31320 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules and Regulations 

influence the regulation. This action is 

not subject to EO 13045 because the 

final rule is based solely on technology 

performance. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This direct final rule is not a 

‘‘significant energy action’’ as defined in 

Executive Order 13211 (66 FR 28355, 

May 22, 2001) because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113 (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards in its regulatory activities, 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 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 direct 

final rule would not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because this rule will not change the 

level of health protection the rule 

provides to all affected populations, 

including any minority or low-income 

population. 

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 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this direct final 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. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

direct final rule is not a ‘‘major rule’’ as 

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

final rule will be effective on September 

16, 2010. 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: May 27, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter I, part 63, 

subpart CCCCCCC of the Code of 

Federal Regulations is amended as 

follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart CCCCCCC—[Amended] 

■ 2. Section 63.11607 is amended by 

revising the definition of Material 

containing HAP to read as follows: 

§ 63.11607 What definitions apply to this 

subpart? 

* * * * * 

Material containing HAP means a 

material containing benzene, methylene 

chloride, or compounds of cadmium, 

chromium, lead, and/or nickel, in 

amounts greater than or equal to 0.1 

percent by weight for carcinogens, as 

defined by the Occupational Safety and 

Health Administration at 29 CFR 

1910.1200(d)(4), or 1.0 percent by 

weight for non-carcinogens, as shown in 

formulation data provided by the 

manufacturer or supplier, such as the 

Material Safety Data Sheet for the 

material. Benzene and methylene 

chloride are volatile HAP. Compounds 

of cadmium, chromium, lead and/or 

nickel are metal HAP. 

* * * * * 

[FR Doc. 2010–13384 Filed 6–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 501 

[Docket No. 10–04] 

RIN 3072–AC37 

Agency Reorganization and 

Delegations of Authority; Correction 

AGENCY: Federal Maritime Commission. 

ACTION: Correcting amendments. 

SUMMARY: The Federal Maritime 

Commission (FMC or Commission) 

published in the Federal Register of 

May 26, 2010, the Final Rule for the 

reorganization of the Commission. The 

reference to the Commission’s Office of 

Consumer Affairs and Dispute 

Resolution Services was inadvertently 

omitted from Lines of Responsibility 

and Functions of the Chairman. This 

document corrects the omission. This 

correction also adds the legend for the 

Commission’s Organization Chart. 

DATES: Effective June 3, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Fenneman, General Counsel, 

Federal Maritime Commission, 800 

North Capitol Street, NW., Washington, 

DC 20573, (202) 523–5740, 

GeneralCounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: The FMC 

published a Final Rule in the Federal 

Register on May 26, 2010 (75 FR 29451) 

concerning the reorganization of the 

Commission. The reference to the 

Commission’s Office of Consumer 

Affairs and Dispute Resolution Services 

was inadvertently omitted from the 

Lines of Responsibility and Functions of 

the Chairman in sections 501.4 and 

501.5. This document corrects the 

omission. This correction also adds the 

legend for the Commission’s 

Organization Chart in Appendix A to 

Part 501 to assist in the understanding 

of the chart. 

List of Subjects in 46 CFR Part 501 

Administrative practice and 

procedure, Authority delegations, 

Organization and functions, Seals and 

insignia. 

■ For the reasons stated in the 

supplementary information, the Federal 

Maritime Commission amends 46 CFR 

Part 501 as follows. 


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Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules and Regulations 31321 

PART 501—THE FEDERAL MARITIME 

COMMISSION—GENERAL 

■ 1. The authority citation for Part 501 

continues to read as follows: 

Authority: 5 U.S.C. 551–557, 701–706, 

2903 and 6304; 31 U.S.C. 3721; 41 U.S.C. 414 

and 418; 44 U.S.C. 501–520 and 3501–3520; 

46 U.S.C. 301–307, 40101–41309, 42101– 

42109, 44101–44106; Reorganization Plan 

No. 7 of 1961, 26 FR 7315, August 12, 1961; 

Pub. L. 89–56, 70 Stat. 195; 5 CFR Part 2638; 

Pub. L. 104–320, 110 Stat. 3870. 

§ 501.4 [Amended] 

■ 2. In § 501.4(a), add ‘‘the Office of 

Consumer Affairs and Dispute 

Resolution Services’’ after ‘‘the Office of 

Administrative Law Judges’’ and before 

‘‘the Office of Equal Employment 

Opportunity’’. 

§ 501.5 [Amended] 

■ 3. In § 501.5(a), add ‘‘Consumer Affairs 

and Dispute Resolution Services’’ after 

‘‘Administrative Law Judges’’ and before 

‘‘and Managing Director’’. 

■ 4. Revise Appendix A to Part 501 to 

read as follows: 

Appendix A to Part 501—Federal 

Maritime Commission Organization 

Chart 

Federal Maritime Commission 

Organization Chart 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2010–13270 Filed 6–2–10; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XW74 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Rock Sole, Flathead 

Sole, and ‘‘Other Flatfish’’ by Vessels 

Participating in the Amendment 80 

Limited Access Fishery in Bering Sea 

and Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for rock sole, flathead sole, and 

‘‘other flatfish’’ by vessels participating 

in the Amendment 80 limited access 

fishery in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the 2010 halibut bycatch allowance 

specified for the trawl rock sole, 

flathead sole, and ‘‘other flatfish’’ fishery 

category by vessels participating in the 

Amendment 80 limited access fishery in 

the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 28, 2010, through 2400 

hrs, A.l.t., December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 


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