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Federal Register Summary for week of 12 December


  • Science and Technology Directorate; Notice of Availability of the Final Environmental Impact Statement for the Proposed National Bio and Agro-Defense Facility

    AGENCY: Science and Technology Directorate (Office of National Laboratories within the Office of Research), DHS; Department of Agriculture (USDA).

    ACTION: Notice of availability.

    SUMMARY: The U.S. Department of Homeland Security (DHS) announces the availability of its National Bio and Agro-Defense Facility Final Environmental Impact Statement (NBAF Final EIS). This announcement is pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, and its implementing regulations at 40 CFR parts 1500-1508. The Proposed Action to site, construct, and operate the National Bio and Agro-Defense Facility (NBAF) would allow researchers to develop tests to detect foreign animal diseases and zoonotic diseases (transmitted from animals to humans) and develop vaccines (or other countermeasures such as antiviral therapies) to protect agriculture and food systems in the United States. The NBAF would enhance U.S. biodefense capabilities with modern and integrated high-security (biosafety levels 3 and 4) facilities that would ensure U.S.

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    vulnerabilities and risks from agro-terrorism are safely addressed. DHS anticipates that the proposed NBAF would focus biosafety level 3 agricultural (BSL-3Ag) research on African swine fever, classical swine fever, contagious bovine pleuropneumonia, foot and mouth disease, Japanese encephalitis, and Rift Valley fever; BSL-4 research would address Hendra and Nipah viruses.

    DATES: DHS will consider comments on the NBAF Final EIS, received by January 12, 2009, to determine whether they identify new information relevant to environmental concerns bearing upon the Preferred Alternative.

    ADDRESSES: The NBAF Final EIS, which includes the Executive Summary and the Comment Response Document, is available online at http:// and in designated reading rooms (see SUPPLEMENTARY INFORMATION). Compact disks and paper copies are available upon written request via e-mail or U.S. mail. Submit written comments on the NBAF Final EIS to or via mail: NBAF Program Manager; P.O. Box 2188; Germantown, MD 20875-2188. Individual names and addresses (including e-mail addresses) received as part of comment documents on the NBAF Final EIS will be part of the public record and subject to disclosure. Any person wishing to have his/her name, address, or other identifying information withheld from public release must state this request in the comment document. DHS will consider all comments received before the Record of Decision is signed.

    FOR FURTHER INFORMATION CONTACT: Questions regarding the NBAF Final EIS should be directed to James V. Johnson DHS; Science and Technology Directorate; Mail Stop 2100; 245 Murray Lane, SW.; Building 410; Washington, DC 20528-0300 or e-mail to

  • Submission for OMB Review; Comment Request; CSREES Proposal Review Process

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Pamela--Beverly--OIRA;--

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    Submission@OMB.EOP.GOV or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250- 7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Cooperative State Research, Education, and Extension Service

    Title: CSREES Proposal Review Process.

    OMB Control Number: 0524-0041.

    Summary of Collection: The Cooperative State Research, Education, and Extension Service (CSREES) is responsible for performing a review of proposals submitted to CSREES competitive awards programs in accordance with section 103(a) of the Agricultural Research, Extension, and Education Reform Act, of 1998, 7 U.S.C. 7613(a). Reviews are undertaken to ensure that projects supported by CSREES are of high quality and are consistent with the goals and requirements of the funding program. Proposals submitted to CSREES undergo a programmatic evaluation to determine worthiness of Federal support. The evaluations consist of a peer panel review and may also entail an assessment by Federal employees. CSREES will collect information using the ``Proposal Review Sheet'' or the "Reviewer Worksheet'', and a Reviewer Questionnaire.

    Need and Use of the Information: The collected information from the evaluations is used to support CSREES grant programs. CSREES uses the results of each proposal to determine whether a proposal should be declined or recommended for award. If this information is not collected, it would be difficult for a review panel and CSREES staff to determine which projects warrant funding, or identify appropriate qualified reviewers. In addition, Federal grants staff and auditors could not assess the quality or integrity of the review, and the writer of the application would not benefit from any feedback on why the application was funded or not.

