6316 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this 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. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 2, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

§180.910 [AMENDED] 

■ 2. In the final rule published August 

9, 2006 (71 FR 45415), and delayed on 

August 4, 2008 (73 FR 45312), August 

7, 2009 (74 FR 39543) and October 9, 

2009 (74 FR 52148) the effective date is 

delayed from February 9, 2010, to May 

9, 2010, for the following amendments 

to §180.910: 2.m., n., and cc. 

§180.930 [AMENDED] 

■ 3. In the final rule published August 

9, 2006 (71 FR 45415), and delayed on 

August 4, 2008 (73 FR 45312), August 

7, 2009 (74 FR 39543) and October 9, 

2009 (74 FR 52148) the effective date is 

delayed from February 9, 2010, to May 

9, 2010, for the following amendments 

to §180.930: 4.t., u., and v. 

[FR Doc. 2010–2801 Filed 2–8–10; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[WT Docket No. 08–166, 08–167; ET Docket 

No. 10–24; FCC 10–16] 

Revisions to Rules Authorizing the 

Operation of Low Power Auxiliary 

Stations in the 698–806 MHz Band; 

Public Interest Spectrum Coalition, 

Petition for Rulemaking Regarding 

Low Power Auxiliary Stations, 

Including Wireless Microphones, and 

the Digital Television Transition 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: On January 15, 2010, the 

Commission released a Report and 

Order in the matter of ‘‘Revisions to 

Rules Authorizing the Operation of Low 

Power Auxiliary Stations in the 698–806 

MHz Band; Public Interest Spectrum 

Coalition, Petition for Rulemaking 

Regarding Low Power Auxiliary 

Stations, including Wireless 

Microphones, and the Digital Television 

Transition.’’ This document contains 

corrections to the final regulations that 

appeared in the Federal Register of 

January 22, 2010 (75 FR 3622). 

DATES: February 9, 2010. 

FOR FURTHER INFORMATION CONTACT: Paul 

D’Ari, Wireless Telecommunications 

Bureau, (202) 418–1550, e-mail 

Paul.Dari@fcc.gov, or Hugh Van Tuyl, 

Office of Engineering and Technology, 

(202) 418–7506, e-mail 

Hugh.VanTuyl@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Communications 

Commission published a document 

amending part 2 in the Federal Register 

of January 22, 2010 (75 FR 3622). The 

Commission makes the following 

correction to § 2.106 of the rules. 

Need for Correction 

As published, the final regulations 

contain an error, which requires 

immediate correction. 

List of Subjects in 47 CFR Part 2 

Communications equipment. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

■ Accordingly, 47 CFR part 2 is 

corrected by making the following 

correcting amendments: 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted. 

■ 2. Section 2.106, Table of Frequency 

Allocations, is amended by revising 

page 27 and footnote NG 159 to read as 

follows: 

§ 2.106 Table of Frequency Allocations. 

* * * * * 


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6318 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

NON–FEDERAL GOVERNMENT (NG) 

FOOTNOTES 

* * * * * 

NG 159 In the band 698–806 MHz, 

stations authorized under 47 CFR part 

74, subparts E, F, and G may continue 

to operate indefinitely on a secondary 

basis to all other stations operating in 

that band. 

* * * * * 

[FR Doc. 2010–2779 Filed 2–8–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XU24 

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 trip limit 

in the commercial hook-and-line fishery 

for king mackerel in the southern 

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, February 7, 2010, through 

June 30, 2010, unless changed by further 

notice in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the Gulf 

of Mexico eastern zone into northern 

and southern subzones, and established 

their separate quotas. The quota for the 

hook-and-line fishery in the southern 

Florida west coast subzone is 520,312 lb 

(236,010 kg)(50 CFR 

622.42(c)(1)(i)(A)(2)(i)). 

In accordance with 50 CFR 

622.44(a)(2)(ii)(B)(2), from the date that 

75 percent of the southern Florida west 

coast subzone’s hook-and-line gear 

quota has been harvested until a closure 

of the subzone’s hook-and-line fishery 

has been effected or the fishing year 

ends, king mackerel in or from the EEZ 

may be possessed on board or landed 

from a permitted vessel in amounts not 

exceeding 500 lb (227 kg) per day. 

NMFS has determined that 75 percent 

of the hook-and-line gear quota for Gulf 

group king mackerel from the southern 

Florida west coast subzone has been 

reached. Accordingly, a 500–lb (227–kg) 

trip limit applies to vessels in the 

commercial hook-and-line fishery for 

king mackerel in or from the EEZ in the 

southern Florida west coast subzone 

effective 12:01 a.m., local time, February 

7, 2010. The 500–lb (227–kg) trip limit 

will remain in effect until the fishery 

closes or until the end of the current 

fishing year (June 30, 2010), whichever 

occurs first. 

The Florida west coast subzone is that 

part of the eastern zone located south 

and west of 25°20.4′ N. lat. (a line 

directly east from the Miami-Dade/ 

Monroe County, FL boundary) along the 

west coast of Florida to 87°31′06′ W. 

long. (a line directly south from the 

Alabama/Florida boundary). The 

Florida west coast subzone is further 

divided into northern and southern 

subzones. From November 1 through 

March 31, the southern subzone is 

designated as the area extending south 

and west from 25°20.4′ N. lat. to 

26°19.8′ N. lat. (a line directly west from 

the Lee/Collier County, Florida, 

boundary), i.e., the area off Collier and 

Monroe Counties. Beginning April 1, the 

southern subzone is reduced to the area 

off Collier County, Florida, between 

25°48′ N. lat. and 26°19.8′ N. lat. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this trip limit reduction for 

the fishery constitutes good cause to 

waive the requirements to provide prior 

notice and opportunity for public 

comment pursuant to the authority set 

forth in 5 U.S.C. 553(b)(B), as such 

procedures would be unnecessary and 

contrary to the public interest. Such 

procedures would be unnecessary 

because the rule itself already has been 

subject to notice and comment, and all 

that remains is to notify the public of 

the trip limit reduction. 

Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect the fishery since 

the capacity of the fishing fleet allows 

for rapid harvest of the quota. Prior 

notice and opportunity for public 

comment would require time and 

potentially result in a harvest well in 

excess of the established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: February 3, 2010. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–2806 Filed 2–4–10; 4:15 pm] 

BILLING CODE 3510–22–S 


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