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Federal Register Summary for week of 8 May

    Commerce

  • Implementation of New Competitive Prevention, Control, and Mitigation of Harmful Algal Blooms (HAB) Program and Regional Rotation of the Existing and New National Competitive HAB Programs

    AGENCY: National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

    ACTION: Notice; implementation of competitive research program.


    SUMMARY: NOAA announces the implementation, under the authorities of the Harmful Algal Bloom and Hypoxia Research and Control Act (HABHRCA) of 1998, as reauthorized in 2004, of a new competitive research program on Prevention, Control, and Mitigation of Harmful Algal Blooms (PCM HAB). This third national competitive program is a companion to the two existing national harmful algal bloom (HAB) programs, Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) and Monitoring and Event Response of Harmful Algal Blooms (MERHAB), already implemented under the authorities of HABHRCA. PCM HAB will transition promising technologies and strategies for prevention, control, and mitigation, arising from these and other HAB research programs, to end-users. In addition, NOAA is announcing that funding opportunity announcements for ECOHAB, MERHAB, and HAB PCM will be rotated regionally on a three year basis. The three regional groupings are: Gulf of Mexico and Caribbean/ Pacific Islands; West Coast, Alaska, and Great Lakes; and South Atlantic, Mid-Atlantic, Gulf of Maine.

    Details concerning appropriate research subjects for each program, more information about the regional rotation, and additional procedural information are also provided in this announcement.

    FOR FURTHER INFORMATION CONTACT: Quay Dortch, ECOHAB Program Coordinator , 301/713-3338 ext 157, Quay.Dortch@NOAA.gov or Marc Suddleson, MERHAB Program Manager, 301/713-3338 ext. 162, Marc.Suddleson@noaa.gov, Center for Sponsored Coastal Ocean Research, National Centers for Coastal Ocean Science, NOS.

    http://edocket.access.gpo.gov/2009/E9-10187.htm

  • Interagency Cooperation Under the Endangered Species Act

    AGENCIES: Fish and Wildlife Service, Department of the Interior; National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce.

    ACTION: Final rule.


    SUMMARY: With this final rule, the Department of the Interior and the Department of Commerce amend regulations governing interagency cooperation under the Endangered Species Act of 1973, as amended (ESA). In accordance with the statutory authority set forth in the 2009 Omnibus Appropriations Act (Pub. L. 111-8), this rule implements the regulations that were in effect immediately before the effective date of the regulation issued on December 16, 2008, entitled "Interagency Cooperation Under the Endangered Species Act."

    DATES: Effective Date: This rule is effective May 4, 2009. Submit any comments on potential improvements to our regulations on interagency consultation under the ESA by August 3, 2009.

    ADDRESSES: You may submit comments requested in this rule by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    U.S. mail or hand-delivery: Public Comments Processing, Attn: 1018-AT50; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203.

    We will not accept e-mailed or faxed comments. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information).

    FOR FURTHER INFORMATION CONTACT: Office of the Assistant Secretary for Fish and Wildlife and Parks, 1849 C Street, NW., Washington, DC 20240; telephone: 202-208-3928; or James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910; telephone: 301-713-2332.

    http://edocket.access.gpo.gov/2009/E9-10203.htm

  • Notice of Intent To Prepare an Environmental Impact Statement for Sea Turtle Conservation and Recovery in Relation to the Atlantic Ocean and Gulf of Mexico Trawl Fisheries and To Conduct Public Scoping Meetings

    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION: Notice of intent to prepare an Environmental Impact Statement and conduct public scoping meetings.


    SUMMARY: NMFS intends to prepare an Environmental Impact Statement (EIS) and to conduct public scoping meetings to comply with the National Environmental Policy Act (NEPA) by assessing potential impacts resulting from the proposed implementation of new sea turtle regulations in the Atlantic and Gulf of Mexico trawl fisheries. These requirements are proposed to protect threatened and endangered sea turtles in the western Atlantic Ocean and Gulf of Mexico from incidental capture, and would be implemented under the Endangered Species Act (ESA). NMFS announced consideration of rulemaking for these new sea turtle regulations February 15, 2007 in an Advance Notice of Public Rulemaking.

