This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

29713 

Vol. 83, No. 123 

Tuesday, June 26, 2018 

1 83 FR 19393, May 2, 2018. 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 635 

[FHWA Docket No. FHWA–2018–0017] 

RIN 2125–AF83 

Indefinite Delivery and Indefinite 

Quantity Contracts for Federal-Aid 

Construction 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Advance notice of proposed 

rulemaking (ANPRM). 

SUMMARY: The FHWA has announced 

that the Indefinite Delivery and 

Indefinite Quantity (ID/IQ) method of 

contracting, including job order 

contracts, for low-cost construction 

contracts will be allowed, without 

FHWA approval, under certain 

circumstances. This advance notice of 

proposed rulemaking seeks comment on 

how FHWA may further expand this 

contracting method on a permanent 

basis. 

DATES: Comments must be received on 

or before August 27, 2018. Late 

comments will be considered to the 

extent practicable. 

ADDRESSES: You may submit comments, 

identified by the document number at 

the top of this document, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590. 

• Hand Delivery/Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave. SE, between 9:00 

a.m. and 5:00 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is (202) 366–9329. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to www.regulations.gov, 

including any personal information 

provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this ANPRM, please 

contact Mr. John Huyer, FHWA Office of 

Program Administration, (651) 291– 

6111, or via email at John.Huyer@

dot.gov. For legal questions, please 

contact Mr. Jomar Maldonado, FHWA 

Office of the Chief Counsel, 202–366– 

1373, or via email at Jomar.Maldonado@

dot.gov. Office hours for the FHWA are 

from 8:00 a.m. to 4:30 p.m., ET, Monday 

through Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: On May 2, 

2018,1 FHWA announced that 

contracting agencies no longer need to 

submit individual requests and work 

plans pursuant to Special Experimental 

Project No. 14 (SEP–14) for low-cost ID/ 

IQ contracts that are awarded to the 

lowest responsive bidder based on an 

invitation for bids. The FHWA 

considers ‘‘low-cost contracts’’ to be 1- 

or 2-year contracts awarded to the 

lowest responsive bidder for 

construction of projects that qualify for 

FHWA categorical exclusions under the 

National Environmental Policy Act of 

1969 (23 CFR 771.117) and where the 

total value of task or work orders does 

not exceed $2,000,000 per year. 

However, the ID/IQ contracting 

technique continues to be authorized on 

an experimental basis while FHWA 

explores rulemaking to revise FHWA’s 

regulations to accommodate this 

contracting technique. This ANPRM 

seeks comment on how FHWA may 

operationalize this contracting 

technique on a permanent basis. 

Background 

The ID/IQ contracts are a method of 

contracting that allows an indefinite 

quantity of services for a fixed time. 

They are used in the Federal 

Government when agencies cannot 

determine, above a specified minimum, 

the precise quantities of supplies or 

services that the Government will 

require during the contract period. For 

construction ID/IQ contracts, 

contractors bid unit prices for estimated 

quantities of standard work items, and 

task orders are used to define the 

location and quantities for specific 

work. The ID/IQ contracts may be 

awarded to the lowest responsive bidder 

based on an invitation for bids or the 

best-value proposer based on responses 

to Requests for Proposals. Contracting 

agencies use other names for these types 

of contracts, including on-call contracts, 

area-wide contracts, continuing 

contracts, push-button contracts, and 

task order contracts. Job Order Contracts 

(JOCs) are a form of ID/IQ contracts that 

utilize a construction task catalogue 

with pre-priced work item descriptions 

and where contractors bid ‘‘mark-up 

rates.’’ The contract is awarded to the 

lowest responsive bidder determined by 

their rates. 

