Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 9377 

Division, (202) 366–4325, 

mcpsd@dot.gov. 

For sign language interpretation 

services, contact the Regulatory 

Development Division at (202) 366– 

5370 or FMCSAregs@dot.gov, by March 

17, 2010, to allow us to arrange for such 

services. There is no guarantee that 

interpreter services requested on short 

notice can be provided. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 26, 2009, Public Citizen, 

et al. (Petitioners) and FMCSA entered 

into a settlement agreement under 

which the parties agreed to seek to hold 

Petitioners’ petition for judicial review 

of the November 19, 2008 Final Rule on 

drivers’ hours of service in abeyance 

pending the publication of an NPRM. 

The settlement agreement states that 

FMCSA will submit the draft NPRM to 

the Office of Management and Budget 

(OMB) within nine months, and publish 

a Final Rule within 21 months, of the 

date of the settlement agreement. The 

current rule will remain in effect during 

the rulemaking proceedings. 

On January 5, 2010, FMCSA 

announced its plans to hold three public 

listening sessions concerning the HOS 

rulemaking (75 FR 285). On January 15, 

2010, FMCSA announced its plans to 

hold a fourth public listening session 

(75 FR 2467). FMCSA now announces a 

fifth public listening session to solicit 

additional written and/or oral 

comments and information on potential 

revisions to the HOS rule. The Agency 

will provide further opportunity for 

public comment when the NPRM is 

published. 

II. Meeting Participation 

This listening session is open to the 

public. Speakers’ remarks will be 

limited to 10 minutes each. The public 

may submit material to the FMCSA staff 

at each session for inclusion in the 

public docket, FMCSA–2004–19608. 

III. Questions for Discussion During the 

Listening Sessions 

In preparing their comments, meeting 

participants should consider the 

following questions about possible 

alternatives to the current HOS 

requirements. These scenarios are 

merely set forth for discussion; FMCSA 

will not necessarily include them in an 

NPRM but would request similar 

information and data in an NPRM. 

Answers to these questions should be 

based upon the experience of the 

participants and any data or information 

they can share with FMCSA. 

A. Rest and On-Duty Time 

1. Would mandatory short rest 

periods during the work day improve 

driver alertness in the operation of a 

CMV? How long should these rest 

periods be? At what point in the duty 

cycle or drive-time would short rest 

periods provide the greatest benefit? 

What are the unintended consequences 

if these short rest periods are 

mandatory? Should the on-duty period 

be extended to allow for mandatory rest 

periods? 

2. If rest or other breaks from driving 

improve alertness, could a driver who 

chooses to take specified minimum 

breaks be given scheduling flexibility— 

the ability to borrow an hour from 

another driving day once a week, for 

example—if that flexibility would not 

increase safety risks or adversely impact 

driver health? 

3. How many hours per day and per 

week would be safe and healthy for a 

truck driver to work? 

4. Would an hours-of-service rule that 

allows drivers to drive an hour less 

when driving overnight improve driver 

alertness and improve safety? Are there 

any adverse consequences that could 

arise from the implementation of a 

separate nighttime hours-of-service 

regulation? 

B. Restart to the 60- and 70-Hour Rule 

1. Is a 34-consecutive-hour off-duty 

period long enough to provide 

restorative sleep regardless of the 

number of hours worked prior to the 

restart? Is the answer different for a 

driver working a night or irregular 

schedule? 

2. What would be the impact of 

mandating two overnight off-duty 

periods, e.g., from midnight to 6 a.m., as 

a component of a restart period? Would 

such a rule present additional 

enforcement challenges? 

3. How is the current restart provision 

being used by drivers? Do drivers restart 

their calculations after 34 consecutive 

hours or do drivers take longer periods 

of time for the restart? 

C. Sleeper Berth Use 

1. If sleeper-berth time were split into 

two periods, what is the minimum time 

in each period necessary to provide 

restorative sleep? 

2. Could the 14-hour on-duty 

limitation be extended by the amount of 

some additional sleeper-berth time 

without detrimental effect on highway 

safety? What would be the appropriate 

length of such a limited sleeper-berth 

rest period? 

