Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 15857 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 11–419; MB Docket No. 09–181; RM– 

11573] 

Radio Broadcasting Services; Early 

and Lake Brownwood, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division dismisses 

the petition for rule making filed by 

Katherine Pyeatt, proposing the 

allotment of Channel 294C2 at Lake 

Brownwood; and grants the 

counterproposal filed by Munbilla 

Broadcasting Properties, Ltd., requesting 

the allotment of Channel 294A at Early, 

Texas. Channel 294A can be allotted at 

Early, consistent with the minimum 

distance separation requirements of the 

Commission’s rules, at coordinates 31– 

46–21 NL and 98–52–41 WL, with a site 

restriction of 7.2 km (4.5 miles) 

northeast of the community 

DATES: Effective April 18, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–181, 

adopted March 2, 2011, and released 

March 4, 2011. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

The complete text of this decision also 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http:// 

www.bcpiweb.com. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506 (c)(4). The Commission will send 

a copy of this Report and Order in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see U.S.C. 801(a)(1)(A). 

List Of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for Part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336 and 

339. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

adding Early, Channel 294A. 

[FR Doc. 2011–6716 Filed 3–21–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 16 

[Docket No. FWS–R3–FHC–2010–0094; 

94140–1342–0000–N5] 

RIN 1018–AT49 

Injurious Wildlife Species; Listing the 

Bighead Carp (Hypophthalmichthys 

nobilis) as Injurious Fish 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service) adds the bighead carp 

(Hypophthalmichthys nobilis), a large 

fish native to eastern Asia, to the list of 

injurious fish, mollusks, and 

crustaceans. The importation into the 

United States and interstate 

transportation between States, the 

District of Columbia, the 

Commonwealth of Puerto Rico, or any 

territory or possession of the United 

States of all forms of live bighead carp, 

gametes, viable eggs, and hybrids 

thereof is prohibited, except by permit 

for zoological, education, medical, or 

scientific purposes (in accordance with 

permit regulation at 50 CFR 16.22) or by 

Federal agencies without a permit solely 

for their own use. 

DATES: This rule is effective March 22, 

2011. 

ADDRESSES: The final rule and 

supporting documents will be available 

on the Internet at http:// 

www.regulations.gov at Docket No. 

FWS–R3–FHC–2010–0094. 

FOR FURTHER INFORMATION CONTACT: Nate 

Caswell, Fish Biologist, U.S. Fish and 

Wildlife Service, Carterville Fish and 

Wildlife Conservation Office, 9053 Rt. 

148, Suite A, Marion, IL 62959; 

telephone 618–997–6869; facsimile 

618–997–9185. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

In October 2002, the U.S. Fish and 

Wildlife Service (Service) received a 

petition signed by members of Congress 

representing the Great Lakes region to 

add bighead, silver, and black carp to 

the list of injurious wildlife under the 

Lacey Act (18 U.S.C. 42). In a final rule 

of July 10, 2007 (72 FR 37459), the 

Service added silver and largescale 

silver carp to the list of injurious 

wildlife at 50 CFR 16.13, and in a final 

rule of October 18, 2007 (72 FR 59019), 

the Service added black carp to this list. 

The Service published a Federal 

Register notice of inquiry on bighead 

carp (68 FR 54409; September 17, 2003) 

and provided a 60-day public comment 

period, but the listing process for this 

species was delayed. Another letter 

from members of Congress in 2009 

supported the petitioned action for 

bighead carp. 

The Asian Carp Prevention and 

Control Act (Pub. L. 111–307) was 

passed by the Senate on November 17, 

2010, and by the House of 

Representatives on December 1, 2010, 

and signed into law by President Obama 

on December 14, 2010. The law amends 

the Lacey Act (18 U.S.C. 42) by adding 

the bighead carp (Hypophthalmichthys 

nobilis) to the list of injurious animals 

contained therein. The statutory 

prohibitions and exceptions for this 

species went into effect upon signature 

into law. This rule adds the bighead 

carp to the list of injurious fish, 

mollusks, and crustaceans at 50 CFR 

16.13. 

Description of the Final Rule 

The regulations contained in 50 CFR 

part 16 implement the Lacey Act (18 

U.S.C. 42) as amended. Under the terms 

of that law, the importation and 

interstate transportation of certain 

named wildlife is prohibited, with 

exceptions. Additionally, the Secretary 

of the Interior is authorized to prescribe 

by regulations other wild animals, or 


Emcdonald on DSK2BSOYB1PROD with RULES
15858 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 

viable eggs thereof, that are deemed to 

be injurious or potentially injurious to 

the health and welfare of human beings, 

to the interests of agriculture, forestry, 

or horticulture, or to the welfare and 

survival of the wildlife or wildlife 

resources of the United States. 

The Asian Carp Prevention and 

Control Act added the bighead carp to 

the statutory list. The Service 

accordingly amends 50 CFR 16.13 to 

reflect the current list of prohibited 

wildlife. By adding all forms of live 

bighead carp (Hypophthalmichthys 

nobilis), gametes, viable eggs, and 

hybrids thereof to the list of injurious 

fish, mollusks, and crustaceans in 18 

U.S.C. 42 and now in 50 CFR 16.13, 

their importation into the United States 

or transportation between States, the 

District of Columbia, the 

Commonwealth of Puerto Rico, or any 

territory or possession of the United 

States by any means whatsoever is 

prohibited except by permit for 

zoological, educational, medical, or 

scientific purposes, or by Federal 

agencies without a permit solely for 

their own use upon filing a written 

declaration with the District Director of 

Customs at the port of entry. In 

addition, no live bighead carp, gametes, 

viable eggs, or hybrids thereof acquired 

under permit may be sold, donated, 

traded, loaned, or transferred to any 

other person unless such person has a 

permit issued by the Director of the 

Service. The interstate transportation of 

any live bighead carp, gametes, viable 

eggs, or hybrids thereof that currently 

may be held in the United States for any 

purpose is prohibited, unless authorized 

by permit. 

In adding bighead carp to the list of 

injurious fish, we are revising some of 

the current text in 50 CFR 16.13. These 

changes are nonsubstantive and for the 

purposes of creating a consistent format 

for the list and helping to ensure clarity. 

Effective Date 

We are making this rule effective 

upon publication in the Federal 

Register. In accordance with the 

Administrative Procedure Act (5 U.S.C. 

553 (d)(3)), we find good cause to make 

this rule effective less than 30 days after 

publication in the Federal Register. 

With the signing of Public Law 111–307, 

the listing of bighead carp and the 

statutory prohibitions on importation 

into the United States and interstate 

transport went into effect on December 

14, 2010. The Service does not have the 

authority to delay the effectiveness of 

the listing or the prohibitions. 

Therefore, we find good cause to make 

this rule effective immediately. 

Required Determinations 

This rulemaking amends the list of 

prohibited species in 50 CFR 16.13 to 

accurately reflect the addition made by 

Public Law 111–307, the Asian Carp 

Prevention and Control Act, which 

amends the U.S. Code (18 U.S.C. 42) by 

adding the bighead carp to its list of 

injurious animals. To update the Code 

of Federal Regulations to conform with 

Public Law 111–307, it is necessary to 

add this species to the implementing 

regulations (50 CFR 16.13). The 

Administrative Procedure Act requires 

publication of a proposed rule and the 

opportunity for public comment, except 

when such notice and comment would 

be impracticable, unnecessary, or 

contrary to the public interest. In this 

situation, public notice and the 

opportunity to comment are 

unnecessary because there would be 

nothing for the public to comment on. 

The Service does not have the authority 

to remove or alter either the listing that 

Congress put in place with Public Law 

111–307 or the prohibitions that went 

into effect on December 14, 2010. The 

facts of this situation may also meet the 

‘‘contrary to the public interest’’ 

standard under the APA to the extent 

that publication of a proposed rule 

would likely mislead the public by 

implying either that the prohibitions are 

not yet in effect or that the agency has 

discretion over whether the species 

should be listed or discretion over the 

scope or timing of the prohibitions. This 

rulemaking involves no discretionary or 

policy decisionmaking on the part of the 

Service, but merely amends regulations 

to reflect a change in statute. As such, 

neither an economic analysis nor an 

environmental assessment was required 

in conjunction with this rulemaking. 

Information Collection Requirements 

This final rule contains no 

information collection requirements for 

which Office of Management and 

Budget approval is required under the 

Paperwork Reduction Act of 1980 (44 

U.S.C. 3501 et seq.). 

List of Subjects in 50 CFR Part 16 

Fish, Imports, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

Accordingly, 50 CFR part 16 is 

amended as described below: 

PART 16—INJURIOUS WILDLIFE 

■ 1. The authority citation for part 16 is 

revised to read as follows: 

Authority: 18 U.S.C. 42. 

■ 2. Amend § 16.13(a)(2) as follows: 

■ a. In paragraphs (a)(2)(i) through (iii) 

and paragraph (a)(2)(iv)(BB), by 

removing the semicolon at the end of 

the paragraph and adding a period in its 

place; 

■ b. By removing paragraphs (a)(2)(v) 

and (vi); and 

■ c. By adding a new paragraph (a)(2)(v) 

to read as follows: 

§ 16.13 Importation of live or dead fish, 

mollusks, and crustaceans, or their eggs. 

(a) * * * 

(2) * * * 

(v) Any live fish, gametes, viable eggs, 

or hybrids of the following Asian carp 

species in family Cyprinidae: 

(A) Hypophthalmichthys harmandi 

(largescale silver carp). 

(B) Hypophthalmichthys molitrix 

(silver carp). 

(C) Hypophthalmichthys nobilis 

(bighead carp). 

(D) Mylopharyngodon piceus (black 

carp). 

* * * * * 

Dated: March 4, 2011. 

Paul R. Schmidt. 

Acting Director, Fish and Wildlife Service. 

[FR Doc. 2011–6507 Filed 3–21–11; 8:45 am] 

BILLING CODE 4310–55–P 


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