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Federal Register Summary for week of 15 May

    Commerce

  • Hydrographic Services Review Panel Meeting

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

    ACTION: Notice of public open meeting (via conference call).


    SUMMARY: The Hydrographic Services Review Panel (HSRP) was established by the Secretary of Commerce to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice.

    The purpose of the conference call is to allow Panel members to deliberate and vote on recommendations related to topics that were presented during a public meeting in Baltimore, Maryland, on April 14- 15, 2009. Written public comments should be submitted to Captain Steven Barnum, Designated Federal Officer (DFO), by May 29, 2009.

    Date and Time: The conference call will convene at 2 p.m. Eastern Daylight Time, June 8, 2009, and end by 3 p.m., if not earlier.

    Public Participation: The meeting will be open to the public, with conference connection information below. It is recommended that interested public call in at 2 p.m. when the meeting starts because there is not a fixed time for public comment. The HSRP Chair will ask at large if there are any comments or questions from the public after the Panel discusses recommendations from the April 14-15, 2009 meeting. A final vote on recommendations will follow before the meeting ends.

    FOR FURTHER INFORMATION CONTACT: Captain Steven Barnum, NOAA, Designated Federal Official (DFO), Office of Coast Survey, National Ocean Service (NOS), NOAA (N/CS), 1315 East West Highway, Silver Spring, Maryland 20910; Telephone: 301-713-2770, Fax: 301-713-4019; e- mail: Hydroservices.panel@noaa.gov or visit the NOAA HSRP Web site at http://nauticalcharts.noaa.gov/ocs/hsrp/hsrp.htm.

    http://edocket.access.gpo.gov/2009/E9-11394.htm

  • New England Fishery Management Council; Public Meeting

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

    ACTION: Notice of a public meeting.


    SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee (Committee), in May, 2009, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES: The meeting will be held on Wednesday, May 27, 2009, at 9:30 a.m.

    ADDRESSES: The meeting will be held at the Sheraton Ferncroft, 50 Ferncroft Road, Danvers, MA 01923; telephone: (978) 777-2500; fax: (978) 750-7959.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    http://edocket.access.gpo.gov/2009/E9-10840.htm

  • Notice of Web Site Publication

    AGENCY: Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Commerce (DOC).

    ACTION: Notice of Web site publication.


    SUMMARY: Notice is hereby given of public access via http:// www.climate.noaa.gov to information pertaining to an upcoming Climate Program Office solicitation of grant proposals.

    http://edocket.access.gpo.gov/ua090511/ua090512.txt

  • Environmental Protection Agency

  • Board of Scientific Counselors, Executive Committee Meeting--June 2009

    AGENCY: Environmental Protection Agency (EPA).

    ACTION: Notice of meeting.


    SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of a meeting of the Board of Scientific Counselors (BOSC) Executive Committee.

    DATES: The meeting will be held on Thursday, June 4, 2009, from 8:15 a.m. to 5 p.m., and will continue on Friday, June 5, 2009, from 8:15 a.m. until 12 noon. All times noted are Central Standard Time. The meeting may adjourn early if all business is finished. Requests for the draft agenda or for making oral presentations at the meeting will be accepted up to one business day before the meeting.

    ADDRESSES: The meeting will be held at the EPA Office of Research and Development, National Health and Environmental Effects Laboratory, 6201 Congdon Boulevard, Duluth, Minnesota 55804. Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2009-0266, by one of the following methods: http://www.regulations.gov: Follow the on-line instructions for submitting comments.

    E-mail: Send comments by electronic mail (e-mail) to: ORD.Docket@epa.gov, Attention Docket ID No. EPA-HQ-ORD-2009-0266.

    Fax comments to: (202) 566-0224, Attention Docket ID No. EPA-HQ-ORD-2009-0266.

    Mail: Send comments by mail to: Board of Scientific Counselors, Executive Committee Meeting--June 2009 Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. EPA-HQ-ORD-2009-0266.

    Hand Delivery or Courier. Deliver comments to: EPA Docket Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2009- 0266. Note: this is not a mailing address. Such deliveries are only accepted during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD- 2009-0266. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/ epahome/dockets.htm.

    Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the Board of Scientific Counselors, Executive Committee Meeting--June 2009 Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the ORD Docket is (202) 566-1752.

    http://edocket.access.gpo.gov/2009/E9-11105.htm

  • Notice To Terminate the National Environmental Performance Track Program

    AGENCY: Environmental Protection Agency (EPA).

    ACTION: Notice.


    SUMMARY: The Environmental Protection Agency has decided to terminate the National Environmental Performance Track Program.

    DATES: The Performance Track Program is terminated effective May 14, 2009.

    FOR FURTHER INFORMATION CONTACT: Chuck Kent, Office of Policy, Economics and Innovation, 202-566-2805 or by e-mail at Kent.Chuck@epa.gov.

    http://edocket.access.gpo.gov/2009/E9-11272.htm

  • Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation

    AGENCY: Environmental Protection Agency.

    ACTION: Final rule.


    SUMMARY: The Environmental Protection Agency (EPA) is taking final action on a rule that amends and delays the effective date for the rule addressing "aggregation" under the Prevention of Significant Deterioration (PSD) and the nonattainment New Source Review (nonattainment NSR) programs (collectively, "NSR"). The ``NSR Aggregation Amendments'' were published in the Federal Register on January 15, 2009, and described when a source must combine nominally- separate physical changes and changes in the method of operation for the purpose of determining whether they are a single change resulting in a significant emissions increase.

    On January 30, 2009, the Natural Resources Defense Council (NRDC) submitted a petition for reconsideration (the "NRDC Petition") of the NSR Aggregation Amendments. In response to the NRDC Petition, EPA announced on February 13, 2009, that it would convene a reconsideration proceeding for the NSR Aggregation Amendments and would delay the effective date of the rule from February 17, 2009 until May 18, 2009. On March 18, 2009, EPA proposed an additional delay of the effective date and solicited comment on the duration of the additional delay.

    By this rule, EPA is delaying the effective date of the NSR Aggregation Amendments for an additional 12 months, which will allow for sufficient time to conduct the reconsideration proceeding. The new effective date of the rule is May 18, 2010.

    DATES: The effective date of FR Doc. E9-815, published in the Federal Register on January 15, 2009 (74 FR 2376), and delayed on February 13, 2009 (74 FR 7284), is further delayed to May 18, 2010.

    ADDRESSES: Docket: The final rule, the petition for reconsideration, comments on the March 18, 2009 proposal, and all other documents in the record for the NSR Aggregation rulemaking are in Docket ID. No. EPA-HQ- OAR-2003-0064. All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air and Radiation Docket and Information Center, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744.

    FOR FURTHER INFORMATION CONTACT: Mr. David J. Svendsgaard, Air Quality Policy Division, Office of Air Quality Planning and Standards (C504- 03), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, telephone (919) 541-2380, fax number (919) 541-5509, e-mail address: svendsgaard.dave@epa.gov.

    http://edocket.access.gpo.gov/2009/E9-11271.htm

  • Science Advisory Board Staff Office; Notification of a Public Teleconference of the Chartered Science Advisory Board

    AGENCY: Environmental Protection Agency (EPA).

    ACTION: Notice.


    SUMMARY: The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the Chartered Science Advisory Board to discuss EPA's research budget for Fiscal Year 2010.

    DATES: The teleconference date is Thursday, May 28, 2009, from 1 p.m. to 4 p.m. (Eastern Time).

    ADDRESSES: The teleconference will be conducted by telephone only.

    FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to obtain general information concerning this public teleconference should contact Mr. Thomas O. Miller, Designated Federal Officer (DFO), EPA Science Advisory Board (1400F), 1200 Pennsylvania Ave., NW, Washington, DC 20460; via telephone/voice mail: (202) 343-9982; fax: (202) 233- 0643; or e-mail at miller.tom@epa.gov. General information concerning the EPA Science Advisory Board can be found on the SAB Web site at http://www.epa.gov/sab.

    http://edocket.access.gpo.gov/2009/E9-11106.htm

  • Semiannual Regulatory Agenda

    AGENCY: Environmental Protection Agency.

    ACTION: Semiannual regulatory flexibility agenda and semiannual regulatory agenda.


    SUMMARY: The Environmental Protection Agency (EPA) publishes the semiannual regulatory agenda online (the e-agenda) at www.reginfo.gov to update the public about:

    Regulations and major policies currently under development,

    Reviews of existing regulations and major policies, and

    Rules and major policymakings completed or canceled since the last agenda.