D. Loading and Unloading Time 

1. What effect has the fixed 14-hour 

driving ‘‘window’’ had on the time 

drivers spend waiting to load or unload? 

Have shippers and receivers changed 

their practices to reduce the amount of 

time drivers spend waiting to load or 

unload? 

E. General 

1. Are there aspects of the current rule 

that do not increase safety risks or 

adversely impact driver health and that 

should be preserved? 

Issued on: February 24, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–4293 Filed 3–1–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2010–0008] 

[MO 92210-0-0008-B2] 

[RIN 1018-AX07] 

Endangered and Threatened Wildlife 

and Plants; Listing the Flat-Tailed 

Horned Lizard as Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Reinstatement of proposed rule, 

reopening of comment period, and 

notice of public hearings. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), notify the 

public of the reinstatement of our 

November 29, 1993, proposed rule to 

list the flat-tailed horned lizard 

(Phrynosoma mcallii) as threatened 

under the Endangered Species Act of 

1973, as amended (Act). We also 

announce the reopening of a public 

comment period on the 1993 proposed 

rule and the scheduling of public 

hearings. This action will provide all 

interested parties with an additional 

opportunity to provide information and 

submit comments on the 1993 proposed 

rule. 

DATES: Written comments: To ensure 

consideration of your comments, we 

must receive them on or before May 3, 

2010. 

Public Hearings: The public hearings 

will take place on March 23, 2010, from 

1 p.m. to 3 p.m. and from 6 p.m. to 8 

p.m. at University of California, 

Riverside (UCR) Palm Desert Graduate 

Center, 75-080 Frank Sinatra Drive, 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

9378 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 

Palm Desert, CA, and on March 24, 

2010, from 1 p.m. to 3 p.m. and from 6 

p.m. to 8 p.m. at the Radisson Hotel 

Yuma, 1501 South Redondo Center 

Drive, Yuma, AZ. 

ADDRESSES: Written comments: You may 

submit comments and information by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for Docket 

No. FWS–R8–ES–2010–0008 and then 

follow the instructions for submitting 

comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R8– 

ES–2010–0008; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

Public Hearings: The public hearings 

will be held at the University of 

California, Riverside (UCR) Palm Desert 

Graduate Center, 75-080 Frank Sinatra 

Drive, Palm Desert, CA 92211, and at 

the Radisson Hotel Yuma, 1501 South 

Redondo Center Drive, Yuma, AZ 

85365. 

We will post all comments and 

information we receive in writing and 

oral testimony offered at the public 

hearings on http://www.regulations.gov. 

This generally means that we will post 

any personal information you provide 

us (see the Information Solicited section 

below for more information). 

FOR FURTHER INFORMATION CONTACT: Jim 

Bartel, Field Supervisor, U.S. Fish and 

Wildlife Service, Carlsbad Fish and 

Wildlife Office, 6010 Hidden Valley 

Road, Suite 101, Carlsbad, CA 92011; 

telephone 760–431–9440; facsimile 

760–431–5901. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Information Solicited 

This document announces the 

reinstatement of the 1993 proposed rule, 

published in the Federal Register on 

November 29, 1993 (58 FR 62624), to 

list the flat-tailed horned lizard as a 

threatened species, and reopens the 

public comment period on this 

reinstated rulemaking. We intend any 

final action resulting from this proposal 

to be as accurate as possible. To ensure 

our determination is based on the best 

available scientific and commercial 

information, we request information on 

the flat-tailed horned lizard from 

governmental agencies, Native 

American Tribes, the scientific 

community, industry, and any other 

interested parties. We particularly seek 

information on: 

(1) The species’ biology, range, and 

population trends. 

(2) Past and ongoing conservation 

measures for the species, its habitat, or 

both, including how implementation of 

the Flat-tailed Horned Lizard 

Rangewide Management Strategy has 

affected the species in the United States. 

(3) Conservation measures for the 

species in Mexico. 

