43198 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 

Drinking Water of Animals to provide 

for the safe use of GLA safflower oil as 

a source of omega-6 fatty acids in dry 

food for adult cats in the maintenance 

life stage. 

The petitioner has claimed that this 

action is categorically excluded under 

21 CFR 25.32(r) because it is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. In addition, 

the petitioner has stated that to their 

knowledge, no extraordinary 

circumstances exist. If FDA determines 

a categorical exclusion applies, neither 

an environmental assessment nor an 

environmental impact statement is 

required. If FDA determines a 

categorical exclusion does not apply, we 

will request an environmental 

assessment and make it available for 

public inspection. 

Dated: September 8, 2017. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2017–19491 Filed 9–13–17; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 658 

[Docket No. FHWA–2017–0030] 

Definition of Automobile Transporter 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Request for comments. 

SUMMARY: This document requests 

comments on including non-cargocarrying tractor-high mount automobile 

semi-trailer combination in the 

definition of automobile transporter in 

the FHWA’s guidance. 

DATES: Comments must be received on 

or before October 16, 2017. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Ave. SE., between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is (202) 366–9329. 

• Instructions: You must include the 

agency name and docket number at the 

beginning of your comments. All 

comments received will be posted 

without change to http://

www.regulations.gov including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: For 

questions about the Definition of 

Automobile Transporters, contact 

Crystal Jones, FHWA Office of Freight 

Management and Operations, (202) 366– 

2976, or by email at Crystal.Jones@

dot.gov. For legal questions, please 

contact William Winne, FHWA Office of 

the Chief Counsel, (202) 366–1397, or by 

email at William.Winne@dot.gov. 

Business hours for the FHWA are from 

8:00 a.m. to 4:30 p.m., e.t., Monday 

through Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may retrieve a copy of the notice 

through the Federal eRulemaking portal 

at: http://www.regulations.gov. The Web 

site is available 24 hours each day, 

every day of the year. Electronic 

submission and retrieval help and 

guidelines are available under the help 

section of the Web site. An electronic 

copy of this document may also be 

downloaded from the Office of the 

Federal Register’s home page at: http:// 

www.archives.gov/federal_register and 

the Government Publishing Office’s 

Web page at: http://www.gpoaccess.gov. 

Background 

Federal laws and regulations 

pertaining to vehicles that are classified 

as automobile transporters, and 

providing for a minimum vehicle length 

and allowable overhang lengths for 

these configurations, support the safe 

and efficient movement of autos by 

truck through States and across State 

lines. In accordance with 49 U.S.C. 

31111(a)(1) and 23 CFR 658.5, the term 

‘‘automobile transporter’’ means any 

vehicle combination designed and used 

for the transport of assembled highway 

vehicles, including truck camper units. 

Federal regulations classify automobile 

transporters as specialized equipment 

and identify three possible 

configurations of automobile 

transporters: Traditional, ‘‘low boys,’’ 

and stinger steered. 23 CFR 

658.13(e)(1)(i). As provided in 23 CFR 

658.13(e), and in the definition of a 

‘‘Tractor or Truck Tractor’’ at 23 CFR 

658.5, automobile transporters may 

carry vehicles on the power unit behind 

the cab and on an over-cab rack. 

If a vehicle is classified as an 

automobile transporter, no State shall 

impose an overall length limitation of 

less than 65 feet on traditional 

automobile transporters, including ‘‘low 

boys,’’ or less than 80 feet on stingersteered automobile transporters. 49 

U.S.C. 31111(b)(1)(G). All length 

provisions regarding automobile 

transporters are exclusive of front and 

rear cargo overhang. For traditional 

automobile transporters, no State shall 

impose a front overhang limitation of 

less than 3 feet or a rear overhang 

limitation of less than 4 feet. 23 CFR 

658.13(e)(1)(ii). For stinger-steered 

automobile transporters, no State shall 

impose a front overhang limitation of 

less than 4 feet or a rear overhang 

limitation of less than 6 feet. 49 U.S.C. 