    Description of Respondents: Not-for-profit institutions; Business or other for-profit; Individuals or households; Federal Government; State, Local or Tribal Government; Farms.

    Number of Respondents: 12,600.

    Frequency of Responses: Reporting: On occasion; Annually.

    Total Burden Hours: 78,650.

  • Commerce

  • Ernest F. Hollings Undergraduate Scholarship Program

    AGENCY: Office of Education (OEd), Office of the Undersecretary of Commerce for Oceans and Atmosphere (USEC), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION: Notice of Scholarship Opportunity.

    SUMMARY: NOAA announces the Ernest F. Hollings Scholarship Program for FY 2009, and sets forth eligibility criteria and selection guidelines for the program. The Ernest F. Hollings Scholarship Program was established through the Consolidated Appropriations Act, 2005 (Pub. L. 108-447). This Scholarship Program will provide approximately 100 undergraduate applicants selected for the program with scholarships to participate in oceanic and atmospheric science, research, technology, and education. There is no guarantee that funds will be available to make awards to all qualified applicants.

    DATES: Completed applications must be received by January 30, 2009, at 5 p.m. eastern standard time.

    ADDRESSES: Applications for the Ernest F. Hollings Scholarship Program will be available at If an applicant does not have Internet access, hardcopy applications may be requested by contacting NOAA Office of Education, Hollings Scholarship Program, 1315 East-West Highway, Room 10703, Silver Spring, Maryland 20910.

    FOR FURTHER INFORMATION CONTACT: NOAA Hollings Scholarship at or call 301-713-9437 x150.

  • Environmental Protection Agency

  • Board of Scientific Counselors, National Center for Environmental Research Standing Subcommittee Meeting--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 (EPA), Office of Research and Development (ORD), gives notice of a meeting of the Board of Scientific Counselors (BOSC) National Center for Environmental Research Subcommittee (NCER).

    DATES: The meeting (teleconference call) will be held on Monday, January 12, 2009 from 1 p.m. to 3 p.m. Eastern Standard Time. The meeting may adjourn early if all business is finished. Requests for the draft agenda or for making an oral presentation at the conference calls will be accepted up to one business day before the meeting.

    ADDRESSES: Participation in the meeting will be by teleconference only--a meeting room will not be used. Members of the public may obtain the call-in number and access code for the call from Susan Peterson, the Designated Federal Officer, whose contact information is listed under the FOR FURTHER INFORMATION CONTACT section of this notice. Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2007-0484, by one of the following methods: Follow the on-line instructions for submitting comments. E-mail: Send comments by electronic mail (e-mail) to:, Attention Docket ID No. EPA-HQ-ORD-2007-0484. Fax: Fax comments to: (202) 566-0224, Attention Docket ID No. EPA-HQ-ORD-2007-0484. Mail: Send comments by mail to: Board of Scientific Counselors, NCER Standing Subcommittee--2009 Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-ORD-2007-0484. 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-2007- 0484. Note: This is not a mailing address. Such deliveries are only accepted during the docket's normal hours of operation, and

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    special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD- 2007-0484. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at, 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:// or e-mail. The 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, 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 epahome/dockets.htm. Docket: All documents in the docket are listed in the http:// 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 or in hard copy at the Board of Scientific Counselors, NCER Standing Subcommittee--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.

    FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via mail at: Susan Peterson, Mail Code 8104-R, Office of Science Policy, Office of Research and Development, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice mail at: (202) 564-1077; via fax at: (202) 565-2911; or via e-mail at:

  • Interior

  • Endangered and Threatened Wildlife and Plants; Review of Native Species That Are Candidates for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions; Proposed Rule

    AGENCY: Fish and Wildlife Service, Interior.

    ACTION: Notice of review.

