82 FR 60320 - Final Supplementary Rules for Guffey Gorge in Park County, Colorado
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 82, Issue 243 (December 20, 2017)
Bureau of Land Management
Federal Register Volume 82, Issue 243 (December 20, 2017)
| Page Range | 60320-60323 | |
| FR Document | 2017-27413 |
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)] [Rules and Regulations] [Pages 60320-60323] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27413] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 8360 [LLCOF02000.L12200000.DU0000-17X] Final Supplementary Rules for Guffey Gorge in Park County, Colorado AGENCY: Bureau of Land Management, Interior. ACTION: Final supplementary rules. ----------------------------------------------------------------------- SUMMARY: The Bureau of Land Management (BLM) Royal Gorge Field Office is implementing supplementary rules to regulate certain activities on public lands within Guffey Gorge in Park County, Colorado. These supplementary rules are necessary to implement decisions found in the Guffey Gorge Management Plan approved on June 29, 2015, to provide for the protection of persons, property, and public lands and resources located within the 80-acre site. These supplementary rules will result in changes to some currently authorized activities related to the possession or use of alcohol, amplified music, vehicle parking, and visitors with dogs. DATES: These supplementary rules are effective January 19, 2018. ADDRESSES: You may send inquiries by mail or hand delivery to Linda Skinner, Outdoor Recreation Planner, BLM Royal Gorge Field Office, 3028 E. Main Street, [[Page 60321]] Ca[ntilde]on City, CO 81212. You may also send inquiries via email to [email protected] (include ``Final Supplementary Rules-Guffey Gorge'' in the subject line). FOR FURTHER INFORMATION CONTACT: Linda Skinner, Outdoor Recreation Planner; see address in the ADDRESSES section of this notice; telephone (719) 269-8732. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800-877-8339 to contact Linda Skinner during normal business hours. The Service is available 24 hours a day, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: I. Background Guffey Gorge is an 80 acre tract of public land in Park County, Colorado. It is surrounded by private land with Park County Road 102 providing legal public access. Until ten years ago, recreational use of this area was light, and the area was used primarily by local residents for picnicking, hiking, and swimming. Recreational use of the area has increased significantly over the past five years, resulting in resource damage, user conflicts, and safety hazards for visitors and surrounding private landowners. In 2013, the BLM began the public process for developing a management plan for the 80 acre parcel to manage the increasing visitor use and associated issues. This process included presentations and site tours with the Rocky Mountain (formerly Front Range) Resource Advisory Council (RAC) and collaboration with stakeholders and concerned citizens. On August 11, 2014, the BLM initiated a 30-day public scoping period. Based on feedback received during this process, the BLM developed a proposed action and released a preliminary Environmental Assessment (EA) for a 30-day public review on November 20, 2014. The BLM incorporated comments into the Final EA and corresponding Decision Record, signed on June 29, 2015. II. Discussion of Public Comments and the Final Supplementary Rules The proposed supplementary rules were published in the Federal Register on June 1, 2016 (81 FR 35039). The BLM received three letters with comments during the 60-day comment period. One commenter supported a proposed fee; therefore, the comment was not relevant to the proposed supplementary rules. A second commenter submitted a general statement in support of controlling cars, trash, and people in Guffey Gorge. In response to this comment, the concern for controlling cars supports the rule that prohibits parking a motor vehicle outside of designated parking areas. The trash issue was addressed through the Guffey Gorge Management Plan, approved on June 29, 2015, by creating a standard amenity site with trash collection; therefore, no revision to the rules was needed. The third commenter shared a story about her negative experience at Guffey Gorge. This commenter supports a strict ban on alcohol consumption while visiting Guffey Gorge. The comment was noted as supporting the rule prohibiting the possession or consumption of alcoholic beverages. These final supplementary rules implement certain decisions from the Guffey Gorge Management Plan on lands administered by the Royal Gorge Field Office. The planning area consists of approximately 80 acres of public lands within Park County, Colorado, in the following described townships: Park County, Colorado, Sixth Principal Meridian T. 15 S., R. 71 W, Section 4: SE\1/4\SE\1/4\ Section 9: NE\1/4\NE\1/4\ These final supplementary rules are needed to address significant public safety concerns and resource protection issues resulting from increased and unsafe public use on public lands known as Guffey Gorge. The authority for these supplementary rules is set forth at section 310 of the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1740, and 43 CFR 8365.1-6. This notice, with a detailed map, will be posted at the Royal Gorge Field Office. These final supplementary rules will help the BLM achieve management objectives for the area in the following ways:Supplementary rule number one prohibits possession and consumption of alcoholic beverages. As visitation at Guffey Gorge has