60-day Comments Request FR Notice

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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules

jlentini on DSKJ8SOYB1PROD with PROPOSALS

potential radio licensees and permittees,
insofar as they would require or allow
certain applicants to demonstrate their
qualifications to apply for an FM
channel allotted using the Tribal
Priority. However, the information to be
filed is already familiar to broadcasters,
and the information requested to claim
the Tribal Priority is similar to current
section 307(b) showings, so any
additional burdens would be minimal.
To the extent that other applicants
would be disadvantaged by Tribes
qualifying for the Tribal Priority and the
proposed alternative ‘‘threshold
qualifications’’ approach, the
Commission believes that such burdens
would be offset by the fact that the
Tribal Priority is designed to redress
inequities in the number of Tribal radio
licensees, compared to the population of
Tribal citizens in the United States and
the fact that some of these citizens were
deprived of their original Tribal lands.
The Tribal Priority, then, not only helps
the Commission to meet its goals of
ownership and program diversity, but
also furthers the Federal government’s
obligations toward Tribes to assist them
in promulgating Tribal languages and
cultures, and to support Tribal selfgovernment. The approach proposed by
the Commission would also apply only
to FM allotments added to the Table of
Allotments using the Tribal Priority,
and thus would apply only to proposed
facilities serving primarily Tribal
communities. Adoption of the threshold
qualifications approach would thus
assist Tribes in pursuing commercial
radio licensing opportunities and would
enable ownership of facilities added to
the FM Table of Allotments by Tribes or
Tribal-owned entities that are charged
with promoting Tribal self-governance.
Steps Taken To Minimize Significant
Impact on Small Entities, and
Significant Alternatives Considered
The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities (5 U.S.C. 603(b)).
In the SFNPRM, the Commission
seeks to provide additional
opportunities for participation by Tribes

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seeking commercial radio facilities,
especially FM commercial stations. The
Commission seeks comment as to
whether its goals could be more
effectively accomplished through the
use of a ‘‘threshold qualifications’’
approach, limiting applications for
Tribal-priority-added FM allotments to
those filed by Tribes or Tribal-owned
entities. The Commission is open to
consideration of alternatives to the
proposals under consideration, as set
forth herein, including but not limited
to alternatives that will minimize the
burden on broadcasters, most of whom
are small businesses. There may be
unique circumstances these entities may
face, and we will consider appropriate
action for small broadcasters when
preparing a Third Report and Order in
this matter.
Federal Rules Which Duplicate,
Overlap, or Conflict With, the
Commission’s Proposals
None.
This document is available in
alternative formats (computer diskette,
large print, audio record, and Braille).
Persons with disabilities who need
documents in these formats may request
them by e-mail at [email protected], or
call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (TTY).
Ordering Clause
Accordingly, it is ordered, pursuant to
the authority contained in sections 1, 2,
4(i), 303, 307, and 309(j) of the
Communications Act of 1934, 47 U.S.C.
151, 152, 154(i), 303, 307, and 309(j),
that this Second Report and Order, First
Order on Reconsideration, and Second
Further Notice of Proposed Rule Making
is adopted.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011–6146 Filed 3–15–11; 8:45 am]
BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 390 and 391
[Docket No. FMCSA–2008–0363]
RIN 2126–AA97

National Registry of Certified Medical
Examiners
Federal Motor Carrier Safety
Administration, Transportation.

AGENCY:

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ACTION:

Request for public comments.

In accordance with the
Paperwork Reduction Act of 1995, the
Federal Motor Carrier Safety
Administration (FMCSA) is making
available for public comment a
modification of the proposed
information collection request (ICR)
related to the notice of proposed
rulemaking (NPRM) for the National
Registry of Certified Medical Examiners
(NRCME) published on December 1,
2008. In the comments on the NPRM, a
commenter inquired as to what a motor
carrier had to do to verify that a medical
examiner’s certificate had been issued to
a commercial motor vehicle driver by a
medical examiner listed on the
proposed NRCME. In response to this
and other comments, FMCSA is
considering whether to require
employers to verify that the medical
examiner is listed and to place a record
of such verification in the driver
qualification file. This document is to
inform the public that a modified ICR
that includes this verification
requirement under consideration is
available for public comment. The other
information collection requirements
were made available for public
comments at the same time as the
NPRM. Therefore, comments will only
be considered in response to this
document with respect to the
information collection aspects of the
verification requirements under
consideration by the Agency. Comments
on the other information collection
requirements proposed with the NPRM
will not be considered.
DATES: Comments and related material
must be submitted on or before May 16,
2011.
ADDRESSES: You may submit comments
identified by docket number FMCSA–
2008–0363 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
SUMMARY:

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jlentini on DSKJ8SOYB1PROD with PROPOSALS

Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules
below for instructions on submitting
comments.
Comments must also be submitted to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Room 10202, 725 17th Street, NW.,
Washington, DC 20053, Attention: Desk
Officer for the Department of
Transportation.
FOR FURTHER INFORMATION CONTACT:
Elaine Papp, Physical Qualifications
Division, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590–0001.
Telephone: (202) 366–4001. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION: The
Federal Motor Carrier Safety
Administration (FMCSA) is making
available for public comment a
modification of the proposed
information collection request (ICR)
related to the notice of proposed
rulemaking (NPRM) for the National
Registry of Certified Medical Examiners
(NRCME) published on December 1,
2008 (73 FR 73129). Other information
collection requirements were made
available for public comments in the
same issue as the NPRM (see 73 FR at
73140–42).
Public Participation and Request for
Comments: We encourage you to submit
comments on the modification to the
Information Collection Request related
to the proposed NRCME. All comments
received will be posted, without change,
to http://www.regulations.gov and will
include any personal information you
have provided.
Privacy Act: Anyone can search the
electronic form of 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 a
Privacy Act, system of records notice
regarding our public dockets in the
January 17, 2008, issue of the Federal
Register (73 FR 3316).
Title: National Registry of Certified
Medical Examiners (NRCME).
Summary: The Secretary of
Transportation is required to establish
and maintain a national registry of
medical examiners that are qualified to
perform examinations and issue medical
certificates that verify whether a CMV
driver’s physical qualifications meet
FMCSA standards. In addition, medical
examinations of CMV operators will be
performed by MEs who have received
training in physical and medical
examination standards, and, after the
NRCME is established, are listed on the
NRCME. 49 U.S.C. 31136(a)(3) and

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31149. Once the NRCME Program is
implemented, FMCSA will accept
medical examinations performed only
by certified MEs listed on the NRCME,
as required by law.
Several new proposed information
collection requirements related to the
proposed NRCME were described in the
Notice of Proposed Rulemaking
published on December 1, 2008. In each
case, the relationship of the proposed
information collection to the proposals
in the NPRM was explained, and an
estimate of the information collection
burden was provided. An opportunity to
provide public comment on those
requirements and the estimated burden,
as required by the Paperwork Reduction
Act, was made available at that time.
FMCSA, in response to comments on
the proposed rule, is considering
whether to include an additional
information collection requirement that
would be a substantial modification of
the information collection requirements
involved. The provision under
consideration would require employers
of CMV drivers to verify the National
Registry Number of the ME for each
driver required to be examined by an
ME on the National Registry, and place
a note relating to verification in the
driver qualification file. This
information collection requirement
provides proof the employer has met its
obligation to require drivers to comply
with the regulations that apply to the
driver (49 U.S.C. 31135[a] and 49 CFR
390.11).
Respondents (Including the Number
of): The likely respondents to this
proposed information requirement are
the 1,193,083 employers of the
7,000,000 CMV drivers required to
obtain medical certificates. In any given
year, FMCSA estimates that
approximately 4,600,00 CMV drivers
will respond and provide their
certificates to their employers.
Frequency: FMCSA estimates that
approximately 4,622,925 verifications
and recordkeeping actions will be
performed by employers each year.
Annual Burden Estimate: This
proposal would result in an annual
recordkeeping and reporting burden as
follows:
We estimate it will take motor carrier
administrative personnel 4 minutes to
verify the National Registry Number,
write a note regarding the verification,
and file the note in the driver
qualification file, so this will require
approximately 308,195 hours of
administrative personnel time on a
yearly basis (4,622,925 verifications × 4
minutes/60 minutes per verification =
308,195 hours).

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14367

The total estimated annual
recordkeeping and time burden for all
information collections related to the
physical qualification requirements is
approximately 2,092,243 hours.
Any comments submitted in response
to this notice will be summarized in the
request for OMB approval. All
comments will also become a matter of
public record.
Dated: March 8, 2011.
Kelly Leone,
Associate Administrator and Chief
Information Officer, Research and
Information Technology, Director,
Information Technology and Deputy CIO,
FMCSA.
[FR Doc. 2011–5885 Filed 3–15–11; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
RIN 0648–AY93

Fisheries in the Western Pacific;
Mechanism for Specifying Annual
Catch Limits and Accountability
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
ecosystem plan amendments; request for
comments.
AGENCY:

NMFS announces that the
Western Pacific Fishery Management
Council (Council) proposes to amend its
five fishery ecosystem plans (FEPs) to
establish a mechanism for specifying
annual catch limits (ACLs) and
accountability measures (AMs), adopt
the ecosystem component species
classification described in the NMFS
advisory guidelines for National
Standard 1, and identify management
unit species that have statutory
exceptions to the ACL and AM
requirements. The intent of the
amendment is end and prevent
overfishing, rebuild overfished stocks,
and achieve optimum yield.
DATES: Comments on the amendment
must be received by May 16, 2011.
ADDRESSES: Comments on the
amendment, identified by 0648–AX93,
may be sent to either of the following
addresses:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal http://
www.regulations.gov; or
SUMMARY:

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