Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 5251 

Order 12866 and the Department of 

Transportation’s regulatory policies and 

procedures. This rulemaking document 

was not reviewed by the Office of 

Management and Budget under 

Executive Order 12866, ‘‘Regulatory 

Planning and Review.’’ This action is 

limited to the proposed extension 

contained herein, and has been 

determined to be not ‘‘significant’’ under 

the Department of Transportation’s 

regulatory policies and procedures. 

The agency has discussed the relevant 

requirements of the Regulatory 

Flexibility Act, Executive Order 13132 

(Federalism), Executive Order 12988 

(Civil Justice Reform), the National 

Environmental Policy Act, the 

Paperwork Reduction Act, and the 

Unfunded Mandates Reform Act in the 

July 29, 2009 final rule cited above. This 

rule does not change the findings in 

those analyses. 

Regulatory Identifier Number (RIN) 

The Department of Transportation 

assigns a regulation identifier number 

(RIN) to each regulatory action listed in 

the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

List of Subjects in 49 CFR Part 599 

Fuel economy, Motor vehicle safety. 

■ In consideration of the foregoing, 

NHTSA hereby amends 49 CFR part 599 

as set forth below. 

PART 599—REQUIREMENTS AND 

PROCEDURES FOR CONSUMER 

ASSISTANCE TO RECYCLE AND SAVE 

ACT PROGRAM 

■ 1. The authority citation for Part 599 

continues to read as follows: 

Authority: 49 U.S.C. 32901, Notes; 

delegation of authority at 49 CFR 1.50. 

■ 2. Section 599.401 is amended by 

revising paragraph (a)(3) and adding 

paragraph (d) to read as follows: 

§ 599.401 Requirements and limitations for 

disposal facilities that receive trade-in 

vehicles under the CARS program. 

(a) * * * 

(3) Crush or shred the trade-in vehicle 

onsite, including the engine block and 

the drive train (unless with respect to 

the drive train, the transmission, drive 

shaft, and rear end are sold separately), 

using its own machinery or a mobile 

crusher, within 270 days after receipt of 

the vehicle from the dealer or salvage 

auction; 

* * * * * 

(d) A completed Disposal Facility 

Certification Form (Appendix E to this 

part) for an individual transaction, 

which includes a certification by the 

disposal facility that the trade-in vehicle 

will be crushed or shredded within 180 

days of receipt by the disposal facility, 

is deemed to be amended to include an 

extension of time such that the trade-in 

vehicle will be crushed or shredded 

within 270 days of receipt by the 

disposal facility. 

Issued on: January 28, 2010. 

David L. Strickland, 

Administrator. 

[FR Doc. 2010–2194 Filed 2–1–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XU15 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Greater Than or Equal 

to 60 Feet (18.3 Meters) Length Overall 

Using Pot 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 pot catcher 

vessels greater than or equal to 60 feet 

(18.3 meters (m)) length overall (LOA) 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the A 

season allowance of the 2010 Pacific 

cod total allowable catch (TAC) 

specified for pot catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 28, 2010, through 

1200 hrs, A.l.t., September 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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 A season allowance of the 2010 

Pacific cod TAC allocated to pot catcher 

vessels greater than or equal to 60 feet 

(18.3 m) LOA in the BSAI is 6,422 

metric tons as established by the final 

2009 and 2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2010) and inseason 

adjustment (74 FR 68717, December 29, 

2009). 

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

the Administrator, Alaska Region, 

NMFS, has determined that the A 

season directed fishing allowance of the 

2010 Pacific cod TAC allocated to pot 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA in the BSAI has 

been reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by pot catcher vessels greater than 

or equal to 60 feet (18.3 m) LOA 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 

catcher vessels greater than or equal to 

60 ft (18.3 m) LOA using pot gear in the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 


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5252 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 

relevant data only became available as 

of January 26, 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: January 27, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–2156 Filed 2–28–10; 4:15 pm] 

BILLING CODE 3510–22–S 


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