Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules 5141 

person effecting service shall execute a 

statement, indicating the time, place 

and manner of service, which shall 

constitute evidence of service. 

§ 958.21 Computation of time. 

In computing any period of time 

provided for by this part, or any order 

issued pursuant to this part, the time 

begins with the day following the act, 

event, or default, and includes the last 

day of the period, unless it is a 

Saturday, Sunday, or legal holiday 

observed by the Federal Government, in 

which event it includes the next 

business day. Except as otherwise 

provided in these rules or an applicable 

order, prescribed periods of time are 

measured in calendar days rather than 

business days. 

§ 958.22 Continuances and extensions. 

Continuances and extensions may be 

granted under these rules for good cause 

shown. 

§ 958.23 Settlement. 

Either party may make offers of 

settlement or proposals of adjustment at 

any time. The Determining Official has 

the exclusive authority to compromise 

or settle any determinations of liability 

for civil penalties, clean-up costs and/or 

damages for mailing hazardous 

materials and/or related violations 

under 39 U.S.C. 3018, without the 

consent of the Presiding Officer or 

Judicial Officer. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. E9–1864 Filed 1–28–09; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 226 

RIN 0648–AV74 

Endangered and Threatened Species; 

Critical Habitat for the Endangered 

Distinct Population Segment of 

Smalltooth Sawfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; reopening of 

public comment period. 

SUMMARY: On November 20, 2008, 

NMFS proposed to designate critical 

habitat for the endangered U.S. distinct 

population segment (DPS) of smalltooth 

sawfish. As part of that proposal, NMFS 

provided a 60–day public comment 

period, ending on January 20, 2009. 

Additionally, NMFS held two public 

hearings in Cape Coral and Naples, FL 

in January 2009. NMFS has received 

requests for an extension of the public 

comment period. In response to these 

requests, NMFS is reopening the public 

comment period for the proposed 

action. 

DATES: Written comments on this 

proposed rule must be received by 5 

p.m. EST on February 13, 2009. 

Comments received between the close of 

the first comment period on January 20, 

2009, and the reopening of the comment 

period on January 29, 2009 will be 

considered. 

ADDRESSES: You may submit comments, 

identified by the Regulatory Information 

Number (RIN) 0648–AV74, by any of the 

following methods: 

Mail: Assistant Regional 

Administrator, Protected Resources 

Division, NMFS, Southeast Regional 

Office, 263 13th Avenue South, St. 

Petersburg, FL 33701. 

Facsimile (fax) to: 727–824–5309 

Attention Shelley Norton. 

Electronic Submissions: Submit all 

electronic comments to 

www.regulations.gov by clicking on 

‘‘Search for Dockets’’ at the top of the 

screen, then entering the RIN in the 

‘‘RIN’’ field and clicking the ‘‘Submit’’ 

tab. 

Instructions: All comments received 

are considered part of the public record 

and will generally be posted to http:// 

www.regulations.gov. All Personal 

Identifying Information (i.e., name, 

address, etc.) voluntarily submitted may 

be publicly accessible. Do not submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments. Please provide 

electronic attachments using Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Shelley Norton, NMFS, Southeast 

Regional Office, at 727–824–5312; or 

Lisa Manning, NMFS, Office of 

Protected Resources, at 301–713–1401. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 20, 2008, we published 

a proposed rule (73 FR 70290) to 

designate critical habitat for the 

endangered U.S. DPS of smalltooth 

sawfish. We held two public hearings 

on the proposed designation, one in 

Naples, FL on January 5, 2009, and one 

in Cape Coral, FL on January 14, 2009. 

Several requests have been received to 

reopen the public comment period for 

the proposed listing. The public 

comment period for the proposed listing 

closed on January 20, 2009. NMFS is 

reopening the public comment period 

until February 13, 2009, to receive 

additional local and public information 

and comments that may be relevant to 

our consideration of this rulemaking. 

Public comments received between the 

close of the first comment period on 

January 20, 2009, and the reopening of 

the comment period January 29, 2009 

will also be considered timely. 

Authority: 16 U.S.C. 1531 et seq. 

Dated: January 23, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–1956 Filed 1–28–09; 8:45 am] 

BILLING CODE 3510–22–S 


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