Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations 28499 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: May 11, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–12199 Filed 5–20–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 383 and 391 

[Docket No. FMCSA–1997–2210] 

RIN 2126–AB24 

Medical Certification Requirements as 

Part of the Commercial Driver’s 

License (CDL); Technical, 

Organizational, and Conforming 

Amendments 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule; Technical 

amendments and response to petitions 

for reconsideration. 

SUMMARY: The FMCSA amends its 

regulations implementing section 215 of 

the Motor Carrier Safety Improvement 

Act of 1999 (MCSIA). The purpose of 

this rule is both to make amendments 

responding to petitions for 

reconsideration and to make technical 

corrections to a FMCSA regulation. 

DATES: The amendments in this final 

rule become effective May 21, 2010. 

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–1997–2210. These 

documents can also be examined and 

copied for a fee at the U.S. Department 

of Transportation, Docket Operations, 

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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on today’s final rule, 

please contact: Ms. Ava Herman, Office 

of Policy, Plans, and Regulations (MC– 

PRR), Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590; 

telephone (202) 366–7023. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

Medical Certification Requirements as 

Part of the CDL 

The legal basis of the 2008 final rule 

is also applicable to this rule. See 73 FR 

73096–73097, December 1, 2008. 

Background 

The FMCSA determined that several 

technical errors were made in the 

December 1, 2008, Medical Certification 

Requirements final rule (73 FR 73096). 

The FMCSA also received two petitions 

for reconsideration of the final rule that 

are discussed further in today’s final 

rule. 

1. The December 1, 2008, final rule 

had an unintentional error in 

§ 383.71(a)(ii), omitting the language 

‘‘(C), or (D)’’ after ‘‘(A) or (B)’’. Today’s 

final rule corrects this amendatory 

language error. 

2. The December 1, 2008, final rule 

unintentionally replaced § 383.71(a) 

with the new text of § 383.71(a)(1); the 

Agency’s intent was only to amend the 

language of § 383.71(a)(1). However, 

because of an amendatory language 

error, § 383.71(a)(2) through 

§ 383.71(a)(9) were removed. The 

preambles of the NPRM and the final 

rule made no mention of an intent to 

change these sections, and revised 

§ 383.71(a)(1), as adopted by the 2008 

final rule, itself refers to the 

requirements of § 383.71(a)(2) through 

(9). Today’s final rule therefore restores 

the text of § 383.71(a)(2) through (9). 

3. The December 1, 2008, final rule 

included a new requirement in 49 CFR 

383.71(h) for CDL holders to submit 

documents and information to State 

driver licensing agencies. The penalties 

listed in 49 CFR 383.73(g) for falsifying 

information and documents submitted 

in accordance with the requirements of 

§ 383.71(h) are applicable. However, the 

provisions of § 383.73(g) needed to be 

clarified to reflect the application to the 

requirements in § 383.71(h). The 

provisions of § 383.73(g) have been 

clarified in response to the petition for 

reconsideration of December 30, 2008, 

from Advocates for Highways and Auto 

Safety (Advocates), as explained on 

pages 3 and 4 of the decision denying 

the petition dated May 12, 2010 and 

included in the docket. 

4. In the December 1, 2008, final rule, 

§ 383.73(j)(1)(iii) references business 

days for the specified time period, 

rather than calendar days. The preamble 

of the December 1, 2008, final rule also 

incorrectly references business days 

instead of calendar days, even though 

the other provisions of § 383.73(j)(2) and 

§ 383.73(j)(3) correctly specify 10 

calendar days. The language of 

§ 383.73(j)(1)(iii) has been clarified in 

today’s final rule. This is explained in 

footnote three on page seven of the 

decision denying the petition for 

reconsideration of December 30, 2008 

from Advocates dated May 12, 2010 and 

included in the docket. 

5. The December 1, 2008, final rule 

included an inconsistency in the 

language inserted into 49 CFR 383.73 (j). 

This language used the term ‘‘medical 

examiner’s license or certificate 

number’’ to refer to the number on a 

medical examiner’s license to practice 

in § 383.73(j)(iii)(D). However, in 49 

CFR 383.73(j)(iii), (j)(iii)(C), and 

(j)(iii)(J), ‘‘medical examiner’s 

certificate’’ is used to refer to the 

certificate a driver is issued when a 

medical examiner qualifies him or her 

to drive. This inconsistency has been 

clarified in today’s final rule so that 

‘‘medical examiner’s certificate’’ clearly 

refers to the document a medical 

examiner issues a driver to qualify him 

or her to drive. In today’s final rule 49 

CFR 383.73(j)(iii)(D) is clarified to refer 

to the ‘‘medical examiner’s license’’ to 

practice, issued to the medical examiner 

by the State in which he or she 

practices. 

6. The FMCSA incorporates a change 

in several provisions of the final rule, as 

requested by a petition for 

reconsideration from the Indiana 

Department of Revenue, Motor Carrier 

Services Division, filed on December 29, 

2008. The petition asked that FMCSA 

reconsider requirement for States to 

mail receipts to drivers as proof that a 

medical certification had been 

submitted to the State driver licensing 

agency. The FMCSA sent a response 

granting this petition on October 2, 

2009. Through today’s final rule, 

FMCSA removes the requirement for 

States to provide receipts to drivers, and 

to allow drivers and employers to utilize 

medical certificates as evidence that a 

CDL holder is medically certified for 15 

calendar days from the date of issuance 

of the certificate. Therefore, several 

changes in the final rule text are 

necessary to implement this procedure. 

The changes are in 49 CFR 383.73(a)(5), 

391.23(m)(2)(i)(B), 391.41(a)(2), and 

391.51(b)(7)(ii). 

7. The preamble to the December 1, 

2008, final rule clearly states that the 

medical variance restriction code ‘‘V’’ 

must appear on both the CDL and the 

CDLIS driver record. Accordingly, 

FMCSA revised 49 CFR 383.95(b) to 

require this information to be placed on 

the CDLIS driver record, but 

inadvertently omitted a revision to 49 

CFR 383.153 to require this information 

to be displayed on the commercial 

driver’s license document. This rule 


cprice-sewell on DSK8KYBLC1PROD with RULES
28500 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations 

adds the conforming amendment to 

§ 383.153(e). 

Agency’s Assessment and Decision 

The Agency decided to issue these 

amendments because the changes and 

updates are necessary to correct 

amendatory language errors and to 

respond to issues raised in two petitions 

for reconsideration. 

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 amendments made 

by this final rule make changes to 

correct inadvertent errors and to 

respond to petitions for reconsideration. 

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) 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 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. 

We expect 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 makes 

several changes to correct inadvertent 

errors. FMCSA therefore certifies 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 State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $120 million 

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. We 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 2008 final rule had 

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. We have 

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. We 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 

49 CFR Part 383 

Administrative practice and 

procedure, Highway safety, Motor 

carriers. 

49 CFR Part 391 

Motor carriers, Reporting and 

recordkeeping requirements, Safety. 

■ In consideration of the foregoing, 

FMCSA amends Parts 383 and 391 of 

Title 49, Code of Federal Regulations, as 

follows: 

PART 383—COMMERCIAL DRIVER’S 

LICENSE STANDARDS; 

REQUIREMENTS AND PENALTIES 

■ 1. The authority citation for part 383 

continues to read as follows: 

Authority: 49 U.S.C. 521, 31136, 31301 et 

seq., and 31502; secs. 214 and 215 of Pub. L. 

106–159, 113 Stat. 1766, 1767; sec. 1012(b) 

of Pub. L. 107–56; 115 Stat. 397; sec. 4140 

of Pub. L. 109–59, 119 Stat. 1144, 1726; and 

49 CFR 1.73. 

■ 2. In § 383.71, revise paragraph (a) to 

read as follows: 

§ 383.71 Driver application and 

certification procedures. 

(a) Initial Commercial Driver’s 

License. Prior to obtaining a CDL, a 

person must meet the following 

requirements: 

(1)(i) Initial Commercial Driver’s 

License applications submitted prior to 


cprice-sewell on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations 28501 

January 30, 2012. Any person applying 

for a CDL prior to January 30, 2012, 

must meet the requirements set forth in 

paragraphs (a)(2) through (a)(9) of this 

section, and make the following 

applicable certification in paragraph 

(a)(1)(i)(A) or (B) of this section: 

(A) A person who operates or expects 

to operate in interstate or foreign 

commerce, or is otherwise subject to 49 

CFR part 391, must certify that he/she 

meets the qualification requirements 

contained in part 391 of this title; or 

(B) A person who operates or expects 

to operate entirely in intrastate 

commerce and is not subject to part 391, 

is subject to State driver qualification 

requirements and must certify that he/ 

she is not subject to part 391. 

