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
BILLING CODE 4910–EX–P