Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices 44871 

duration of a driver’s medical 

certification. 

The physical qualification standard 

for drivers regarding hearing found in 

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

person is physically qualified to driver 

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 two 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 

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

and 31315, each of the two applicants 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement (80 FR 48394). 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. 

Therefore, FMCSA concludes that 

extending the exemption for each of 

these drivers for a period of two years 

is likely to achieve a level of safety 

equal to that existing without the 

exemption. 

As of September 12, 2017, and in 

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

31315, the following two individuals, 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (80 FR 48394): 

Casey Wayne Patrick (WA) and Eduwin 

Pineiro (NJ). 

The drivers were included in docket 

number FMCSA–2014–0386. The 

exemptions were applicable on 

September 12, 2017, and will expire on 

September 12, 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; 

(2) report all citations and convictions 

for disqualifying offenses under 49 CFR 

part 383 and 49 CFR 391 to FMCSA, and 

(3) each driver prohibited from 

operating a motorcoach or bus with 

passengers in interstate commerce. The 

driver must also have a copy of the 

exemption when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. In addition, 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. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VI. Conclusion 

Based upon its evaluation of the two 

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: September 19, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–20524 Filed 9–25–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0270] 

Hours of Service of Drivers: National 

Tank Truck Carriers; 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 Tank Truck Carriers, Inc. 

(NTTC) requesting exemption from the 

requirement that drivers of commercial 

motor vehicles (CMVs) obtain a 30- 

minute rest break. The exemption 

would enable drivers engaged in the 

transportation of petroleum-based fuels 

to use 30 minutes of time attending the 

load to satisfy the 30-minute rest break 

requirement. FMCSA requests public 

comment on NTTC’s application for 

exemption. 

DATES: Comments must be received on 

or before October 26, 2017. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2017–0270 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. ET, 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. DOT posts all comments 

received without change to 

www.regulations.gov. This includes any 

personal information contained in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

44872 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices 

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: 

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–2017–0270), 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–2017–0270’’ 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. 

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)). 

Background 

The HOS rules require most interstate 

drivers to maintain a record of duty 

status (RODS) on board the CMV at all 

times. This record, or log, must reflect 

the driver’s duty status on that date and 

for the preceding 7 (or in some cases, 8) 

days. However, the HOS rules provide 

an exception to this rule—the 100 airmile radius exception (49 CFR 

395.1(e)(1)). This provision relieves 

CMV drivers of the duty to maintain a 

log if they remain within a 100 air-mile 

radius of the normal work reporting 

location during the duty day and return 

to the work-reporting location and quit 

work within 12 hours. The motor carrier 

must maintain at the principal place of 

business a record of the time the driver 

came on duty, the time the driver was 

released from duty, and the total 

number of hours the driver was on duty. 

The HOS rules include a requirement 

that drivers of property-carrying CMVs 

take a rest break of at least 30 minutes 

if 8 hours have passed since the end of 

the driver’s last off-duty or sleeper-berth 

period of at least 30 minutes. However, 

the requirement to take a minimm 30 

minute rest break does not apply to 

drivers operating within the 100 airmile radius ‘‘short haul’’ exemption 

area. 

Request for Exemption 

Applicant NTTC seeks exemption 

from the 30-minute rest break provision 

on behalf of motor carriers and drivers 

engaged in the transportation of 

petroleum-based products. While it 

estimates that 38,000 tractors perform 

these operations daily, the number that 

would require the exemption would be 

much smaller. NTTC explains that most 

drivers engaged in the transportation of 

petroleum products by CMV qualify for 

the 100 air-mile exception and thus are 

not required to observe a 30-minute 

break. However, on rare occasions, a 

driver does not qualify for the 100 airmile exception, usually because 

unexpected interruptions to the 

workday stretch the driver’s duty day 

beyond the 12-hour limit of that 

exception. When this occurs, the driver 

is required to go off duty for at least 30 

minutes. However, even if the driver 

parks the CMV, he or she must attend 

it because it is an HM load, and a driver 

who is attending a load is not 

considered off duty. NTTC seeks 

exemption for these drivers to allow 

them to proceed without observing a 30- 

minute off-duty break. It asks that these 

drivers be able to designate a period of 

on-duty waiting time of at least 30 

minutes duration to satisfy the restbreak requirement, provided the only 

work performed during that time is 

attending the HM load. NTTC indicates 

that the typical workday of these drivers 

consists of loading petroleum fuel at one 

location and then delivering it to 3 or 4 

service stations. Some, if not all, of 

these stops exceed 30 minutes, during 

which the driver is often only attending 

the load. NTTC describes this waiting 

time as restful because the driver is 

otherwise free to engage in activities 

such as eating and making personal 

phone calls. 

NTTC asserts that exemption for these 

drivers will result in a level of safety 

that is equivalent to that achieved 

without the exemption. It asserts that 

considerable time is required to locate a 

suitably secure location for parking an 

HM load so that the driver can go off 

duty. NTTC believes that the 

considerable, additional movement of 

the CMV for this purpose increases the 

risk of a crash. It also asserts that the 

safest approach is to keep the CMV 

moving toward its destination and cites 

two authorities for its position. It first 

Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices 44873 

1 12 CFR part 1003. 

2 12 U.S.C. 2801–2811. 

3Public Law 111–203, July 21, 2010. 

cites the Transportation Security 

Administration’s warning to truckers 

that vehicles transporting HM are 

‘‘targets of choice’’ for terrorists and 

thus should not be parked en route. 

Second, NTTC cites a regulation of the 

Pipeline and Hazardous Materials Safety 

Administration (US DOT) stating that 

‘‘[a]ll shipments of hazardous materials 

must be transported without 

unnecessary delay, from and including 

the time of commencement of the 

loading of the hazardous material until 

its final unloading at destination’’ (49 

CFR 177.800(d)). For these reasons, 

NTTC believes that its drivers should 

not be required to take a rest break when 

they discover that they are no longer 

eligible for the short-haul exemption. 

NTTC seeks exemption for the 

maximum period of 5 years. A copy of 

NTTC’s application for exemption is 

available in the docket of this matter. 

Issued on: September 18, 2017 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–20525 Filed 9–25–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Information Collection 

Revisions; Comment Request; 

Regulation C; Fair Housing Home Loan 

Data System Regulation 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection as required by the Paperwork 

Reduction Act of 1995 (PRA). 

An agency may not conduct or 

sponsor, and the respondent is not 

required to respond to, an information 

collection unless it displays a currently 

valid Office of Management and Budget 

(OMB) control number. 

The OCC is soliciting comment 

concerning the revisions of information 

collections titled ‘‘Regulation C’’ and 

‘‘Fair Housing Home Loan Data System 

Regulation.’’ 

DATES: Comments must be submitted on 

or before November 27, 2017. 

ADDRESSES: Because paper mail in the 

Washington, DC area and at the OCC is 

subject to delay, commenters are 

encouraged to submit comments by 

email, if possible. Comments may be 

sent to: Legislative and Regulatory 

Activities Division, Office of the 

Comptroller of the Currency, Attention: 

1557–0176; 1557–0159, 400 7th Street 

SW., Suite 3E–218, Mail Stop 9W–11, 

Washington, DC 20219. In addition, 

comments may be sent by fax to (571) 

465–4326 or by electronic mail to 

prainfo@occ.treas.gov. You may 

personally inspect and photocopy 

comments at the OCC, 400 7th Street 

SW., Washington, DC 20219. For 

security reasons, the OCC requires that 

visitors make an appointment to inspect 

comments. You may do so by calling 

(202) 649–6700 or, for persons who are 

deaf or hard of hearing, TTY, (202) 649– 

5597. Upon arrival, visitors will be 

required to present valid governmentissued photo identification and submit 

to security screening in order to inspect 

and photocopy comments. 

All comments received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. Do not 

include any information in your 

comment or supporting materials that 

you consider confidential or 

inappropriate for public disclosure. 

FOR FURTHER INFORMATION CONTACT: 

Shaquita Merritt, OCC Clearance 

Officer, (202) 649–5490 or, for persons 

who are deaf or hard of hearing, TTY, 

(202) 649–5597, Legislative and 

Regulatory Activities Division, Office of 

the Comptroller of the Currency, 400 7th 

Street SW., Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501–3520), Federal 

agencies must obtain approval from the 

OMB for each collection of information 

that they conduct or sponsor. 

‘‘Collection of information’’ is defined 

in 44 U.S.C. 3502(3) and 5 CFR 

1320.3(c) to include agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. Section 

3506(c)(2)(A) of title 44 requires Federal 

agencies to provide a 60-day notice in 

the Federal Register concerning each 

proposed collection of information, 

including each proposed revision of an 

existing collection of information, 

before submitting the collection to OMB 

for approval. To comply with this 

requirement, the OCC is publishing this 

notice. 

Titles: Regulation C; Fair Housing 

Home Loan Data System Regulation. 

OMB Control Nos.: 1557–0176; 1557– 

0159. 

Type of Review: Regular review. 

Description: Regulation C,1 which 

implements the Home Mortgage 

Disclosure Act 2 (HMDA) enacted in 

1975, requires certain depository and 

non-depository institutions that make 

certain mortgage loans to collect, report, 

and disclose data about originations and 

purchases of mortgage loans, as well as 

loan applications that do not result in 

originations. HMDA generates loan data 

that can be used to: (1) Help determine 

whether financial institutions are 

serving the housing needs of their 

communities; (2) assist public officials 

in distributing public-sector 

investments so as to attract private 

investment to areas where it is needed; 

and (3) assist in identifying possible 

discriminatory lending patterns and 

enforcing anti-discrimination statutes. 

The Dodd-Frank Wall Street Reform 

and Consumer Protection Act of 2010 3

(the Dodd-Frank Act) transferred HMDA 

and its rulemaking authority from the 

Board of Governors of the Federal 

Reserve System (Board) to the Consumer 

Financial Protection Bureau (CFPB), and 

transferred supervisory and enforcement 

authority for HMDA for depository 

institutions over $10 billion in 

consolidated assets from the Board, 

Federal Deposit Insurance Corporation, 

OCC, and National Credit Union 

Administration to the CFPB. 

The CFPB published a final rule on 

October 28, 2015, that expanded the 

data collected and reported under 

HMDA, as implemented by Regulation 

C, and published a final rule on 

September 13, 2017, with additional 

corrections and clarifications (final 

rules). The final rules also modified the 

types of lenders and loans covered 

under Regulation C. First, for data 

collected in 2017, and reported in 2018, 

the rule simply reduces the number of 

institutions covered under Regulation C 

because only depositories originating 

more than 25 closed end loans must 

report. Then, starting January 1, 2018, 

an institution will collect expanded data 

under HMDA if it either originates 25 or 

more closed-end mortgage loans or 500 

or more open-end lines of credit secured 

by a dwelling in each of the two 

preceding years, in addition to meeting 

other criteria. These institutions will 

begin reporting the expanded HMDA 

data in 2019. Starting in 2020, an 

institution will collect data on open-end 

lines of credit if it originates more than 

100 open-end lines of credit secured by 

a dwelling in each of the two preceding 

years (and report that open-end lines of 

credit data beginning in 2021). An