Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 29677 

• 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 July 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: May 11, 2010. 

Beverly H. Banister, 

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 K—Florida 

■ 2. Section 52.520(e) is amended by 

adding new entries at the end of the 

table for the ‘‘110(a)(1) Maintenance 

Plan for the Southeast Florida Area’’, 

‘‘110(a)(1) Maintenance Plan for the 

Tampa Area’’, and ‘‘110(a)(1) 

Maintenance Plan for the Jacksonville, 

Florida Area’’ to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective date EPA approval date Federal Register 

notice Explanation 

* * * * * * * 

110(a)(1) Maintenance Plan for the 

Southeast Florida Area.

July 2, 2009 .......... July 26, 2010. ....... [Insert citation of 

publication].

110(a)(1) maintenance plan for 1997 

8-hour ozone NAAQS. 

110(a)(1) Maintenance Plan for the 

Tampa, Florida Area.

July 2, 2009 .......... July 26, 2010, ....... [Insert citation of 

publication].

110(a)(1) maintenance plan for 1997 

8-hour ozone NAAQS. 

110(a)(1) Maintenance Plan for the 

Jacksonville, Florida Area.

July 2, 2009 .......... July 26, 2010. ....... [Insert citation of 

publication].

110(a)(1) maintenance plan for 1997 

8-hour ozone NAAQS. 

[FR Doc. 2010–12660 Filed 5–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 90, and 95 

[WP Docket No. 07–100; FCC 10–75] 

PLMR Licensing; Frequency 

Coordination and Eligibility Issues 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; clarification. 

SUMMARY: In this document, the 

Commission, on its own motion, 

clarifies certain rules adopted in a 

previous decision in this proceeding to 

further explain our analysis underlying 

this decision. We also clarify the rule 

change removing the frequency 

coordination requirement for 

applications to modify private land 

mobile radio licenses by reducing the 

authorized bandwidth. 

FOR FURTHER INFORMATION CONTACT: Scot 

Stone, Wireless Telecommunications 

Bureau, at (202) 418–0638, or by e-mail 

at Scot.Stone@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal Communication 

Commission’s Order on Reconsideration 

in WP Docket No. 07–100, FCC 10–75, 

adopted on May 4, 2010, and released 

on May 6, 2010. This document is 

available to the public at http:// 

hraunfoss.fcc.gov/edocs_public/ 

attachmatch/FCC–10–75A1.doc. 

Synopsis of the Order on 

Reconsideration 

1. In this Order on Reconsideration, 

we act on our own motion to clarify the 

bases for certain rule changes adopted 

in the above-captioned proceeding. In 

the Second Report and Order published 

at 75 FR 19277, April 14, 2010, in this 

proceeding, we amended our rules to 

provide that Wireless Medical 

Telemetry Service (WMTS) operations 

are not permitted in the portions of the 

1427–1432 MHz band where nonmedical telemetry has primary status. 

We take this opportunity to further 

explain our analysis underlying this 

decision. We also clarify the rule change 

removing the frequency coordination 

requirement for applications to modify 

WReier-Aviles on DSKGBLS3C1PROD with RULES

29678 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 

private land mobile radio licenses by 

reducing the authorized bandwidth. 

2. WMTS was established to enhance 

the reliability of medical telemetry 

equipment, and to ensure that wireless 

medical telemetry devices can operate 

free of harmful interference. The band 

1427–1432 MHz is shared between 

medical and non-medical telemetry 

operations. Generally, WMTS has 

primary status in the lower half of the 

band, and non-medical telemetry is 

primary in the upper half. Our rules do 

not explicitly authorize WMTS systems 

to operate on a secondary basis on 

frequencies where non-medical 

telemetry is primary. In response to 

conflicting requests, the Notice of 

Proposed Rulemaking published at 72 

FR 32582, June 13, 2007, in this 

proceeding sought comment on 

amending the rules to clarify whether 

such operations are permitted. 

3. In the Second Report and Order, we 

concluded that secondary WMTS 

operations should not currently be 

authorized. We noted that the 

Commission created WMTS in order to 

make available spectrum where medical 

telemetry services could operate free 

from harmful interference, and 

expressed concern that the 

authorization of secondary WMTS 

operations could subject such 

operations to the same interference 

issues that the WMTS allocation was 

intended to address. Because the record 

suggested that WMTS devices can 

operate safely on a secondary basis 

under certain conditions, however, we 

sought comment in the Second Further 

Notice of Proposed Rule Making 

published at 75 FR 19340, April 14, 

2010, on whether secondary WMTS 

operations should be sanctioned upon 

the adoption of adequate safeguards. 

4. We take this opportunity to further 

clarify that our decision in the Second 

Report and Order not to permit 

additional secondary WMTS operations 

at this time was not based on a 

conclusion that operation of medical 

devices on a secondary basis is per se 

contrary to the public interest. Rather, 

we concluded only that appropriate and 

effective measures must be taken to 

detect and avoid harmful interference, 

and that the existing record did not 

provide a sufficient basis to determine 

that such measures could be developed. 

This decision pertained only to WMTS, 

taking into account the unique technical 

characteristics of the service, the current 

lack of safeguards in our rules to 

promote safe secondary operations, and 

the operations with which WMTS 

shares spectrum. Further, as noted 

above, the issue of whether to amend 

the rules to authorize secondary 

operations under appropriate conditions 

remains pending in this proceeding. 

5. In addition, the Second Report and 

Order amended § 90.175(j) of the 

Commission’s rules to remove the 

frequency coordination requirement for 

applications to modify existing licenses 

by reducing the authorized bandwidth. 

We found no need for a part 90 

frequency coordinator to review such 

proposals in advance, because a simple 

reduction in authorized bandwidth 

cannot adversely impact co-channel or 

adjacent channel licensees. It may, 

however, increase the amount of power 

within a certain bandwidth. 

Consequently, we take this opportunity 

to remind licensees that the 

coordination and consent requirements 

set forth in § 1.924 of our rules regarding 

proposed new or modified operations in 

quiet zones continue to apply to such 

applications. 

Marlene H. Dortch, 

Secretary, Federal Communications 

Commission. 

[FR Doc. 2010–12773 Filed 5–26–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0910051338–0151–02] 

RIN 0648–XW52 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Reductions to Trip Limits for 

Five Groundfish Stocks 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment of landing limits. 

SUMMARY: This action decreases the 

landing limit for Gulf of Maine (GOM) 

haddock, Georges Bank (GB) haddock, 

GOM winter flounder, GB winter 

flounder, and GB yellowtail flounder for 

Northeast (NE) multispecies vessels 

fishing under common pool regulations 

for the 2010 fishing year (FY). This 

action is authorized by the regulations 

implementing Amendment 16 and 

Framework Adjustment 44 (FW 44) to 

the NE Multispecies Fishery 

Management Plan (FMP) and is 

intended to decrease the likelihood of 

harvest exceeding the subcomponent of 

the annual catch limit (ACL) allocated 

to the common pool (common pool subACL) for each of these five stocks during 

FY 2010 (May 1, 2010, through April 30, 

2011). This action is being taken to 

optimize the harvest of NE regulated 

multispecies under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Effective 0001 hours May 27, 

2010, through April 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Brett Alger, Fishery Management 

Specialist, (978) 675–2153, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing possession and 

landing limits for vessels fishing under 

common pool regulations are found at 

50 CFR 648.86. The regulations 

authorize vessels issued a valid limited 

access NE multispecies permit and 

fishing under a NE multispecies day-atsea (DAS), or fishing under a NE 

multispecies Small Vessel or Handgear 

A or B category permit, to fish for and 

retain NE multispecies, under specified 

conditions. The vessels fishing in the 

common pool are allocated a sub-ACL 

equivalent to that portion of the 

commercial groundfish ACL that is not 

allocated to the 17 approved NE 

multispecies sectors for FY 2010. The 

final rule implementing FW 44 (75 FR 

18356, April 9, 2010) established ACLs 

for FY 2010. For FY 2010, the common 

pool sub-ACLs for these stocks are: 26 

mt (57,320 lb) for GOM haddock; 254 mt 

(559,974 lb) for GB haddock; 25 mt 

(55,116 lb) for GOM winter flounder; 29 

mt (63,934) lb for GB winter flounder; 

and 23 mt (50,706 lb) for GB yellowtail 

flounder. Of these stocks, only two 

currently have possession limits: 5,000 

lb (2,268.0 kg) per trip for GB winter 

flounder; and 2,500 lb (1,134.0 kg) per 

trip for GB yellowtail flounder. 

The regulations at § 648.86(o) 

authorize the Administrator, Northeast 

(NE) Region, NMFS (Regional 

Administrator) to increase or decrease 

the trip limits for vessels in the common 

pool to prevent over-harvesting or 

under-harvesting the common pool subACL. The relatively small sub-ACLs 

allocated to the common pool in FY 

2010, combined with the initial trip 

limits, could result in the entire subACL being harvested by very few fishing 

trips. Exceeding the common pool subACL prior to April 30, 2011, would 

require drastic trip limit reductions and/ 

or imposition of differential DAS 

counting for the remainder of FY 2010 

to minimize the overage, and would 

trigger accountability measures (AMs) in 

FY 2011, including differential DAS 

counting, to prevent future overages. 

WReier-Aviles on DSKGBLS3C1PROD with RULES