Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 3871 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 action 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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 26, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Incorporation by reference, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: December 14, 2009. 

J. Scott Gordon, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart PP—South Carolina 

■ 2. Section 52.2120(e) is amended by 

revising the entry for the ‘‘Cherokee 

County 110(a)(1) Maintenance Plan for 

the 1997 8-hour ozone standard’’ to read 

as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Explanation 

* * * * * * * 

Cherokee County 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard .... 12/13/2007 7/31/09, 74 FR 

26099.

............................

* * * * * 

[FR Doc. E9–31172 Filed 1–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket Nos. 07–294, 06–121, 02–277, 

04–228; MM Docket Nos. 01–235, 01–317, 

00–244; DA 09–2618] 

Promoting Diversification of 

Ownership in Broadcast Services; 

Suspension of Filing Date 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; suspension of 

compliance date. 

SUMMARY: This Order suspends the 

requirement that Form 323, Ownership 

Report for Commercial Broadcast 

Stations, be filed biennially by the 

January 11, 2010 filing deadline and 

grants an extension of time to file the 

form once the form is available again for 

biennial filings, of at least 90 days from 

that date. We will announce the new 

filing deadline in a subsequentlyreleased document. This temporary 

suspension will permit us to investigate 

what changes can be made to the form 

to reduce the time required to complete 

it and to lessen any unanticipated 

burdens in this regard without 

undermining the completeness, quality, 

usefulness, and aggregability of the data. 

DATES: The compliance date for the final 

rule published at 74 FR 56135 on 

October 30, 2009, which amended the 

requirement that Form 323 must be 

electronically filed no later than 

November 1, 2009, and every two years 

thereafter, is suspended indefinitely. 

The Commission will publish a 

document in the Federal Register 

announcing the new compliance date. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Mania Baghdadi, Judith Herman, or 

Kristi Thompson, Industry Analysis 

Division, Media Bureau, at (202) 418– 

2330. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Media Bureau’s Order 

adopted on December 23, 2009. The full 

text of this document is available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. This document will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs). The complete text may be 

purchased from the Commission’s copy 


jlentini on DSKJ8SOYB1PROD with RULES
3872 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 

1 ‘‘MB Docket No. 07–294, Ex Parte Notice and 

Request for Relief,’’ filed December 18, 2009 (the 

‘‘Request’’). The Request was signed by 

representatives of 14 law firms and the National 

Association of Broadcasters. In addition, on 

December 21, 2009, Simmons Media Group filed a 

letter in support of the Request. Simmons also 

asked that the form be revised to allow multiple 

licensees to be identified (through sub-forms) in 

response to Section I Question 7. 

2Report and Order and Fourth Further Notice of 

Proposed Rulemaking, MB Docket No. 07–294, 24 

FCC Rcd 5896 (2009) (‘‘323 Order’’). 

3 323 Order, 24 FCC Rcd at 5902–05, 5908–09 

paras. 12–15, 22. For this 2009 biennial filing 

period, the Media Bureau previously extended the 

‘‘as of’’ date to November 1, 2009 and the biennial 

filing deadline to January 11, 2010. See Public 

Notice, Media Bureau Extends the Biennial Filing 

Deadline for the Commercial Broadcast Ownership 

Report Form (Form 323), DA 09–2457 (rel. Nov. 23, 

2009); Promoting Diversification in the 

Broadcasting Services, Order, DA 09–2165 (rel. Oct. 

2, 2009). See also Public Notice, Media Bureau 

Announces 2009 Biennial Filing Deadline For 

Commercial Broadcast Ownership Report (Form 

323), DA 09–2275 (rel. Oct. 30, 2009). For future 

biennial filings, the ‘‘as of’’ date is October 1 and 

the filing date is November 1 of the applicable filing 

year. 

4 In light of the filing extension, the Bureau 

dismisses as moot, Fletcher, Heald & Hildreth, 

PLC’s (‘‘FHH’’) November 16, 2009 Motion for Stay, 

which asked the Commission to stay, or otherwise 

hold in abeyance, the initial December 15, 2009 

deadline for filing biennial broadcast ownership 

reports. The Bureau dismisses the motion without 

prejudice. 

5The Bureau will not require those who have 

already completed and filed their 2009 biennial 

Ownership Report to file again. 

6See 47 CFR 73.3615. 

7See 323 Order, 24 FCC Rcd at 5915 para. 51; 

Memorandum Opinion & Order and Fifth Notice of 

Proposed Rulemaking, MB Docket No. 07–294, FCC 

09–192 (rel. Oct. 16, 2009). 

contractor, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554. 