    DATES: The public scoping period starts May 8, 2009 and will continue until July 10, 2009. NMFS will consider all written comments received or postmarked by July 10, 2009, in defining the scope of the EIS. Comments received or postmarked after that date will be considered to the extent practicable. Verbal comments will be accepted at the NMFS scoping meetings as specified below.

    ADDRESSES: NMFS will hold public scoping meetings to provide the public with an opportunity to present verbal comments on the scope of the EIS and to learn more about the proposed action from NMFS officials. Where practical, NMFS will hold scoping meetings in conjunction with Council/Commission meetings. Scoping meetings will be held at the following locations: 1. Silver Spring--NOAA Science Center, 1301 East West Highway, Silver Spring, MD 20910. 2. New York--Mid-Atlantic Fishery Management Council meeting, Radisson Martinique on Broadway, 49 West 32nd Street, New York, NY 10001. 3. Brunswick--Georgia Department of Natural Resources Coastal Division Headquarters, Conservation Way, Brunswick, GA 31520. 4. Manteo--Roanoke Festival Park, Small Auditorium, One Festival Park, Manteo, NC 27954. 5. Portland--New England Fishery Management Council meeting, Holiday Inn by the Bay, 88 Spring Street, Portland, ME 04101.

    The meeting dates are: 1. May 15, 2009, 10 a.m. to 12 p.m., Silver Spring, MD. 2. June 9, 2009, 7 p.m. to 9 p.m., New York, NY. 3. June 15, 2009, 7 p.m. to 9 p.m., Brunswick, GA. 4. June 20, 2009, 2 p.m. to 4 p.m., Manteo, NC. 5. June 23, 2009, 7 p.m. to 4 p.m., Portland, ME.

    In addition to the five scoping meetings, NMFS will also present the Scoping document to the four Atlantic Regional Fishery Management Councils (FMCs) (New England, Mid-Atlantic, South Atlantic and Gulf of Mexico FMCs) and the Atlantic States Marine Fisheries Commissions. Please see the Councils' and Commission's May and June meeting notices for agenda, dates, times and locations.

    Written comments on the scope of the EIS should be sent to Alexis.Gutierrez@noaa.gov, 1315 East West Highway, Silver Spring, MD 20910; 301-713-2322 or fax 301-713-4060. Additional information, including the Scoping document, can be found at: http:// www.nmfs.noaa.gov/pr/species/turtles/regulations.htm.

    All comments, whether offered verbally in person at the scoping meetings or in writing as described above, will be considered.

    FOR FURTHER INFORMATION CONTACT: Dennis Klemm (ph. 727-824-5312, fax 727-824-5309, email Dennis.Klemm@noaa.gov), Pasquale Scida (ph. 978- 281-9208, fax 978-281-9394, email Pasquale.Scida@noaa.gov), Alexis Gutierrez (ph. 301-713-2322, fax 301-713-4060, email Alexis.Gutierrez@noaa.gov).

    http://edocket.access.gpo.gov/2009/E9-10674.htm

  • Ocean Education Grants for AZA Aquariums

    AGENCY: Office of Education (OED), Office of the Under Secretary (USEC), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION: Notice of funding availability.


    SUMMARY: The NOAA Office of Education (OEd) is issuing a request for applications to support education projects designed to engage the public in activities that increase ocean and/or climate literacy and the adoption of a stewardship ethic. Funded projects will be between one and five years in duration and will support ocean education projects led by eligible applicants. Eligible applicants are only 501(c)(3) non-profit organizations that are either aquariums accredited by the Association of Zoos and Aquariums (AZA) or have a legally sanctioned affiliation with an AZA-accredited aquarium. There is a required 50 percent non-Federal cost-share of the total Federal request, e.g., if the Federal request is $1,000,000, the applicant is required to submit a non-Federal match equal to $500,000. This solicitation meets NOAA's mission goal to protect, restore, and manage the use of coastal and ocean resources through an ecosystem approach to management. It is anticipated that recommendations for funding under this announcement will be made by August 30, 2009, and that projects funded under this announcement will have a start date no earlier than October 1, 2009. Note: A PDF version of this announcement is available at http:// www.oesd.noaa.gov/funding_opps.html.

    DATES: The deadline for applications is 5 p.m. EDT on June 9, 2009. Applications submitted through Grants.gov are automatically date/time stamped when they are validated and submitted to the Agency. Paper applications must be provided to an expedited shipping service by the deadline and proof of this must be provided by the applicant.

    Please Note: When submitting through Grants.gov, you will receive 2 e-mails. An initial e-mail will be sent to confirm your attempt to submit a proposal. This is NOT a confirmation of acceptance of your application. It may take Grants.gov up to two (2) business days to validate or reject the application and send you a second e-mail. Please keep this in mind in developing your submission timeline.

    ADDRESSES: The application package is available through Grants.gov (http://www.grants.gov). If an applicant does not have Internet access, please contact one of the Program Officers, Carrie McDougall or Sarah Schoedinger, for information on how to submit an application. See Section VII. Agency Contacts of the federal funding opportunity (FFO) announcement for the Program Officers' contact information. Grants.gov requires applicants to register with the system prior to submitting an application. This registration process can take several weeks and involves multiple steps. In order to allow sufficient time for this process, you should register as soon as you decide you intend to apply, even if you are not yet ready to submit your application. If submitting a collaborative project (see section B.1. below) each submitting institution has to be registered in Grants.gov. If an applicant has problems downloading the application forms from Grants.gov, contact Grants.gov Customer Support at 1-800-518-4726 or support@grants.gov.

    FOR FURTHER INFORMATION CONTACT: Please visit the OEd Web site for further information at http://www.oesd.noaa.gov/funding_opps.html or contact the Program Officers: Carrie McDougall at 202-482-0875 or carrie.mcdougall@noaa.gov; or Sarah Schoedinger at 704-370-3528 or sarah.schoedinger@noaa.gov. For those applicants without Internet access, hard copies of referenced documents may be requested from NOAA's Office of Education by contacting Carrie McDougall at 202-482- 0875 or Sarah Schoedinger at 704-370-3528 or sending a letter to: Carrie McDougall, Dept. of Commerce, NOAA Office of Education, 1401 Constitution Avenue, NW., Room 6863, Washington, DC 20230; Telephone: 202-482-0875.

    http://edocket.access.gpo.gov/2009/E9-10166.htm

  • Executive Office of the President

  • Biofuels And Rural Economic Development

    Memorandum of May 5, 2009

    Biofuels And Rural Economic Development

    Memorandum for the Secretary of Agriculture, the Secretary of Energy, [and] the Administrator of the Environmental Protection Agency

    In the Nation's ongoing efforts to achieve energy independence, biomass and biofuels promise to play a key role by providing the Nation with homegrown sustainable energy options and energizing our economy with new industries and jobs. While producing clean renewable fuels locally is a powerful engine of economic growth, they must be developed and used in a way that limits environmental impact. Today, the Environmental Protection Agency (EPA) is issuing a Notice of Proposed Rulemaking, as required by the Energy Independence and Security Act of 2007, to set new national renewable fuel standards and implement those standards. The public will have an opportunity to provide input on this proposal through a 60-day comment period, and the EPA is conducting peer reviews on key aspects of the environmental impact assessments within the proposal.

    In order to shepherd our Nation's development of this important industry and to coordinate interagency policy, I hereby establish a Biofuels Interagency Working Group (Working Group), to be co-chaired by the Secretaries of Agriculture and Energy and the Administrator of the EPA. This Working Group will coordinate with the National Science and Technology Council's Biomass Research and Development Board in undertaking its work. The responsibilities of the Working Group shall include:

    (a) Developing the Nation's first comprehensive biofuel market development program, which shall use existing authorities and identify new policies to support the development of next-generation biofuels, increase flexible fuel vehicle use, and assist in retail marketing efforts; (b) Coordinating infrastructure policies affecting the supply, secure transport, and distribution of biofuels; and (c) Identifying new policy options to promote the environmental sustainability of biofuels feedstock production, taking into consideration land use, habitat conservation, crop management practices, water efficiency and water quality, as well as lifecycle assessments of greenhouse gas emissions.

    Alongside the Working Group's efforts, the Secretary of Agriculture may pursue other important biofuel development efforts. The Rural Development Act of 1972 and the Rural Development Policy Act of 1980 direct the Secretary of Agriculture to develop, in coordination with State and local governments, a nationwide rural development program to assure rural America's health and prosperity. In keeping with that mandate, and recognizing the key role rural America will play in the development of biofuel technology and development, I request that the Secretary of Agriculture take the following steps, to the extent permitted by law:

    (a) Immediately begin restructuring existing investments in renewable fuels as needed to preserve industry employment; and (b) Develop a comprehensive approach to accelerating the investment in and production of American biofuels and reducing our dependence on fossil fuels by providing, within 30 days, under the authorities made available in the Food, Conservation, and Energy Act of 2008:

    (i) Loan guarantees for the development, construction, and retrofitting of commercial-scale biorefineries and grants to help pay for the development and construction costs of demonstration-scale biorefineries;

    (ii) Expedited funding to encourage biorefineries to replace the use of fossil fuels in plant operations by installing new biomass energy systems or producing new energy from renewable biomass;

    (iii) Expedited funding to biofuels producers to encourage production of next-generation biofuels from cellulosic biomass and other feedstocks;

    (iv) Expansion of the Renewable Energy Systems and Energy Efficiency Improvements Program, which has been renamed the Rural Energy for America Program, to include hydroelectric source technologies, energy audits, and higher loan guarantee limits; and

    (v) Guidance and support for collection, harvest, storage, and transportation assistance for eligible materials for use in biomass conversion facilities.

    This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

    The Secretary of Agriculture is hereby authorized and directed to publish this memorandum in the Federal Register.

    (Presidential Sig.)

    THE WHITE HOUSE,

    Washington, May 5, 2009

    http://edocket.access.gpo.gov/2009/E9-10861.htm

  • Health and Human Services

  • Office of Biotechnology Activities; Recombinant DNA Research: Notice of Extension for Public Comment Period for the Consideration of a Proposed Action Under the NIH Guidelines for Research Involving Recombinant DNA Molecules (NIH Guidelines); Notice

    A notice of consideration of a proposed action under the NIH Guidelines with an opportunity for public comment was published by the Department of Health and Human Services, National Institutes of Health, in the Federal Register (74 FR 9411) on March 4, 2009 for the Office of Biotechnology Activities; Recombinant DNA Research: Proposed Actions Under the NIH Guidelines for Research Involving Recombinant DNA Molecules. The public comment period ends on May 4, 2009. This notice announces an extension of the public comment period until June 1, 2009.

    If you have questions, or require additional information about these proposed changes, please contact OBA by e-mail at oba@od.nih.gov, or by telephone at 301-496-9838. Comments may be submitted to the same e-mail address or submitted by fax to 301-496-9839, or sent by mail to the Office of Biotechnology Activities, National Institutes of Health, 6705 Rockledge Drive, Suite 750, MSC 7985, Bethesda, Maryland 20892- 7985. Background information may be obtained by contacting NIH OBA by e-mail at oba@od.nih.gov.

    http://edocket.access.gpo.gov/2009/E9-10432.htm

  • Office of the Director, National Institutes of Health; Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Advisory Committee to the Director, NIH.

    The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    Name of Committee: Advisory Committee to the Director, NIH.

    Date: June 4, 2009.

    Time: 8:30 a.m. to 5 p.m.

    Agenda: Among the topics proposed for discussion are: (1) NIH Director's Report; (2) NIH Director's Council of Public Representatives Liaison Report; and (3) other business of the Committee.

    Place: National Institutes of Health, Building 31, 31 Center Drive, Bethesda, MD 20892.

    Contact Person: Penny W. Burgoon, PhD, Senior Assistant to the Deputy Director, Office of the Director, National Institutes of Health, 1 Center Drive, Building 1, Room 109, Bethesda, MD 20892, 301-451-5870, burgoonp@od.nih.gov.

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: http://www.nih.gov/about/director/acd.htm, where an agenda and any additional information for the meeting will be posted when available.

    http://edocket.access.gpo.gov/2009/E9-10528.htm

  • Interior

  • Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the American Pika as Threatened or Endangered with Critical Habitat

    AGENCY: Fish and Wildlife Service, Interior.

    ACTION: Notice of 90-day petition finding and initiation of status review.


    SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the American pika (Ochotona princeps) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing of the American pika may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species, and we will issue a 12-month finding to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data regarding this species. We will make a determination on critical habitat for this species if, and when, we initiate a listing action.