    Definitions:

    "E-agenda," "online regulatory agenda," and "semiannual regulatory agenda" all refer to the same comprehensive collection of information that used to be published in the Federal Register, but which now are only available through an online database.

    "Regulatory Flexibility Agenda refers to a document that contains information about regulations that may have a significant impact on a substantial number of small entities. This will continue to be published in the Federal Register because of a requirement of the Regulatory Flexibility Act.

    "Monthly Action Initiation List" (AIL) refers to a list that EPA posts online each month of the regulations newly approved for development.

    "Unified Regulatory Agenda" refers to the collection of all agencies' agendas with an introduction prepared by the Regulatory Information Service Center.

    "Regulatory agenda preamble" refers to the document you are reading now. It appears as part of EPA's regulatory flexibility agenda and introduces both the regulatory flexibility agenda and EPA's e-agenda.

    FOR FURTHER INFORMATION CONTACT: If you have questions or comments about a particular action, please get in touch with the agency contact listed in each agenda entry. If you have general questions about the semiannual regulatory agenda please contact: Phil Schwartz (schwartz.philip@epa.gov; 202-564-6564) or Caryn Muellerleile (muellerleile.caryn@epa.gov; 202-564-2855).

    TO BE PLACED ON AN AGENDA MAILING LIST: If you would like to receive an e-mail with a link to new semiannual regulatory agendas as soon as they are published, please send an e-mail message with your name and address to: nscep@bps-lmit.com and put "E-Regulatory Agenda: Electronic Copy" in the subject line.

    If you would like to regularly receive information about the rules newly approved for development, sign up for our monthly Action Initiation List by going to http://www.epa.gov/lawsregs/ search/ail.htmlnotification and completing the five steps listed there.

    If you would like to receive a hard copy of the semiannual agenda about 2 to 3 months after publication, call 800-490-9198 or send an e-mail with your name and complete address to: nscep@bps- lmit.com and put "Regulatory Agenda Hard Copy" in the subject line.

    http://edocket.access.gpo.gov/ua090511/ua090512.txt

  • Executive Office of the President

  • Chesapeake Bay Protection and Restoration

    Executive Order 13508 of May 12, 2009

    Chesapeake Bay Protection and Restoration

    By the authority vested in me as President by the Constitution and the laws of the United States of America and in furtherance of the purposes of the Clean Water Act of 1972, as amended (33 U.S.C. 1251 et seq.), and other laws, and to protect and restore the health, heritage, natural resources, and social and economic value of the Nation's largest estuarine ecosystem and the natural sustainability of its watershed, it is hereby ordered as follows:

    PART 1--PREAMBLE

    The Chesapeake Bay is a national treasure constituting the largest estuary in the United States and one of the largest and most biologically productive estuaries in the world. The Federal Government has nationally significant assets in the Chesapeake Bay and its watershed in the form of public lands, facilities, military installations, parks, forests, wildlife refuges, monuments, and museums.

    Despite significant efforts by Federal, State, and local governments and other interested parties, water pollution in the Chesapeake Bay prevents the attainment of existing State water quality standards and the "fishable and swimmable" goals of the Clean Water Act. At the current level and scope of pollution control within the Chesapeake Bay's watershed, restoration of the Chesapeake Bay is not expected for many years. The pollutants that are largely responsible for pollution of the Chesapeake Bay are nutrients, in the of nitrogen and phosphorus, and sediment. These pollutants come from many sources, including sewage treatment plants, city streets, development sites, agricultural operations, and deposition from the air onto the waters of the Chesapeake Bay and the lands of the watershed.

    Restoration of the health of the Chesapeake Bay will require a renewed commitment to controlling pollution from all sources as well as protecting and restoring habitat and living resources, conserving lands, and improving management of natural resources, all of which contribute to improved water quality and ecosystem health. The Federal Government should lead this effort. Executive departments and agencies (agencies), working in collaboration, can use their expertise and resources to contribute significantly to improving the health of the Chesapeake Bay. Progress in restoring the Chesapeake Bay also will depend on the support of State and local governments, the enterprise of the private sector, and the stewardship provided to the Chesapeake Bay by all the people who make this region their home.

    PART 2--SHARED FEDERAL LEADERSHIP, PLANNING, AND ACCOUNTABILITY

    Sec. 201. Federal Leadership Committee. In order to begin a new era of shared Federal leadership with respect to the protection and restoration of the Chesapeake Bay, a Federal Leadership Committee (Committee) for the Chesapeake Bay is established to oversee the development and coordination of programs and activities, including data management and reporting, of agencies participating in protection and restoration of the Chesapeake Bay. The Committee shall manage the development of strategies and program plans for the watershed and ecosystem of the Chesapeake Bay and oversee their implementation. The Committee shall be chaired by the Administrator of the Environmental Protection Agency (EPA), or the Administrator's designee, and include senior representatives of the Departments of Agriculture (USDA), Commerce (DOC), Defense (DOD), Homeland Security (DHS), the Interior (DOI), Transportation (DOT), and such other agencies as determined by the Committee. Representatives serving on the Committee shall be officers of the United States.

    Sec. 202. Reports on Key Challenges to Protecting and Restoring the Chesapeake Bay. Within 120 days from the date of this order, the agencies identified in this section as the lead agencies shall prepare and submit draft reports to the Committee making recommendations for accomplishing the following steps to protect and restore the Chesapeake Bay:

    (a) define the next generation of tools and actions to restore water quality in the Chesapeake Bay and describe the changes to be made to regulations, programs, and policies to implement these actions;

    (b) target resources to better protect the Chesapeake Bay and its tributary waters, including resources under the Food Security Act of 1985 as amended, the Clean Water Act, and other laws;

    (c) strengthen storm water management practices at Federal facilities and on Federal lands within the Chesapeake Bay watershed and develop storm water best practices guidance;

    (d) assess the impacts of a changing climate on the Chesapeake Bay and develop a strategy for adapting natural resource programs and public infrastructure to the impacts of a changing climate on water quality and living resources of the Chesapeake Bay watershed;

    (e) expand public access to waters and open spaces of the Chesapeake Bay and its tributaries from Federal lands and conserve landscapes and ecosystems of the Chesapeake Bay watershed;

    (f) strengthen scientific support for decisionmaking to restore the Chesapeake Bay and its watershed, including expanded environmental research and monitoring and observing systems; and

    (g) develop focused and coordinated habitat and research activities that protect and restore living resources and water quality of the Chesapeake Bay and its watershed.

    The EPA shall be the lead agency for subsection (a) of this section and the development of the storm water best practices guide under subsection (c). The USDA shall be the lead agency for subsection (b). The DOD shall lead on storm water management practices at Federal facilities and on Federal lands under subsection (c). The DOI and the DOC shall share the lead on subsections (d), (f), and (g), and the DOI shall be lead on subsection (e). The lead agencies shall provide final reports to the Committee within 180 days of the date of this order.

    Sec. 203. Strategy for Protecting and Restoring the Chesapeake Bay. The Committee shall prepare and publish a strategy for coordinated implementation of existing programs and projects to guide efforts to protect and restore the Chesapeake Bay. The strategy shall, to the extent permitted by law:

    (a) define environmental goals for the Chesapeake Bay and describe milestones for making progress toward attainment of these goals;

    (b) identify key measureable indicators of environmental condition and changes that are critical to effective Federal leadership;

    (c) describe the specific programs and strategies to be implemented, including the programs and strategies described in draft reports developed under section 202 of this order;

    (d) identify the mechanisms that will assure that governmental and other activities, including data collection and distribution, are coordinated and effective, relying on existing mechanisms where appropriate; and

    (e) describe a process for the implementation of adaptive management principles, including a periodic evaluation of protection and restoration activities.

    The Committee shall review the draft reports submitted by lead agencies under section 202 of this order and, in consultation with relevant State agencies, suggest appropriate revisions to the agency that provided the draft report. It shall then integrate these reports into a coordinated strategy for restoration and protection of the Chesapeake Bay consistent with the requirements of this order. Together with the final reports prepared by the lead agencies, the draft strategy shall be published for public review and comment within 180 days of the date of this order and a final strategy shall be published within 1 year. To the extent practicable and authorized under their existing authorities, agencies may begin implementing core elements of restoration and protection programs and strategies, in consultation with the Committee, as soon as possible and prior to release of a final strategy.

