
[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]


=======================================================================
-----------------------------------------------------------------------

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