increased, alcohol and drug use has also increased, leading to public health and safety concerns. This supplementary rule will help reduce disruptive behavior associated with alcohol use, improve public safety, and reduce litter in the area. Supplementary rule number two prohibits visitors from parking a motor vehicle outside of designated parking areas. Visitor parking is limited at Guffey Gorge and frequently overflows onto the shoulder of Park County Road 102. Park County Road 102 is a narrow, two-lane road with limited visibility near the Guffey Gorge trailhead. Restricting parking to designated parking areas only is essential for public health and safety. Supplementary rule number three requires animals brought into the area to be on a leash and under the control of a person, or otherwise physically restricted. This rule will help reduce problems associated with unrestrained dogs observed by staff in recent years. Currently, BLM regulations only require dogs to be restrained in developed recreation sites. Guffey Gorge is not a developed site, so existing BLM regulations do not apply. This supplementary rule will help reduce conflicts between visitors; reduce conflicts between domestic animals and wildlife; and control domestic animal waste. Supplementary rule number four prohibits the operation of any device producing amplified sound, such as stereos, speakers, and public address systems. This supplementary rule will help restore opportunities for quiet recreational activities recognized as one of Guffey Gorge's attributes. III. Procedural Matters Executive Order 12866, Regulatory Planning and Review These supplementary rules are not significant regulatory actions and not subject to review by the Office of Management and Budget under Executive Order 12866. These supplementary rules will not have an annual effect of $100 million or more on the economy. They will not adversely affect in a material way the economy; productivity; competition; jobs; environment; public health or safety; or State, local or tribal governments or communities. These supplementary rules do not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. These supplementary rules do not materially alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients; nor do they raise novel legal or policy issues. These supplementary rules merely establish rules of conduct for public use of a limited area of public lands. National Environmental Policy Act During the National Environmental Policy Act (NEPA) review for the Guffey Gorge Management Plan, the BLM fully analyzed the substance of these supplementary rules in an EA, DOI-BLM-CO-200-2013-040 EA. The BLM signed the Decision Record for the EA on June 29, 2015, and found that these supplementary rules would not constitute a major Federal action [[Page 60322]] significantly affecting the quality of the human environment under Section 102(2)(C) of NEPA (42 U.S.C. 4332(2)(C)). These supplementary rules merely establish rules of conduct for public use of a limited area of public lands in order to protect natural resources and public health and safety. Although some activities will be prohibited in the area, the area will still be open to other recreation uses. A detailed statement under NEPA is not required. The BLM has placed the EA and Finding of No Significant Impact on file in the BLM Administrative Record at the address specified in the ADDRESSES section. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as amended, 5 U.S.C. 601-612, to ensure that government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. These supplementary rules will have no effect on business entities of any size. These supplementary rules merely impose reasonable restrictions on certain recreational activities on certain public lands to protect natural resources and the environment and human health and safety. Therefore, the BLM has determined under the RFA that these supplementary rules will not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act These supplementary rules are not a ``major rule'' as defined at 5 U.S.C. 804(2). These supplementary rules merely impose reasonable restrictions on certain recreational activities on certain public lands to protect natural resources and the environment and human health and safety. These supplementary rules will not: (1) Have an annual effect on the economy of $100 million or more; (2) Cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local agencies; or geographic regions; or (3) Have significant adverse effects on competition, employment, investment, productivity, or innovation; or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. Unfunded Mandates Reform Act These supplementary rules do not impose an unfunded mandate on the private sector; or State, local, or tribal governments of more than $100 million per year, nor will these supplementary rules have a significant or unique effect on State, local, or tribal governments or the private sector. These supplementary rules merely impose reasonable restrictions on certain recreational activities on certain public lands to protect natural resources and the environment and human health and safety. Therefore, the BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.). Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights (Takings) These supplementary rules do not constitute a government action capable of interfering with constitutionally protected property rights. These supplementary rules will not address property rights in any form, and will not cause the impairment of constitutionally protected property rights. Therefore, the BLM has determined that these supplementary rules will not cause a ``taking'' of private property or require further discussion of takings implications under this Executive Order. Executive Order 13132, Federalism These supplementary rules will not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, the BLM has determined that these supplementary rules will not have sufficient Federalism implications to warrant preparation of a Federalism Assessment. Executive Order 12988, Civil Justice Reform Under Executive Order 12988, the BLM Colorado State Director has determined that these supplementary rules will not unduly burden the judicial system, and that they meet the requirements of Sections 3(a) and 3(b) (2) of the Order. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, the BLM has found that these supplementary rules do not include policies that have tribal implications, and will have no bearing on trust lands or on lands for which title is held in fee status by Indian Tribes or U.S. Government- owned lands managed by the Bureau of Indian Affairs. Information Quality Act In developing these supplementary rules, the BLM did not conduct or use a study, experiment or survey requiring peer review under the Information Quality Act (Section 515 of Pub. L. 106-554). Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use These supplementary rules do not constitute a significant energy action. These supplementary rules will not have an adverse effect on energy supply, production, or consumption and have no connection with energy policy. Executive Order 13352, Facilitation of Cooperative Conservation In accordance with Executive Order 13352, the BLM has determined that these supplementary rules will not impede facilitating cooperative conservation; will take appropriate account of and consider the interests of persons with ownership or other legally recognized interests in land or other natural resources; will properly accommodate local participation in the Federal decision-making process; and will provide that the programs, projects, and activities are consistent with protecting public health and safety. Paperwork Reduction Act These supplementary rules do not contain information collection requirements that the Office of Management and Budget must approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521. Author The principal author of these final supplementary rules is Linda Skinner, Outdoor Recreation Planner, BLM, Royal Gorge Field Office. For the reasons stated in the preamble, and under the authorities for supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the BLM Colorado State Director establishes supplementary rules for approximately 80 acres of public lands in Guffey Gorge, to read as follows: [[Page 60323]] Final Supplementary Rules for Guffey Gorge Prohibited Acts Unless otherwise authorized, the following acts are prohibited on all public lands, roads, trails, and waterways administered by the BLM within the Guffey Gorge Management Area: 1. You must not possess or consume alcoholic beverages; 2. You must not park a motor vehicle outside of designated parking areas; 3. You must not bring an animal into the area, unless the animal is on a leash not longer than six feet and secured to a fixed object or under control of a person, or is otherwise physically restricted at all times; and 4. You must not operate any device producing amplified sound such as a stereo, speaker, public address system, or other similar device. Exemptions The following persons are exempt from these supplementary rules: Any Federal, State, local and/or military persons acting within the scope of their duties; members of any organized rescue or fire-fighting force in performance of an official duty; or individuals expressly authorized by the BLM. Enforcement Any person who violates any of these supplementary rules may be tried before a United States Magistrate and fined in accordance with 18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) and 43 CFR 8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State or local officials may also impose penalties for violations of Colorado law. Gregory P. Shoop, Acting BLM Colorado State Director. [FR Doc. 2017-27413 Filed 12-19-17; 8:45 am] BILLING CODE 4310-JB-P
![60320 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations
effect on the States, on the relationship Protesters are asked to contact the permission to transit the area, the COTP
between the national government and person listed in the FOR FURTHER and or designated representatives can be
the States, or on the distribution of INFORMATION CONTACT section to contacted at telephone number 410–
power and responsibilities among the coordinate protest activities so that your 576–2693 or on Marine Band Radio
various levels of government. We have message can be received without VHF–FM channel 16 (156.8 MHz). The
analyzed this rule under that Order and jeopardizing the safety or security of Coast Guard vessels enforcing this
have determined that it is consistent people, places or vessels. section can be contacted on Marine
with the fundamental federalism Band Radio VHF–FM channel 16 (156.8
principles and preemption requirements List of Subjects in 33 CFR Part 165
MHz). If permission is granted, persons
described in Executive Order 13132. Harbors, Marine safety, Navigation and vessels must comply with the
Also, this rule does not have tribal (water), Reporting and recordkeeping instructions of the COTP or designated
implications under Executive Order requirements, Security measures, representative and proceed as directed
13175, Consultation and Coordination Waterways. while within the zone.
