59204 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 

rule on small entities and certifies that 

a Regulatory Flexibility Analysis is not 

necessary because the rule will not have 

a significant economic impact on a 

substantial number of small entities 

subject to the requirements of this 

proposed rule. We assume that all of the 

1,490 motor carriers identified by this 

proposed rule are small entities. 

However, the direct costs of this rule 

that small entities may incur are only 

expected to be minimal. They consist of 

the costs of lost productivity from 

foregoing texting while on-duty and fuel 

usage costs for pulling to the side of the 

road to idle the truck or passengercarrying vehicle and send or receive a 

text message. The majority of motor 

carriers are small entities. Therefore, 

PHMSA will use the total cost of this 

proposed rule ($5,227) applied to the 

number of small entities (1,490) as a 

worse case evaluation which would 

average $3.51 annually per carrier. 

F. Executive Order 13272 and DOT 

Regulatory Policies and Procedures 

This notice has been developed in 

accordance with Executive Order 13272 

(‘‘Proper Consideration of Small Entities 

in Agency Rulemaking’’) and DOT’s 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act to ensure that potential 

impacts of draft rules on small entities 

are properly considered. 

G. Paperwork Reduction Act 

This rule would call for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

H. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN contained in the heading 

of this document can be used to crossreference this action with the Unified 

Agenda. 

I. Unfunded Mandates Reform Act of 

1995 

This proposed rule does not impose 

unfunded mandates, under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$140.8 million or more to either state, 

local, or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the rule. 

J. Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477 through 19478) or you may visit 

http://www.dot.gov. This rule is not a 

privacy-sensitive rulemaking because 

the rule will not require any collection, 

maintenance, or dissemination of 

Personally Identifiable Information (PII) 

from or about members of the public. 

K. National Environmental Policy Act 

The National Environmental Policy 

Act of 1969 (NEPA) requires Federal 

agencies to consider the consequences 

of major Federal actions and that they 

prepare a detailed statement on actions 

significantly affecting the quality of the 

human environment. PHMSA 

assessment did not reveal any 

significant positive or negative impacts 

on the environment expected to result 

from the rulemaking action. There could 

be minor impacts on emissions, 

hazardous materials spills, solid waste, 

socioeconomics, and public health and 

safety. Interested parties are invited to 

address the potential environmental 

impacts of regulations applicable to 

texting while driving. 

List of Subjects in 49 CFR Part 177 

Hazardous materials transportation, 

Motor carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, 49 

CFR Chapter I is proposed to be 

amended as follows: 

PART 177—CARRIAGE BY PUBLIC 

HIGHWAY 

1. The authority citation for part 177 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

2. Section 177.804 is amended by: 

a. Designating the extisting text as 

paragraph (a); 

b. Adding a heading to the newly 

designated paragraph (a); and 

c. Adding a new paragraph (b) to read 

as follows: 

§ 177.804 Compliance with Federal Motor 

Carrier Safety Regulations. 

(a) General. * * * 

(b) Prohibition against texting. Drivers 

of commercial motor vehicles, as 

defined in 49 CFR 383.5, transporting a 

quantity of hazardous materials 

requiring placarding under 49 CFR part 

172 or any quantity of a material listed 

as a select agent or toxin in 42 CFR part 

73 are prohibited from texting while 

driving in accordance with § 392.80 of 

the FMCSRs. 

Issued in Washington, DC, on September 

21, 2010, under authority delegated in 49 

CFR part 106. 

R. Ryan Posten, 

Senior Director for Hazardous Materials 

Safety. 

[FR Doc. 2010–24114 Filed 9–24–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100818375–0379–02] 

RIN 0648–XX84 

Fisheries of the Northeastern United 

States; Northeast (NE) Multispecies 

Fishery; Reopening of a Proposed 

Rule Comment Period Through 

October 1, 2010 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, reopening and 

extension of comment period. 

SUMMARY: NMFS is reopening the 

comment period for the proposed rule to 

Implement Addenda to 17 Fishing Year 

(FY) 2010 Northeast Multispecies Sector 

Operations Plans and Contracts. The 

comment period is being reopened and 

extended to provide additional 

opportunity for public comment. 

DATES: Written comments must be 

received by 5 p.m., local time on 

October 1, 2010. 

ADDRESSES: You may submit comments, 

identified by 0648–XX84, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: (978) 281–9135, Attn: Melissa 

Vasquez. 

• Mail: Paper, disk, or CD–ROM 

comments should be sent to Patricia A. 

Kurkul, Regional Administrator, 

National Marine Fisheries Service, 55 

Great Republic Drive, Gloucester, MA 

01930. Mark the outside of the 

envelope: ‘‘Comments on 2010 Sector 

Exemption Rule.’’ 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 59205 

• Instructions: All comments received 

are part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

No comments will be posted for public 

viewing until after the comment period 

has closed. 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). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. Copies of 

requests for addenda to the FY 2010 

sector operations plans and contracts, 

and the supplemental environmental 

assessment (EA), are available from the 

NMFS NE Regional Office at the mailing 

address specified above. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Vasquez, Fishery Policy 

Analyst, phone (978) 281–9166, fax 

(978) 281–9135. 

SUPPLEMENTARY INFORMATION: A final 

rule published April 9, 2010 (75 FR 

18113), approved FY 2010 sector 

operations plans and contracts and 

allocations of annual catch entitlement 

(ACE) for 17 NE multispecies sectors. 

Through this final rule, the Regional 

Administrator also approved 

exemptions for sector vessels from 

certain Federal fishing regulations for 

those sectors that requested them, in 

addition to the universal exemptions 

already approved for all sectors through 

Amendment 16 to the NE Multispecies 

Fishery Management Plan (FMP). 

A proposed rule published on 

September 2, 2010 (75 FR 53939), 

proposes to implement addenda to FY 

2010 NE multispecies sector operations 

plans and contracts that would add 

certain exemptions from Federal fishing 

regulations for FY 2010 sectors. The 

proposed rule considers expanding 

exemptions already approved for some 

sectors to all those that request them to 

maximize flexibility and improve 

profitability for sector vessels. It also 

proposes approving two new exemption 

requests: The Gulf of Maine (GOM) Sink 

Gillnet exemption and the discarding 

exemption for unmarketable fish. The 

GOM Sink Gillnet exemption is based 

on a program originally considered and 

disapproved for the common pool 

fishery in Amendment 16 to the NE 

Multispecies FMP, and would allow 

sector vessels to use 6-inch (15.24-cm) 

mesh gillnets in the GOM Regulated 

Mesh Area January through April 2011, 

to target haddock. This action also 

proposes a partial exemption from the 

prohibition on discarding of legal-size 

allocated stocks to allow sector vessels 

to discard unmarketable fish at sea, to 

improve safety conditions and 

operational flexibility for sector vessels. 

The proposed rule published in the 

Federal Register with a 15-day 

comment period that closed on 

September 17, 2010. The New England 

Fishery Management Council (Council) 

will be discussing a number of 

important sector exemption requests 

from the proposed rule at their 

September 28–30, 2010, meeting. 

Reopening and extending the comment 

period to overlap with the Council 

meeting is necessary to provide 

additional time for the Council and any 

other interested parties to provide 

comment, after this proposed action is 

discussed at the Council meeting. Thus, 

NMFS is reopening and extending the 

comment period on the proposed rule 

through October 1, 2010. 

Dated: September 22, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–24185 Filed 9–22–10; 4:15 pm] 

BILLING CODE 3510–22–P 


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