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
5326 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 

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, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: Kim 

Iverson, Public Information Officer, 

South Atlantic Fishery Management 

Council; toll free 1–866–SAFMC–10 or 

843–571–4366; kim.iverson@safmc.net. 

SUPPLEMENTARY INFORMATION: At the 

September 2010 meeting, the Council 

voted to establish a new control date of 

September 17, 2010, for the snappergrouper fishery in the South Atlantic, 

due to concern that the previous control 

date established for the snapper-grouper 

fishery of October 14, 2005 (70 FR 

60058; October 14, 2005), was almost 

five years old. 

The control date would apply to 

persons who are contemplating entering 

the snapper-grouper fishery in the EEZ 

of the South Atlantic region. The 

Council requested that this control date 

be published in the Federal Register to 

notify fishermen that if they enter such 

a fishery after September 17, 2010, they 

may not be assured of future access if 

the Council and/or NMFS decide to 

further limit entry or impose other 

measures to manage the snappergrouper fishery. 

Establishment of the new control date 

for the snapper-grouper fishery would 

allow the Council to evaluate the level 

of participation in the snapper-grouper 

fishery and address any level of 

overcapacity. Control dates are intended 

to discourage speculative entry into a 

fishery, as new entrants entering the 

fishery after the control date are 

forewarned that they are not guaranteed 

future participation in the fishery. 

Establishment of this control date 

does not commit the Council or NMFS 

to any particular management regime or 

criteria for entry into the snappergrouper fishery. Fishermen are not 

guaranteed future participation in the 

fishery regardless of their level of 

participation before or after the control 

date. The Council may recommend a 

different control date or it may 

recommend a management regime that 

does not involve a control date. Other 

criteria, such as documentation of 

landings or fishing effort, may be used 

to determine eligibility for participation 

in a limited access fishery. The Council 

and/or NMFS also may choose to take 

no further action to control entry or 

access to the fisheries, in which case the 

control date may be rescinded. Any 

action by the Council will be taken 

pursuant to the requirements for fishery 

management plan and amendment 

development established under the 

Magnuson-Stevens Act. 

This notification also gives the public 

notice that interested participants 

should locate and preserve records that 

substantiate and verify their 

participation in the snapper-grouper 

fishery in the South Atlantic EEZ. 

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

Dated: January 25, 2011. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2011–2125 Filed 1–28–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 110114033–1032–01] 

RIN 0648–BA32 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; King and 

Spanish Mackerel Coastal Migratory 

Pelagic 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 king and 

Spanish mackerel components of the 

coastal migratory pelagics fishery 

operating in the exclusive economic 

zone (EEZ) of the South Atlantic. If 

changes to the management regime are 

developed and implemented under the 

Magnuson-Stevens 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 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–BA32, 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 

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, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: Kim 

Iverson, Public Information Officer, 

South Atlantic Fishery Management 

Council; toll free 1–866–SAFMC–10 or 

843–571–4366; kim.iverson@safmc.net. 

SUPPLEMENTARY INFORMATION: At the 

September 2010 Council meeting, the 

Council recommended a new control 

date of September 17, 2010, for king and 

Spanish mackerel. The Council 

requested a new control date for the 

king and Spanish mackerel components 

because the Gulf of Mexico Fishery 

Management Council is beginning to 

look at latent permits which may 

ultimately impact the Council. A 

previous control date for the 

commercial king and Spanish mackerel 

components had been established on 

June 15, 2004 (70 FR 67985). The 

control date would apply to persons 

who are contemplating fishing for king 

and Spanish mackerel in the EEZ of the 

South Atlantic region. The Council 

requested that this control date be 

published in the Federal Register to 

notify fishermen that if they enter such 

a fishery after September 17, 2010, they 

may not be assured of future access if 

the Council and/or NMFS decide to 

further limit entry or impose other 

measures to manage this segment of the 

coastal migratory pelagics fishery. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS