Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31717 

are jointly promulgated by EPA under 

RCRA authority and the Department of 

Transportation (DOT) under the federal 

hazardous materials transportation laws, 

the manifest changes will be applicable 

federally in all states under the 

authority of the Hazardous Materials 

Transportation Act (HMTA) on the 

effective date. All states will be required 

to adopt these amendments in 

accordance with the consistency 

requirements in 40 CFR 271.4(c). (See 

70 FR 10810–10811, March 4, 2005 for 

a further discussion of the effects of 

DOT hazardous materials law, RCRA 

consistency requirements, and state 

authorization on the implementation of 

the manifest.) 

Second, the following amendments 

are promulgated under the authority of 

HSWA and, because they are not more 

stringent, they will be effective on June 

16, 2010, in states that are not currently 

authorized for the section being 

amended: 

• All amendments to regulations in 

40 CFR Part 268, 

• 40 CFR 264.552, and 

• 40 CFR 266.101. 

Third, all other amendments in the 

Hazardous Waste Technical Corrections 

and Clarifications Rule which are not 

withdrawn and go into effect on June 

16, 2010, are promulgated under nonHSWA RCRA authority. These nonHSWA amendments will be applicable 

on the effective date only in those states 

that do not have final authorization of 

their base RCRA programs. 

Authorized states are required to 

modify their programs only when EPA 

promulgates federal regulations that are 

more stringent or broader in scope than 

the authorized state regulations. For 

those changes that are less stringent or 

reduce the scope of the federal program, 

states are not required to modify their 

program. This is a result of section 3009 

of RCRA, which allows states to impose 

more stringent regulations than the 

federal program. The Hazardous Waste 

Technical Corrections and Clarifications 

Rule is considered to be neither more 

nor less stringent than the current 

standards. Therefore, authorized states, 

while not required to modify their 

programs to adopt the second and third 

types of technical corrections discussed 

above are strongly urged to adopt these 

technical corrections to avoid any 

confusion or misunderstanding by the 

regulated community and the public. 

List of Subjects 

40 CFR Part 260 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Reporting and 

recordkeeping requirements. 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

40 CFR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

40 CFR Part 263 

Environmental protection, Hazardous 

materials transportation, Hazardous 

waste, Reporting and recordkeeping 

requirements. 

40 CFR Part 264 

Environmental protection, Air 

pollution control, Hazardous waste, 

Insurance, Packaging and containers, 

Reporting and recordkeeping 

requirements, Security measures, Surety 

bonds. 

40 CFR Part 265 

Environmental protection, Air 

pollution control, Hazardous waste, 

Insurance, Packaging and containers, 

Reporting and recordkeeping 

requirements, Security measures, Surety 

bonds, Water supply. 

40 CFR Part 266 

Environmental protection, Energy, 

Hazardous waste, Recycling, Reporting 

and recordkeeping requirements. 

40 CFR Part 268 

Environmental protection, Hazardous 

waste, Reporting and recordkeeping 

requirements. 

40 CFR Part 270 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Reporting and 

recordkeeping requirements, Water 

pollution control, Water supply. 

Dated: May 27, 2010. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

Accordingly, EPA withdraws the 

amendment to the entry ‘‘K107’’ in the 

table 40 CFR 261.32(a), the amendment 

at 40 CFR 262.34(a), the amendment at 

40 CFR 262.34(a)(1)(iv)(B), the 

amendment at 40 CFR 262.34(a)(2), the 

amendment at 40 CFR 262.34(a)(5), and 

the amendment at 40 CFR 266.20(b) 

published in the Federal Register on 

March 18, 2010 (75 FR 12989). 

[FR Doc. 2010–13376 Filed 6–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XW75 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod for 

American Fisheries Act Catcher 

Processors Using Trawl Gear 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by American 

Fisheries Act (AFA) trawl catcher 

processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary as the 

2010 Pacific cod directed fishing 

allowance for AFA trawl catcher 

processors in the BSAI has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), June 10, 2010, through 

2400 hrs, A.l.t., December 31, 2010. 

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 Pacific cod total allowable 

catch (TAC) allocated to AFA trawl 

catcher processors in the BSAI is 3,467 

metric tons (mt) as established by the 

final 2010 and 2011 harvest 

specifications for groundfish in the 

BSAI (75 FR 11778, March 12, 2010). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 


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31718 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

determined that the 2010 Pacific cod 

TAC allocated to AFA trawl catcher 

processors in the BSAI will be taken as 

incidental catch by AFA trawl catcher 

processors in directed fisheries for other 

groundfish species. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 0 mt and 

in accordance with § 679.20(d)(1)(iii), 

finds that this directed fishing 

allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by AFA 

trawl catcher processors in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by AFA 

trawl catcher processors in the BSAI. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of May 27, 

2010. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: May 28, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–13493 Filed 6–3–10; 8:45 am] 

BILLING CODE 3510–22–S 


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