Hours of Service of Drivers of Commercial Motor Vehicles; Proposed Regulatory Guidance Concerning the Transportation of Agricultural Commodities; Extension of Comment Period

Larry W. Minor
Federal Motor Carrier Safety Administration
19 January 2018

[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Proposed Rules]
[Pages 2765-2766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00847]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2017-0360]


Hours of Service of Drivers of Commercial Motor Vehicles; 
Proposed Regulatory Guidance Concerning the Transportation of 
Agricultural Commodities; Extension of Comment Period

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT

ACTION: Proposed regulatory guidance; extension of comment period.

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SUMMARY: FMCSA extends the public comment period for the Agency's 
December 20, 2017, notice announcing the proposed regulatory guidance 
concerning the transportation of agricultural commodities. On December 
22, 2017, the American Trucking Associations, Inc. (ATA) requested a 
30-day extension of the comment period. Additional requests for 
extension of the comment period have been received. The Agency extends 
the January 19, 2018, deadline for the submission of public comments to 
February 20, 2018.

DATES: FMCSA extends the comment period for the notice of proposed 
regulatory guidance published on December 20, 2017 at 82 FR 60360. You 
must submit comments on or before February 20, 2018.

ADDRESSES: You may insert comments identified by Federal Docket 
Management System Number FMCSA-2017-0360 by any of the following 
methods:
     Federal eRulemaking Portal: 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 or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., 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 and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and 
Carrier Operations Division, Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, Washington, DC 20590, phone (614) 942-6477, email 
MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number listed 
above, indicate the specific section of this document to which your 
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. 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 http://www.regulations.gov, 
put the

[[Page 2766]]

docket number, FMCSA-2017-0360, 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 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. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this guidance based on your comments.

B. Viewing Comments and Documents

    To view comments, go to http://www.regulations.gov. Insert the 
docket number, FMCSA-2017-0360, in the keyword box, and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its regulatory 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.transportation.gov/privacy.

II. Background

    On December 20, 2017 (82 FR 60360), FMCSA published a notice of 
proposed regulatory guidance concerning the transportation of 
agricultural commodities. That proposed guidance provides clarity to 
the agricultural exception in 49 CFR 395.1(k)(1) and specifically 
addresses two scenarios: (1) Driving an unladen commercial motor 
vehicle to either pick up an agricultural community or on a return trip 
following the delivery of an agricultural commodity; and (2) 
application of the agricultural commodity exemption to trips involving 
transportation of the commodity more than 150 air-miles from its 
source. In addition, the Agency requested comment on scenarios where a 
trip involves the loading of agricultural commodities at multiple 
sources and the meaning of the term ``source'' in connection with the 
loading of certain commodities. Finally, the Agency requested comment 
on what segments of the industry that would take advantage of the 
proposed change, how would the flexibility provided impact the need for 
electronic logging devices, and what is the population of carriers and 
drivers transporting various categories of agricultural commodities.
    In the December 20, 2017, notice the Agency proposed new regulatory 
guidance question and answer numbers 34 and 35 to 49 CFR 395.1. A copy 
of the proposed regulatory guidance is available for review in the 
docket referenced at the beginning of this notice.

Requests for Extension of the Comment Period

    On December 22, 2017, the American Trucking Associations, Inc. 
(ATA), asked that the Agency provide a 30-day extension of the comment 
period. ATA expressed concern that end-of-year tasks and holiday 
periods might make it difficult for many interested parties to prepare 
comments by the original January 19 deadline. A copy of the ATA request 
is in the docket identified at the beginning of this notice. Similar 
requests were subsequently submitted by other organizations.
    FMCSA acknowledges the concerns of ATA and others. After reviewing 
the requests, FMCSA hereby grants a 30-day extension of the comment 
period to February 20, 2018, to provide all interested parties 
additional time to respond to the notice of proposed regulatory 
guidance.

    Issued on: January 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00847 Filed 1-18-18; 8:45 am]
 BILLING CODE 4910-EX-P