8292 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules 

a new paragraph (g)(1)(ii) to read as 

follows: 

§ 1310.04 Maintenance of records. 

* * * * * 

(g) * * * 

(1) * * * 

(ii) Ergocristine and its salts 

* * * * * 

4. Section 1310.09 is amended by 

adding new paragraph (k) to read as 

follows: 

§ 1310.09 Temporary exemption from 

registration. 

* * * * * 

(k)(1) Each person required under 

Sections 302 and 1007 of the Act (21 

U.S.C. 822, 957) to obtain a registration 

to manufacture, distribute, import, or 

export regulated ergocristine and its 

salts, including regulated chemical 

mixtures pursuant to Section 1310.12 of 

this part, is temporarily exempted from 

the registration requirement, provided 

that DEA receives a properly completed 

application for registration or 

application for exemption for a 

chemical mixture containing 

ergocristine and its salts pursuant to 

Section 1310.13 of this part on or before 

(30 days after publication of a Final 

Rule implementing regulations 

regarding ergocristine). The exemption 

will remain in effect for each person 

who has made such application until 

the Administration has approved or 

denied that application. This exemption 

applies only to registration; all other 

chemical control requirements set forth 

in the Act and parts 1309, 1310, 1313, 

and 1316 of this chapter remain in full 

force and effect. 

(2) Any person who manufactures, 

distributes, imports or exports a 

chemical mixture containing 

ergocristine and its salts whose 

application for exemption is 

subsequently denied by DEA must 

obtain a registration with DEA. A 

temporary exemption from the 

registration requirement will also be 

provided for those persons whose 

applications for exemption are denied, 

provided that DEA receives a properly 

completed application for registration 

on or before 30 days following the date 

of official DEA notification that the 

application for exemption has been 

denied. The temporary exemption for 

such persons will remain in effect until 

DEA takes final action on their 

registration application. 

5. Section 1310.12(c) is amended by 

adding in alphabetical order an entry 

‘‘Ergocristine and its salts’’ in the table 

‘‘Table of Concentration Limits’’ to read 

as follows: 

§ 1310.12 Exempt chemical mixtures. 

* * * * * 

(c) * * * 

TABLE OF CONCENTRATION LIMITS

DEA chemical 

code number Concentration Special conditions 

List I Chemicals 

* * * * * * * 

Ergocristine and its salts ........................................................... 8612 Not exempt at any concentration.Chemical mixtures containing 

any amount of ergocristine 

and its salts are not exempt. 

* * * * * * * 

* * * * * 

Dated: February 12, 2010. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 2010–3701 Filed 2–23–10; 8:45 am] 

BILLING CODE 4410–09–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0009; FRL–9115–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Opacity Source Surveillance Methods 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia for the 

purpose of updating methods for 

determining compliance with opacity 

standards for existing, new and 

modified stationary sources in Virginia. 

In the Final Rules section of this 

Federal Register, EPA is approving the 

State’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by March 26, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0009 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0009, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010– 

0009. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 


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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules 8293 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

e-mail at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information on this action, 

which revises the Virginia SIP to update 

methods for determining compliance 

with opacity standards for existing, new 

and modified stationary sources, please 

see the information provided in the 

direct final action, with the same title, 

that is located in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register publication. Please note that if 

EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

Dated: February 1, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–3511 Filed 2–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R9–2009–0075; MO– 

9221050083–B2] 

Endangered and Threatened Wildlife 

and Plants; Review of Native Species 

That Are Candidates for Listing as 

Endangered or Threatened; Annual 

Notice of Findings on Resubmitted 

Petitions; Annual Description of 

Progress on Listing Actions; 

Correction 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of review; correction. 

SUMMARY: This document corrects 

language used to describe the candidate 

status of the Sierra Nevada Distinct 

Population Segment of Rana muscosa, 

in a notice published in the Federal 

Register on November 9, 2009, 

regarding the review of species that are 

candidates for listing under the 

Endangered Species Act, as amended. 

The correction is to clarify that the 

Sierra Nevada Distinct Population 

Segment of Rana muscosa, as defined in 

the January 16, 2003 Federal Register, 

remains the candidate for listing. 

DATES: This correction is effective 

February 24, 2010. 

FOR FURTHER INFORMATION CONTACT: Jim 

Serfis, Chief, Branch of Candidate 

Conservation, U.S. Fish and Wildlife 

Service, 4401 N. Fairfax Drive, Room 

420, Arlington, VA 22203 (telephone 

703–358–2171; facsimile 703–358– 

1735). Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

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

SUPPLEMENTARY INFORMATION: 

Background 

In a notice published in the Federal 

Register on November 9, 2009 (74 FR 

57804), regarding the review of species 

that are candidates for listing under the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.), we 

included a discussion of the Sierra 

Nevada Distinct Population Segment 

(DPS) of the mountain yellow-legged 

frog. In that discussion, we included 

language addressing some recent 

taxonomic work. That language did not 

accurately convey our intent that the 

entity that we consider to be a candidate 

had not changed despite the recent 

taxonomic studies. The language we 

used created confusion rather than 

clarifying this issue. Thus, we are 

replacing two sentences from the 

discussion with new language as 

described below. 

Correction 

In the notice of review (74 FR 57804; 

November 9, 2009), we correct page 

57830, under the section entitled 

Amphibians, in the discussion of 

‘‘Mountain yellow-legged frog, Sierra 

Nevada DPS (Rana muscosa),’’ by 

removing the two sentences, ‘‘It is the 

population of R. muscosa found in the 

southern portion of the Sierra Nevada 

that is a candidate for listing. R. sierrae 

is not a candidate,’’ and replacing them 

with the following sentence ‘‘At this 

time, we have not adopted this 

taxonomic distinction of two species 

and continue to recognize mountain 

yellow-legged frogs in the Sierra Nevada 

Mountains of California as R. muscosa 

and as the candidate entity.’’ 

Dated: February 3, 2010. 

Daniel W. Ashe, 

Acting Director, Fish and Wildlife Service. 

[FR Doc. 2010–3691 Filed 2–23–10; 8:45 am] 

BILLING CODE 4310–55–P 


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