58566 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 

e. By project types. 

iii. Whether this project duplicates 

other projects funded or considered for 

funding by NOAA or other Federal 

agencies. 

iv. Program priorities and policy 

factors. 

v. Applicant’s prior award 

performance. 

vi. Partnerships and/or participation 

of targeted groups. 

vii. Adequacy of information 

necessary for NOAA staff to make a 

National Environmental Policy Act 

(NEPA) determination and draft 

necessary documentation before 

recommendations for funding are made 

to the Grants Officer. 

Intergovernmental Review: 

Applications under this program are not 

subject to Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs.’’ 

Limitation of Liability: In no event 

will NOAA or the Department of 

Commerce be responsible for proposal 

preparation costs if these programs fail 

to receive funding or are cancelled 

because of other agency priorities. 

Publication of this announcement does 

not oblige NOAA to award any specific 

project or to obligate any available 

funds. 

National Environmental Policy Act 

(NEPA): NOAA must analyze the 

potential environmental impacts, as 

required by the National Environmental 

Policy Act (NEPA), for applicant 

projects or proposals which are seeking 

NOAA federal funding opportunities. 

Detailed information on NOAA 

compliance with NEPA can be found at 

the following NOAA NEPA Web site: 

http://www.nepa.noaa.gov/, including 

our NOAA Administrative Order 216–6 

for NEPA, http://www.nepa.noaa.gov/ 

NAO216_6_TOC.pdf, and the Council 

on Environmental Quality 

implementation regulations, http:// 

ceq.eh.doe.gov/nepa/regs/ceq/ 

toc_ceq.htm. Consequently, as part of an 

applicant’s package, and under their 

description of their program activities, 

applicants are required to provide 

detailed information on the activities to 

be conducted, locations, sites, species 

and habitat to be affected, possible 

construction activities, and any 

environmental concerns that may exist 

(e.g., the use and disposal of hazardous 

or toxic chemicals, introduction of nonindigenous species, impacts to 

endangered and threatened species, 

aquaculture projects, and impacts to 

coral reef systems). In addition to 

providing specific information that will 

serve as the basis for any required 

impact analyses, applicants may also be 

requested to assist NOAA in drafting of 

an environmental assessment, if NOAA 

determines an assessment is required. 

Applicants will also be required to 

cooperate with NOAA in identifying 

feasible measures to reduce or avoid any 

identified adverse environmental 

impacts of their proposal. The failure to 

do so shall be grounds for not selecting 

an application. In some cases if 

additional information is required after 

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: 

The Department of Commerce PreAward Notification Requirements for 

Grants and Cooperative Agreements 

contained in the Federal Register notice 

of February 11, 2008 (73 FR 7696), 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, 

and 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, nor shall 

a 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 

for the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) are inapplicable. 

Therefore, a regulatory flexibility 

analysis has not been prepared. 

Dated: October 1, 2008. 

Mark E. Brown, 

Chief Financial Officer/Chief Administrative 

Officer, Oceanic and Atmospheric Research, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. E8–23661 Filed 10–6–08; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XJ28 

Endangered Species; File No. 13330 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Issuance of permit. 

SUMMARY: Notice is hereby given that 

the Southeast Fisheries Science Center 

(SEFSC), National Marine Fisheries 

Service (NMFS), 75 Virginia Beach 

Drive Miami, Florida 33149, has been 

issued a permit to take smalltooth 

sawfish (Pristis pectinata) for purposes 

of scientific research. 

ADDRESSES: The permits 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; and 

Southeast Region, NMFS, 263 13th 

Ave South, St. Petersburg, FL 33701; 

phone (727)824–5312; fax (727)824– 

5309. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Opay or Jennifer Skidmore, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On April 

2, 2008, notice was published in the 

Federal Register (73 FR 17955) that a 

request for scientific research permit to 

take smalltooth sawfish had been 

submitted by the above–named 

institution. The requested permit has 

been issued 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 parts 222–226). 

The research will be conducted each 

year over the course of a five-year 

permit in coastal waters of Florida. Up 

to 45 smalltooth sawfish will be taken 

annually using nets and hook and line 

gear. Researchers will conduct a variety 

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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Notices 58567 

sampling and tagging activities in order 

to collect biological and ecological 

information on these species that will 

help efforts to conserve them. Up to 2 

loggerhead (Caretta caretta) and one 

green (Chelonia mydas) or hawksbill 

(Eretmochelys imbricata) or leatherback 

(Dermochelys coriacea) or Kemp’s 

ridley (Lepidochelys kempii) sea turtle, 

and one American crocodile 

(Crocodylus acutus) could be lethally 

taken during the smalltooth sawfish 

research. 

Issuance of this permit, 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: October 1, 2008. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–23741 Filed 10–6–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XK94 

Gulf of Mexico Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council will convene 

public meetings. 

DATES: The meetings will be held 

October 27–30, 2008. 

ADDRESSES: The meetings will be held at 

the Renaissance Riverview Plaza, 64 S. 

Water St., Mobile, AL 36602. 

Council address: Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607. 

