Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Operation of Offshore Oil and Gas Facilities in the U.S. Beaufort Sea, 12734-12735 [2010-5835]

Download as PDF 12734 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Notices issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. 2009. In accordance with 19 CFR 351.221(c)(1)(i), the Department published a notice initiating an administrative review of the countervailing duty order on honey from Argentina. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Initiation of Administrative Review, 75 FR 4770 (January 29, 2010). DEPARTMENT OF COMMERCE Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522–8220 (voice) or (808) 522–8226 (fax), at least 5 days prior to the meeting date. Rescission of Countervailing Duty Administrative Review 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. Authority: 16 U.S.C. 1801 et seq. Dated: March 12, 2010. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–5780 Filed 3–16–10; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE International Trade Administration [C–357–813] Honey from Argentina: Rescission of Countervailing Duty Administrative Review wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 17, 2010. FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1398. SUPPLEMENTARY INFORMATION: Background On December 1, 2009, the Department published a notice of opportunity to request an administrative review of the countervailing duty order on honey from Argentina. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 74 FR 62743 (December 1, 2009). On December 31, 2009, the American Honey Producers Association and the Sioux Honey Association (petitioners) timely requested an administrative review of the countervailing duty order on honey from Argentina for the period January 1, 2009 through December 31, VerDate Nov<24>2008 15:08 Mar 16, 2010 Jkt 220001 The Department’s regulations provide that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation. See 19 CFR 351.213 (d)(1). On February 19, 2010, petitioners submitted a letter withdrawing their request of the review within the 90-day deadline. No other party requested a review of the order. Therefore, the Department is rescinding this administrative review of the countervailing duty order on honey from Argentina for the period January 1, 2009 through December 31, 2009. The Department intends to issue appropriate assessment instructions to U.S. