Availability of Draft Guidelines for Use of Pesticide-Treated Wood Products, 1663-1664 [E9-369]
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Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices
Secretary to publish a notice in the
Federal Register identifying the
applicant and summarizing its proposed
export conduct.
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
of whether an amended Certificate
should be issued. If the comments
include any privileged or confidential
business information, it must be clearly
marked and a nonconfidential version of
the comments (identified as such)
should be included. Any comments not
marked privileged or confidential
business information will be deemed to
be nonconfidential. An original and five
(5) copies, plus two (2) copies of the
nonconfidential version, should be
submitted no later than 20 days after the
date of this notice to: Export Trading
Company Affairs, International Trade
Administration, U.S. Department of
Commerce, Room 7021X, Washington,
DC 20230, or transmit by E-mail at
oetca@ita.doc.gov. Information
submitted by any person is exempt from
disclosure under the Freedom of
Information Act (5 U.S.C. 552).
However, nonconfidential versions of
the comments will be made available to
the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 97–9A003.’’
The original Certificate for the
Association for the Administration of
Rice Quotas, Inc. was issued on January
21, 1998 (63 FR 4220, January 28, 1998).
The Certificate has been amended eight
times. The last amendment was issued
on February 14, 2005 (70 FR 8766,
February 23, 2005). A summary of the
current application for an amendment
follows.
Summary of the Application
Applicant: Association for the
Administration of Rice Quotas, Inc.
(AARQ), c/o Chairman, Christian
Bonnesen of ADM Rice, Inc., 660 White
Plains Road, Tarreytown, New York
10591.
Contact: M. Jean Anderson, Esq.,
Counsel to Applicant, Telephone: (202)
682–7217.
Application No.: 97–9A003.
Date Deemed Submitted: December
31, 2008.
Proposed Amendment: AARQ seeks
to amend its Certificate to reflect the
following changes:
1. Delete the following companies as
Members of the Certificate: California
Rice Marketing LLC, Sacramento, CA;
ConAgra Foods, Inc., Omaha, Nebraska,
VerDate Nov<24>2008
19:10 Jan 12, 2009
Jkt 217001
and its subsidiary ConAgra Trade
Group, Inc., Omaha, Nebraska (formerly
Alliance Grain, Inc., Marlton, New
Jersey); Gold River Mills, LLC,
Woodland, California (formerly Gold
River Mills, LLC dba California Pacific
Rice Milling, Woodland, California);
International Grain Brokerage, LLC,
Yuba City, California; MasterfoodsUSA,
a Mars, Incorporated Company,
Greenville, Mississippi; RiceTec, Inc.,
Alvin, Texas; and Supreme Rice Mill,
Inc., Crowley, Louisiana.
2. Add the following company as a
new Member of the Certificate within
the meaning of section 325.2(1) of the
Regulations (15 CFR 325.(1)):
‘‘SunFoods LLC, Woodland, California.’’
SunFoods LLC is a U.S. joint venture
rice milling and marketing company.
The SunFoods LLC joint venture
includes a 65 percent majority share by
Ricegrowers Limited of Sydney,
Australia (trading as SunRice) and the
amalgamated assets and brands
previously held by Gold River Mills,
LLC, Woodland, California (formerly
Gold River Mills, LLC dba California
Pacific Rice Milling, Woodland,
California).
3. Amend the listing of the following
Members: ‘‘AFE (USA) Inc.’’ should be
amended to read ‘‘Nobel Logistics USA
Inc.’’ due to a corporate name change.
‘‘Busch Agricultural Resources, Inc. and
its subsidiary Pacific International Rice
Mills, Inc.’’ should be amended to read
‘‘Busch Agricultural Resources, LLC and
its subsidiary Pacific International Rice
Mills, LLC (both subsidiaries of
Anheuser-Busch, Inc., which is a
subsidiary of Anheuser-Busch InBev)’’
due to changes in corporate structures.
‘‘Cargill Americas, Inc.’’ should be
amended to read ‘‘Cargill Americas,
Inc., and its subsidiary CAI Trading
Company LLC’’ due to a change in
corporate structure.
Dated: January 8, 2009.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E9–466 Filed 1–12–09; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XM60
Availability of Draft Guidelines for Use
of Pesticide-Treated Wood Products
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
1663
ACTION: Notice of availability; request
for comments.
SUMMARY: NMFS is providing this notice
in order to allow other agencies and the
public an opportunity to review and
provide comments on a draft guideline
document regarding the use of
pesticide-treated wood products in
aquatic environments. The intent of the
guidelines is to aid NMFS personnel
conducting Endangered Species Act
(ESA) and Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) Essential Fish
Habitat (EFH) consultations in making
consistent determinations regarding
projects proposing to use pesticidetreated wood products in habitats
utilized by NOAA trust resources. The
guidelines attempt to convey a summary
of information that should be
considered when examining the effects
determinations made by the action
agency, and to direct personnel to
documents containing more detailed
information when needed. NMFS is
requesting comment on the draft
guideline document before it is
finalized. All comments received before
the due date will be considered before
finalizing the guideline document. All
comments received will become part of
the public record and will be available
for review upon request.
DATES: Public comments must be
received on or before 5 p.m., Pacific
standard time March 16, 2009.
ADDRESSES: Comments on this draft
guideline may be submitted by mail to
the National Marine Fisheries Service,
777 Sonoma Avenue, Suite 325, Santa
Rosa, CA 95409, Attn: Water Quality
Coordinator/Treated Wood Comments.
Comments concerning the draft
guideline may be sent via facsimile to
(707) 578–3435. Comments may also be
submitted electronically to
SWR.treatedwood@noaa.gov.
The reports are available at https://
swr.nmfs.noaa.gov/ or by calling the
contact person listed below or by
sending a request to
Joseph.J.Dillon@noaa.gov. Please
include appropriate contact information
when requesting the documents.
FOR FURTHER INFORMATION CONTACT:
Joseph Dillon, Southwest Region Water
Quality Coordinator at 707–575–6093.
SUPPLEMENTARY INFORMATION: The
purpose of the guidance document is to
aid NMFS personnel conducting
Endangered Species Act (ESA) and
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) Essential Fish
Habitat (EFH) consultations to analyze
the potential effects and mitigations for
E:\FR\FM\13JAN1.SGM
13JAN1
1664
Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices
projects proposing to use pesticidetreated wood products in habitats
utilized by NOAA trust resources. The
guidelines summarize information that
should be considered when examining
the effects determinations made by an
action agency and to direct personnel to
documents containing more detailed
information when needed. The draft
guidelines focus on copper treated
wood, primarily ammoniacal copper
zinc arsenate (ACZA), as this is the most
prominent material used on the west
coast of the United States and in Alaska,
and creosote treated products.
These products are being examined by
NMFS to determine the risks generated
by their usage to the living marine
resources which NOAA is responsible
for managing, referred to as NOAA’s
Trust Resources. These include
anadromous salmonids managed under
the ESA and EFH as designated by the
Magnuson-Stevens Act. The use of
pesticide-treated wood in or near
aquatic environments commonly
requires a permit issued by the U.S.
Army Corps of Engineers. Under the
ESA, Federal agencies must consult
with NMFS to ensure that any action
authorized, funded or carried out by the
Federal agency does not jeopardize the
continued existence of any threatened
or endangered species or result in the
destruction or adverse modification of
designated critical habitat. The issuance
of this permit by the U.S. Army Corps
of Engineers requires consultation under
Section 7 of the ESA to determine
whether its approval action would
jeopardize federally-listed species or
adversely modify designated critical
habitat, and requires an EFH assessment
to determine whether its approval
action would adversely affect EFH.
Since the use of pesticide-treated wood
materials in situations that may expose
aquatic ecosystems is widespread along
the west coast of the United States and
in Alaska, development of guidelines
from the information presented in these
reports should help to streamline the
review of permitting processes as well
as the permitting processes themselves.
In some instances, these reports may be
used to update existing policies
regarding pesticide-treated wood.
The purpose of the ESA is to provide
a means whereby the ecosystems upon
which endangered and threatened
species depend may be conserved, to
provide a program for the conservation
of threatened and endangered species
and to take steps that may be
appropriate to achieve this
conservation. Conservation is defined in
the ESA to mean using, and the use, of
all methods and procedures necessary to
bring any endangered or threatened
VerDate Nov<24>2008
19:10 Jan 12, 2009
Jkt 217001
species to the point at which the
protections provided by the ESA are no
longer necessary. It is the policy of
Congress, as declared in the ESA, that
all Federal departments and agencies
shall seek to conserve endangered and
threatened species and shall utilize their
authorities in furtherance of the
purposes of the ESA.
The Magnuson-Stevens Act
established procedures designed to
identify, conserve, and enhance EFH for
those species regulated under a Federal
fisheries management plan. EFH
regulates an activity with an eye toward
its impact on habitat characteristics.
EFH is defined as those waters and
substrate necessary to fish for spawning,
breeding, feeding or growth to maturity.
‘‘Waters’’ include aquatic areas and
their associated physical, chemical, and
biological properties that are used by
fish and may include aquatic areas
historically used by fish where
appropriate; ‘‘substrate’’ includes
sediment, hard bottom, structures
underlying the waters, and associated
biological communities; ‘‘necessary’’
means the habitat required to support a
sustainable fishery and the managed
species’ contribution to a healthy
ecosystem; and ‘‘spawning, breeding,
feeding, or growth to maturity’’ covers a
species’ full life cycle. EFH for
salmonids includes their saltwater and
fresh water ranges.
Effects of pesticide-treated wood that
need to be examined during the ESA
and EFH consultations include direct,
indirect, and cumulative effects. An
example of direct effects includes the
acute and sublethal impacts of copper
and polycyclic aromatic hydrocarbons
to salmonids and the EFH of managed
species. An example of an indirect effect
includes the adverse impacts to the prey
base upon which ESA-listed and EFHmanaged species depend. An example
of a cumulative effect includes the
impacts of multiple structures and
contaminants in an area with or without
additional loading from urban sources,
historic mining, smelters, ships’ hulls or
any other source. The synthesis of these
effects to habitat and to individuals,
coupled with local environmental
conditions and specific species of
concern, defines the risk of a project
proposing the use of pesticide-treated
wood.
Dated: January 6, 2009.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E9–369 Filed 1–12–09; 8:45 am]
BILLING CODE 3510–22–S
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XM59
International Whaling Commission;
Intersessional Meeting on the Future of
the International Whaling Commission;
Nominations
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for nominations.
SUMMARY: This notice calls for nominees
for one non-federal position to the U.S.
Delegation to the Intersessional Meeting
on the Future of the International
Whaling Commission (IWC) that will be
held in March 2009, in Rome, Italy. The
non-federal representative selected as a
result of this nomination process is
responsible for providing input and
recommendations to the U.S. IWC
Commissioner representing the
positions of non-governmental
organizations.
DATES: Written nominations must be
received by February 8, 2009.
ADDRESSES: All nominations for the U.S.
Delegation to the IWC annual meeting
must be addressed to Bill Hogarth, U.S.
Commissioner to the IWC, and sent via
post to: Ryan Wulff, National Marine
Fisheries Service, Office of International
Affairs, 1315 East-West Highway,
SSMC3 Room 12620, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT:
Ryan Wulff, 301–713–2276, ext. 196.
SUPPLEMENTARY INFORMATION: The
Secretary of Commerce is charged with
the responsibility of discharging the
domestic obligations of the United
States under the International
Convention for the Regulation of
Whaling, 1946. The U.S. IWC
Commissioner (Commissioner) has
responsibility for the preparation and
negotiation of U.S. positions on
international issues concerning whaling
and for all matters involving the IWC.
The Commissioner is staffed by the
Department of Commerce and assisted
by the Department of State, the
Department of the Interior, the Marine
Mammal Commission, and by other
agencies. The non-federal representative
selected as a result of this nomination
process is responsible for providing
input and recommendations to the
Commissioner regarding the positions of
non-governmental organizations.
The Intersessional Meeting on the
Future of the IWC will be held March
E:\FR\FM\13JAN1.SGM
13JAN1
]]>Agencies
[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Notices]
[Pages 1663-1664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-369]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XM60
Availability of Draft Guidelines for Use of Pesticide-Treated
Wood Products
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is providing this notice in order to allow other agencies
and the public an opportunity to review and provide comments on a draft
guideline document regarding the use of pesticide-treated wood products
in aquatic environments. The intent of the guidelines is to aid NMFS
personnel conducting Endangered Species Act (ESA) and Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act)
Essential Fish Habitat (EFH) consultations in making consistent
determinations regarding projects proposing to use pesticide-treated
wood products in habitats utilized by NOAA trust resources. The
guidelines attempt to convey a summary of information that should be
considered when examining the effects determinations made by the action
agency, and to direct personnel to documents containing more detailed
information when needed. NMFS is requesting comment on the draft
guideline document before it is finalized. All comments received before
the due date will be considered before finalizing the guideline
document. All comments received will become part of the public record
and will be available for review upon request.
DATES: Public comments must be received on or before 5 p.m., Pacific
standard time March 16, 2009.
ADDRESSES: Comments on this draft guideline may be submitted by mail to
the National Marine Fisheries Service, 777 Sonoma Avenue, Suite 325,
Santa Rosa, CA 95409, Attn: Water Quality Coordinator/Treated Wood
Comments. Comments concerning the draft guideline may be sent via
facsimile to (707) 578-3435. Comments may also be submitted
electronically to SWR.treatedwood@noaa.gov.
The reports are available at https://swr.nmfs.noaa.gov/ or by
calling the contact person listed below or by sending a request to
Joseph.J.Dillon@noaa.gov. Please include appropriate contact
information when requesting the documents.
FOR FURTHER INFORMATION CONTACT: Joseph Dillon, Southwest Region Water
Quality Coordinator at 707-575-6093.
SUPPLEMENTARY INFORMATION: The purpose of the guidance document is to
aid NMFS personnel conducting Endangered Species Act (ESA) and
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) Essential Fish Habitat (EFH) consultations to analyze the
potential effects and mitigations for
[[Page 1664]]
projects proposing to use pesticide-treated wood products in habitats
utilized by NOAA trust resources. The guidelines summarize information
that should be considered when examining the effects determinations
made by an action agency and to direct personnel to documents
containing more detailed information when needed. The draft guidelines
focus on copper treated wood, primarily ammoniacal copper zinc arsenate
(ACZA), as this is the most prominent material used on the west coast
of the United States and in Alaska, and creosote treated products.
These products are being examined by NMFS to determine the risks
generated by their usage to the living marine resources which NOAA is
responsible for managing, referred to as NOAA's Trust Resources. These
include anadromous salmonids managed under the ESA and EFH as
designated by the Magnuson-Stevens Act. The use of pesticide-treated
wood in or near aquatic environments commonly requires a permit issued
by the U.S. Army Corps of Engineers. Under the ESA, Federal agencies
must consult with NMFS to ensure that any action authorized, funded or
carried out by the Federal agency does not jeopardize the continued
existence of any threatened or endangered species or result in the
destruction or adverse modification of designated critical habitat. The
issuance of this permit by the U.S. Army Corps of Engineers requires
consultation under Section 7 of the ESA to determine whether its
approval action would jeopardize federally-listed species or adversely
modify designated critical habitat, and requires an EFH assessment to
determine whether its approval action would adversely affect EFH. Since
the use of pesticide-treated wood materials in situations that may
expose aquatic ecosystems is widespread along the west coast of the
United States and in Alaska, development of guidelines from the
information presented in these reports should help to streamline the
review of permitting processes as well as the permitting processes
themselves. In some instances, these reports may be used to update
existing policies regarding pesticide-treated wood.
The purpose of the ESA is to provide a means whereby the ecosystems
upon which endangered and threatened species depend may be conserved,
to provide a program for the conservation of threatened and endangered
species and to take steps that may be appropriate to achieve this
conservation. Conservation is defined in the ESA to mean using, and the
use, of all methods and procedures necessary to bring any endangered or
threatened species to the point at which the protections provided by
the ESA are no longer necessary. It is the policy of Congress, as
declared in the ESA, that all Federal departments and agencies shall
seek to conserve endangered and threatened species and shall utilize
their authorities in furtherance of the purposes of the ESA.
The Magnuson-Stevens Act established procedures designed to
identify, conserve, and enhance EFH for those species regulated under a
Federal fisheries management plan. EFH regulates an activity with an
eye toward its impact on habitat characteristics. EFH is defined as
those waters and substrate necessary to fish for spawning, breeding,
feeding or growth to maturity. ``Waters'' include aquatic areas and
their associated physical, chemical, and biological properties that are
used by fish and may include aquatic areas historically used by fish
where appropriate; ``substrate'' includes sediment, hard bottom,
structures underlying the waters, and associated biological
communities; ``necessary'' means the habitat required to support a
sustainable fishery and the managed species' contribution to a healthy
ecosystem; and ``spawning, breeding, feeding, or growth to maturity''
covers a species' full life cycle. EFH for salmonids includes their
saltwater and fresh water ranges.
Effects of pesticide-treated wood that need to be examined during
the ESA and EFH consultations include direct, indirect, and cumulative
effects. An example of direct effects includes the acute and sublethal
impacts of copper and polycyclic aromatic hydrocarbons to salmonids and
the EFH of managed species. An example of an indirect effect includes
the adverse impacts to the prey base upon which ESA-listed and EFH-
managed species depend. An example of a cumulative effect includes the
impacts of multiple structures and contaminants in an area with or
without additional loading from urban sources, historic mining,
smelters, ships' hulls or any other source. The synthesis of these
effects to habitat and to individuals, coupled with local environmental
conditions and specific species of concern, defines the risk of a
project proposing the use of pesticide-treated wood.
Dated: January 6, 2009.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9-369 Filed 1-12-09; 8:45 am]
BILLING CODE 3510-22-S
