65574 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 27, 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 17, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

■ 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 KK—Ohio 

■ 2. Section 52.1870 is amended by 

adding paragraph (c)(151) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(151) On September 10, 2009, Ohio 

EPA submitted amendments to the OAC 

with the intent to consolidate Ohio’s 

Ambient Air Quality Standards into a 

single rule to provide greater 

accessibility for the regulated 

community and to the citizens of Ohio. 

EPA is approving the request because 

the revisions clarify the state’s rules and 

thus better serve the purpose of 

providing for meeting these standards. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–17–03 ‘‘Measurement methods 

and procedures.’’, effective April 18, 

2009. 

(B) Ohio Administrative Code Rule 

3745–17–14 ‘‘Contingency plan 

requirements for Cuyahoga and Jefferson 

counties.’’, effective April 18, 2009. 

(C) Ohio Administrative Code Rule 

3745–18–03 ‘‘Attainment dates and 

compliance time schedules.’’, effective 

April 18, 2009. 

(D) Ohio Administrative Code Rule 

3745–23–01 ‘‘Definitions.’’, effective 

April 18, 2009. 

(E) Ohio Administrative Code Rule 

3745–23–02 ‘‘Methods of 

measurement.’’, effective April 18, 2009. 

(F) Ohio Administrative Code Rule 

3745–25–01 ‘‘Definitions.’’, effective 

April 18, 2009. 

(G) Ohio Administrative Code Rule 

3745–25–02 ‘‘Ambient air quality 

standards.’’, effective April 18, 2009. 

(H) Ohio Administrative Code Rule 

3745–25–03 ‘‘Air pollution emergencies 

and episode criteria.’’, effective August 

21, 2009. 

(I) Ohio Administrative Code Rule 

3745–25–04 ‘‘Air pollution emergency 

emission control action programs.’’, 

effective April 18, 2009. 

(J) Ohio Administrative Code Rule 

3745–25–05 ‘‘Air pollution emergency 

orders.’’, effective April 18, 2009. 

(K) April 8, 2009, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

(L) August 11, 2009, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

[FR Doc. 2010–26963 Filed 10–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2010–0074; 

92220–1113–0000; ABC Code: C6] 

RIN 1018–AX37 

Endangered and Threatened Wildlife 

and Plants; Reinstatement of 

Protections for the Gray Wolf in the 

Northern Rocky Mountains in 

Compliance With a Court Order 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are issuing 

this final rule to comply with a court 

order that has the effect of reinstating 

the regulatory protections under the 

Endangered Species Act of 1973, as 

amended (ESA), for the gray wolf (Canis 

lupus) in most of the northern Rocky 

Mountains. Pursuant to the District of 

Montana court order dated August 5, 

2010, this rule corrects the gray wolf 

listing for the northern half of Montana, 

the northern panhandle of Idaho, the 

eastern third of Washington and Oregon, 

and north-central Utah as endangered 

and reinstates the former special rules 

designating the gray wolf in the 

remainder of Montana and Idaho as 

nonessential experimental populations. 

Because ESA protections were not 

removed in Wyoming by our April 2, 

2009 (74 FR 15123), final delisting rule, 

Wyoming is not impacted by this final 

rule. 

DATES: This action is effective October 

26, 2010. However, the court order had 

legal effect immediately upon its filing 

at 2:43 p.m. Mountain Daylight Time on 

August 5, 2010. 

ADDRESSES: This final rule is available 

on the Internet at http:// 

www.regulations.gov. It will also be 

available for inspection, by 

appointment, during normal business 

hours at U.S. Fish and Wildlife Service, 

Office of the Western Gray Wolf 

Recovery Coordinator, 585 Shepard 

Way, Helena, Montana 59601. Call (406) 

449–5225 to make arrangements. 

FOR FURTHER INFORMATION CONTACT: For 

information on wolves in the northern 

Rocky Mountains, contact Edward E. 

Bangs, Western Gray Wolf Recovery 

Coordinator, U.S. Fish and Wildlife 

Service, at our Helena office (see 

ADDRESSES) or telephone (406) 449– 

5225, extension 204. Individuals who 

are hearing-impaired or speechimpaired may call the Federal Relay 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations 65575 

Service at 1–800–877–8337 for TTY 

assistance. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 2, 2009, we published a final 

rule to remove ESA protections across 

most of the concurrently designated 

northern Rocky Mountain (NRM) gray 

wolf Distinct Population Segment (DPS) 

(74 FR 15123). Additional background 

information on the NRM gray wolf 

population and on this decision, 

including previous Federal actions, can 

be found in our April 2, 2009, final rule. 

