### 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.


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

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 andcommercial 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