Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 m) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area, 28502-28503 [2010-12274]
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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:
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(D) Medical Examiner’s license
number and the State that issued it;
*
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*
■ 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.
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*
(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:
cprice-sewell on DSK8KYBLC1PROD with RULES
§ 391.41
drivers.
Physical qualifications for
(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
VerDate Mar<15>2010
12:54 May 20, 2010
Jkt 220001
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.
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*
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*
*
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.
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*
Issued on: May 17, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010–12189 Filed 5–20–10; 8:45 am]
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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
E:\FR\FM\21MYR1.SGM
21MYR1
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations
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
cprice-sewell on DSK8KYBLC1PROD with RULES
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
VerDate Mar<15>2010
12:54 May 20, 2010
Jkt 220001
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.
PO 00000
Frm 00041
Fmt 4700
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28503
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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21MYR1
]]>Agencies
[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Rules and Regulations]
[Pages 28502-28503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12274]
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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
Hook-and-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-and-line 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 Sec. 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
[[Page 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 Sec. 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 Sec. 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
