Taking and Importing Marine Mammals; Navy Training Activities Conducted in the Gulf of Alaska, 5575-5576 [2010-2286]

Download as PDF Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Import Administration no later than seven days after the date the final verification report is issued in this proceeding and rebuttal briefs, limited to issues raised in case briefs, no later than five days after the deadline for submitting case briefs. See 19 CFR 351.309(c)(1)(i) and (d)(1). A list of authorities used and an executive summary of issues should accompany any briefs submitted to the Department. This summary should be limited to five pages total, including footnotes. In accordance with section 774 of the Act, we will hold a public hearing, if requested, to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs. If a request for a hearing is made, we intend to hold the hearing three days after the deadline of submission of rebuttal briefs at the U.S. Department of Commerce, 14th Street and Constitution Ave, NW., Washington, DC 20230, at a time and in a room to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Interested parties that wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room 1870, within 30 days after the date of publication of this notice. See 19 CFR 351.310(c). Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. At the hearing, each party may make an affirmative presentation only on issues raised in that party’s case brief and may make rebuttal presentations only on arguments included in that party’s rebuttal brief. jlentini on DSKJ8SOYB1PROD with NOTICES Postponement of Final Determination and Extension of Provisional Measures Pursuant to section 735(a)(2) of the Act, on January 14, 2010, Hung Kuo requested that in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination by 60 days. Additionally, on January 15, 2010, Hung Kuo requested that the Department extend the application of the provisional measures prescribed under 19 CFR 351.210(e)(2) from a 4month period to a 6-month period. In accordance with section 733(d) of the Act and 19 CFR 351.210(b), we are granting the request and are postponing the final determination until no later VerDate Nov<24>2008 16:34 Feb 02, 2010 Jkt 220001 than 135 days after the publication of this notice in the Federal Register because: (1) Our preliminary determination is affirmative, (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise, and (3) no compelling reasons for denial exist. Suspension of liquidation will be extended accordingly. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act. Dated: January 26, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–2309 Filed 2–2–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XU14 Taking and Importing Marine Mammals; Navy Training Activities Conducted in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. AGENCY: SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to military readiness training activities to be conducted in the Gulf of Alaska (GOA) Temporary Maritime Activities Area (TMAA) for the period beginning December 2010 and ending December 2015. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy’s request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy’s application and request. DATES: Comments and information must be received no later than March 5, 2010. ADDRESSES: Comments on the application should be addressed to Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3225. The mailbox address for providing email comments is PR1.0648– PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 5575 XU14@noaa.gov. NMFS is not responsible for e-mail comments sent to addresses other than the one provided here. Comments sent via e-mail, including all attachments, must not exceed a 10–megabyte file size. FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected Resources, NMFS, (301) 713–2289, ext. 166. SUPPLEMENTARY INFORMATION: Availability A copy of the Navy’s application may be obtained by writing to the address specified above (See ADDRESSES), telephoning the contact listed above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet at: https:// www.nmfs.noaa.gov/pr/permits/ incidental.htm. The Navy’s Draft Environmental Impact Statement (DEIS) for the GOA TMAA was made available to the public on December 11, 2009, and may be viewed at https:// www.gulfofalaskanavyeis.com/. During the initial 45–day public comment period, the Navy hosted five public hearings. Background In the case of military readiness activities, sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) if certain findings are made and regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Authorization for incidental takings may be granted if NMFS finds that the taking will have no more than a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as: an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. With respect to military readiness activities, the MMPA defines ‘‘harassment’’ as: (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 E:\FR\FM\03FEN1.SGM 03FEN1 5576 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 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]. jlentini on DSKJ8SOYB1PROD with NOTICES Summary of Request In March 2009, NMFS received an application from the Navy requesting authorization to take individuals of 20 species of marine mammals (15 cetaceans and 5 pinnipeds) incidental to upcoming training activities to be conducted in the GOA TMAA, which is a polygon roughly the shape of a 300 nm by 150 nm rectangle oriented northwest to southeast in the long direction, over the course of 5 years. NMFS subsequently requested additional information, which was provided in the form of a revised application in November, 2009. These training activities are classified as military readiness activities. The Navy states that