hearing aid or, if tested 

by use of an audiometric device, does not 

have an average hearing loss in the better ear 

greater than 40 decibels at 500 Hz, 1,000 Hz, 

and 2,000 Hz with or without a hearing aid 

when the audiometric device is calibrated to 

American National Standard (formerly ASA 

Standard) Z24.5—1951. 

49 CFR 391.41(b)(11) was adopted in 

1970, with a revision in 1971 to allow 

drivers to be qualified under this 

standard while wearing a hearing aid, 

35 FR 6458, 6463 (April 22, 1970) and 

36 FR 12857 (July 3, 1971). 

The four individuals listed in this 

notice have requested renewal of their 

exemptions from the hearing standard 

in 49 CFR 391.41(b)(11), in accordance 

with FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable two-year period. 

II. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

III. Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application. 

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

and 31315, each of the twelve 

applicants has satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement (80 FR 

57032; 80 FR 60747). In addition, for 

Commercial Driver’s License (CDL) 

holders, the Commercial Driver’s 

License Information System (CDLIS) 

and the Motor Carrier Management 

Information System (MCMIS) are 

searched for crash and violation data. 

For non-CDL holders, the Agency 

reviews the driving records from the 

State Driver’s Licensing Agency (SDLA). 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to safely operate a CMV in 

interstate commerce. 

The four drivers in this notice remain 

in good standing with the Agency and 

have not exhibited any medical issues 

that would compromise their ability to 

safely operate a CMV during the 

previous two-year exemption period. 

FMCSA has concluded that renewing 

the exemptions for each of these 

applicants is likely to achieve a level of 

safety equal to that existing without the 

exemption. Therefore, FMCSA has 

decided to renew each exemption for a 

two-year period. In accordance with 49 

U.S.C. 31136(e) and 31315, each driver 

has received a renewed exemption. 

As of August 13, 2017, the following 

four drivers have satisfied the renewal 

conditions for obtaining an exemption 

from the hearing requirement in 49 CFR 

391.41(b)(11), from driving CMVs in 

interstate commerce (80 FR 40125): 

Harold R. Deavers (WV) 

Emil Iontchev (IL) 

Jerald M. McCrary (NC) 

William K. Jones (MN) 

The drivers were included in 

FMCSA–2014–0385. The exemptions 

were effective on August 13, 2017, and 

will expire on August 13, 2019. 

IV. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) Each 

driver must report any crashes or 

accidents as defined in 49 CFR 390.5; 

and (2) report all citations and 

convictions for disqualifying offenses 

under 49 CFR part 383 and 49 CFR 391 

to FMCSA. In addition, the driver must 

also have a copy of the exemption when 

driving, for presentation to a duly 

authorized Federal, State, or local 

enforcement official. The driver is 

prohibited from operating a motorcoach 

or bus with passengers in interstate 

commerce. The exemption does not 

exempt the individual from meeting the 

applicable CDL testing requirements. 

Each exemption will be valid for two 

years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded if: (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 before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315. 

V. Conclusion 

Based upon its evaluation of the four 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the hearing requirement in 

49 CFR 391.41 (b)(11). In accordance 

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

exemption will be valid for two years 

unless revoked earlier by FMCSA. 

Issued on: August 30, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–18984 Filed 9–6–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0197] 

Hours of Service of Drivers: National 

Asphalt Pavement Association, Inc.; 

Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that it has 

received an application from the 

National Asphalt Pavement Association, 

(Inc.) (NAPA) requesting exemptions 

from two requirements of the hours-ofservice (HOS) regulations for drivers of 

certain commercial motor vehicles 

(CMVs) operated by NAPA members, 

the 30-minute rest break provision and 

the requirement that short-haul drivers 

utilizing the record of duty status 

(RODS) exception return to their workreporting location within 12 hours of 

coming on duty. The first exemption 

would enable drivers engaged in the 

transportation of asphalt and related 

materials to use 30 minutes or more of 

on-duty ‘‘waiting time’’ to satisfy the 

requirement for the 30-minute rest 

break, provided they do not perform any 

other work during the break. The second 

exemption would allow these drivers to 

use the short-haul exception but return 

to their work-reporting location within 

14 hours instead of the usual 12 hours. 

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42416 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 

1More precisely, section 5521 of the Fixing 

America’s Surface Transportation (FAST) Act, 

exempts a ‘‘driver of a ready mixed concrete 

delivery vehicle’’ from all of the normal hours-ofservice regulations, including the 30-minute break 

rule, who operates within a 100 air-mile radius of 

his/her normal work reporting location and meets 

certain other requirements [Pub. L. 114–94, 129 

Stat. 1312, 1559, Dec. 4, 2015, codified at 49 U.S.C. 

31502(f)]. In addition, FMCSA granted drivers of 

ready mixed concrete trucks an exemption from the 

FMCSA requests public comment on 

NAPA’s application for exemptions. 

DATES: Comments must be received on 

or before October 10, 2017. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2017–0197 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 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., 

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

through Friday, except Federal holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number 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 visit 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 on-line FDMS is available 

24 hours each day, 365 days each year. 

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 of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning this notice, 

please contact Mr. Tom Yager, Chief, 

FMCSA Driver and Carrier Operations 

Division; Telephone: (614) 942–6477; 

Email: MCPSD@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Docket 

Services, 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–2017–0197), 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–2017–0197’’ in the 

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

When the new screen appears, click on 

‘‘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 

and may grant or not grant this 

application based on your comments. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain Federal Motor Carrier 

Safety Regulations (FMCSRs). 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)). 

III. Request for Exemption 

NAPA seeks exemptions for all 

drivers of member companies 

transporting asphalt and related 

materials and equipment from the HOS 

30-minute rest break provision in 49 

CFR 395.3(a)(3)(ii) and the restriction of 

the RODS exception for short-haul 

operations to drivers who return to their 

normal work-reporting location within 

12 hours [49 CFR 395.1(e)(1)(ii)(A)]. 

The first exemption from the HOS rest 

break provision, if granted, would 

enable drivers engaged in the 

transportation of asphalt and related 

materials to use 30 minutes or more of 

on-duty ‘‘waiting time’’ to satisfy the 

requirement for the 30-minute rest 

break, provided they do not perform any 

other work during the break. According 

to NAPA, asphalt is a highly perishable 

product. It is loaded into the delivery 

truck at 280–300 degrees Fahrenheit and 

begins to cool immediately. If the 

asphalt is not delivered and placed on 

the paving site within two hours, the 

product hardens and is no longer vicous 

enough to be useable. Drivers of asphalt 

delivery vehicles typically drive 

approximately one-third of their 

workday; the rest of their day is spent 

waiting to load or unload their vehicles 

and in other non-driving duties such as 

paperwork and cleaning their trucks 

after each load. 

The second exemption, if granted, 

would allow these same drivers to use 

the short-haul RODS exception but with 

a 14-hour duty period instead of 12 

hours. NAPA advises that while some 

short-haul drivers will be able to take 

advantange of the exception from the 

30-minute break, other drivers are often 

required to be on duty more than 12 

hours in a day and therefore are not 

eligible to use the short-haul exception. 

NAPA mentioned that drivers of 

ready-mixed concrete delivery vehicles 

were granted an exemption from the 

minimum 30-minute rest break 

provision.1 NAPA states that ‘‘the same 

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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42417 

30-minute break requirement [80 FR 17819, April 

2, 2015], which section 5206(b)(1)(A) of the FAST 

Act made into permanent law [129 Stat. 1312, 

1537]. 

reasoning supporting the exemptions 

from the 30-minute break time rule and 

allowing a 14-hour daily on duty-period 

for drivers of ready-mixed concrete 

vehicles applies to drivers engaged in 

the transportation of asphalt and related 

materials and equipment. Both are 

perishable products that are not useable 

if they are not dropped and spread 

within a brief delivery window. Because 

of this short delivery window, the 

routes from the production facility to 

the delivery site for both products are 

limited to less than 40 miles, and the 

time spent actually driving a CMV is 

typically only a few hours per day. Thus 

in both cases, the drivers do not face the 

same fatigue factors as drivers of longhaul trucks, and therefore do not pose 

the same risk of a fatigue-related 

accident as long-haul drivers.’’ 

NAPA requests that the operation of 

certain vehicles and equipment (Water 

Truck, Tack (tar) Distributor, Equipment 

Hauler and Pick-Sweeper (Street 

Sweeper)) be included in the definition 

of ‘‘transportation of asphalt and related 

materials and equipment’’ for purposes 

of these exemptions. 

NAPA states in its application that 

drivers would remain subject to the 

HOS regulations and would receive 

sufficient rest due to the nature of their 

operations that limit driving to an 

average of six to seven hours per day or 

less during the paving season. NAPA 

believes that granting these exemptions 

would achieve the same level of safety 

provided by the two HOS rules. The 

requested exemptions are for 5 years 

with renewals. A copy of NAPA’s 

application for exemptions is available 

for review in the docket for this notice. 

Issued on: August 30, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–18985 Filed 9–6–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2017–0076] 

Petition for Waiver of Compliance 

Under Part 211 of Title 49 of the Code 

of Federal Regulations (CFR), this 

document provides the public notice 

that on July 24, 2017 the New York 

Susquehanna & Western Technical & 

Historical Society (THSX) petitioned the 

Federal Railroad Administration (FRA) 

for a waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at Title 49 Code of 

Federal Regulations Part 230—Steam 

Locomotive Inspection and 

Maintenance Standards. FRA assigned 

the petition docket number FRA–2017– 

0076. 

THSX maintains and operates No. 

142, a 2–8–2 ‘‘Mikado’’ type steam 

locomotive built in 1989 by the 

Tangshan Locomotive Works in China 

for the New York, Susquehanna & 

Western Railroad. THSX requests relief 

from performing the 1472 service day 

inspection (SDI), for No. 142, regarding 

inspection of the boiler every 15 

calendar years or 1472 service days. 

This is required under CFR 49 Section 

230.17—One thousand four hundred 

seventy-two (1472) service day 

inspection. THSX is requesting an 

additional 58 calendar days before 

performing a 1472 SDI. The previous 

SDI was performed on September 2, 

2002. Granting relief will allow No. 142 

an SDI period of 15 calendar years and 

58 calendar days while not exceeding 

1472 service days. 

No. 142 is operated by THSX on 

Belvedere & Delaware Railroad for 

weekly tourist service. THSX’s 

justification for requesting relief is that 

No. 142 has only operated for a total 640 

service days within the 15-calendar year 

period. The extension will allow No. 

142 to operate through their busiest 

tourist season. THSX anticipates 

approximately 18 additional service 

days during the requested time 

extension. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the Department of Transportation’s 

Docket Operations Facility, 1200 New 

Jersey Ave. SE., W12–140, Washington, 

DC 20590. The Docket Operations 

Facility is open from 9 a.m. to 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by October 

23, 2017 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered if practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 

inform its processes. 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. See 

also https://www.regulations.gov/ 

privacyNotice for the privacy notice of 

regulations.gov. 

Robert C. Lauby, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2017–18898 Filed 9–6–17; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2017–0160] 

Requested Administrative Waiver of 

the Coastwise Trade Laws: Vessel 

BONITA; Invitation for Public 

Comments 

AGENCY: Maritime Administration. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to grant waivers of the U.S.- 

build requirement of the coastwise laws 

under certain circumstances. A request 

for such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. 

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