31111(b)(1)(G). 

Other truck tractor-semitrailer 

combinations (not specifically defined 

as automobile transporters) are subject 

to the length provisions of 23 CFR 

658.13(c). Under this regulatory 

provision, States determine the 

maximum length limits for semitrailers 

operating in a truck tractor-semitrailer 

combination; but no State shall prohibit 

the use of trailers or semitrailers of such 

dimensions as those that were in actual 

and lawful use in such State on 

December 1, 1982, as set out in 

appendix B to 23 CFR 658. 

It is a longstanding FHWA policy 

position, established through guidance, 

that to qualify as an automobile 

transporter as defined in 49 U.S.C. 

31111(a)(1) and be treated as specialized 

equipment as described in 23 CFR 

658.13(e)(1)(i), both traditional and 

stinger-steered automobile transporter 

combinations must be capable of 

carrying cargo on the power unit/tractor. 

Because a truck-tractor in high-mount, 

truck-tractor-semitrailer combination is 

not capable of carrying vehicles on the 

power unit, FHWA’s current policy 

interpretation is that such a vehicle 

combination may not be considered an 

automobile transporter subject to the 

length allowances in 23 CFR 

658.13(e)(1)(ii). 

In response to the recent inquiries, 

FHWA has considered the definitions 

and length provisions that apply to 

automobile transporters and language in 

the Surface Transportation Act of 1982 

section 411(f), which states ‘‘a tractor 

and semitrailer engaged in the 

transportation of automobiles may 

transport motor vehicles on part of the 

power unit,’’ and finds that it may be 

within the Department’s current 

legislative authority to interpret this 

language to include auto transporter 

combinations that are not capable of 

carrying vehicles on the power unit, 

such as a high-mount, truck-tractorsemitrailer combination, without 

additional action from Congress. 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 43199 

Defining the high-mount combination 

as an automobile transporter would 

trigger the use of the same length 

allowances that currently apply to a 

traditional automobile transporter. In 

doing so, Federal laws would govern the 

operation of this vehicle on certain 

roadways, and no State would be able 

to impose an overall length limitation of 

less than 65 feet or a front overhang 

limitation of less than 3 feet or a rear 

overhang limitation of less than 4 feet 

for this vehicle combination. 

Purpose of the Request 

The FHWA is requesting comments 

from affected stakeholders and the 

public regarding interpreting the 

statutory and regulatory language to 

include a high-mount, truck-tractorsemitrailer combination as an 

automobile transporter and treating the 

combination as specialized equipment. 

Comments are requested on the 

following questions related to defining a 

high-mount, truck-tractor-semitrailer 

combination as an automobile 

transporter: 

• How will the inclusion of a highmount, truck-tractor-semitrailer 

combination in the definition of 

automobile transporter impact the flow 

of Interstate commerce? 

• Are there safety issues with a highmount, truck-tractor-semitrailer 

combination as an automobile 

transporter as it relates to the operation 

of this vehicle configuration on the 

National Network? 

• What are implementation 

implications (e.g. roadside enforcement 

and changes to State laws) if Federal 

versus State laws would govern the 

operation of this vehicle configuration 

on the National Network? 

• What State laws are currently in 

place regarding a highmount, trucktractor-semitrailer combination? Please 

provide legal citations, if applicable. 

• Are there States that allow the highmount, truck-tractor-semitrailer 

combination to operate under the same 

length provisions as a traditional 

automobile transporter? 

• Is there any other information 

relating to safety, vehicle productivity, 

or infrastructure preservation relevant to 

these questions? 

Authority: 49 U.S.C. 31111 and Section 

411 of the Surface Transportation Assistance 

Act of 1982 (Pub. L. 97–424) 

Issued on: September 7, 2017. 

Brandye L. Hendrickson, 

Acting Administrator . 