    Sec. 204. Collaboration with State Partners. In preparing the reports under section 202 and the strategy under section 203, the lead agencies and the Committee shall consult extensively with the States of Virginia, Maryland, Pennsylvania, West Virginia, New York, and Delaware and the District of Columbia. The goal of this consultation is to ensure that Federal actions to protect and restore the Chesapeake Bay are closely coordinated with actions by State and local agencies in the watershed and that the resources, authorities, and expertise of Federal, State, and local agencies are used as efficiently as possible for the benefit of the Chesapeake Bay's water quality and ecosystem and habitat health and viability.

    Sec. 205. Annual Action Plan and Progress Report. Beginning in 2010, the Committee shall publish an annual Chesapeake Bay Action Plan (Action Plan) describing how Federal funding proposed in the President's Budget will be used to protect and restore the Chesapeake Bay during the upcoming fiscal year. This plan will be accompanied by an Annual Progress Report reviewing indicators of environmental conditions in the Chesapeake Bay, assessing implementation of the Action Plan during the preceding fiscal year, and recommending steps to improve progress in restoring and protecting the Chesapeake Bay. The Committee shall consult with stakeholders (including relevant State agencies) and members of the public in developing the Action Plan and Annual Progress Report.

    Sec. 206. Strengthen Accountability. The Committee, in collaboration with State agencies, shall ensure that an independent evaluator periodically reports to the Committee on progress toward meeting the goals of this order. The Committee shall ensure that all program evaluation reports, including data on practice or system implementation and maintenance funded through agency programs, as appropriate, are made available to the public by posting on a website maintained by the Chair of the Committee.

    PART 3--RESTORE CHESAPEAKE BAY WATER QUALITY

    Sec. 301. Water Pollution Control Strategies. In preparing the report required by subsection 202(a) of this order, the Administrator of the EPA (Administrator) shall, after consulting with appropriate State agencies, examine how to make full use of its authorities under the Clean Water Act to protect and restore the Chesapeake Bay and its tributary waters and, as appropriate, shall consider revising any guidance and regulations. The Administrator shall identify pollution control strategies and actions authorized by the EPA's existing authorities to restore the Chesapeake Bay that:

    (a) establish a clear path to meeting, as expeditiously as practicable, water quality and environmental restoration goals for the Chesapeake Bay;

    (b) are based on sound science and reflect adaptive management principles;

    (c) are performance oriented and publicly accountable;

    (d) apply innovative and cost-effective pollution control measures;

    (e) can be replicated in efforts to protect other bodies of water, where appropriate; and

    (f) build on the strengths and expertise of Federal, State, and local governments, the private sector, and citizen organizations.

    Sec. 302. Elements of EPA Reports. The strategies and actions identified by the Administrator of the EPA in preparing the report under subsection 202(a) shall include, to the extent permitted by law:

    (a) using Clean Water Act tools, including strengthening existing permit programs and extending coverage where appropriate;

    (b) establishing new, minimum standards of performance where appropriate, including:

    (i) establishing a schedule for the implementation of key actions in cooperation with States, local governments, and others;

    (ii) constructing watershed-based frameworks that assign pollution reduction responsibilities to pollution sources and maximize the reliability and cost-effectiveness of pollution reduction programs; and

    (iii) implementing a compliance and enforcement strategy.

    PART 4--AGRICULTURAL PRACTICES TO PROTECT THE CHESAPEAKE BAY

    Sec. 401. In developing recommendations for focusing resources to protect the Chesapeake Bay in the report required by subsection 202(b) of this order, the Secretary of Agriculture shall, as appropriate, concentrate the USDA's working lands and land retirement programs within priority watersheds in counties in the Chesapeake Bay watershed. These programs should apply priority conservation practices that most efficiently reduce nutrient and sediment loads to the Chesapeake Bay, as identified by USDA and EPA data and scientific analysis. The Secretary of Agriculture shall work with State agriculture and conservation agencies in developing the report.

    PART 5--REDUCE WATER POLLUTION FROM FEDERAL LANDS AND FACILITIES

    Sec. 501. Agencies with land, facilities, or installation management responsibilities affecting ten or more acres within the watershed of the Chesapeake Bay shall, as expeditiously as practicable and to the extent permitted by law, implement land management practices to protect the Chesapeake Bay and its tributary waters consistent with the report required by section 202 of this order and as described in guidance published by the EPA under section 502.

    Sec. 502. The Administrator of the EPA shall, within 1 year of the date of this order and after consulting with the Committee and providing for public review and comment, publish guidance for Federal land management in the Chesapeake Bay watershed describing proven, cost-effective tools and practices that reduce water pollution, including practices that are available for use by Federal agencies.

    PART 6--PROTECT CHESAPEAKE BAY AS THE CLIMATE CHANGES

    Sec. 601. The Secretaries of Commerce and the Interior shall, to the extent permitted by law, organize and conduct research and scientific assessments to support development of the strategy to adapt to climate change impacts on the Chesapeake Bay watershed as required in section 202 of this order and to evaluate the impacts of climate change on the Chesapeake Bay in future years. Such research should include assessment of:

    (a) the impact of sea level rise on the aquatic ecosystem of the Chesapeake Bay, including nutrient and sediment load contributions from stream banks and shorelines;

    (b) the impacts of increasing temperature, acidity, and salinity levels of waters in the Chesapeake Bay;

    (c) the impacts of changing rainfall levels and changes in rainfall intensity on water quality and aquatic life;

    (d) potential impacts of climate change on fish, wildlife, and their habitats in the Chesapeake Bay and its watershed; and

    (e) potential impacts of more severe storms on Chesapeake Bay resources.

    PART 7--EXPAND PUBLIC ACCESS TO THE CHESAPEAKE BAY AND CONSERVE LANDSCAPES AND ECOSYSTEMS

    Sec. 701. (a) Agencies participating in the Committee shall assist the Secretary of the Interior in development of the report addressing expanded public access to the waters of the Chesapeake Bay and conservation of landscapes and ecosystems required in subsection 202(e) of this order by providing to the Secretary:

    (i) a list and description of existing sites on agency lands and facilities where public access to the Chesapeake Bay or its tributary waters is offered;

    (ii) a description of options for expanding public access at these agency sites;

    (iii) a description of agency sites where new opportunities for public access might be provided;

    (iv) a description of safety and national security issues related to expanded public access to Department of Defense installations;

    (v) a description of landscapes and ecosystems in the Chesapeake Bay watershed that merit recognition for their historical, cultural, ecological, or scientific values; and

    (vi) options for conserving these landscapes and ecosystems.

    (b) In developing the report addressing expanded public access on agency lands to the waters of the Chesapeake Bay and options for conserving landscapes and ecosystems in the Chesapeake Bay, as required in subsection 202(e) of this order, the Secretary of the Interior shall coordinate any recommendations with State and local agencies in the watershed and programs such as the Captain John Smith Chesapeake National Historic Trail, the Chesapeake Bay Gateways and Watertrails Network, and the Star-Spangled Banner National Historic Trail.

    PART 8--MONITORING AND DECISION SUPPORT FOR ECOSYSTEM MANAGEMENT

    Sec. 801. The Secretaries of Commerce and the Interior shall, to the extent permitted by law, organize and conduct their monitoring, research, and scientific assessments to support decisionmaking for the Chesapeake Bay ecosystem and to develop the report addressing strengthening environmental monitoring of the Chesapeake Bay and its watershed required in section 202 of this order. This report will assess existing monitoring programs and gaps in data collection, and shall also include the following topics:

    (a) the health of fish and wildlife in the Chesapeake Bay watershed;

    (b) factors affecting changes in water quality and habitat conditions; and

    (c) using adaptive management to plan, monitor, evaluate, and adjust environmental management actions.

    PART 9--LIVING RESOURCES PROTECTION AND RESTORATION

    Sec. 901. The Secretaries of Commerce and the Interior shall, to the extent permitted by law, identify and prioritize critical living resources of the Chesapeake Bay and its watershed, conduct collaborative research and habitat protection activities that address expected outcomes for these species, and develop a report addressing these topics as required in section 202 of this order. The Secretaries of Commerce and the Interior shall coordinate agency activities related to living resources in estuarine waters to ensure maximum benefit to the Chesapeake Bay resources.

    PART 10--EXCEPTIONS

    Sec. 1001. The heads of agencies may authorize exceptions to this order, in the following circumstances:

    (a) during time of war or national emergency;

    (b) when necessary for reasons of national security;

    (c) during emergencies posing an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasible solution; or

    (d) in any case that constitutes a danger to human life or a real threat to vessels, aircraft, platforms, or other man-made structures at sea, such as cases of force majeure caused by stress of weather or other act of God.