    SUMMARY: In this Candidate Notice of Review (CNOR), we, the U.S. Fish and Wildlife Service (Service), present an updated list of plant and animal species native to the United States that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended. Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and resource managers to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if we subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting candidate conservation measures to alleviate threats to the species.

    The CNOR summarizes the status and threats that we evaluated in order to determine that species qualify as candidates and to assign a listing priority number (LPN) to each species, or to remove species from candidate status. Additional material that we relied on is available in the Species Assessment and Listing Priority Assignment Forms (species assessment forms, previously called candidate forms) for each candidate species.

    Overall, this CNOR recognizes 1 new candidate, changes the LPN for 11 candidates, and removes 2 species from candidate status. Combined with other decisions for individual species that were published separately from this CNOR in the past year, the current number of species that are candidates for listing is 251.

    This document also includes our findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants during the period September 30, 2007, through September 30, 2008.

    We request additional status information that may be available for the 251 candidate species identified in this CNOR.

    DATES: We will accept information on this Candidate Notice of Review at any time.

    ADDRESSES: This notice is available on the Internet at http://, and index.html. Species assessment forms with information and references on a particular candidate species' range, status, habitat needs, and listing priority assignment are available for review at the appropriate Regional Office listed below in SUPPLEMENTARY INFORMATION or at the Branch of Candidate Conservation, Arlington, VA (see address below), or on our Internet website ( index.html). Please submit any new information materials, comments, or questions of a general nature on this notice to the Arlington, VA, address listed below. Please submit any new information, materials, comments, or questions pertaining to a particular species to the address of the Endangered Species Coordinator in the appropriate Regional Office listed in SUPPLEMENTARY INFORMATION.

    FOR FURTHER INFORMATION CONTACT: The Endangered Species Coordinator(s) in the appropriate Regional Office(s) or Chief, Branch of Candidate Conservation, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203 (telephone 703-358-2105; facsimile 703- 358-1735). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877- 8339.

  • Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Gray Wolf in the Western Great Lakes and Northern Rocky Mountains in Compliance With Court Orders

    AGENCY: Fish and Wildlife Service, Interior.

    ACTION: Final rule.

    SUMMARY: We, the U.S. Fish and Wildlife Service (Service) are issuing this final rule to comply with three court orders which have the effect of reinstating the regulatory protections under the Endangered Species Act of 1973, as amended (ESA), for the gray wolf (Canis lupus) in the western Great Lakes and the northern Rocky Mountains. This rule corrects the gray wolf listing at 50 CFR 17.11 to reinstate the listing of wolves in all of Wisconsin and Michigan, the eastern half of North Dakota and South Dakota, the northern half of Iowa, the northern portions of Illinois and Indiana, the northwestern portion of Ohio, the northern half of Montana, the northern panhandle of Idaho, the eastern third of Washington and Oregon, and in north-central Utah as endangered, and reinstate the listing of wolves in Minnesota as threatened. This rule also reinstates the former designated critical habitat in 50 CFR 17.95(a) for gray wolves in Minnesota and Michigan, special regulations in 50 CFR 17.40(d) for the gray wolf in Minnesota, and special rules in 50 CFR 17.84 designating the gray wolf in the remainder of Montana and Idaho and all of Wyoming as nonessential experimental populations.

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    This action revises the CFR to comply with three court orders. In addition, this final rule takes additional administrative action that removes archaic provisions from the gray wolf special regulation at 50 CFR 17.84(i) and makes corrections to the gray wolf special regulation at Sec. 17.84(n) by removing language referring to a Western DPS.

    DATES: This action is effective December 11, 2008. However, the court orders had legal effect immediately upon their filing on July 18, 2008, September 29, 2008, and October 14, 2008.