[FR Doc. 2017–19516 Filed 9–13–17; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 30 

[178A2100DD/AAKC001030/ 

A0A501010.999900 253G] 

Bureau of Indian Education Standards, 

Assessments, and Accountability 

System Negotiated Rulemaking 

Committee Establishment; 

Nominations 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Request for nominations and 

notice of intent to establish committee. 

SUMMARY: The U.S. Department of the 

Interior is announcing its intent to 

establish the Bureau of Indian 

Education (BIE) Standards, 

Assessments, and Accountability 

System Negotiated Rulemaking 

Committee (Committee) to advise the 

Secretary of the Interior (Secretary) 

through the BIE on a proposed rule to 

revise the Adequate Yearly Progress 

regulation and invite Tribes whose 

students attend BIE-funded schools 

operated by either the BIE or by the 

Tribe through a contract or grant who 

would be affected by the final rule to 

nominate a representative for 

membership on the Committee. The BIE 

also invites nominations for Committee 

members who will adequately represent 

the interests that are likely to be 

significantly affected by the proposed 

rule such as: Students enrolled, or 

parents of students enrolled at the 174 

BIE-funded schools, school teachers and 

administrators, Tribes, and Indian 

communities served by these schools. 

The BIE also solicits comments on the 

proposal to establish the Committee. 

DATES: Comments regarding the intent 

to establish this Committee and 

nominations for Committee members 

must be submitted no later than October 

16, 2017. 

ADDRESSES: Send written comments to 

Ms. Juanita Mendoza, Bureau of Indian 

Education, by any of the following 

methods: 

• (Preferred method) Email to: 

BIEcomments@bia.gov; 

• Mail, hand-carry or use an 

overnight courier service to Ms. Juanita 

Mendoza, Bureau of Indian Education, 

1849 C Street NW., Mail Stop 4657, 

Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Juanita Mendoza, Bureau of Indian 

Education; telephone: (202) 208–3559. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In 2005, BIA promulgated regulations 

at 25 CFR part 30 that require BIE to use 

the accountability system of the State in 

which a BIE-funded school is located. 

There are BIE-funded schools in 23 

different States; and each State has its 

own accountability system. As a result, 

each State system produced student 

achievement data that cannot be directly 

compared with data from other States. 

This created problems for the BIE in 

identifying under-performing schools 

and in directing resources effectively. 

On November 9, 2015, BIE published 

a notice of intent requesting 

nominations for a negotiated rulemaking 

committee to recommend revisions to 

the existing regulations for BIE’s 

accountability system (80 FR 69161). In 

that notice of intent, the BIE solicited 

nominations from Tribes whose 

students attend BIE-funded schools 

operated either by the BIE or by the 

Tribe through a contract or grant, to 

nominate Tribal representatives to serve 

on the Committee and Tribal alternates 

to serve when the representative is 

unavailable. 

The Every Student Succeeds Act 

(ESSA), Pub. L. 114–95, then became 

law, requiring an update to the subject, 

scope, and issues that the Committee 

would address. On April 14, 2016 (81 

FR 22039), BIE announced its intent to 

expand the scope of the Committee and 

reopened the comment and nomination 

period, requesting comments and 

nominations by May 31, 2016. The 

request for nominations was extended 

on August 17, 2016 (81 FR 54768). On 

January 18, 2017 a notice of proposed 

membership, request for nomination 

and a request for comments was 

published (82 FR 5473). 

Taking into consideration the 

interests of the new Administration in 

participating in this process, the 

Department has decided that a new 

negotiated rulemaking process, as 

required by the ESEA, should begin. 

Under ESEA Section 8204(c)(2), as 

amended, Tribes have the authority to 

waive, in part or in whole, the 

definitions of standards, assessments, 

and accountability system established 

by the Secretary in accordance with this 

rulemaking. The BIE encourages Tribal 

self-determination in Native education; 

and where a Tribal governing body or 

school board determines it to be 

appropriate, encourages the 

development of alternative standards, 

assessments, or accountability systems. 

The Committee would be charged, 

consistent with ESEA Section 8204, 

with developing proposed regulations 

for implementation of the Secretary’s 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS