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Federal Register Summary for week of 8 January


  • Availability of Seats for the Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council

    AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration, Department of Commerce (DOC).

    ACTION: Notice and request for applications.

    SUMMARY: The ONMS is seeking applications for both primary and alternate members of the following seats on its Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council (council): Native Hawaiians, Fishing, Education, Research, Honolulu County, Hawaii County, Maui County, and Kauai County. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary.

    Additionally, for the first time, the ONMS is seeking to fill a non-voting youth/student seat and alternate seat to represent the youth segment of the community, defined as ages 14-17. The interest and enthusiasm of youth under the age of 18 is very important to the sanctuary; these students are our future generation of ocean stewards and leaders. The ONMS wishes to foster and facilitate these links with youth in sanctuary communities and has added a non-voting youth seat to the advisory council. Applicants who are chosen as members should expect to serve 2-year terms, pursuant to the Council's Charter.

    DATES: Applications are due by January 31, 2010.

    ADDRESSES: Application kits may be obtained from Joseph Paulin, 6600 Kalanianaole Hwy, Suite 301, Honolulu, HI 96825 or Completed applications should be sent to the same address. Applications are also available on line at

    FOR FURTHER INFORMATION CONTACT: Naomi McIntosh, 6600 Kalanianaole Hwy, Suite 301, Honolulu, HI 96825 or or 808.397.2651.

  • Endangered and Threatened Species: Proposed Rule To Revise the Critical Habitat Designation for the Endangered Leatherback Sea Turtle

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

    ACTION: Proposed rule; request for comments.

    SUMMARY: We, the National Marine Fisheries Service (NMFS), propose revising the current critical habitat for the leatherback sea turtle (Dermochelys coriacea) by designating additional areas within the Pacific Ocean. Specific areas proposed for designation include two adjacent marine areas totaling approximately 46,100 square miles (119,400 square km) stretching along the California coast from Point Arena to Point Vincente; and one 24,500 square mile (63,455 square km) marine area stretching from Cape Flattery, Washington to the Umpqua River (Winchester Bay), Oregon east of a line approximating the 2,000 meter depth contour. The areas proposed for designation comprise approximately 70,600 square miles (182,854 square km) of marine habitat. Other Pacific waters within the U.S. Exclusive Economic Zone (EEZ) were evaluated based on the geographical area occupied by the species, but it was decided to exclude those areas from the critical habitat designation because the potential costs outweighed the benefits of critical habitat designation and exclusion would not result in the extinction of the species. We are soliciting comments from the public on all aspects of the proposal, including information on the economic, national security, and other relevant impacts. We will consider additional information received prior to making a final designation.

    DATES: Comments and information regarding this proposed rule must be received by March 8, 2010.

    ADDRESSES: You may submit comments, identified by RIN 0648-AX06, addressed to: David Cottingham, Chief, Marine Mammal and Sea Turtle Conservation Division, by any of the following methods:

    Electronic Submissions: Submit all electronic comments via the Federal eRulemaking Portal

    Facsimile (fax): 301-713-4060, Attn: David Cottingham.

    Mail: Chief, Marine Mammal and Sea Turtle Conservation Division, NMFS, Office of Protected Resources, 1315 East West Highway, Silver Spring, MD 20910.

    Instructions: No comments will be posted for public viewing until after the comment period has closed. All comments received are a part of the public record and will generally be posted to without change. NMFS may elect not to post comments that contain obscene or threatening content. 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). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. The proposed rule, list of references and supporting documents, including the biological report, economic report, IRFA analysis, and 4(b)(2) report, are also available electronically at

    FOR FURTHER INFORMATION CONTACT: Sara McNulty, NMFS, Office of Protected Resources, 301-713-2322; Elizabeth Petras, NMFS Southwest Region, 562-980-3238; Steve Stone, NMFS Northwest Region, 503-231-2317.

  • FY 2010-FY 2011 Broad Agency Announcement

    AGENCY: Office of Finance and Administration (NFAPO), Office of Finance and Administration (NFA), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION: Notice of funding availability.

    SUMMARY: The purpose of this Broad Agency Announcement (BAA) is to request proposals for special projects and programs associated with the Agency's strategic plan and mission goals, as well as to provide the general public with information and guidelines on how NOAA will select proposals and administer discretionary Federal assistance for Fiscal Year 2010, Fiscal Year 2011 and Fiscal Year 2012. This BAA is a mechanism to encourage research, education and outreach, innovative projects, or sponsorships that are not addressed through our competitive discretionary programs; it is not a mechanism for awarding congressionally directed funds.

    DATES: NOAA will accept full applications until to 5 p.m. Eastern Daylight Time September 30, 2011. Applications received after this time will not be reviewed or considered for funding.

    ADDRESSES: Electronic application packages are strongly encouraged and are available through and can be searched for using Funding Opportunity Number NOAA-NFA-NFAPO-2010-2002272. 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 to apply even if you are not ready to submit your proposal. For those applicants without Internet access, application forms can be acquired by contacting the individuals listed under the FOR FURTHER INFORMATION CONTACT section.


    National Environmental Satellite Data Information Service (NESDIS): Ingrid Guch, 301-763-8282 Hqtr. Route: E/RA1 Bldg: WWBG RM: 701 5200 Auth RD Camp Springs MD 20746-4304.

    National Marine Fisheries Service (NMFS): Daniel Namur, 301-713- 1364,. Hqtr. Route: F/MB2 Bldg: SSMC3, Rm: 14358, 1315 East-West Hwy, Silver Spring, MD 20910-3282.

    National Ocean Service (NOS): Jane Piercy, 301-713-3050, Hqtr. Route: N/MB3 Bldg: SSMC4 Rm: 13250, 1305 East-West Hwy, Silver Spring, MD 20910-3281.

    National Weather Service (NWS): Sam Contorno, 301-713-3557, NWS Hqtr Route: W/CFO2, Bldg: SSMC2, Rm: 18394, 1325 East-West Hwy, Silver Spring, MD 20910.

    Office of Atmospheric Research (OAR): Sharon Schroeder, 301-713- 2474, Hqrt. Route: R/OM61, Bldg: SSMC3, Rm: 11464, 1315 East-West Hwy, Silver Spring, MD 20910-3282.

    NOAA Office of Education (OED): Sarah Schoedinger, 704-370-3528, Bldg: HCHB Room: 6863, 1401 Constitution Ave., NW., Washington, DC 20230-0001.

  • Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States

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

    ACTION: Final rule.

    SUMMARY: NMFS is modifying the Northeast (NE) Region experimental fishing regulations to authorize the NMFS NE Regional Administrator (RA), or the RA's designee, to issue a Letter of Authorization (LOA) to eligible researchers on board federally permitted fishing vessels that plan to temporarily possess fish in a manner not compliant with applicable fishing regulations for the purpose of collecting scientific data on catch.

    DATES: This final rule is effective on February 8, 2010.

    ADDRESSES: Copies of the Regulatory Impact Review (RIR) are available upon request from Patricia A. Kurkul, Regional Administrator, NMFS, NE Regional Office, 55 Great Republic Drive, Gloucester, MA 01930.

    FOR FURTHER INFORMATION CONTACT: Ryan Silva, Cooperative Research Liaison, phone (978) 281-9326, fax (978) 281-9135.

  • Nomination of Existing Marine Protected Areas to the National System of Marine Protected Areas

    AGENCY: NOAA, Department of Commerce (DOC).

    ACTION: Public notice and opportunity for comment on the list of nominations received from Federal, State and territorial marine protected area programs to join the National System of Marine Protected Areas.

    SUMMARY: NOAA and the Department of the Interior (DOI) invited Federal, State, commonwealth, and territorial marine protected areas (MPA) programs with potentially eligible existing MPAs to nominate their sites to the National System of MPAs (national system). The national system and the nomination process are described in the Framework for the National System of Marine Protected Areas of the United States (Framework), developed in response to Executive Order 13158 on Marine Protected Areas. The final Framework was published on November 19, 2008, (73 FR 69608) and provides guidance for collaborative efforts among Federal, State, commonwealth, territorial, Tribal and local governments and stakeholders to develop an effective and well coordinated national system of MPAs that includes existing MPAs meeting national system criteria as well as new sites that may be established by managing agencies to fill key conservation gaps in important ocean areas.

    DATES: Comments on the nominations to the national system of MPAs are due February 22, 2010.

    ADDRESSES: Comments should be sent to Joseph A. Uravitch, National Oceanic and Atmospheric Administration, National Marine Protected Areas Center, 1305 East West Highway, N/ORM, Silver Spring, MD 20910. Fax: (301) 713-3110. E-mail: Comments will be accepted in written form by mail, e-mail, or fax.

    FOR FURTHER INFORMATION CONTACT: Lauren Wenzel, NOAA, at 301-713 3100, ext. 136 or via e-mail at An electronic copy of the list of nominated MPAs is available for download at

  • Environmental Protection Agency

  • Public Comment on Candidate National Enforcement and Compliance Assurance Priorities for Fiscal Years 2011-2013

    AGENCY: Environmental Protection Agency (EPA).

    ACTION: Notice of public comment Period.

    SUMMARY: The Environmental Protection Agency (EPA) is soliciting public comment and recommendations on enforcement and compliance national priorities to be addressed for fiscal years 2011-2013. EPA selects these priority areas every three years in order to focus federal resources on the most important environmental problems where noncompliance is a significant contributing factor.

    The U.S. Environmental Protection Agency, Office of Enforcement and Compliance Assurance is collecting external comment on the following preliminary set of national priority candidates for FY 2011-2013 listed on our Web site:

    This preliminary list is based on analysis of proposals received from states, EPA staff, tribes, and on-line public comments. Enforcement national priorities are not limited to those priority candidates on the above Web site and the public is invited to propose additional areas for consideration. Comments will be considered as part of the process EPA uses to identify and select enforcement and compliance national priorities. Final priority selection will be incorporated into the EPA Office of Enforcement and Compliance Assurance National Program Manager Guidance that provides national program direction for all EPA regional offices released in April 2010. EPA will consider these comments as it moves forward in the decision- making process, but will not respond to all comments received.

    DATES: Comments must be received on or before January 19, 2009.

    ADDRESSES: Information in support of this Notice of Public Comment is available via the Internet at:

    Submit your comments via, identified by Docket ID No. EPA-HQ-OECA-2009-0986; FRL-9098-3. Follow the on-line instructions for submitting comments.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA- 2009-0986. 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 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 can not 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 FURTHER INFORMATION CONTACT: Christopher Knopes, Director, National Planning, Measures, and Analysis Staff, Office of Enforcement and Compliance Assurance, Mail Code: M2221A, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-564-2337; fax number: 202-564-0027; e-mail address:

  • Executive Office of the President

  • 40th Anniversary of the National Environmental Policy Act, 2010

    Proclamation 8469 of December 31, 2009

    40th Anniversary of the National Environmental Policy Act, 2010

    By the President of the United States of America

    A Proclamation

    Forty years ago, the National Environmental Policy Act (NEPA) was signed into law with overwhelming bipartisan support, ushering in a new era of environmental awareness and citizen participation in government. NEPA elevated the role of environmental considerations in proposed Federal agency actions, and it remains the cornerstone of our Nation's modern environmental protections. On this anniversary, we celebrate this milestone in our Nation's rich history of conservation, and we renew our commitment to preserve our environment for the next generation.

    NEPA was enacted to "prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man.'' It established concrete objectives for Federal agencies to enforce these principles, while emphasizing public involvement to give all Americans a role in protecting our environment. It also created the Council on Environmental Quality to lead our Government's conservation efforts and serve as the President's environmental advisor.

    America's economic health and prosperity are inexorably linked to the productive and sustainable use of our environment. That is why NEPA remains a vital tool for my Administration as we work to protect our Nation's environment and revitalize our economy. The American Recovery and Reinvestment Act of 2009 reaffirmed NEPA's role in protecting public health, safety, and environmental quality, and in ensuring transparency, accountability, and public involvement in our Government.

    Today, my Administration will recognize NEPA's enactment by recommitting to environmental quality through open, accountable, and responsible decision making that involves the American public. Our Nation's long-term prosperity depends upon our faithful stewardship of the air we breathe, the water we drink, and the land we sow. With smart, sustainable policies like those established under NEPA, we can meet our responsibility to future generations of Americans, so they may hope to enjoy the beauty and utility of a clean, healthy planet.

    NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 1, 2010, as the 40th Anniversary of the National Environmental Policy Act. I call upon all executive branch agencies to promote public involvement and transparency in their implementation of the National Environmental Policy Act. I also encourage every American to learn more about the National Environmental Policy Act and how we can all contribute to protecting and enhancing our environment.

    IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of December, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty- fourth.

    (Presidential Sig.)

  • Health and Human Services

  • Clinical Laboratory Improvement Advisory Committee (CLIAC)

    In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the following committee meeting:

    Times and Dates:

    8:30 a.m.-5 p.m., February 9, 2010. 8:30 a.m.-3 p.m., February 10, 2010.

    Place: CDC, 1600 Clifton Road, NE., Tom Harkin Global Communications Center, Building 19, Room 232, Auditorium B, Atlanta, Georgia 30333.

    Online Registration Required: In order to expedite the security clearance process at the CDC Roybal Campus located on Clifton Road, all CLIAC attendees are required to register for the meeting online at least 14 days in advance at by clicking the "Register for a Meeting'' link and completing all forms according to the instructions given. Please complete all the required fields before submitting your registration and submit no later than January 26, 2010.

    Status: Open to the public, limited only by the space available. The meeting room accommodates approximately 100 people.

    Purpose: This Committee is charged with providing scientific and technical advice and guidance to the Secretary of Health and Human Services, the Assistant Secretary for Health, and the Director, CDC, regarding the need for, and the nature of, revisions to the standards under which clinical laboratories are regulated; the impact on medical and laboratory practice of proposed revisions to the standards; and the modification of the standards to accommodate technological advances.

    Matters To Be Discussed: The agenda will include updates from the CDC, the Centers for Medicare & Medicaid Services, and the Food and Drug Administration; a report from the CLIAC Biochemical Genetic Testing Workgroup and discussion of the Workgroup's proposals related to good laboratory practices for biochemical genetic testing; and presentations and discussions related to electronic health records and electronic transmission of laboratory information.

    Agenda items are subject to change as priorities dictate.

    Providing Oral or Written Comments: It is the policy of CLIAC to accept written public comments and provide a brief period for oral public comments whenever possible.

    Oral Comments: In general, each individual or group requesting to make an oral presentation will be limited to a total time of five minutes (unless otherwise indicated). Speakers must also submit their comments in writing for inclusion in the meeting's Summary Report. To assure adequate time is scheduled for public comments, individuals or groups planning to make an oral presentation should, when possible, notify the contact person below at least one week prior to the meeting date.

    Written Comments: For individuals or groups unable to attend the meeting, CLIAC accepts written comments until the date of the meeting (unless otherwise stated). However, the comments should be received at least one week prior to the meeting date so that the comments may be made available to the Committee for their consideration and public distribution. Written comments, one hard copy with original signature, should be provided to the contact person below. Written comments will be included in the meeting's Summary Report.

    Contact Person for Additional Information: Nancy Anderson, Chief, Laboratory Practice Standards Branch, Division of Laboratory Systems, National Center for Preparedness, Detection, and Control of Infectious Diseases, CDC, 1600 Clifton Road, NE., Mailstop F-11, Atlanta, Georgia 30333; telephone (404) 498-2741; fax (404) 498-2219; or via e-mail at

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register Notices pertaining to announcements of meetings and other committee management activities, for CDC and the Agency for Toxic Substances and Disease Registry.

  • Proposed Collection; Comment Request; Process Evaluation of the NIH's Roadmap Interdisciplinary Research Work Group Initiatives

    National Institutes of Health

    Proposed Collection; Comment Request; Process Evaluation of the NIH's Roadmap Interdisciplinary Research Work Group Initiatives

    SUMMARY: In compliance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the Office of the Director, the National Institutes of Health (NIH), will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.

