10778 Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Rules and Regulations 

regulatory action on small business and 

other small entities and to minimize any 

significant economic impact. The term 

‘‘small entities’’ comprises small 

businesses and not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

Accordingly, DOT policy requires an 

analysis of the impact of all regulations 

on small entities, and mandates that 

agencies strive to lessen any adverse 

effects on these businesses. 

PHMSA has conducted an economic 

analysis of the impact of this final rule 

on small entities and certifies that a 

Regulatory Flexibility Analysis is not 

necessary because the rule will not have 

a significant economic impact on a 

substantial number of small entities 

subject to the requirements of this final 

rule. We assume that all of the 1,490 

motor carriers identified by this final 

rule are small entities. However, the 

direct costs of this rule that small 

entities may incur are only expected to 

be minimal. They consist of the costs of 

lost productivity from foregoing texting 

while on-duty and fuel usage costs for 

pulling to the side of the road to idle the 

truck or passenger-carrying vehicle to 

send or receive a text message. The 

majority of motor carriers are small 

entities. Therefore, PHMSA will use the 

total cost of this final rule ($5,227) 

applied to the number of small entities 

(1,490) as a worse case evaluation which 

would average $3.51 annually per 

carrier. 

F. Executive Order 13272 and DOT 

Regulatory Policies and Procedures 

This final rule has been developed in 

accordance with Executive Order 13272 

(‘‘Proper Consideration of Small Entities 

in Agency Rulemaking’’) and DOT’s 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act to ensure that potential 

impacts of rulemakings on small entities 

are properly considered. 

G. Paperwork Reduction Act 

This rule would call for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

H. Regulation Identifier Number (RIN) 

A regulation identifier 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 crossreference this action with the Unified 

Agenda. 

I. Unfunded Mandates Reform Act of 

1995 

This final rule does not impose 

unfunded mandates, under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$140.8 million or more to either State, 

local, or Tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the rule. 

J. 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 complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477 through 19478) or you may visit 

http://www.dot.gov. This rule is not a 

privacy-sensitive rulemaking because 

the rule will not require any collection, 

maintenance, or dissemination of 

Personally Identifiable Information (PII) 

from or about members of the public. 

K. National Environmental Policy Act 

The National Environmental Policy 

Act of 1969 (NEPA) requires Federal 

agencies to consider the consequences 

of major Federal actions and that they 

prepare a detailed statement on actions 

significantly affecting the quality of the 

human environment. PHMSA’s 

assessment did not reveal any 

significant positive or negative impacts 

on the environment expected to result 

from the rulemaking action. There could 

be minor impacts on emissions, 

hazardous materials spills, solid waste, 

socioeconomics, and public health and 

safety. In the NPRM PHMSA invited 

interested parties to comment on the 

potential environmental impacts of 

regulations applicable to texting while 

driving. PHMSA did not receive any 

comments in response to that request. 

List of Subjects in 49 CFR part 177 

Hazardous materials transportation, 

Motor carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, 49 

CFR Chapter I is amended as follows: 

PART 177—CARRIAGE BY PUBLIC 

HIGHWAY 

■ 1. The authority citation for part 177 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 2. Section 177.804 is amended by: 

■ a. Designating the existing text as 

paragraph (a); 

■ b. Adding a heading to the newly 

designated paragraph (a); and 

■ c. Adding a new paragraph (b) to read 

as follows: 

§ 177.804 Compliance with Federal Motor 

Carrier Safety Regulations. 

(a) General. * * * 

(b) Prohibition against texting. In 

accordance with § 392.80 of the 

FMCSRs a person transporting a 

quantity of hazardous materials 

requiring placarding under 49 CFR part 

172 or any quantity of a material listed 

as a select agent or toxin in 42 CFR part 

73 may not engage in, allow, or require 

texting while driving. 

Issued in Washington, DC, on February 17, 

2011, under authority delegated in 49 CFR 

part 106. 

Cynthia L. Quarterman, 

Administrator, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2011–4273 Filed 2–25–11; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XA245 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

sector for king mackerel in the Florida 

east coast subzone. This closure is 

necessary to protect the Gulf king 

mackerel resource. 

DATES: The closure is effective 12:01 

a.m., local time, February 26, 2011, until 

12:01 a.m., local time, April 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

Susan.Gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Rules and Regulations 10779 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001) NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. The quota 

implemented for the Florida east coast 

subzone is 1,040,625 lb (472,020 kg) (50 

CFR 622.42(c)(1)(i)(A)(1)). 

Under 50 CFR 622.43(a)(3), NMFS is 

required to close any segment of the 

king mackerel commercial sector when 

its quota has been reached, by filing a 

notification with the Office of the 

Federal Register. NMFS has determined 

that the commercial quota of 1,040,625 

lb (472,000 kg) for Gulf group king 

mackerel in the Florida east coast 

subzone will be reached on February 26, 

2011. Accordingly, the commercial 

sector for king mackerel in the Florida 

east coast subzone is closed at 12:01 

a.m., local time, February 26, 2011, until 

12:01 a.m., local time, April 1, 2011. 

From November 1 through March 31 

the Florida east coast subzone of the 

Gulf group king mackerel is that part of 

the eastern zone north of 25°20.4′ N. lat. 

(a line directly east from the MiamiDade/Monroe County, FL, boundary) to 

29°25′N. lat. (a line directly east from 

the Flagler/Volusia County, FL, 

boundary). Beginning April 1, the 

boundary between Atlantic and Gulf 

groups of king mackerel shifts south and 

west to the Monroe/Collier County 

boundary on the west coast of Florida. 

From April 1 through October 31, king 

mackerel harvested along the east coast 

of Florida, including all of Monroe 

County, are considered to be Atlantic 

group king mackerel. 

Classification 

This action responds to the best 

available information recently obtained 

from the fisheries. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds that the need to immediately 

implement this action to close the 

Florida east coast subzone to 

commercial king mackerel fishing 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule 

implementing the quota and the 

associated requirement for closure of the 

commercial harvest when the quota is 

reached or projected to be reached has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and 

opportunity for public comment on this 

action would be contrary to the public 

interest because any delay in the closure 

of the commercial harvest could result 

in the commercial quota being 

exceeded. There is a need to 

immediately implement this action to 

protect the king mackerel resource 

because the capacity of the fishing fleet 

allows for rapid harvest of the quota. 

Prior notice and opportunity for public 

comment would require time and would 

potentially result in a harvest well in 

excess of the established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 23, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2011–4365 Filed 2–23–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XA237 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA). This 

action is necessary to fully use the A 

season allowance of the 2011 total 

allowable catch (TAC) of pollock in 

Statistical Area 610 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 27, 2011, through 

1200 hrs, A.l.t., March 10, 2011. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., March 10, 2011. 

ADDRESSES: Send comments to James W. 

Balsiger, Regional Administrator, Alaska 

Region, NMFS, Attn: Ellen Sebastian. 

You may submit comments, identified 

by RIN 0648–XA237, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

Instructions: All comments received 

are a part of the public record. 

Comments will generally be posted 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

NMFS closed directed fishing for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on 

January 23, 2011 (76 FR 4082, January 

24, 2011). 


jdjones on DSKHWCL6B1PROD with RULES