16388 Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Proposed Rules 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2007– 

1186.’’ EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: EPA has established a docket 

for this action under Docket 

Identification No. EPA–R04–OAR– 

2007–1186. All documents in the docket 

are listed on the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that, if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Zuri Farngalo, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, Region 4, U.S. Environmental 

Protection Agency, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9152. 

Mr. Farngalo can also be reached via 

electronic mail at 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was signed by the Acting 

Regional Administrator on January 20, 

2010, and published in the Federal 

Register on January 20, 2010 (75 FR 

3183). The comment period for this 

proposed action closed on February 19, 

2010. EPA did receive adverse 

comments during this public comment 

period. However, EPA noticed an 

inadvertent omission of the July 15, 

2009, supplement that Kentucky, 

provided from the electronic docket at 

http://www.regulations.gov. The July 15, 

2009, supplement (which was included 

in the electronic docket on February 4, 

2010), contains updated emissions 

inventory projections for both the 

Paducah and Owensboro Areas. Since 

EPA makes reference to this supplement 

in the January 20, 2010, proposed 

rulemaking, EPA is reopening the 

comment period for this proposed 

action for the limited purpose of 

allowing the public the opportunity to 

review and consider this supplemental 

information in regards to EPA’s 

proposed rulemaking. EPA is already in 

receipt of adverse comments provided 

for the initial proposed rulemaking 

published on January 20, 2010, for the 

Owensboro 110(a)(1) maintenance plan. 

These comments will still be under 

consideration for any final rulemaking 

action for this area’s 110(a)(1) 

maintenance plan. 

Dated: March 17, 2010. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–7317 Filed 3–31–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–1014–201002; FRL– 

9133–1] 

Approval and Promulgation of 

Implementation Plans; Commonwealth 

of Kentucky: Prevention of Significant 

Deterioration and Nonattainment New 

Source Review Rules: Nitrogen Oxide 

as Precursor to Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to Kentucky’s State 

Implementation Plan (SIP), submitted 

by the Kentucky Energy and 

Environment Cabinet, through the 

Kentucky Division of Air Quality 

(KDAQ) to EPA on February 5, 2010. 

The proposed revision modifies 

Kentucky’s prevention of significant 

deterioration (PSD) and nonattainment 

new source review (NNSR) permitting 

regulations in the SIP to address permit 

requirements promulgated in the 1997 

8-Hour Ozone National Ambient Air 

Quality Standards (NAAQS) 

Implementation Rule—Phase 2 

(hereafter referred to as the ‘‘Ozone 

Implementation NSR Update’’). The 

Ozone Implementation NSR Update 

revised permit requirements relating to 

the implementation of the 1997 8-hour 

ozone NAAQS specifically 

incorporating nitrogen oxides (NOX) as 

a precursor to ozone. The proposed 

revision also includes provisions 

addressing permit requirements 

promulgated by EPA on May 1, 2007, 

which exclude from the NSR major 

source permitting requirements 

‘‘chemical process plants’’ that produce 

ethanol through a natural fermentation 

process (hereafter referred to as the 

‘‘Ethanol Rule’’.) 

DATES: Comments must be received on 

or before May 3, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2009–1014, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2009–1014, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Proposed Rules 16389 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2009– 

1014.’’ EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Kentucky SIP, 

contact Ms. Twunjala Bradley, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9352; 

e-mail address: 

bradley.twunjala@epa.gov. For 

information regarding NSR, contact Ms. 

Yolanda Adams, Air Permits Section, at 

the same address above. Telephone 

number: (404) 562–9214; e-mail 

address: adams.yolanda@epa.gov. For 

information regarding 8-hour ozone 

NAAQS, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Telephone number: 

(404) 562–9029; e-mail address: 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Action Is EPA Proposing Today? 

II. What Is the Background for the Action 

That EPA Is Proposing To Take Today? 

III. What Is EPA’s Analysis of Kentucky’s SIP 

Revision? 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Proposing 

Today? 

