
[Federal Register Volume 76, Number 127 (Friday, July 1, 2011)]
[Proposed Rules]
[Pages 38597-38598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16548]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 390

[Docket No. FMCSA-2011-0146]


Regulatory Guidance: Applicability of the Federal Motor Carrier 
Safety Regulations to Operators of Certain Farm Vehicles and Off-Road 
Agricultural Equipment

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

ACTION: Notice; extension of public comment period.

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SUMMARY: FMCSA extends the public comment period for its May 31, 2011, 
notice concerning regulatory guidance on the applicability of the 
Federal Motor Carrier Safety Regulations to operators of certain farm 
vehicles and off-road agricultural equipment. The public comment period 
is extended from June 30, 2011, to August 1, 2011.

DATES: Comments on the notice must be received on or before August 1, 
2011.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2011-0146 by any of the following 
methods
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal Holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the ``Public 
Participation'' heading below. 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.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 
the ground floor, room W12-140, DOT Building, 1200 New Jersey Avenue, 
SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through 
Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
Privacy Act System of Records Notice for the DOT Federal Docket 
Management System published in the Federal Register on January 17, 2008 
(73 FR 3316) or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
    Public Participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can 
obtain electronic submission and retrieval help and guidelines under 
the ``help'' section of the http://www.regulations.gov Web site and 
also at the DOT's http://docketsinfo.dot.gov Web site. If you want us 
to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and

[[Page 38598]]

Operations, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Ave., SE., Washington, DC 20590.
    E-mail: MCPSD@dot.gov. Phone (202) 366-4325.

SUPPLEMENTARY INFORMATION: 

Background

    On May 31, 2011 (76 FR 31279), FMCSA published a notice requesting 
public comment on: (1) Previously published regulatory guidance on the 
distinction between interstate and intrastate commerce in deciding 
whether operations of commercial motor vehicles within the boundaries 
of a single State are subject to the Federal Motor Carrier Safety 
Regulations; (2) proposed guidance on the relevance of the distinction 
between direct and indirect compensation in deciding whether farm 
vehicle drivers transporting agricultural commodities, farm supplies 
and equipment as part of a crop share agreement are subject to the 
commercial driver's license regulations; and, (3) proposed guidance to 
determine whether off-road farm equipment or implements of husbandry 
operated on public roads for limited distances are considered 
commercial motor vehicles. The Agency indicated the guidance would be 
used to help ensure uniform application of the safety regulations by 
enforcement personnel, motor carriers and commercial motor vehicle 
drivers.
    Since the publication of the notice, the Agency has received a 
letter signed by 18 U.S. Senators and numerous requests from the 
agricultural industry to extend the comment period. The Senators and 
industry acknowledged the importance of the issues covered by the 
notice and requested additional time to provide farmers, many of whom 
have planting and harvesting responsibilities during this time of the 
year, additional time to review the notice and consider the likely 
impacts of the guidance on their operations. Copies of the requests for 
an extension of the comment period are included in the docket 
referenced at the beginning of this notice.
    The FMCSA acknowledges the concerns of the U.S. Senators and 
farmers and extends the public comment period from June 30, 2011 to 
August 1, 2011. The Agency will consider all comments received by close 
of business on August 1, 2011. Comments will be available for 
examination in the docket at the location listed under the Addresses 
section of this notice. The Agency will consider to the extent 
practicable comments received in the public docket after the closing 
date of the comment period.

    Issued on: June 27, 2011.
William Bronrott,
Deputy Administrator.
[FR Doc. 2011-16548 Filed 6-30-11; 8:45 am]
BILLING CODE 4910-EX-P


