Incidental Take of Marine Mammals; Taking of Marine Mammals Incidental to Conducting Precision Strike Weapons Testing and Training by Eglin Air Force Base in the Gulf of Mexico, 10241-10242 [E9-5079]
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Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices
Dated: March 6, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–5170 Filed 3–6–09; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XN74
Incidental Take of Marine Mammals;
Taking of Marine Mammals Incidental
to Conducting Precision Strike
Weapons Testing and Training by
Eglin Air Force Base in the Gulf of
Mexico
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of a letter of
authorization.
SUMMARY: In accordance with provisions
of the Marine Mammal Protection Act
(MMPA), as amended, notification is
hereby given that a letter of
authorization (LOA) to take four species
of marine mammals, by harassment,
incidental to testing and training during
Precision Strike Weapons (PSW) tests in
the Gulf of Mexico (GOM), a military
readiness activity, has been issued to
Eglin Air Force Base (AFB).
DATES: This authorization is effective
from March 19, 2009, through March 18,
2010.
ADDRESSES: The application and LOA
are available for review in the Permits,
Conservation, and Education Division,
Office of Protected Resources, NMFS,
1315 East-West Highway, Silver Spring,
MD 20910 or by contacting the
individual mentioned below.
FOR FURTHER INFORMATION CONTACT:
Candace Nachman, NMFS, (301) 713–
2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs NMFS to
allow, upon request, the incidental, but
not intentional, taking of small numbers
of marine mammals by U.S. 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
VerDate Nov<24>2008
15:20 Mar 09, 2009
Jkt 217001
marine mammals. The National Defense
Authorization Act of 2004 (Public Law
108–136) removed the ‘‘small numbers’’
and ‘‘specified geographical region’’
limitations and amended the definition
of ‘‘harassment’’ as it applies to a
‘‘military readiness activity’’ to read as
follows (Section 3(18)(B) of the MMPA):
(i) any act that injures or has the significant
potential to injure a marine mammal or
marine mammal stock in the wild [Level A
Harassment]; or (ii) any act that disturbs or
is likely to disturb a marine mammal or
marine mammal stock in the wild by causing
disruption of natural behavioral patterns,
including, but not limited to, migration,
surfacing, nursing, breeding, feeding, or
sheltering, to a point where such behavioral
patterns are abandoned or significantly
altered [Level B Harassment].
Authorization, in the form of annual
LOAs, may be granted 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. 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,
and on the availability of the species for
subsistence uses, paying particular
attention to rookeries, mating grounds,
and areas of similar significance. The
regulations must include requirements
pertaining to the monitoring and
reporting of such taking. Regulations
governing the taking of marine
mammals incidental to PSW testing and
training within the Eglin Gulf Test and
Training Range (EGTTR) in the GOM,
were published on November 24, 2006
(71 FR 67810), and remain in effect from
December 26, 2006, through December
27, 2011. The species that Eglin AFB
may take during PSW testing and
training are Atlantic bottlenose
(Tursiops truncatus) and Atlantic
spotted dolphins (Stenella frontalis) and
dwarf (Kogia simus) and pygmy sperm
whales (Kogia breviceps).
Issuance of the annual LOA to Eglin
AFB is based on findings made in the
preamble to the final rule that the total
takings by this project would result in
no more than a negligible impact on the
affected marine mammal stocks or
habitats and would not have an
unmitigable adverse impact on
subsistence uses of marine mammals.
NMFS also finds that the applicant will
meet the requirements contained in the
implementing regulations and LOA,
including monitoring and reporting
requirements. Without any mitigation
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
10241
measures, a small possibility exists for
one bottlenose dolphin and one spotted
dolphin to be exposed to blast levels
from the PSW testing sufficient to cause
mortality. Additionally, less than two
cetaceans might be exposed to noise
levels sufficient to induce Level A
harassment (injury) annually, and as
few as 31 or as many as 52 cetaceans
(depending on the season and water
depth) could potentially be exposed
(annually) to noise levels sufficient to
induce Level B harassment in the form
of temporary (auditory) threshold shift
(TTS).
While none of these impact estimates
consider the proposed mitigation
measures that will be employed by Eglin
AFB to minimize potential impacts to
protected species, NMFS has authorized
Eglin AFB a total of one mortality, two
takes by Level A harassment, and 53
takes by Level B harassment (TTS)
annually. However, the proposed
mitigation measures described in the
final rule (71 FR 67810, November 24,
2006) and the LOA are anticipated to
reduce potential impacts to marine
mammals in both numbers and degree
of severity. These measures include a
conservative safety range for marine
mammal exclusion; incorporation of
aerial and shipboard survey monitoring
efforts in the program both prior to and
after detonation of explosives; and a
prohibition on detonations whenever
marine mammals are detected within
the safety zone, may enter the safety
zone at the time of detonation, or if
weather and sea conditions preclude
adequate aerial surveillance. This LOA
may be renewed annually based on a
review of the activity, completion of
monitoring requirements, and receipt of
reports required by the LOA.
Summary of Request
On December 12, 2008, NMFS
received a request for an LOA renewal
pursuant to the aforementioned
regulations that would authorize, for a
period not to exceed 1 year, take of
marine mammals, by harassment,
incidental to PSW testing and training
in the GOM.
Summary of Activity and Monitoring
Conducted During 2008
In 2008, two Joint Air-to-Surface
Stand-Off Missile Jettison Test Vehicles
(JTVs) were released into the GOM on
April 3, 2008, and May 30, 2008. The
JTVs were inert with no control surface
deployment or engine start. Seek Eagle
uses these items to test release
aerodynamic performance of the
weapon, launcher, and aircraft before
permitting the release of the other two
test vehicle configurations. The JTVs
E:\FR\FM\10MRN1.SGM
10MRN1
10242
Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices
were released approximately 20 mi off
the coast of Cape Sand Blas. No marine
mammals were seen during the boat
sweep or at release. No evidence of
injury or death to marine mammals was
noted.
The Small Diameter Bomb (SDB)
releases over the GOM for 2008 were as
follows: two Guided Test Vehicle (GTV)
releases on February 2, 2008, and March
21, 2008 and three Separation Test
Vehicle (STV) releases on November 20,
2008, November 25, 2008, and
December 8, 2008. The GTVs have an
inert fuse. The warhead is filled with
telemetry hardware and has no
explosives. The STVs were also
completely inert. For all SDB releases,
no marine mammals were seen during
the boat sweep or at release. No
evidence of injury or death to marine
mammals was noted.
Authorization
The U.S. Air Force complied with the
requirements of the 2008 LOA, and
NMFS has determined that there was no
take of marine mammals by the U.S. Air
Force in 2008. Accordingly, NMFS has
issued an LOA to Eglin AFB authorizing
the take by harassment of marine
mammals incidental to PSW testing and
training in the EGTTR in the GOM.
Issuance of this LOA is based on
findings described in the preamble to
the final rule (71 FR 67810, November
24, 2006) and supported by information
contained in Eglin’s December, 2008
request for a new LOA that the activities
described under this LOA will not result
in more than the incidental harassment
of certain marine mammal species and
will have a negligible impact on the
affected species or stocks. The provision
requiring that the activity not have an
unmitigable adverse impact on the
availability of the affected species or
stock for subsistence uses does not
apply for this action.
Dated: March 4, 2009.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E9–5079 Filed 3–9–09; 8:45 am]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review;
Comment Request
The United States Patent and
Trademark Office (USPTO) will submit
to the Office of Management and Budget
(OMB) for clearance the following
proposal for collection of information
VerDate Nov<24>2008
15:20 Mar 09, 2009
Jkt 217001
under the provisions of the Paperwork
Reduction Act (44 U.S.C. Chapter 35).
Agency: United States Patent and
Trademark Office (USPTO).
Title: Public User ID Badging.
Form Number(s): PTO–2030, PTO–
2224.
Agency Approval Number: 0651–
0041.
Type of Request: Revision of a
currently approved collection.
Burden: 1,045 hours annually.
Number of Respondents: 10,500
responses per year.
Avg. Hours per Response: The USPTO
estimates that it will take the public
approximately five to ten minutes (0.08
to 0.17 hours) to complete the
information in this collection, including
gathering the necessary information,
preparing the appropriate form, and
submitting the completed request.
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required by 35 U.S.C. 41(I)(1) to
maintain a Public Search Facility to
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security identification badges to
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request an online access card or a
security identification badge and to
register for user training classes.
Affected Public: Individuals or
households; businesses or other forprofits; and not-for-profit institutions.
Frequency: On occasion with annual
renewals for online access cards and
security identification badges.
Respondent’s Obligation: Required to
obtain or retain benefits.
OMB Desk Officer: Nicholas A. Fraser,
e-mail:
Nicholas_A._Fraser@omb.eop.gov.
Once submitted, the request will be
publicly available in electronic format
through the Information Collection
Review page at https://www.reginfo.gov.
Paper copies can be obtained by:
• E-mail: Susan.Fawcett@uspto.gov.
Include ‘‘0651–0041 Public User ID
Badging copy request’’ in the subject
line of the message.
• Fax: 571–273–0112, marked to the
attention of Susan K. Fawcett.
• Mail: Susan K. Fawcett, Records
Officer, Office of the Chief Information
Officer, Customer Information Services
Group, Public Information Services
Division, United States Patent and
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
Written comments and
recommendations for the proposed
information collection should be sent on
or before April 9, 2009 to Nicholas A.
Fraser, OMB Desk Officer, via e-mail at
Nicholas_A._Fraser@omb.eop.gov, or by
fax to 202–395–5167, marked to the
attention of Nicholas A. Fraser.
Dated: March 3, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer, Customer Information
Services Group, Public Information Services
Division.
[FR Doc. E9–5060 Filed 3–9–09; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Intent to Grant Exclusive
Patent License; Camtek Construction
Products Corporation
AGENCY:
ACTION:
Department of the Navy, DoD.
Notice.
SUMMARY: The Department of the Navy
hereby gives notice of its intent to grant
to Camtek Construction Products
Corporation, a revocable, nonassignable,
exclusive license to practice in the field
of use of cleaning storm water for
industrial markets in the United States
and certain foreign countries, for the
Government-owned invention described
in U.S. Patent No. 7,160,465 and
7,025,887 and any continuations,
divisionals or re-issues thereof.
DATES: Anyone wishing to object to the
grant of this license must file written
objections along with supporting
evidence, if any, not later than March
25, 2009.
ADDRESSES: Written objections are to be
filed with the NAVFACESC, EV423,
1100 23rd Avenue, Port Hueneme, CA
93043–4370.
FOR FURTHER INFORMATION CONTACT: Kurt
Buehler, Head, Technology Transfer
Office, NAVFACESC, EV423, 1100 23rd
Avenue, Port Hueneme, CA 93043–
4370, telephone: 805–982–4897. Due to
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4832, e-mail: kurt.buehler@navy.mil or
use courier delivery to expedite
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(Authority: 35 U.S.C. 207, 37 CFR part 404.)
E:\FR\FM\10MRN1.SGM
10MRN1
]]>Agencies
[Federal Register Volume 74, Number 45 (Tuesday, March 10, 2009)]
[Notices]
[Pages 10241-10242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5079]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XN74
Incidental Take of Marine Mammals; Taking of Marine Mammals
Incidental to Conducting Precision Strike Weapons Testing and Training
by Eglin Air Force Base in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of a letter of authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA), as amended, notification is hereby given that a letter of
authorization (LOA) to take four species of marine mammals, by
harassment, incidental to testing and training during Precision Strike
Weapons (PSW) tests in the Gulf of Mexico (GOM), a military readiness
activity, has been issued to Eglin Air Force Base (AFB).
DATES: This authorization is effective from March 19, 2009, through
March 18, 2010.
ADDRESSES: The application and LOA are available for review in the
Permits, Conservation, and Education Division, Office of Protected
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910 or by
contacting the individual mentioned below.
FOR FURTHER INFORMATION CONTACT: Candace Nachman, NMFS, (301) 713-2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
NMFS to allow, upon request, the incidental, but not intentional,
taking of small numbers of marine mammals by U.S. 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. The National Defense Authorization Act of 2004
(Public Law 108-136) removed the ``small numbers'' and ``specified
geographical region'' limitations and amended the definition of
``harassment'' as it applies to a ``military readiness activity'' to
read as follows (Section 3(18)(B) of the MMPA):
(i) any act that injures or has the significant potential to
injure a marine mammal or marine mammal stock in the wild [Level A
Harassment]; or (ii) any act that disturbs or is likely to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not
limited to, migration, surfacing, nursing, breeding, feeding, or
sheltering, to a point where such behavioral patterns are abandoned
or significantly altered [Level B Harassment].
Authorization, in the form of annual LOAs, may be granted 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. 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, and on the availability of the species for subsistence uses,
paying particular attention to rookeries, mating grounds, and areas of
similar significance. The regulations must include requirements
pertaining to the monitoring and reporting of such taking. Regulations
governing the taking of marine mammals incidental to PSW testing and
training within the Eglin Gulf Test and Training Range (EGTTR) in the
GOM, were published on November 24, 2006 (71 FR 67810), and remain in
effect from December 26, 2006, through December 27, 2011. The species
that Eglin AFB may take during PSW testing and training are Atlantic
bottlenose (Tursiops truncatus) and Atlantic spotted dolphins (Stenella
frontalis) and dwarf (Kogia simus) and pygmy sperm whales (Kogia
breviceps).
Issuance of the annual LOA to Eglin AFB is based on findings made
in the preamble to the final rule that the total takings by this
project would result in no more than a negligible impact on the
affected marine mammal stocks or habitats and would not have an
unmitigable adverse impact on subsistence uses of marine mammals. NMFS
also finds that the applicant will meet the requirements contained in
the implementing regulations and LOA, including monitoring and
reporting requirements. Without any mitigation measures, a small
possibility exists for one bottlenose dolphin and one spotted dolphin
to be exposed to blast levels from the PSW testing sufficient to cause
mortality. Additionally, less than two cetaceans might be exposed to
noise levels sufficient to induce Level A harassment (injury) annually,
and as few as 31 or as many as 52 cetaceans (depending on the season
and water depth) could potentially be exposed (annually) to noise
levels sufficient to induce Level B harassment in the form of temporary
(auditory) threshold shift (TTS).
While none of these impact estimates consider the proposed
mitigation measures that will be employed by Eglin AFB to minimize
potential impacts to protected species, NMFS has authorized Eglin AFB a
total of one mortality, two takes by Level A harassment, and 53 takes
by Level B harassment (TTS) annually. However, the proposed mitigation
measures described in the final rule (71 FR 67810, November 24, 2006)
and the LOA are anticipated to reduce potential impacts to marine
mammals in both numbers and degree of severity. These measures include
a conservative safety range for marine mammal exclusion; incorporation
of aerial and shipboard survey monitoring efforts in the program both
prior to and after detonation of explosives; and a prohibition on
detonations whenever marine mammals are detected within the safety
zone, may enter the safety zone at the time of detonation, or if
weather and sea conditions preclude adequate aerial surveillance. This
LOA may be renewed annually based on a review of the activity,
completion of monitoring requirements, and receipt of reports required
by the LOA.
Summary of Request
On December 12, 2008, NMFS received a request for an LOA renewal
pursuant to the aforementioned regulations that would authorize, for a
period not to exceed 1 year, take of marine mammals, by harassment,
incidental to PSW testing and training in the GOM.
Summary of Activity and Monitoring Conducted During 2008
In 2008, two Joint Air-to-Surface Stand-Off Missile Jettison Test
Vehicles (JTVs) were released into the GOM on April 3, 2008, and May
30, 2008. The JTVs were inert with no control surface deployment or
engine start. Seek Eagle uses these items to test release aerodynamic
performance of the weapon, launcher, and aircraft before permitting the
release of the other two test vehicle configurations. The JTVs
[[Page 10242]]
were released approximately 20 mi off the coast of Cape Sand Blas. No
marine mammals were seen during the boat sweep or at release. No
evidence of injury or death to marine mammals was noted.
The Small Diameter Bomb (SDB) releases over the GOM for 2008 were
as follows: two Guided Test Vehicle (GTV) releases on February 2, 2008,
and March 21, 2008 and three Separation Test Vehicle (STV) releases on
November 20, 2008, November 25, 2008, and December 8, 2008. The GTVs
have an inert fuse. The warhead is filled with telemetry hardware and
has no explosives. The STVs were also completely inert. For all SDB
releases, no marine mammals were seen during the boat sweep or at
release. No evidence of injury or death to marine mammals was noted.
Authorization
The U.S. Air Force complied with the requirements of the 2008 LOA,
and NMFS has determined that there was no take of marine mammals by the
U.S. Air Force in 2008. Accordingly, NMFS has issued an LOA to Eglin
AFB authorizing the take by harassment of marine mammals incidental to
PSW testing and training in the EGTTR in the GOM. Issuance of this LOA
is based on findings described in the preamble to the final rule (71 FR
67810, November 24, 2006) and supported by information contained in
Eglin's December, 2008 request for a new LOA that the activities
described under this LOA will not result in more than the incidental
harassment of certain marine mammal species and will have a negligible
impact on the affected species or stocks. The provision requiring that
the activity not have an unmitigable adverse impact on the availability
of the affected species or stock for subsistence uses does not apply
for this action.
Dated: March 4, 2009.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E9-5079 Filed 3-9-09; 8:45 am]
BILLING CODE 3510-22-S
