Hours of Service of Drivers of Commercial Motor Vehicles; Proposed Regulatory Guidance Concerning the Transportation of Agricultural Commodities; Extension of Comment Period, 2765-2766 [2018-00847]

Download as PDF Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Proposed Rules Cemeteries, Claims, Courts, Crime, Flags, Freedom of information, Government contracts, Government employees, Government property, Infants and children, Inventions and patents, Parking, Penalties, Privacy, Reporting and recordkeeping requirements, Seals and insignia, Security measures, Wages. Dated: January 12, 2018. Janet Coleman, Chief, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. For the reasons set out in the preamble, Department of Veterans Affairs proposes to amend 38 CFR part 1 as follows: PART 1—GENERAL PROVISIONS 1. The authority citation for part 1 continues to read as follows: ■ Authority: 38 U.S.C. 501, and as noted in specific sections. 2. Amend § 1.460 by adding, in alphabetical order, definitions for ‘‘health information exchange’’ and ‘‘health information exchange community partner.’’ ■ § 1.460 Definitions. daltland on DSKBBV9HB2PROD with PROPOSALS * * * * * Health information exchange. The term ‘‘health information exchange’’ means the electronic transfer of health information among health care professionals, health plans, governmental agencies providing benefits, and other persons and entities according to nationally recognized standards that allow the participants to appropriately access and securely share patients’ vital medical information to improve the quality, safety, and efficiency of health care delivery. Health information exchange community partner. The term ‘‘health information exchange community partner’’ means a health care provider, health plan, governmental agency providing benefits, or other person or entity with whom VA shares patients’ vital medical information according to nationally recognized standards. * * * * * ■ 3. Amend § 1.475 by redesignating paragraph (d) as paragraph (e), adding a new paragraph (d) and revising newly redesignated paragraph (e) to read as follows: § 1.475 Form of written consent. * * * * * (d) Establishing written consent. A written consent authorizing the disclosure may be demonstrated by: (1) A written consent meeting the criteria set forth in paragraph (a) of this VerDate Sep<11>2014 16:20 Jan 18, 2018 Jkt 244001 section that is presented to VA in physical form; or (2) A written attestation by a health information exchange community partner that the patient submitted legally sufficient consent meeting the criteria set forth in paragraph (a), provided that: (i) Within 10 business days of the health information exchange community partner’s attestation, the partner either makes the written consent form available for electronic retrieval by VA or produces the written consent form to VA; or (ii) The health information exchange community partner complies with a memorandum of understanding signed by the partner and VA that outlines: (A) How the written consent will be retained in accordance with VHA Records Control Schedule (RCS) 10–1; (B) How VA can request the consent form from the partner; and (C) How the partner can send the consent form to VA. (e) Required Form. It is not necessary to use any particular form to establish a consent referred to in paragraph (a) of this section, however, VA Form 10– 5345, titled Request for and Authorization to Release Medical Records or Health Information, complies with all applicable legal requirements and may be used for such purpose. [FR Doc. 2018–00758 Filed 1–18–18; 8:45 am] BILLING CODE 8320–01–P 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 Federal Motor Carrier Safety Administration (FMCSA), DOT ACTION: Proposed regulatory guidance; extension of comment period. AGENCY: 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 30day extension of the comment period. SUMMARY: PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 2765 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: https:// 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 https://www.regulations.gov, put the E:\FR\FM\19JAP1.SGM 19JAP1 2766 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Proposed Rules 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 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, 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 daltland on DSKBBV9HB2PROD with PROPOSALS To view comments, go to https:// 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. VerDate Sep<11>2014 16:20 Jan 18, 2018 Jkt 244001 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. 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. 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 Requests for Extension of the Comment Period PO 00000 Frm 00020 Fmt 4702 Sfmt 9990 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 E:\FR\FM\19JAP1.SGM 19JAP1

Agencies

[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.

-----------------------------------------------------------------------

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: https://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 
[email protected].

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 https://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 https://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
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