Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 1889 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Virginia: Henrico ...... Unincorporated 

areas of Henrico 

County (10–03– 

0514P).

December 14, 2010; December 

21, 2010; The Richmond 

Times-Dispatch.

Mr. Virgil R. Hazelett, Henrico County 

Manager, 4301 East Parham Road 

Henrico, VA 23228.

April 20, 2011 ................. 510077 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: December 27, 2011. 

Sandra K. Knight, 

Deputy Associate Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2012–488 Filed 1–11–12; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 8, 12, 16, 19, 38, and 52 

[FAC 2005–54; FAR Case 2011–024; Item 

VI; Docket 2011–0024, Sequence 1] 

RIN 9000–AM12 

Federal Acquisition Regulation; SetAsides for Small Business; Extension 

of Comment Period 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule; extension of 

comment period. 

SUMMARY: DoD, GSA, and NASA issued 

an interim rule on November 2, 2011, 

amending the Federal Acquisition 

Regulation (FAR) to implement section 

1331 of the Small Business Jobs Act of 

2010 (Jobs Act). Section 1331 addresses 

set-asides of task- and delivery-orders 

under multiple-award contracts, partial 

set-asides under multiple-award 

contracts, and the reserving of one or 

more multiple-award contracts that are 

awarded using full and open 

competition. Within this same context, 

section 1331 also addresses the Federal 

Supply Schedules Program managed by 

GSA. DoD, GSA, and NASA are 

coordinating with the Small Business 

Administration (SBA) on the 

development of an SBA proposed rule 

that will provide greater detail regarding 

implementation of section 1331 

authorities. The comment period is 

being extended to provide additional 

time for interested parties to review the 

FAR changes of FAR Case 2011–024, 

Set-Asides for Small Business, to 

February 13, 2012. 

DATES: The comment period for the 

interim rule published November 2, 

2011, at 76 FR 68032, and effective 

November 2, 2011, is extended. 

Interested parties should submit written 

comments to the Regulatory Secretariat 

on or before February 13, 2012. 

ADDRESSES: Submit comments 

identified by FAC 2005–54, FAR Case 

2011–024, by any of the following 

methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR Case 2011–024’’ under 

the heading ‘‘Enter Keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘FAR Case 2011–024.’’ Follow the 

instructions provided at the ‘‘Submit a 

Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘FAR Case 2011–024’’ on your attached 

document. 

• Fax: (202) 501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Hada Flowers, 1275 

First Street NE., 7th Floor, Washington, 

DC 20417. 

Instructions: Please submit comments 

only and cite FAC 2005–54, FAR Case 

2011–024, in all correspondence related 

to this case. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Karlos Morgan, Procurement Analyst, at 

(202) 501–2364, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. Please cite FAC 2005–54, FAR 

Case 2011–024. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

76 FR 68032, November 2, 2011. The 

comment period is extended to provide 

additional time for interested parties to 

review and submit comments on the 

published FAR changes until February 

13, 2012. 

List of Subjects in 48 CFR Parts 8, 12, 

16, 19, 38, and 52 

Government procurement. 

Dated: January 9, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy. Office of Governmentwide Policy. 

[FR Doc. 2012–455 Filed 1–11–12; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 391 

[Docket No. FMCSA–2010–0096] 

RIN 2126–AB29 

Drivers of CMVs: Restricting the Use of 

Cellular Phones; Technical 

Amendment 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FMCSA amends its 

December 3, 2011, final rule that 

restricted the use of hand-held mobile 

telephones by drivers of commercial 

motor vehicles. That rule was jointly 

issued by FMCSA and Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA), but this 

technical amendment only affects an 

FMCSA regulation. The purpose of this 

rule is to correct a clerical error. 

DATES: This final rule is effective 

January 12, 2012. 

ADDRESSES: Public Access to the Docket: 

You may view, print, and download this 

final rule and all related documents and 

background material on-line at http:// 

www.regulations.gov, using the Docket 

ID Number FMCSA–2010–0096. These 

documents can also be examined at the 

U.S. Department of Transportation, 

Docket Operations, West BuildingGround 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on today’s final rule, 

please contact: Mr. Brian Routhier, 


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1890 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 

Vehicle and Roadside Operation 

Division, Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

telephone (202) 366–4325. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

The legal basis of the 2011 final rule 

is also applicable to this rule. See 76 FR 

75472–75474, December 2, 2011. 

Background 

The December 3, 2011, Drivers of 

CMVs: Restricting the Use of Cellular 

Phones final rule (76 FR 75470) had a 

clerical error in § 391.15(f)(1) that stated 

‘‘paragraph (g)(2)’’ instead of ‘‘paragraph 

(f)(2)’’. Today’s final rule corrects this 

clerical error. 

Agency’s Assessment And Decision 

The Agency decided to issue this 

amendment because the change is 

necessary to correct a clerical error that 

may confuse the public. 

