25668 Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 

Department of Commerce, 1305 EastWest Highway, Silver Spring, MD 

20910. 

FOR FURTHER INFORMATION CONTACT: 

Brett Grosko, Attorney-Advisor, Office 

of General Counsel for Ocean Services, 

National Oceanic and Atmospheric 

Administration, U.S. Department of 

Commerce, via e-mail at 

Brett.Grosko@noaa.gov, or 301–713–

7384. 

SUPPLEMENTARY INFORMATION: On August 

27, 2007, Weaver’s Cove Energy, LLC, 

and Mill River Pipeline, LLC, separately 

filed notices of appeal with the 

Secretary of Commerce (Secretary) 

pursuant to section 307(c)(3)(A) of the 

Coastal Zone Management Act of 1972 

(CZMA), as amended, 16 U.S.C. 1451 et 

seq., and the Department of Commerce’s 

implementing regulations, 15 CFR part 

930, subpart H. These appeals were 

taken from objections by the 

Commonwealth of Massachusetts to the 

issuance of certain federal licenses 

necessary to construct and operate a 

liquefied natural gas terminal and two 

associated natural gas pipelines, to be 

located in Fall River, Massachusetts. 

Both appeals request the Secretary 

override the State’s objections on 

grounds the proposed project allegedly 

is consistent with the objectives of the 

CZMA, and necessary in the interest of 

national security. Decisions for CZMA 

administrative appeals are based on 

information contained in the decision 

record for the appeal. These two appeals 

have been consolidated for decision. 

Under the CZMA, the decision record 

for an appeal must close no later than 

220 days after notice of the appeal was 

first published in the Federal Register. 

16 U.S.C. 1465. Notice of closure must 

be published in the Federal Register. 

Consistent with this requirement, notice 

is hereby provided that the decision 

records for these appeals were closed on 

May 5, 2008. No further information, 

briefs or comments will be considered 

in deciding these appeals. 

A final decision on these appeals 

must be issued no later than 60 days 

after the date of the publication of this 

notice. 16 U.S.C. 1465(c)(1). The 

deadline may be extended by publishing 

(within the 60-day period) a subsequent 

notice explaining why a decision cannot 

be issued within that time frame. 16 

U.S.C. 1465(c)(1). In this event, a final 

decision must be issued no later than 15 

days after the date of publication of the 

subsequent notice. 16 U.S.C. 1465(c)(2). 

Additional information about these 

appeals and the CZMA appeals process 

is available from the Department of 

Commerce CZMA appeals Web site: 

http://www.ogc.doc.gov/czma.htm. 

[Federal Domestic Assistance Catalog No. 

11.419 Coastal Zone Management Program 

Assistance.] 

Dated: May 1, 2008. 

Joel La Bissonniere, 

Assistant General Counsel for Ocean Services. 

[FR Doc. E8–10012 Filed 5–6–08; 8:45 am] 

BILLING CODE 3510–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XH64 

Endangered Species; File No. 1614–01 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit 

modification. 

SUMMARY: Notice is hereby given that 

the NOAA Fisheries Northeast Region 

Protected Resources Division 

(Responsible Party: Mary Colligan), One 

Blackburn Drive, Gloucester, MA 01930, 

has been issued a modification to 

scientific research Permit No. 1614. 

ADDRESSES: The modification and 

related documents are available for 

review upon written request or by 

appointment in the following offices: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521; 

Northeast Region, NMFS, One 

Blackburn Drive, Gloucester, MA 

01930–2298; phone (978)281–9300; fax 

(978)281–9394; and 

Southeast Region, NMFS, 263 13th 

Ave South, St. Petersburg, FL 33701; 

phone (727)824–5312; fax (727)824–

5309. 

FOR FURTHER INFORMATION CONTACT: 

Brandy Belmas or Jennifer Skidmore, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On March 

25, 2008, notice was published in the 

Federal Register (73 FR 15741) that a 

modification of Permit No. 1614, issued 

February 28, 2008 (73 FR 11873), had 

been requested by the above-named 

organization. The requested 

modification has been granted under the 

authority of the Endangered Species Act 

of 1973, as amended (ESA; 16 U.S.C. 

1531 et seq.) and the regulations 

governing the taking, importing, and 

exporting of endangered and threatened 

species (50 CFR 222–226). 

In addition to all activities authorized 

under Permit No. 1614, this 

modification increases the number of 

dead, captive bred shortnose sturgeon 

(Acipenser brevirostrum) received from 

authorized U.S. facilities up to 350 

individuals each year. Obtaining these 

additional sturgeon will aid researchers 

in meeting their research objectives, 

which include reviewing shortnose 

sturgeon research procedures and 

developing necropsy protocols. 

Issuance of this modification, as 

required by the ESA was based on a 

finding that such permit (1) was applied 

for in good faith, (2) will not operate to 

the disadvantage of such endangered or 

threatened species, and (3) is consistent 

with the purposes and policies set forth 

in section 2 of the ESA. 

Dated: May 2, 2008. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–10108 Filed 5–6–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XH71 

Marine Mammals; File No. 540–1811 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

amendment. 

SUMMARY: Notice is hereby given that 

Mr. John Calambokidis, Cascadia 

Research Collective, Waterstreet 

Building, 218 1/2 West Fourth Avenue, 

Olympia, WA 89501, has requested an 

amendment to scientific research Permit 

No. 540–1811. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

June 6, 2008. 

ADDRESSES: The amendment request 

and related documents are available for 

review upon written request or by 

appointment: (See SUPPLEMENTARY

INFORMATION). 

Written comments or requests for a 

public hearing on this request should be 

submitted to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular amendment 

request would be appropriate. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 25669 

1See Michael Gorham, Event Markets Campaign 

for Respect, Futures Industry Magazine (Jan./Feb. 

2004); Justin Wolfers and Eric W. Zitzewitz, 

Prediction Markets, 18 J. Econ. Persp. 107 (Spring 

2004); Robert W. Hahn and Paul C. Tetlock, Using 

Information Markets to Improve Public Decision 

Making, AEI-Brookings Joint Center for Regulatory 

Studies Working Paper 04–18 (March 2005); Hal R. 

Varian, Can Markets Be Used to Help People Make 

Nonmarket Decisions?, The New York Times (May 

8, 2003). 

2The term event contract is not intended to 

encompass contracts that generate trading prices 

that predictably correlate with market prices or 

broad-based measures of economic or commercial 

activity, or contracts which substantially replicate 

other commodity derivatives contracts, such as 

binary options on exchange rates or the price of 

crude oil. The aforementioned contracts are 

unambiguously subject to CFTC regulation. 

3See, e.g., Retired claims list at the Foresight 

Exchange, available at http://www.ideosphere.com/ 

fx-bin/ListClaims. 

Comments may also be submitted by 

facsimile at (301)427–2521, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period. 

Comments may also be submitted by 

e-mail. The mailbox address for 

providing e-mail comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 731–1774. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Carrie Hubard, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject amendment to Permit No. 540–

1811, issued on March 31, 2006, and 

most recently amended on June 16, 

2006, is requested under the authority of 

the Marine Mammal Protection Act of 

1972, as amended (MMPA; 16 U.S.C. 

1361 et seq.), the Regulations Governing 

the Taking and Importing of Marine 

Mammals (50 CFR part 216), the 

Endangered Species Act of 1973, as 

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

and the Regulations Governing the 

Taking, Importing, and Exporting of 

Endangered and Threatened Species (50 

CFR 222–226). 

Permit No. 540–1811, issued to John 

Calambokidis, currently authorizes 

aerial and vessel surveys, photoidentification, behavioral observations, 

tagging (using suction-cup attached 

tags), biopsy, video and acoustic 

recording, and incidental harassment of 

all species of odontocetes and baleen 

whales in the North Pacific Ocean. The 

purpose of the modification is to 

enhance the examination of movements 

(for stock structure assessment) and 

habitat use of: blue (Balaenoptera 

musculus), fin (B. physalus), sei (B.a 

borealis), gray (Eschrichtius robustus), 

sperm (Physeter macrocephalus), 

Bryde’s (B. edeni), humpback 

(Megaptera novaeangliae) and minke (B. 

acutorostrata) whales, Mesoplodon 

beaked whales (Mesoplodon spp), 

Cuvier’s (Ziphius cavirostris) and 

Baird’s (Berardius bairdii) beaked 

whales, and bottlenose (Tursiops 

truncatus) and Risso’s (Grampus 

griseus) dolphins via dart tagging. For 

each species, an addition of 20 takes by 

dart tagging are requested, with the 

exception of sei whales, where only 5 

takes are requested. Additionally, an 

increase in the number of biopsy and 

suction-cup tagging takes (between 10 - 

40 takes) for several cetacean species 

(fin, sperm, and short-finned pilot 

whales (Globicephala macrorhynchus) 

and Baird’s, Cuvier’s, and Mesoplodon 

beaked whales) are being requested in 

order to better increase understanding of 

stock structure and behavior. Takes by 

Level B harassment (e.g., incidental 

harassment of non-target animals) are 

already authorized under Permit No. 

540–1811 and no additional Level B 

harassment takes are requested. Dart 

tagging will occur concurrently with 

already permitted activities (i.e., vessel 

surveys, photo-identification, suctioncup tagging etc), primarily in 

Californian waters, though some species 

may be tagged opportunistically 

elsewhere where activities are 

authorized (i.e., U.S. and international 

waters of the Pacific including Alaska, 

Washington, Oregon, and other U.S. 

territories). The amended permit, if 

issued, would be valid until the permit 

expires on April 14, 2011. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of this 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Documents may be reviewed in the 

following locations: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521; 

Northwest Region, NMFS, 7600 Sand 

Point Way NE, BIN C15700, Bldg. 1, 

Seattle, WA 98115–0700; phone 

(206)526–6150; fax (206)526–6426; 

Alaska Region, NMFS, P.O. Box 

21668, Juneau, AK 99802–1668; phone 

(907)586–7221; fax (907)586–7249; and 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

Dated: May 1, 2008. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–10104 Filed 5–6–08; 8:45 am] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Concept Release on the Appropriate 

Regulatory Treatment of Event 

Contracts 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Request for Public Comment. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission or 

CFTC) is soliciting comment on the 

appropriate regulatory treatment of 

financial agreements offered by markets 

commonly referred to as event, 

prediction, or information markets.1 For 

ease of reference and to avoid 

classification issues, these financial 

agreements are referred to herein as 

event contracts. In general, event 

contracts are neither dependent on, nor 

do they necessarily relate to, market 

prices or broad-based measures of 

economic or commercial activity.2

Rather, event contracts may be based on 

eventualities and measures as varied as 

the world’s population in the year 2050, 

the results of political elections, or the 

outcome of particular entertainment 

events.3 The Commission’s staff has 

received a substantial number of 

requests for guidance on the propriety of 

trading various event contracts under 

the regulatory rubric of the Commodity 

Exchange Act (CEA or Act). Given the 

substantive and practical concerns that 

may arise from applying federal 

regulation to event contracts and 

markets, the Commission believes that it 

is appropriate to solicit and consider the 

public’s comments in advance of issuing 

any definitive guidance. 

DATES: Comments must be received by 

July 7, 2008. 

ADDRESSES: Comments should be sent to 

the Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581, Attention: Office of the 

Secretariat. Comments may be sent by 

facsimile to 202.418.5521, or by e-mail 

to secretary@cftc.gov. Reference should 

be made to the ‘‘Concept Release on the 

Appropriate Regulatory Treatment of 

Event Contracts.’’ Comments may also 

be submitted through the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Bruce Fekrat, Special Counsel, Office of 

the Director (telephone 202.418.5578, email bfekrat@cftc.gov), Division of 


sroberts on PROD1PC70 with NOTICES