with Indian Tribal Governments, For the reasons discussed in the (4) The U.S. Coast Guard may be
because it does not have a substantial preamble, the Coast Guard amends 33 assisted in the patrol and enforcement
direct effect on one or more Indian CFR part 165 as follows: of the safety zone by Federal, State, and
tribes, on the relationship between the local agencies.
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION (d) Enforcement period. This section
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS will be enforced from 11 p.m. on
responsibilities between the Federal December 31, 2017 through 1 a.m. on
Government and Indian tribes. If you ■ 1. The authority citation for part 165 January 1, 2018.
believe this rule has implications for continues to read as follows:
Dated: December 14, 2017.
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Michael W. Batchelder,
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
and Department of Homeland Security Commander, U.S. Coast Guard, Acting
FURTHER INFORMATION CONTACT section.
Delegation No. 0170.1. Captain of the Port Maryland-National
E. Unfunded Mandates Reform Act Capital Region.
■ 2. Add § 165.T05–0994 to read as
The Unfunded Mandates Reform Act [FR Doc. 2017–27381 Filed 12–19–17; 8:45 am]
follows:
of 1995 (2 U.S.C. 1531–1538) requires BILLING CODE 9110–04–P
Federal agencies to assess the effects of § 165.T05–0994 Safety Zone; Spa Creek,
their discretionary regulatory actions. In Annapolis, MD.
particular, the Act addresses actions (a) Definitions. As used in this DEPARTMENT OF THE INTERIOR
that may result in the expenditure by a section:
State, local, or tribal government, in the Captain of the Port means the Bureau of Land Management
aggregate, or by the private sector of Commander, U.S. Coast Guard Sector
$100,000,000 (adjusted for inflation) or Maryland-National Capital Region. 43 CFR Part 8360
more in any one year. Though this rule Designated representative means any [LLCOF02000.L12200000.DU0000–17X]
will not result in such an expenditure, Coast Guard commissioned, warrant, or
we do discuss the effects of this rule petty officer who has been authorized Final Supplementary Rules for Guffey
elsewhere in this preamble. by the Captain of the Port Maryland- Gorge in Park County, Colorado
National Capital Region to assist in
F. Environment enforcing the safety zone described in AGENCY: Bureau of Land Management,
We have analyzed this rule under paragraph (b) of this section. Interior.
Department of Homeland Security (b) Location. The following area is a ACTION: Final supplementary rules.
Management Directive 023–01 and safety zone: All navigable waters of Spa
Creek, within 133 yards of a fireworks SUMMARY: The Bureau of Land
Commandant Instruction M16475.lD,
barge in approximate position latitude Management (BLM) Royal Gorge Field
which guide the Coast Guard in
38°58′33.01″ N, longitude 076°28′58.00″ Office is implementing supplementary
complying with the National
W, located at Annapolis, MD. All rules to regulate certain activities on
Environmental Policy Act of 1969 (42
coordinates refer to North American public lands within Guffey Gorge in
U.S.C. 4321–4370f), and have
Datum 83 (NAD 1983). Park County, Colorado. These
determined that this action is one of a
(c) Regulations. The general safety supplementary rules are necessary to
category of actions that do not
zone regulations found in subpart C of implement decisions found in the
individually or cumulatively have a
this part apply to the safety zone created Guffey Gorge Management Plan
significant effect on the human
by this section. approved on June 29, 2015, to provide
environment. This rule involves a safety
(1) All persons are required to comply for the protection of persons, property,
zone lasting less than two hours that
with the general regulations governing and public lands and resources located
would prohibit entry within 133 yards
safety zones found in § 165.23. within the 80-acre site. These
of a fireworks barge. It is categorically
(2) Entry into or remaining in this supplementary rules will result in
excluded from further review under
zone is prohibited unless authorized by changes to some currently authorized
paragraph 34(g) of Figure 2–1 of the
the Captain of the Port (COTP) or activities related to the possession or
Commandant Instruction. A Record of
designated representative. All vessels use of alcohol, amplified music, vehicle
Environmental Consideration
parking, and visitors with dogs.
