5324 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8:00 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Please see the direct final rule which 

is located in the Rules Section of this 

Federal Register for detailed instruction 

on how to submit comments. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Freeman, U.S. Environmental 

Protection Agency, Region 8, Air 

Program, Mail Code 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6602, 

freeman.crystal@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

direct final action, of the same title, 

which is located in the Rules section of 

this Federal Register. EPA is approving 

the attainment determination as a direct 

final rule without prior proposal 

because EPA views this as a 

noncontroversial action and anticipates 

no adverse comments. A detailed 

rationale for the approval is set forth in 

the preamble to the direct final rule. If 

EPA receives no adverse comments, 

EPA will not take further action on this 

proposed rule. 

If EPA receives adverse comments, 

EPA will withdraw the direct final rule 

and it will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if we receive adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: January 20, 2011. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2011–2120 Filed 1–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 385, 386, 390, and 395 

[Docket No. FMCSA–2004–19608] 

RIN 2126–AB26 

Hours of Service of Drivers 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of public listening 

session and on-line comment and 

question session. 

SUMMARY: FMCSA announces that it will 

hold a public listening session to solicit 

comments and information on its notice 

of proposed rulemaking (NPRM) on 

hours-of-service (HOS) requirements, 

which it published in the Federal 

Register on December 29, 2010. 

Specifically, the Agency wants to know 

what factors, issues, and data it should 

consider as it analyzes responses to its 

NPRM on HOS requirements for 

property-carrying commercial motor 

vehicle (CMV) drivers. The session, 

which will be held in Arlington, 

Virginia, will allow interested persons 

to present comments, views, and 

relevant new research that FMCSA 

should consider in its final rule. All 

comments will be transcribed and 

placed in the rulemaking docket for 

FMCSA’s consideration. FMCSA also 

announces that it will hold an on-line 

comment and question session on the 

same day, a transcript of which will also 

be placed in the rulemaking docket. 

DATES: The listening session will be 

February 17, 2011, in Arlington, VA 

(near Washington, DC). The listening 

session will begin at 10 a.m. and end at 

5 p.m. e.t., or earlier, if all participants 

wishing to express their views have 

done so. The on-line comment and 

question session will be held from Noon 

to Midnight e.t. 

ADDRESSES: The February 17, 2011, 

meeting will be held at the Crowne 

Plaza Washington National Airport, 

1480 Crystal Drive, Arlington, VA 

22202. The hotel telephone number is 

800–972–3159. 

Internet Address for Alternative 

Media Broadcasts During and 

Immediately After the Listening Session. 

FMCSA will post specific information 

on how to participate via the Internet 

and telephone on the FMCSA Web site 

at http://www.fmcsa.dot.gov/rulesregulations/topics/hos/HOS–ListeningSessions.aspx. 

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 

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. e.t., 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 visit 

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. e.t., 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 Federal Docket 

Management System 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 HOS rules, 

contact Mr. Thomas Yager, Chief, 

FMCSA Driver and Carrier Operations 

Division, (202) 366–4325. 

If you need sign language assistance 

to participate in this HOS listening 

session, contact Mr. David Miller, 

FMCSA Regulatory Development 

Division, (202) 366–5370 or at 

FMCSAregs@dot.gov, by Thursday, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 5325 

February 10, 2011, 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 July 25, 2010, FMCSA submitted 

a draft HOS NPRM to OMB and on 

December 29, 2010, published the 

NPRM (75 FR 82170). The NPRM 

proposed to revise the regulations for 

hours of service for drivers of propertycarrying commercial motor vehicles 

(CMVs). 

II. Meeting Participation and 

Information FMCSA Seeks From the 

Public 

The listening session is open to the 

public. Speakers’ remarks will be 

limited to 5 minutes each. The public 

may submit material to the FMCSA staff 

at the session for inclusion in the public 

docket, FMCSA–2004–19608. 

The Agency seeks data and answers 

relating to the following issues and 

questions. The comments sought below 

may be submitted in written form at the 

session and summarized verbally, if 

desired. 

