10188 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. This 

rulemaking does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it 

increases the level of environmental 

protection for all affected populations 

without having any disproportionately 

high and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. EPA anticipates 

that this rule will have a positive impact 

on the environment and human health 

by removing a disincentive to 

preventive maintenance of aircraft halon 

bottles and reducing the likelihood of 

accidental emissions. Thus, this rule is 

not expected to increase the impacts on 

the health of minority or low-income 

populations from stratospheric ozone 

depletion. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, 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 the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective April 9, 2009. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Chemicals, Exports, Halon, Imports, 

Ozone layer, Reporting and 

recordkeeping requirements. 

Date: March 4, 2009. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, 40 CFR part 82 is amended as 

follows: 

PART 82—PROTECTION OF 

STRATOSPHERIC OZONE 

■ 1. The authority citation for part 82 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7601, 7671– 

7671q. 

■ 2. Section 82.3 is amended by adding, 

in alphabetical order, definitions for 

‘‘Aircraft halon bottle’’ and ‘‘Hydrostatic 

testing’’ to read as follows: 

§ 82.3 Definitions for class I and class II 

controlled substances. 

* * * * * 

Aircraft halon bottle means a vessel 

used as a component of an aircraft fire 

suppression system containing halon1301 approved under FAA rules for 

installation in a certificated aircraft. 

* * * * * 

Hydrostatic testing means checking a 

gas pressure vessel for leaks or flaws. 

The vessel is filled with a nearly 

incompressible liquid—usually water or 

oil—and examined for leaks or 

permanent changes in shape. 

* * * * * 

■ 3. Section 82.4 is amended by revising 

the first sentence of paragraph (j) to read 

as follows: 

§ 82.4 Prohibitions for class I controlled 

substances. 

* * * * * 

(j) Effective January 1, 1995, no 

person may import, at any time in any 

control period, a used class I controlled 

substance, except for Group II used 

controlled substances shipped in 

aircraft halon bottles for hydrostatic 

testing, without having received a nonobjection notice from the Administrator 

in accordance with § 82.13(g)(2) and (3). 

* * * * * 

■ 4. Section 82.13 is amended by 

revising paragraphs (g)(1)(ii) and (g)(2) 

introductory text to read as follows: 

§ 82.13 Recordkeeping and reporting 

requirements for class I controlled 

substances. 

* * * * * 

(g) * * * 

(1) * * * 

(ii) The quantity of those controlled 

substances imported that are used 

(including recycled or reclaimed) and, 

where applicable, the information 

provided with the petition as under 

paragraph (g)(2) of this section; 

* * * * * 

(2) Petitioning—Importers of Used, 

Recycled or Reclaimed Controlled 

Substances. For each individual 

shipment over 5 pounds of a used 

controlled substance as defined in 

§ 82.3, except for Group II used 

controlled substances shipped in 

aircraft halon bottles for hydrostatic 

testing, an importer must submit 

directly to the Administrator, at least 40 

working days before the shipment is to 

leave the foreign port of export, the 

following information in a petition: 

* * * * * 

[FR Doc. E9–5073 Filed 3–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–523; MB Docket No. 08–125; RM– 

11457] 

Television Broadcasting Services; 

Scranton, PA 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Local 

TV Pennsylvania License, LLC, the 

licensee of station WNEP–DT, to 

substitute DTV channel 50 for posttransition DTV channel 49 at Scranton, 

Pennsylvania. 

DATES: This rule is effective March 10, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

David J. Brown, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–125, 

adopted February 26, 2009, and released 

February 27, 2009. The full text of this 

document is available for public 

inspection and copying during normal 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 10189 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

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). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and 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). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

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

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Pennsylvania, is amended by 

adding DTV channel 50 and removing 

DTV channel 49 at Scranton. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–5059 Filed 3–9–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 071003556–81194–02] 

RIN 0648–AW08 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Amendment 15 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement Amendment 15 to the Pacific 

Coast Groundfish Fishery Management 

Plan (FMP) which was approved by 

NMFS on June 18, 2008. Amendment 15 

revised the FMP to include provisions 

for a vessel license limitation program 

for the non-tribal sectors of the Pacific 

whiting fishery. Amendment 15 is 

intended to serve as an interim measure 

to limit potential participation in the 

Pacific whiting fishery within the U.S. 

West Coast Exclusive Economic Zone 

until implementation of a trawl 

rationalization program under 

Amendment 20 to the Groundfish FMP. 

DATES: Effective April 9, 2009. 

ADDRESSES: Amendment 15 is available 

on the Pacific Fishery Management 

Council’s (Council’s or Pacific 

Council’s) website at: http:// 

www.pcouncil.org/groundfish/ 

gffmp.html. 

Written comments regarding the 

burden hour estimates or other aspects 

of the collection of information 

requirements contained in this final rule 

may be submitted to Barry A. Thom, 

Acting Regional Administrator, 

Northwest Region, NMFS, 7600 Sand 

Point Way NE, Seattle, WA 98115 0070, 

or by e-mail to 

DavidRostker@omb.eop.gov, or by fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko, phone: 206–526–6110, 

fax: 206–526–6736, or e-mail: 

becky.renko@noaa.gov, or for permitting 

information, Kevin Ford, phone: 206– 

526–6115, fax: 206–526–6736, or e-mail: 

kevin.ford@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http:// 

www.access.gpo.gov/su_docs/aces/ 

aces140.html. Background information 

and documents are available at the 

NMFS Northwest Region Web site at 

http://www.nwr.noaa.gov/GroundfishHalibut/Groundfish-FisheryManagement/index.cfm. 

Background 

Amendment 15 to the FMP created a 

vessel license limitation program for the 

three non-tribal sectors of the Pacific 

whiting fishery off the U.S. West Coast. 

Under current Federal regulations, 

catcher vessels in the Pacific whiting 

shoreside fishery, catcher vessels in the 

mothership fishery, and catcher/ 

processor vessels, must be registered to 

a groundfish limited entry permit that 

has a trawl gear endorsement. 

Mothership vessels are not required to 

be registered to a groundfish limited 

entry permit because the process only 

and do not harvest. The limited entry 

program has been in place since 1994 

and allows appropriately registered 

vessels to participate in groundfish 

fisheries targeting any of the 90+ species 

managed under the Pacific Coast 

Groundfish FMP. This action 

implements Amendment 15 to the FMP 

by establishing regulations that require 

vessels to qualify for a Pacific whiting 

vessel license limitation program to 

harvest and/or process in the non-tribal 

Pacific whiting fishery. This is in 

addition to the requirement for 

harvesting vessels to be registered to a 

groundfish limited entry permits. 

Amendment 15 and the implementing 

regulations are intended to serve as an 

interim measure that will be 

discontinued when the Pacific Fishery 

Management Council adopts and the 

National Marine Fisheries Service 

implements a trawl rationalization 

program under Amendment 20 to the 

Pacific Groundfish FMP. Amendment 

20 is currently under development by 

the Council, which adopted its 

preliminary preferred alternative at the 

June 2008 Council meeting. The Council 

anticipates taking final action on the 

trawl rationalization program in 

November 2008. If NMFS approves 

Amendment 20, implementation is 

scheduled for late 2010, at which time 

the regulations implementing 

Amendment 15 would be replaced by 

those implementing Amendment 20. If 

development and implementation of 

Amendment 20 is delayed beyond that 

point, NMFS intends to request that the 

Council reconsider the provisions of 

Amendment 15. 

NMFS published a Notice of 

Availability for Amendment 15 on 

March 19, 2008 (73 FR 14765), and 

requested public comment on it through 

May 19, 2008. No public comments 

were received on the amendment.