The Commonwealth of Kentucky, 

through KDAQ, submitted a revision on 

February 5, 2010, to the Kentucky SIP 

which relates to Kentucky’s Air Quality 

Regulations, Chapter 51—401 KAR 

51:001 ‘‘Definitions for 401 KAR Chapter 

51,’’ 401 KAR 51:017 ‘‘Prevention of 

Significant Deterioration of Air Quality,’’ 

and 401 KAR 51:052 ‘‘Review of New 

Sources in or Impacting upon 

Nonattainment Areas.’’ The SIP revision 

addresses the Ozone Implementation 

NSR Update requirements for Kentucky 

to include NOX as an ozone precursor 

for permitting purposes. Specifically, 

the Ozone Implementation NSR Update 

requirements included changes to major 

source thresholds for sources in certain 

classes of nonattainment areas, changes 

to offset ratios for marginal, moderate, 

serious, severe, and extreme ozone 

nonattainment areas, provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation, and a requirement stating 

that NOX emissions are ozone 

precursors. The proposed revision also 

includes provisions for excluding 

‘‘chemical process plants’’ that produce 

ethanol through a natural fermentation 

process from the NSR major source 

permitting requirements. Pursuant to 

section 110 of the Clean Air Act (CAA 

or Act), EPA is proposing to approve 

these revisions into the Kentucky SIP. 

Additionally, the rule revision 

provided in Kentucky’s February 5, 

2010, submittal updates Kentucky’s PSD 

and NSR permitting regulations to make 

them consistent with changes to the 

Federal regulations by removing the 

existing standards and requirements for 

clean units (CU) and pollution control 

projects (PCP). However, EPA is not 

taking action on the Kentucky rule 

updates regarding CU and PCP because 

these portions of Kentucky’s rule are 

specifically not approved into 

Kentucky’s federally-approved SIP. 

II. What Is the Background for the 

Action That EPA Is Proposing To Take 

Today? 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.08 

parts per million—also referred to as the 

1997 8-hour ozone NAAQS. On April 

30, 2004, EPA designated areas as 

attainment, nonattainment and 

unclassifiable for the 1997 8-hour ozone 

NAAQS. As part of the 2004 

designations, EPA also promulgated an 

implementation rule for the 1997 8-hour 

ozone NAAQS in two phases. Phase 1 

of EPA’s 1997 8-hour ozone 

implementation rule (Phase 1 Rule), 

published on April 30, 2004, effective 

on June 15, 2004, provided the 

implementation requirements for 

designating areas under subpart 1 and 

subpart 2 of the CAA (69 FR 23857). 

On November 29, 2005, EPA 

promulgated the second phase for 

implementation provisions related to 

the 1997 8-hour ozone standards—also 

known as the Phase 2 Rule (70 FR 

71612). The Phase 2 Rule addressed 

control and planning requirements as 

they applied to areas designated 

nonattainment for the 1997 8-hour 

ozone NAAQS such as reasonably 

available control technology, reasonably 

available control measures, reasonable 

further progress, modeling and 

attainment demonstrations and NSR, 

and the impact to reformulated gas for 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1
16390 Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Proposed Rules 

1On December 31, 2002 (67 FR 80186), EPA 

published final rule changes to 40 CFR parts 51 and 

52, regarding the CAA’s PSD and NNSR programs. 

On November 7, 2003 (68 FR 63021), EPA 

published a notice of final action on the 

reconsideration of the December 31, 2002, final rule 

changes. The December 31, 2002, and the November 

7, 2003, final actions are collectively referred to as 

the ‘‘2002 NSR Reform Rules.’’ On June 24, 2005, the 

United States Court of Appeals for the DC Circuit 

Court vacated portions of the 2002 NSR Reform 

Rules pertaining to CU and PCP. 

the 1997 8-hour ozone NAAQS 

transition. Specific to this rulemaking, 

the Phase 2 Rule made changes to 

Federal regulations 40 CFR 51.165 and 

51.166, which govern the NNSR and 

PSD permitting programs. Pursuant to 

these changes, states were required to 

submit SIP revisions incorporating NOX

as an ozone precursor by no later than 

June 15, 2007. Kentucky’s February 5, 

2010, SIP submission (the subject of this 

action) addresses the state requirement 

to adopt provisions to include NOX as 

a precursor for ozone for PSD and NNSR 

permitting purposes. 

In addition, on May 1, 2007, EPA 

promulgated revisions to the PSD and 

NNSR regulations to address 

applicability of permitting requirements 

for ‘‘chemical process plants’’ (72 FR 

24059). The revisions to 40 CFR 51.165, 

51.166, 52.21, and Appendix S, define 

‘‘chemical process plants’’ under the 

regulatory definition of ‘‘major 

stationary source’’ to exclude ethanol 

manufacturing facilities that produce 

ethanol by natural fermentation 

processes. Kentucky’s February 5, 2010, 

SIP submission addresses these 

minimum program elements of the PSD 

and NNSR programs for ‘‘chemical 

processing plants.’’ 

III. What Is EPA’s Analysis of 

Kentucky’s SIP Revision? 

On February 5, 2010, the 

Commonwealth of Kentucky submitted 

a revision to EPA for approval which 

revised the Commonwealth’s permitting 

provisions to adopt EPA’s Federal 

regulations specified in the Ozone 

Implementation NSR Update relating to 

the incorporation of NOX as an ozone 

precursor and to address permitting 

requirements specified in EPA’s Ethanol 

Rule. Specifically, the revision relates to 

Kentucky’s Air Quality Regulations, 

Chapter 51—401 KAR 51:001 

‘‘Definitions for 401 KAR Chapter 51,’’ 

401 KAR 51:017 ‘‘Prevention of 

Significant Deterioration of Air Quality,’’ 

and 401 KAR 51:052 ‘‘Review of New 

Sources in or Impacting upon 

Nonattainment Areas.’’ The revision 

became state-effective on February 5, 

2010. The submittal revised Kentucky’s 

PSD and NNSR permit programs to 

make them consistent with changes to 

the Federal regulations set forth in the 

Ozone Implementation NSR Update. 

These changes include changes to major 

source thresholds for sources in certain 

classes of nonattainment areas, changes 

to offset ratios for marginal, moderate, 

serious, severe, and extreme ozone 

nonattainment areas, provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation, and a requirement stating 

that NOX emissions are ozone 

precursors. In addition, the submittal 

revised Kentucky’s PSD and NNSR 

permit programs to make them 

consistent with changes to the Federal 

regulations set forth in EPA’s Ethanol 

Rule. These changes include changes to 

the regulatory definition of ‘‘major 

stationary source’’ to exclude ethanol 

manufacturing facilities that produce 

ethanol by natural fermentation 

processes. These changes affect both the 

applicability threshold and whether this 

industry must count fugitive emissions 

in determining its major source status. 

The revision included in Kentucky’s 

PSD and NNSR programs are 

substantively the same as the Ozone 

Implementation NSR Update and the 

Ethanol Rule. The Kentucky rules have 

been formatted to conform to Kentucky 

rule drafting standards (KRS Chapter 

13A), but in substantive content the 

rules are the same as the Federal rules. 

As part of its review of the Kentucky 

submittal, EPA performed a line-by-line 

review of the proposed revisions and 

has determined that they are consistent 

with the permit program requirements 

for NSR, set forth at 40 CFR 51.165 and 

51.166. 

Kentucky’s February 5, 2010, SIP 

submission providing the PSD and 

NNSR rule revisions also includes the 

removal of provisions that were vacated 

by the United States Court of Appeals 

for the District of Columbia Circuit.1

Since EPA did not take action on 

Kentucky’s SIP with regard to the 

vacated portions (i.e., these provisions 

were not incorporated into the federallyapproved SIP), EPA is not taking action 

through this rulemaking on the removal 

of these provisions as provided in 

Kentucky’s February 5, 2010, submittal. 

IV. Proposed Action 

Pursuant to section 110 of the CAA, 

EPA is proposing to approve Kentucky’s 

SIP revision, submitted February 5, 

2010, which incorporates NOX as an 

ozone precursor for permitting purposes 

into the Kentucky SIP, and addresses 

major source applicability for ethanol 

manufacturing facilities. EPA is 

proposing to approve these revisions 

because they are consistent with the 

CAA, and EPA regulation and policy. 

V. Statutory and Executive Order 

Reviews. 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting Federal requirements and does 

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 CAA; 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. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Proposed Rules 16391 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 17, 2010. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–7319 Filed 3–31–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 383, 384, 390, 391, and 

392 

[Docket No. FMCSA–2009–0370] 

RIN 2126–AB22 

Limiting the Use of Wireless 

Communication Devices 

AGENCY: Federal Motor Carrier Safety 

Administration, DOT. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

proposes to prohibit texting by 

commercial motor vehicle (CMV) 

drivers while operating in interstate 

commerce and to impose sanctions, 

including civil penalties and 

disqualification from operating CMVs in 

interstate commerce, for drivers who fail 

to comply with this rule. Additionally, 

motor carriers would be prohibited from 

requiring or allowing their drivers to 

engage in texting while driving. FMCSA 

also proposes amendments to its 

commercial driver’s license (CDL) 

regulations to add to the list of 

disqualifying offenses a conviction 

under State or local laws, regulations, or 

ordinances that prohibit texting by CDL 

drivers while operating a CMV, 

including school bus drivers. Recent 

research commissioned by FMCSA 

shows that the odds ratio of being 

involved in a safety-critical event (e.g., 

crash, near-crash, lane departure) is 23.2 

times greater for drivers who engage in 

texting while driving than for those who 

do not. This rulemaking would increase 

safety on the Nation’s highways by 

reducing the prevalence of or preventing 

certain truck- and bus-related crashes, 

fatalities, and injuries associated with 

distracted driving. 

DATES: Comments and related material 

must be received on or before May 3, 

2010. 

ADDRESSES: You may submit comments 

identified by docket number FMCSA– 

2009–0370 using any one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rule, contact Mr. Brian Routhier, 

Transportation Specialist, Federal Motor 

Carrier Safety Administration, Vehicle 

and Roadside Operation Division, at 

202–366–1225 or 

Brian.Routhier@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

II. Abbreviations 

III. Background 

A. Legal Authority 

B. Overview of Driver Distraction and 

Texting 

C. Support for a Texting Prohibition 

D. Studies on Driver Distraction 

E. Existing Texting Bans by Federal, State, 

and Local Government 

IV. Discussion of Proposed Rule 

V. Regulatory Analyses 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

in this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you provide. 

Pilot Project on Open Government and 

the Rulemaking Process 

On January 21st, 2009, President 

Obama issued a Memorandum on 

Transparency and Open Government in 

which he described how: ‘‘public 

engagement enhances the Government’s 

effectiveness and improves the quality 

of its decisions. Knowledge is widely 

dispersed in society, and public officials 

benefit from having access to that 

dispersed knowledge.’’ 

To support the President’s open 

government initiative, DOT has 

partnered with the Cornell eRulemaking 

Initiative (CeRI) in a pilot project, 

Regulation Room, to discover the best 

ways of using Web 2.0 and social 

networking technologies to: (1) Alert the 

public, including those who sometimes 

may not be aware of rulemaking 

proposals, such as individuals, public 

interest groups, small businesses, and 

local government entities that 

rulemaking is occurring in areas of 

interest to them; (2) increase public 

understanding of each proposed rule 

and the rulemaking process; and (3) 

help the public formulate more effective 

individual and collaborative input to 

DOT. Over the course of several 

rulemaking initiatives, CeRI will use 

different Web technologies and 

approaches to enhance public 

understanding and participation, work 

with DOT to evaluate the advantages 

and disadvantages of these techniques, 

and report their findings and 

conclusions on the most effective use of 

social networking technologies in this 

area. 

DOT and the Obama Administration 

are striving to increase effective public 

involvement in the rulemaking process 

and strongly encourage all parties 

interested in this rulemaking to visit the 

Regulation Room Web site, http:// 

www.regulationroom.org, to learn about 

the rule and the rulemaking process, to 

discuss the issues in the rule with other 

persons and groups, and to participate 

in drafting comments that will be 

submitted to DOT. In this rulemaking, 

CeRI will submit to the rulemaking 

docket a Summary of the discussion that 

occurs on the Regulation Room site; 

participants will have the chance to 

review a draft and suggest changes 

before the Summary is submitted. 

Participants who want to further 

develop ideas contained in the 

Summary, or raise additional points, 

will have the opportunity to 

collaboratively draft joint comments 

that will be also be submitted to the 

rulemaking docket before the comment 

period closes. 

Note that Regulation Room is not an 

official DOT Web site, and so 

participating in discussion on that site 

is not the same as commenting in the 

rulemaking docket. The Summary of 

discussion and any joint comments 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1