Endangered Species; File No. 23148, 33924-33925 [2019-15053]
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33924
Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Notices
Panel for the bluefish specifications
process. The FPR will be used by the
MAFMC’s Scientific and Statistical
Committee (SSC) and the Bluefish
Monitoring Committee (MC) when
setting 2020–21 management measures
designed to achieve the recommended
bluefish catch and landings limits. In
addition, this meeting will allow for
discussion on the current status of the
Bluefish Amendment.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to M.
Jan Saunders, (302) 526–5251, at least 5
days prior to the meeting date.
Dated: July 11, 2019.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–15079 Filed 7–15–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[0648–XR015]
Endangered Species; File No. 23148
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Eddystone Generating Station has
applied in due form for a permit
pursuant to the Endangered Species Act
of 1973, as amended (ESA). The permit
application is for the incidental take of
ESA-listed shortnose (Acipenser
brevirostrum) and Atlantic sturgeon (A.
oxyrinchus) associated with the
otherwise lawful operation and
maintenance of the facility. The
duration of the proposed permit is 10
years. NMFS is furnishing this notice in
order to allow other agencies and the
public an opportunity to review and
comment on the application materials.
All comments received will become part
of the public record and will be
available for review.
DATES: Written comments must be
received at the appropriate address or
fax number (see ADDRESSES) on or before
August 15, 2019.
ADDRESSES: The application is available
for download and review at https://
www.fisheries.noaa.gov/action/
incidental-take-permit-eddystone-
jspears on DSK30JT082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:33 Jul 15, 2019
Jkt 247001
generating-station under the section
heading ESA Section 10(a)(1)(B) Permits
and Applications. The application is
also available upon written request or
by appointment in the following office:
Endangered Species Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13752, Silver Spring, MD 20910; phone
(301) 427–8402; fax (301) 713–4060.
You may submit comments, identified
by NOAA–NMFS–2019–0076, by any of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190076 click the ‘‘Comment Now’’ icon,
complete the required fields, and enter
or attach your comments.
• Fax: (301) 713–4060; Attn: Celeste
Stout.
• Mail: Submit written comments to
Endangered Species Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13631, Silver Spring, MD 20910; Attn:
Celeste Stout.
Instructions: You must submit
comments by one of the above methods
to ensure that we receive, document,
and consider them. Comments sent by
any other method, to any other address
or individual, or received after the end
of the comment period may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on https://www.regulations.gov without
change. All personal identifying
information (e.g., name, address, etc.)
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT:
Celeste Stout, Phone: (301) 427–8436 or
Email: celeste.stout@noaa.gov.
SUPPLEMENTARY INFORMATION: Section 9
of the ESA and Federal regulations
prohibit the ‘taking’ of a species listed
as endangered or threatened. The ESA
defines ‘‘take’’ to mean harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to
engage in any such conduct. NMFS may
issue permits, under limited
circumstances to take listed species
incidental to, and not the purpose of,
otherwise lawful activities. Section
10(a)(1)(B) of the ESA provides for
authorizing incidental take of listed
species. NMFS regulations governing
permits for threatened and endangered
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
species are promulgated at 50 CFR
222.307.
Background
NMFS received a draft permit
application from Eddystone Generating
Station (‘‘Eddystone’’) on June 28, 2018.
Based on our review of the draft
application, we requested further
information and clarification. On
December 21, 2018, Eddystone
submitted an application. Based on
review of the application, NMFS and
Eddystone held further discussions
regarding what needed to be
incorporated in the Habitat
Conservation Plan (HCP). On June 21,
2019, Eddystone submitted a revised
and complete application for the take of
ESA-listed shortnose sturgeon and
Atlantic sturgeon (New York Bight
Distinct Population Segments) due to
the operation of the cooling water intake
structure (CWIS) and vessel activity
associated with fuel delivery to the
station.
Eddystone is requesting a total annual
incidental take of shortnose and
Atlantic sturgeon as follows:
Entrainment—An annual take limit of
3 Atlantic sturgeon larvae in
entrainment sampling, commensurate
with an annual take estimate of 3 age1 equivalents;
Impingement—An annual take limit
of three young-of-the-year (YOY) or
older Atlantic sturgeon collected in
impingement sampling, commensurate
with an annual take estimate of seven
YOY or older Atlantic sturgeon. And an
annual take limit of three YOY or older
shortnose sturgeon collected in
impingement sampling, commensurate
with an annual take estimate of seven
YOY or older shortnose sturgeon; and
Interactions with Vessel Activity due
to Oil Deliveries—A ten-year take limit
for vessel activity of one Atlantic
sturgeon. The first three-years of
monitoring data collected under the
permit will be analyzed to verify the
requested total annual incidental take.
As data are gathered and analyzed
through monitoring, NMFS will amend
the permit to reflect any changes in the
take estimate, if appropriate.
Conservation Plan
Section 10 of the ESA specifies that
no permit may be issued unless an
applicant submits an adequate
conservation plan. The conservation
plan prepared by Eddystone describes
measures designed to minimize and
mitigate the impacts of any incidental
take of ESA-listed shortnose and
Atlantic sturgeon. To avoid and
minimize take of sturgeon, Exelon will
only operate Eddystone’s circulating
E:\FR\FM\16JYN1.SGM
16JYN1
Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Notices
water pumps (CWPs): (1) When the
station is generating electricity; and (2)
for incidental maintenance or testing
(generally once per month) (referred to
collectively as ‘‘Essential Station
Operations’’); or as required by a
governmental agency or other entity
with jurisdiction to require operations.
Depending on station generation and
ambient water temperatures, Exelon will
also limit operations to one CWP per
unit when possible. In addition, Exelon
will rely on the river water pumps
(RWPs) to provide cooling water for
other critical station operations outside
of Essential Station Operations. These
measures will avoid and minimize the
incidental take of sturgeon due to
entrainment or impingement by
eliminating or reducing water
withdrawals at times when such
withdrawals are not specifically
required for Essential Station
Operations or for governmental agencymandated use. Additionally, Exelon will
make all reasonable efforts to schedule
fuel oil deliveries outside March 15–
July 15.
Eddystone considered and rejected six
alternatives: (1) Closed-Cycle Cooling;
(2) Fine-Mesh Modified Ristroph
Traveling Screens; (3) Cylindrical
Wedgewire Screens; (4) Variable Speed
Pumps; (5) Modified Ristroph Traveling
Screens with a Fish Handling and
Return System; and (6) Rail or Tanker
Truck Delivery of Fuel Oil. The
alternatives considered were
determined to either be unfeasible, or to
have no significant impact, or would
result in an increase in adverse effects
compared to the activity as proposed.
Eddystone is an existing facility and
there are no construction activities
planned, nor additional funding.
Continued monitoring related to the
take of shortnose and Atlantic sturgeon
will be ongoing and funding will be
provided through the facility’s annual
operating budget.
jspears on DSK30JT082PROD with NOTICES
National Environmental Policy Act
Issuing an ESA section 10(a)(1)(B)
permit constitutes a Federal action
requiring NMFS to comply with the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.) as
implemented by 40 CFR parts 1500–
1508 and NOAA Administrative Order
216–6, Environmental Review
Procedures for Implementing the
National Policy Act (1999). NMFS
intends to prepare an Environmental
Assessment to consider a range of
reasonable alternatives and fully
evaluate the direct, indirect, and
cumulative impacts likely to result from
issuing a permit.
VerDate Sep<11>2014
17:33 Jul 15, 2019
Jkt 247001
Next Steps
33925
The
purposes of the meeting are to review
the 2019 RH/S Progress Update, review
recent related staff and Monitoring
Committee work, review Advisory Panel
input, and consider making
recommendations to the Council
regarding possible modifications to the
2020 RH/S Cap for the Atlantic
mackerel fishery.
SUPPLEMENTARY INFORMATION:
This notice is provided pursuant to
section 10(c) of the ESA. NMFS will
evaluate the application, associated
documents, and comments received
during the comment period to
determine whether the application
meets the requirements of section 10(a)
of the ESA. If NMFS determines that the
requirements are met, a permit will be
issued for incidental takes of ESA-listed
sturgeon. The final NEPA and permit
determinations will not be made until
after the end of the comment period.
NMFS will publish a record of its final
action in the Federal Register.
Dated: July 11, 2019.
Angela Somma,
Chief, Endangered Species Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–15053 Filed 7–15–19; 8:45 am]
BILLING CODE 3510–22–P
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to M.
Jan Saunders, (302) 526–5251, at least 5
days prior to any meeting date.
Dated: July 11, 2019.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–15075 Filed 7–15–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s (Council) River
Herring and Shad (RH/S) Committee
will hold a meeting.
DATES: The meeting will be held on
Tuesday, July 30, 2019, beginning at
1:30 p.m. and concluding by 4:30 p.m.
