Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Rules and Regulations 6583 

(c) Tolerances with regional 

registrations. Tolerances with regional 

registrations are established for residues 

of the insecticide acetamiprid N1-[(6- 

chloro-3-pyridyl)methyl]-N2- cyano-N1- 

methylacetamidine, including its 

metabolites and degradates, in or on the 

commodities in the table below as a 

result of the application of acetamiprid. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only acetamiprid in or on the 

following commodities. 

Commodity Parts per million 

Clover, forage .................................................................................................................................................. 0.10 

Clover, hay ....................................................................................................................................................... 0.01 

*****

[FR Doc. 2010–2803 Filed 2–9–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0480; FRL–8807–8] 

Poly(oxy-1,2-ethanediyl), α-hydro-whydroxy-, polymer with 1, 1′- 

methylene-bis-[4- 

isocyanatocyclohexane]; Tolerance 

Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of poly(oxy-1,2- 

ethanediyl), a-hydro-w-hydroxy-, 

polymer with 1, 1′-methylene-bis-[4- 

isocyanatocyclohexane]; when used as 

an inert ingredient in a pesticide 

chemical formulation under 40 CFR 

180.960. UDL Laboratories, Inc. 

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 poly(oxy-1,2-ethanediyl), 

a-hydro-w-hydroxy-, polymer with 1, 1′- 

methylene-bis-[4- 

isocyanatocyclohexane] on food or feed 

commodities. 

DATES: This regulation is effective 

February 10, 2010. Objections and 

requests for hearings must be received 

on or before April 12, 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–2009–0480. 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: 

Elizabeth Fertich, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8560; e-mail address: 

fertich.elizabeth@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 Get Electronic Access to 

Other Related Information? 

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 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2009–0480 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 April 12, 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–2009–0480, 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 


cprice-sewell on DSK2BSOYB1PROD with RULES
6584 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Rules and Regulations 

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 October 7, 

2009 (74 FR 51597) (FRL–8792–7), EPA 

issued a notice pursuant to section 408 

of FFDCA, 21 U.S.C. 346a, announcing 

the receipt of a pesticide petition (PP 

9E7574) filed by UDL Laboratories, Inc., 

12720 Dairy Ashford, Sugar Land, TX 

77478–2844. The petition requested that 

40 CFR 180.960 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of poly(oxy-1,2-ethanediyl), a-hydro-whydroxy-, polymer with 1, 1′-methylenebis-[4-isocyanatocyclohexane]; CAS Reg. 

No. 39444–87–6. That notice included a 

summary of the petition prepared by the 

petitioner and solicited comments on 

the petitioner’s request. The Agency did 

not receive any substantive comments. 

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 tolerance 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 

use in residential settings, but does not 

include occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing an 

exemption from the requirement of 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...’’ and specifies factors 

EPA is to consider in establishing an 

exemption. 

III. Risk Assessment and Statutory 

Findings 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be shown that the 

risks from aggregate exposure to 

pesticide chemical residues under 

reasonably foreseeable circumstances 

will pose no appreciable risks to human 

health. In order to determine the risks 

from aggregate exposure to pesticide 

inert ingredients, the Agency considers 

the toxicity of the inert in conjunction 

with possible exposure to residues of 

the inert ingredient through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. If 

EPA is able to determine that a finite 

tolerance is not necessary to ensure that 

there is a reasonable certainty that no 

harm will result from aggregate 

exposure to the inert ingredient, an 

exemption from the requirement of a 

tolerance may be established. 

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. In the 

case of certain chemical substances that 

are defined as polymers, the Agency has 

established a set of criteria to identify 

categories of polymers expected to 

present minimal or no risk. The 

definition of a polymer is given in 40 

CFR 723.250(b) and the exclusion 

criteria for identifying these low-risk 

polymers are described in 40 CFR 

723.250(d). Poly(oxy-1,2-ethanediyl), ahydro-w-hydroxy-, polymer with 1, 1′- 

methylene-bis-[4- 

isocyanatocyclohexane] conforms to the 

definition of a polymer given in 40 CFR 

723.250(b) and meets the following 

criteria that are used to identify low-risk 

polymers. 

1. The polymer is not a cationic 

polymer nor is it reasonably anticipated 

to become a cationic polymer in a 

natural aquatic environment. 

2. The polymer does contain as an 

integral part of its composition the 

atomic elements carbon, hydrogen, and 

oxygen. 

3. The polymer does not contain as an 

integral part of its composition, except 

as impurities, any element other than 

those listed in 40 CFR 723.250(d)(2)(ii). 

4. The polymer is neither designed 

nor can it be reasonably anticipated to 

substantially degrade, decompose, or 

depolymerize. 

5. The polymer is manufactured or 

imported from monomers and/or 

reactants that are already included on 

the TSCA Chemical Substance 

Inventory or manufactured under an 

applicable TSCA section 5 exemption. 

6. The polymer is not a water 

absorbing polymer with a number 

average molecular weight (MW) greater 

than or equal to 10,000 daltons. 

Additionally, the polymer also meets 

as required the following exemption 

criteria specified in 40 CFR 723.250(e). 

7. The polymer’s number average MW 

of is greater than 1,000 and less than 

10,000 daltons. The polymer contains 

less than 10% oligomeric material 

below MW 500 and less than 25% 

oligomeric material below MW1,000, 

and the polymer does not contain any 

reactive functional groups. 

Thus, poly(oxy-1,2-ethanediyl), ahydro-w-hydroxy-, polymer with 1, 1′- 

methylene-bis-[4- 

isocyanatocyclohexane] meets the 

criteria for a polymer to be considered 

low risk under 40 CFR 723.250. Based 

on its conformance to the criteria in this 

unit, no mammalian toxicity is 

anticipated from dietary, inhalation, or 

dermal exposure to poly(oxy-1,2- 

ethanediyl), a-hydro-w-hydroxy-, 

polymer with 1, 1′-methylene-bis-[4- 

isocyanatocyclohexane]. 

IV. Aggregate Exposures 

For the purposes of assessing 

potential exposure under this 

exemption, EPA considered that 

poly(oxy-1,2-ethanediyl), a-hydro-whydroxy-, polymer with 1, 1′-methylenebis-[4-isocyanatocyclohexane] could be 

present in all raw and processed 

agricultural commodities and drinking 

water, and that non-occupational nondietary exposure was possible. The 

number average MW of poly(oxy-1,2- 

ethanediyl), a-hydro-w-hydroxy-, 

polymer with 1, 1′-methylene-bis-[4- 

isocyanatocyclohexane] is 1800 daltons. 

Generally, a polymer of this size would 

be poorly absorbed through the intact 

gastrointestinal tract or through intact 

human skin. Since poly(oxy-1,2- 

ethanediyl), a-hydro-w-hydroxy-, 

polymer with 1, 1′-methylene-bis-[4- 

isocyanatocyclohexane] conform to the 

criteria that identify a low-risk polymer, 

there are no concerns for risks 

associated with any potential exposure 

scenarios that are reasonably 

foreseeable. The Agency has determined 

that a tolerance is not necessary to 

protect the public health. 

V. Cumulative Effects 

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

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance or tolerance exemption, the 

Agency consider ‘‘available information’’ 

concerning the cumulative effects of a 

particular chemical’s residues and 

‘‘other substances that have a common 

mechanism of toxicity.’’ For the 


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Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Rules and Regulations 6585 

purposes of this tolerance action, EPA 

has not assumed that poly(oxy-1,2- 

ethanediyl), a-hydro-w-hydroxy-, 

polymer with 1, 1′-methylene-bis-[4- 

isocyanatocyclohexane] has a common 

mechanism of toxicity with other 

substances, based on the anticipated 

absence of mammalian toxicity. For 

information regarding EPA’s efforts to 

determine which chemicals have a 

common mechanism of toxicity and to 

evaluate the cumulative effects of such 

chemicals, see the policy statements 

released by EPA’s Office of Pesticide 

Programs concerning common 

mechanism determinations and 

procedures for cumulating effects from 

substances found to have a common 

mechanism on EPA’s website at http:// 

www.epa.gov/pesticides/cumulative. 

VI. Additional Safety Factor for the 

Protection of Infants and Children 

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 data base unless 

EPA concludes that a different margin of 

safety will be safe for infants and 

children. Due to the expected low 

toxicity of poly(oxy-1,2-ethanediyl), ahydro-w-hydroxy-, polymer with 1, 1′- 

methylene-bis-[4- 

isocyanatocyclohexane], EPA has not 

used a safety factor analysis to assess 

the risk. For the same reasons the 

additional tenfold safety factor is 

unnecessary. 

VII. Determination of Safety 

Based on the conformance to the 

criteria used to identify a low-risk 

polymer, EPA concludes that there is a 

reasonable certainty of no harm to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of poly(oxy-1,2-ethanediyl), ahydro-w-hydroxy-, polymer with 1, 1′- 

methylene-bis-[4- 

isocyanatocyclohexane]. 

VIII. Other Considerations 

A. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. International Tolerances 

The Agency is not aware of any 

country requiring a tolerance for 

poly(oxy-1,2-ethanediyl), a-hydro-whydroxy-, polymer with 1, 1′-methylenebis-[4-isocyanatocyclohexane] nor have 

any CODEX Maximum Residue Levels 

(MRLs) been established for any food 

crops at this time. 

IX. Conclusion 

Accordingly, EPA finds that 

exempting residues of poly(oxy-1,2- 

ethanediyl), a-hydro-w-hydroxy-, 

polymer with 1, 1′-methylene-bis-[4- 

isocyanatocyclohexane] from the 

requirement of a tolerance will be safe. 

X. Statutory and Executive Order 

Reviews 

This final rule establishes 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 rules 

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 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). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance 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, or otherwise have any unique 

impacts on local governments. 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). 

Although this action does not 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), EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. As such, to the 

extent that information is publicly 

available or was submitted in comments 

to EPA, the Agency considered whether 

groups or segments of the population, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical or disproportionately high and 

adverse human health impacts or 

environmental effects from exposure to 

the pesticide discussed in this 

document, compared to the general 

population. 

XI. 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 rule in the Federal 

Register. This 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. 


cprice-sewell on DSK2BSOYB1PROD with RULES
6586 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Rules and Regulations 

Dated: January 28, 2010. 

Lois Rossi, 

Director, Registration Division, 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. In § 180.960, the table is amended 

by adding alphabetically the following 

polymer to read as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

Polymer CAS No. 

* * * * * 

Poly(oxy-1,2-ethanediyl), ahydro-w-hydroxy-, polymer 

with 1, 1′-methylene-bis-[4- 

isocyanatocyclohexane], 

minimum number average 

molecular weight (in amu), 

1800 .................................... 39444–87–6 

* * * * * 

[FR Doc. 2010–2788 Filed 2–9–10; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

RIN 0648–XT99 

[Docket No. 100120036–0038–01] 

Fisheries of the Northeastern United; 

Black Sea Bass Fishery; 2010 Black 

Sea Bass Specifications; Emergency 

Rule 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action; request for comments. 

SUMMARY: Through this emergency rule 

NMFS is implementing increases to the 

2010 black sea bass specifications (i.e., 

commercial fishing quota, recreational 

harvest limit (RHL), and research setaside (RSA)). This action is necessary to 

mitigate potential foregone economic 

yield associated with the current lower 

specifications and to ensure the 

specifications are consistent with the 

best available scientific information. 

This action is also necessary to increase 

specifications consistent with the 

recently revised catch level 

recommendation from the Mid-Atlantic 

Fishery Management Council (Council) 

and its scientific advisors, the Scientific 

and Statistical Committee (SSC). 

DATES: Effective from February 10, 2010, 

through August 9, 2010. Comments 

must be received (see ADDRESSES) by 5 

p.m., local time, on March 12, 2010. 

ADDRESSES: You may submit comments, 

identified by 0648–XT99, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov 

• (978) 281–9135. Send the fax to the 

attention of the Sustainable Fisheries 

Division. Include ‘‘Comments on 2010 

Black Sea Bass Specification Increase’’ 

prominently on the fax. 

• Mail and hand delivery: 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 Black Sea Bass 

Specification Increase.’’ 

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. 

FOR FURTHER INFORMATION CONTACT: 

Michael Ruccio, Fishery Policy Analyst, 

(978) 281–9104. 

SUPPLEMENTARY INFORMATION: A final 

rule to establish the 2010 black sea bass 

specifications was published in the 

Federal Register on December 22, 2009 

(74 FR 67978), and became effective on 

January 1, 2010. The final rule 

implemented a 2.71–million-lb (1,229– 

mt) Total Allowable Catch (TAC) and, 

after deducting estimated discards, a 

Total Allowable Landings (TAL) of 2.3 

million lb (1,043 mt). The TAC was 

based on the SSC(s initial 2010 

Acceptable Biological Catch (ABC) 

recommendation of 2.71 million lb 

(1,229 mt) and was the status quo catch 

level from 2009. The TAL was further 

subdivided into RSA, commercial quota, 

and a RHL as outlined in the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan (FMP). 

However, at its December 9–11, 2009, 

meeting in Wilmington, DE, the Council 

decided to convene a joint meeting of 

the SSC and Black Sea Bass Monitoring 

Committee (MC) to re-examine and 

reconsider the SSC(s 2010 black sea bass 

ABC recommendation. The Council’s 

SSC and MC met on January 8, 2010, 

and ultimately decided to revise the 

ABC recommendation from 2.71 million 

lb (1,229 mt) to 4.5 million lb (2,041 

mt), consistent with catch levels 

established for 2008. 

On January 15, 2010, the Northeast 

Regional Administrator, NMFS, 

received a letter from the Council 

Chairman, on behalf of the full Council, 

formally relaying the SSC(s revised ABC 

recommendation and requesting 

emergency action to increase catch 

levels as expediently as possible. The 

Council outlined the following as 

justification for requesting the 

emergency modification of the 2010 

black sea bass catch levels as follows: 

• The Council provided the January 

8, 2009, SSC meeting summary. The 

summary document provides 

information on the SSC discussion and 

its justification for revising the 2010 

ABC recommendation. 

• The revision of the ABC 

recommendation by the Council(s SSC 

was unforeseen. 

• The increased catch levels provided 

by the revised ABC level can be 

reasonably expected to alleviate 

significant social and economic impacts 

relative to the initial ABC 

recommendation from the SSC. 

The Regional Administrator has 

reviewed the Council(s request for 

temporary emergency rulemaking with 

respect to section 305(c) of the 

Magnuson Stevens Fishery Conservation 

and Management Act (MSA) and NMFS 

policy guidance for the use of 

emergency rules (August 21, 1997; 62 

FR 44421) and finds the Council(s 

request meets both the criteria and 

justifications for invoking the 

emergency rulemaking provisions of the 

MSA. Specifically, the SSC revision of 

its previously recommended ABC was a 

recent and unforeseen event. By this 

emergency rulemaking, NMFS is 

increasing the 2010 black sea bass TAC 

and TAL, thereby relieving restrictions 

imposed by the previous, lower catch 

levels. Doing so will assist in preventing 

significant direct economic loss for 

fishery participants and associated 

industries that would be subject to 

lower commercial and recreational 

harvest levels. An additional amount of 

black sea bass landings will be set aside 

for research activities, thereby 


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