Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 40815 

attributable to the acquisition of four 

parcels within the Mullica River 

watershed through a partnership with 

New Jersey Conservation Foundation 

and the continued implementation of 

the Mullica River Conservation 

Initiative. The acquisition of Bear Creek 

Preserve (100 acres), Hanselman 

Preserve (57 acres), Rudolph Property 

(31 acres), and Lee Property (20 acres) 

provides additional buffer areas (mixed 

pitch pine-scrub oak upland, Atlantic 

white cedar forest) for key land and 

water areas (salt marsh flats, tidal 

wetlands). 

FOR FURTHER INFORMATION CONTACT: 

Michael Migliori at (301) 563–1126 or 

Laurie McGilvray at (301) 563–1158 of 

NOAA’s National Ocean Service, 

Estuarine Reserves Division, 1305 EastWest Highway, N/ORM5, 10th floor, 

Silver Spring, MD 20910. For copies of 

the Jacques Cousteau Management Plan 

revision, visit http://www.jcnerr.org/. 

Dated: August 3, 2009. 

David M. Kennedy, 

Director, Office of Ocean and Coastal 

Resource Management, National Oceanic and 

Atmospheric Administration. 

[FR Doc. E9–19284 Filed 8–12–09; 8:45 am] 

BILLING CODE 3510–08–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ83 

Taking and Importing of Marine 

Mammals 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; annual affirmative 

finding renewals. 

SUMMARY: The Assistant Administrator 

for Fisheries, NMFS (Assistant 

Administrator), has renewed the 

affirmative findings for the Government 

of Ecuador, the Government of El 

Salvador, the Government of Mexico 

and the Government of Spain under the 

Marine Mammal Protection Act 

(MMPA). These affirmative findings will 

allow yellowfin tuna harvested in the 

eastern tropical Pacific Ocean (ETP) in 

compliance with the International 

Dolphin Conservation Program (IDCP) 

by Ecuadorian-flag, El Salvadorian-flag, 

Mexican-flag or Spanish-flag purse seine 

vessels or purse seine vessels operating 

under Ecuadorian, El Salvadorian, 

Mexican, or Spanish jurisdiction to be 

imported into the United States. These 

affirmative findings were based on 

review of documentary evidence 

submitted separately by the 

Governments of Ecuador, El Salvador, 

Mexico, and Spain and obtained from 

the Inter-American Tropical Tuna 

Commission (IATTC) and the U.S. 

Department of State. 

DATES: The affirmative finding renewals 

are effective from April 1, 2009, through 

March 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Regional Administrator, Southwest 

Region, NMFS, 501 West Ocean 

Boulevard, Suite 4200, Long Beach, CA 

90802–4213; phone 562–980–4000; fax 

562–980–4018. 

SUPPLEMENTARY INFORMATION: The 

MMPA, 16 U.S.C. 1361 et seq., allows 

the entry into the United States of 

yellowfin tuna harvested by purse seine 

vessels in the ETP under certain 

conditions. If requested by the 

harvesting nation, the Assistant 

Administrator for Fisheries (Assistant 

Administrator) will determine whether 

to make an affirmative finding based 

upon documentary evidence provided 

by the government of the harvesting 

nation, the IATTC, and the Department 

of State. 

The affirmative finding process 

requires that the harvesting nation is 

meeting its obligations under the IDCP 

and obligations of membership in the 

IATTC. Every 5 years, the government of 

the harvesting nation must request an 

affirmative finding and submit the 

required documentary evidence directly 

to the Assistant Administrator. On an 

annual basis, NMFS reviews the 

affirmative finding and determine 

whether the harvesting nation continues 

to meet the requirements. A nation may 

provide information related to 

compliance with IDCP and IATTC 

measures directly to NMFS on an 

annual basis or may authorize the 

IATTC to release the information to 

NMFS to annually renew an affirmative 

finding determination without an 

application from the harvesting nation. 

An affirmative finding will be 

terminated, in consultation with the 

Secretary of State, if the Assistant 

Administrator determines that the 

requirements of 50 CFR 216.24(f) are no 

longer being met or that a nation is 

consistently failing to take enforcement 

actions on violations, thereby 

diminishing the effectiveness of the 

IDCP. 

As a part of the affirmative finding 

process set forth in 50 CFR 216.24(f), the 

Assistant Administrator considered 

documentary evidence submitted 

separately by the Government of 

Ecuador, the Government of El 

Salvador, the Government of Mexico, 

and the Government of Spain, as well as 

evidence obtained from the IATTC and 

the Department of State and has 

determined that Ecuador, El Salvador, 

Mexico and Spain have each met the 

MMPA’s requirements to receive annual 

affirmative finding renewals. 

After consultation with the 

Department of State, the Assistant 

Administrator issued annual affirmative 

finding renewals to the Governments of 

Ecuador, El Salvador, Mexico, and 

Spain, allowing the continued 

importation into the United States of 

yellowfin tuna and products derived 

from yellowfin tuna harvested in the 

ETP by Ecuadorian-flag, El Salvadorianflag, Mexican-flag or Spanish-flag purse 

seine vessels or purse seine vessels 

operating under the jurisdiction of these 

nations. These annual renewals of 

affirmative findings for Ecuador, El 

Salvador, Mexico and Spain will remain 

valid through March 31, 2010. 

Dated: August 7, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E9–19470 Filed 8–12–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

RIN 0710–ZA04 

Proposed Suspension and 

Modification of Nationwide Permit 21 

AGENCY: United States Army Corps of 

Engineers, Department of Defense, 

ACTION: Notice; extension of comment 

period. 

SUMMARY: In the July 15, 2009, issue of 

the Federal Register (74 FR 34311) the 

U.S. Army Corps of Engineers published 

a proposal to take two actions 

concerning Nationwide Permit 21, 

which authorizes discharges of dredged 

or fill material into waters of the United 

States for surface coal mining activities. 

The two proposed actions are to 

suspend NWP 21 to prohibit its use to 

authorize surface coal mining activities 

in the Appalachian region of Kentucky, 

Ohio, Pennsylvania, Tennessee, 

Virginia, and West Virginia, and then to 

modify NWP 21 to make that 

prohibition permanent until NWP 21 

expires on March 18, 2012. The July 15, 

2009, notice stated that public 

comments and any requests for a public 

hearing must be received by August 14, 


erowe on DSK5CLS3C1PROD with NOTICES
40816 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 

2009. We have received several requests 

to extend the comment period. We are 

extending the comment period to 

September 14, 2009. 

DATES: Comments must be received by 

September 14, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2009–0032, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (Attn: Ms. Desiree 

Hann), 441 G Street, NW., Washington, 

DC 20314–1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

We will not accept e-mailed or faxed 

comments. We will post all comments 

on http://www.regulations.gov under 

docket number COE–2009–0032. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Desiree Hann or Mr. David Olson, 

Headquarters, Operations and 

Regulatory Community of Practice, 

Washington, DC. Ms. Hann can be 

reached at 202–761–4560 and Mr. Olson 

can be reached at 202–761–4922. 

SUPPLEMENTARY INFORMATION: In the July 

15, 2009, issue of the Federal Register 

(74 FR 34311) the U.S. Army Corps of 

Engineers published a proposal to take 

two actions concerning Nationwide 

Permit 21, which authorizes discharges 

of dredged or fill material into waters of 

the United States for surface coal 

mining activities. 

First, the Corps proposes to modify 

NWP 21 to prohibit its use to authorize 

discharges of dredged or fill material 

into waters of the United States for 

surface coal mining activities in the 

Appalachian region of the following 

states: Kentucky, Ohio, Pennsylvania, 

Tennessee, Virginia, and West Virginia 

until it expires on March 18, 2012. The 

proposed modification would enhance 

environmental protection of aquatic 

resources by requiring surface coal 

mining projects in the affected region to 

obtain individual permit coverage under 

the Clean Water Act, which includes 

increased public and agency 

involvement in the permit review 

process, including an opportunity for 

public comment on individual projects. 

Second, the Corps is proposing to 

suspend NWP 21 to provide an interim 

means of requiring individual permit 

reviews in Appalachia, while proposing 

to undertake the longer-term measure of 

modifying NWP 21 to prohibit its use to 

authorize discharges of dredged or fill 

material into waters of the United States 

associated with surface coal mining 

activities in the Appalachian region of 

these six States. The Corps is also 

proposing to suspend NWP 21 to 

provide immediate environmental 

protection while it evaluates the 

comments received in response to the 

proposal to modify NWP 21. 

The application of NWP 21 to surface 

coal mining activities in the rest of the 

United States would not be affected by 

this proposed modification or the 

proposed suspension. 

Several entities have requested an 

extension of the comment period for the 

proposed rule. We have determined that 

a 30-day extension of the comment 

period for this proposed rule is 

warranted. Therefore, the comment 

period for these proposed actions is 

extended until September 14, 2009. 

Dated: August 10, 2009. Approved By: 

Jonathan A. Davis, 

Deputy Chief, Operations, Directorate of Civil 

Works. 

[FR Doc. E9–19446 Filed 8–12–09; 8:45 am] 

BILLING CODE 3710–92–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8945–5] 

Cross-Media Electronic Reporting Rule 

State Authorized Program Revision/ 

Modification Approvals: State of 

Washington 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval, under regulations for CrossMedia Electronic Reporting, of the State 

of Washington’s request to revise/ 

modify programs to allow electronic 

reporting for certain of their EPAauthorized programs under title 40 of 

the CFR. 

DATES: EPA’s approval is effective on 

August 13, 2009. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, or David Schwarz, 

U.S. Environmental Protection Agency, 

Office of Environmental Information, 

Mail Stop 2823T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

(202) 566–1704, 

schwarz.david@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as part 3 of 

title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Subpart D of 

CROMERR, requires that State, tribal or 

local government agencies that receive, 

or wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and get EPA approval. Subpart 

D provides standards for such approvals 

based on consideration of the electronic 

document receiving systems that the 

state, tribe, or local government will use 

to implement the electronic reporting. 

Additionally, in § 3.1000(b) through (e) 

of 40 CFR part 3, subpart D provides 

special procedures for program 

revisions and modifications to allow 

electronic reporting, to be used at the 

option of the state, tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the State, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of its 

authorized programs covered by the 

application and will use electronic 

document receiving systems that meet 

the applicable subpart D requirements. 

On October 10, 2008, the State of 

Washington Department of Ecology 

(WAECY) submitted an application for 

its enterprise-wide electronic document 

receiving system for revision or 

modification of multiple EPAauthorized programs under title 40 CFR. 

EPA reviewed WAECY’s request to 

revise/modify their EPA-authorized 

programs and, based on this review, 

EPA determined the application met the 

standards for approval of authorized 

program revisions/modifications set out 

in 40 CFR part 3, subpart D. In 

accordance with 40 CFR 3.1000(d), this 

notice of EPA’s decision to approve 

Washington’s request for revision/ 

modification to certain of their 

authorized programs is being published 

in the Federal Register. 

Specifically, EPA has approved 

WAECY’s request for revisions/ 

modifications to the following of their 

authorized programs to allow electronic 

reporting under 40 CFR parts 51, 60–63, 

70, 122–124, 144–147, and 280: 

• Part 52—Approval and 

Promulgation of Implementation Plans; 


erowe on DSK5CLS3C1PROD with NOTICES