FOR FURTHER INFORMATION CONTACT: 

Richard Leard, Interim Executive 

Director, Gulf of Mexico Fishery 

Management Council; telephone: (813) 

348–1630. 

SUPPLEMENTARY INFORMATION: 

Council 

Wednesday, October 29, 2008 

1 p.m. - The Council meeting will 

begin with a review of the agenda and 

minutes. 

From 1:15 p.m. - 1:30 p.m., the 

Council will approve the 2009 

Committee Rosters. 

From 1:30 p.m. - 3:30 p.m., the 

Council will receive public testimony 

on exempted fishing permits (EFPs), if 

any; the Final Aquaculture Fishery 

Management Plan (FMP); and hold an 

Open Public Comment Period regarding 

any fishery issue of concern. People 

wishing to speak before the Council 

should complete a public comment card 

prior to the comment period. 

From 3:30 p.m. - 5:30 p.m., the 

Council will review and discuss reports 

from the previous two days’ committee 

meetings as follows: Joint Reef Fish/ 

Mackerel/Red Drum, Ad Hoc 

Allocation, and Reef Fish Management. 

The following will be, in part, 

CLOSED SESSIONS - Joint Scientific 

and Statistical Committee (SSC) 

Selection/Administrative Policy and 

Budget/Personnel. 

Thursday, October 30, 2008 

From 8:30 a.m. - 10:30 a.m., the 

Council will continue to review and 

discuss reports from the committee 

meetings as follows: Joint SSC 

Selection/Administrative Policy; 

Budget/Personnel; Operator Permits; 

Law Enforcement; Outreach & 

Education (O&E); Habitat Protection; 

Migratory Species; and Marine Reserves. 

From 10:30 a.m. - 11 a.m., the Council 

will receive a report from the SSC of its 

Review of the 5-year Research Plan. 

From 11 a.m. - 12 p.m., other business 

items will follow. The Council will 

conclude its meeting at approximately 

12 p.m. 

Committees 

Monday, October 27, 2008 

1 p.m. - 3 p.m. - The Ad Hoc 

Allocation Committee will meet to 

discuss Draft Allocation Principles. 

3 p.m. - 4 p.m. - The Operator Permits 

Committee will meet to discuss a Draft 

Scoping Document for Generic Operator 

Permit Amendment. 

4 p.m. - 4:30 p.m. - The Law 

Enforcement Committee will meet to 

discuss the 2009–12 Strategic Plan and 

the 2009–10 Operations Plan. 

4:30 p.m. - 5 p.m. - The Outreach and 

Education Committee will meet to 

discuss proposed agenda for the O&E 

Advisory Panel (AP) Meeting. 

5 p.m. - 7 p.m. - There will be an 

Open Public Question and Answer 

Session and Public Hearing on the 

Aquaculture FMP. 

Tuesday, October 28, 2008 

8:30 a.m. - 11 a.m. - The Reef Fish 

Management Committee will meet to 

discuss the Ad Hoc Recreational Red 

Snapper AP Recommendations, review 

an Update on Endangered Species Act 

(ESA) Biological Opinion on sea turtle 

bycatch, consider red snapper 

recreational seasons and establishing a 

Vessel Monitoring System AP. 

11 a.m. - 12 p.m. - The Budget/ 

Personnel Committee will meet to 

discuss the status of 2008 budget; FY 

2009 budget; and will have a CLOSED 

SESSION to discuss the Executive 

Director search status. 

1:30 p.m. - 3:30 p.m. - The Joint Reef 

Fish/Mackerel/Red Drum Management 

Committee will meet to discuss the 

Final Aquaculture FMP. 

3:30 p.m. - 5 p.m. - The Joint SSC 

Selection Committee/Administrative 

Policy Committee will meet to Review 

the SSC’s role and appointment process 

and in a CLOSED SESSION review the 

SSC membership. 

Wednesday, October 29, 2008 

8:30 a.m. - 9:30 a.m. - The Migratory 

Species Committee will receive a 

presentation on Amendment 3 to the 

HMS FMP (Small Coastal Sharks) and 

Amendment 4 to the Highly Migratory 

Species (HMS) FMP (Caribbean Issues). 

9:30 a.m. - 10:30 a.m. - The Marine 

Reserves Committee will receive a 

presentation on marine protected area 

(MPA) Framework and Proposed 

Nomination Process and may comment 

on an advanced notice of proposed rule 

(ANPR) for consultations under the 

National Marine Sanctuaries Act 

(NMSA). 

10:30 a.m. - 11:30 a.m. - The Habitat 

Protection Committee will receive a 

presentation on Amendment 1 to the 

HMS EFH FMP. 

Although other non-emergency issues 

not on the agendas may come before the 

Council and Committees for discussion, 

in accordance with the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), those issues may not be the subject 

of formal action during these meetings. 

Actions of the Council and Committees 

will be restricted to those issues 

specifically identified in the agendas 

and any issues arising after publication 

of this notice that require emergency 

action under Section 305(c) of the 

Magnuson-Stevens Act, provided the 

public has been notified of the Council’s 

intent to take action to address the 

emergency. The established times for 

addressing items on the agenda may be 

mstockstill on PROD1PC66 with NOTICES