(ii) Initial Commercial Driver’s 

License applications submitted on or 

after January 30, 2012. Any person 

applying for a CDL on or after January 

30, 2012, must meet the requirements 

set forth in paragraphs (a)(2) through 

(a)(9), and (h) of this section, and make 

one of the following applicable 

certifications in paragraph (a)(ii)(A), (B), 

(C), or (D) of this section: 

(A) Non-excepted interstate. A person 

must certify that he or she operates or 

expects to operate in interstate 

commerce, is both subject to and meets 

the qualification requirements under 49 

CFR part 391, and is required to obtain 

a medical examiner’s certificate by 

§ 391.45 of this chapter; 

(B) Excepted interstate. A person 

must certify that he or she operates or 

expects to operate in interstate 

commerce, but engages exclusively in 

transportation or operations excepted 

under 49 CFR 390.3(f), 391.2, 391.68 or 

398.3 from all or parts of the 

qualification requirements of 49 CFR 

part 391, and is, therefore, not required 

to obtain a medical examiner’s 

certificate by 49 CFR 391.45 of this 

chapter; 

(C) Non-excepted intrastate. A person 

must certify that he or she operates only 

in intrastate commerce and, therefore, is 

subject to State driver qualification 

requirements; or 

(D) Excepted intrastate. A person 

must certify that he or she operates in 

intrastate commerce, but engages 

exclusively in transportation or 

operations excepted from all or parts of 

the State driver qualification 

requirements. 

(2) Pass a knowledge test in 

accordance with the standards 

contained in Subparts G and H of this 

part for the type of motor vehicle the 

person operates or expects to operate; 

(3) Pass a driving or skills test in 

accordance with the standards 

contained in Subparts G and H of this 

part taken in a motor vehicle which is 

representative of the type of motor 

vehicle the person operates or expects to 

operate; or provide evidence that he/she 

has successfully passed a driving test 

administered by an authorized third 

party; 

(4) Certify that the motor vehicle in 

which the person takes the driving skills 

test is representative of the type of 

motor vehicle that person operates or 

expects to operate; 

(5) Provide to the State of issuance the 

information required to be included on 

the CDL as specified in subpart J of this 

part; 

(6) Certify that he/she is not subject to 

any disqualification under § 383.51, or 

any license suspension, revocation, or 

cancellation under State law, and that 

he/she does not have a driver’s license 

from more than one State or 

jurisdiction; 

(7) Surrender the applicant’s non-CDL 

driver’s licenses to the State; and 

(8) Provide the names of all States 

where the applicant was previously 

licensed to drive any type of motor 

vehicle during the previous 10 years. 

(9) If applying for a hazardous 

materials endorsement, comply with 

Transportation Security Administration 

requirements codified in 49 CFR Part 

1572, and provide proof of citizenship 

or immigration status as specified in 

Table 1 to this section. A lawful 

permanent resident of the United States 

requesting a hazardous materials 

endorsement must additionally provide 

his or her Bureau of Citizenship and 

Immigration Services (BCIS) Alien 

registration number. 

TABLE 1 TO § 383.71—LIST OF ACCEPTABLE PROOFS OF CITIZENSHIP OR IMMIGRATION

Status Proof of status 

U.S. Citizen ......................................................... • U.S. Passport. 

• Certificate of birth that bears an official seal and was issued by a State, county, municipal 

authority, or outlying possession of the United States. 

• Certification of Birth Abroad issued by the U.S. Department of State (Form FS–545 or DS 

1350). 

• Certificate of Naturalization (Form N–550 or N–570). 

• Certificate of U.S. Citizenship (Form N–560 or N–561). 

Lawful Permanent Resident ............................... • Permanent Resident Card, Alien Registration Receipt Card (Form I–551). 

• Temporary I–551 stamp in foreign passport. 

• Temporary I–551 stamp on Form I–94, Arrival/Departure Record, with photograph of the 

bearer. 

• Reentry Permit (Form I–327). 

* * * * * 

■ 3. Revise § 383.73(a)(5), (g), (j)(1)(iii) 

introductory text, and (j)(1)(iii)(D) to 

read as follows: 

§ 383.73 State procedures. 

(a) * * * 

(5) Beginning January 30, 2012, for 

drivers who certified their type of 

driving according to § 383.71(a)(1)(ii)(A) 

(non-excepted interstate) and, if the 

driver submits a current medical 

examiner’s certificate, date-stamp the 

medical examiner’s certificate, and post 

all required information from the 

medical examiner’s certificate to the 

CDLIS driver record in accordance with 

paragraph (j) of this section. 

* * * * * 

(g) Penalties for false information. If a 

State determines, in its check of an 

applicant’s license status and record 

prior to issuing a CDL, or at any time 

after the CDL is issued, that the 

applicant falsified information 

contained in subpart J of this part, in 

any of the certifications required in 

§ 383.71(a) or (g), or in any of the 

documents required to be submitted by 

§ 383.71(h), the State shall at a 

minimum suspend, cancel, or revoke 

the person’s CDL or his/her pending 

application, or disqualify the person 

from operating a commercial motor 

vehicle for a period of at least 60 

consecutive days. 

* * * * * 

(j) * * * 

(1) * * * 


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28502 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations 

(iii) Post the information from the 

medical examiner’s certificate within 10 

calendar days to the CDLIS driver 

record, including: 

* * * * * 

(D) Medical Examiner’s license 

number and the State that issued it; 

* * * * * 

■ 4. Amend § 383.153 by adding 

paragraph (e) to read as follows: 

§ 383.153 Information on the document 

and application 

* * * * * 

(e) If the State has been notified that 

the applicant has been issued a medical 

variance as specified in § 383.95(b), the 

restriction code ‘‘V’’ must be indicated 

on the license. 