    ADDRESSES: This final rule is available on the Internet at http:// It will also be available for inspection, by appointment, during normal business hours at U.S. Fish and Wildlife Service, Office of the Western Gray Wolf Recovery Coordinator, 585 Shepard Way, Helena, Montana 59601. Call 406-449-5225 to make arrangements. It will also be available for inspection, by appointment, during normal business hours at U.S. Fish and Wildlife Service, 1 Federal Drive, Fort Snelling, Minnesota 55111. Call 612-713-5350 to make arrangements.

    FOR FURTHER INFORMATION CONTACT: For information on wolves in the northern Rocky Mountains contact Edward E. Bangs, Western Gray Wolf Recovery Coordinator, U.S. Fish and Wildlife Service, at our Helena office (see ADDRESSES) or telephone 406-449-5225, extension 204. For information on wolves in the western Great Lakes, contact Laura Ragan, Regional Listing Coordinator, U.S. Fish and Wildlife Service, at our Fort Snelling, Minnesota Regional Office (see ADDRESSES) or telephone 612-713-5350. Individuals who are hearing-impaired or speech-impaired may call the Federal Relay Service at 1-800-877-8337 for TTY assistance.

  • Meeting Announcement: North American Wetlands Conservation Council

    AGENCY: Fish and Wildlife Service, Interior.

    ACTION: Notice of meeting.

    SUMMARY: The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public, and interested persons may present oral or written statements.

    DATES: Council Meeting: December 9, 2008, 1-3 p.m.

    ADDRESSES: The meeting will be held at the Ballston Station Building, 4301 North Fairfax Drive, Arlington, VA 22203. (The meeting room is on the west side of building; use the entrance on North Utah Street.)

    FOR FURTHER INFORMATION CONTACT: Mike Johnson, Council Coordinator, by phone at (703) 358-1784; by e-mail at; or by U.S. mail at U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Mail Stop MBSP 4501-4075, Arlington, VA 22203.

  • Importation, Exportation, and Transportation of Wildlife; Inspection Fees, Import/Export Licenses, and Import/Export License Exemptions

    AGENCY: Fish and Wildlife Service, Interior.

    ACTION: Final rule.

    SUMMARY: We, the U.S. Fish and Wildlife Service (Service), publish this final rule to revise subpart I--Import/Export Licenses, of title 50 of the Code of Federal Regulations, part 14 (50 CFR 14), to clarify the import/export license and fee requirements, adjust the inspection fee schedule, and update license and inspection fee exemptions. We are clarifying when an import/export license is required by persons who engage in the business of importing and exporting wildlife as well as changing the license requirement exemptions. Revised regulations will help those importing and exporting wildlife better understand when an import/export license is required and will allow us to consistently apply these requirements. We are gradually increasing inspection fees, and now publishing the changes for 2008 through 2012. We determined that these inspection fees must be adjusted every year to cover the increased cost of providing inspection services. Because we are publishing these inspection fee changes now, importers and exporters can accurately predict the costs of importing and exporting wildlife several years in advance.

    DATES: This final rule is effective January 8, 2009.

    FOR FURTHER INFORMATION CONTACT: Kevin Garlick, Special Agent in Charge, Branch of Investigations, Office of Law Enforcement, U.S. Fish and Wildlife Service, telephone (703) 358-1949, fax (703) 358-1947.

  • Multistate Conservation Grant Program; Priority List for Conservation Projects

    AGENCY: Fish and Wildlife Service, Department of the Interior.

    ACTION: Notice of receipt of priority list.

    SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), announce the FY 2009 priority list of wildlife and sport fish conservation projects from the Association of Fish and Wildlife Agencies (AFWA). As required by the Wildlife and Sport Fish Restoration Programs Improvement Act of 2000, AFWA submits a list of projects to us each year to consider for funding under the Multistate Conservation Grant program. We then review and award grants from this list.

    ADDRESSES: John C. Stremple, Multistate Conservation Grants Program Coordinator, Division of Federal

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    Assistance, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Mail Stop MBSP-4020, Arlington, Virginia 22203.

    FOR FURTHER INFORMATION CONTACT: John C. Stremple, (703) 358-2156 (phone) or (e-mail).