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 


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Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations 28503 

feet LOA using hook-and-line or pot 

gear in the BSAI has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher vessels less than 60 feet LOA 

using hook-and-line or pot gear in the 

BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by 

catcher vessels less than 60 feet LOA 

using hook-and-line or pot gear in the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of May 17, 2010. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: May 18, 2010. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–12274 Filed 5–18–10; 4:15 PM] 

BILLING CODE 3510–22–S 


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