Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 3713 

feature within the species’ U.S. ranges, 

with the exception of some areas of hard 

substrate where these species have not 

been observed and where it was 

determined larvae and fragments were 

unlikely to settle or attach. Given these 

species’ reduced abundances, and 

because the total surface area of the 

essential feature is far larger than the 

surface area currently occupied by the 

corals, we determined the current 

designation would maximize the 

potential for successful recruitment and 

population growth and is sufficient to 

provide for the conservation of these 

coral species. Section 7 consultations on 

the actions of Federal agencies that may 

affect the designated critical habitat will 

assist in ensuring the availability of the 

essential feature for the corals’ 

colonization and population growth. 

In addition to the existing critical 

habitat designation, the species are 

protected by the recent ESA section 4(d) 

regulations that, with few exceptions for 

research and restoration activities, 

extend all the ESA section 9 

prohibitions to them (73 FR 64264; 

October 29, 2008). We determined that 

the section 4(d) regulations are 

necessary and advisable to provide for 

the conservation of the species. The 

section 4(d) regulations apply regardless 

of whether the species are within 

designated critical habitat. Thus, the 

newly discovered staghorn corals are 

protected even though they occur north 

of the existing critical habitat 

designation. 

The requested revision would 

encompass all the suitable substrate 

feature in an approximately 45 square 

mile (116.5 sq km) area based on 

extending the northern boundary of the 

Florida area approximately 15.5 miles 

(25 km). However, the new information 

on the potential northern expansion of 

staghorn coral’s range has been 

confirmed at approximately 8 miles (13 

km) north of Boynton Beach Inlet, or 

about half of the petitioned expansion. 

In addition, because the identified 

natural unconsolidated hard substrate 

feature is typically patchily distributed 

and does not uniformly cover the entire 

area, the actual area that would be 

available for settlement and recruitment 

in the petitioned area is likely much 

smaller, assuming that conditions 

within the entire area are conducive to 

coral settlement, recruitment, and 

survival everywhere the feature is 

present. The available information 

indicates the staghorn colonies are 

present on only one reef, approximately 

one mile (1.7 km) offshore in 57 ft (17.3 

m) of water, and the substrate feature 

potentially available for future 

colonization by staghorn coral is present 

only in low abundance. Further, given 

the available data about staghorn corals’ 

historic range, we believe it is still a 

question of scientific debate whether the 

petitioned area represents a true 

northward expansion of the species’ 

range, as opposed to a temporary 

opportunistic occupation of the area by 

broken, storm-transported fragments 

outside of their natural range. Similar to 

a few colonies of elkhorn coral recently 

discovered at Flower Garden Banks 

National Marine Sanctuary, the staghorn 

corals in the petitioned area require 

monitoring and evaluation to determine 

whether this is an actual range 

expansion at this point in geologic 

history. The existing designation 

includes all of the suitable substrate 

throughout both corals’ ranges, with the 

exception of the substrate in the 

petitioned area. As we described in the 

existing designation, both species have 

precipitously declined in abundance 

and are sparsely distributed throughout 

their ranges. The essential substrate 

feature included in the existing 

designation is much more abundant 

than the corals, and we have determined 

there is sufficient substrate protected by 

the designation that is available for coral 

settlement, reattachment, recruitment, 

and population growth. 

As noted above, we received the 

current petition to revise critical habitat 

less than 2 months after we finalized the 

existing designation. Designating critical 

habitat in accordance with the 

provisions of the ESA is a significant 

undertaking. The process of designating 

the current critical habitat for elkhorn 

and staghorn corals consumed 

significant personnel resources (i.e., 1.5 

full-time employees) for the better part 

of a 2–year period. Were we to 

undertake a revision of the recently 

designated critical habitat, our limited 

resources would again be diverted from 

other work, which in turn would delay 

the completion of other priorities, yet 

would only realize a very small change 

(offering limited benefits) in the critical 

habitat area for one of the coral species. 

At this time, we believe that a greater 

conservation benefit for both species of 

coral, and the appropriate course of 

action, lie in the completion and 

implementation of a recovery plan that 

is currently under development, and 

that will address all threats inhibiting 

the conservation and recovery of these 

species throughout their ranges. We also 

note that we are currently working to 

implement our mandatory obligations 

under the statute regarding a recently 

received petition to list 83 species of 

corals as endangered or threatened, 8 of 

which co-occur in the Atlantic and 

Caribbean Oceans with staghorn and 

elkhorn corals, and to designate critical 

habitat for these species. 

Petition Determination 

Based on the information above, 

pursuant to the provisions of the ESA 

respecting revision of critical habitat 

and petitions for revision, we have 

determined it is not timely and 

appropriate to revise the recently 

designated critical habitat for elkhorn 

and staghorn corals, and we therefore 

deny the petitioned action. 

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

Dated: January 15, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–1204 Filed 1–21–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No.: 100111018–0020–01] 

Meeting With Interested Public on 

Offsets in Defense Trade 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Notice of open meeting. 

SUMMARY: The Bureau of Industry and 

Security (BIS) publishes this notice to 

announce that the agency will hold a 

meeting on February 3, 2010 for 

organizations interested in learning 

about the changes in the reporting 

requirement for U.S. firms engaged in 

offsets in defense trade, pursuant to 

Title 15 of the Code of Federal 

Regulations, part 701, as provided under 

the rule BIS published in the Federal 

Register on December 23, 2009. U.S. 