PART 391—QUALIFICATIONS OF 

DRIVERS AND LONGER 

COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS 

■ 5. The authority citation for part 391 

continues to read as follows: 

Authority: 49 U.S.C. 322, 504, 508, 31133, 

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

102–240, 105 Stat. 2152; sec. 114 of Pub. L. 

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

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

1.73. 

■ 6. Amend § 391.23: 

■ By removing ‘‘or’’ at the end of 

paragraph (m)(2)(i)(A) and adding ‘‘and’’ 

in its place; and 

■ By revising paragraph (m)(2)(i)(B) to 

read as follows: 

§ 391.23 Investigations and inquiries. 

* * * * * 

(m) * * * 

(2) * * * 

(i) * * * 

(B) Exception. If the driver provided 

the motor carrier with a copy of the 

current medical examiner’s certificate 

that was submitted to the State in 

accordance with § 383.73(a)(5) of this 

chapter, the motor carrier may use a 

copy of that medical examiner’s 

certificate as proof of the driver’s 

medical certification for up to 15 days 

after the date it was issued. 

* * * * * 

■ 7. Revise § 391.41(a)(2) to read as 

follows: 

§ 391.41 Physical qualifications for 

drivers. 

(a) * * * 

(2) CDL exception. (i) Beginning 

January 30, 2012, a driver required to 

have a commercial driver’s license 

under part 383 of this chapter, and who 

submitted a current medical examiner’s 

certificate to the State in accordance 

with § 383.71(h) of this chapter 

documenting that he or she meets the 

physical qualification requirements of 

this part, no longer needs to carry on his 

or her person the medical examiner’s 

certificate specified at § 391.43(h), or a 

copy. If there is no medical certification 

information on that driver’s CDLIS 

motor vehicle record defined at 49 CFR 

384.105, a current medical examiner’s 

certificate issued prior to January 30, 

2012, will be accepted until January 30, 

2014. After January 30, 2014, a driver 

may use a copy of the current medical 

examiner’s certificate that was 

submitted to the State for up to 15 days 

after the date it was issued as proof of 

medical certification. 

(ii) A CDL holder required by 

§ 383.71(h) to obtain a medical 

examiner’s certificate, who obtained 

such by virtue of having obtained a 

medical variance from FMCSA, must 

continue to have in his or her 

possession the original or copy of that 

medical variance documentation at all 

times when on-duty. 

* * * * * 

■ 8. Revise § 391.51(b)(7)(ii) to read as 

follows: 

§ 391.51 General requirements for driver 

qualification files. 

* * * * * 

(b) * * * 

(7) * * * 

(ii) Exception. For CDL holders, 

beginning January 30, 2012, if the CDLIS 

motor vehicle record contains medical 

certification status information, the 

motor carrier employer must meet this 

requirement by obtaining the CDLIS 

motor vehicle record defined at 

§ 384.105 of this chapter. That record 

must be obtained from the current 

licensing State and placed in the driver 

qualification file. After January 30, 

2014, a non-excepted, interstate CDL 

holder without medical certification 

status information on the CDLIS motor 

vehicle record is designated ‘‘notcertified’’ to operate a CMV in interstate 

commerce. After January 30, 2014, a 

motor carrier may use a copy of the 

driver’s current medical examiner’s 

certificate that was submitted to the 

State for up to 15 days from the date it 

was issued as proof of medical 

certification. 

* * * * * 

Issued on: May 17, 2010. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2010–12189 Filed 5–20–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XW55 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 feet 

(18.3 m) Length Overall Using Hookand-Line or Pot Gear in the Bering Sea 

and Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 m) length overall 

(LOA) using hook-and-line or pot gear 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2010 

Pacific cod total allowable catch 

allocated to catcher vessels less than 60 

feet LOA using hook-and-line or pot 

gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 19, 2010, through 2400 

hrs, A.l.t., December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2010 Pacific cod total allowable 

catch (TAC) allocated to catcher vessels 

less than 60 feet LOA using hook-andline or pot gear in the BSAI is 4,598 

metric tons, as established by the final 

2010 and 2011 harvest specification for 

groundfish in the BSAI (75 FR 11788, 

March 12, 2010) and subsequent 

reallocations on March 17, 2010 (75 FR 

13444, March 22, 2010) and April 12, 

2010 (75 FR 19562). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2010 

Pacific cod directed fishing allowance 

allocated to catcher vessels less than 60 


cprice-sewell on DSK8KYBLC1PROD with RULES