Marine Mammals; File No. 540-1811, 32116-32117 [E9-15957]

Download as PDF 32116 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices recipient to submit additional environmental compliance information sufficient to enable NOAA to make an assessment on any impacts that a project may have on the environment. THE DEPARTMENT OF COMMERCE PRE–AWARD NOTIFICATION REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS: The Department of Commerce Pre– Award Notification Requirements for Grants and Cooperative Agreements contained in the Federal Register notice of February 11, 2008 (73 FR 7696), are applicable to this solicitation. Dated: June 29, 2009. Steven A. Murawski, Ph.D. NOAA Fisheries, Chief Scientific Advisor, Director of Scientific Programs. Dated: June 30, 2009. Phillip R. Taylor Section Head, Ocean Section, Division of Ocean Sciences, National Science Foundation. [FR Doc. E9–15960 Filed 7–6–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE United States Patent and Trademark Office PAPERWORK REDUCTION ACT: [Docket No. PTO–P–2009–0027] This document contains collection– of–information requirements subject to the Paperwork Reduction Act (PRA). The use of Standard Forms 424, 424A, 424B, and SF–LLL and CD–346 has been approved by the Office of Management and Budget (OMB) under the respective control numbers 0348–0043, 0348–0044, 0348–0040, 0348–0046, and 0605–0001. Notwithstanding any other provision of law, no person is required to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. Grant of Interim Extension of the Term of U.S. Patent No. 4,977,138; ISTODAXTM EXECUTIVE ORDER 12866: This notice has been determined to be not significant for purposes of Executive Order 12866. EXECUTIVE ORDER 13132 (FEDERALISM): It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. ADMINISTRATIVE PROCEDURE ACT/ REGULATORY FLEXIBILITY ACT: Prior notice and an opportunity for public comment are not required by the Administrative Procedure Act or any other law for rules concerning public property, loans, grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements for the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. VerDate Nov<24>2008 14:45 Jul 06, 2009 Jkt 217001 AGENCY: United States Patent and Trademark Office. ACTION: Notice of Interim Patent Term Extension. SUMMARY: The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a one-year interim extension of the term of U.S. Patent No. 4,977,138. FOR FURTHER INFORMATION CONTACT: Mary C. Till by telephone at (571) 272– 7755; by mail marked to her attention and addressed to the Commissioner for Patents, Mail Stop Hatch-Waxman PTE, P.O. Box 1450, Alexandria, VA 22313– 1450; by fax marked to her attention at (571) 273–7755, or by e-mail to Mary.Till@uspto.gov. SUPPLEMENTARY INFORMATION: Section 156 of Title 35, United States Code, generally provides that the term of a patent may be extended for a period of up to five years if the patent claims a product, or a method of making or using a product, that has been subject to certain defined regulatory review, and that the patent may be extended for interim periods of up to a year if the regulatory review is anticipated to extend beyond the expiration date of the patent. On June 12, 2009, Gloucester Pharmaceuticals, Inc., a licensee of Astellas Pharma Inc., the patent owner, timely filed an application under 35 U.S.C. 156(d)(5) for an interim extension of the term of U.S. Patent No. 4,977,138. The patent claims the human drug product ISTODAXTM (romidepsin). The application indicates that a New Drug Application (NDA No. 22–393) for the human drug product ISTODAXTM (romidepsin) has been filed and is PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 currently undergoing regulatory review before the Food and Drug Administration for permission to market or use the product commercially. Review of the application indicates that except for permission to market or use the product commercially, the subject patent would be eligible for an extension of the patent term under 35 U.S.C. 156, and that the patent should be extended for an additional one year as required by 35 U.S.C. 156(d)(5)(B). Because it is apparent that the regulatory review period will continue beyond the original expiration date of the patent (July 6, 2009), an interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate. An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 4,977,138 is granted for a period of one year from the original expiration date of the patent, i.e., until July 6, 2010. June 30, 2009. John J. Doll, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office. [FR Doc. E9–15863 Filed 7–6–09; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XQ12 Marine Mammals; File No. 540–1811 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; Issuance of permit amendment. SUMMARY: Notice is hereby given that Mr. John Calambokidis, Cascadia Research Collective, Waterstreet Building, 218 1/2 West Fourth Avenue, Olympia, WA 89501, has been issued an amendment to scientific research Permit No. 540–1811. ADDRESSES: The permit and related documents are available for review upon written request or by appointment (See SUPPLEMENTARY INFORMATION). FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Carrie Hubard, (301)713–2289. SUPPLEMENTARY INFORMATION: On May 7, 2008, notice was published in the Federal Register (73 FR 25668) that a request for a scientific research permit amendment to take cetacean species had been submitted by the above-named E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices individual. The requested permit amendment has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222–226). Permit No. 540–1811, issued to John Calambokidis, authorizes aerial and vessel surveys, photo-identification, behavioral observations, tagging (using suction-cup attached tags), biopsy, video and acoustic recording, and incidental harassment of all species of odontocetes and baleen whales in the North Pacific Ocean. The permit has been amended to authorize dart tagging of the following species of marine mammals: blue (Balaenoptera musculus), fin (B. physalus), sei (B. borealis), gray (Eschrichtius robustus), sperm (Physeter macrocephalus), Bryde’s (B. edeni), humpback (Megaptera novaeangliae) and minke (B. acutorostrata) whales, Mesoplodon beaked whales (Mesoplodon spp), Cuvier’s (Ziphius cavirostris) and Baird’s (Berardius bairdii) beaked whales, and bottlenose (Tursiops truncatus) and Risso’s (Grampus griseus) dolphins. For each species, 20 animals have been authorized to be taken via dart tags, with the exception of sei whales, where only 5 takes were requested and granted. Additionally, an increase in biopsy sampling and suction-cup tagging has been authorized for several cetacean species (fin, sperm, and short-finned pilot whales (Globicephala macrorhynchus) and Baird’s, Cuvier’s, and Mesoplodon beaked whales). No additional Level B harassment was requested. Dart tagging will occur concurrently with already permitted activities (i.e., vessel surveys, photo-identification, suction-cup tagging etc), primarily in the waters off California, though some species may be tagged opportunistically elsewhere where activities are authorized (i.e., U.S. and international waters of the Pacific including Alaska, Washington, Oregon, and other U.S. territories). The amended permit is valid until April 14, 2011. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an environmental assessment (EA) was prepared analyzing the effects of the permitted activities on the human environment. Based on the analyses in the EA, NMFS determined that issuance of the permit amendment would not significantly impact the VerDate Nov<24>2008 14:45 Jul 06, 2009 Jkt 217001 quality of the human environment and that preparation of an environmental impact statement was not required. That determination is documented in a Finding of No Significant Impact (FONSI), signed on June 29, 2009. Issuance of this amended permit, as required by the ESA, was based on a finding that such permit: (1) was applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) is consistent with the purposes and policies set forth in section 2 of the ESA. Documents may be reviewed in the following locations: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)427–2521; Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 1, Seattle, WA 98115–0700; phone (206)526–6150; fax (206)526–6426; Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; phone (907)586–7221; fax (907)586–7249; Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213; phone (562)980–4001; fax (562)980–4018; and Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, Honolulu, HI 96814–4700; phone (808)973–2935; fax (808)973–2941. Dated: June 30, 2009. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–15957 Filed 7–6–09; 8:45 am] BILLING CODE 3510–22–S 32117 upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)713–0376; and Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213; phone (562)980–4001; fax (562)980–4018. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Kristy Beard, (301)713–2289. SUPPLEMENTARY INFORMATION: On April 21, 2009, notice was published in the Federal Register (74 FR 18200) that a request for a public display permit to import three female California sea lions from Zoo Tiergarten Nuremberg in Nuremberg, Germany to Ocean World, Crescent City, California, had been submitted by the above-named organization. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Dated: June 30, 2009. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–15959 Filed 7–6–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration DEPARTMENT OF COMMERCE RIN 0648–XP98 National Oceanic and Atmospheric Administration Marine Mammals; File No. 14483 Science Advisory Board (SAB) AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. AGENCY: Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of Open Meeting. SUMMARY: Notice is hereby given that Ocean World, 304 US Highway 101 South, Crescent City, California 95531 [Mary Wilson, Responsible Party] has been issued a permit to import three California sea lions (Zalophus californianus) for public display. ADDRESSES: The permit and related documents are available for review PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 SUMMARY: The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Notices]
[Pages 32116-32117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15957]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ12


Marine Mammals; File No. 540-1811

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

ACTION: Notice; Issuance of permit amendment.