Although ID/IQ contracts have been 

specifically authorized in the Federal 

procurement process (48 CFR 16.5) and 

for the contracting of architecture and 

engineering (A/E) services in the 

Federal-aid highway program (FAHP) 

(23 CFR part 172), the FAHP 

authorization and procurement laws for 

construction do not address the possible 

use of ID/IQ contracts. The FAHP 

construction procurement statute, 23 

U.S.C. 112(b)(1), requires contracts to be 

awarded by a competitive bidding 

process to the lowest responsive bidder 

(traditional design-bid-build project 

delivery method based upon the 

premise of a 100 percent-complete 

design and a well-defined scope of 

work). The ID/IQ contracts are awarded 

based upon a general, but not 

completely defined, scope of work for a 

geographic area and limited time period 

(but not specific locations, designs, or 

quantities) and are often awarded based 

upon specific evaluation criteria. 

A. Experience Under Special 

Experimental Project Number 14 (SEP– 

14) 

The FHWA has used its authority in 

23 U.S.C. 502(b)(1) to test the use of ID/ 

IQ contracts for the construction of 

FAHP projects through the SEP–14 

Program for innovative contracting 

techniques. Under the SEP–14 Program, 

contracting agencies interested in 

testing an innovative contracting 

technique submit project-specific (or 

programmatic) work plans to FHWA for 


sradovich on DSK3GMQ082PROD with PROPOSALS
29714 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 

their implementation. The FHWA 

Division Office evaluates the work plan, 

coordinates with FHWA Headquarters, 

and, if it finds the work plan to be 

acceptable, FHWA approves the use of 

the technique on a temporary basis for 

a project or group of pilot projects. Over 

time, FHWA Headquarters staff assess 

the initiative to determine if it is a 

technique that should be 

operationalized for the FAHP on a 

permanent basis without the need for 

individual requests, work plans, and 

evaluation reports. Operationalizing 

SEP–14 experiments has taken different 

paths in the past based on the source of 

the policy warranting innovation and 

FHWA’s risk assessment, such as 

FHWA-initiated memoranda (for 

example, cost plus time bidding and 

lane rental), FHWA-initiated rulemaking 

(for example, warranty clauses at 23 

CFR 635.413), and congressionally 

initiated statutory amendments (for 

example, design-build and contractor 

manager/general contractor under 23 

U.S.C. 112(b)(3)–(4)). More information 

on SEP–14 can be found at https://

www.fhwa.dot.gov/construction/cqit/ 

sep14.cfm. 

From 2007 to the present, FHWA, 

State departments of transportation 

(State DOTs), and Local Public Agencies 

(LPAs) through the State DOTs have 

experimented with the use of ID/IQ 

contracts and JOCs for construction. The 

FHWA has approved the use of this 

contracting method under SEP–14 for 16 

different State DOTs and 6 LPAs. 

Evaluation reports indicate that JOCs 

and ID/IQ contracts allow for costeffective contracting for small value 

contracts and preventive maintenance 

programs. Specifically, the reports 

indicate that these contracts eliminate 

the need for contracting agencies to 

advertise and award numerous small 

contracts and provide contracting 

agencies with wide flexibility in 

programming and addressing preventive 

maintenance needs. 

Having evaluated the use of JOCs and 

ID/IQ contracts for construction in the 

FAHP for over a decade, FHWA has 

now determined that they are suitable 

for operationalization. This is consistent 

with Senate report language 

accompanying fiscal years 2017 and 

2018 appropriations to operationalize 

JOCs. S. Rept. No. 114–243, 43 (April 

21, 2016); S. Rept. No. 115–138, 52 (July 

27, 2017). The approach is also 

consistent with the Department of 

Justice’s Office of Legal Counsel (OLC) 

opinion regarding competition and 

contracting requirements. See 

Competitive Bidding Requirements 

Under the Federal-Aid Highway 

Program, 23 U.S.C. 112 (Aug. 23, 2013). 

B. Steps for Operationalizing ID/IQs and 

JOCs for Construction in the FAHP 

The FHWA is proceeding with two 

phases to operationalize ID/IQ contracts 

and JOCs for construction in the FAHP. 

