5536 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations 

action for purposes of Executive Order 

12866 or the Department’s regulatory 

policies and procedures. The rule would 

not impose any costs or burdens on 

grantees or other parties. It would 

reduce burdens on recipients by 

reducing the frequency of goal 

submissions to the Department. For 

these reasons, the Department certifies 

that the rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Paperwork Reduction Act 

This rule does not create any 

information collection requirements 

covered by the Paperwork Reduction 

Act. 

List of Subjects in 49 CFR Part 26 

Administrative practice and 

procedures, Airports, Civil rights, 

Government contracts, Grant 

programs—transportation, Minority 

business, Reporting and recordkeeping 

requirements. 

Issued this 20th day of January 2010, at 

Washington, DC. 

Ray LaHood, 

Secretary of Transportation. 

■ For the reasons stated in the preamble, 

the Department amends 49 CFR part 26 

as follows: 

PART 26—PARTICIPATION BY 

DISADVANTAGED BUSINESS 

ENTERPRISES IN DEPARTMENT OF 

TRANSPORTATION FINANCIAL 

ASSISTANCE PROGRAMS 

■ 1. The authority for 49 CFR part 26 

continues to read as follows: 

Authority: 23 U.S.C. 324; 42 U.S.C. 2000d, 

et seq.; 49 U.S.C 1615, 47107, 47113, 47123; 

Sec. 1101(b), Pub. L. 105–178, 112 Stat. 107, 

113. 

Subpart C—Goals, Good Faith Efforts, 

and Counting 

■ 2. Revise § 26.45(e) and (f) to read as 

follows: 

§ 26.45 How do recipients set overall 

goals? 

* * * * * 

(e) Once you have determined a 

percentage figure in accordance with 

paragraphs (c) and (d) of this section, 

you should express your overall goal as 

follows: 

(1) If you are an FHWA recipient, as 

a percentage of all Federal-aid highway 

funds you will expend in FHWAassisted contracts in the forthcoming 

three fiscal years. 

(2) If you are an FTA or FAA 

recipient, as a percentage of all FTA or 

FAA funds (exclusive of FTA funds to 

be used for the purchase of transit 

vehicles) that you will expend in FTAor FAA-assisted contracts in the three 

forthcoming fiscal years. 

(3) In appropriate cases, the FHWA, 

FTA or FAA Administrator may permit 

you to express your overall goal as a 

percentage of funds for a particular 

grant or project or group of grants and/ 

or projects. 

(f)(1) If you set overall goals on a 

fiscal year basis, you must submit them 

to the applicable DOT operating 

administration by August 1 at three-year 

intervals, based on a schedule 

established by the FHWA, FTA, or FAA, 

as applicable, and posted on that 

agency’s Web site. You must submit to 

the operating administration for 

approval any significant adjustment you 

make to your goal during the three-year 

period based on changed circumstances. 

The operating administration may direct 

you to undertake a review of your goal 

if necessary to ensure that the goal 

continues to fit your circumstances 

appropriately. 

(2) If you are an FHWA, FTA, or FAA 

recipient and set your overall goal on a 

project or grant basis, you must submit 

the goal for review at a time determined 

by the FHWA, FTA, or FAA 

Administrator. 

(3) Timely submission and operating 

administration approval of your overall 

goal is a condition of eligibility for DOT 

financial assistance. 

(4) If you fail to establish and 

implement goals as provided in this 

section, you are not in compliance with 

this part. If you establish and implement 

goals in a way different from that 

provided in this part, you are not in 

compliance with this part. If you fail to 

comply with this requirement, you are 

not eligible to receive DOT financial 

assistance. 

* * * * * 

[FR Doc. 2010–2294 Filed 2–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 192 and 195 

[Docket No. PHMSA–2007–27954; Amdt. 

Nos. 192–112 and 195–93] 

RIN 2137–AE28 

Pipeline Safety: Control Room 

Management/Human Factors, 

Correction 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA); DOT. 