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SUMMARY: Notice is hereby given that Mr. John Calambokidis, Cascadia 
Research Collective, Waterstreet Building, 218 1/2 West Fourth Avenue, 
Olympia, WA 89501, has been issued an amendment to scientific research 
Permit No. 540-1811.

ADDRESSES: The permit and related documents are available for review 
upon written request or by appointment (See SUPPLEMENTARY INFORMATION).

FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Carrie Hubard, 
(301)713-2289.

SUPPLEMENTARY INFORMATION: On May 7, 2008, notice was published in the 
Federal Register (73 FR 25668) that a request for a scientific research 
permit amendment to take cetacean species had been submitted by the 
above-named

[[Page 32117]]

individual. The requested permit amendment has been issued under the 
authority of the Marine Mammal Protection Act of 1972, as amended 
(MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking 
and importing of marine mammals (50 CFR part 216), the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the 
regulations governing the taking, importing, and exporting of 
endangered and threatened species (50 CFR 222-226).
    Permit No. 540-1811, issued to John Calambokidis, authorizes aerial 
and vessel surveys, photo-identification, behavioral observations, 
tagging (using suction-cup attached tags), biopsy, video and acoustic 
recording, and incidental harassment of all species of odontocetes and 
baleen whales in the North Pacific Ocean. The permit has been amended 
to authorize dart tagging of the following species of marine mammals: 
blue (Balaenoptera musculus), fin (B. physalus), sei (B. borealis), 
gray (Eschrichtius robustus), sperm (Physeter macrocephalus), Bryde's 
(B. edeni), humpback (Megaptera novaeangliae) and minke (B. 
acutorostrata) whales, Mesoplodon beaked whales (Mesoplodon spp), 
Cuvier's (Ziphius cavirostris) and Baird's (Berardius bairdii) beaked 
whales, and bottlenose (Tursiops truncatus) and Risso's (Grampus 
griseus) dolphins. For each species, 20 animals have been authorized to 
be taken via dart tags, with the exception of sei whales, where only 5 
takes were requested and granted. Additionally, an increase in biopsy 
sampling and suction-cup tagging has been authorized for several 
cetacean species (fin, sperm, and short-finned pilot whales 
(Globicephala macrorhynchus) and Baird's, Cuvier's, and Mesoplodon 
beaked whales). No additional Level B harassment was requested. Dart 
tagging will occur concurrently with already permitted activities 
(i.e., vessel surveys, photo-identification, suction-cup tagging etc), 
primarily in the waters off California, though some species may be 
tagged opportunistically elsewhere where activities are authorized 
(i.e., U.S. and international waters of the Pacific including Alaska, 
Washington, Oregon, and other U.S. territories). The amended permit is 
valid until April 14, 2011.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), an environmental assessment (EA) was prepared 
analyzing the effects of the permitted activities on the human 
environment. Based on the analyses in the EA, NMFS determined that 
issuance of the permit amendment would not significantly impact the 
quality of the human environment and that preparation of an 
environmental impact statement was not required. That determination is 
documented in a Finding of No Significant Impact (FONSI), signed on 
June 29, 2009.
    Issuance of this amended permit, as required by the ESA, was based 
on a finding that such permit: (1) was applied for in good faith; (2) 
will not operate to the disadvantage of such endangered species; and 
(3) is consistent with the purposes and policies set forth in section 2 
of the ESA.
    Documents may be reviewed in the following locations:
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301)713-2289; fax (301)427-2521;
    Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 
1, Seattle, WA 98115-0700; phone (206)526-6150; fax (206)526-6426;
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone 
(907)586-7221; fax (907)586-7249;
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018; and
    Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, 
Honolulu, HI 96814-4700; phone (808)973-2935; fax (808)973-2941.

    Dated: June 30, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-15957 Filed 7-6-09; 8:45 am]
BILLING CODE 3510-22-S