Rulemaking Analyses and Notices 

Administrative Procedure Act 

If an Agency determines that the prior 

notice and opportunity for public 

comment on a rule normally required by 

the Administrative Procedure Act are 

impracticable, unnecessary, or contrary 

to the public interest (the so-called 

‘‘good cause’’ finding), it may publish 

the rule without providing such notice 

and opportunity for comment. (See 5 

U.S.C. 553(b).) The amendment made by 

this final rule makes a change to correct 

an inadvertent clerical error. For these 

reasons, FMCSA finds good cause that 

notice and public comment are 

unnecessary. Further, the Agency finds 

good cause under 5 U.S.C. 553(d)(3) to 

make the amendments effective upon 

publication. 

Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), and DOT 

Regulatory Policies and Procedures 

The FMCSA has determined that this 

action is not a significant regulatory 

action within the meaning of Executive 

Order 12866, as supplemented by 

Executive Order 13563 (76 FR 3821, Jan. 

21, 2011), or within the meaning of the 

Department of Transportation regulatory 

policies and procedures. The Office of 

Management and Budget (OMB) did not 

review this document. The Agency 

expects the final rule will have minimal 

costs; therefore, a full regulatory 

evaluation is unnecessary. 

Regulatory Flexibility Act 

In compliance with the Regulatory 

Flexibility Act (5 U.S.C. 601–612), 

FMCSA has evaluated the effects of this 

rule on small entities. The rule corrects 

a clerical error; therefore, I certify that 

this action will not have a significant 

economic impact on a substantial 

number of small entities. 

Unfunded Mandates Reform Act of 1995 

This rulemaking does not impose an 

unfunded Federal mandate, as defined 

by the Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1532, et seq.), that will 

result in the expenditure by a State, 

local, or tribal government, in the 

aggregate, or by the private sector, of 

$143.1 million (which is the value of 

$100 million in 2010 after adjusting for 

inflation) or more in any 1 year. 

Executive Order 12988 (Civil Justice 

Reform) 

This action meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Executive Order 13045 (Protection of 

Children) 

The FMCSA analyzed this action 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. The Agency determined that this 

rulemaking does not concern an 

environmental risk to health or safety 

that may disproportionately affect 

children. 

Executive Order 12630 (Taking of 

Private Property) 

This rulemaking does not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Executive Order 13132 (Federalism) 

The FMCSA analyzed this rule in 

accordance with the principles and 

criteria contained in Executive Order 

13132. Although the 2011 final rule had 

possible Federalism implications, 

FMCSA determined that it did not 

create a substantial direct effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. This rulemaking 

does not change that determination in 

any way. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations implementing 

Executive Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this action. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that FMCSA 

consider the impact of paperwork and 

other information collection burdens 

imposed on the public. The Agency has 

determined that no new information 

collection requirements are associated 

with the technical amendments to this 

final rule. 

National Environmental Policy Act 

The FMCSA analyzed this final rule 

for the purpose of the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) and determined 

under our environmental procedures 

Order 5610.1, published March 1, 2004 

(69 FR 9680), that this action does not 

have any significant impact on the 

environment. In addition, the actions in 

this final rule are categorically excluded 

from further analysis and 

documentation as per paragraph 6.b of 

Appendix 2 of FMCSA’s Order 5610.1. 

The FMCSA also analyzed this rule 

under the Clean Air Act, as amended 

(CAA), section 176(c) (42 U.S.C. 7401 et 

seq.), and implementing regulations 

promulgated by the Environmental 

Protection Agency. Approval of this 

action is exempt from the CAA’s general 

conformity requirement since the action 

results in no increase in emissions. 

Executive Order 13211 (Energy Effects) 

The FMCSA analyzed this action 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The Agency has 

determined that it is not a ‘‘significant 

energy action’’ under that Executive 

Order because it is not economically 

significant and is not likely to have an 

adverse effect on the supply, 

distribution, or use of energy. 

List of Subjects in 49 CFR Part 391 

Alcohol abuse, Drug abuse, Drug 

testing, Highway safety, Motor carriers, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

In consideration of the foregoing, 

FMCSA amends Part 391 of Title 49, 

Code of Federal Regulations, as follows: 


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Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 1891 

PART 391—QUALIFICATIONS OF 

DRIVERS AND LONGER 

COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS 

■ 1. The authority citation for part 391 

continues to read as follows: 

Authority: 49 U.S.C. 504, 508, 31133, 

31136, and 31502; sec. 4007(b), Pub. L. 102– 

240, 105 Stat. 1914, 2152; sec. 114, Pub. L. 

103–311, 108 Stat. 1673, 1677; sec. 215, Pub. 

L. 106–159,113 Stat. 1748, 1767; and 49 CFR 

1.73. 

§ 391.15 [Amended] 

■ 2. Amend § 391.15, in paragraph (f)(1), 

by removing the removing ‘‘(g)(2)’’and 

adding ‘‘(f)(2)’’ in its place. 

Issued on: January 5, 2012. 

Larry Minor, 

Associate Administrator for Policy, Federal 

Motor Carrier Safety Administration. 

[FR Doc. 2012–428 Filed 1–11–12; 8:45 am] 

BILLING CODE 4910–EX–P 


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