FRN to Clarify NOFA

Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices
(3) is consistent with the purposes and
policies set forth in section 2 of the
ESA.

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XQ70

Marine Mammals; File No. 1054–1731

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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit
amendment.
SUMMARY: Notice is hereby given that
the University of Florida, Aquatic
Animal Program, College of Veterinary
Medicine, 2015 SW 16th Avenue,
Gainesville, FL 32610 [Dr. Ruth FrancisFloyd, Responsible Party] has been
issued an amendment to scientific
research Permit No. 1054–1731.
ADDRESSES: The amendment and related
documents are available for review
upon written request or by appointment
in the following office(s):
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) 713–0376; and
Southeast Region, NMFS, 263 13th
Avenue South, Saint Petersburg, Florida
33701; phone (727) 824–5312; fax (727)
824–5309.
FOR FURTHER INFORMATION CONTACT:
Amy Sloan or Jennifer Skidmore, (301)
713–2289.
SUPPLEMENTARY INFORMATION: The
requested amendment has been granted
under the authority of the Marine
Mammal Protection Act of 1972, as
amended (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.), the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR 222–226), and the Fur Seal Act of
1966, as amended (16 U.S.C. 1151 et
seq.).
This minor amendment extends the
expiration date of the permit from July
31, 2009 to July 31, 2010. The permit
authorizes the Permit Holder to receive,
import, and export marine mammal and
threatened and endangered species
under NMFS jurisdiction. No takes of
live animals are authorized by the
permit.
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 endangered species; and

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Dated: July 30, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–19292 Filed 8–11–09; 8:45 am]
BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket No. 0908061222–91222–02]
RIN 0660–ZA29

State Broadband Data and
Development Grant Program
AGENCY: National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice of Funds Availability;
clarification.
SUMMARY: The National
Telecommunications and Information
Administration (NTIA), U.S.
Department of Commerce, publishes
this Notice to provide clarification of
the information requirements for State
Broadband Data and Development Grant
Program awardees stated in the Notice
of Funds Availability and Solicitation of
Applications (Notice) published on July
8, 2009.
DATES: NTIA will accept applications
until August 14, 2009, at 11:59 p.m.
Eastern Time (ET).
ADDRESSES: All applications must be
submitted through the online Grants.gov
system no later than 11:59 p.m. ET on
August 14, 2009, as more fully
described in the Notice published on
July 8, 2009.
FOR FURTHER INFORMATION CONTACT:
Anne W. Neville, Program Director,
State Broadband Data and Development
Grant Program, National
Telecommunications and Information
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW., Room 4716, Washington, DC
20230; by telephone at (202) 482–4949
or via electronic mail at
[email protected].
Information about the State Broadband
Data and Development Grant Program
can also be obtained electronically via
the Internet at http://www.ntia.doc.gov/
broadbandgrants.
SUPPLEMENTARY INFORMATION: On July 8,
2009, NTIA published a Notice in the
Federal Register to announce the

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availability of funds for the State
Broadband Data and Development Grant
Program pursuant to the authority
provided in the American Recovery and
Reinvestment Act of 2009 (Recovery
Act), Public Law 111–5, 123 Stat. 115
(2009) and the Broadband Data
Improvement Act (BDIA), Title 1, Public
Law 110–385, 122 Stat. 4096 (2008).1
The Technical Appendix of the Notice
directs awardees to provide a timeline
for anticipated dates of data delivery,
including the provision of a
substantially complete set of the
following information to NTIA
regarding each provider’s service area
no later than February 1, 2010:
broadband service availability by
service address and by shapefile for
wireless services; residential broadband
service pricing based on average
revenue per end user and weighted
average speed; broadband service
infrastructure based, specifically lastmile and middle-mile connection
points; and a listing of community
anchor institutions.2 The Technical
Appendix also includes a description of
the specific technical formats to be used
when submitting the data. In addition to
the information the Technical Appendix
requires to be provided, the Notice
requires applicants to provide a
comprehensive description of plans to
obtain all data required under the
Technical Appendix regarding service
provided by commercial or public
providers as part of the application to be
submitted between July 14, 2009 and
August 14, 2009.3
Technical Appendix Clarification
This Notice is intended to clarify the
exact level of detail required by the
information collection set forth in the
following sections of the Technical
Appendix.
1. Broadband Service Availability in
Provider’s Service Area
(a) Availability by Service Address—
Service Associated With Specific
Addresses
In lieu of reporting address-specific
data, Awardees may satisfy the
requirements of this section of the
Technical Appendix by providing
1 State Broadband Data and Development Grant
Program, Notice of Funds Availability and
Solicitation of Applications, 74 FR 32545 (July 8,
2009) (Notice).
2 Notice at Technical Appendix A, 74 FR at
32557–32564. The Notice also states that applicants
must demonstrate that they have the ability to
provide a substantially complete set of all
broadband mapping data on or before February 1,
2010 and complete the data collection on or before
March 1, 2010. See id. at 32552, 32553.
3 Notice, 74 FR at 32552.

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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices

NTIA, for each facilities-based provider
of broadband service in their state, a list
of all census blocks of no greater than
two square miles in area in which
broadband service is available to end
users, along with the associated service
characteristics identified in the
Technical Appendix. For those census
blocks larger in area than two square
miles, Awardees must provide NTIA, for
each facilities-based provider of
broadband service in their state, either
the address-specific data as described in
the original Notice or a list of all street
segments with address ranges in such
census blocks, as contained within the
U.S. Census Bureau’s TIGER 4/Line Files
or such other database of at least
equivalent granularity, in which
broadband service is available to end
users, along with the associated service
characteristics identified in the
Technical Appendix. Awardees are not
required to report the 11 fields of data
expressly denominated as ‘‘End User’’
fields in the Record Format chart.
Additionally, Awardees are not required
to provide Maximum Advertised
Downstream or Maximum Advertised
Upstream Speed at the address level and
may satisfy this requirement by
providing such speeds across each
service area or local franchise area, by
Metropolitan or Rural Statistical Area.
(b) Availability by Shapefile—Wireless
Services not Provided to a Specific
Address
With respect to the ‘‘Availability Area
Shapefile Details,’’ item 4 will be
satisfied if each polygon indicates the
subscriber broadband service authorized
maximum downstream and upstream
speed available.
2. Residential Broadband Service
Pricing in Provider’s Service Area
(a) Average Revenue per End User and
Weighted Average Speed
Awardees are not required to report
average revenue per end user. Awardees
must satisfy the remaining conditions of
this section, provided that such data
may be reported across a provider’s
service or local franchise area, by
Metropolitan or Rural Statistical Area.

network service area availability data
required under Section 1 of the
Technical Appendix by other means,
the Awardee should be prepared to
conduct verification by reference to the
first points of aggregation in the
networks (serving facilities) used by
facilities-based providers to provide
broadband service to end users, as
described in this section of the
Technical Appendix.
Clarification With Respect to Use of
Data
NTIA intends no changes to the use
of data collected hereunder, except to
the extent that the clarifications and
deferrals provided in this Notice may
affect the type and level of detail of the
data reported, or as otherwise expressly
provided in this Notice. In light of these
clarifications and deferrals, NTIA
intends to identify all broadband
providers by name on the broadband
map, rather than leaving such
identification to the discretion of the
provider.5 Thus, an address-specific
search of the map shall identify the
names of all providers whose service is
available in the corresponding census
block or street segment.
With respect to nondisclosure
agreements between broadband service
providers and awardees (see Notice
Section V(B)), NTIA expects awardees to
enter into such agreements upon the
request of the service provider. Further,
NTIA will condition its disclosure of
Confidential Information to the FCC or
other Federal agencies upon the
agency’s agreement to treat the data as
confidential as provided in the Notice
and as otherwise consistent with
applicable law.
All other requirements provided in
the Notice published on July 8, 2009,
remain unchanged.
Dated: August 7, 2009.
Lawrence E. Strickling,
Assistant Secretary for Communications and
Information.
[FR Doc. E9–19326 Filed 8–7–09; 4:15 pm]
BILLING CODE 3560–60–P

3. Broadband Service Infrastructure in
Provider’s Service Area

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(a) Last-Mile Connection Points
Awardees are not required to report
the data identified in this section.
Nevertheless, to the extent an Awardee
is unable to reasonably verify the
4 Topologically

Integrated Geographic Encoding
and Referencing (TIGER) is available at http://
www.census.gov.

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5 In light of the clarification regarding reporting
of availability data at a census block or street
segment level rather than street address level, the
definition of ‘‘Confidential Information’’ in section
III of the Notice published on July 8, 2009, shall no
longer include the identification of a service
provider’s specific Service Area. A service
provider’s ‘‘footprint’’ will likewise no longer be
included in the definition of ‘‘Confidential
Information.’’ Notice, 74 FR at 32549.

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CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 09–C0031]

Ross Stores, Inc., Provisional
Acceptance of a Settlement Agreement
and Order
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice.
SUMMARY: It is the policy of the
Commission to publish settlements
which it provisionally accepts under the
Consumer Product Safety Act in the
Federal Register in accordance with the
terms of 16 CFR 1118.20(e). Published
below is a provisionally accepted
Settlement Agreement with Ross Stores,
Inc., containing a civil penalty of
$500,000.00.
DATES: Any interested person may ask
the Commission not to accept this
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by August 27,
2009.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to
Comment 09–C0031, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East-West Highway,
Room 502, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
Renee K. Haslett, Trial Attorney,
Division of Compliance, Office of the
General Counsel, Consumer Product
Safety Commission, 4330 East-West
Highway, Bethesda, Maryland 20814–
4408; telephone (301) 504–7673.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.

Dated: August 6, 2009.
Todd A. Stevenson,
Secretary.

In the Matter of Ross Stores, Inc.;
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Ross Stores, Inc. (‘‘Ross’’) and the staff
(‘‘Staff’’) of the United States Consumer
Product Safety Commission
(‘‘Commission’’) enter into this
Settlement Agreement (‘‘Agreement’’).
The Agreement and the incorporated
attached Order (‘‘Order’’) settle the
Staff’s allegations set forth below.
Parties
2. The Commission is an independent
federal regulatory agency established
pursuant to, and responsible for the
enforcement of, the Consumer Product

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