Department of Transportation January 19, 2018 – Federal Register Recent Federal Regulation Documents

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.

Executive Order 12862 directs Federal agencies to provide service to the public that matches or exceeds the best service available in the private sector. These principles were reaffirmed in Executive Order 13571. In order to work continuously to ensure that our programs are effective and meet our customers' needs, the Federal Motor Carrier Safety Administration (FMCSA) seeks to obtain OMB approval of a currently approved generic clearance to continue collecting feedback on our service delivery. By feedback we mean information that provides useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study.

FMCSA grants a limited 90-day waiver from the Federal hours- of-service (HOS) regulations pertaining to electronic logging devices (ELDs) for Old Dominion Freight Lines, Inc. (Old Dominion) and other motor carriers in similar situations due to issues concerning the integration of PeopleNet's ELD software into fleet management systems. The Agency has initiated this action in response to a waiver request from Old Dominion.

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on November 3, 2017 (82 FR 51331). The FAA Modernization and Reform Act of 2012 mandates that all helicopter air ambulance operators must begin reporting the number of flights and hours flown, along with other specified information, during which helicopters operated by the certificate holder are providing helicopter air ambulance services. The helicopter air ambulance operational data provided to the FAA is used by the agency as background information useful in the development of risk mitigation strategies to reduce the helicopter air ambulance accident rate, and to meet the mandates set by Congress. In response to the November 3, 2017 notice and request for comments, the FAA received two comments. One comment from an individual and one comment from the Air Medical Operators Association (AMOA). The individual commented that the hourly burden per average response estimate has increased since the last notice was published on July 29, 2014 (79 FR 44083) and asked for the reason for the change in estimated burden. In response, the FAA clarifies that none of the requirements have changed, but operator data have changed. The overall number of operators has decreased. Additionally, the number of large operators (to which we attribute a higher hourly burden) has increased and the number of small operators (to which we attribute a lower hourly burden) has decreased. Therefore, in the aggregate, the average hourly burden increased from six (6) hours to eleven (11) hours per operator. The AMOA commented that they strongly supported the intent of the data collection requirement, but also noted that the original collection requirement should have been the subject of notice and comment rulemaking. The FAA notes, as indicated in the August 12, 2013 Requests for Comments; Clearance of a New Approval of Information Collection: Helicopter Air Ambulance Operator Reports (78 FR 48925), that prior to issuance of the first information collection notice, representatives from the Flight Standards Service, Office of Accident Investigation and Prevention, and the Office of the Chief Counsel met with representatives from AMOA to discuss the FAA's approach to this data collection. Meetings were held on October 15, 2012 and May 17, 2013. On June 28, 2013 AMOA submitted a response to the FAA discussing its view of the method to collect the data being pursued by the FAA. A copy of that letter was placed in the docket (FAA-2013-0684) and was considered by the agency. AMOA also commented that the FAA has underestimated the hourly burden for both large and small operators. Although AMOA did not provide any specific data to support its comment, in response the FAA has increased the estimates of hourly burden for both large and small operators in this notice and request for comments. AMOA also requested information from the FAA's Office of Accident Investigation and Prevention and commented on the FAA's implementation of certain provisions of the FAA Modernization and Reform Act of 2012, which are both beyond the scope of this clearance of a renewed approval of information collection.

This notice announces actions taken by the FHWA that are final pursuant to the statute. The actions relate to a proposed highway project, Toll Locations 1 and 2 in the Towns of Hopkinton, Richmond, and Exeter in the State of Rhode Island, FHWA Project Number T0LL002, Rhode Island Department of Transportation (RIDOT) Contract Number 2017- OT-002.