ethrower on DSK3G9T082PROD with RULES
supporting this determination is underway within this safety zone at the
available in the docket where indicated time it is implemented are to depart the DATES: These supplementary rules are
under ADDRESSES. zone. effective January 19, 2018.
(3) Persons desiring to transit the area ADDRESSES: You may send inquiries by
G. Protest Activities of the safety zone must first obtain mail or hand delivery to Linda Skinner,
The Coast Guard respects the First authorization from the COTP or Outdoor Recreation Planner, BLM Royal
Amendment rights of protesters. designated representative. To request Gorge Field Office, 3028 E. Main Street,
VerDate Sep<11>2014 16:19 Dec 19, 2017 Jkt 244001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\20DER1.SGM 20DER1](https://thefederalregister.org/doc/82_FR_60563/page/1.svg)
![Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations 60323
Final Supplementary Rules for Guffey SUMMARY: FMCSA grants a limited 90- The Administrator of FMCSA has
Gorge day waiver from the Federal hours-of- been delegated authority under 49 CFR
Prohibited Acts service (HOS) regulations pertaining to 1.87(e) to carry out the functions vested
electronic logging devices (ELDs) for the in the Secretary by 49 U.S.C. chapter
Unless otherwise authorized, the transportation of agricultural 311, subchapters I and III, relating to
following acts are prohibited on all commodities as defined in the Federal commercial motor vehicle programs and
public lands, roads, trails, and Motor Carrier Safety Regulations safety regulation.
waterways administered by the BLM (FMCSRs). The Agency takes this action
within the Guffey Gorge Management Background
in response to a waiver request from the
Area: National Pork Producers Council The FMCSA received an application
1. You must not possess or consume (NPPC) on behalf of eight organizations for an exemption and waiver from the
alcoholic beverages; representing transporters of livestock NPPC on behalf of eight organizations
2. You must not park a motor vehicle and other agricultural commodities, as that represent transporters of livestock
outside of designated parking areas; defined in the FMCSRs. The Agency has and other agricultural commodities.
3. You must not bring an animal into determined that the waiver is in the Notice of the request for exemption from
the area, unless the animal is on a leash public interest and would likely achieve the requirement that a motor carrier
not longer than six feet and secured to a level of safety that is equivalent to, or require each of its drivers to use an
a fixed object or under control of a greater than, the level that would be electronic logging device (ELD) no later
person, or is otherwise physically achieved absent such exemption, based than December 18, 2017, to record the
restricted at all times; and on the terms and conditions imposed. driver’s hours-of-service (HOS), was
4. You must not operate any device The waiver will also through notice and published in the Federal Register on
producing amplified sound such as a public comment, provide FMCSA with October 31, 2017 (82 FR 50358).
stereo, speaker, public address system, time to consider certain exemption Comments to that document were due
or other similar device. applications from segments of the by November 30, 2017
agricultural industry concerning the use (www.regulations.gov, Docket FMCSA–
Exemptions 2017–0297).
of ELDs to document drivers’ hours of
The following persons are exempt service and clarify applicability of the The NPPC focused on the impact of
from these supplementary rules: Any requirements and the need for certain the ELD requirement on its members,
Federal, State, local and/or military carriers to begin using ELDs by the given unique aspects of its industry,
persons acting within the scope of their December 18, 2017, deadline. including ‘‘exposed incompatibilities
duties; members of any organized rescue DATES: This waiver is applicable
between the HOS rules and the . . .
or fire-fighting force in performance of beginning December 18, 2017, and industry . . . causing disruption . . .
an official duty; or individuals expressly expires on March 18, 2018. and endangering the health and welfare
authorized by the BLM. of . . . animals transported . . .’’
FOR FURTHER INFORMATION CONTACT:
FMCSA has also received from the
Enforcement Thomas L. Yager, Chief, Driver and Agricultural Retailers Association
Carrier Operations Division, Office of (ARA) an exemption, waiver, and
Any person who violates any of these
Bus and Truck Standards and petition document dated October 25,
supplementary rules may be tried before
Operations, Federal Motor Carrier Safety 2017, requesting that transporters of
a United States Magistrate and fined in
Administration, 1200 New Jersey Ave. agricultural commodities and farm
accordance with 18 U.S.C. 3571,
SE, Washington, DC 20590. Email: supplies not be required to use ELDs
imprisoned no more than 12 months
MCPSD@dot.gov. Phone: (614) 942– during an exemption period. That
under 43 U.S.C. 1733(a) and 43 CFR
6477. exemption request has not yet been
8360.0–7, or both. In accordance with
43 CFR 8365.1–7, State or local officials SUPPLEMENTARY INFORMATION: published for comment. While this
may also impose penalties for violations Legal Basis waiver is issued in response to the
of Colorado law. application submitted by the NPPC, it
The Transportation Equity Act for the also applies to other eligible motor
Gregory P. Shoop, 21st Century (TEA–21) (Pub. L. 105– carriers, including ARA members, to the
Acting BLM Colorado State Director. 178, 112 Stat. 107, June 9, 1998) extent they are handling agricultural
[FR Doc. 2017–27413 Filed 12–19–17; 8:45 am] provides the Secretary of Transportation commodities as defined under 49 CFR
BILLING CODE 4310–JB–P (the Secretary) the authority to grant 395.2, as discussed in the Terms and
waivers from any of the FMCSRs issued Conditions of the Waiver section below.
under Chapter 313 of Title 49 of the In addition to NPPC’s request,
United States Code or 49 U.S.C. 31136, FMCSA received numerous inquiries
DEPARTMENT OF TRANSPORTATION to a person(s) seeking regulatory relief. from parties involved in the transport of
(49 U.S.C. 31136(e), 31315(a)). The agricultural commodities about the
Federal Motor Carrier Safety Secretary must make a determination correct application of the HOS
Administration that the waiver is in the public interest, agricultural exception in 49 CFR
and that it is likely to achieve a level of 395.1(k)(1), leading to an ongoing
49 CFR Part 395 safety that is equivalent to, or greater review of the exception. FMCSA is
than, the level of safety that would be considering providing new guidance on
Hours of Service; Electronic Logging obtained in the absence of the waiver. the agricultural exception in the near
Devices; Limited 90-Day Waiver for the Individual waivers may be granted only
ethrower on DSK3G9T082PROD with RULES
future.
Transportation of Agricultural for a specific unique, non-emergency
Commodities event, for a period up to three months. Safety Determination
AGENCY: Federal Motor Carrier Safety TEA–21 authorizes the Secretary to In an October 6, 2010, Federal
Administration (FMCSA), DOT. grant waivers without requesting public Register document (75 FR 61626),
comment, and without providing public FMCSA granted a limited 90-day waiver
ACTION: Notification; grant of waiver.
notice. from the HOS requirements for the
VerDate Sep<11>2014 16:19 Dec 19, 2017 Jkt 244001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\20DER1.SGM 20DER1](https://thefederalregister.org/doc/82_FR_60563/page/4.svg)
Document Created: 2018-10-25 10:55:22
Document Modified: 2018-10-25 10:55:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final supplementary rules. | |
| Dates | These supplementary rules are effective January 19, 2018. | |
| Contact | Linda Skinner, Outdoor Recreation | |
| FR Citation | 82 FR 60320 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR