Drivers of CMVs: Restricting the Use of Cellular Phones; Technical Amendment, 1889-1891 [2012-428]

Download as PDF 1889 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations Location and case No. State and county Virginia: Henrico ...... Unincorporated areas of Henrico County (10–03– 0514P). Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification December 14, 2010; December 21, 2010; The Richmond Times-Dispatch. Mr. Virgil R. Hazelett, Henrico County Manager, 4301 East Parham Road Henrico, VA 23228. April 20, 2011 ................. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: December 27, 2011. Sandra K. Knight, Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2012–488 Filed 1–11–12; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 8, 12, 16, 19, 38, and 52 [FAC 2005–54; FAR Case 2011–024; Item VI; Docket 2011–0024, Sequence 1] RIN 9000–AM12 Federal Acquisition Regulation; SetAsides for Small Business; Extension of Comment Period Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule; extension of comment period. AGENCY: DoD, GSA, and NASA issued an interim rule on November 2, 2011, amending the Federal Acquisition Regulation (FAR) to implement section 1331 of the Small Business Jobs Act of 2010 (Jobs Act). Section 1331 addresses set-asides of task- and delivery-orders under multiple-award contracts, partial set-asides under multiple-award contracts, and the reserving of one or more multiple-award contracts that are awarded using full and open competition. Within this same context, section 1331 also addresses the Federal Supply Schedules Program managed by GSA. DoD, GSA, and NASA are coordinating with the Small Business Administration (SBA) on the development of an SBA proposed rule that will provide greater detail regarding implementation of section 1331 authorities. The comment period is being extended to provide additional time for interested parties to review the pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 13:06 Jan 11, 2012 Jkt 226001 FAR changes of FAR Case 2011–024, Set-Asides for Small Business, to February 13, 2012. DATES: The comment period for the interim rule published November 2, 2011, at 76 FR 68032, and effective November 2, 2011, is extended. Interested parties should submit written comments to the Regulatory Secretariat on or before February 13, 2012. ADDRESSES: Submit comments identified by FAC 2005–54, FAR Case 2011–024, by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2011–024’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FAR Case 2011–024.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2011–024’’ on your attached document. • Fax: (202) 501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th Floor, Washington, DC 20417. Instructions: Please submit comments only and cite FAC 2005–54, FAR Case 2011–024, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Karlos Morgan, Procurement Analyst, at (202) 501–2364, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. Please cite FAC 2005–54, FAR Case 2011–024. SUPPLEMENTARY INFORMATION: I. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 76 FR 68032, November 2, 2011. The comment period is extended to provide additional time for interested parties to review and submit comments on the published FAR changes until February 13, 2012. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 Community No. 510077 List of Subjects in 48 CFR Parts 8, 12, 16, 19, 38, and 52 Government procurement. Dated: January 9, 2012. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy. Office of Governmentwide Policy. [FR Doc. 2012–455 Filed 1–11–12; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 391 [Docket No. FMCSA–2010–0096] RIN 2126–AB29 Drivers of CMVs: Restricting the Use of Cellular Phones; Technical Amendment Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule; technical amendment. AGENCY: The FMCSA amends its December 3, 2011, final rule that restricted the use of hand-held mobile telephones by drivers of commercial motor vehicles. That rule was jointly issued by FMCSA and Pipeline and Hazardous Materials Safety Administration (PHMSA), but this technical amendment only affects an FMCSA regulation. The purpose of this rule is to correct a clerical error. DATES: This final rule is effective January 12, 2012. 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–2010–0096. These documents can also be examined at the U.S. Department of Transportation, Docket Operations, West BuildingGround 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: Mr. Brian Routhier, SUMMARY: E:\FR\FM\12JAR1.SGM 12JAR1 1890 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations Vehicle and Roadside Operation Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366–4325. SUPPLEMENTARY INFORMATION: Legal Basis The legal basis of the 2011 final rule is also applicable to this rule. See 76 FR 75472–75474, December 2, 2011. Background The December 3, 2011, Drivers of CMVs: Restricting the Use of Cellular Phones final rule (76 FR 75470) had a clerical error in § 391.15(f)(1) that stated ‘‘paragraph (g)(2)’’ instead of ‘‘paragraph (f)(2)’’. Today’s final rule corrects this clerical error. Agency’s Assessment And Decision The Agency decided to issue this amendment because the change is necessary to correct a clerical error that may confuse the public. 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 amendment made by this final rule makes a change to correct an inadvertent clerical error. 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. pmangrum on DSK3VPTVN1PROD with RULES Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory 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, as supplemented by Executive Order 13563 (76 FR 3821, Jan. 21, 2011), 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. The Agency expects the final rule will have minimal costs; therefore, a full regulatory evaluation is unnecessary. VerDate Mar<15>2010 13:06 Jan 11, 2012 Jkt 226001 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 corrects a clerical error; therefore, I certify 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 a State, local, or tribal government, in the aggregate, or by the private sector, of $143.1 million (which is the value of $100 million in 2010 after adjusting for inflation) 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. The Agency 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 2011 final rule had possible 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. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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. The Agency has 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. The Agency has 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 in 49 CFR Part 391 Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Reporting and recordkeeping requirements, Safety, Transportation. In consideration of the foregoing, FMCSA amends Part 391 of Title 49, Code of Federal Regulations, as follows: E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 1891 PART 391—QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS 240, 105 Stat. 1914, 2152; sec. 114, Pub. L. 103–311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106–159,113 Stat. 1748, 1767; and 49 CFR 1.73. Issued on: January 5, 2012. Larry Minor, Associate Administrator for Policy, Federal Motor Carrier Safety Administration. 1. The authority citation for part 391 continues to read as follows: § 391.15 [FR Doc. 2012–428 Filed 1–11–12; 8:45 am] ■ pmangrum on DSK3VPTVN1PROD with RULES 13:06 Jan 11, 2012 Jkt 226001 2. Amend § 391.15, in paragraph (f)(1), by removing the removing ‘‘(g)(2)’’and adding ‘‘(f)(2)’’ in its place. BILLING CODE 4910–EX–P ■ Authority: 49 U.S.C. 504, 508, 31133, 31136, and 31502; sec. 4007(b), Pub. L. 102– VerDate Mar<15>2010 [Amended] PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 E:\FR\FM\12JAR1.SGM 12JAR1

Agencies

[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Rules and Regulations]
[Pages 1889-1891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-428]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 391

[Docket No. FMCSA-2010-0096]
RIN 2126-AB29


Drivers of CMVs: Restricting the Use of Cellular Phones; 
Technical Amendment

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The FMCSA amends its December 3, 2011, final rule that 
restricted the use of hand-held mobile telephones by drivers of 
commercial motor vehicles. That rule was jointly issued by FMCSA and 
Pipeline and Hazardous Materials Safety Administration (PHMSA), but 
this technical amendment only affects an FMCSA regulation. The purpose 
of this rule is to correct a clerical error.

DATES: This final rule is effective January 12, 2012.

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-2010-0096. These documents can also be examined 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: Mr. Brian Routhier,

[[Page 1890]]

Vehicle and Roadside Operation Division, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; 
telephone (202) 366-4325.

SUPPLEMENTARY INFORMATION:

Legal Basis

    The legal basis of the 2011 final rule is also applicable to this 
rule. See 76 FR 75472-75474, December 2, 2011.

Background

    The December 3, 2011, Drivers of CMVs: Restricting the Use of 
Cellular Phones final rule (76 FR 75470) had a clerical error in Sec.  
391.15(f)(1) that stated ``paragraph (g)(2)'' instead of ``paragraph 
(f)(2)''. Today's final rule corrects this clerical error.

Agency's Assessment And Decision

    The Agency decided to issue this amendment because the change is 
necessary to correct a clerical error that may confuse the public.

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 amendment made by this final rule makes a change to 
correct an inadvertent clerical error. 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), Executive Order 
13563 (Improving Regulation and Regulatory 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, as 
supplemented by Executive Order 13563 (76 FR 3821, Jan. 21, 2011), 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. The Agency expects 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 corrects a clerical error; therefore, I certify 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 a State, local, or tribal 
government, in the aggregate, or by the private sector, of $143.1 
million (which is the value of $100 million in 2010 after adjusting for 
inflation) 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. The Agency 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 2011 final 
rule had possible 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. The Agency has 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. The Agency has 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 in 49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor 
carriers, Reporting and recordkeeping requirements, Safety, 
Transportation.

    In consideration of the foregoing, FMCSA amends Part 391 of Title 
49, Code of Federal Regulations, as follows:

[[Page 1891]]

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE 
(LCV) DRIVER INSTRUCTORS

0
1. The authority citation for part 391 continues to read as follows:

    Authority:  49 U.S.C. 504, 508, 31133, 31136, and 31502; sec. 
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L. 
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159,113 Stat. 
1748, 1767; and 49 CFR 1.73.


Sec.  391.15  [Amended]

0
2. Amend Sec.  391.15, in paragraph (f)(1), by removing the removing 
``(g)(2)''and adding ``(f)(2)'' in its place.

    Issued on: January 5, 2012.
Larry Minor,
Associate Administrator for Policy, Federal Motor Carrier Safety 
Administration.
[FR Doc. 2012-428 Filed 1-11-12; 8:45 am]
BILLING CODE 4910-EX-P