9376 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Act; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Oxides of 

Nitrogen, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 18, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2010–4306 Filed 3–1–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 395 

[Docket No. FMCSA–2004–19608] 

RIN 2126–AB26 

Hours of Service 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of public listening 

session. 

SUMMARY: FMCSA announces that it will 

hold a fifth public listening session (in 

addition to the four sessions held in 

January 2010) to solicit comments and 

information on potential hours-ofservice (HOS) regulations. Specifically, 

the Agency wants to know what factors, 

issues, and data it should be aware of as 

it prepares to issue a notice of proposed 

rulemaking (NPRM) on HOS 

requirements for property-carrying 

commercial motor vehicle (CMV) 

drivers. This session will be held in the 

Louisville, Kentucky area in 

conjunction with the Mid-America 

Trucking Show. The listening session 

will allow interested persons to present 

comments, views, and relevant research 

on revisions FMCSA should consider in 

its forthcoming rulemaking. All 

comments will be transcribed and 

placed in the rulemaking docket for the 

FMCSA’s consideration. 

DATES: This listening session will be 

held on Friday, March 26, 2010, in 

Louisville, Kentucky. It will begin at 10 

a.m. local time and end at 6 p.m., or 

earlier, if all participants wishing to 

express their views have done so. 

ADDRESSES: The listening session will 

be held at the Mid-America Trucking 

Show at the Kentucky Exposition 

Center, South Wing Room B101, 937 

Phillips Lane, Louisville, Kentucky 

40209–1331. The Kentucky Exposition 

Center may be contacted at (502) 367– 

5000 for directions. Each person 

attending may attend the trucking show 

and the listening session free of charge, 

if they pre-register online with the MidAmerica Trucking Show organizer at 

http://truckingshow.com/attendee/ 

attendee-registration. Attendees preregistering must print out their 

confirmation page after registering and 

present it at the Kentucky Exposition 

Center door to be admitted free. 

Otherwise, admission to the trucking 

show on March 26 will be $5.00. 

You may submit comments bearing 

the Federal Docket Management System 

(FDMS) Docket ID FMCSA–2004–19608 

using any of the following methods. 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or to 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The online Federal document management 

system is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/ 

E8-785.pdf. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the hours-ofservice rules, contact Mr. Tom Yager, 

Chief, Driver and Carrier Operations 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

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