The first phase is the issuance of an 

FHWA Notice on how FHWA will allow 

ID/IQ contracts and JOCs for 

construction without the need for 

project-specific work plans from 

contracting agencies. The FHWA 

published a Federal Register Notice 

requesting public comment on allowing 

contracting agencies to establish ID/IQ 

and JOCs for low-cost construction 

contracts at 83 FR 19393 (May 2, 2018). 

Please refer to that notice for details on 

the proposed implementation of phase 

one. The second phase is the initiation 

of this rulemaking. 

Amendments to the construction and 

approval regulations are necessary in 

order to allow the contracting technique 

on a permanent basis. To assist the 

Agency in this effort, FHWA seeks 

public comments on the following 

questions: 

1. Would it be appropriate to allow 

notice and award of the base ID/IQ 

contract or JOC prior to approval of 

plans, specifications and estimates, 

environmental review, and right-of-way 

clearances, but require these prior to the 

issuance of individual tasks? 

2. Would the allowance of time 

extensions be appropriate? What should 

be the minimum time extension length? 

What should be the maximum time 

extension length? 

3. Is the $2,000,000 per year 

limitation appropriate? Should this 

figure be indexed? If so, how? 

4. Should FHWA consider allowing 

ID/IQ contracts using best value 

considerations? What criteria (for 

example, past performance, quality, 

timeliness) should be considered for 

best value determinations? 

5. Should multiple award ID/IQ 

contracts be allowed? If so, what 

conditions or criteria should be used for 

awarding work orders? 

6. What contract term/extension 

limits should be allowed? Should ‘‘onramp’’ procedures be used to allow new 

contractors to be considered for the 

award pool after the initial award and 

‘‘off-ramp’’ procedures be used to 

discontinue the use of contractors who 

are not performing satisfactorily? 

7. What procedures should be in place 

to ensure fairness and transparency in 

the selection and implementation of 

multiple-award ID/IQ contracts? 

8. What change conditions clause 

would be appropriate for ID/IQ 

contracts and JOCs? What would be an 

appropriate clause for significant 

changes in the character of work? 

9. How should the contracting 

agencies address the estimates required 

under 23 CFR 635.115? Would the 

estimate quantities be the minimum 

value provided under the contract, the 

estimate for the base contract, or the 

estimated maximum value under the 

contract including contract extensions? 

10. How would the 30 percent selfperformance requirement in 23 CFR 

635.116(a) apply to ID/IQ contracts and 

JOCs? How would it be enforced given 

the nature of the task orders? 

11. How should authorizations to 

proceed with work be given for 

individual task orders? 

12. What costs, benefits, and costsavings would result from allowing this 

contracting technique on a permanent 

basis? Please submit data that would 

help FHWA quantify cost-effectiveness, 

as well as quantifiable cost-savings 

associated with advertising and 

awarding small contracts and increasing 

flexibility in programming, and any 

other efficiencies that may result from 

the operationalization of this 

contracting method. 

13. Are there any other aspects related 

to the use of ID/IQ contracts or JOC for 

construction in the FAHP that FHWA 

should consider? 

The FHWA will consider all 

responses and comments and take them 

into account in the development of a 

notice of proposed rulemaking (NPRM) 

on this subject. 

Rulemaking Analyses and Notices 

All comments received before the 

close of business on the comment 

closing date indicated above will be 

considered and will be available for 

examination in the docket at the above 

address. Comments received after the 

comment closing date will be filed in 

the docket and will be considered to the 

extent practicable. In addition to late 

comments, FHWA also will continue to 

file relevant information in the docket 

as it becomes available after the 

comment period closing date, and 

interested persons should continue to 

examine the docket for new material. 

An NPRM may be published at any time 

after close of the comment period. 

Executive Order 13771 (Reducing 

Regulations and Controlling Regulatory 

Costs), Executive Order 12866 

(Regulatory Planning and Review), 

Executive Order 13563 (Improving 

Regulation and Regulatory Review), 

and DOT Regulatory Policies and 

Procedures 

The FHWA has preliminarily 

determined that this action would not 

be a significant regulatory action within 

the meaning of Executive Order (E.O.) 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 29715 

12866 and within the meaning of the 

DOT regulatory policies and procedures. 

This action complies with E.O.s 12866, 

13563, and 13771 to improve regulation. 

The FHWA anticipates that this 

rulemaking would be a deregulatory 

action and result in cost-savings because 

it proposes to remove the traditional 

procurement requirements for Federalaid highway construction work for small 

construction work that would result in 

expeditious project delivery of low-cost 

and/or repetitive work. The FHWA 

seeks data on the costs, benefits, and 

cost-savings associated with this action. 

Based upon the information received 

in response to this ANPRM, FHWA 

intends to carefully consider the costs 

and benefits associated with this 

rulemaking. Accordingly, comments, 

information, and data are solicited on 

the economic impact of any proposed 

recommendation. 

This ANPRM is not a regulatory 

action under Executive Order 13771. 

Regulatory Flexibility Act 

In compliance with the Regulatory 

Flexibility Act (Pub. L. 96–354, 5 U.S.C. 

601–612), and based upon the 

information received in response to this 

ANPRM, FHWA will evaluate the effects 

of any action proposed on small entities. 

This action merely seeks information 

regarding the use of the ID/IQ method 

of contracting, including JOCs, for lowcost construction contracts. Therefore, 

FHWA is unable to certify at this time 

whether or not it will have a significant 

impact on a substantial number of small 

entities. 

Unfunded Mandates Reform Act of 

1995 

Because of the preliminary nature of 

this document and lack of necessary 

information on costs, FHWA is unable 

to evaluate the effects of the potential 

regulatory changes in regard to 

imposing a Federal mandate involving 

expenditure by State, local, and Indian 

Tribal governments, in the aggregate, or 

by the private sector, of $151.1 million 

or more in any one year (2 U.S.C. 1532). 

Nevertheless, FHWA will evaluate any 

regulatory action that might be proposed 

in subsequent stages of this rulemaking 

to assess the effects on State, local, and 

Indian Tribal governments and the 

private sector. 

Executive Order 12988 (Civil Justice 

Reform) 

The FHWA will evaluate any rule that 

may be proposed in response to 

comments received to ensure that such 

action meets applicable standards in 

section 3(a) and 3(b)(2) of E.O. 12988, 

Civil Justice Reform, to minimize 

litigation, eliminate ambiguity, and 

reduce burden. 

Executive Order 13045 (Protection of 

Children) 

The FHWA will evaluate any rule that 

may be proposed in response to 

comments received to ensure that such 

action meets the requirements of E.O. 

13045, Protection of Children from 

Environmental Health Risks and Safety 

Risks. The Agency does not, however, 

anticipate that any such rule would be 

economically significant or would 

present an environmental risk to health 

or safety that may disproportionately 

affect children. 

Executive Order 12630 (Taking of 

Private Property) 

The FHWA will evaluate any rule that 

may be proposed in response to 

comments received to ensure that any 

such rule will not affect a taking of 

private property or otherwise have 

taking implications under E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights. 

Executive Order 13132 (Federalism) 

The FHWA will analyze any action 

that might be proposed in accordance 

with the principles and criteria 

contained in E.O. 13132, and FHWA 

anticipates that any action contemplated 

will not have sufficient federalism 

implications to warrant the preparation 

of a federalism assessment. The FHWA 

also anticipates that any action taken 

will not preempt any State law or State 

regulation or affect the States’ ability to 

discharge traditional State governmental 

functions. We encourage commenters to 

consider these issues. 

Executive Order 13175 (Tribal 

Consultation) 

The FHWA will analyze any proposal 

under E.O. 13175, dated November 6, 

2000. The FHWA preliminarily believes 

that any proposal will not have 

substantial direct effects on one or more 

Indian Tribes, will not impose 

substantial direct compliance costs on 

Indian Tribal governments, and will not 

preempt Tribal law. Therefore, a Tribal 

summary impact statement may not be 

required. 

Executive Order 12372 

(Intergovernmental Review) 

Catalog of Federal Domestic 

Assistance Program Number 20.205, 

Highway Planning and Construction. 

The regulations implementing E.O. 

12372 regarding intergovernmental 

consultation on Federal programs and 

activities apply to this program. 

Paperwork Reduction Act of 1995 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501), Federal 

agencies must obtain approval from the 

Office of Management and Budget 

(OMB) for each collection of 

information they conduct, sponsor, or 

require through regulations. Any action 

that might be contemplated in 

subsequent phases of this proceeding 

will be analyzed for the purpose of the 

PRA for its impact upon information 

collection. The FHWA would be 

required to submit any proposed 

collections of information to OMB for 

review and approval at the time the 

NPRM is issued, and, accordingly, seeks 

public comments. Interested parties are 

invited to send comments regarding any 

aspect of any proposed information 

collection requirements, including, but 

not limited to: (1) Whether the 

collection of information would be 

necessary for the performance of the 

functions of FHWA, including whether 

the information would have practical 

utility; (2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the collection of 

information; and (4) ways to minimize 

the collection burden without reducing 

the quality of the information collected. 

National Environmental Policy Act 

The FHWA will analyze any action 

that might be proposed for the purposes 

of the National Environmental Policy 

Act of 1969, as amended (42 U.S.C. 

4321–4347) to assess whether there 

would be any effect on the quality of the 

environment. 

Executive Order 13211 (Energy Effects) 

The FHWA will analyze any proposed 

action under E.O. 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use, to assess whether 

there would be any adverse effect on the 

supply, distribution, or use of energy. 

Regulation Identification Number 

A regulation identification number 

(RIN) is assigned to each regulatory 

action listed in the Unified Agenda of 

Federal Regulations. The Regulatory 

Information Service Center publishes 

the Unified Agenda in April and 

October of each year. The RIN contained 

in the heading of this document can be 

used to cross-reference this section with 

the Unified Agenda. 

List of Subjects in 23 CFR Part 635 

Grant programs—transportation, 

Highways and roads, Reporting and 

recordkeeping requirements. 

Authority: 23 U.S.C. 112 and 502; 23 CFR 

635. 


sradovich on DSK3GMQ082PROD with PROPOSALS
29716 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 

Issued on June 20, 2018 under authority 

delegated in 49 CFR 1.85. 

Brandye L. Hendrickson, 

Acting Administrator, Federal Highway 

Administration. 

[FR Doc. 2018–13645 Filed 6–25–18; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[REG–132434–17] 

RIN 1545–BO12 

Certain Non-Government Attorneys 

Not Authorized To Participate in 

Examinations of Books and Witnesses 

as a Section 6103(n) Contractor; 

Hearing 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notification of a public hearing 

on notice of proposed rulemaking. 

SUMMARY: This document provides a 

notification of public hearing on 

proposed regulations relating to section 

7602(a) of the Internal Revenue Code 

relating to administrative proceedings. 

DATES: The public hearing is being held 

on Tuesday, July 31, 2018, at 10:00 a.m. 

The IRS must receive outlines of the 

topics to be discussed at the public 

hearing by Thursday, July 19, 2018. 

ADDRESSES: The public hearing is being 

held in the IRS Auditorium, Internal 

Revenue Service Building, 1111 

Constitution Avenue NW, Washington, 

DC 20224. Due to building security 

procedures, visitors must enter at the 

Constitution Avenue entrance. In 

addition, all visitors must present a 

valid photo identification to enter the 

building. 

Send Submissions to CC:PA:LPD:PR 

(REG–132434–17), Room 5205, Internal 

Revenue Service, P.O. Box 7604, Ben 

Franklin Station, Washington, DC 

20044. Submissions may be handdelivered Monday through Friday to 

CC:PA:LPD:PR (REG–132434–17), 

Couriers Desk, Internal Revenue 

Service, 1111 Constitution Avenue NW, 

Washington, DC 20224 or sent 

electronically via the Federal 

eRulemaking Portal at 

www.regulations.gov (IRS REG–132434– 

17). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

William V. Spatz (202) 317–5461; 

concerning submissions of comments, 

the hearing and/or to be placed on the 

building access list to attend the hearing 

Regina Johnson at (202) 317–6901 (not 

toll-free numbers). 

