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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Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 9531 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, MB Docket No. 07–296, 

adopted January 27, 2010, and released 

January 29, 2010. The full text of this 

Commission document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center (Room CY–A257), 

445 12th Street, SW., Washington, DC. 

The complete text of this decision 

may also be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW, Room CY–B402, Washington, DC 

20554, 800–378–3160 or via the 

company’s website, <http:// 

www.bcpiweb.com>. 

The Notice of Proposed Rule Making 

also included an Order to Show Cause 

directed to the licensee of Station 

WFLQ(FM), French Lick, Indiana, to 

show cause why its license should not 

be modified to specify operation on 

Channel 229A in lieu of Channel 261A. 

See 73 FR 50296, published August 26, 

2008. Although Station WFLQ(FM) 

argued that it should not be required to 

change channels, the Report and Order 

found that the station had not raised a 

substantial and material question of fact 

that would warrant a hearing on this 

issue. The document also states that the 

ultimate permittee of Channel 261A at 

Irvington, Kentucky, will be required to 

reimburse Station WFLQ(FM), French 

Lick, Indiana, for its reasonable and 

prudent costs associated with the 

involuntary channel change at French 

Lick. The reference coordinates for 

Channel 261A at Irvington are 37–56–52 

NL and 86–24–54 WL. The reference 

coordinates for Channel 229A at French 

Lick are 38–35–41 NL and 86–36–48 

WL. Finally, because Station WFLQ(FM) 

is a licensed station, the channel 

substitution at French Lick will be 

updated in the Commission’s 

Consolidated Data Base System [CDBS]. 

This document does not contain new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

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 & Order in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR part 73 as follows: 

PART 73—RADIO BRAODCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

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

§ 73.202 [Amended] 

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

Allotments under Kentucky, is amended 

by adding Irvington, Channel 261A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, 

Audio Division, 

Media Bureau. 

[FR Doc. 2010–4364 Filed 3–2–10; 8:45 am] 

BILLING CODE 6712–01–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 600 

[Docket No. 071220872–0093–04] 

RINs 0648–AS71 and 0648–AU71 

Magnuson-Stevens Act Provisions; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This rule amends general 

provisions for domestic fisheries in the 

western Pacific to correct errors that 

resulted from two recent rules. This 

action is necessary to remedy missing 

information, out of date administrative 

references, and a misspelling. 

DATES: Effective March 3, 2010. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, Pacific Islands Region, NMFS, 

808 944–2271. 

SUPPLEMENTARY INFORMATION: On 

November 21, 2008, NMFS published in 

the Federal Register a final rule (73 FR 

70600) designating three species of 

pelagic squid as management unit 

species under the Fishery Management 

Plan for Pelagic Species of the Western 

Pacific Region (FMP). That rule also 

established permitting and reporting 

requirements, and authorization for 

NMFS to place observers on squid 

fishing vessels. This final rule was 

effective December 22, 2008, except for 

the collection-of-information 

requirements, which were effective 

October 5, 2009 (74 FR 45756, 

September 4, 2009). 

The final rule that included squid jig 

fishing in the FMP inadvertently 

omitted an instruction to revise the table 

of authorized fishing gear at 50 CFR 

600.725(v). The rule established squid 

as management unit species in the 

definition of western Pacific pelagic 

management unit species (50 CFR 

665.800). The rule authorized squid jig 

fishing (50 CFR 665.801(g)), and defined 

squid jig gear (50 CFR 665.800). The 

rule also set restrictions on the use of 

squid jig gear (50 CFR 665.14(b), 

665.808, and 665.802(zz)). By these 

actions, squid jig gear and fishing are 

authorized and managed. However, the 

rule did not include this authorized 

fishing gear in the table at 50 CFR 

600.725(v), which provides a complete 

list of all authorized fishing gear in the 

FEPs. The rule should have added an 

entry to include squid jig as an 

authorized gear in the squid jig fishery 

in item 7 (western Pacific pelagic 

fisheries in the FMP) of section VIII 

(fisheries under the jurisdiction of the 

Western Pacific Fishery Management 

Council) in that table. This final rule 

corrects that error, and no substantive 

changes are made to the regulations. 

Additionally, on January 14, 2010, 

NMFS published in the Federal Register 

a final rule (75 FR 2198) restructuring 

western Pacific fishery regulations at 50 

CFR part 665 to be consistent with five 

new area-specific fishery ecosystem 

plans (FEP). The FEPs were established 

as FMPs, consistent with the MagnusonStevens Fishery Conservation and 

Management Act. In that rule, no 

substantive changes were made to the 

regulations. NMFS also restructured 

western Pacific regulations to be 

consistent with the area-specific 

organization of the FEPs, and changed 

administrative references in western 

Pacific regulations from ‘‘FMP’’ to ‘‘FEP.’’ 

That final rule was effective February 

16, 2010. 

That final rule inadvertently omitted 

an instruction to revise the table of 

authorized fishing gear at 600.725(v) to 

change references from ‘‘FMP’’ to ‘‘FEP’’ 

in section VIII (fisheries under the 

jurisdiction of the Western Pacific 

Fishery Management Council). This 

final rule corrects those administrative 

references; no substantive changes are 

made to the regulations. 


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