Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 9527 

Global Plus 2 (MC2008–7, 

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6 and CP2009–62) 

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(MC2009–14 and CP2009–20) 

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Priority 

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Priority Mail 

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Outbound Priority Mail International 

[Reserved for Product Description] 

Inbound Air Parcel Post 

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[Reserved for Group Description] 

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[Reserved for Group Description] 

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Part D—Country Price Lists for International Mail [Reserved] 

[FR Doc. 2010–4410 Filed 3–2–10; 8:45 am] 

BILLING CODE 7710–FW–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0750; FRL–8800–9] 

Trichoderma asperellum strain ICC 

012; Exemption from the Requirement 

of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the 

Trichoderma asperellum strain ICC 012 

on all food/feed commodities when 

applied pre-harvest in accordance with 

good agricultural practices. Isagro, 

S.p.A. submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 

Trichoderma asperellum strain ICC 012. 

DATES: This regulation is effective 

March 3, 2010. Objections and requests 

for hearings must be received on or 

before May 3, 2010, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0750. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Susanne Cerrelli, Biopesticides and 

Pollution Prevention Division (7511P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8077; e-mail address: 

cerrelli.susanne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. The EPA procedural 

regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 


erowe on DSK5CLS3C1PROD with RULES
9528 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2008–0750 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before May 3, 2010. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA–HQ–OPP–2008–0750, by one of 

the following methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background and Statutory Findings 

In the Federal Register of November 

12, 2008 (73 FR 66897) (FRL–8386–8), 

EPA issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 8F7326) 

by Isagro, S.p.A., Via Caldera 21, 

fabbricato D, la 3, 20153 Milano, Italy. 

The petition requested that 40 CFR part 

180 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of Trichoderma 

asperellum strain ICC 012 (originally 

classified as Trichoderma harzianum). 

The docket for this notice (EPA–HQ– 

OPP–2008–0750) included a summary 

of the petition prepared by the 

petitioner Isagro, S.p.A. An anonymous 

American citizen commented that only 

zero residue should be allowed and 

expressed concern about toxic 

chemicals found in the bodies of 

Americans. Pursuant to its authority 

under FIFRA, the Agency conducted a 

rigorous assessment of Trichoderma 

asperellum strain ICC 012 and 

concluded that it is not expected to 

cause any unreasonable adverse effects 

to human health or the environment. 

The Agency is establishing an 

exemption from the requirement of a 

tolerance for this active ingredient, as 

neither toxicity nor pathogenicity were 

observed for this active ingredient in 

submitted laboratory studies. 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Pursuant to 

section 408(c)(2)(B) of FFDCA, in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in sections 

408(b)(2)(C) and (D) of FFDCA, which 

require EPA to give special 

consideration to exposure of infants and 

children to the pesticide chemical 

residue in establishing a tolerance and 

to ‘‘ensure that there is a reasonable 

certainty that no harm will result to 

infants and children from aggregate 

exposure to the pesticide chemical 

residue. . . .’’ Additionally, section 

408(b)(2)(D) of FFDCA requires that the 

Agency consider ‘‘available information 

concerning the cumulative effects’’ of a 

particular pesticide’s residues and 

‘‘other substances that have a common 

mechanism of toxicity.’’ 

EPA performs a number of analyses to 

determine the risks from aggregate 

exposure to pesticide residues. First, 

EPA determines the toxicity of 

pesticides. Second, EPA examines 

exposure to the pesticide through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. 

III. Toxicological Profile 

Consistent with section 408(b)(2)(D) 

of FFDCA, EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action and considered its validity, 

completeness, and reliability and the 

relationship of this information to 

human risk. EPA has also considered 

available information concerning the 

variability of the sensitivities of major 

identifiable subgroups of consumers, 

including infants and children. 

Trichoderma asperellum strain ICC 

012 was isolated from a suppressive soil 

in central Italy. Trichoderma asperellum 

strain ICC 012 is used for control of 

many soil borne fungal plant pathogens 

i.e., Pythium species (spp.), 

Phytophthora spp., Sclerotinia spp., 

Sclerotium spp., Thielaviopsis basicola, 

Rhizoctonia spp., Verticillium spp. 

Trichoderma asperellum strain ICC 012 

acts as a pathogen antagonist, colonizing 

in soil and roots to compete with plant 

pathogenic fungi for space and 

nutrients. Moreover, Trichoderma 

asperellum strain ICC 012 also attacks 

the cell walls of pathogens with 

enzymes. 

Toxicological data on the active 

ingredient, submitted by the 

manufacturer, Isagro, S.p.A., has been 

accepted to support the current 

exemption from the requirement of a 

tolerance for residues and various 

registrations. 

EPA review of these studies indicated 

that the active ingredient was not toxic 

to test animals when administered via 

the oral, dermal, intraperitoneal or 

pulmonary routes of exposure. The 

active ingredient was not infective or 

pathogenic to test animals when 

administered via the pulmonary route. 

This pulmonary clearance is enough 

evidence to demonstrate no infectivity. 

No reports of hypersensitivity have been 

recorded from personnel working with 

this organism. Based on these data, the 

Agency has concluded that there is a 

reasonable certainty that no harm will 

result from aggregate exposure to 

residues of Trichoderma asperellum 

strain ICC 012, including all anticipated 

dietary exposures and all other 

exposures for which there is reliable 

information. Thus, under the standard 

in section 408(c)(2) of FFDCA, an 

exemption from the requirement for a 

tolerance is appropriate. Studies on the 

active ingredient include the following: 

In an acute oral toxicity study Master 

Record Identification Number (MRID 

47345901), groups of fasted, 6-7 week 

old rats (5/sex) were given a single oral 

dose of Trichoderma asperellum strain 

ICC 012 (Trichoderma asperellum 

conidia 4.2 x 109 CFU/g) in 0.9% NaCl 

solution at a dose of 2,000 milligrams/ 

kilograms (mg/kg) of body weight (bw) 

in a limit test. The animals were then 

observed for a period of 14 days. The 

following Oral lethal dose (LD)50

findings for males, females, and 

combined were reported: Males > 2,000 

mg/kg of bw, females > 2,000 mg/kg of 

bw, combined > 2,000 mg/kg of bw. No 

mortality occurred during the study. 

Based on the results of this study, 


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Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 9529 

Trichoderma asperellum strain ICC 012 

was not toxic at 2,000 mg/kg of bw. 

In an acute intraperitoneal injection 

toxicity study (MRID 47345902), groups 

of fasted, 6-7 week old rats (3/sex) were 

injected with Trichoderma asperellum 

strain ICC 012 (Trichoderma asperellum 

conidia 4.2 x 109 CFU/g) in 0.9% NaCl 

solution at a dose of 1 x 108 CFU/g in 

a limit test. Animals were then observed 

for up to 21 days. Control animals were 

injected with 0.9% NaCl solution only. 

Trichoderma asperellum strain ICC 012 

is not toxic based on these results. 

In an acute pulmonary toxicity/ 

pathogenicity study (MRID’s 47345903, 

47345904), groups of fasted, 44-55 day 

old rats (31/sex) were exposed by the 

intratracheal route to Trichoderma 

asperellum strain ICC 012 (Trichoderma 

asperellum conidia 4.2 x 109 CFU/g) in 

a 0.1% solution of Tween 20 in water 

for injection at a dose of 1 x 108 CFU/ 

animal. Animals were then observed for 

up to 22 days. Rats in the control group 

were administered the vehicle only. 

Rats in the reference groups were 

administered inactivated test item. 

There were no treatment related clinical 

signs or changes in bw. Samples of 

feces, lungs, lymph nodes, kidneys, 

brain, liver, spleen, and blood were 

taken for the determination of microbial 

enumeration. The viable count was 4.2 

x 109 CFU/g and the greatest density 

was detected in lung tissue. The 

pulmonary LD50 observed was: Males > 

1 x 107 CFU/animal, females > 1 x 107

CFU/animal, combined > 1 x 107 CFU/ 

animal. No mortalities occurred during 

the study. Based on these results, 

Trichoderma asperellum strain ICC 012 

is of low toxicity and is not infective or 

pathogenic in the rat. 

IV. Aggregate Exposures 

In examining aggregate exposure, 

section 408 of FFDCA directs EPA to 

consider available information 

concerning exposures from the pesticide 

residue in food and all other nonoccupational exposures, including 

drinking water from ground water or 

surface water and exposure through 

pesticide use in gardens, lawns, or 

buildings (residential and other indoor 

uses). 

A. Dietary Exposure 

Dietary exposure to the microbial 

pesticide is likely to occur. However, 

the lack of acute oral toxicity, 

infectivity, and pathogenicity support 

the establishment of an exemption from 

the requirement of a tolerance for 

Trichoderma asperellum strain ICC 012. 

1. Food. Dietary exposure to the 

microbe is expected to be minimal. The 

product is typically applied to soil and 

sometimes may be applied when the 

crops are growing in the field, resulting 

in residues on the crops. The Agency 

expects residues on food to be minimal 

because this pesticide is typically 

applied to soil, rather than crops. 

Moreover, Trichoderma lives in soils 

and is unlikely to live on the plants 

because any spores that do end up on 

the plant due to application will likely 

decrease over time due to weathering, 

desiccation and ultraviolet radiation 

which can kill even quiescent forms of 

the fungus. In the unlikely event that 

the applied fungus can grow on edible 

portions of the treated crop, there is no 

hazard present in these residues, as 

demonstrated by the results of testing 

which show no toxicity or pathogenicity 

in treated animals when dosed with the 

fungus at orders of magnitude above any 

expected exposure to the microbial 

pesticide. 

2. Drinking water exposure. Drinking 

water exposure is expected to be 

negligible because Trichoderma 

asperellum strain ICC 012 is not applied 

to water, nor is it expected to proliferate 

in aquatic environments because 

Trichoderma asperellum lives in soil. 

Moreover, the Agency believes that 

Trichoderma within the soil will not 

likely percolate into water because of 

the large size of the fungal spores and 

the fact that they adhere to soil 

particles. Even if oral exposure should 

occur through drinking water, the 

Agency concludes that there is a 

reasonable certainty that no harm will 

result from the exposure to the residues 

of Trichoderma asperellum in all the 

anticipated drinking water exposures 

because of the lack of acute oral 

toxicity/pathogenicity to mammals, as 

previously described. 

B. Other Non-Occupational Exposure 

Trichoderma asperellum strain ICC 

012 is a naturally occurring microbe and 

is ubiquitous in the environment. 

Trichoderma asperellum strain ICC 012 

will be applied to substrate mixes, 

ornamental plants, agricultural fields, 

turf, and various plants grown in 

greenhouses. Although some 

applications to turf or ornamental plants 

may be in residential areas, non-dietary 

exposure would be expected to be below 

the Agency’s level of concern because of 

its low toxicity classification, and 

because the lab results indicate 

Trichoderma asperellum strain ICC 012 

is not pathogenic to mammals. 

V. Cumulative Effects 

Section 408(b)(2)(D)(v) of FFDCA 

requires the Agency to consider the 

cumulative effect of exposure to 

Trichoderma asperellum strain ICC 012 

and to other substances that have a 

common mechanism of toxicity. These 

considerations include the possible 

cumulative effects of such residues on 

infants and children. Based on tests in 

mammalian systems, Trichoderma 

asperellum strain ICC 012 does not 

appear to be toxic to humans via dietary 

and pulmonary exposure. Therefore, the 

requirement to consider cumulative 

effects does not apply. 

VI. Determination of Safety for U.S. 

Population, Infants and Children 

Section 408(b)(2)(C) of FFDCA, as 

amended by the Food Quality Protection 

Act (FQPA) of 1996, provides that EPA 

shall assess the available information 

about consumption patterns among 

infants and children, special 

susceptibility of infants and children to 

pesticide chemical residues, and the 

cumulative effects on infants and 

children of the residues and other 

substances with a common mechanism 

of toxicity. In addition, section 

408(b)(2)(C) of FFDCA provides that 

EPA shall apply an additional tenfold 

margin of safety for infants and children 

in the case of threshold effects to 

account for prenatal and postnatal 

toxicity and the completeness of the 

database unless EPA determines that a 

different margin of safety will be safe for 

infants and children. 