    PART 11--GENERAL PROVISIONS

    Sec. 1101. (a) Nothing in this order shall be construed to impair or otherwise affect:

    (i) authority granted by law to a department, agency, or the head thereof; or

    (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

    (c) This order 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.

    (Presidential Sig.)

    THE WHITE HOUSE,

    May 12, 2009.

    http://edocket.access.gpo.gov/2009/E9-11547.htm

  • Health and Human Services

  • National Biodefense Science Board; Notification of a Public Teleconference

    AGENCY: Department of Health and Human Services, Office of the Secretary.

    ACTION: Notice.


    SUMMARY: As stipulated by the Federal Advisory Committee Act, the U.S. Department of Health and Human Services is hereby giving notice that the National Biodefense Science Board (NBSB) will be holding a public teleconference. The meeting is open to the public.

    DATES: The NBSB will hold a public teleconference on May 22, 2009. The teleconference will be held from 2 p.m. to 4 p.m. EDT.

    ADDRESSES: The conference will be conducted by phone. Public Conference Call-in Number is available by e-mailing NBSB@hhs.gov and will be posted on the NBSB Web site at http://www.hhs.gov/aspr/omsph/nbsb/ index.html prior to the meeting. Participants should call in 15 minutes prior to the call and will be asked to provide their name, title, and organization.

    FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to obtain general information concerning this public teleconference should contact NBSB@hhs.gov.

    http://edocket.access.gpo.gov/2009/E9-11041.htm

  • Interior

  • Endangered and Threatened Wildlife and Plants; Proposed Rule To Reclassify the Oregon Chub (Oregonichthys crameri) From Endangered to Threatened

    AGENCY: Fish and Wildlife Service, Interior.

    ACTION: Proposed rule.


    SUMMARY: Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), propose to reclassify the Oregon chub (Oregonichthys crameri) from endangered to threatened. This proposal is based on a thorough review of the best available scientific data, which indicate that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range. We seek information, data, and comments from the public regarding the Oregon chub and this proposal.

    DATES: We will accept comments received on or before July 14, 2009. Public hearing requests must be received by June 29, 2009.

    ADDRESSES: You may submit comments 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: RIN 1018-AW42; 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 Public Comments section below for more information).

    Public Hearing Requests: To request a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT.

    FOR FURTHER INFORMATION CONTACT: Paul Henson, State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE. 98th Avenue, Suite 100, Portland, Oregon 97266; (telephone 503/231- 6179). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800/877-8339, 24 hours a day, 7 days a week.

    http://edocket.access.gpo.gov/2009/E9-11322.htm

  • Wild Horse and Burro Advisory Board; Meeting

    AGENCY: Bureau of Land Management, Interior.

    ACTION: Announcement of meeting.


    SUMMARY: The Bureau of Land Management (BLM) announces that the Wild Horse and Burro Advisory Board will conduct a meeting on matters pertaining to management and protection of wild, free-roaming horses and burros on the Nation's public lands.

    DATES: The Advisory Board will meet Monday, June 15, 2009, from 8 a.m. to 5 p.m., local time. This will be a one day meeting.

    ADDRESSES: The Advisory Board will meet in Sacramento, California at the Red Lion Hotel at Arden Village. The Red Lion's address is 1401 Arden Way, Sacramento, California 95815. Their phone number is 1-916- 922-8041 and their e-mail is http://www.redlionsac.com.

    Written comments pertaining to the Advisory Board meeting should be sent to: Bureau of Land Management, National Wild Horse and Burro Program, WO-260, Attention: Ramona DeLorme, 1340 Financial Boulevard, Reno, Nevada 89502-7147. Submit written comments pertaining to the Advisory Board meeting no later than close of business June 10, 2009. See the SUPPLEMENTARY INFORMATION section for electronic access and filing address.

    FOR FURTHER INFORMATION CONTACT: Ramona DeLorme, Wild Horse and Burro Administrative Assistant, at 775-861-6583. Individuals who use a telecommunications device for the deaf (TDD) may reach Ms. DeLorme at any time by calling the Federal Information Relay Service at 1-800-877- 8339.

    http://edocket.access.gpo.gov/2009/E9-11381.htm