ACTION: Final rule; correction. 

SUMMARY: PHMSA is correcting a Final 

Rule that appeared in the Federal 

Register on December 3, 2009. That 

final rule amended the Federal Pipeline 

Safety Regulations to address human 

factors and other aspects of control 

room management for pipelines where 

controllers use supervisory control and 

data acquisition (SCADA) systems, but 

contained errors regarding certain dates, 

both in the preamble and the 

amendments. This document corrects 

those errors. 

DATES: Effective Date: February 3, 2010. 

Applicability Date: This correction is 

applicable beginning February 1, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact Byron Coy 

at (609) 989–2180 or by e-mail at 

Byron.Coy@dot.gov. For legal 

information contact Benjamin Fred at 

(202) 366–4400 or by e-mail at 

Benjamin.Fred@dot.gov. All materials in 

the docket may be accessed 

electronically at http:// 

www.regulations.gov. General 

information about PHMSA may be 

found at http://phmsa.dot.gov. 

SUPPLEMENTARY INFORMATION: On 

December 3, 2009, PHMSA published a 

final rule in the Federal Register (74 FR 

63310) entitled ‘‘Pipeline Safety: Control 

Room Management/Human Factors.’’ 

This final rule contained several errors 

regarding certain compliance dates. The 

final rule became effective on February 

1, 2010, and the corrected dates detailed 

in this final rule correction are 

applicable as of February 1, 2010. 

On page 63311 of the preamble to the 

December 3 rule, in the first column in 

the DATES section, the compliance date 

is corrected to read ‘‘Compliance Date: 

An operator must develop control room 

management procedures by August 1, 

2011, and implement the procedures by 

February 1, 2013.’’ 

■ Therefore, in accordance with the 

reasons stated in the preamble, PHMSA 

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Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations 5537 

amends 49 CFR part 192 by making the 

following correcting amendments: 

PART 192—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE: MINIMUM FEDERAL 

SAFETY STANDARDS 

■ 1. The authority citation for part 192 

continues to read as follows: 

Authority: 49 U.S.C. 5103, 60102, 60104, 

60108, 60109, 60110, 60113, and 60118; and 

49 CFR 1.53. 

§ 192.631 [Amended] 

■ 2. In paragraph (a)(2), in the second 

sentence, remove the phrase ‘‘implement 

the procedures no later than February 1, 

2012’’ and add the phrase ‘‘implement 

the procedures no later than February 1, 

2013’’ in its place. 

§ 195.446 [Amended] 

■ 3. In paragraph (a), in the last 

sentence, remove the phrase ‘‘implement 

the procedures no later than February 1, 

2012’’, and add the phrase ‘‘implement 

the procedures no later than February 1, 

2013’’ in its place. 

Issued in Washington, DC, on January 28, 

2010. 

Cynthia L. Quarterman, 

Administrator. 

[FR Doc. 2010–2190 Filed 2–2–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0907301206–0032–02] 

RIN 0648–AY13 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Specifications 

and Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This action implements 2010 

specifications and management 

measures for Atlantic mackerel, squid, 

and butterfish (MSB). Specifically, this 

action maintains quotas for Atlantic 

mackerel (mackerel), Illex squid (Illex), 

Loligo squid (Loligo), and butterfish at 

the same levels as 2009. This action also 

modifies accounting procedures for 

underages of Trimester 1 quotas in the 

Loligo fishery so that Trimester 1 quota 

underages that are greater than 25 

percent of the Trimester 1 quota will be 

allocated equally to Trimesters 2 and 3, 

and underages that are less than 25 

percent of the Trimester 1 quota will be 

allocated to Trimester 3. Additionally, 

this action will increase the minimum 

mesh size requirement for codend 

covers in the Loligo fishery from 4.5 

inches (11.43 cm) to 5 inches (12.7 cm). 

These specifications and management 

measures promote the utilization and 

conservation of the MSB resource. 

DATES: Effective March 5, 2010, except 

for the amendment to § 648.23(a)(3)(i), 

which is effective August 3, 2010. 

ADDRESSES: Copies of supporting 

documents used by the Mid-Atlantic 

Fishery Management Council (Council), 

including the Environmental 

Assessment (EA) and Regulatory Impact 

Review (RIR)/Initial Regulatory 

Flexibility Analysis (IRFA), are 

available from: Daniel Furlong, 

Executive Director, Mid-Atlantic 

Fishery Management Council, Room 

2115, Federal Building, 300 South New 

Street, Dover, DE 19904–6790. The EA/ 

RIR/IRFA is accessible via the Internet 

at http://www.nero.noaa.gov. NMFS 

prepared a Final Regulatory Flexibility 

Analysis (FRFA), which is contained in 

the classification section of the rule. 

Copies of the FRFA and the Small Entity 

Compliance Guide are available from: 

Patricia Kurkul, Regional Administrator, 

National Marine Fisheries Service, 

Northeast Region, 55 Great Republic 

Drive, Gloucester, MA 01930–2276, or 

via the Internet at http:// 

www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Nordeen, Fishery Policy Analyst, 

978–281–9272, fax 978–281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

Regulations implementing the Fishery 

Management Plan for the Atlantic 

Mackerel, Squid, and Butterfish 

Fisheries (FMP) appear at 50 CFR part 

648, subpart B. Regulations governing 

foreign fishing appear at 50 CFR part 

600, subpart F. These regulations at 

§ 648.21 and § 600.516(c), require that 

NMFS, based on the maximum 

optimum yield (Max OY) of each fishery 

as established by the regulations, 

annually publish a proposed rule 

specifying the amounts of the initial 

optimum yield (IOY), allowable 

biological catch (ABC), domestic annual 

harvest (DAH), and domestic annual 

processing (DAP), as well as, where 

applicable, the amounts for total 

allowable level of foreign fishing 

(TALFF) and joint venture processing 

(JVP) for the affected species managed 

under the FMP. In addition, these 

regulations allow specifications to be 

specified for up to 3 years, subject to 

annual review. The regulations at 

§ 648.21 also specify that IOY for squid 

is equal to the combination of research 

quota (RQ) and DAH, with no TALFF 

specified for squid. For butterfish, the 

regulations specify that a butterfish 

bycatch TALFF will be specified only if 

TALFF is specified for mackerel. 

At its June 9–11, 2009, meeting in 

New York, NY, the Mid-Atlantic Fishery 

Management Council (Council) 

recommended 2010 MSB specifications. 

The recommended specifications for 

mackerel, Illex, Loligo, and butterfish 

are the same as those implemented in 

2009. For Loligo, the Council 

recommended a modification in 

accounting Trimester 1 quota underages. 

The Council also recommended 

increasing the minimum mesh size 

requirement for codend covers in the 

Loligo fishery. The Council submitted 

these recommendations, along with the 

required analyses, for agency review on 

August 10, 2009. A proposed rule for 

the 2010 MSB specifications and 

management measures was published 

on November 12, 2009 (74 FR 58234), 

and the public comment period for the 

proposed rule ended on December 14, 

2009. Details concerning the Council’s 

development of these measures were 

presented in the preamble of the 

proposed rule and are not repeated here. 

Final MSB Specifications and 

Management Measures for the 2010 

Fishing Year 

This action implements the following 

MSB specifications and management 

measures for the 2010 fishing year, 

which are described in detail below. 

TABLE 1—FINAL SPECIFICATIONS, IN METRIC TONS (MT), FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR 2010 

FISHING YEAR

Specifications Loligo Illex Mackerel Butterfish 

Max OY ............................................................................................................ 32,000 24,000 N/A 12,175 

WReier-Aviles on DSKGBLS3C1PROD with RULES