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Federal Register Summary for week of 14 August

    Agriculture

  • Notice of Opportunity To Submit Content Request for the 2010 Census of Aquaculture

    AGENCY: National Agricultural Statistics Service.

    ACTION: Notice and request for stakeholder input.


    SUMMARY: The National Agricultural Statistics Service (NASS) is currently accepting stakeholder feedback in the form of content requests for the 2010 Census of Aquaculture. This census is required by law under the "Census of Agriculture Act of 1997,'' Public Law No. 105-113 (7 U.S.C. 2204g).

    DATES: Comments on this notice must be received by September 25, 2009 to be assured consideration.

    ADDRESSES: Requests must address items listed in comments section below.

    Please submit requests online at: http://www.agcensus.usda.gov/follow-ons or via mail to: USDA-NASS, Census Content Team, 1400 Independence Ave., SW., Rm. 5340, MS 2021, Washington, DC 20250.

    If you have any questions send an e-mail to aginputcounts@nass.usda.gov or call 1-800-727-9540.

    FOR FURTHER INFORMATION OR COMMENTS CONTACT: Joseph T. Reilly, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture, (202) 720-4333.

    http://edocket.access.gpo.gov/2009/E9-19347.htm

  • Commerce

  • Atlantic Highly Migratory Species; Atlantic Shark Management Measures; Amendment 3

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

    ACTION: Proposed rule; extension of comment period.


    SUMMARY: In order to provide additional opportunities for the public, all five Atlantic Regional Fishery Management Councils, the Atlantic and Gulf States Marine Fisheries Commissions, and other interested parties to comment on the proposed rule for draft Amendment 3 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP), NMFS is extending the comment period for this action. On July 24, 2009, NMFS published the proposed rule for draft Amendment 3 to the 2006 Consolidated HMS FMP. In that proposed rule, the end of the comment period was announced as September 22, 2009, which would allow for a 60-day comment period on the proposed rule. NMFS is now extending the comment period until September 25, 2009 to accommodate two public hearings scheduled on September 22, 2009, and the New England Fishery Management Council meeting September 22 24, 2009. Comments received by NMFS on the proposed rule will help NMFS determine final management measures for small coastal sharks, shortfin mako sharks, and smooth dogfish as described in draft Amendment 3 to the Consolidated HMS FMP.

    DATES: The deadline for comments on the proposed rule for draft Amendment 3 to the Consolidated HMS FMP has been extended from September 22, 2009, as published on July 24, 2009 (74 FR 36892), to 5 p.m. on September 25, 2009.

    ADDRESSES: As published on July 24, 2009 (74 FR 36892), written comments on this action should be sent to Karyl Brewster-Geisz, Highly Migratory Species Management Division, by any of the following methods:

    Mail: 1315 East-West Highway, Silver Spring, MD 20910. Please mark the outside of the envelope "Shark Amendment 3 Comments."

    Fax: (301) 713-1917.

    Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov.

    Instructions: All comments received are a part of the public record and will generally be posted to Portal http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.

    NMFS will accept anonymous comments (enter "n/a" in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

    Copies of the draft Amendment 3 to the Consolidated HMS FMP, including the Draft Environmental Impact Statement, the latest shark stock assessments, and other documents relevant to this rule are available from the Highly Migratory Species Management Division website at www.nmfs.noaa.gov/sfa/hms or by contacting LeAnn Southward Hogan at 301-713-2347.

    FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or LeAnn Southward Hogan at (301) 713-2347, or Jackie Wilson at (240) 338-3936.

    http://edocket.access.gpo.gov/2009/E9-19095.htm

  • Endangered and Threatened Species; Initiation of a Status Review for the Humpback Whale and Request for Information

    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic andAtmospheric Administration, Commerce.

    ACTION: Notice of initiation of a status review; request for information.


    SUMMARY: The National Marine Fisheries Service (NMFS) announces a status review of the humpback whale (Megaptera novaeangliae) under the Endangered Species Act of 1973 (ESA). A status review is a periodic undertaking conducted to ensure that the listing classification of a species is accurate. A status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on the all humpback whale populations in all waters worldwide that has become available since the last humpback whale status review in 1999. Based on the results of this review, we will make the requisite findings under the ESA.

    DATES: To allow us adequate time to conduct these reviews, we must receive your information no later than October 13, 2009. However, we will continue to accept new information about any listed species at any time.

