14366 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules 

potential radio licensees and permittees, 

insofar as they would require or allow 

certain applicants to demonstrate their 

qualifications to apply for an FM 

channel allotted using the Tribal 

Priority. However, the information to be 

filed is already familiar to broadcasters, 

and the information requested to claim 

the Tribal Priority is similar to current 

section 307(b) showings, so any 

additional burdens would be minimal. 

To the extent that other applicants 

would be disadvantaged by Tribes 

qualifying for the Tribal Priority and the 

proposed alternative ‘‘threshold 

qualifications’’ approach, the 

Commission believes that such burdens 

would be offset by the fact that the 

Tribal Priority is designed to redress 

inequities in the number of Tribal radio 

licensees, compared to the population of 

Tribal citizens in the United States and 

the fact that some of these citizens were 

deprived of their original Tribal lands. 

The Tribal Priority, then, not only helps 

the Commission to meet its goals of 

ownership and program diversity, but 

also furthers the Federal government’s 

obligations toward Tribes to assist them 

in promulgating Tribal languages and 

cultures, and to support Tribal selfgovernment. The approach proposed by 

the Commission would also apply only 

to FM allotments added to the Table of 

Allotments using the Tribal Priority, 

and thus would apply only to proposed 

facilities serving primarily Tribal 

communities. Adoption of the threshold 

qualifications approach would thus 

assist Tribes in pursuing commercial 

radio licensing opportunities and would 

enable ownership of facilities added to 

the FM Table of Allotments by Tribes or 

Tribal-owned entities that are charged 

with promoting Tribal self-governance. 

Steps Taken To Minimize Significant 

Impact on Small Entities, and 

Significant Alternatives Considered 

The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities (5 U.S.C. 603(b)). 

In the SFNPRM, the Commission 

seeks to provide additional 

opportunities for participation by Tribes 

seeking commercial radio facilities, 

especially FM commercial stations. The 

Commission seeks comment as to 

whether its goals could be more 

effectively accomplished through the 

use of a ‘‘threshold qualifications’’ 

approach, limiting applications for 

Tribal-priority-added FM allotments to 

those filed by Tribes or Tribal-owned 

entities. The Commission is open to 

consideration of alternatives to the 

proposals under consideration, as set 

forth herein, including but not limited 

to alternatives that will minimize the 

burden on broadcasters, most of whom 

are small businesses. There may be 

unique circumstances these entities may 

face, and we will consider appropriate 

action for small broadcasters when 

preparing a Third Report and Order in 

this matter. 

Federal Rules Which Duplicate, 

Overlap, or Conflict With, the 

Commission’s Proposals 

None. 

This document is available in 

alternative formats (computer diskette, 

large print, audio record, and Braille). 

Persons with disabilities who need 

documents in these formats may request 

them by e-mail at FCC504@fcc.gov, or 

call the Consumer & Governmental 

Affairs Bureau at 202–418–0530 (voice), 

202–418–0432 (TTY). 

Ordering Clause 

Accordingly, it is ordered, pursuant to 

the authority contained in sections 1, 2, 

4(i), 303, 307, and 309(j) of the 

Communications Act of 1934, 47 U.S.C. 

151, 152, 154(i), 303, 307, and 309(j), 

that this Second Report and Order, First 

Order on Reconsideration, and Second 

Further Notice of Proposed Rule Making 

is adopted. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2011–6146 Filed 3–15–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 390 and 391 

[Docket No. FMCSA–2008–0363] 

RIN 2126–AA97 

National Registry of Certified Medical 

Examiners 

AGENCY: Federal Motor Carrier Safety 

Administration, Transportation. 

ACTION: Request for public comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, the 

Federal Motor Carrier Safety 

Administration (FMCSA) is making 

available for public comment a 

modification of the proposed 

information collection request (ICR) 

related to the notice of proposed 

rulemaking (NPRM) for the National 

Registry of Certified Medical Examiners 

(NRCME) published on December 1, 

2008. In the comments on the NPRM, a 

commenter inquired as to what a motor 

carrier had to do to verify that a medical 

examiner’s certificate had been issued to 

a commercial motor vehicle driver by a 

medical examiner listed on the 

proposed NRCME. In response to this 

and other comments, FMCSA is 

considering whether to require 

employers to verify that the medical 

examiner is listed and to place a record 

of such verification in the driver 

qualification file. This document is to 

inform the public that a modified ICR 

that includes this verification 

requirement under consideration is 

available for public comment. The other 

information collection requirements 

were made available for public 

comments at the same time as the 

NPRM. Therefore, comments will only 

be considered in response to this 

document with respect to the 

information collection aspects of the 

verification requirements under 

consideration by the Agency. Comments 

on the other information collection 

requirements proposed with the NPRM 

will not be considered. 

DATES: Comments and related material 

must be submitted on or before May 16, 

2011. 

ADDRESSES: You may submit comments 

identified by docket number FMCSA– 

2008–0363 using any one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules 14367 

below for instructions on submitting 

comments. 

Comments must also be submitted to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, New Executive Office Building, 

Room 10202, 725 17th Street, NW., 

Washington, DC 20053, Attention: Desk 

Officer for the Department of 

Transportation. 

FOR FURTHER INFORMATION CONTACT: 

Elaine Papp, Physical Qualifications 

Division, Federal Motor Carrier Safety 

Administration, 1200 New Jersey Ave., 

SE., Washington, DC 20590–0001. 

