[Federal Register Volume 85, Number 4 (Tuesday, January 7, 2020)]
[Notices]
[Pages 706-707]
[FR Doc No: 2020-00015]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC19-142-000.
    Applicants: Energy Center Dover LLC, DB Energy Assets, LLC.
    Description: Response to December 4, 2019 Deficiency Letter of DB
Energy Assets, LLC.
    Filed Date: 12/27/19.
    Accession Number: 20191227-5115.
    Comments Due: 5 p.m. ET 1/17/20.

    Docket Numbers: EC20-28-000.
    Applicants: Polaris Wind Energy LLC, DTE Electric Company.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Polaris Wind Energy LLC, et al.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5256.
    Comments Due: 5 p.m. ET 1/20/20.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2010-006.
    Applicants: PPL Electric Utilities Corporation.
    Description: Triennial Market-Based Rate Update of PPL Electric
Utilities Corporation.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5007.
    Comments Due: 5 p.m. ET 3/2/20.

    Docket Numbers: ER13-434-006; ER13-2100-004; ER13-2109-008; ER16-
1750-005; ER16-2601-003; ER17-1604-002; ER17-2292-003; ER17-2381-002;
ER19-1656-002.
    Applicants: Dominion Energy Generation Marketing, Inc., Dominion
Energy Nuclear Connecticut, Inc., Fowler Ridge Wind Farm LLC, Virginia
Electric and Power Company, Eastern Shore Solar LLC, Summit Farms
Solar, LLC, Southampton Solar LLC, Scott-II Solar LLC, Wilkinson Solar
LLC.
    Description: Updated Market Power Analysis for the Northeast Region
of the Dominion Energy, Inc. subsidiaries.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5259.
    Comments Due: 5 p.m. ET 2/28/20.

    Docket Numbers: ER17-2059-004; ER10-3097-009.
    Applicants: Puget Sound Energy, Inc., Bruce Power Inc.
    Description: Supplement to July 1, 2019 Updated Market Power
Analysis in the Northwest Region for Puget Sound Energy, Inc., et al.
    Filed Date: 12/19/19.
    Accession Number: 20191219-5142.
    Comments Due: 5 p.m. ET 1/9/20.

    Docket Numbers: ER18-2487-001.
    Applicants: Rail Splitter Wind Farm, LLC.
    Description: Report Filing: Notice of Effective Date to be
effective N/A.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5066.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER19-585-001.
    Applicants: Quilt Block Wind Farm LLC.
    Description: Report Filing: Notice of Effective Date to be
effective N/A.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5064.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER19-708-002.
    Applicants: GSG, LLC.
    Description: Compliance filing: Compliance Filing Under Docket
ER19-708-002 to be effective 2/26/2019.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5104.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-714-000.
    Applicants: Whitetail Solar 1, LLC.
    Description: Baseline eTariff Filing: Reactive Power Compensation
Baseline to be effective 2/29/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5047.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-715-000.
    Applicants: Central Hudson Gas & Electric Corporation, New York
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 205: Central Hudson Highway
Facilities Charge Hurley Ave System to be effective 3/2/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5055.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-716-000.
    Applicants: LS Power Grid New York Corporation I, New York
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 205: LS Power Grid New York
Corporation I Transmission Formula Rate to be effective 3/2/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5060.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-717-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to OATT, Sch. 12-
Appendices re: 2020 RTEP Annual Cost Allocations to be effective 1/1/
2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5069.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-718-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2019-12-31_SA 3410 AIC-SIPC
Exclusive As-Available Service Agreement to be effective 3/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5073.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-719-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA, SA No. 5552;
Queue No. AE1-013 to be effective 12/10/2019.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5267.
    Comments Due: 5 p.m. ET 1/20/20.

    Docket Numbers: ER20-720-000.
    Applicants: Plum Creek Wind, LLC.
    Description: Baseline eTariff Filing: Application for MBR Authority
to be effective 3/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5090.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-721-000.
    Applicants: Willow Creek Wind Power LLC.
    Description: Baseline eTariff Filing: Application for MBR Authority
to be effective 3/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5093.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-722-000.
    Applicants: Baconton Power LLC.
    Description: Sec.  205(d) Rate Filing: Baconton Power LLC Revised
MBR Tariff to be effective 12/21/2019.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5106.
    Comments Due: 5 p.m. ET 1/21/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 31, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-00015 Filed 1-6-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 24, 2006 (Volume 71, Number 141)]
[Notices]
[Page 41800-41802]
[DOCID:fr24jy06-78]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2006-0270; FRL-8201-3]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Contribution of Household Activities to the Health of
Urban Ecosystems; EPA ICR No. 2223.01, OMB Control No. 2080-NEW

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request for a new Information Collection Request (ICR) to the
Office of Management and Budget (OMB). Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before September 22, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
ORD-2006-0270 by one of the following methods:
      http://www.regulations.gov: Follow the online

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Office of Research and Development Docket,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
     Hand Delivery: Headquarters, Office of Research and
Development.
     Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2006-0270. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Anita Morzillo, Office of Research and
Development, Environmental Protection Agency, 200 SW 35th St.,
Corvallis, or 97333; telephone number:<PHONE_NUMBER>; fax number: 541-
754-4299; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-ORD-2006-0270, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Office of Research and

Development Docket in the EPA Docket Center (EPA/DC), EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Office of Research and
Development Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft collection of

information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are
residents living within: (1) The southwestern quadrant of Bakersfield,
and (2) portions of Thousand Oaks, Agoura Hills, Calabasas, and
Westlake Village, California.
    Title: Contribution of household activities to the health of urban
ecosystems.
    ICR numbers: EPA ICR No. 2223.01, OMB Control No. 2080-NEW.
    ICR status: This ICR is for a new information collection activity.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: As part of the EPA's Sustainability Initiative, this
research focuses on maintaining healthy urban ecosystems for both
people and other species. The goal is to better understand whether
people recognize how household activities affect the surrounding
environment, most notably the wildlife that is dependent on these
systems, and whether people are likely to change their behaviors once
they learn about household-environment linkages. The specific topic of
interest is household rodenticide use, and resident awareness of how
inexpert use of rodenticides may result in mortality of non-target
species. The two study areas are (1) the southwestern quadrant of
Bakersfield, and (2) portions of Thousand Oaks, Agoura Hills,
Calabasas, and Westlake Village, California. The most effective way to
gather detailed information about household rodenticide use is to
directly ask residents within the locations of interest. A voluntary
mail survey will be used, and all respondent identities and individual
responses will remain confidential to the extent allowed by law. This
information will provide the

EPA with a better understanding about how people relate to their
personal impacts on the environment, and will lead to improved
communication between members of the general public, environmental
regulators, and resource managers. The end result will be more
effective and appropriately targeted environmental regulation.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.33
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: July 13, 2006.
Jennifer Ormezavaleta,
Acting Director, Western Ecology Division, National Health and
Environmental Effects Research Laboratory, Office of Research and
Development.
[FR Doc. E6-11703 Filed 7-21-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Proposed Rules]
[Pages 60360-60362]
[FR Doc No: 2017-27310]

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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

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

ACTION: Notice of proposed regulatory guidance; request for public
comment.

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SUMMARY: FMCSA announces regulatory guidance to clarify the
applicability of the ``Agricultural commodity'' exception to the
``Hours of Service of Drivers'' regulations, and requests public
comments. This regulatory guidance is being proposed to ensure
consistent understanding and application of the exception by motor
carriers and State officials enforcing hours of service rules identical
to or compatible with FMCSA's requirements.

DATES: Comments must be received on or before January 19, 2018. This
guidance would expire no later than 5 years after it is finalized.

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:<PHONE_NUMBER>.
    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<PHONE_NUMBER>, 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 http://www.regulations.gov,
put the 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. Legal Basis

    The National Highway System Designation Act of 1995, Public Law
104-59, 345, 109 Stat. 568. 613 (Nov. 28, 1995), provided the initial
exception for drivers transporting agricultural commodities or farm
supplies for agricultural purposes. This Act limited the exception to a
100 air-mile radius from the source of the commodities or distribution
point for the farm supplies

and during the planting and harvesting seasons as determined by the
applicable State.
    In enacting the Safe, Accountable, Flexible, Efficient
Transportation Act: A Legacy for Users (SAFETEA-LU), Congress revised
this provision, enacted it to be new section 229 of Title II of the
Motor Carrier Safety Improvement Act of 1999, and defined the terms
``agricultural commodity'' and ``farm supplies for agricultural
purposes.'' Public Law 109-59, Sec. Sec.  4115 and 4130, 119 Stat.
1144, 1726, 1743 (Aug. 10, 2005). These terms are now defined in 49 CFR
395.2.
    Most recently, the statute was amended by section 32101(d) of the
Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law
112-141, 126 Stat. 405, 778 (July 6, 2012). This provision revised the
description of the exception's scope and extended the applicable
distance from 100 air-miles to 150 air-miles from the source.

III. Background

    The focus of today's guidance is limited to the transportation of
agricultural commodities, 49 CFR 395.1(k)(1). It does not address
``farm supplies for agricultural purposes'' under 49 CFR 395.1(k)(2) or
(3) given that the applicable range under these latter two provisions
is specifically addressed. While the regulatory provision governing the
agricultural commodity exception (49 CFR 395.1(k)(1)) closely tracks
the statutory provisions discussed above, the language is susceptible
to multiple interpretations, and the Agency acknowledges that various
stakeholders and enforcement officials in different States have
expressed inconsistent understandings of the exception from time to
time.
    This proposed regulatory guidance would clarify the exception with
regard to: (1) Drivers operating unladen vehicles traveling either to
pick up an agricultural commodity, as defined in 49 CFR 395.2, or
returning from a delivery point; and (2) drivers engaged in trips
beyond 150 air-miles from the source of the agricultural commodity. In
addition, the Agency seeks public comment on (1) whether grain
elevators and/or livestock sale barns should be considered a ``source''
of agricultural commodities under section 395.1(k)(1); and (2) how the
exception should apply when agricultural commodities are loaded at
multiple sources during a trip.
    FMCSA's final rule ``Electronic Logging Devices and Hours of
Service Supporting Documents'' (80 FR 78292; December 16, 2015), will
require most drivers who use paper logs to document their hours of
service to switch to electronic logging devices. That rule did not
alter the hours of service rules or the agricultural commodity
exception. However, FMCSA has received questions from regulated motor
carriers about the agricultural commodity exception and application of
the hours of service rules due to the practical ramifications of that
rule, and the approaching December 18, 2017 compliance date. Specific
scenarios are addressed further below.

IV. Reason for This Notice of Regulatory Guidance

    Today's proposed regulatory guidance would provide 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 commodity or on a return trip following
the delivery of an agricultural commodity; and (2) application of the
agricultural commodity exception to trips involving transportation of
the commodity more than 150 air-miles from its source. In addition, the
Agency seeks comment on (1) whether grain elevators and/or livestock
sale barns should be considered a ``source'' of agricultural
commodities under section 395.1(k)(1); and (2) scenarios where a trip
involves the loading of agricultural commodities at multiple sources.
    Unladen vehicles: Interpreted literally, the agricultural commodity
exception could be read as applicable only during the period during
which the commodity is being transported, and not extended to movements
of an unladen vehicle either heading to pick up a load or returning
after a delivery. However, the Agency does not consider that view as
consistent with legislative intent of providing round-trip relief to
farmers, and has therefore informally advised stakeholders that both
legs of a trip are covered. In today's proposed guidance (Question 34),
FMCSA seeks to clarify how the agricultural commodity exception applies
to a driver operating an unladen commercial motor vehicle used in
transportation either to a source to pick up an agricultural commodity
or on a return trip following delivery of an agricultural commodity.
    Loads beyond a 150 air-mile radius: The Agency recognizes that some
motor carrier safety enforcement personnel and other stakeholders have
interpreted the agricultural commodity exception as inapplicable to any
portion of a trip if the destination exceeds 150 air-miles from the
source. Under that reading, the word ``location'' in section
395.1(k)(1) is interpreted as reflecting only the final destination of
the load. FMCSA notes that the statutory language, as amended,\1\ and
the implementing regulation \2\ are ambiguous, however, and considers
this strict interpretation too narrow. In today's regulatory guidance
(Question 35), the Agency proposes to clarify that ``location'' means
the outer limit of the exception distance, i.e., 150 air-miles from the
source. Thus, the Agency would interpret the exception as available to
a driver transporting agricultural commodities for a distance up to 150
air-miles from the source, regardless of the distance between the
source and final destination or place of delivery. Once a driver
crosses the 150 air-mile point, however, the driver would be subject to
the hours of service rules for the remainder of the trip.
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    \1\ SEE MAP-21, Public Law 112-141, 32101(d), 126 Stat. 778
(July 6, 2012). . . .
    \2\ SEE 49 CFR 395.1(k)(1). The term ``agricultural commodity''
is defined in 49 CFR 395.2.
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    Meaning of ``sources,'' and multiple sources: Several agricultural
transporters have requested guidance on the extent to which grain
elevators and/or livestock sale barns should be considered a ``source''
of agricultural commodities under section 395.1(k)(1). While these
facilities are originating points for many agricultural commodity
loads, they are not expressly encompassed within the statutory or
regulatory terminology of the exception. Many of these transporters
have also asked how the agricultural commodity exception would apply if
the driver were to pick up partial loads at two or more locations.
Specifically, they asked whether a pick-up at a subsequent source has
the effect of extending the 150 air-mile radius, i.e., restarting the
calculation of the 150 air-mile distance. Previous informal guidance
has been that the 150 air-mile radius is based on the first source of
an agricultural commodity on a particular trip, and that additional
stops to load additional agricultural commodities do not extend the
150-mile radius. The Agency invites public comment on this
interpretation, however, and on how additional sources might affect the
exception under 49 CFR 395.1(k)(1).

V. Regulatory Guidance

    FMCSA proposes Regulatory Guidance, Questions 34 and 35 to 49 CFR
395.1 as follows:

PART 395--HOURS OF SERVICE OF DRIVERS

Section 395.1  Scope of the rules in this part

    Question 34: Does the agricultural commodity exception (Sec.
395.1(k)(1)) apply to drivers while driving unloaded to a source where
an agricultural commodity will be loaded, and to an unloaded return
trip after delivering an agricultural commodity under the exception?
    Guidance: Yes, provided that the trip does not involve transporting
other cargo and the sole purpose of the trip is to complete the
delivery or pick up of agricultural commodities, as defined in Sec.
395.2. In that case, driving and on-duty time are not limited, nor do
other requirements of 49 CFR part 395 apply.
    Question 35: Does the agricultural commodity exception (Sec.
395.1(k)(1)) apply if the destination for the commodity is beyond the
150 air-mile radius from the source?
    Guidance: The exception applies to transportation during the
initial 150 air-miles from the source of the commodity. Once a driver
operates beyond the 150 air-mile radius of the source, part 395
applies. Starting at zero from that point, the driver must then begin
recording his or her duty time, and the limits under the 11-hour, 14-
hour, and the 60-/70-hour rules apply. Once the hours of service rules
begin to apply on a given trip, they continue to apply for the duration
of that trip, until the driver crosses back into the area within 150
air-miles of the original source of the commodities and is returning to
that source. If the driver is not returning to the original source, the
HOS rules continue to apply, even if the driver reenters the 150-mile
radius.

VI. Expiration Date for the Proposed Regulatory Guidance

    In accordance with section 5203(a)(2)(A) and (a)(3) of the Fixing
America's Surface Transportation (FAST) Act, Public Law 114-94, 129
Stat. 1312, 1535 (Dec. 4, 2015), the proposed regulatory guidance will
be posted on FMCSA's website, www.fmcsa.dot.gov, if finalized. It would
be reviewed by the Agency no later than five years after it is
finalized. The Agency would consider at that time whether the guidance
should be withdrawn, reissued for another period up to five years, or
incorporated into the safety regulations.

VII. Request for Comments

    Refer to the ADDRESSES section above for instructions on submitting
comments to the public docket concerning this regulatory guidance. The
FMCSA will consider comments received by the closing date of the
comment period to determine whether any further clarification of these
regulatory provisions is necessary. In addition to comments concerning
the proposed regulatory guidance above, including the issue of
``sources'' of agricultural commodities, as outlined above, the Agency
is seeking information on the following:
    1. Are there particular segments of the industry that would take
advantage of this change more than others?
    2. How does the flexibility provided in this guidance impact a
carrier's need for an electronic logging device?
    3. How many carriers and drivers are there transporting
agricultural commodities in various segments (livestock, unprocessed
food, others) that are impacted by this guidance?

    Issued on: December 13, 2017.
Cathy F. Gautreaux,
 Deputy Administrator.
[FR Doc. 2017-27310 Filed 12-19-17; 8:45 am]
 BILLING CODE 4910-EX-P