    ADDRESSES: You may submit comments, identified by the code 0648-XQ74, addressed to Shannon Bettridge by any of the following methods:

    1. Electronic Submissions: Submit all electronic comments via the Federal eRulemaking Portal http://www.regulations.gov.

    2. Facsimile (fax): 301-713-0376, Attn: Shannon Bettridge.

    3. Mail: Shannon Bettridge, National Marine Fisheries Service, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910.

    FOR FURTHER INFORMATION CONTACT: Shannon Bettridge at the above address, or at 301-713-2322.

    http://edocket.access.gpo.gov/2009/E9-19336.htm

  • Marine Protected Areas Federal Advisory Committee; Public Meeting

    AGENCY: National Ocean Service, NOAA, Department of Commerce.

    ACTION: Notice of open meeting


    SUMMARY: Notice is hereby given of a meeting of the Marine Protected Areas Federal Advisory Committee (Committee) in Anchorage. Alaska.

    DATES: The meeting will be held Wednesday, September 9, 2009, from 9 a.m. to 5:30 p.m., Thursday, September 10, from 8:30 a.m. to 5 p.m., and Friday, September 11, from 8:30 am. to 4:30 p.m. These times and the agenda topics described below are subject to change. Refer to the Web page listed below for the most up-to-date meeting agenda.

    ADDRESSES: The meeting will be held at the Hilton Anchorage, 500 West Third Avenue, Anchorage, Alaska.

    FOR FURTHER INFORMATION CONTACT: Lauren Wenzel, Designated Federal Officer, MPA FAC, National Marine Protected Areas Center, 1305 East West Highway. Silver Spring, Maryland 20910. (Phone: 301-713-3100 x136. Fax: 301-713-3110); e-mail: lauren.wenzel@noaa.gov; or visit the National MPA Center Web site at http://www.mpa.gov).

    http://edocket.access.gpo.gov/2009/E9-19286.htm

  • Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures

    ACTION: Proposed collection; comment request.


    SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the revision of a continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

    DATES: Written comments must be submitted on or before October 13, 2009.

    ADDRESSES: You may submit comments by any of the following methods:

    E-mail: Susan.Fawcett@uspto.gov. Include A0651-0024 comment@ in the subject line of the message.

    Fax: 571-273-0112, marked to the attention of Susan K. Fawcett.

    Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Administrative Management Group, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

    Federal Rulemaking Portal: http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Robert A. Clarke, Director, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7735; or by e-mail to Robert.Clarke@uspto.gov.

    http://edocket.access.gpo.gov/2009/E9-19179.htm

  • Defense

  • Proposed Suspension and Modification of Nationwide Permit 21

    AGENCY: United States Army Corps of Engineers, Department of Defense,

    ACTION: Notice; extension of comment period.


    SUMMARY: In the July 15, 2009, issue of the Federal Register (74 FR 34311) the U.S. Army Corps of Engineers published a proposal to take two actions concerning Nationwide Permit 21, which authorizes discharges of dredged or fill material into waters of the United States for surface coal mining activities. The two proposed actions are to suspend NWP 21 to prohibit its use to authorize surface coal mining activities in the Appalachian region of Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia, and then to modify NWP 21 to make that prohibition permanent until NWP 21 expires on March 18, 2012. The July 15, 2009, notice stated that public comments and any requests for a public hearing must be received by August 14, 2009. We have received several requests to extend the comment period. We are extending the comment period to September 14, 2009.

    DATES: Comments must be received by September 14, 2009.

    ADDRESSES: You may submit comments, identified by docket number COE- 2009-0032, by any of the following methods:

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

    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (Attn: Ms. Desiree Hann), 441 G Street, NW., Washington, DC 20314-1000.

    Hand Delivery/Courier: Due to security requirements, we cannot receive comments by hand delivery or courier.

    We will not accept e-mailed or faxed comments. We will post all comments on http://www.regulations.gov under docket number COE-2009- 0032.

    FOR FURTHER INFORMATION CONTACT: Ms. Desiree Hann or Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC. Ms. Hann can be reached at 202-761-4560 and Mr. Olson can be reached at 202-761-4922.

    http://edocket.access.gpo.gov/2009/E9-19446.htm

  • Energy

  • Biomass Research and Development Technical Advisory Committee

    AGENCY: Department of Energy, Office of Energy Efficiency and Renewable Energy.

    ACTION: Notice of open meeting.


    SUMMARY: This notice announces an open meeting of the Biomass Research and Development Technical Advisory Committee under Section 9008(d) of the Food, Conservation, and Energy Act of 2008. The Federal Advisory Committee Act (Pub. L. 2-463, 86 Stat. 770) requires that agencies publish these notices in the Federal Register to allow for public participation. This notice announces the meeting of the Biomass Research and Development Technical Advisory Committee.