these training activities may expose some of the marine mammals present in the area to sound from various active tactical sonar sources or to pressure from underwater detonations. The Navy requests authorization to take individuals of 20 species of cetaceans and pinnipeds by Level B Harassment. Further, the Navy requests authorization to take 3 individual beaked whales (of any of the following species: Baird’s beaked whale, Cuvier’s beaked whale, Stejneger’s beaked whale) annually by serious injury or mortality. Specified Activities In the application submitted to NMFS, the Navy requests authorization to take marine mammals incidental to conducting training activities utilizing mid- and high frequency active sonar sources and explosive detonations. These sonar and explosive sources will be utilized during Anti-submarine Warfare (ASW) Tracking and Torpedo Exercises, Extended Echo Ranging, Improved Extended Echo Ranging, and Advanced Extended Echo Ranging (EER/IEER/AEER) events, Missile Exercises, Gunnery Exercises, Bombing Exercises, and Sinking Exercises. Table 1–7 in the application lists the activity types, the equipment and platforms involved, and the duration and potential locations of the activities. The training activities will take place during the summer months, in the form of one or two major exercises or focused activity periods. These exercises or activity periods would each last up to 21 days and consist of multiple component training activities. Unlike Navy Training activities in other areas, the GOA TMAA is not a Range Complex VerDate Nov<24>2008 16:34 Feb 02, 2010 Jkt 220001 and as such, there are no other or ongoing small scale Navy Training activities conducted outside these activity periods. Information Solicited Interested persons may submit information, suggestions, and comments concerning the Navy’s request (see ADDRESSES). All information, suggestions, and comments related to the Navy’s GOA TMAA request and NMFS’ potential development and implementation of regulations governing the incidental taking of marine mammals by the Navy’s GOA TMAA activities will be considered by NMFS in developing, if appropriate, the most effective regulations governing the issuance of letters of authorization. Dated: January 28, 2010. P. Michael Payne, Chief, Division of Permits, Conservation, and Education, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–2286 Filed 2–2–10; 8:45 am] BILLING CODE 3510–22–S COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Request for New Collection—3038–NEW, Registration Under the CEA—Proposed Questionnaire to Regulation 30.10 Relief Recipients (17 CFR Part 30) AGENCY: Commodity Futures Trading Commission ACTION: Notice—proposed questionnaire. SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, and to allow 60 days for comment in response to the notice. The Division of Clearing and Intermediary Oversight (DCIO) of the Commodity Futures Trading Commission (CFTC) is proposing to send a questionnaire to obtain updated information on the current laws and market developments of each jurisdiction in which exemptive relief was granted by the Commission pursuant to Regulation 30.10. DATES: Comments must be received by April 5, 2010. ADDRESSES: Interested persons should submit their views and comments to Secretary of the Commission, Commodity Futures Trading Commission, 1155 21st Street, NW., PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Washington, DC 20581. In addition, comments may be sent by facsimile transmission to number (202) 418–5521, or by electronic mail to secretary@cftc.gov. Reference should be made to ‘‘Commission Regulation 30.10 Questionnaire.’’ FOR FURTHER INFORMATION CONTACT: Andrew Chapin, Associate Director, or Andrea Musalem, Attorney-Advisor, Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, 1155 21st Street, NW., Washington, DC 20581. Telephone: (202) 418–5167. SUPPLEMENTARY INFORMATION: I. Background CFTC Regulation 30.10 allows persons located and doing business outside the U.S., who are subject to a comparable regulatory framework in the country in which they are located, to seek an exemption from the application of certain of the Part 30 regulations. Regulation 30.10 expressly states that, upon petition, the Commission may exempt any person from any requirement of the Part 30 regulations. If the Commission grants an exemption, persons located and doing business outside the U.S. may solicit or accept orders directly from U.S. customers for foreign futures or options transactions without registering under the Act as FCMs. A petition for exemption pursuant to Regulation 30.10 is typically filed on behalf of persons located and doing business outside the U.S. that seek access to U.S. customers by (1) a governmental agency responsible for implementing and enforcing the foreign regulatory program, or (2) a selfregulatory organization (SRO) of which such persons are members. A petitioner who seeks an exemption pursuant to Regulation 30.10, based on substituted compliance with a non-U.S. regulatory framework that is comparable to the Act and rules thereunder, must set forth with particularity the comparable regulations applicable in the jurisdiction in which that person is located. In essence, a petitioner under Regulation 30.10 must present, with particularity, the factual basis for a finding of comparability and the reasons why the policies and purposes of the Commission’s regulatory program are met, notwithstanding any differences of degree or kind in the petitioner’s regulatory program. Appendix A to Part 30 (Appendix A) articulates standards to be used by staff in assessing whether a foreign E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5575-5576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2286]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XU14