SUPPLEMENTARY INFORMATION: The 

subject of the public hearing is the 

notice of proposed rulemaking (REG– 

132434–17) that was published in the 

Federal Register on Wednesday, March 

28, 2018 (83 FR 13206). 

The rules of 26 CFR 601.601(a)(3) 

apply to the hearing. Persons who wish 

to present oral comments at the hearing 

that submitted written comments by 

June 26, 2018, must submit an outline 

of the topics to be addressed and the 

amount of time to be devoted to each 

topic by Thursday, July 19, 2018. 

A period of 10 minutes is allotted to 

each person for presenting oral 

comments. After the deadline for 

receiving outlines has passed, the IRS 

will prepare an agenda containing the 

schedule of speakers. Copies of the 

agenda will be made available, free of 

charge, at the hearing or by contacting 

the Publications and Regulations Branch 

at (202) 317–6901 (not a toll-free 

number). 

Because of access restrictions, the IRS 

will not admit visitors beyond the 

immediate entrance area more than 30 

minutes before the hearing starts. For 

information about having your name 

placed on the building access list to 

attend the hearing, see the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

Martin V. Franks, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. 2018–13695 Filed 6–25–18; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Parts 56 and 75 

[Docket No. MSHA–2018–0016] 

RIN 1219–AB91 

Safety Improvement Technologies for 

Mobile Equipment at Surface Mines, 

and for Belt Conveyors at Surface and 

Underground Mines 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Request for information. 

SUMMARY: Mining safety could be 

substantially improved by preventing 

accidents that involve mobile 

equipment at surface coal mines and 

metal and nonmetal mines and belt 

conveyors at surface and underground 

mines. The Mine Safety and Health 

Administration (MSHA) is taking a 

number of actions related to mobile 

equipment and belt conveyors to 

improve miners’ safety, including 

providing technical assistance, 

conducting awareness campaigns, and 

developing best practices and training 

materials. MSHA is also considering the 

role of engineering controls that would 

increase the use of seatbelts, enhance 

equipment operators’ ability to see all 

areas near the machine, warn equipment 

operators of potential collision hazards, 

prevent equipment operators from 

driving over a highwall or dump point, 

and help prevent entanglement hazards 

related to working near moving or reenergized belt conveyors. MSHA is 

seeking information and data on 

engineering controls that could reduce 

the risk of accidents and improve miner 

safety. MSHA is also seeking 

suggestions from stakeholders on: Best 

practices, training materials, policies 

and procedures, innovative 

technologies, and any other information 

they may have to improve safety in and 

around mobile equipment, and working 

near and around belt conveyors. 

MSHA will hold stakeholder meetings 

to provide the mining community an 

opportunity to discuss and share 

information about the issues raised in 

this notice. A separate notice 

announcing stakeholder meetings will 

be published in the Federal Register at 

a later date. 

DATES: Comments must be received or 

postmarked by midnight Eastern 

Daylight Time on December 24, 2018. 

ADDRESSES: Comments must be 

identified with ‘‘RIN 1219–AB91’’ and 

may be sent to MSHA by any of the 

following methods: 

• Federal E-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Email: zzMSHA-comments@

dol.gov. 

• Mail: MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452. 

• Hand Delivery or Courier: 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia, between 9:00 a.m. and 5:00 

p.m. Monday through Friday, except 

Federal holidays. Sign in at the 

receptionist’s desk on the 4th Floor East, 

Suite 4E401. 

• Fax: 202–693–9441. 

Instructions: All submissions must 

include ‘‘RIN 1219–AB91’’ or ‘‘Docket 

No. MSHA 2018–0016.’’ Do not include 

personal information that you do not 


sradovich on DSK3GMQ082PROD with PROPOSALS