    Dates and Times: September 15, 2009 at 8 a.m. to 12:30 p.m.; September 16, 2009 at 8 a.m. to 3 p.m.

    ADDRESSES: Crowne Plaza, Old Town Alexandria, Washington Room, 901 North Fairfax, Alexandria, VA 22314.

    FOR FURTHER INFORMATION CONTACT: Laura Neal, Designated Federal Official for the Committee, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585; (202) 586-7766; E-mail: laura.neal@ee.doe.gov or T.J. Heibel at (410) 997-7778 ext. 223; E-mail: theibel@bcs-hq.com.

    http://edocket.access.gpo.gov/2009/E9-19053.htm

  • Health and Human Services

  • National Center for Research Resources; Notice of Meeting

    DEPARTMENT OF HEALTH AND HUMAN SERVICES

    National Institutes of Health

    National Center for Research Resources; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory Research Resources Council.

    The meeting will be open to the public as indicated below, 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.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Research Resources Council.

    Date: September 15, 2009.

    Open: 8 a.m. to 12 p.m.

    Agenda: Report from the NCRR Director and other Council business.

    Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Room 6, Bethesda, MD 20892.

    Closed: 1 p.m. to 4 p.m.

    Agenda: To review and evaluate grant applications and/or proposals.

    Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Room 6, Bethesda, MD 20892.

    Contact Person: Louise E. Ramm, PhD, Deputy Director, National Center for Research Resources, National Institutes of Health, Building 31, Room 3B11, Bethesda, MD 20892. 301-496-6023. louiser@ncrr.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.ncrr.nih.gov/newspub/minutes.htm, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research; 93.371, Biomedical Technology; 93.389, Research Infrastructure, 93.306, 93.333; 93.702, ARRA Related Construction Awards, National Institutes of Health, HHS).

    http://edocket.access.gpo.gov/2009/E9-19215.htm

  • Office of Critical Path Programs--Critical Path Initiative

    AGENCY: Food and Drug Administration, HHS.

    ACTION: Notice.


    SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of grant funds for the support of Office of Critical Path Programs (OCPP). The goal of OCPP is to develop an administrative and scientific infrastructure to support the creation and execution of a series of projects under the FDA's Critical Path Initiative.

    DATES: Important dates are as follows: 1. The application due date is September 7, 2009. 2. The anticipated start date is in September 2009. 3. The opening date is August 10, 2009. 4. The expiration date is September 8, 2009.

    FOR FURTHER INFORMATION AND ADDITIONAL REQUIREMENTS CONTACT:

    Nancy Stanisic, Office of Critical Path Programs (HF-18), rm. 14B45, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1660.

    Gladys M. Bohler, Grants Management Specialist, Office of Acquisitions and Grants Services (HFA-500), Food and Drug Administration, 5630 Fishers Lane, rm. 2105, Rockville, MD 20857, 301- 827-7168.

    For more information on this funding opportunity announcement (FOA) and to obtain detailed requirements, please refer to the full FOA located at http://www.fda.gov/oc/initiatives/criticalpath/.

    http://edocket.access.gpo.gov/2009/E9-19010.htm

  • The National Biodefense Science Board (NBSB), a Federal Advisory Committee to the Secretary; Request for Public Comment

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

    ACTION: Request for public comment.


    SUMMARY: The U.S. Department of Health and Human Services is hereby giving notice that the National Biodefense Science Board (NBSB) Medical Countermeasure Markets and Sustainability Working Group is requesting public comment to their working document, "Inventory of Issues Constraining or Enabling Industry Involvement in Medical Countermeasure Efforts''. The inventory (or grid) includes factors that may discourage industry involvement or partnering with the U.S. Government in medical countermeasure development efforts, reported constraints to industry involvement, and potential solutions for relief from a particular constraint. The inventory has been catalogued by financial, legislative, scientific, human capital, regulatory, and societal elements. The Working Group wishes to solicit comment, feedback, and guidance from members of industry, other government agencies, and the public at large for consideration by the Working Group to strengthen and refine the document prior to its public presentation to the NBSB at the scheduled Fall 2009 public meeting of the Board.

    DATES: The public is asked to submit comments by October 30, 2009, to the NBSB e-mail box (NBSB@hhs.gov) in order to be considered by the Working Group in preparing the final document.

    ADDRESSES: Availability of Materials: Requests for a copy of the Inventory and accompanying "Comment Revision Form'' should be made to the NBSB's e- mail box at NBSB@hhs.gov with "M&S-WG Inventory Request'' in the subject line. All comments and/or recommendations for improvement to the Inventory should be made on the "Comment Revision Form'' enclosed with the inventory document.