Government officials will provide 

information at this meeting on the 

changes in the reporting requirements 

for offset agreements and transactions. 

This meeting is open to the public. 

DATES: The meeting will be held on 

February 3, 2010, 1:30 p.m. e.s.t. 

ADDRESSES: If you wish to attend the 

meeting, please provide your name and 

company or organizational affiliation to 

fax number (202) 482–5650, Attn: Offset 

Briefing, or call (202) 482–3755. If you 

are a foreign national wishing to attend 

the meeting, you are required to provide 

additional information for entry to the 

U.S. Department of Commerce facility. 

Please contact Ron DeMarines at (202) 

482–3755 in advance of the meeting for 

more information on the entry 

requirements for foreign nationals. The 


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3714 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 

meeting will be held at the Herbert C. 

Hoover Building, 14th Street between 

Constitution and Pennsylvania 

Avenues, NW., Room 4830, Washington, 

DC. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact 

Ronald DeMarines at BIS on (202) 482– 

3755 or (202) 482–4506. 

SUPPLEMENTARY INFORMATION: On 

December 23, 2009, BIS published a 

Final Rule in the Federal Register that 

updates and provides clarification with 

regard to the information U.S. firms are 

required to submit each year to BIS to 

support BIS’s preparation of its annual 

report to Congress on offsets in defense 

trade. As set forth in the December 23, 

2009 rule, the revised amendments will 

provide more consistency and less 

ambiguity in defining the scope of the 

offset-related activities that respondents 

report to BIS. Further, the rule 

responded to a recommendation made 

by the Government Accountability 

Office to BIS regarding the collection of 

more precise information on the 

industry sectors in which offset activity 

occurs. The full text of the rule is 

available at 74 FR 68136. In order to 

provide more information on the 

changes to the offset-related reporting 

requirement, BIS will hold a meeting on 

February 3, 2010. This meeting is open 

to the public. In order to prepare for 

those who plan to attend the meeting, 

please submit your name and company 

or organizational affiliation to BIS via 

fax or phone number provided in the 

ADDRESSES section. 

Dated: January 19, 2010. 

Karen H. Nies-Vogel, 

Acting Director, Office of Strategic Industry 

and Economic Security. 

[FR Doc. 2010–1207 Filed 1–21–10; 8:45 am] 

BILLING CODE 3510–JT–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List; Proposed Additions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Proposed additions to the 

procurement list. 

SUMMARY: The Committee is proposing 

to add to the Procurement List a product 

and a service to be provided by 

nonprofit agencies employing persons 

who are blind or have other severe 

disabilities. 

Comments Must Be Received On or 

Before: 2/22/2010. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, Jefferson Plaza 2, Suite 10800, 

1421 Jefferson Davis Highway, 

Arlington, Virginia 22202–3259. 

For Further Information or To Submit 

Comments Contact: Barry S. Lineback, 

Telephone: (703) 603–7740, Fax: (703) 

603–0655, or e-mail 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to 41 U.S.C 

47(a)(2) and 41 CFR 51–2.3. Its purpose 

is to provide interested persons an 

opportunity to submit comments on the 

proposed actions. 

Additions 

If the Committee approves the 

proposed additions, the entities of the 

Federal Government identified in this 

notice for each product and service will 

be required to provide the product and 

service listed below from nonprofit 

agencies employing persons who are 

blind or have other severe disabilities. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. If approved, the action will not 

result in any additional reporting, 

recordkeeping or other compliance 

requirements for small entities other 

than the small organizations that will 

provide a product and a service to the 

Government. 

2. If approved, the action will result 

in authorizing small entities to provide 

a product and a service to the 

Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with a product and a service 

proposed for addition to the 

Procurement List. 

Comments on this certification are 

invited. Commenters should identify the 

statement(s) underlying the certification 

on which they are providing additional 

information. 

End of Certification 

The following product and service are 

proposed for addition to Procurement 

List provided by the nonprofit agencies 

listed: 

Product 

NSN: 8105–00–NIB–1300—Grain Bag. 

NPA: Mississippi Industries for the Blind, 

Jackson, MS. 

Contracting Activity: Department of 

Agriculture, Animal and Plant Health 

Inspection Service, Minneapolis, MN. 

Coverage: C–List for the requirements of the 

Department of Agriculture, Animal and 

Plant Health Inspection Service, 

Minneapolis, MN. 

Service 

Service Type/Location: Dining Facility 

Attendant Service and Cook Support, 

Fort Lewis and McChord AFB, WA. 

NPA: Lakeview Center, Pensacola, FL. 

Contracting Activity: Mission & Installation 

Contracting Command Center-Fort Knox 

(MICC CEN-FTK), Ft Knox, KY. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2010–1211 Filed 1–21–10; 8:45 am] 

BILLING CODE 6353–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DOD–2010–OS–0004] 

Privacy Act of 1974; System of 

Records 

AGENCY: Office of the Secretary, DoD. 

ACTION: Notice to delete a system of 

records. 

SUMMARY: The Office of the Secretary of 

Defense proposes to delete DWHS P08 

systems of records notice from its 

existing inventory of record systems 

subject to the Privacy Act of 1974, (5 

U.S.C. 552a), as amended. 

DATES: This proposed action will be 

effective without further notice on 

February 22, 2010 unless comments are 

received which result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

* Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

* Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Cindy Allard at (703) 588–6830. 

SUPPLEMENTARY INFORMATION: The Office 

of the Secretary of Defense systems of 


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