Telephone: (202) 366–4001. E-mail: 

fmcsamedical@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Motor Carrier Safety 

Administration (FMCSA) is making 

available for public comment a 

modification of the proposed 

information collection request (ICR) 

related to the notice of proposed 

rulemaking (NPRM) for the National 

Registry of Certified Medical Examiners 

(NRCME) published on December 1, 

2008 (73 FR 73129). Other information 

collection requirements were made 

available for public comments in the 

same issue as the NPRM (see 73 FR at 

73140–42). 

Public Participation and Request for 

Comments: We encourage you to submit 

comments on the modification to the 

Information Collection Request related 

to the proposed NRCME. All comments 

received will be posted, without change, 

to http://www.regulations.gov and will 

include any personal information you 

have provided. 

Privacy Act: Anyone can search the 

electronic form of 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 a 

Privacy Act, system of records notice 

regarding our public dockets in the 

January 17, 2008, issue of the Federal 

Register (73 FR 3316). 

Title: National Registry of Certified 

Medical Examiners (NRCME). 

Summary: The Secretary of 

Transportation is required to establish 

and maintain a national registry of 

medical examiners that are qualified to 

perform examinations and issue medical 

certificates that verify whether a CMV 

driver’s physical qualifications meet 

FMCSA standards. In addition, medical 

examinations of CMV operators will be 

performed by MEs who have received 

training in physical and medical 

examination standards, and, after the 

NRCME is established, are listed on the 

NRCME. 49 U.S.C. 31136(a)(3) and 

31149. Once the NRCME Program is 

implemented, FMCSA will accept 

medical examinations performed only 

by certified MEs listed on the NRCME, 

as required by law. 

Several new proposed information 

collection requirements related to the 

proposed NRCME were described in the 

Notice of Proposed Rulemaking 

published on December 1, 2008. In each 

case, the relationship of the proposed 

information collection to the proposals 

in the NPRM was explained, and an 

estimate of the information collection 

burden was provided. An opportunity to 

provide public comment on those 

requirements and the estimated burden, 

as required by the Paperwork Reduction 

Act, was made available at that time. 

FMCSA, in response to comments on 

the proposed rule, is considering 

whether to include an additional 

information collection requirement that 

would be a substantial modification of 

the information collection requirements 

involved. The provision under 

consideration would require employers 

of CMV drivers to verify the National 

Registry Number of the ME for each 

driver required to be examined by an 

ME on the National Registry, and place 

a note relating to verification in the 

driver qualification file. This 

information collection requirement 

provides proof the employer has met its 

obligation to require drivers to comply 

with the regulations that apply to the 

driver (49 U.S.C. 31135[a] and 49 CFR 

390.11). 

Respondents (Including the Number 

of): The likely respondents to this 

proposed information requirement are 

the 1,193,083 employers of the 

7,000,000 CMV drivers required to 

obtain medical certificates. In any given 

year, FMCSA estimates that 

approximately 4,600,00 CMV drivers 

will respond and provide their 

certificates to their employers. 

Frequency: FMCSA estimates that 

approximately 4,622,925 verifications 

and recordkeeping actions will be 

performed by employers each year. 

Annual Burden Estimate: This 

proposal would result in an annual 

recordkeeping and reporting burden as 

follows: 

We estimate it will take motor carrier 

administrative personnel 4 minutes to 

verify the National Registry Number, 

write a note regarding the verification, 

and file the note in the driver 

qualification file, so this will require 

approximately 308,195 hours of 

administrative personnel time on a 

yearly basis (4,622,925 verifications × 4 

minutes/60 minutes per verification = 

308,195 hours). 

The total estimated annual 

recordkeeping and time burden for all 

information collections related to the 

physical qualification requirements is 

approximately 2,092,243 hours. 

Any comments submitted in response 

to this notice will be summarized in the 

request for OMB approval. All 

comments will also become a matter of 

public record. 

Dated: March 8, 2011. 

Kelly Leone, 

Associate Administrator and Chief 

Information Officer, Research and 

Information Technology, Director, 

Information Technology and Deputy CIO, 

FMCSA. 

[FR Doc. 2011–5885 Filed 3–15–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

RIN 0648–AY93 

Fisheries in the Western Pacific; 

Mechanism for Specifying Annual 

Catch Limits and Accountability 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of fishery 

ecosystem plan amendments; request for 

comments. 

SUMMARY: NMFS announces that the 

Western Pacific Fishery Management 

Council (Council) proposes to amend its 

five fishery ecosystem plans (FEPs) to 

establish a mechanism for specifying 

annual catch limits (ACLs) and 

accountability measures (AMs), adopt 

the ecosystem component species 

classification described in the NMFS 

advisory guidelines for National 

Standard 1, and identify management 

unit species that have statutory 

exceptions to the ACL and AM 

requirements. The intent of the 

amendment is end and prevent 

overfishing, rebuild overfished stocks, 

and achieve optimum yield. 

DATES: Comments on the amendment 

must be received by May 16, 2011. 

ADDRESSES: Comments on the 

amendment, identified by 0648–AX93, 

may be sent to either of the following 

addresses: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal http:// 

www.regulations.gov; or 


jlentini on DSKJ8SOYB1PROD with PROPOSALS