    Procedures for Providing Public Input: Interested members of the public may submit written comments and/or suggestions, using the "Comment Revision Form,'' to the NBSB's e-mail box at NBSB@hhs.gov, with "M&S-WG Inventory Comments'' in the subject line and should be received no later than October 30, 2009. Individuals providing comment or suggestions will be asked to provide their name, title, and organization. All comments received will be posted without change to http://www.hhs.gov/aspr/omsph/nbsb/, including any personal or commercial information provided.

    FOR FURTHER INFORMATION, CONTACT: Donald Malinowski, M.Sc., HHS/ASPR/ NBSB, 330 C St., SW., 5118, Washington, DC 20201, 202-205- 4761, donald.malinowski@hhs.gov.

    http://edocket.access.gpo.gov/2009/E9-19199.htm

  • Interior

  • Endangered and Threatened Wildlife and Plants; Listing Seven Brazilian Bird Species as Endangered Throughout Their Range

    AGENCY: Fish and Wildlife Service, Interior.

    ACTION: Proposed rule.


    SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to list the following seven Brazilian bird species and subspecies (collectively referred to as "species'' for purposes of this proposed rule) as endangered under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.): black-hooded antwren (Formicivora erythronotos), Brazilian merganser (Mergus octosetaceus), cherry-throated tanager (Nemosia rourei), fringe-backed fire-eye (Pyriglena atra), Kaempfer's tody-tyrant (Hemitriccus kaempferi), Margaretta's hermit (Phaethornis malaris margarettae), and southeastern rufous-vented ground-cuckoo (Neomorphus geoffroyi dulcis). This proposal, if made final, would extend the Act's protection to these species. The Service seeks data and comments from the public on this proposed rule.

    DATES: We will accept comments received or postmarked on or before October 13, 2009. We must receive requests for public hearings, in writing, at the address shown in the FOR FURTHER INFORMATION CONTACT section by September 28, 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: FWS-R9-IA-2009-0028; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203.

    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: Douglas Krofta, Chief, Branch of Listing, Endangered Species Program, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203; telephone 703- 358-2105; facsimile 703-358-1735. 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/E9-18691.htm

  • National Science Foundation

  • Advisory Committee For Biological Sciences; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L., 92- 463, as amended), the National Science Foundation announces the following meeting:

    Name: Advisory Committee for Biological Sciences (BIO) 1110.

    Date and Time: September 10, 2009--8:30 a.m.-5 p.m., September 11, 2009--8:30 a.m.-3 p.m.

    Place: National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230, Room 375.

    Type of Meeting: Open.

    Contact Person: Dr. Joann Roskoski, Executive Officer, Biological Sciences, Room 605, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230; Tel No.: (703) 292-8400.

    Minutes: May be obtained from the contact person listed above.

    Purpose of Meeting: The Advisory Committee for BIO provides advice, recommendations, and oversight concerning major program emphases, directions, and goals for the research-related activities of the divisions that make up BIO.

    Agenda:

    Assistant Director, BIO reports on the American

    Recovery and Reinvestment Act and FY'09 Budget.

    Undergraduate Education in Biology.

    Environmental Research and Education Report.

    National Ecological Observatory Network Report.

    http://edocket.access.gpo.gov/2009/E9-19475.htm

  • Advisory Committee for Environmental Research and Education; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92- 463, as amended), the National Science Foundation announces the following meeting:

    Name: Advisory Committee for Environmental Research and Education (9487).

    Dates: September 9, 2009, 9 a.m.-5 p.m. and September 10, 2009, 9 a.m.-1 p.m.

    Place: Stafford I, Room 1235, National Science Foundation, 4201 Wilson Blvd., Arlington, Virginia 22230.

    Type of Meeting: Open.

    Contact Person: Alan Tessier, National Science Foundation, Suite 635, 4201 Wilson Blvd, Arlington, Virginia 22230. Phone 703-292- 7198.

    Minutes: May be obtained from the contact person listed above.

    Purpose of Meeting: To provide advice, recommendations, and oversight concerning support for environmental research and education.

    Agenda

    September 9

    Introduction of New Members.

    Update on recent NSF environmental activities.

    Public release of the Committee's report: Transitions and Tipping

    Points in Complex Environmental Systems.

    Discussion with Dr. Arden L. Bement, NSF Director.

    September 10

    Discussion of Future AC/ERE activities.

    http://edocket.access.gpo.gov/2009/E9-19476.htm