Lawsuits challenging our final rule 

were filed in U.S. District Court for the 

District of Montana and U.S. District 

Court for the District of Wyoming. On 

August 5, 2010, the U.S. District Court 

for the District of Montana vacated and 

set aside our 2009 delisting rule 

(Defenders of Wildlife et al. v. Salazar 

et al., 9:09–cv–00077–DWM). 

The decision reinstates Federal 

protections that were in place prior to 

our 2009 delisting. Therefore, wolves 

are listed as endangered throughout the 

former NRM DPS (43 FR 9607, March 9, 

1978; 50 CFR 17.11(h)), except where 

they are classified as experimental 

populations (i.e., southern Montana, 

Idaho south of Interstate 90, and all of 

Wyoming) (59 FR 60252, November 22, 

1994; 59 FR 60266, November 22, 1994; 

70 FR 1286, January 6, 2005; 73 FR 

4720, January 28, 2008; 50 CFR 17.84(i) 

and (n)). Thus, take of wolves may be 

authorized only by an experimental 

population rule, a permit obtained 

under section 10 of the ESA, or if 

exempted by an incidental take 

statement within a biological opinion 

issued by the Service pursuant to 

section 7 of the ESA. We notified all 

State, Federal, and Tribal partners of the 

decision and its impact shortly after the 

order was released. We also took steps 

to ensure the public was aware of the 

decision. 

This action is independent of any 

decision by the United States or any 

interveners in the case to appeal the 

August 5, 2010, Montana District Court 

ruling. 

Administrative Procedure 

This rulemaking is necessary to 

comply with the August 5, 2010, court 

order. Therefore, under these 

circumstances, the Director has 

determined, pursuant to 5 U.S.C. 553(b), 

that prior notice and opportunity for 

public comment are impractical and 

unnecessary. The Director has further 

determined, pursuant to 5 U.S.C. 553(d), 

that the agency has good cause to make 

this rule effective upon publication. 

Effects of the Rule 

As of the filing of the court order, 

delisted wolves in Washington, Oregon, 

Utah, the Idaho panhandle, and 

northern Montana were again listed as 

endangered (50 CFR 17.11(h)). Wolves 

in southern Montana and Idaho south of 

Interstate 90 are again listed as 

nonessential experimental populations 

under section 10(j) of the ESA (50 CFR 

17.84(i) and (n)). Furthermore, the NRM 

gray wolf DPS established by our April 

2, 2009, final rule is set aside. Wolves 

in Wyoming were not delisted by our 

2009 final rule (74 FR 15123, April 2, 

2009) and, thus, their listed status under 

the ESA is not impacted by this final 

decision. Wolves in Wyoming remain 

listed as a nonessential experimental 

population under section 10(j) of the 

ESA (50 CFR 17.84(i) and (n)). The maps 

in the rule portion of this document 

illustrate the boundaries of the 

nonessential experimental population 

areas. 

This rule will not affect the status of 

the gray wolf in the NRM under State 

laws or suspend any other legal 

protections provided by State law. This 

rule will not affect the gray wolf’s 

Appendix II status under the 

Convention on International Trade in 

Endangered Species of Wild Fauna and 

Flora (CITES). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ In order to comply with the court 

order discussed above, we amend part 

17, subchapter B of chapter I, title 50 of 

the CFR, as set forth below: 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 

625, 100 Stat. 3500; unless otherwise noted. 

■ 2. Amend § 17.11 by revising the entry 

in the table at paragraph (h) for ‘‘Wolf, 

gray’’ as follows: 

§ 17.11 [Amended] 

* * * * * 

(h) * * * 

Species 

Historic range Vertebrate population where endangered or threatened Status When 

listed 

Critical 

habitat 

Special 

rules Common name Scientific name 

MAMMALS 

* * * * * * * 

Wolf, gray ........... Canis lupus ....... Holarctic ............ U.S.A., conterminous (lower 48) 

States, except MN and where 

listed as an experimental population below; Mexico.

E 1, 6, 13, 

15, 35.

17.95(a) N/A 

Do ....................... ......do ................ ......do ................ U.S.A. (MN) ................................... T 35 ........ 17.95(a) 17.40(d) 

Do ....................... ......do ................ ......do ................ U.S.A. (portions of ID and MT, 

WY—see § 17.84(i) and (n)).

XN 561, 

562.

N/A 17.84(i). 

17.84(n). 

Do ....................... ......do ................ ......do ................ U.S.A. (portions of AZ, NM, and 

TX—see § 17.84(k)).

XN 631 ...... N/A 17.84(k) 

* * * * * * * 

■ 3. Amend § 17.84 by: 

■ a. Revising paragraphs (i)(7)(i) and 

(i)(7)(ii) and adding new paragraph 

(i)(7)(iii); and 

■ b. Revising the first sentence of 

paragraph (n)(1) and all of paragraphs 

(n)(9)(i) and (n)(9)(ii) and adding new 

paragraph (n)(9)(iii) to read as set forth 

below. 

§ 17.84 Special rules—vertebrates. 

* * * * * 

(i) * * * 

(7) * * * 


erowe on DSK5CLS3C1PROD with RULES
65576 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations 

(i) The central Idaho area is shown on 

the following map. The boundaries of 

the nonessential experimental 

population area will be those portions of 

Idaho that are south of Interstate 

Highway 90 and west of Interstate 15, 

and those portions of Montana south of 

Interstate 90, Highway 93 and 12 from 

Missoula, Montana, west of Interstate 

15. 

BILLING CODE 4310–55–P 

(ii) The Yellowstone Management 

Area is shown on the following map. 

The boundaries of the nonessential 

experimental population area will be 

that portion of Idaho that is east of 

Interstate Highway 15; that portion of 

Montana that is east of Interstate 

Highway 15 and south of the Missouri 

River from Great Falls, Montana, to the 

eastern Montana border; and all of 

Wyoming. 


erowe on DSK5CLS3C1PROD with RULESER26OC10.000</GPH>
Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations 65577 

(iii) All wolves found in the wild 

within the boundaries of this paragraph 

(i)(7) after the first releases will be 

considered nonessential experimental 

animals. In the conterminous United 

States, a wolf that is outside an 

experimental area (as defined in 

paragraph (i)(7) of this section) would 

be considered as endangered (or 

threatened if in Minnesota) unless it is 

marked or otherwise known to be an 

experimental animal; such a wolf may 

be captured for examination and genetic 

testing by the Service or Servicedesignated agency. Disposition of the 

captured animal may take any of the 

following courses: 

(A) If the animal was not involved in 

conflicts with humans and is 

determined likely to be an experimental 

wolf, it will be returned to the 

reintroduction area. 

(B) If the animal is determined likely 

to be an experimental wolf and was 

involved in conflicts with humans as 

identified in the management plan for 

the closest experimental area, it may be 

relocated, placed in captivity, or killed. 

(C) If the animal is determined not 

likely to be an experimental animal, it 

will be managed according to any 

Service-approved plans for that area or 

will be marked and released near its 

point of capture. 

(D) If the animal is determined not to 

be a wild gray wolf or if the Service or 

agencies designated by the Service 

determine the animal shows physical or 

behavioral evidence of hybridization 

with other canids, such as domestic 

dogs or coyotes, or of being an animal 

raised in captivity, it will be returned to 

captivity or killed. 

* * * * * 

(n) * * * 

(1) The gray wolves (wolf) identified 

in paragraphs (n)(9)(i) and (ii) of this 

section are nonessential experimental 

populations. * * * 

* * * * * 

(9) * * * 

(i) The central Idaho NEP area is 

shown on the following map. The 

boundaries of the NEP area are those 

portions of Idaho that are south of 

Interstate Highway 90 and west of 

Interstate 15, and those portions of 

Montana south of Interstate 90, 

Highways 93 and 12 from Missoula, 

Montana, west of Interstate 15. 


erowe on DSK5CLS3C1PROD with RULESER26OC10.001</GPH>
65578 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations 

(ii) The Yellowstone NEP is shown on 

the following map. The boundaries of 

the NEP area are that portion of Idaho 

that is east of Interstate Highway 15; 

that portion of Montana that is east of 

Interstate Highway 15 and south of the 

Missouri River from Great Falls, 

Montana, to the eastern Montana border; 

and all of Wyoming. 


erowe on DSK5CLS3C1PROD with RULESER26OC10.002</GPH>
Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations 65579 

BILLING CODE 4310–55–C 

(iii) All wolves found in the wild 

within the boundaries of these 

experimental areas are considered 

nonessential experimental animals. 

* * * * * 

Dated: October 7, 2010. 

Daniel M. Ashe, 

Acting Director, Fish and Wildlife Service. 

[FR Doc. 2010–26765 Filed 10–25–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XZ99 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the 

commercial trip limit for king mackerel 

in the northern Florida west coast 

subzone to 500 lb (227 kg) of king 

mackerel per day in or from the 

exclusive economic zone (EEZ). This 

trip limit reduction is necessary to 

protect the Gulf king mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, October 26, 2010, until 

12:01 a.m., local time, July 1, 2011, 

unless changed by further notice in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, or e-mail: 

susan.gerhart@noaa.gov. 


erowe on DSK5CLS3C1PROD with RULESER26OC10.003</GPH>