Summary of Order 

1. On December 18, 2009, a number 

of counsel and legal assistants to various 

broadcasters and broadcaster 

organizations (the ‘‘Broadcast Counsel’’) 

filed an Ex Parte Notice and Request for 

Relief, asking that the Media Bureau 

extend the time to file Form 323 and 

adopt other changes to FCC Form 323, 

including changing Section II–B 

Question 3(c) of the form to allow filers 

to respond by uploading machinereadable data instead of requiring 

manual data entry of the responses to 

the question.1 The Broadcast Counsel 

also asked that filing of the form be 

suspended until improvements are 

made to the form. By this Order, the 

Media Bureau suspends the requirement 

that Form 323 be filed biennially by the 

January 11, 2010 filing deadline. The 

Bureau will also grant an extension of 

time to file the form once the form is 

available again for biennial filings, of at 

least 90 days from that date, and the 

Bureau will announce the new filing 

deadline in a subsequently-released 

Public Notice. The ‘‘as of’’ date, 

November 1, 2009, will remain the 

same. 

2. On April 8, 2009, the Commission 

adopted a Report and Order and Fourth 

Further Notice of Proposed Rulemaking 

in the above-captioned proceeding 

revising filing requirements for FCC 

Form 323, the broadcast Ownership 

Report.2 Among other things, the 323 

Order substituted a uniform biennial 

filing deadline for the current system of 

rolling filing deadlines that are tied to 

a station’s renewal anniversary. 

Pursuant to these new requirements, all 

commercial full-power AM, FM, TV, 

LPTV, and Class A stations, as well as 

entities with attributable interests in 

them, were required to file the revised 

FCC Form 323 on or before January 11, 

2010, with information current as of 

November 1, 2009, and to file biennially 

thereafter.3

3. In their Request, the Broadcast 

Counsel note that they have been 

working diligently to compile the 

information needed to complete Form 

323 and to enter the data so as to file 

the form by the January 11, 2010 filing 

deadline. However, they note that they 

have experienced delays in completing 

the form because of the large amounts 

of data required to be entered for 

entities with complex ownership 

structures and because of technical 

problems working with the form on 

CDBS. In particular, they note that fully 

responding to Question 3(c) of Section 

II–B of the form requires large amounts 

of time for entities that have moderately 

complex ownership structures. 

Accordingly, they request that the 

Commission allow filers to respond to 

that question by uploading a machinereadable file rather than having to enter 

the data needed for the response 

manually. According to the Broadcast 

Counsel, if the current deadline is not 

extended, ‘‘many Forms will be 

incomplete, inaccurate or will not be 

filed at all because of time constraints 

and Form failures.’’ 

4. The Bureau finds that good cause 

has been shown and that it would serve 

the public interest to suspend the 

current January 11, 2010 filing 

deadline.4 The Bureau will temporarily 

suspend the ability to start a new 

biennial Form 323 during this interim 

suspension period but will allow filers 

to complete and file forms that they 

have already started should they wish to 

do so. This temporary suspension will 

permit us to investigate what changes 

can be made to the form to reduce the 

time required to complete it and to 

lessen any unanticipated burdens in this 

regard without undermining the 

completeness, quality, usefulness, and 

aggregability of the data. Once these 

changes have been made, the Bureau 

will again enable new biennial filings 

and will release a Public Notice with a 

new extended filing deadline. The new 

filing deadline will be at least 90 days 

from the date that the form is made 

available for new biennial filings.5 The 

‘‘as of’’ date will remain the same, 

November 1, 2009, and will not be 

suspended or changed. During the 

interim biennial suspension period, the 

Bureau will not suspend non-biennial 

filings of Form 323 that are required by 

Section 73.3615 of the Commission’s 

rules and will require that these 

continue to be filed by the deadlines 

enumerated in that rule.6

5. Congressional Review Act. The 

Commission will not send a copy of the 

Order pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A), 

because the rule was previously adopted 

and subject to a CRA submission at that 

juncture. 

6. Paperwork Reduction Act Analysis. 

Document DA 09–2618 does not contain 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, 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). 

7. Accordingly, it is ordered, that 

pursuant to authority under Section 4(i) 

of the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), authority 

delegated to the Media Bureau pursuant 

to Sections 0.61, 0.204 and 0.283 of the 

Commission’s rules, 47 CFR 0.61, 0.204, 

0.283, and authority delegated to the 

Media Bureau by the Commission’s 

Report and Order and Memorandum 

Opinion and Order in this proceeding,7

the Bureau grants the Ex Parte Notice 

and Request for Relief to the extent 

described in this Order. 

8. It is further ordered, that pursuant 

to authority under Section 4(i) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), authority 

delegated to the Media Bureau pursuant 

to Sections 0.61, 0.204 and 0.283 of the 

Commission’s rules, 47 CFR 0.61, 0.204, 

0.283, and authority delegated to the 

Media Bureau by the Commission’s 

Report and Order and Memorandum 

Opinion and Order in this proceeding, 

we dismiss as moot and without 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 3873 

prejudice Fletcher, Heald & Hildreth, 

PLC’s Motion for Stay. 

William T. Lake, 

Chief, Media Bureau, Federal 

Communications Commission. 

[FR Doc. 2010–1246 Filed 1–22–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XT97 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closures and 

openings. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Eastern 

Aleutian District and the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI) for 

vessels participating in the BSAI trawl 

limited access fishery. This action is 

necessary to prevent exceeding the 2010 

A season total allowable catch (TAC) of 

Atka mackerel in these areas for vessels 

participating in the BSAI trawl limited 

access fishery. NMFS is also 

announcing the opening and closing 

dates of the first and second directed 

fisheries within the harvest limit area 

(HLA) in Statistical Areas 542 and 543. 

These actions are necessary to conduct 

directed fishing for Atka mackerel in the 

HLA in areas 542 and 543. 

DATES: The effective dates are provided 

in Table 1 under the SUPPLEMENTARY

INFORMATION section of this temporary 

action. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2010 A season TAC of Atka 

mackerel for vessels participating in the 

BSAI trawl limited access fishery in the 

Eastern Aleutian District and the Bering 

Sea subarea was established as 604 

metric tons (mt) by the final 2009 and 

2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009). 

In accordance with § 679.20(d)(1)(i) 

and (d)(1)(ii)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that 604 

mt of the 2010 A season Atka mackerel 

TAC for vessels participating in the 

BSAI trawl limited access fishery in the 

Eastern Aleutian District and the Bering 

Sea subarea will be necessary as 

incidental catch to support other 

anticipated groundfish fisheries. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of zero mt. In accordance 

with § 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Atka mackerel in the 

Eastern Aleutian District and the Bering 

Sea subarea for vessels participating in 

the A season BSAI trawl limited access 

fishery. 

In accordance with 

§ 679.20(a)(8)(iii)(C), the Regional 

Administrator is opening the first 

directed fisheries for Atka mackerel 

within the HLA in areas 542 and 543, 

48 hours after prohibiting directed 

fishing for Atka mackerel in the Eastern 

Aleutian Island District and the Bering 

Sea subarea. The Regional 

Administrator has established the 

opening date for the second HLA 

directed fisheries as 48 hours after the 

last closure of the first HLA fisheries in 

either area 542 or 543. Consequently, 

NMFS is opening and closing directed 

fishing for Atka mackerel in the HLA of 

areas 542 and 543 in accordance with 

the periods listed under Table 1 of this 

notice. 

TABLE 1. EFFECTIVE DATES AND TIMES

Action Area 

Effective Time1 and Date 

From To 

Closing Atka mackerel for vessels 

participating in the BSAI trawl limited access fishery 

Eastern Aleutian District (541) and 

the Bering Sea subarea 

1200 hrs, January 20, 2010 1200 hrs, September 1, 2010 

Opening the first and second directed fishery in the HLA for the 

Amendment 80 cooperative 

542 

543 

1200 hrs, January 22, 2010 

1200 hrs, February 7, 2010 

1200 hrs, February 5, 2010 

1200 hrs, February 21, 2010 

Opening the first and second directed fishery in the HLA for vessels participating in the Amendment 80 limited access sector 542 and 543 

542 and 543 

1200 hrs, January 22, 2010 

1200 hrs, February 7, 2010 

1200 hrs, February 5, 2010 

1200 hrs, February 21, 2010 

Opening the first directed fishery 

in the HLA for the vessel participating in the BSAI trawl limited 

access sector 

542 1200 hrs, January 22, 2010 1200 hrs, February 5, 2010 

1Alaska local time. 

In accordance with 

§ 679.20(a)(8)(iii)(A) and 

§ 679.20(a)(8)(iii)(B), vessels using trawl 

gear for directed fishing for Atka 

mackerel have previously registered 

with NMFS to fish in the HLA fisheries 

in areas 542 and 543. NMFS has 

randomly assigned each vessel to the 

directed fishery or fisheries for which 


jlentini on DSKJ8SOYB1PROD with RULES