(4) The factors that are the basis for 

making a listing, delisting, or 

downlisting determination for a species 

under section 4(a) of the Endangered 

Species Act of 1973, as amended (Act; 

16 U.S.C. 1531 et seq.), which are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(c) Disease or predation; 

(d) The inadequacy of existing 

regulatory mechanisms; or 

(e) Other natural or manmade factors 

affecting its continued existence. 

(5) The taxonomic status of this 

species, or whether any population 

segments of the flat-tailed horned lizard 

are discrete or significant under our 

February 7, 1996, policy regarding the 

recognition of distinct vertebrate 

population segments (61 FR 4722). 

(6) The potential effects global climate 

change may have on the flat-tailed 

horned lizard or its habitat. 

You may submit your information 

concerning the proposed rule by one of 

the methods listed in the ADDRESSES

section. If you submit information via 

http://www.regulations.gov, your entire 

submission—including any personal 

identifying information—will be posted 

on the website. If you submit a 

hardcopy that includes personal 

identifying information, you may 

request at the top of your document that 

we withhold this personal identifying 

information from public review. 

However, we cannot guarantee that we 

will be able to do so. We will post all 

hardcopy submissions on http:// 

www.regulations.gov. 

Information and materials we receive, 

as well as supporting documentation we 

used in preparing previous listing 

determinations for the species, will be 

available for public inspection on http:// 

www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Carlsbad Fish and Wildlife 

Office (see FOR FURTHER INFORMATION

CONTACT). If you submitted comments or 

information previously on the proposed 

rule or during any of the previous open 

comment periods related to this 

proposed rule, please do not resubmit 

them. These comments have been 

incorporated into the public record and 

will be fully considered in the 

preparation of our final determination. 

Public Hearings 

We have scheduled two public 

hearings on the proposed rule. They 

will be held on the date listed in the 

DATES section at the address listed in the 

ADDRESSES section. 

Anyone wishing to make an oral 

statement at a public hearing for the 

record is encouraged to provide a 

written copy of their statement to us at 

that hearing. In the event there is a large 

attendance, the time allotted for oral 

statements may be limited. Speakers can 

sign up only at the hearings. Oral and 

written statements receive equal 

consideration. There are no limits on 

the length of written comments 

submitted to us. If you have any 

questions concerning the public hearing 

or need reasonable accommodations to 

attend and participate in the public 

hearing, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section as soon as possible, but 

no later than 1 week before the hearing 

date, to allow sufficient time to process 

requests. 

Previous Federal Actions 

On November 29, 1993, we published 

in the Federal Register a proposed rule 

to list the flat-tailed horned lizard as a 

threatened species under the Act (58 FR 

62624). On July 15, 1997, we published 

in the Federal Register a final 

determination to withdraw the proposed 

rule to list the flat-tailed horned lizard 

as a threatened species (62 FR 37852) 

based on various considerations 

including a reduction of threats to the 

species on public land and the existence 

of the Flat-tailed Horned Lizard 

Rangewide Management Strategy. 

The Defenders of Wildlife filed a 

complaint in the U.S. District Court for 

the Southern District of California 

challenging our 1997 withdrawal of the 

proposed rule. On June 16, 1999, the 

District Court upheld our decision to 

withdraw the proposed listing rule. The 

District Court’s decision was appealed 

and on July 31, 2001, and the Ninth 

Circuit Court of Appeals vacated the 

previous ruling of the District Court. In 

accordance with the Appeals Court’s 

ruling, we published a document in the 

Federal Register on December 26, 2001, 

reinstating the 1993 proposed rule and 

opening a 120–day public comment 

period (66 FR 66384). 

Subsequently, we reopened the 

comment period on the 1993 proposed 

rule twice, once on May 30, 2002 (67 FR 

37752) and again on September 24, 2002 

(67 FR 59809). 

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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 9379 

On January 3, 2003, we again 

published in the Federal Register a 

decision to withdraw the November 29, 

1993, proposed rule to list the flat-tailed 

horned lizard as a threatened species 

(68 FR 331). The Service found the 

lizard to be in danger of extirpation in 

the Coachella Valley; however, we 

determined that the Coachella Valley is 

not a significant portion of the species’ 

range. We concluded in the January 3, 

2003, withdrawal that the flat-tailed 

horned lizard populations on either side 

of the Imperial Valley/Salton Sea and in 

Arizona were not likely to become 

endangered in the foreseeable future 

and that listing the species was not 

warranted. 

The Tucson Herpetological Society 

and others filed a complaint with the 

District Court for the District of Arizona 

challenging the January 3, 2003, 

withdrawal of the proposed rule. In a 

ruling issued on August 30, 2005, the 

District Court for the District of Arizona 

issued an order granting plaintiffs’ 

motion for summary judgment, citing 

our failure to specifically evaluate the 

lost habitat of the flat-tailed horned 

lizard, and whether the amount of lost 

habitat represented a significant portion 

of the species’ range. On December 7, 

2005, we published a document in the 

Federal Register reinstating the 1993 

proposed rule (70 FR 72776). On March 

2, 2006, we reopened the public 

comment period on the 1993 proposed 

rule for the purpose of soliciting 

comments and information relevant to 

the specific issue identified in the 

District Court’s November 2005 ruling 

(i.e., whether the flat-tailed horned 

lizard’s lost historical habitat rendered 

the species likely to become in danger 

of extinction in the foreseeable future 

throughout all or a significant portion of 

its range) (71 FR 10631). We reopened 

an additional public comment period on 

the 2006 Federal Register notice from 

April 21, 2006, to May 8, 2006 (71 FR 

20637). 

After re-examining the lost historical 

habitat of the flat-tailed horned lizard in 

relation to our January 3, 2003, 

withdrawal, we determined that the lost 

historical habitat is not a significant 

portion of the species’ range, and its loss 

does not result in the species likely 

becoming endangered in the foreseeable 

future throughout all or a significant 

portion of its range. We published our 

decision to once again withdraw the 

November 29, 1993, proposed rule to 

list the flat-tailed horned lizard as a 

threatened species on June 28, 2006 (71 

FR 36745). 

Following a supplemental complaint 

from Tucson Herpetological Society and 

others challenging the 2006 withdrawal 

of the proposed rule to list the flat-tailed 

horned lizard under the Act, the United 

States District Court for the District of 

Arizona (the District Court) granted 

summary judgment in favor of the 

Secretary of the Interior; however, this 

ruling was appealed to the Court of 

Appeals for the Ninth Circuit. In a 

ruling issued on May 18, 2009, the 

Court of Appeals for the Ninth Circuit 

reversed the District Court’s ruling 

when it determined that in the context 

of the analysis of whether the lizard’s 

lost historical range constituted a 

significant portion of the species’ range, 

the administrative record did not 

support what the Court of Appeals for 

the Ninth Circuit viewed as the 

Service’s conclusion that flat-tailed 

horned lizard populations were stable 

and viable throughout most of its 

current range. 

On November 3, 2009, the District 

Court remanded the 2006 withdrawal to 

the Service for further consideration and 

reinstated the 1993 proposal to list the 

species. The District Court ordered the 

Service to complete this reconsideration 

within 12 months. The Service will 

complete its review of the best available 

scientific and commercial information, 

including information and comments 

submitted during this comment period, 

as part of the remand process. We will 

then complete a new listing 

determination. This document serves to 

notify the public of the reinstatement of 

the 1993 proposed rule, announce 

public hearings, and solicit information 

regarding the species and threats to it 

and its habitat. 

You may obtain copies of the original 

1993 proposed rule, and other previous 

Federal actions relating to the flat-tailed 

horned lizard by mail from the Carlsbad 

Fish and Wildlife Office (see FOR

FURTHER INFORMATION CONTACT section), 

or on the Internet at http://www.fws.gov/ 

Carlsbad, or by visiting the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. 

Author 

The primary authors of this notice are 

the staff members of the Carlsbad Fish 

and Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: February 17, 2010. 

Daniel M. Ashe, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2010–4071 Filed 3–1– 10; 8:45 am] 

BILLING CODE 4310–55–S 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS