54488 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 

comment in the proposed rulemaking. 

This action to approve a Virginia SIP 

revision that changes the applicable 

start date for its SO2 trading budget 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, Incorporation by 

reference, Sulfur oxides. 

Dated: October 13, 2009. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

■ 40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by revising the entry for 

Chapter 140, Section 5–140–3400 to 

read as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation [former 

SIP citation] 

* * * * * * * 

9 VAC 5, Chapter 140 Regulations for Emissions Trading Programs 

* * * * * * * 

Part IV SO2 Annual Trading Program 

* * * * * * * 

5–140–3400 ...................... State trading budgets ................ 12/12/07 10/22/09 [Insert page number 

where the document begins].

1. In section title, replace 

‘‘State’’ with ‘‘CAIR SO2 Annual.’’ 

2. In paragraph 1, replace 2009 

with 2010. 

* * * * * * * 

[FR Doc. E9–25355 Filed 10–21–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–2181; MB Docket No. 09–159; RM– 

11557] 

Television Broadcasting Services; St. 

Petersburg, FL 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Bay 

Television, Inc., the licensee of station 

WTTA(TV), channel 38, St. Petersburg, 

Florida, requesting the substitution of 

channel 32 for its assigned channel 38 

at St. Petersburg. 

DATES: This rule is effective October 22, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–159, 

adopted October 1, 2009, and released 

October 7, 2009. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 


dcolon on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 54489 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Florida, is amended by adding 

channel 32 and removing channel 38 at 

St. Petersburg. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–25231 Filed 10–21–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 172 and 174 

[RSPA Docket No. 2006–26322 (HM–206F)] 

RIN 2137–AE21 

Hazardous Materials: Revision of 

Requirements for Emergency 

Response Telephone Numbers 

Correction 

In rule document E9–24799 beginning 

on page 53413 in the issue of Monday, 

October 19, 2009, make the following 

correction: 

On page 53413, in the third column, 

under the DATES section, in the second 

line, ‘‘November 18, 2009’’ should read 

‘‘October 1, 2010’’. 

[FR Doc. Z9–24799 Filed 10–21–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 070718369–8731–02] 

RIN 0648–XS50 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the 2009 Gulf of Mexico Recreational 

Fishery for Greater Amberjack 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the recreational 

fishery for greater amberjack in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico (Gulf). During the 

closure, the bag and possession limit for 

greater amberjack in or from the Gulf 

EEZ is zero. In addition, a person aboard 

a vessel for which a Federal charter 

vessel/headboat permit for Gulf reef fish 

has been issued must also abide by 

these closure provisions in state waters. 

NMFS has determined this action is 

necessary to prevent the recreational 

fishery for greater amberjack from 

exceeding its quota for the fishing year. 

This closure is necessary to prevent 

overfishing of Gulf greater amberjack. 

DATES: The closure is effective 12:01 

a.m., local time, October 24, 2009, 

through December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Steve Branstetter, telephone 727–551– 

5796, fax 727–824–5308, e-mail 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

(Council) 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. These 

regulations set the recreational quota for 

Gulf greater amberjack at 1,368,000 lb 

(620,514 kg), round weight, for the 

current fishing year, January 1, through 

December 31, 2009. 

Background 

Constraining harvest to the quota is 

crucial to meeting the legal 

requirements to prevent and end 

overfishing and rebuild greater 

amberjack in the Gulf of Mexico. On 

August 4, 2008, new fishing regulations 

were implemented by NMFS (73 FR 

38139) to reduce the harvest and discard 

of greater amberjack in the Gulf reef fish 

fishery. Regulatory changes for 

recreational greater amberjack included 

implementing a quota of 1,368,000 lb 

(620,514 kg), round weight and 

accountability measures. 

Using reported landings for 2009, 

NMFS projects the 2009 recreational 

greater amberjack quota will be met on 

October 24, 2009. Therefore, in 

accordance with 50 CFR 622.43(a), 

NMFS is closing the recreational fishery 

for greater amberjack in the Gulf EEZ, 

effective 12:01 a.m. local time on 

October 24, 2009. During the closure, 

the bag and possession limit for greater 

amberjack in or from the Gulf EEZ is 

zero. In addition to the Gulf EEZ 

closure, as specified in 50 CFR 

622.4(a)(1)(iv), a person aboard a vessel 

for which a Federal charter vessel/ 

headboat permit for Gulf reef fish has 

been issued must also abide by these 

closure provisions in state waters. The 

closure is intended to prevent 

overfishing and increase the likelihood 

that the 2009 quota will not be 

exceeded. The recreational fishery for 

greater amberjack will reopen on 

January 1, 2010, the beginning of the 

2010 recreational fishing year. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The AA for Fisheries, 

NOAA, finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(3)(B). Such procedures 

would be unnecessary because the rule 

implementing the quota and the 

associated requirement for closure of the 

fishery when the quota is reached or 

projected to be reached already has been 

subject to notice and comment, and all 

that remains is to notify the public of 

the closure. 

Providing prior notice and 

opportunity for public comment on this 

action would be contrary to the public 

interest. It would be contrary to the 

public interest because any delay in the 

closure of this fishery could result in the 

recreational quota for greater amberjack 

being exceeded, which, in turn, would 

trigger the accountability measure for 

greater amberjack. The accountability 

measure states that if recreational 

landings exceed the quota, NMFS will 

file a notification with the Office of the 

Federal Register, at or near the 

beginning of the following fishing year, 

to reduce the length of the recreational 

fishing season for the following fishing 

year by the amount necessary to recover 

the overage from the prior fishing year. 

Reducing the length of the following 

fishing season would be disruptive to 

business plans and would provide less 

flexibility to fishermen for when they 

could harvest the quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30–day delay in the effectiveness of this 

action under 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: October 16, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–25449 Filed 10–19–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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