    DATES: We made the finding announced in this document on May 7, 2009. To allow us adequate time to conduct the 12-month status review, we request that we receive information on or before July 6, 2009.

    ADDRESSES: You may submit information by one of the following methods:

    Federal rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R6-ES-2009-0021; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203.

    We will not accept e-mail or faxes. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Solicited section below for more information).

    FOR FURTHER INFORMATION CONTACT: Larry Crist, Field Supervisor, Utah Ecological Services Field Office, 2369 West Orton Circle, Suite 50, West Valley City, UT 84119; telephone 801-975-3330, extension 126. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339.

    http://edocket.access.gpo.gov/2009/E9-10551.htm

  • Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Southwest Alaska Distinct Population Segment of the Northern Sea Otter (Enhydra lutris kenyoni)

    AGENCY: Fish and Wildlife Service, Interior.

    ACTION: Proposed rule; reopening of public comment period; notice of public hearing.


    SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our proposal to designate critical habitat for the southwest Alaska Distinct Population Segment (DPS) of the northern sea otter (Enhydra lutris kenyoni) under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit written comments on our December 16, 2008, proposed rule to designate approximately 15,225 square kilometers (km\2) (5,879 square miles (mi\2)) as critical habitat.

    DATES: We are reopening the comment period until July 1, 2009. For more information, see Public Comments Solicited section below.

    ADDRESSES: Public Comments: You may submit information by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R7-ES-2008-0105; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203.

    Public Hearing: We will hold one public hearing on June 18, 2009, at the Z.J. Loussac Library in Anchorage, Alaska. There will be an informational meeting with a questions and answer session from 7 p.m. to 7:30 p.m. and we will accept public comments verbally from 7:30 p.m. to 9:30 p.m. In addition to having the opportunity to provide oral comments in person, telephone access will be provided for this hearing. Contact the Marine Mammals Management Office (see FOR FURTHER INFORMATION CONTACT) for more information about this public hearing.

    We will post all information received on http:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments Solicited section below for more details).

    FOR FURTHER INFORMATION CONTACT: Douglas M. Burn, Marine Mammals Management Office, U.S. Fish and Wildlife Service, 1011 East Tudor Road, Anchorage, AK 99503; telephone 907/786-3800; facsimile 907/786- 3816. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339.

    http://edocket.access.gpo.gov/2009/E9-10715.htm

  • National Science Foundation

  • National Science Board: Sunshine Act Meetings; Notice

    The National Science Board, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C.1862n-5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of meetings for the transaction of National Science Board business and other matters specified, as follows:

    Agency Holding Meeting: National Science Board.

    Date and Time: Wednesday, May 13, 2009, at 8 a.m.; and Thursday, May 14, 2009 at 8 a.m.

    Place: National Science Foundation, 4201 Wilson Blvd., Rooms 1235 and 1295, Arlington, VA 22230. All visitors must report to the NSF visitor desk at the 9th and N. Stuart Streets entrance to receive a visitor's badge. For your convenience, arrange for a visitor's badge in advance. Call 703-292-7000 to request that your badge be ready for pick-up at the visitor's desk on the day of the meeting.

    Status: Some portions open, some portions closed.

    Open Sessions

    May 13, 2009

    8 a.m.-8:05 a.m. 8:05 a.m.-11:15 a.m. 8:30 a.m.-8:45 a.m. 8:45 a.m.-9 a.m. 11 a.m.-12 p.m. 1 p.m.-3:45 p.m.

    May 14, 2009

    8 a.m.-9 a.m. 10 a.m.-11 a.m. 11 a.m.-12 p.m. 1 p.m.-1:30 p.m. 2 p.m.-3:30 p.m.

    Closed Sessions

    May 13, 2009

    9 a.m.-9:30 a.m. 9:30 a.m.-11 a.m. 11:15 a.m.-12 p.m. 1 p.m.-3:45 p.m.

    May 14, 2009

    9 a.m.-9:30 p.m. 9:30 a.m.-10 a.m. 1:30 p.m.-1:45 p.m. 1:45 p.m.-2 p.m.

    Agency Contact: Dr. Robert E. Webber, rwebber@nsf.gov, (703) 292-7000, http://www.nsf.gov/nsb/.

    http://edocket.access.gpo.gov/2009/E9-10247.htm