1. Driving Time. FMCSA is seeking 

additional studies or data that examine 

in greater detail the fatigue and safety 

differences between driving in the 10th 

and 11th hours. FMCSA is also 

interested in data that indicate when 

and how frequently the 11th hour is 

used. It seeks data on how much of the 

11th hour is used when a driver goes 

beyond the 10th hour. 

1a. For example, on days in which the 

driver both picks up and delivers a 

truckload, how often does the driver 

reach the 11th hour of driving? 

1b. When the driver drives over 10 

hours, is it by 5 minutes or by 55 

minutes? 

1c. What is the percentage of driving 

that takes place in each hour compared 

to total driving that occurs? 

2. Duty Time/Driving Window. 

FMCSA is soliciting information on 

patterns of work for night drivers: 

2a. For drivers who always drive at 

night, what is the typical length of their 

duty day? 

2b. For drivers who sometimes drive 

at night, how frequently do they do 

that? 

2c. FMCSA is seeking comments on 

whether drivers who drive at least 3 

hours between midnight and 6 a.m. 

should have an hour less duty time 

available (12 hours rather than 13) to 

provide a longer period to obtain sleep. 

3. Time-On-Task (TOT) Function. The 

Agency seeks comment on whether its 

approach to estimating its TOT function 

is reasonable given the lack of good 

exposure data. The Agency is interested 

in any suggestions for improving its 

approach for estimating TOT effects, 

especially information on where it 

might obtain better data on exposure 

and other driver characteristics that 

would enable it to improve its 

estimation of how or whether crash risk 

varies over successive hours of daily 

driving. 

4. Cumulative Fatigue. The Agency 

seeks comment on whether its 

methodology for evaluating cumulative 

fatigue and its impact on driving 

performance is reasonable. The Agency 

also welcomes further information on 

the effects of cumulative fatigue, 

particularly in the form of scientific 

studies or data that would allow better 

evaluation of cumulative fatigue and its 

impact on workplace safety, driver 

safety performance, and productivity. 

III. Alternative Media Broadcasts 

During and Immediately After the 

Listening Session on February 17, 2011 

FMCSA will Web cast the listening 

session on the Internet and will have 

telephone lines available for those 

wishing to participate by telephone. 

FMCSA will also open a window on its 

Web site for commenters to send in 

comments and questions. That session 

will be open from Noon e.t. through 

Midnight e.t. During the separate 

Internet question and comment session, 

FMCSA representatives will respond to 

questions and provide clarification on 

the NPRM, subject to Administrative 

Procedure Act restrictions which 

prohibit Agency officials from engaging 

in policy discussions about open 

rulemaking proceedings. Specific 

information on how to participate via 

the Internet and the telephone access 

number will be on the FMCSA Web site 

at http://www.fmcsa.dot.gov/rulesregulations/topics/hos/HOS–ListeningSessions.aspx. 

FMCSA will docket the transcripts 

from the Internet comment and question 

session, as well as the webcast 

transcript and a separate transcription of 

the listening session that will be 

prepared by an official court reporter. 

Issued on: January 26, 2011. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2011–2084 Filed 1–28–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 110114034–1033–01] 

RIN 0648–BA33 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Control Date 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advanced notice of proposed 

rulemaking; consideration of a control 

date. 

SUMMARY: NMFS announces that it is 

establishing a new control date to 

control future access to the snappergrouper fishery operating in the 

exclusive economic zone (EEZ) of the 

South Atlantic. If changes to the 

management regime are developed and 

implemented under the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), a control date could be used to 

further limit the number of participants 

in the fishery. This announcement is 

intended, in part, to promote awareness 

of the potential eligibility criteria for 

future access so as to discourage 

speculative entry into the fishery while 

the South Atlantic Fishery Management 

Council (Council) and NMFS consider 

whether and how access to the snappergrouper fishery should be controlled. 

DATES: Written comments must be 

received on or before 5 p.m., eastern 

time, March 2, 2011. 

ADDRESSES: You may submit comments, 

identified by 0648–BA33, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: Attn: Karla Gore 727–824– 

5308. 

• Mail: Karla Gore, NMFS Southeast 

Regional Office, Sustainable Fisheries 

Division, 263 13th Avenue South, St. 

Petersburg, FL 33701. 

Instructions: 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 (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 


emcdonald on DSK2BSOYB1PROD with PROPOSALS