Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Notices 31411 

incorporate the latest technologies. 

Third, consistent with the Recovery Act, 

a limited waiver will help stimulate job 

growth for construction workers, 

technicians, equipment designers, 

engineers, and others who will operate 

the broadband infrastructure. Fourth, 

while the Office of Management and 

Budget has clarified which countries 

would be exempt from the Buy 

American provision, some of the key 

countries that produce broadband 

equipment would not be exempt. 

Finally, the broadband industry is very 

dynamic and global, and equipment can 

change over the course of a buildout. 

Subjecting public applicants for BTOP 

funds to the Buy American provision 

ultimately would slow broadband 

deployment and undermine the 

broadband initiatives. 

III. WAIVER 

On June 19, 2009, based on the public 

interest finding discussed above and 

pursuant to section 1605(c), the 

Secretary granted a limited waiver of the 

Recovery Act’s Buy American 

requirements with respect to BTOP 

funds used for the following essential 

components of a modern broadband 

infrastructure: 

• Broadband Switching Equipment — 

Equipment necessary to establish a 

broadband communications path 

between two points. 

• Broadband Routing Equipment — 

Equipment that routes data packets 

throughout a broadband network. 

• Broadband Transport Equipment — 

Equipment for providing 

interconnection within the broadband 

provider’s network. 

• Broadband Access Equipment — 

Equipment facilitating the last mile 

connection to a broadband subscriber. 

• Broadband Customer Premises 

Equipment and End-User Devices — 

End-user equipment that connects to a 

broadband network. 

• Billing/Operations Systems — 

Equipment that is used to manage and 

operate a broadband network or offer a 

broadband service. 

Note that this list does not include 

fiber optic cables, coaxial cables, cell 

towers, and other facilities that are 

produced in the United States in 

sufficient quantities to be reasonably 

available as end products. To the extent 

that an applicant wishes to use 

equipment that is not covered by this 

waiver, it may seek a waiver on a caseby-case basis as part of its application 

for BTOP funds, stating the statutory 

exemption upon which it is relying and 

its rationale for receiving a waiver. 

Further information on how to apply for 

a waiver will be available in BTOP 

Application Guidelines. 

Dated: June 26, 2009. 

Anna M. Gomez, 

Acting Assistant Secretary for 

Communications and Information. 

[FR Doc. E9–15514 Filed 6–30–09; 8:45 am] 

BILLING CODE 3510–60–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XP04 

Notice of Intent to Prepare an 

Environmental Impact Statement for 

Sea Turtle Conservation and Recovery 

in Relation to the Atlantic Ocean and 

Gulf of Mexico Trawl Fisheries and to 

Conduct Public Scoping Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; Extension of public 

comment period. 

SUMMARY: In response to requests from 

members of the public, NMFS extends 

the public comment period on the 

notice of intent to prepare an 

Environmental Impact Statement (EIS) 

to comply with the National 

Environmental Policy Act (NEPA) by 

assessing potential impacts resulting 

from the proposed implementation of 

new sea turtle regulations in the 

Atlantic and Gulf of Mexico trawl 

fisheries. The comment period is now 

extended for an additional 30 days until 

August 10, 2009. 

DATES: Comments will be accepted until 

August 10, 2009. Comments received or 

postmarked after that date will be 

considered to the extent practicable. 

ADDRESSES: Written comments on the 

scope of the EIS should be sent to 

Alexis.Gutierrez@noaa.gov, 1315 East 

West Highway, Silver Spring, MD 

20910; 301–713–2322 or fax 301–713– 

4060. Additional information, including 

the Scoping document, can be found at: 

http://www.nmfs.noaa.gov/pr/species/ 

turtles/strategy.htm. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Klemm (ph. 727–824–5312, fax 

727–824–5309, email 

Dennis.Klemm@noaa.gov), Pasquale 

Scida (ph. 978–281–9208, fax 978–281– 

9394, email Pasquale.Scida@noaa.gov), 

Alexis Gutierrez (ph. 301–713–2322, fax 

301–713–4060, email 

Alexis.Gutierrez@noaa.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

On May 8, 2009, NMFS published a 

Notice of Intent to Prepare an 

Environmental Impact Statement (EIS) 

for Sea Turtle Conservation and 

Recovery in Relation to the Atlantic 

Ocean and Gulf of Mexico Trawl 

Fisheries and to Conduct Public 

Scoping Meetings (74 FR 21627). The 

Notice announced that NMFS is 

developing rulemaking to address sea 

turtle bycatch in state and Federal trawl 

fisheries under the Endangered Species 

Act. The notice also announced that 

NMFS would conduct five public 

scoping meetings. NMFS has now 

conducted those scoping meetings and 

has been asked to extend the comment 

period for an additional 30 days. 

NMFS is asking for public comment 

on the alternatives outlined in the 

scoping document. NMFS will evaluate 

a range of alternatives in the Draft EIS 

for implementing phase one of the 

Strategy to reduce sea turtle bycatch and 

mortality in trawl fisheries along the 

Atlantic Coast. In addition to evaluating 

the status quo, NMFS will evaluate a 

range of alternatives including which 

Atlantic trawl fisheries will be 

regulated, the temporal and spatial 

aspects of the regulation and the 

potential changes to the operation of 

Atlantic trawl fisheries. These 

alternatives could include time and area 

closures, requiring the use of TEDs in 

the summer flounder, whelk, croaker 

and weakfish flynet and calico scallop 

trawls for the entire Atlantic Coast, as 

well as combination of spatial and 

temporal options. In terms of spatial 

options, sea turtles in U.S. waters range 

as far North as Georges Bank and the 

Gulf of Maine, but may be less likely to 

interact with a fishery towards the 

northern extent of this range. NMFSwill 

likely evaluate several alternatives 

related to the northern/northeastern 

extent of any required gear modification 

or other regulation. Similarly, several 

alternatives will likely be evaluated for 

the temporal extent of when a regulation 

would be in effect, as sea turtles migrate 

north along the Atlantic coast as waters 

warm each year, and are only present in 

more northern areas during the warmer 

months. The public scoping document, 

the powerpoint presentation and the 

Notice of Intent can be found at http:// 

www.nmfs.noaa.gov/pr/species/turtles/ 

strategy.htm. The public comment 

period is now extended 30 days and 

will close on August 10, 2009. 

31412 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Notices 

Dated: June 24, 2009. 

James H. Lecky, 

Office Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–15552 Filed 6–30–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XP85 

Incidental Taking of Marine Mammals; 

Taking of Marine Mammals Incidental 

to the Explosive Removal of Offshore 

Structures in the Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of letters of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) and implementing regulations, 

notification is hereby given that NMFS 

has issued one-year Letters of 

Authorization (LOA) to take marine 

mammals incidental to the explosive 

removal of offshore oil and gas 

structures (EROS) in the Gulf of Mexico. 

DATES: These authorizations are 

effective from July 1, 2009 through June 

30, 2010. 

ADDRESSES: The application and LOAs 

are available for review by writing to P. 

Michael Payne, Chief, Permits, 

Conservation, and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3235 or by telephoning the 

contact listed here (see FOR FURTHER

INFORMATION CONTACT), or online at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

notice may be viewed, by appointment, 

during regular business hours, at the 

aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein or Ken Hollingshead, 

Office of Protected Resources, NMFS, 

301–713–2289. 

SUPPLEMENTARY INFORMATION: Section 

101(a)(5)(A) of the MMPA (16 U.S.C. 

1361 et seq.) directs the NMFS to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by United States 

citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region, 

if certain findings are made by NMFS 

and regulations are issued. Under the 

MMPA, the term ‘‘taking’’ means to 

harass, hunt, capture, or kill or to 

attempt to harass, hunt capture, or kill 

marine mammals. 

Authorization for incidental taking, in 

the form of annual LOAs, may be 

granted by NMFS for periods up to five 

years if NMFS finds, after notification 

and opportunity for public comment, 

that the taking will have a negligible 

impact on the species or stock(s) of 

marine mammals, and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). In 

addition, NMFS must prescribe 

regulations that include permissible 

methods of taking and other means 

effecting the least practicable adverse 

impact on the species and its habitat 

(i.e., mitigation), and on the availability 

of the species for subsistence uses, 

paying particular attention to rookeries, 

mating rounds, and areas of similar 

significance. The regulations also must 

include requirements pertaining to the 

monitoring and reporting of such taking. 

Regulations governing the taking 

incidental to EROS were published on 

June 19, 2008 (73 FR 34889), and remain 

in effect through July 19, 2013. For 

detailed information on this action, 

please refer to that Federal Register 

notice. The species that applicants may 

take in small numbers during EROS 

activities are bottlenose dolphins 

(Tursiops truncatus), Atlantic spotted 

dolphins (Stenella frontalis), 

pantropical spotted dolphins (Stenella 

attenuata), Clymene dolphins (Stenella 

clymene), striped dolphins (Stenella 

coeruleoalba), spinner dolphins 

(Stenella longirostris), rough-toothed 

dolphins (Steno bredanensis), Risso’s 

dolphins (Grampus griseus), melonheaded whales (Peponocephala electra), 

short-finned pilot whales (Globicephala 

macrorhynchus), and sperm whales 

(Physeter macrocephalus). 

Pursuant to these regulations, NMFS 

has issued an LOA to St. Mary Land & 

Exploration Company and Apache 

Corporation. Issuance of these LOAs is 

based on a finding made in the 

preamble to the final rule that the total 

taking by these activities (with 

monitoring, mitigation, and reporting 

measures) will result in no more than a 

negligible impact on the affected species 

or stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on subsistence uses. NMFS also finds 

that the applicants will meet the 

requirements contained in the 

implementing regulations and LOA, 

including monitoring, mitigation, and 

reporting requirements. 

Dated: June 25, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–15551 Filed 6–30–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Five-year (‘‘Sunset’’) 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In accordance with section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) is 

automatically initiating a five-year 

review (‘‘Sunset Review’’) of the 

antidumping duty orders listed below. 

The International Trade Commission 

(‘‘the Commission’’) is publishing 

concurrently with this notice its notice 

of Institution of Five-year Review which 

covers the same orders. 

EFFECTIVE DATE: July 1, 2009. 

FOR FURTHER INFORMATION CONTACT: The 

Department official identified in the 

Initiation of Review section below at 

AD/CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street & Constitution 

Avenue, NW, Washington, DC 20230. 

For information from the Commission 

contact Mary Messer, Office of 

Investigations, U.S. International Trade 

Commission at (202) 205–3193. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department’s procedures for the 

conduct of Sunset Reviews are set forth 

in its Procedures for Conducting Fiveyear (‘‘Sunset’’) Reviews of 

Antidumping and Countervailing Duty 

Orders, 63 FR 13516 (March 20, 1998) 

and 70 FR 62061 (October 28, 2005). 

Guidance on methodological or 

analytical issues relevant to the 

Department’s conduct of Sunset 

Reviews is set forth in the Department’s 

Policy Bulletin 98.3 - Policies Regarding 

the Conduct of Five-year (‘‘Sunset’’) 

Reviews of Antidumping and 

Countervailing Duty Orders: Policy 

Bulletin, 63 FR 18871 (April 16, 1998). 

Initiation of Review 

In accordance with 19 CFR 

351.218(c), we are initiating the Sunset 

Review of the following antidumping 

duty orders: