15946 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Notices 

There is no charge for the workshop; 

however, advanced registration is 

necessary. There will be no on-site, 

same-day registration. The deadline is 

Wednesday, April 20, 2011. 

DATES: The workshop will be held on 

Tuesday, April 26, 2011 from 9 a.m. to 

4:30 p.m. Contact Beth Thomas at 

beth.thomas@nist.gov or (301) 975–4521 

for pre-registration. 

ADDRESSES: The workshop will be held 

in the Gaithersburg Marriott 

Washingtonian Center, 9751 

Washingtonian Boulevard, Gaithersburg, 

MD 20878. 

FOR FURTHER INFORMATION CONTACT: 

Dana Leaman, (301) 975–4679, e-mail: 

dana.leaman@nist.gov. The mailing 

address is 100 Bureau Drive, Mail Stop 

2140, Gaithersburg, MD 20899–2140. 

Information regarding NVLAP and the 

accreditation process can be viewed at 

http://www.nist.gov/nvlap. 

SUPPLEMENTARY INFORMATION: In 

response to a request from the U.S. 

Department of Health and Human 

Services (HHS), National Coordinator 

for Health Information Technology, the 

National Voluntary Laboratory 

Accreditation Program (NVLAP) is 

considering establishing an 

accreditation program for laboratories 

that test HIT electronic health record 

technology. 

NVLAP accreditation criteria are 

established in accordance with the Code 

of Federal Regulations (CFR, title 15, 

Part 285), NVLAP Procedures and 

General Requirements. To be accredited 

by NVLAP, laboratories conducting 

testing of HIT electronic health record 

technology will be required to meet 

ISO/IEC International Standard 17025, 

general requirements for the 

competence of testing and calibration 

laboratories. In addition, for each new 

LAP, NVLAP works with the affected 

testing community to develop programspecific technical requirements. These 

requirements tailor the general 

accreditation criteria referenced in 

Sections 4 and 5 of the NIST handbook 

150 to the test and services in the new 

LAP. Program-specific requirements 

include the details of the scope of 

accreditation, test and measurement 

equipment, personnel requirements, 

validation of test methods, and 

reporting of test results. 

NVLAP accreditation does not imply 

any guarantee (certification) of 

laboratory performance or test/ 

calibration data. NVLAP accreditation is 

a finding of laboratory competence. 

Dated: March 15, 2011. 

Charles H. Romine, 

Acting Associate Director for Laboratory 

Programs. 

[FR Doc. 2011–6688 Filed 3–21–11; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA308 

Endangered and Threatened Species; 

Take of Anadromous Fish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Receipt of an application for a 

new scientific research permit. 

SUMMARY: Notice is hereby given that 

NMFS has received a scientific research 

permit application request relating to 

salmonids listed under the Endangered 

Species Act (ESA). The proposed 

research is intended to increase 

knowledge of the species and to help 

guide management and conservation 

efforts. These documents are also 

available upon written request or by 

appointment by contacting NMFS by 

phone (707) 575–6097 or fax (707) 578– 

3435. 

DATES: Written comments on the permit 

application must be received at the 

appropriate address or fax number (see 

ADDRESSES) no later than 5 p.m. Pacific 

standard time on April 21, 2011. 

ADDRESSES: Written comments on this 

application should be submitted to the 

Protected Resources Division, NMFS, 

777 Sonoma Avenue, Room 325, Santa 

Rosa, CA 95404. Comments may also be 

submitted via fax to (707) 578–3435 or 

by e-mail to FRNpermits.SR@noaa.gov. 

The application and related 

documents may be viewed online at: 

https://apps.nmfs.noaa.gov/preview/ 

preview_open_for_comment.cfm. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Jahn, Santa Rosa, CA (ph.: 707– 

575–6097, e-mail.: 

Jeffrey.Jahn@noaa.gov). 

SUPPLEMENTARY INFORMATION: 

Species Covered in This Notice 

This notice is relevant to federally 

threatened Central California Coast 

(CCC) steelhead (Oncorhynchus 

mykiss). 

Authority 

Scientific research permits are issued 

in accordance with section 10(a)(1)(A) 

of the ESA of 1973 (16 U.S.C. 1531– 

1543) and regulations governing listed 

fish and wildlife permits (50 CFR parts 

222–226). NMFS issues permits based 

on findings that such permits: (1) Are 

applied for in good faith; (2) if granted 

and exercised, would not operate to the 

disadvantage of the listed species which 

are the subject of the permits; and (3) 

are consistent with the purposes and 

policies set forth in section 2 of the 

ESA. The authority to take listed species 

is subject to conditions set forth in the 

permits. 

Anyone requesting a hearing on the 

application listed in this notice should 

set out the specific reasons why a 

hearing on this application would be 

appropriate (see ADDRESSES). Such 

hearings are held at the discretion of the 

Assistant Administrator for Fisheries, 

NMFS. 

Application Received 

URS Corporation in Oakland, CA, is 

requesting a 5-year scientific research 

permit (Permit 16115) to take juvenile 

CCC steelhead associated with a 

research project in the Guadalupe River 

watershed in Santa Clara County, CA. In 

the study described below, researchers 

do not expect to kill any listed fish but 

a small number may die as an 

unintended result of the research 

activities. 

The purpose of the research program 

is to collect warmwater fish species to 

analyze individuals for total mercury 

content, and to obtain information on 

CCC steelhead presence. Target species 

include adult California roach (Lavinia 

symmetricus) and young of the year 

largemouth bass (Micropterus 

salmoides). CCC steelhead captured 

during sampling will be placed in an 

aerated bucket, enumerated, measured 

and released at the point of capture; no 

samples will be taken of CCC steelhead. 

Locations and habitat conditions in 

areas that CCC steelhead are captured 

will be noted. 

Sampling will occur once annually in 

2011, 2012, and 2016; sample collection 

will take place between May 1 and June 

30, depending on seasonal weather 

patterns and permit conditions. Fish 

will be collected by backpack 

electrofisher at five stream sampling 

sites. Captured unlisted warmwater fish 

will be analyzed for total mercury 

content to assess the success of Total 

Maximum Daily Load implementation 

efforts. URS Corporation will also be 

conducting boat electrofishing in 

reservoirs that do not contain ESA-listed 

anadromous fish and therefore take of 

CCC steelhead is not expected as a 

result of this collection method. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Notices 15947 

The program will satisfy the Regional 

Water Quality Control Board 

requirement to monitor mercury in 

waters downstream of historic 

quicksilver mines in the Guadalupe 

River watershed. Increased information 

regarding CCC steelhead habitat use and 

preference and proper management of 

mercury loads in this watershed are 

benefits associated with this research 

program. 

This notice is provided pursuant to 

section 10(c) of the ESA. NMFS will 

evaluate the application, associated 

documents, and comments submitted to 

determine whether the application 

meets the requirements of section 10(a) 

of the ESA and Federal regulations. The 

final permit decision will not be made 

until after the end of the 30-day 

comment period. NMFS will publish 

notice of its final action in the Federal 

Register. 

Dated: March 16, 2011. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 2011–6731 Filed 3–21–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 110309187–1185–01] 

RIN 0648–XA105 

Endangered and Threatened Wildlife; 

Notice of 90-Day Finding on a Petition 

To List the Caribbean Electric Ray as 

Threatened or Endangered Under the 

Endangered Species Act (ESA) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of 90-day petition 

finding. 

SUMMARY: We (NMFS) announce a 90- 

day finding on a petition to list the 

Caribbean electric ray (Narcine 

bancroftii) as threatened or endangered 

under the ESA. We find that the petition 

does not present substantial scientific or 

commercial information indicating that 

the petitioned action may be warranted. 

ADDRESSES: Copies of the petition and 

related materials are available upon 

request from the Chief, Protected 

Resources Division, Southeast Regional 

Office, NMFS, 263 13th Avenue South, 

St. Petersburg, FL 33701, or online from 

the Southeast Regional Office-Protected 

Resources Division Web site: http://

sero.nmfs.noaa.gov/pr/

ListingPetitions.htm. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Herndon, NMFS Southeast 

Region, 727–824–5312, or Marta 

Nammack, NMFS Office of Protected 

Resources, 301–713–1401. 

SUPPLEMENTARY INFORMATION: On 

September 7, 2010, we received a 

petition from WildEarth Guardians to 

list the Caribbean electric ray as 

threatened or endangered under the 

ESA. The petitioner asserts that the 

species has declined 98 percent since 

1972 in the northern Gulf of Mexico and 

that it faces threats from incidental 

taking as shrimp trawl bycatch and also 

from habitat degradation, including the 

BP oil spill in the Gulf of Mexico. 

ESA Statutory and Regulatory 

Provisions and Evaluation Framework 

Section 4(b)(3)(A) of the ESA of 1973, 

as amended (16 U.S.C. 1531 et seq.), 

requires, to the maximum extent 

practicable, that within 90 days of 

receipt of a petition to list a species as 

threatened or endangered, the Secretary 

of Commerce (Secretary) make a finding 

on whether that petition presents 

substantial scientific or commercial 

information indicating that the 

petitioned action may be warranted, and 

to promptly publish such finding in the 

Federal Register (16 U.S.C. 

1533(b)(3)(A)). When it is found that 

substantial scientific or commercial 

information in a petition indicates the 

petitioned action may be warranted (a 

‘‘positive 90-day finding’’), we are 

required to promptly commence a 

review of the status of the species 

concerned during which we will 

conduct a comprehensive review of the 

best available scientific and commercial 

information. In such cases, we shall 

conclude the review with a finding as to 

whether, in fact, the petitioned action is 

warranted within 12 months of receipt 

of the petition. Because the finding at 

the 12-month stage is based on a more 

thorough review of the available 

information, as compared to the narrow 

scope of review at the 90-day stage, a 

‘‘may be warranted’’ finding does not 

prejudge the outcome of the status 

review. 

Under the ESA, a listing 

determination may address a ‘‘species,’’ 

which is defined to also include 

subspecies and, for any vertebrate 

species, any distinct population 

segment (DPS) that interbreeds when 

mature (16 U.S.C. 1532(16)). A joint 

NOAA–U.S. Fish and Wildlife Service 

(USFWS) policy clarifies the agencies’ 

interpretation of the phrase ‘‘distinct 

population segment’’ for the purposes of 

listing, delisting, and reclassifying a 

species under the ESA (61 FR 4722; 

February 7, 1996). A species, 

subspecies, or DPS is ‘‘endangered’’ if it 

is in danger of extinction throughout all 

or a significant portion of its range, and 

‘‘threatened’’ if it is likely to become 

endangered within the foreseeable 

future throughout all or a significant 

portion of its range (ESA sections 3(6) 

and 3(20), respectively, 16 U.S.C. 

1532(6) and (20)). Pursuant to the ESA 

and our implementing regulations, we 

determine whether species are 

threatened or endangered because of 

any one or a combination of the 

following five section 4(a)(1) factors: (1) 

The present or threatened destruction, 

modification, or curtailment of habitat 

or range; (2) overutilization for 

commercial, recreational, scientific, or 

educational purposes; (3) disease or 

predation; (4) inadequacy of existing 

regulatory mechanisms; and (5) any 

other natural or manmade factors 

affecting the species’ existence (16 

U.S.C. 1533(a)(1), 50 CFR 424.11(c)). 

ESA-implementing regulations issued 

jointly by NMFS and USFWS (jointly, 

‘‘the Services’’) (50 CFR 424.14(b)) 

define ‘‘substantial information’’ in the 

context of reviewing a petition to list, 

delist, or reclassify a species as the 

amount of information that would lead 

a reasonable person to believe that the 

measure proposed in the petition may 

be warranted. In evaluating whether 

substantial information is contained in 

a petition, the Secretary must consider 

whether the petition: (1) Clearly 

indicates the administrative measure 

recommended and gives the scientific 

and any common name of the species 

involved; (2) contains detailed narrative 

justification for the recommended 

measure, describing, based on available 

information, past and present numbers 

and distribution of the species involved 

and any threats faced by the species; (3) 

provides information regarding the 

status of the species over all or a 

significant portion of its range; and (4) 

is accompanied by the appropriate 

supporting documentation in the form 

of bibliographic references, reprints of 

pertinent publications, copies of reports 

or letters from authorities, and maps (50 

CFR 424.14(b)(2)). 

Court decisions have clarified the 

appropriate scope and limitations of the 

Services’ review of petitions at the 90- 

day finding stage, in making a 

determination that a petitioned action 

‘‘may be’’ warranted. As a general matter, 

these decisions hold that a petition need 

not establish a ‘‘strong likelihood’’ or a 

‘‘high probability’’ that a species is either 

threatened or endangered to support a 

positive 90-day finding. 


srobinson on DSKHWCL6B1PROD with NOTICES