    Proposed Collection: The National Institute of Dental and Craniofacial Research of the National Institutes of Heath requests a three-year clearance for the "Process Evaluation of the NIH Roadmap Interdisciplinary Research Work Group Initiatives,'' a new collection. This study will be used to determine whether the NIH's Interdisciplinary Research Work Group initiatives have been, and are being, conducted as planned, whether the expected outputs are being produced, and how the activities and processes associated with the initiatives can be improved. Information collected during the evaluation will be used to assess whether and how these initiatives differed from existing initiatives to determine whether these unique initiatives or mechanisms are necessary, to make decisions about whether to continue and/or to modify the programs, and to make decisions about structural or procedural changes within NIH that may be necessary to support cross-cutting interdisciplinary programs. The frequency of response is once for most respondents, and twice for a limited group. The affected public includes a limited number of individuals; Type of respondents: principal investigators, other grant investigators, and Initiative trainees. The annual reporting burden is as follows: Estimated number of respondents: 450; Estimated number of responses per respondent: PIs, 2; Other Investigators, 1; Trainees, 1; Average burden hours per response: 30 minutes; and Estimated total annual burden hours requested: 250 hours. The total annualized cost to respondents (calculated as the number of respondents * frequency of response * average time per response * approximate hourly wage rate) is estimated to be $4,565.

    Request for Comments: Written comments and/or suggestions from the public and affected agencies are invited on one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    FOR FURTHER INFORMATION CONTACT: To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact Sue Hamann, Ph.D., Science Evaluation Officer, Office of Science Policy Officer and Analysis, NIDCRD, NIH. You may reach Dr. Hamann by telephone on 301-594-4849 (this is not a toll-free number), or you may e-mail your request to Dr. Hamann at

    Comments Due Date: Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication.

  • Interior

  • Notice of Public Meeting, North Slope Science Initiative, Science Technical Advisory Panel, Alaska

    AGENCY: Bureau of Land Management, Alaska State Office, North Slope Science Initiative, Interior.

    ACTION: Notice of public meeting.

    SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, North Slope Science Initiative (NSSI)-- Science Technical Advisory Panel (STAP) will meet as indicated below.

    DATES: The meeting will be held January 27 and 28, 2010, in Fairbanks, Alaska. On January 27, 2010, the meeting will begin at 9 a.m. at the International Arctic Research Center, University of Alaska Fairbanks, Room 501. Public comments will begin at 3 p.m. On January 28, 2010, the meeting will begin at 9 a.m. at the same location, and will adjourn at 4 p.m.

    FOR FURTHER INFORMATION CONTACT: John F. Payne, Executive Director, North Slope Science Initiative: c/o Bureau of Land Management, AK-910; 222 W. Seventh Avenue, 13; Anchorage, AK 99513; phone 907-271- 3431 or e-mail

  • National Science Foundation

  • U.S. Chief Financial Officer Council; Grants Policy Committee (GPC)

    U.S. Chief Financial Officer Council; Grants Policy Committee (GPC)

    ACTION: Notice of outreach for feedback regarding GPC's proposed response to the recommendations of the U.S. Government Accountability Office (GAO) about the timeliness of application submissions.

    SUMMARY: This notice announces an outreach effort for feedback on topical items that impact individuals/organizations' ability to submit grant applications in a timely fashion. This outreach effort is sponsored by the GPC.

    DATES: The GPC welcomes feedback on this topic from the date of this publication until January 31, 2010. Feedback received after this date will be accepted, but may not have the opportunity to inform the development of the Work Group product.

    ADDRESSES: Submit electronic comments or lists of topical issues through by clicking on "share your feedback'' on the second item in the LATEST NEWS box on the home page.

    Overview: The GPC is in the early stages of developing a proposed response recommendation regarding the timeliness of applications and would like to gather early feedback from applicants on topical items or major issues that impact their ability to submit grant applications in a timely fashion. The purpose of this outreach effort is to provide a mechanism for the applicant community to submit issues that impact individuals/organizations' ability to submit grant applications in a timely fashion. This outreach effort is sponsored by the GPC.

    Feedback Submission Information: Feedback will be accepted by clicking on "share your feedback'' on the second item in the LATEST NEWS box on the home page. Information that pertains to this outreach effort is posted on where you may also submit topics or lists of topical issues and major challenges regarding the timely submission of grants applications on

    Questions: Questions should be directed to Charisse Carney-Nunes, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230; e-mail,, but feedback will not be accepted via this address.