7434 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Proposed Rules 

believes it is likely that proceeding with 

negotiation of a consent agreement 

would be an efficient means of 

developing the data, EPA will use the 

following procedures to conduct such 

negotiations: 

(1) In the Federal Register, EPA will 

give notice of the availability of the 

proposal(s) that is the basis for 

negotiation, invite persons interested in 

participating in or monitoring 

negotiations to contact the Agency in 

writing, set a deadline for interested 

parties to contact the Agency in writing, 

and set a date for the negotiation 

meeting(s). 

(2) The Agency will meet with 

interested parties at the negotiation 

meeting(s) for the purpose of attempting 

to negotiate a consent agreement. Only 

the submitter(s) of the proposal(s) that is 

the basis for negotiation and those 

persons who submit written requests to 

participate in or monitor negotiations by 

the deadline established under 

paragraph (b)(1) of this section will be 

deemed ‘‘interested parties’’ for purposes 

of this section. 

(3) All negotiation meetings will be 

open to members of the public, but only 

interested parties will be permitted to 

participate in negotiations. The minutes 

of each meeting will be prepared by 

EPA. Meeting minutes, the proposed 

consent agreement(s), background 

documents and other materials 

distributed at negotiation meetings will 

be placed in an Internet-accessible 

public docket established by EPA. 

(4) If EPA concludes at any time that 

negotiations are unlikely to produce a 

final agreement, EPA will terminate 

negotiations and may proceed with 

rulemaking. If EPA terminates 

negotiations, no further opportunity for 

negotiations will be provided. EPA will 

notify all interested parties of the 

termination. 

(5) The period between the first 

negotiation meeting and final 

agreement, if any (‘‘the negotiation 

period’’), will be no longer than six 

months, unless extended prior to its 

expiration in accordance with paragraph 

(b)(7) of this section. This period will 

include all negotiation meetings, and 

the processes discussed in paragraphs 

(b)(6) and (b)(9) of this section. If the 

negotiation period passes without the 

production of a final agreement, 

negotiations and development of the 

subject ECA will terminate 

automatically. 

(6) EPA will circulate a draft of the 

consent agreement to all interested 

parties if EPA concludes that such draft 

is likely to achieve final agreement. A 

period of 30 days will be provided for 

submitting comments or written 

objections under paragraph (b)(8)(i)(B) 

of this section. 

(7) If, prior to the expiration of the 

negotiation period, final agreement has 

not been reached, EPA may at its 

discretion provide one or more 

extensions, each of which may be up to 

60 days, if it seems likely to EPA that 

a final agreement will be reached during 

that time. EPA will notify all interested 

parties of any extension(s). 

(8)(i) EPA will enter into consent 

agreements only where there is a 

consensus among the Agency, one or 

more manufacturers and/or processors 

who agree to conduct or sponsor the 

testing, and all other interested parties 

who identify themselves in accordance 

with paragraph (b)(2) of this section. 

EPA will not enter into a consent 

agreement in either of the following 

circumstances: 

(A) EPA and affected manufacturers 

and/or processors cannot reach a 

consensus in the timeframe described in 

paragraph (b)(5) of this section. 

(B) A draft consent agreement is 

considered inadequate by other 

interested parties who have submitted 

timely written objections to the draft 

consent agreement, which provide a 

specific explanation of the grounds on 

which the draft agreement is 

objectionable. 

(ii) EPA may reject objections 

described in paragraph (b)(8)(i)(B) of 

this section only where the Agency 

concludes the objections: 

(A) Are not made in good faith; 

(B) Are untimely; 

(C) Do not involve the adequacy of the 

proposed testing program or other 

features of the agreement that may affect 

EPA’s ability to fulfill the goals and 

purposes of the Toxic Substances 

Control Act (TSCA); or 

(D) Are not accompanied by a specific 

explanation of the grounds on which the 

draft agreement is considered 

objectionable. 

(iii) The unwillingness of some 

manufacturers and/or processors to sign 

the draft consent agreement does not, in 

itself, establish a lack of consensus if 

EPA concludes that those manufacturers 

and/or processors who are prepared to 

sign the agreement are capable of 

accomplishing the testing to be required 

and that the draft agreement will 

achieve the purposes of TSCA in all 

other respects. 

(9) Where a consensus exists, as 

described in paragraph (b)(8)(i) of this 

section, concerning the contents of a 

draft consent agreement, the draft 

consent agreement will be circulated to 

EPA management and the parties that 

are to conduct or sponsor testing under 

the agreement, for final approval and 

signature. 

(10) Upon final approval and 

signature of a consent agreement, EPA 

will publish a Federal Register 

document announcing the availability of 

the consent agreement and codifying (in 

subpart C of part 799) the name of the 

substance(s) to be tested and the citation 

to the Federal Register document. 

§§ 790.24, 790.26, and 790.28 [Removed] 

5. Remove §§ 790.24, 790.26, and 

790.28. 

Appendix A to Subpart E of Part 790 

[Removed] 

6. Remove Appendix A to subpart E 

of part 790. 

[FR Doc. 2010–3242 Filed 2–18–10; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 226 

RIN 0648–AX06 

Endangered and Threatened Species; 

Proposed Rule to Revise the Critical 

Habitat Designation for the 

Endangered Leatherback Sea Turtle; 

Extension of Public Comment Period 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: On January 5, 2010, NMFS 

proposed regulations to revise the 

critical habitat designation for the 

endangered leatherback sea turtle 

(Dermochelys coriacea) by designating 

additional areas within the Pacific 

Ocean. Specific areas proposed for 

designation include two adjacent 

marine areas totaling approximately 

46,100 square miles (119,400 square km) 

stretching along the California coast 

from Point Arena to Point Vincente; and 

one 24,500 square mile (63,455 square 

km) marine area stretching from Cape 

Flattery, WA, to the Umpqua River 

(Winchester Bay), OR, east of a line 

approximating the 2,000 meter depth 

contour. The areas proposed for 

designation comprise approximately 

70,600 square miles (182,854 square km) 

of marine habitat. NMFS is extending 

the comment period on the proposed 

regulations until April 23, 2010. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Proposed Rules 7435 

DATES: Comments and information 

regarding this proposed rule must be 

received by April 23, 2010. 

ADDRESSES: Written comments on the 

proposed rule may be submitted, 

identified by RIN 0648–AX06, and 

addressed to: David Cottingham, Chief, 

Marine Mammal and Sea Turtle 

Conservation Division, by any of the 

following methods: 

• Electronic Submissions: Submit all 

electronic comments via the Federal 

eRulemaking Portal: http:// 

www.regulations.gov; 

• Facsimile (fax): 301–713–4060, 

Attn: David Cottingham; 

• Mail: Chief, Marine Mammal and 

Sea Turtle Conservation Division, 

NMFS, Office of Protected Resources, 

1315 East West Highway, Silver Spring, 

MD, 20910. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. NMFS may elect not to 

post comments that contain obscene or 

threatening content. All Personal 

Identifying Information (for example, 

name, address, etc.) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. The 

proposed rule and supporting 

documents, including the biological 

report, economic report, initial 

regulatory flexibility analysis, and 

4(b)(2) report, are also available 

electronically at http:// 

www.nmfs.noaa.gov/pr/species/turtles/ 

leatherback.htm#documents. 

FOR FURTHER INFORMATION CONTACT: Sara 

McNulty, NMFS, Office of Protected 

Resources, 301–713–2322; Elizabeth 

Petras, NMFS Southwest Region, 562– 

980–3238; Steve Stone, NMFS 

Northwest Region, 503–231–2317. 

SUPPLEMENTARY INFORMATION: On 

January 5, 2010, NMFS published the 

Proposed Rule to Revise the Critical 

Habitat Designation for the Endangered 

Leatherback Sea Turtle (75 FR 319). 

That Federal Register notice began 

NMFS’ 60-day comment period, ending 

on March 8, 2010. 

NMFS subsequently received a 

request from the Pacific Fishery 

Management Council (Council) to 

extend the public comment period for 

an additional 45 days. The date the 

initial comment period closes falls in 

the middle of the Council’s March 2010 

meeting, precluding an opportunity for 

the Council to formulate and transmit 

comments. Additionally, the Council 

felt this proposed rule would be more 

appropriately discussed at the April 

Council meeting, where they plan to 

develop their comments. In this notice 

NMFS is extending the public comment 

period until April 23, 2010, in order to 

allow adequate time for the Council and 

others to thoroughly review and 

thoughtfully comment on the proposed 

rule. 

Authority: 16 U.S.C. 1531 et seq. 

Dated: February 12, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–3275 Filed 2–18–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100105009–0053–01] 

RIN 0648–AY51 

Fisheries of the Northeastern United 

States; Atlantic Deep-Sea Red Crab 

Fisheries; 2010 Atlantic Deep-Sea Red 

Crab Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes 2010 

specifications for the Atlantic deep-sea 

red crab fishery, including a target total 

allowable catch (TAC) and a fleet-wide 

days-at-sea (DAS) allocation. The 

implementing regulations for the 

Atlantic Deep-Sea Red Crab Fishery 

Management Plan (FMP) require NMFS 

to publish specifications for up to a 

period of 3 years and to provide an 

opportunity for public comment. The 

intent of this rulemaking is to specify 

the target TAC and other management 

measures in order to manage the red 

crab resource for fishing year (FY) 2010. 

DATES: Written comments must be 

received no later than 5 p.m. eastern 

standard time, on March 22, 2010. 

ADDRESSES: You may submit comments, 

identified by 0648–AY51, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal: http:// 

www.regulations.gov 

• Fax: (978) 281–9135, Attn: 

Regional Administrator. 

• Mail: Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope: ‘‘Comments on 

2010 Red Crab Specifications.’’ 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Copies of the specifications 

document, including the Environmental 

Assessment and Initial Regulatory 

Flexibility Analysis (EA/IRFA) and 

other supporting documents for the 

specifications, are available from Paul 

Howard, Executive Director, New 

England Fishery Management Council, 

50 Water Street, Newburyport, MA 

01950. The specifications document is 

also accessible via the Internet at http:// 

www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Moira Kelly, Fishery Policy Analyst, 

(978) 281–9218. 

SUPPLEMENTARY INFORMATION: 

Background 

The FMP includes a specification 

process that requires the New England 

Fishery Management Council (Council) 

to recommend, on a triennial basis, a 

target TAC and a fleet DAS allocation 

that is consistent with that target TAC. 

In FY 2009, NMFS published an 

emergency rule to modify the target 

TAC and fleet DAS to be consistent with 

the recommendations of the Data Poor 

Stocks Working Group and Review 

Panel (Working Group). The Working 

Group recommended a reduction in the 

maximum sustainable yield (MSY) to 

3.75–4.19 million lb (1,700–1,900 mt). 


srobinson on DSKHWCL6B1PROD with PROPOSALS