68740 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Notices 

have a negligible impact on the marine 

mammal species and stocks present in 

these action areas, provided that 

additional mitigation and monitoring 

measures are implemented. 

ESA 

There are six ESA-listed marine 

mammal species, three sea turtle 

species, and a fish species that are listed 

as endangered under the ESA with 

confirmed or possible occurrence in the 

VACAPES, JAX, and CHPT Range 

Complexes: Humpback whale, North 

Atlantic right whale, blue whale, fin 

whale, sei whale, sperm whale, 

loggerhead sea turtle, leatherback sea 

turtle, the Kemp’s ridley sea turtle, and 

the shortnose sturgeon. 

Pursuant to Section 7 of the ESA, 

NMFS has begun consultation internally 

on the issuance of the modified LOAs 

under section 101(a)(5)(A) of the MMPA 

for these activities. Consultation will be 

concluded prior to a determination on 

the issuance of the modified LOAs. 

NEPA 

NMFS participated as a cooperating 

agency on the Navy’s Final 

Environmental Impact Statements 

(FEIS’s) for the VACAPES, JAX, and 

CHPT Range Complexes. NMFS 

subsequently adopted the Navy’s EIS’s 

for the purpose of complying with the 

MMPA. For the modification of the 

LOAs, which include TDFDs, but also 

specifically add monitoring and 

mitigation measures to minimize the 

likelihood of any additional impacts 

from TDFDs, NMFS has determined that 

there are no changes in the potential 

effects to marine mammal species and 

stocks as a result of the proposed mine 

neutralization training activities using 

TDFDs. Therefore, no additional NEPA 

analysis will be required, and the 

information in the existing EIS’s 

remains sufficient. 

Preliminary Determination 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat and dependent upon 

the implementation of the mitigation 

measures, NMFS preliminarily finds 

that the total taking from Navy mine 

neutralization training exercises 

utilizing TDFDs in the VACAPES, JAX, 

and CHPT Range Complexes will have 

a negligible impact on the affected 

marine mammal species or stocks. 

NMFS has proposed issuance of three 

modifications to the LOAs to allow 

takes of marine mammals incidental to 

the Navy’s mine neutralization training 

exercises using TDFDs, provided that 

the proposed improvements to the 

monitoring and mitigation measures are 

implemented. 

Dated: November 2, 2011. 

Helen Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2011–28778 Filed 11–4–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No. PTO–T–2011–0063] 

Trademark Manual of Examining 

Procedure, Eighth Edition 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice. 

SUMMARY: To provide information on 

trademark examination policy and 

procedure, the United States Patent and 

Trademark Office (‘‘USPTO’’) issued the 

eighth edition of the Trademark Manual 

of Examining Procedure (‘‘TMEP’’), and 

made available an archived copy of the 

seventh edition, on October 15, 2011. 

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: 

Catherine P. Cain, Office of the Deputy 

Commissioner for Trademark 

Examination Policy, by electronic mail 

at: catherine.cain@uspto.gov; or by mail 

addressed to: Commissioner for 

Trademarks, P.O. Box 1451, Alexandria, 

VA 22313–1451, marked to the attention 

of Catherine P. Cain. 

SUPPLEMENTARY INFORMATION: On 

October 15, 2011, the USPTO issued the 

eighth 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 eighth edition incorporates 

USPTO trademark practice and relevant 

case law reported prior to September 1, 

2011. 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 

eighth edition also includes a 

collaboration tool, offered through a 

program called IdeaScale®, which 

permits the user community to provide 

public comments that are accessible to 

both the user community and the Office. 

The collaboration tool is currently open 

to Chapters 500, 900, and 1900. The 

eighth edition of the TMEP may be 

viewed or downloaded free of charge 

from the USPTO Web site at http:// 

tess2.uspto.gov/tmdb/tmep/. 

An archived copy of the seventh 

edition of the TMEP also remains 

available for reference. Links to the 

seventh edition, as well as to the fourth, 

fifth, and sixth editions, are on the 

USPTO Web site at http:// 

www.uspto.gov/trademarks/resources/ 

TMEParchives.jsp. 

Dated: November 1, 2011. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2011–28775 Filed 11–4–11; 8:45 am] 

BILLING CODE 3510–16–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting 

DATES: Time and Date: Wednesday, 

November 9, 2011; 2 p.m.–3 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

Matter To Be Considered 

Compliance Status Report 

The Commission staff will brief the 

Commission on the status of compliance 

matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Notices 68741 

Dated: November 3, 2011. 

Todd A Stevenson, 

Secretary. 

[FR Doc. 2011–28845 Filed 11–3–11; 11:15 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

Notice of Intent To Prepare a Draft 

Environmental Impact Statement/ 

Environment Impact Report (DEIS/ 

DEIR) for a Permit Application for the 

Proposed San Elijo Lagoon 

Restoration Project, City of Encinitas, 

San Diego County, CA 

AGENCY: United States Army Corps of 

Engineers, Los Angeles District, 

Regulatory Division, Defense. 

ACTION: Notice of Intent (NOI). 

SUMMARY: The United States (U.S.) 

Army Corps of Engineers (Corps), in 

conjunction with the County of San 

Diego Department of Parks and 

Recreation (County Parks), is preparing 

a joint Environmental Impact 

Statement/Environmental Impact Report 

(EIS/EIR) for the proposed San Elijo 

Lagoon Restoration Project (SELRP). The 

Corps will be lead agency under 

National Environmental Protection Act 

(NEPA) and County Parks will be the 

lead agency under the California 

Environmental Quality Act (CEQA). The 

development of the EIS/EIR and 

associated technical studies are being 

completed to determine the Agency 

Preferred Alternative, which would 

improve and/or restore wetland 

functions and services within the San 

Elijo Lagoon. Given the complexity of 

the alternatives analysis and range of 

potentially significant issues, the 

appropriate environmental document 

was determined by the Corps and 

County Parks to be a combined EIS/EIR, 

respectively. The Corps and the County 

Parks have agreed to jointly prepare the 

EIS/EIR to optimize efficiency and avoid 

duplication. The EIS/EIR is intended to 

be sufficient in scope to address federal, 

state, and local requirements for 

environmental analysis and permitting. 

Implementing the Agency Preferred 

Alternative would require a Department 

of the Army permit pursuant to Section 

404 of the Clean Water Act, which 

regulates the discharge of dredged, 

excavated, or fill material in wetlands, 

streams, rivers, and other waters of the 

U.S. and the potential impacts on the 

human environment from such 

activities. To be authorized by the 

Corps, the Agency Preferred Alternative 

must also comply with the Section 

404(b)(1) Guidelines (40 Code of Federal 

Regulations [CFR] Part 230) and may not 

be contrary to the public interest. 

Federal agencies coordinating in the 

development of the EIS include the U.S. 

Fish and Wildlife Service (Service), 

National Marine Fisheries Service 

(NMFS), and Environmental Protection 

Agency (EPA). State agencies 

coordinating in the development of the 

EIR include Department of Fish and 

Game (CDFG), California Coastal 

Commission (CCC), San Diego Regional 

Water Quality Control Board (RWQCB), 

State Water Resources Control Board, 

California Department of Transportation 

(Caltrans), and San Diego Association of 

Governments (SANDAG). 

The EIR/EIS is currently evaluating 

three alternative restoration designs, the 

No Project/No Action alternative, and 

associated maintenance and long-term 

management and maintenance 

measures. In addition, alternatives are 

being evaluated to determine if project 

phasing is necessary to maintain 

adequate habitat for sensitive aquatic 

species, including light footed clapper 

rail (Rallus longirostris levipes) and 

potentially western snowy plovers 

(Charadrius alexandrines nivosus) and 

California least terns (Sterna antillarum 

browni) . The study area encompasses 

approximately 960 acres within and 

adjacent to the Reserve, but final project 

size may vary, depending on the 

outcome of the alternatives analysis. 

Additional details and alternative 

designs are provided in Section 4. 

Should the project receive a permit, it 

is anticipated that construction of the 

SELRP would begin in fall 2014. The 

study area boundaries for the SELRP are 

generally defined to include publicly 

owned parcels where restoration 

activities could occur. 

FOR FURTHER INFORMATION CONTACT: 

Comments and questions regarding 

scoping of the Draft EIS/EIR may be 

addressed to Ms. Michelle Mattson, 

Senior Project Manager, U.S. Army 

Corps of Engineers, Los Angeles District, 

Regulatory Division, Carlsbad Field 

Office, Attn: CESPL–2009–00575–MLM, 

6010 Hidden Valley Road, Suite 105, 

Carlsbad, CA 92011 or comment letters 

can also be sent via electronic mail to 

Michelle.L.Mattson@usace.army.mil. 

The project title ‘‘San Elijo Lagoon 

Restoration Project, CESPL–2009– 

00575–MLM’’ should be included in the 

electronic mail’s subject line and the 

commenter’s physical mailing address 

within the body of the letter. Michelle 

Mattson can be reached at (760) 602– 

4835. Comments and questions can also 

be sent to Ms. Megan Hamilton, County 

of San Diego Department of Parks and 

Recreation, 5500 Overland Avenue, 

Suite 410, San Diego CA 92123 or via 

electronic mail to 

Megan.Hamilton@sdcounty.ca.gov. 

Megan Hamilton can be reached at (858) 

966–1377. 

SUPPLEMENTARY INFORMATION: 

1. Project Site and Background 

Information: San Elijo Lagoon is located 

in the city of Encinitas, San Diego 

County, California. The lagoon is the 

terminus of the Escondido Creek and La 

Orilla Creek watersheds at the Pacific 

Ocean. The study area is composed of 

approximately 961 acres, which are 

separated into four basins or areas (East 

Basin, Central Basin, West Basin, and 

Coastal Area). The lagoon provides 

habitat for resident and migratory 

species, some of which are sensitive or 

listed as federally-threatened or 

endangered under the Endangered 

Species Act (ESA). 

Due to encroachment by 

development, restricted tidal influence, 

and the increase of freshwater from the 

watershed, the San Elijo Lagoon has 

gradually degraded over time. Tidal 

influence has been restricted by 

infrastructure and development at the 

inlet of the lagoon. The Pacific Coast 

Highway (PCH), the North County 

Transit District (NCTD) railroad, and 

Interstate 5 (I–5) all traverse the lagoon 

and further modify tidal and freshwater 

circulation patterns and increased 

sediment accumulation from the 

watershed. Freshwater input has 

increased as a result of residential and 

commercial land uses in the 77-squaremile hydrologic watershed. Because of 

these hydrologic changes, lagoon habitat 

is rapidly transitioning from mudflats to 

mid-marsh habitat through the rapid 

expansion of cordgrass (Spartina spp.) 

and pickleweed (Sarcoconia pacifica) 

and the East Basin supports large areas 

of freshwater marsh vegetated primarily 

by cattails (Typha spp.). The changes 

have also decreased the quality of water 

in the lagoon causing elevated bacteria 

levels and increased the occurrences of 

beach closures during high flow events. 

Mechanical breaching of the ocean 

inlet is routinely performed to maintain 

tidal flushing within the lagoon, but 

benefits are only temporarily realized 

due to the physical and hydrological 

changes previously mentioned. If no 

action is taken to restore the lagoon, 

functions and services will continue to 

degrade, further reducing the diversity 

of estuarine habitats and increasing 

freshwater wetland and riparian 

habitats. Sensitive flora and fauna 

currently dependent on the estuarine 

conditions will continue to be adversely 

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