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
14368 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules 

• Mail: Mail written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS, Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd, Suite 

1110, Honolulu, HI 96814–4700. 

Instructions: Comments must be 

submitted to one of these two addresses 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent to any other 

address or individual, or received after 

the end of the comment period, may not 

be considered. All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily 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). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel, WordPerfect, or Adobe 

PDF file formats only. 

Copies of the amendment 

(Amendment 2 to the American Samoa 

FEP, Amendment 3 to the Hawaii FEP, 

Amendment 2 to the Mariana 

Archipelago FEP, Amendment 1 to the 

Pacific Remote Islands Areas FEP, and 

Amendment 4 to the western Pacific 

Pelagic fisheries FEP are identical), 

including an environmental assessment 

and background information on the 

action, are available from http:// 

www.regulations.gov and from the 

Council, 1164 Bishop St., Suite 1400, 

Honolulu, HI 96813, tel 808–522–8220, 

fax 808–522–8226, or http:// 

www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS PIR Sustainable 

Fisheries, 808–944–2108. 

SUPPLEMENTARY INFORMATION: In 2006, 

the Magnuson-Stevens Fishery 

Conservation and Management Act was 

amended to include new provisions that 

facilitate preventing and ending 

overfishing, and rebuilding overfished 

stocks. Specifically, each council’s 

fishery management plan must include 

a mechanism for specifying ACLs so 

that overfishing does not occur. AMs are 

also required to prevent ACLs from 

being exceeded, and to correct or 

mitigate any overages of the ACL. The 

ACL and AM mechanism would be 

applied to all fisheries, except species 

that are subject to an international 

fishery agreement in which the U.S. 

participates, or have a life cycle of 

approximately one year or less. The 

National Standard 1 guidelines, 

published by NMFS on January 16, 2009 

(74 FR 3178), provides guidance for 

establishing ACLs and AMs, and 

exceptions to the requirements. 

This amendment would establish a 

mechanism for specifying ACLs and 

AMs in each of the five western Pacific 

FEPs. They would include a tier of 

control rules which the Council’s 

Scientific and Statistical Committee 

would apply to determine an acceptable 

biological catch limit. These control 

rules would account for scientific 

uncertainty in the estimate of a fishery’s 

overfishing limit, and the probability of 

overfishing. The mechanism would also 

include qualitative methods for 

determining the probability of 

overfishing and for setting ACLs, and 

describe a suite of AMs to prevent ACLs 

from being exceeded or to mitigate 

overages of an ACL, including use of 

annual catch targets. 

This amendment would also identify 

species that have statutory exceptions to 

the ACL and AM requirements; at 

present, these are all western Pacific 

pelagic management unit species. 

Finally, the amendment incorporates 

existing status determination criteria, as 

described in the five western Pacific 

FEPs. The Council would continue to 

use the SDC in determining the 

overfishing and overfished status of 

western Pacific fisheries, whereby 

exceeding the maximum fishing 

mortality threshold for a period of one 

year or more constitutes overfishing, 

and a stock is considered overfished if 

its biomass falls below the minimum 

stock size threshold. The amendment 

also describes the Council’s intent to 

use the ‘‘ecosystem component’’ 

classification defined in the National 

Standard 1 guidelines. Specifying 

ecosystem component species is not 

part of this amendment; it would be 

done in future amendments to the 

appropriate FEP(s). 

Public comments on the proposed 

amendment must be received by May 

16, 2011 to be considered by NMFS in 

the decision to approve, partially 

approve, or disapprove the amendment. 

NMFS soon expects to publish and 

request public comment on a proposed 

rule that would implement the ACL 

mechanism. 

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

Dated: March 11, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–6151 Filed 3–15–11; 8:45 am] 

BILLING CODE 3510–22–P 


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