44870 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices 

the summary is intended to affect the 

legal status of the petition or its final 

disposition. 

DATES: Comments on this petition must 

identify the petition docket number and 

must be received on or before October 

16, 2017. 

ADDRESSES: Send comments identified 

by docket number FAA–2017–0761 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room Wl2–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Privacy: 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 ofrecords notice 

(DOT/ALL–14 FDMS), which can be 

reviewed at http://ww\v.dot.gov/ 

privacv. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room Wl2–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jake 

Troutman (202) 683–7788, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Lirio Liu, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2017–0761 

Petitioner: BNSF Railway Company 

Section(s) of 14 CFR Affected: Part 21; 

§§ 45.23(b), 6l.l13(a) and (b), 9I.7(a), 

9l.103(b), 91.119, 91.121, 91.151, 

91.215, 91.203(a) and (b), 9l.405(a), 

9l.407(a), 91.409(a), 91.417(a) and (b) of 

14 Code of Federal Regulations (14 

CFR). 

Description of Relief Sought: The 

petitioner, a Class I freight railroad, is 

seeking an exemption pursuant to 

Section 2210 of the FAA Extension, 

Safety, and Security Act of 2016, to 

commercia lly operate small unmanned 

aircraft systems (UAS) beyond visual 

line of sight (BVLOS) over BNSF owned 

or controlled land in support of 

activities described in Section2210, 

paragraph (b). The inspection of railroad 

infrastructure and operations involving 

repair, construction, maintenance, or 

protection of covered facilities will 

occur during both day and night. 

[FR Doc. 2017–20498 Filed 9–25–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0386] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for two 

individuals from the hearing 

requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

interstate commercial motor vehicle 

(CMV) drivers. The exemptions enable 

these hard of hearing and deaf 

individual to continue to operate CMVs 

in interstate commerce. 

DATES: The renewed exemptions were 

applicable on September 12, 2017. The 

exemptions expire on September 12, 

2019. Comments must be received on or 

before October 26, 2017. 

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., 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. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2014–0386 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. 

I. Background 

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

FMCSA may grant an exemption for five 

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 five-year period. FMCSA grants 

exemptions from the FMCSRs for a twoyear period to align with the maximum 

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