Taking and Importing Marine Mammals; Navy Training Activities 
Conducted in the Gulf of Alaska

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice; receipt of application for letter of authorization; 
request for comments and information.

-----------------------------------------------------------------------

SUMMARY:  NMFS has received a request from the U.S. Navy (Navy) for 
authorization to take marine mammals incidental to military readiness 
training activities to be conducted in the Gulf of Alaska (GOA) 
Temporary Maritime Activities Area (TMAA) for the period beginning 
December 2010 and ending December 2015. Pursuant to the implementing 
regulations of the Marine Mammal Protection Act (MMPA), NMFS is 
announcing our receipt of the Navy's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals and inviting information, suggestions, and comments on the 
Navy's application and request.

DATES:  Comments and information must be received no later than March 
5, 2010.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing email comments is PR1.0648-XU14@noaa.gov. NMFS is not 
responsible for e-mail comments sent to addresses other than the one 
provided here. Comments sent via e-mail, including all attachments, 
must not exceed a 10-megabyte file size.

FOR FURTHER INFORMATION CONTACT:  Jolie Harrison, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 166.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of the Navy's application may be obtained by writing to the 
address specified above (See ADDRESSES), telephoning the contact listed 
above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet 
at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. The Navy's 
Draft Environmental Impact Statement (DEIS) for the GOA TMAA was made 
available to the public on December 11, 2009, and may be viewed at 
https://www.gulfofalaskanavyeis.com/. During the initial 45-day public 
comment period, the Navy hosted five public hearings.

Background

    In the case of military readiness activities, sections 101(a)(5)(A) 
and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of 
Commerce (Secretary) to allow, upon request, the incidental, but not 
intentional taking of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) if certain findings 
are made and regulations are issued or, if the taking is limited to 
harassment, notice of a proposed authorization is provided to the 
public for review.
    Authorization for incidental takings may be granted if NMFS finds 
that the taking will have no more than a negligible impact on the 
species or stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses, and that 
the permissible methods of taking and requirements pertaining to the 
mitigation, monitoring and reporting of such taking are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as:
    an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.
    With respect to military readiness activities, the MMPA defines 
``harassment'' as:
    (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

[[Page 5576]]

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].

Summary of Request

    In March 2009, NMFS received an application from the Navy 
requesting authorization to take individuals of 20 species of marine 
mammals (15 cetaceans and 5 pinnipeds) incidental to upcoming training 
activities to be conducted in the GOA TMAA, which is a polygon roughly 
the shape of a 300 nm by 150 nm rectangle oriented northwest to 
southeast in the long direction, over the course of 5 years. NMFS 
subsequently requested additional information, which was provided in 
the form of a revised application in November, 2009. These training 
activities are classified as military readiness activities. The Navy 
states that these training activities may expose some of the marine 
mammals present in the area to sound from various active tactical sonar 
sources or to pressure from underwater detonations. The Navy requests 
authorization to take individuals of 20 species of cetaceans and 
pinnipeds by Level B Harassment. Further, the Navy requests 
authorization to take 3 individual beaked whales (of any of the 
following species: Baird's beaked whale, Cuvier's beaked whale, 
Stejneger's beaked whale) annually by serious injury or mortality.

Specified Activities

    In the application submitted to NMFS, the Navy requests 
authorization to take marine mammals incidental to conducting training 
activities utilizing mid- and high frequency active sonar sources and 
explosive detonations. These sonar and explosive sources will be 
utilized during Anti-submarine Warfare (ASW) Tracking and Torpedo 
Exercises, Extended Echo Ranging, Improved Extended Echo Ranging, and 
Advanced Extended Echo Ranging (EER/IEER/AEER) events, Missile 
Exercises, Gunnery Exercises, Bombing Exercises, and Sinking Exercises. 
Table 1-7 in the application lists the activity types, the equipment 
and platforms involved, and the duration and potential locations of the 
activities.
    The training activities will take place during the summer months, 
in the form of one or two major exercises or focused activity periods. 
These exercises or activity periods would each last up to 21 days and 
consist of multiple component training activities. Unlike Navy Training 
activities in other areas, the GOA TMAA is not a Range Complex and as 
such, there are no other or ongoing small scale Navy Training 
activities conducted outside these activity periods.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (see ADDRESSES). All 
information, suggestions, and comments related to the Navy's GOA TMAA 
request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy's GOA TMAA activities will be considered by NMFS in developing, if 
appropriate, the most effective regulations governing the issuance of 
letters of authorization.

    Dated: January 28, 2010.
P. Michael Payne,
Chief, Division of Permits, Conservation, and Education, Director, 
Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-2286 Filed 2-2-10; 8:45 am]
BILLING CODE 3510-22-S

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