Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit (EFP), 54782-54783 [E9-25551]
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices
Comments may be
submitted to NIST by e-mail at
structuralsafety@nist.gov, by fax to 301–
869–6275; or by regular mail to the
attention of Stephen Cauffman, National
Institute of Standards and Technology,
100 Bureau Drive, Stop 8611,
Gaithersburg, MD 20899–8611.
The draft report is available at:
https://www.bfrl.nist.gov/investigations/
investigations.htm.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Requests for further information may be
addressed to: Stephen Cauffman,
National Institute of Standards and
Technology, 100 Bureau Drive, Stop
8611, Gaithersburg, MD 20899–8611;
tel: (301) 975–6051; e-mail:
structuralsafety@nist.gov.
The report
summarizes the NIST study of the
collapse of the Dallas Cowboys indoor
practice facility that occurred on the
afternoon of May 2, 2009, during a
severe thunderstorm. The principal
findings of this study are summarized in
this report and include the definition of
the wind environment that affected the
practice facility on May 2, 2009,
possible factors contributing to the
collapse of the facility, and the likely
collapse sequence. The report concludes
with a recommendation for action for
improving the safety of fabric-covered
frame structures and ensuring the
adequate performance of such structures
under design wind loads.
Request for Comments: NIST seeks
comments on the draft report of its
study of the Dallas Cowboys Indoor
Practice Facility Collapse, May 2, 2009.
NIST will review comments received,
make appropriate revisions, and publish
the report in a final form following the
public comment period.
SUPPLEMENTARY INFORMATION:
Dated: October 16, 2009.
Patrick Gallagher,
Deputy Director, NIST.
[FR Doc. E9–25557 Filed 10–22–09; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
RIN 0648–XR60
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit (EFP)
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
VerDate Nov<24>2008
15:24 Oct 22, 2009
Jkt 220001
ACTION: Notification of a proposal for an
EFP to conduct experimental fishing;
request for comments.
SUMMARY: The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator), has made a
preliminary determination that the
subject EFP application submitted by
Wallace and Associates contains all the
required information and warrants
further consideration. The proposed
EFP would extend the previously
authorized EFP for an additional year, to
continue testing the safety and efficacy
of harvesting surfclams and ocean
quahogs from the Atlantic surfclam and
ocean quahog Georges Bank (GB)
Closure Area using a harvesting protocol
developed by state and Federal
regulatory agencies and endorsed by the
U.S. Food and Drug Administration
(FDA). The Assistant Regional
Administrator has also made a
preliminary determination that the
activities authorized under the EFP
would be consistent with the goals and
objectives of the Atlantic Surfclam and
Ocean Quahog regulations and Fishery
Management Plan (FMP). However,
further review and consultation may be
necessary before a final determination is
made to issue the EFP. Therefore, NMFS
announces that the Assistant Regional
Administrator proposes to recommend
that an EFP be issued that would allow
one commercial fishing vessel to
conduct fishing operations that are
otherwise restricted by the regulations
governing the fisheries of the
Northeastern United States. The EFP
would allow for an exemption from the
Atlantic surfclam and ocean quahog GB
Closure Area. Regulations under the
Magnuson-Stevens Fishery
Conservation and Management Act
require publication of this notification
to provide interested parties the
opportunity to comment on applications
for proposed EFPs.
DATES: Comments must be received on
or before November 9, 2009.
ADDRESSES: Comments on this notice
may be submitted by e-mail. The
mailbox address for providing e-mail
comments is NERO.EFP@noaa.gov.
Include in the subject line of the e-mail
comment the following document
identifier: ‘‘Comments on GB PSP
Closed Area Exemption.’’ Written
comments should be sent to Patricia A.
Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘Comments on GB PSP Closed Area
Exemption.’’ Comments may also be
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
sent via facsimile (fax) to (978) 281–
9135.
Copies of supporting documents
referenced in this notice are available
from Anna Macan, Fishery Management
Specialist, National Marine Fisheries
Service, 55 Great Republic Drive,
Gloucester, MA 01930, and are available
via the Internet at https://
www.nero.noaa.gov/sfd/clams.
FOR FURTHER INFORMATION CONTACT:
Anna Macan, Fishery Management
Specialist, phone 978–281–9165.
SUPPLEMENTARY INFORMATION: Truex
Enterprises of New Bedford, MA, first
submitted an application for an EFP on
March 30, 2006, and public comment
was solicited via the Federal Register
on June 19, 2006 (71 FR 35254). On
October 2, 2006, the applicant
submitted additional information
seeking to add states where the product
harvested under the EFP could be
landed. Due to changes in the EFP
Proposal, the notice and comment
period was re-initiated and published in
the Federal Register on November 14,
2006 (71 FR 66311). At that time, due
to lack of concurrence on the Protocol
for Onboard Screening and Dockside
Testing for Paralytic Shellfish Poisoning
(PSP) Toxins in Molluscan Shellfish
(Protocol) from the state of landing, the
EFP was not issued. The applicant
subsequently received concurrence from
the state of landing and the state where
the product is to be processed for the
Protocol and EFP, and an EFP was
authorized through the end of calendar
year 2008. The EFP was subsequently
renewed for 1 year, and is due to expire
on December 31, 2009.
The current applicant, Wallace &
Associates, of Cambridge, MD, requests
an extension of the previously
authorized EFP to allow the catch and
retention for sale of Atlantic surfclams
and ocean quahogs from within the
Atlantic surfclam and ocean quahog GB
Closure Area. This area, located east of
69°00′ W. long. and south of 42°20′ N.
lat., has been closed since May 25, 1990.
This closure was implemented based on
advice from the U.S. Food and Drug
Administration (FDA) after samples of
surfclams from the area tested positive
for the toxins (saxotoxins) that cause
PSP. These toxins are produced by the
alga Alexandrium fundyense, which can
form blooms commonly referred to as
red tides. Red tide blooms, also known
as harmful algal blooms (HABs), can
produce toxins that accumulate in filterfeeding shellfish. Shellfish
contaminated with the saxotoxin, if
eaten in large enough quantity, can
cause illness or death from PSP. Due, in
part, to the inability to test and monitor
E:\FR\FM\23OCN1.SGM
23OCN1
CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices
this area for the presence of PSP, this
closure was made permanent through
Amendment 12 to the FMP in 1999.
The primary goal of the proposed
study is to test the efficacy of the
Protocol that was developed by state
and Federal regulatory agencies to test
for presence of saxotoxins in shellfish,
and thus has been in a trial period
through previous EFPs since 2006. This
protocol would facilitate the harvest of
shellfish from waters susceptible to
HABs, which produce the saxotoxins,
but that are not currently under rigorous
water quality monitoring programs by
either state or Federal management
agencies. The Protocol details
procedures and reporting for harvesting,
testing, and landing of shellfish
harvested from areas that are susceptible
to HABs prior to the shellfish from
entering commerce. A copy of the
Protocol is available from the NMFS
Northeast Region website: https://
www.nero.noaa.gov/sfd/clams.
The proposed project would conduct
a trial for the sampling protocol in an
exemption zone within the larger 1990
GB Closure Area with the F/V Sea
Watcher I (Federal permit #410565, O.N.
1160720). The exemption zone would
not include any Northeast multispecies
or essential fish habitat year-round
closure areas. This proposed exempted
fishing activity would occur during the
2010 calendar year, using surfclam and
ocean quahog quota allocated to Truex
Enterprises under the Federal
individual transferable quota (ITQ)
program. The applicant has estimated a
harvest of 176,000 bushels (9,370,240 L)
of surfclams and 80,000 bushels
(4,259,200 L) of ocean quahogs from the
exemption area. The exemption area has
been tested in cooperation with the FDA
from 2006 to the present. No samples
collected during that time were below
acceptable levels for saxotoxins (80?g
toxin/100g of shellfish).
The applicant has obtained
endorsements for the EFP and the
Protocol from the States of New Jersey
and Delaware, the states in which it
intends to land and process the product
harvested under the EFP, respectively.
Each state is responsible for regulating
the molluscan shellfish industry within
its jurisdiction and ensuring the safety
of shellfish harvested within or entering
its borders. The Protocol and the pilot
project that would be authorized by this
EFP have also since been endorsed by
the executive board of the Interstate
Shellfish Sanitation Conference.
The applicants may request minor
modifications and extensions to the EFP
throughout the course of research. EFP
modifications and extensions may be
granted without further public notice if
VerDate Nov<24>2008
15:24 Oct 22, 2009
Jkt 220001
they are deemed essential to facilitate
completion of the proposed research
and result in only a minimal change in
the scope or impacts of the initially
approved EFP request.
In accordance with NOAA
Administrative Order (NAO) 216–6, a
Categorical Exclusion or other
appropriate National Environmental
Policy Act document would be
completed prior to the issuance of the
EFP.
Further review and consultation may
be necessary before a final
determination is made to issue the EFP.
After publication of this document in
the Federal Register, the EFP, if
approved, may become effective
following the public comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 20, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–25551 Filed 10–22–09; 8:45 am]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
[Docket No. PTO–T–2009–0045]
Trademark Manual of Examining
Procedure, Sixth Edition
AGENCY: United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and
Trademark Office (‘‘USPTO’’) issued the
sixth edition of the Trademark Manual
of Examining Procedure (‘‘TMEP’’) on
October 12, 2009.
ADDRESSES: The USPTO prefers that any
suggestions for improving the form and
content of the TMEP be submitted via
electronic mail message to
tmtmep@uspto.gov. Written comments
may also be submitted by mail
addressed to: Commissioner for
Trademarks, P.O. Box 1451, Alexandria,
VA 22313–1451, marked to the attention
of Editor, Trademark Manual of
Examining Procedure or by hand
delivery to the Trademark Assistance
Center, Concourse Level, James Madison
Building-East Wing, 600 Dulany Street,
Alexandria, Virginia, marked to the
attention of Editor, Trademark Manual
of Examining Procedure.
FOR FURTHER INFORMATION CONTACT:
Mary E. Hannon, Office of the Deputy
Commissioner for Trademark
Examination Policy, by electronic mail
at: mary.hannon@uspto.gov; or by mail
PO 00000
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Fmt 4703
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54783
addressed to: Commissioner for
Trademarks, P.O. Box 1451, Alexandria,
VA 22313–1451, marked to the attention
of Mary E. Hannon.
SUPPLEMENTARY INFORMATION: On
October 12, 2009, the USPTO issued the
sixth edition of the TMEP, which
provides USPTO trademark examining
attorneys, trademark applicants, and
attorneys and representatives for
trademark applicants with a reference
on the practices and procedures for
prosecution of applications to register
marks in the USPTO. The TMEP
contains guidelines for examining
attorneys and materials in the nature of
information and interpretation, and
outlines the procedures which
examining attorneys are required or
authorized to follow in the examination
of trademark applications.
The sixth edition incorporates USPTO
trademark practice and relevant case
law reported prior to September 1, 2009.
The policies stated in this revision
supersede any previous policies stated
in prior editions, examination guides, or
any other statement of USPTO policy, to
the extent that there is any conflict.
The TMEP may be viewed or
downloaded free of charge from the
USPTO Web site at: https://
tess2.uspto.gov/tmdb/tmep/.
Dated: October 19, 2009.
David J. Kappos,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. E9–25581 Filed 10–22–09; 8:45 am]
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COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List Proposed Additions
and Deletions
AGENCY: Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to and
deletions from Procurement List.
SUMMARY: The Committee is proposing
to add to the Procurement List services
to be furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities, and to
delete products previously furnished by
such agencies.
Comments Must be Received on or
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E:\FR\FM\23OCN1.SGM
23OCN1
]]>Agencies
[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54782-54783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25551]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XR60
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permit (EFP)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notification of a proposal for an EFP to conduct experimental
fishing; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Assistant Regional Administrator for Sustainable
Fisheries, Northeast Region, NMFS (Assistant Regional Administrator),
has made a preliminary determination that the subject EFP application
submitted by Wallace and Associates contains all the required
information and warrants further consideration. The proposed EFP would
extend the previously authorized EFP for an additional year, to
continue testing the safety and efficacy of harvesting surfclams and
ocean quahogs from the Atlantic surfclam and ocean quahog Georges Bank
(GB) Closure Area using a harvesting protocol developed by state and
Federal regulatory agencies and endorsed by the U.S. Food and Drug
Administration (FDA). The Assistant Regional Administrator has also
made a preliminary determination that the activities authorized under
the EFP would be consistent with the goals and objectives of the
Atlantic Surfclam and Ocean Quahog regulations and Fishery Management
Plan (FMP). However, further review and consultation may be necessary
before a final determination is made to issue the EFP. Therefore, NMFS
announces that the Assistant Regional Administrator proposes to
recommend that an EFP be issued that would allow one commercial fishing
vessel to conduct fishing operations that are otherwise restricted by
the regulations governing the fisheries of the Northeastern United
States. The EFP would allow for an exemption from the Atlantic surfclam
and ocean quahog GB Closure Area. Regulations under the Magnuson-
Stevens Fishery Conservation and Management Act require publication of
this notification to provide interested parties the opportunity to
comment on applications for proposed EFPs.
DATES: Comments must be received on or before November 9, 2009.
ADDRESSES: Comments on this notice may be submitted by e-mail. The
mailbox address for providing e-mail comments is NERO.EFP@noaa.gov.
Include in the subject line of the e-mail comment the following
document identifier: ``Comments on GB PSP Closed Area Exemption.''
Written comments should be sent to Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope
``Comments on GB PSP Closed Area Exemption.'' Comments may also be sent
via facsimile (fax) to (978) 281-9135.
Copies of supporting documents referenced in this notice are
available from Anna Macan, Fishery Management Specialist, National
Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA
01930, and are available via the Internet at https://www.nero.noaa.gov/sfd/clams.
FOR FURTHER INFORMATION CONTACT: Anna Macan, Fishery Management
Specialist, phone 978-281-9165.
SUPPLEMENTARY INFORMATION: Truex Enterprises of New Bedford, MA, first
submitted an application for an EFP on March 30, 2006, and public
comment was solicited via the Federal Register on June 19, 2006 (71 FR
35254). On October 2, 2006, the applicant submitted additional
information seeking to add states where the product harvested under the
EFP could be landed. Due to changes in the EFP Proposal, the notice and
comment period was re-initiated and published in the Federal Register
on November 14, 2006 (71 FR 66311). At that time, due to lack of
concurrence on the Protocol for Onboard Screening and Dockside Testing
for Paralytic Shellfish Poisoning (PSP) Toxins in Molluscan Shellfish
(Protocol) from the state of landing, the EFP was not issued. The
applicant subsequently received concurrence from the state of landing
and the state where the product is to be processed for the Protocol and
EFP, and an EFP was authorized through the end of calendar year 2008.
The EFP was subsequently renewed for 1 year, and is due to expire on
December 31, 2009.
The current applicant, Wallace & Associates, of Cambridge, MD,
requests an extension of the previously authorized EFP to allow the
catch and retention for sale of Atlantic surfclams and ocean quahogs
from within the Atlantic surfclam and ocean quahog GB Closure Area.
This area, located east of 69[deg]00' W. long. and south of 42[deg]20'
N. lat., has been closed since May 25, 1990. This closure was
implemented based on advice from the U.S. Food and Drug Administration
(FDA) after samples of surfclams from the area tested positive for the
toxins (saxotoxins) that cause PSP. These toxins are produced by the
alga Alexandrium fundyense, which can form blooms commonly referred to
as red tides. Red tide blooms, also known as harmful algal blooms
(HABs), can produce toxins that accumulate in filter-feeding shellfish.
Shellfish contaminated with the saxotoxin, if eaten in large enough
quantity, can cause illness or death from PSP. Due, in part, to the
inability to test and monitor
[[Page 54783]]
this area for the presence of PSP, this closure was made permanent
through Amendment 12 to the FMP in 1999.
The primary goal of the proposed study is to test the efficacy of
the Protocol that was developed by state and Federal regulatory
agencies to test for presence of saxotoxins in shellfish, and thus has
been in a trial period through previous EFPs since 2006. This protocol
would facilitate the harvest of shellfish from waters susceptible to
HABs, which produce the saxotoxins, but that are not currently under
rigorous water quality monitoring programs by either state or Federal
management agencies. The Protocol details procedures and reporting for
harvesting, testing, and landing of shellfish harvested from areas that
are susceptible to HABs prior to the shellfish from entering commerce.
A copy of the Protocol is available from the NMFS Northeast Region
website: https://www.nero.noaa.gov/sfd/clams.
The proposed project would conduct a trial for the sampling
protocol in an exemption zone within the larger 1990 GB Closure Area
with the F/V Sea Watcher I (Federal permit 410565, O.N.
1160720). The exemption zone would not include any Northeast
multispecies or essential fish habitat year-round closure areas. This
proposed exempted fishing activity would occur during the 2010 calendar
year, using surfclam and ocean quahog quota allocated to Truex
Enterprises under the Federal individual transferable quota (ITQ)
program. The applicant has estimated a harvest of 176,000 bushels
(9,370,240 L) of surfclams and 80,000 bushels (4,259,200 L) of ocean
quahogs from the exemption area. The exemption area has been tested in
cooperation with the FDA from 2006 to the present. No samples collected
during that time were below acceptable levels for saxotoxins (80?g
toxin/100g of shellfish).
The applicant has obtained endorsements for the EFP and the
Protocol from the States of New Jersey and Delaware, the states in
which it intends to land and process the product harvested under the
EFP, respectively. Each state is responsible for regulating the
molluscan shellfish industry within its jurisdiction and ensuring the
safety of shellfish harvested within or entering its borders. The
Protocol and the pilot project that would be authorized by this EFP
have also since been endorsed by the executive board of the Interstate
Shellfish Sanitation Conference.
The applicants may request minor modifications and extensions to
the EFP throughout the course of research. EFP modifications and
extensions may be granted without further public notice if they are
deemed essential to facilitate completion of the proposed research and
result in only a minimal change in the scope or impacts of the
initially approved EFP request.
In accordance with NOAA Administrative Order (NAO) 216-6, a
Categorical Exclusion or other appropriate National Environmental
Policy Act document would be completed prior to the issuance of the
EFP.
Further review and consultation may be necessary before a final
determination is made to issue the EFP. After publication of this
document in the Federal Register, the EFP, if approved, may become
effective following the public comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 20, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-25551 Filed 10-22-09; 8:45 am]
BILLING CODE 3510-22-S