Based on the acute toxicity 

information discussed in this unit, EPA 

concludes that there is a reasonable 

certainty that no harm will result from 

aggregate exposure to the United States 

population, including infants and 

children, to residues of Trichoderma 

asperellum strain ICC 012. This 

includes all anticipated dietary 

exposures and all other exposures for 

which there is reliable information. The 

Agency has arrived at this conclusion 

because the data available on 

Trichoderma asperellum strain ICC 012 

demonstrate a low toxicity/ 

pathogenicity potential. Trichoderma 

asperellum strain ICC 012 is not a 

human pathogen and has not been 

implicated in human disease. Thus, 

there are no threshold effects of concern 

and, as a result, the provision requiring 

an additional margin of safety does not 

apply. 

VII. Other Considerations 

A. Endocrine Disruptors 

The Agency has no information to 

suggest that Trichoderma asperellum 

strain ICC 012 has an effect on the 

endocrine system. No specific tests have 

been conducted with Trichoderma 

asperellum strain ICC 012 to determine 

such effects. However, the submitted 


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9530 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 

toxicity/pathogenicity studies in rodents 

indicated that following several routes 

of exposure, the immune system is still 

intact and able to process and clear the 

active ingredient. Trichoderma 

asperellum strain ICC 012 is a 

ubiquitous organism in the environment 

and there have been no reports of the 

organism affecting endocrine systems. 

Therefore, it is unlikely that this 

organism would have estrogenic or 

endocrine effects, and it is practically 

non-toxic to mammals. 

B. Analytical Method 

The Agency proposes to establish an 

exemption from the requirement of a 

tolerance without any numerical 

limitation; therefore, the Agency has 

concluded that an analytical method is 

not required for enforcement purposes 

for Trichoderma asperellum strain ICC 

012. 

C. Codex Maximum Residue Level 

No Codex maximum residue level 

exists for Trichoderma asperellum. 

VIII. Conclusions 

There is a reasonable certainty that no 

harm will result from aggregate 

exposure to the U.S. population, 

including infants and children, to 

residues of Trichoderma asperellum 

strain ICC 012 in or on all food and feed 

commodities. This includes all 

anticipated dietary exposures and all 

other exposures for which there is 

reliable information. The Agency has 

arrived at this conclusion because, as 

discussed in Unit III. no toxicity or 

pathogenicity to mammals has been 

observed in test animals. 

IX. Statutory and Executive Order 

Reviews 

This final rule establishes an 

exemption from the requirement of a 

tolerance under section 408(d) of 

FFDCA in response to a petition 

submitted to the Agency. The Office of 

Management and Budget (OMB) has 

exempted these types of actions from 

review under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Because this final rule has been 

exempted from review under Executive 

Order 12866, this final rule is not 

subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the exemption in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

X. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 4, 2010. 

Steven Bradbury, 

Acting Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.1294 is added to 

subpart D to read as follows: 

§ 180.1294 Trichoderma asperellum strain 

ICC 012; exemption from the requirement of 

a tolerance. 

Trichoderma asperellum strain ICC 

012 is exempted from the requirement 

of a tolerance in or on all food and feed 

commodities when applied pre-harvest 

and used in accordance with good 

agricultural practices. 

[FR Doc. 2010–3854 Filed 3–2–10; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–196, MB Docket No. 07–296, RM– 

11412] 

FM TABLE OF ALLOTMENTS, French 

Lick, Indiana, and Irvington, Kentucky. 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The staff grants a rulemaking 

petition filed by L. Dean Spencer to allot 

FM Channel 261A at Irvington, 

Kentucky, as a first local service. To 

accommodate this new allotment, the 

staff modifies the license of Station 

WFLQ(FM), French Lick, Indiana, to 

specify operation on Channel 229A in 

lieu of Channel 261A. 

DATES: Effective March 15, 2010. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 


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