Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices 54369 

an application is selected, funds can be 

withheld by the Grants Officer under a 

special award condition requiring the 

recipient to submit additional 

environmental compliance information 

sufficient to enable NOAA to make an 

assessment on any impacts that a project 

may have on the environment. 

The Department of Commerce PreAward Notification Requirements for 

Grants and Cooperative Agreements 

contained in the Federal Register notice 

of December 30, 2004 (69 FR 78389), are 

applicable to this solicitation. 

Paperwork Reduction Act 

This document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). The 

use of Standard Forms 424, 424A, 424B, 

SF-LLL, and CD–346 has been approved 

by the Office of Management and 

Budget (OMB) under the respective 

control numbers 0348–0043, 0348–0044, 

0348–0040, 0348–0046, and 0605–0001. 

Notwithstanding any other provision of 

law, no person is required to respond to, 

nor shall any person be subject to a 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the PRA unless that 

collection of information displays a 

currently valid OMB control number. 

Executive Order 12866 

This notice has been determined to be 

not significant for purposes of Executive 

Order 12866. 

Executive Order 13132 (Federalism) 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act 

Prior notice and an opportunity for 

public comment are not required by the 

Administrative Procedure Act or any 

other law for rules concerning public 

property, loans, grants, benefits, and 

contracts (5 U.S.C. 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Dated: September 8, 2005. 

Peter N. Gibson, 

Acting Deputy Chief Financial Officer, 

National Oceanic and Atmospheric 

Administration, National Ocean Service. 

[FR Doc. 05–18231 Filed 9–13–05; 8:45 am] 

BILLING CODE 3510–JS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 090605D] 

Marine Mammals; File Nos. 1070–1783 

and 1075–1788 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of applications. 

SUMMARY: Notice is hereby given that 

the following individuals have applied 

in due form for permits to conduct 

research on marine mammals: Dr. 

Alejandro Acevedo-Gutierrez, Biology 

Department, Western Washington 

University, Bellingham, WA 98225–

9160 (File No. 1070–1783); and Dr. 

Shane B. Kanatous, Department of 

Internal Medicine, University of Texas, 

Southwestern Medical Center, 5323 

Harry Hines Blvd., Dallas, TX 75390–

8573 (File No. 1075–1788). 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

October 14, 2005. 

ADDRESSES: The applications 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; 

File No. 1070–1783: Northwest 

Region, NMFS, 7600 Sand Point Way 

NE, BIN C15700, Bldg. 1, Seattle, WA 

98115–0700; phone (206)526–6150; fax 

(206)526–6426; and 

File No. 1075–1788: Southwest 

Region, NMFS, 501 West Ocean Blvd., 

Suite 4200, Long Beach, CA 90802–

4213; phone (562)980–4001; fax 

(562)980–4018. 

Written comments or requests for a 

public hearing on these applications 

should be mailed 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 the particular request would 

be appropriate. 

Comments may also be submitted by 

facsimile to (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 to 

NMFS.Pr1Comments@noaa.gov. Include 

the appropriate document identifier in 

the subject line of the e-mail comment: 

File No. 1070–1783 or 1075–1788. 

FOR FURTHER INFORMATION CONTACT: 

Tammy Adams, Shane Guan, or Ruth 

Johnson, (301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permits are requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.) and the 

Regulations Governing the Taking and 

Importing of Marine Mammals (50 CFR 

part 216). 

File No. 1070–1783: The applicant 

requests a five-year permit to study 

temporal and spatial variation in 

numbers and diet composition of harbor 

seals (Phoca vitulina) in southern 

Padilla Bay, Washington to determine 

responses of harbor seals to changes in 

prey density and the impact of seal 

behavior on marine protected areas. 

Fecal samples would be collected from 

rookeries and haul-out sites for dietary 

analyses and seals would be counted 

during aerial and vessel surveys. The 

applicant requests to harass seals from 

the Washington Inland Waters Stock 

during the study. The estimated 

minimum number of harbor seals in this 

stock is 12,844 seals. 

File No. 1075–1788: The applicant 

requests a two-year permit to 

characterize the ontogenetic changes in 

skeletal muscle physiology in newly 

weaned, subadult, and adult Weddell 

seals (Leptonychotes weddellii) in the 

Antarctic and determine the molecular 

controls that regulate these changes. The 

applicant proposes to capture 15 adult, 

15 juvenile, and 10 weaned pups 

annually to collect small muscle biopsy 

samples from the swimming muscles to 

identify the proteins and transcription 

factors that regulate the changes in 

myoglobin concentration, fiber type 

distribution and aerobic capacity. These 

results are expected to increase 

understanding of the ontogeny and 

molecular mechanisms by which young 

seals acquire the physiological 

adaptations necessary to become 

competent divers and marine predators. 

The applicant also requests 

authorization for the research-related 

mortality of up to two seals per year if 

complications should arise during 

sedation and handling. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of these 

applications to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

54370 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices 

Dated: September 8, 2005. 

Stephen L. Leathery, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 05–18230 Filed 9–13–05; 8:45 am] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, October 

7, 2005. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Surveillance Matters. 

FOR FURTHER INFORMATION CONTACT: Jean 

A. Webb, (202) 418–5100. 

Jean A. Webb, 

Secretary of the Commission. 

[FR Doc. 05–18334 Filed 9–12–05; 11:52 am] 

BILLING CODE 6351–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, October 

14, 2005. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

FOR FURTHER INFORMATION CONTACT: Jean 

A. Webb, (202) 418–5100. 

Jean A. Webb, 

Secretary of the Commission. 

[FR Doc. 05–18335 Filed 9–12–05; 11:52 am] 

BILLING CODE 6351–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, October 

21, 2005. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

FOR FURTHER INFORMATION CONTACT: Jean 

A. Webb, (202) 418–5100. 

Jean A. Webb, 

Secretary of the Commission. 

[FR Doc. 05–18336 Filed 9–12–05; 11:52 am] 

BILLING CODE 6351–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, October 

28, 2005. 

PLACE: 1155 21st St., NW., Washington, 

DC., 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

FOR FURTHER INFORMATION CONTACT: Jean 

A. Webb, (202) 418–5100. 

Jean A. Webb, 

Secretary of the Commission. 

[FR Doc. 05–18337 Filed 9–12–05; 11:52 am] 

BILLING CODE 6351–01–M 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

List of Institutions of Higher Education 

Ineligible for Federal Funds 

AGENCY: Department of Defense. 

ACTION: Notice. 

SUMMARY: This document is published 

to identify institutions of higher 

education that are ineligible for 

contracts and grants by reason of a 

determination by the Secretary of 

Defense that the institution prohibits or 

in effect prevents military recruiter 

access to the campus, students on 

campus or student directory 

information. It also implements the 

requirements set forth in section 983 of 

title 10, United States Code, and 32 CFR 

Part 216. The institution of higher 

education so identified is: 

New York Law School, New York, New 

York 

ADDRESSES: Director for Accession 

Policy, Office of the Under Secretary of 

Defense for Personnel and Readiness, 

4000 Defense Pentagon, Washington, DC 

20301–4000. 

FOR FURTHER INFORMATION CONTACT: 

Commander Ronda Syring, (703) 695–

5529. 

Dated: September 8, 2005. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 05–18178 Filed 9–13–05; 8:45 am] 

BILLING CODE 5001–06–M 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

U.S. Court of Appeals for the Armed 

Forces Proposed Rule Changes 

ACTION: Notice of Proposed Changes to 

the Rules of Practice and Procedure of 

the United States Court of Appeals for 

the Armed Forces. 

SUMMARY: This notice announces the 

following proposed changes to Rules 36, 

39, 21(b)(6), 24(a), 28(a), 32, 34(b), and 

10(a)(3) of the Rules of Practice and 

Procedure, United States Court of 

Appeals for the Armed Forces for public 

notice and comment. New language is in 

bold print. 

DATES: Comments on the proposed 

changes must be received by October 14, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

William A. DeCicco, Clerk of Court, 

telephone (202) 761–1448 (ext. 600). 

Proposed Revision to Rule 36 

Rule 36. Filing of Pleadings 

(a) In general. Pleadings or other 

papers relative to a case shall be filed in 

the Clerk’s office, 450 E Street, 

Northwest, Washington, DC 20442–

0001, either in person, by mail, or by 

third-party commercial carrier. See Rule 

37(b)(2). 

(b) Filing in person. (no change). 

(c) Filing by mail or third-party 

commercial carrier. If a pleading or 

other paper is filed by mail, such filing 

shall consist of depositing the pleading 

or other paper with the United States 

Postal Service, with no less than firstclass postage prepaid, properly 

addressed to the Clerk’s office. If a 

pleading or other paper is filed through 

a third-party commercial carrier, such 

filing shall consist of delivery to the 

commercial carrier for delivery within 3 

calendar days. 

(d) Time of filing. Pleadings or other 

papers shall be deemed to have been 

filed on the date they are delivered to 

the Clerk’s office under subsection (b) or 

on the date they are mailed or delivered 

to a commercial carrier under 

subsection (c). See Rules 37(b)(1) and 

39(e). 

(e) Non-compliant pleadings. (no 

change).