For agenda details, see SUPPLEMENTARY
INFORMATION.
ADDRESSES: The meeting will be held
via webinar with a telephone-only audio
connection: https://
mafmc.adobeconnect.com/rhs-com2019/. Telephone instructions are
provided upon connecting, or the public
can call direct: (800) 832–0736, Rm:
*7833942#.
Council address: Mid-Atlantic Fishery
Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331 or on their
website at www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUMMARY:
Frm 00022
Fmt 4703
Patent and Trademark Office
[Docket No.: PTO–P–2019–0025]
RIN 0648–XH092
PO 00000
DEPARTMENT OF COMMERCE
Sfmt 4703
Office Patent Trial Practice Guide, July
2019 Update
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
The United States Patent and
Trademark Office (‘‘Office’’) issued a
further update to the Office Patent Trial
Practice Guide (‘‘TPG’’) in July 2019 to
provide updated guidance to the public
on standard practices before the Patent
Trial and Appeal Board (‘‘Board’’) in the
post-grant trial procedures implemented
following the Leahy-Smith America
Invents Act (‘‘AIA’’). The Office
published the TPG to provide
practitioners with guidance on typical
procedures and times for taking action
in AIA trials, as well as to ensure
consistency of procedure among panels
of the Board.
FOR FURTHER INFORMATION CONTACT:
Michael Tierney and William Fink, Vice
Chief Administrative Patent Judges, by
telephone at (571) 272–9797.
SUPPLEMENTARY INFORMATION: The Office
issued a further update to the TPG in
July 2019, to update the guidance set
forth in the TPG by incorporating the
Board’s current practices and
precedential decisions, and to provide
further explanation of certain aspects of
the Board’s practices to the public. The
Office previously issued an update to
the TPG in August 2018. The TPG is
SUMMARY:
E:\FR\FM\16JYN1.SGM
16JYN1
]]>Agencies
[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Notices]
[Pages 33924-33925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15053]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[0648-XR015]
Endangered Species; File No. 23148
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that Eddystone Generating Station has
applied in due form for a permit pursuant to the Endangered Species Act
of 1973, as amended (ESA). The permit application is for the incidental
take of ESA-listed shortnose (Acipenser brevirostrum) and Atlantic
sturgeon (A. oxyrinchus) associated with the otherwise lawful operation
and maintenance of the facility. The duration of the proposed permit is
10 years. NMFS is furnishing this notice in order to allow other
agencies and the public an opportunity to review and comment on the
application materials. All comments received will become part of the
public record and will be available for review.
DATES: Written comments must be received at the appropriate address or
fax number (see ADDRESSES) on or before August 15, 2019.
ADDRESSES: The application is available for download and review at
https://www.fisheries.noaa.gov/action/incidental-take-permit-eddystone-generating-station under the section heading ESA Section 10(a)(1)(B)
Permits and Applications. The application is also available upon
written request or by appointment in the following office: Endangered
Species Conservation Division, Office of Protected Resources, NMFS,
1315 East-West Highway, Room 13752, Silver Spring, MD 20910; phone
(301) 427-8402; fax (301) 713-4060.
You may submit comments, identified by NOAA-NMFS-2019-0076, by any
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0076 click the ``Comment Now'' icon,
complete the required fields, and enter or attach your comments.
Fax: (301) 713-4060; Attn: Celeste Stout.
Mail: Submit written comments to Endangered Species
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13631, Silver Spring, MD 20910; Attn: Celeste Stout.
Instructions: You must submit comments by one of the above methods
to ensure that we receive, document, and consider them. Comments sent
by any other method, to any other address or individual, or received
after the end of the comment period may not be considered. All comments
received are a part of the public record and will generally be posted
for public viewing on https://www.regulations.gov without change. All
personal identifying information (e.g., name, address, etc.)
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. We
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Celeste Stout, Phone: (301) 427-8436
or Email: [email protected].
SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations
prohibit the `taking' of a species listed as endangered or threatened.
The ESA defines ``take'' to mean harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. NMFS may issue permits, under limited circumstances to
take listed species incidental to, and not the purpose of, otherwise
lawful activities. Section 10(a)(1)(B) of the ESA provides for
authorizing incidental take of listed species. NMFS regulations
governing permits for threatened and endangered species are promulgated
at 50 CFR 222.307.
Background
NMFS received a draft permit application from Eddystone Generating
Station (``Eddystone'') on June 28, 2018. Based on our review of the
draft application, we requested further information and clarification.
On December 21, 2018, Eddystone submitted an application. Based on
review of the application, NMFS and Eddystone held further discussions
regarding what needed to be incorporated in the Habitat Conservation
Plan (HCP). On June 21, 2019, Eddystone submitted a revised and
complete application for the take of ESA-listed shortnose sturgeon and
Atlantic sturgeon (New York Bight Distinct Population Segments) due to
the operation of the cooling water intake structure (CWIS) and vessel
activity associated with fuel delivery to the station.
Eddystone is requesting a total annual incidental take of shortnose
and Atlantic sturgeon as follows:
Entrainment--An annual take limit of 3 Atlantic sturgeon larvae in
entrainment sampling, commensurate with an annual take estimate of 3
age-1 equivalents;
Impingement--An annual take limit of three young-of-the-year (YOY)
or older Atlantic sturgeon collected in impingement sampling,
commensurate with an annual take estimate of seven YOY or older
Atlantic sturgeon. And an annual take limit of three YOY or older
shortnose sturgeon collected in impingement sampling, commensurate with
an annual take estimate of seven YOY or older shortnose sturgeon; and
Interactions with Vessel Activity due to Oil Deliveries--A ten-year
take limit for vessel activity of one Atlantic sturgeon. The first
three-years of monitoring data collected under the permit will be
analyzed to verify the requested total annual incidental take. As data
are gathered and analyzed through monitoring, NMFS will amend the
permit to reflect any changes in the take estimate, if appropriate.
Conservation Plan
Section 10 of the ESA specifies that no permit may be issued unless
an applicant submits an adequate conservation plan. The conservation
plan prepared by Eddystone describes measures designed to minimize and
mitigate the impacts of any incidental take of ESA-listed shortnose and
Atlantic sturgeon. To avoid and minimize take of sturgeon, Exelon will
only operate Eddystone's circulating
[[Page 33925]]
water pumps (CWPs): (1) When the station is generating electricity; and
(2) for incidental maintenance or testing (generally once per month)
(referred to collectively as ``Essential Station Operations''); or as
required by a governmental agency or other entity with jurisdiction to
require operations. Depending on station generation and ambient water
temperatures, Exelon will also limit operations to one CWP per unit
when possible. In addition, Exelon will rely on the river water pumps
(RWPs) to provide cooling water for other critical station operations
outside of Essential Station Operations. These measures will avoid and
minimize the incidental take of sturgeon due to entrainment or
impingement by eliminating or reducing water withdrawals at times when
such withdrawals are not specifically required for Essential Station
Operations or for governmental agency-mandated use. Additionally,
Exelon will make all reasonable efforts to schedule fuel oil deliveries
outside March 15-July 15.
Eddystone considered and rejected six alternatives: (1) Closed-
Cycle Cooling; (2) Fine-Mesh Modified Ristroph Traveling Screens; (3)
Cylindrical Wedgewire Screens; (4) Variable Speed Pumps; (5) Modified
Ristroph Traveling Screens with a Fish Handling and Return System; and
(6) Rail or Tanker Truck Delivery of Fuel Oil. The alternatives
considered were determined to either be unfeasible, or to have no
significant impact, or would result in an increase in adverse effects
compared to the activity as proposed.
Eddystone is an existing facility and there are no construction
activities planned, nor additional funding. Continued monitoring
related to the take of shortnose and Atlantic sturgeon will be ongoing
and funding will be provided through the facility's annual operating
budget.
National Environmental Policy Act
Issuing an ESA section 10(a)(1)(B) permit constitutes a Federal
action requiring NMFS to comply with the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) as implemented by 40 CFR parts 1500-
1508 and NOAA Administrative Order 216-6, Environmental Review
Procedures for Implementing the National Policy Act (1999). NMFS
intends to prepare an Environmental Assessment to consider a range of
reasonable alternatives and fully evaluate the direct, indirect, and
cumulative impacts likely to result from issuing a permit.
Next Steps
This notice is provided pursuant to section 10(c) of the ESA. NMFS
will evaluate the application, associated documents, and comments
received during the comment period to determine whether the application
meets the requirements of section 10(a) of the ESA. If NMFS determines
that the requirements are met, a permit will be issued for incidental
takes of ESA-listed sturgeon. The final NEPA and permit determinations
will not be made until after the end of the comment period. NMFS will
publish a record of its final action in the Federal Register.
Dated: July 11, 2019.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2019-15053 Filed 7-15-19; 8:45 am]
BILLING CODE 3510-22-P
