Endangered Fish and Wildlife; Petition for Rulemaking To Exclude Federally-Maintained Dredged Entrance Channels and Pilot Boarding Areas for Ports From New York to Jacksonville From Vessel Speed Restrictions, 4883-4884 [2014-01734]

Download as PDF Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Notices we conclude that the petition presents substantial scientific information indicating that the petitioned action of listing the Caribbean electric ray may be warranted. Therefore, in accordance with section 4(b)(3)(B) of the ESA and NMFS’ implementing regulations (50 CFR 424.14(b)(2)), we will commence a status review of the species. Information Solicited To ensure that the status review is based on the best available scientific and commercial data, we are soliciting information on whether the Caribbean electric ray may warrant listing as threatened or endangered. Specifically, we are soliciting data and information, including unpublished data and information, in the following areas: (1) Historical and current distribution and abundance of this species throughout its range; (2) historical and current population trends; (3) life history and habitat requirements (4) population structure information, such as genetics data; (5) past, current and future threats specific to the Caribbean electric ray, including any current or planned activities that may adversely impact the species, especially information on destruction, modification, or curtailment of habitat and on bycatch in commercial and artisanal fisheries worldwide; (6) ongoing or planned efforts to protect and restore the species and its habitat; and (7) management, regulatory, and enforcement information species and their habitats; We request that all information be accompanied by: (1) Supporting documentation such as maps, bibliographic references, or reprints of pertinent publications; and (2) the submitter’s name, address, and any association, institution, or business that the person represents. References Cited A complete list of references is available upon request from NMFS Protected Resources Headquarters Office (see ADDRESSES). Authority mstockstill on DSK4VPTVN1PROD with NOTICES The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: January 24, 2014. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2014–01895 Filed 1–29–14; 8:45 am] BILLING CODE 3510–22–P VerDate Mar<15>2010 18:24 Jan 29, 2014 Jkt 232001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 224 RIN 0648–XD103 Endangered Fish and Wildlife; Petition for Rulemaking To Exclude FederallyMaintained Dredged Entrance Channels and Pilot Boarding Areas for Ports From New York to Jacksonville From Vessel Speed Restrictions National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Receipt of petition for rulemaking; request for comments. AGENCY: This notice announces receipt by the National Marine Fisheries Service (NMFS) of a petition for rulemaking to exclude federallymaintained dredged entrance channels and pilot boarding areas (and the immediately adjacent waters) for ports from New York to Jacksonville from vessel speed restrictions to reduce fatal vessel collisions with North Atlantic right whales. NMFS is also requesting comments on the petition and will consider all comments when determining whether to proceed with the suggested rulemaking. DATES: The closing date for comments on the petition is March 3, 2014. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2014–0013, by any of the following methods: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA–NMFS–2014– 0013, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. Mail: Send comments or requests for copies of reports to: Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910–3226, Attn: Vessel Speed Rule Petition. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. 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. SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 4883 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. FOR FURTHER INFORMATION CONTACT: Gregory Silber, Ph.D., Greg.Silber@ noaa.gov, Office of Protected Resources, NMFS, at (301)427–8402. SUPPLEMENTARY INFORMATION: Background On October 10, 2008, NMFS published a final rule (73 FR 60173) that established vessel speed restrictions to reduce the likelihood of deaths and serious injuries to endangered North Atlantic right whales from collisions with vessels. The regulation limited vessel speeds to 10 knots or less for vessels 65 ft (19.8 m) or greater in overall length in certain locations and at certain times of the year along the east coast of the U.S. Atlantic seaboard. The regulation contained a provision that allows for an exception to the speed restriction when navigational safety requires a deviation. This rule also contained a provision whereby the regulation would expire (or ‘‘sunset’’) on December 9, 2013. On June 6, 2013, NMFS published a proposed rule (78 FR 34024) seeking public comment on a proposal to eliminate the sunset provision contained in the October 2008 final rule. Based on the best available science, on December 9, 2013, NMFS published a final rule (78 FR 73726) that removed the sunset provision. All other aspects of the regulation remained the same, including the navigational safety exception referenced above. During the public comment period for the June 2013 proposed rule, some commenters expressed concern about compromised safety that may arise from the 10-knot limit in some circumstances, despite the navigational safety exception contained in the regulation. In particular, the American Pilots’ Association indicated that navigation is compromised in specific areas and suggested that NMFS ‘‘exclude federally-maintained dredged channels and pilot boarding areas (and the immediately adjacent waters) for ports from New York to Jacksonville’’— which they state is an approximate aggregate area of 15 square miles—from the vessel speed restrictions. With regard to the American Pilots’ Association request, NMFS stated in its December 2013 final rule removing the sunset provision: E:\FR\FM\30JAN1.SGM 30JAN1 4884 Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Notices [We] will treat the request to exclude vessels using federally-maintained dredged port entrance channels from the speed restrictions as a petition for rulemaking under the Administrative Procedure Act, though this is not required nor is it NMFS’ normal practice. We plan to issue a Notice in the Federal Register announcing receipt of the petition, along with a concise statement of the request and seek comment on the request. If NMFS decides to proceed with the suggested rulemaking, we will notify the petitioner within 120 days, publish a notice in the Federal Register of our decision to engage in rulemaking in a prompt manner, and thereafter proceed in accordance with the requirements for rulemaking. If NMFS decides not to proceed with the petitioned rulemaking, we will notify the petitioner, provide a brief statement of the grounds for the decision, and publish in the Federal Register a notice of our decision not to proceed with the petitioned action. Therefore, NMFS is issuing this notice to solicit comments and information on all issues related to the petition to exclude federally-maintained dredged entrance channels and pilot boarding areas (and the immediately adjacent waters) for ports from New York to Jacksonville from vessel speed restrictions to protect North Atlantic right whales. Please include scientific or commercial data, studies, or research to support your comments and position, including scientific data or research that supports any pertinent industry or professional standards, or specific examples in support of your comments, to aid NMFS in evaluating the request for rulemaking and in determining what action, if any, is appropriate. We will consider all comments and recommendations in determining whether to engage in the suggested rulemaking and thereafter will proceed as described above. Authority: 5 U.S.C. 551 et seq. Dated: January 24, 2014. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2014–01734 Filed 1–29–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE mstockstill on DSK4VPTVN1PROD with NOTICES United States Patent and Trademark Office Submission for OMB Review; Comment Request The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information VerDate Mar<15>2010 18:24 Jan 29, 2014 Jkt 232001 under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: United States Patent and Trademark Office (USPTO). Title: Initial Patent Applications. Form Number(s): PTO/SB/01, 01A, 02, 02A, 02B, 02CN, 02DE, 02ES, 02FR, 02IT, 02JP, 02KR, 02LR, 02NL, 02RU, 02SE, 03, 03A, 04, 06, 07, 14 EFS-Web, 16, 16 EFS-Web, 17, 29, 29A, and 101– 110. This collection also includes the following AIA forms: PTO/AIA01 through AIA04, AIA08 through AIA11, AIA14 and 15, AIA18 and 19, and AIA01CN and 01DE, 01ES, 01FR, 01IT, 01JP, 01KR, 01NL, 01RU, 01SE, 02CN, 02DE, 02ES, 02FR, 02IT, 02JP, 02KR, 02NL, 02RU, and 02SE. Agency Approval Number: 0651– 0032. Type of Request: Revision of a currently approved collection. Burden: 15,076,442 hours annually. Number of Respondents: 597,047 responses per year. The USPTO estimates that approximately 157,950 of these responses will be from small entities (this estimate reflects a 25% small entity response rate for all items in the collection except for designrelated items in the collection, for which a 50% small entity response rate is estimated). The USPTO estimates that 577,624 responses will be filed electronically. Avg. Hours per Response: The USPTO estimates that it will take the public approximately 30 minutes (0.50 hours) to 40 hours to complete the applications, petitions, and additional papers in this collection, depending on the complexity of the request. This includes the time to gather the necessary information, prepare the application, petition, or other papers, and submit the completed request to the USPTO. The USPTO assumes that, on balance it takes the same amount of time to gather the necessary information, prepare the application, petition, or other papers, and submit the completed request to the USPTO, whether the applicant submits it in paper form or electronically. Needs and Uses: This collection of information is required by 35 U.S.C. 131 and 37 CFR 1.16 through 1.84 and 1.495(b). Each patent applicant must provide sufficient information to allow the USPTO to properly examine the application, petition, or paper to determine whether the application, petition, or paper meets the criteria set forth in the patent statutes and regulations. The various fee and application transmittal forms, the declarations, the cover sheets, the petitions, and the papers filed under 37 CFR 1.41, 1.48, and 1.53(c)(2) permit PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 applicants to supply all of the information necessary to process the application and enables the USPTO to ensure that all of the information has been provided in order to process the application. Affected Public: Individuals or households; businesses or other forprofits; non-profit institutions; and the Federal Government. Frequency: On occasion. Respondent’s Obligation: Required to obtain or retain benefits. OMB Desk Officer: Nicholas A. Fraser, email: Nicholas_A._Fraser@ omb.eop.gov. Once submitted, the request will be publicly available in electronic format through the Information Collection Review page at www.reginfo.gov. Paper copies can be obtained by: • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0032 copy request’’ in the subject line of the message. • Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450. Written comments and recommendations for the proposed information collection should be sent on or before March 3, 2014 to Nicholas A. Fraser, OMB Desk Officer, via email to Nicholas_A._Fraser@omb.eop.gov, or by fax to 202–395–5167, marked to the attention of Nicholas A. Fraser. Dated: January 24, 2014. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer. [FR Doc. 2014–01777 Filed 1–29–14; 8:45 am] BILLING CODE 3510–16–P COMMODITY FUTURES TRADING COMMISSION Technology Advisory Committee Commodity Futures Trading Commission. ACTION: Notice of Meeting. AGENCY: The Commodity Futures Trading Commission (CFTC or Commission) announces that the public meeting for the CFTC’s Technology Advisory Committee (TAC) initially scheduled on January 21, 2014, was postponed due to the inclement weather that closed the Federal Government. The TAC meeting has been rescheduled for February 10, 2014, from 10:00 a.m. to 5:00 p.m. at the CFTC’s Washington, DC headquarters. The TAC meeting will focus on swap data reporting; the Commission’s concept release on SUMMARY: E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Notices]
[Pages 4883-4884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01734]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

RIN 0648-XD103


Endangered Fish and Wildlife; Petition for Rulemaking To Exclude 
Federally-Maintained Dredged Entrance Channels and Pilot Boarding Areas 
for Ports From New York to Jacksonville From Vessel Speed Restrictions

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

ACTION: Receipt of petition for rulemaking; request for comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces receipt by the National Marine Fisheries 
Service (NMFS) of a petition for rulemaking to exclude federally-
maintained dredged entrance channels and pilot boarding areas (and the 
immediately adjacent waters) for ports from New York to Jacksonville 
from vessel speed restrictions to reduce fatal vessel collisions with 
North Atlantic right whales. NMFS is also requesting comments on the 
petition and will consider all comments when determining whether to 
proceed with the suggested rulemaking.

DATES: The closing date for comments on the petition is March 3, 2014.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0013, 
by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0013, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    Mail: Send comments or requests for copies of reports to: Chief, 
Marine Mammal and Sea Turtle Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3226, Attn: Vessel Speed Rule Petition.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. 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.

FOR FURTHER INFORMATION CONTACT: Gregory Silber, Ph.D., 
Greg.Silber@noaa.gov, Office of Protected Resources, NMFS, at (301)427-
8402.

SUPPLEMENTARY INFORMATION:

Background

    On October 10, 2008, NMFS published a final rule (73 FR 60173) that 
established vessel speed restrictions to reduce the likelihood of 
deaths and serious injuries to endangered North Atlantic right whales 
from collisions with vessels. The regulation limited vessel speeds to 
10 knots or less for vessels 65 ft (19.8 m) or greater in overall 
length in certain locations and at certain times of the year along the 
east coast of the U.S. Atlantic seaboard. The regulation contained a 
provision that allows for an exception to the speed restriction when 
navigational safety requires a deviation. This rule also contained a 
provision whereby the regulation would expire (or ``sunset'') on 
December 9, 2013.
    On June 6, 2013, NMFS published a proposed rule (78 FR 34024) 
seeking public comment on a proposal to eliminate the sunset provision 
contained in the October 2008 final rule. Based on the best available 
science, on December 9, 2013, NMFS published a final rule (78 FR 73726) 
that removed the sunset provision. All other aspects of the regulation 
remained the same, including the navigational safety exception 
referenced above.
    During the public comment period for the June 2013 proposed rule, 
some commenters expressed concern about compromised safety that may 
arise from the 10-knot limit in some circumstances, despite the 
navigational safety exception contained in the regulation. In 
particular, the American Pilots' Association indicated that navigation 
is compromised in specific areas and suggested that NMFS ``exclude 
federally-maintained dredged channels and pilot boarding areas (and the 
immediately adjacent waters) for ports from New York to 
Jacksonville''--which they state is an approximate aggregate area of 15 
square miles--from the vessel speed restrictions.
    With regard to the American Pilots' Association request, NMFS 
stated in its December 2013 final rule removing the sunset provision:


[[Page 4884]]


    [We] will treat the request to exclude vessels using federally-
maintained dredged port entrance channels from the speed 
restrictions as a petition for rulemaking under the Administrative 
Procedure Act, though this is not required nor is it NMFS' normal 
practice. We plan to issue a Notice in the Federal Register 
announcing receipt of the petition, along with a concise statement 
of the request and seek comment on the request. If NMFS decides to 
proceed with the suggested rulemaking, we will notify the petitioner 
within 120 days, publish a notice in the Federal Register of our 
decision to engage in rulemaking in a prompt manner, and thereafter 
proceed in accordance with the requirements for rulemaking. If NMFS 
decides not to proceed with the petitioned rulemaking, we will 
notify the petitioner, provide a brief statement of the grounds for 
the decision, and publish in the Federal Register a notice of our 
decision not to proceed with the petitioned action.

    Therefore, NMFS is issuing this notice to solicit comments and 
information on all issues related to the petition to exclude federally-
maintained dredged entrance channels and pilot boarding areas (and the 
immediately adjacent waters) for ports from New York to Jacksonville 
from vessel speed restrictions to protect North Atlantic right whales.
    Please include scientific or commercial data, studies, or research 
to support your comments and position, including scientific data or 
research that supports any pertinent industry or professional 
standards, or specific examples in support of your comments, to aid 
NMFS in evaluating the request for rulemaking and in determining what 
action, if any, is appropriate. We will consider all comments and 
recommendations in determining whether to engage in the suggested 
rulemaking and thereafter will proceed as described above.

    Authority:  5 U.S.C. 551 et seq.

    Dated: January 24, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-01734 Filed 1-29-14; 8:45 am]
BILLING CODE 3510-22-P
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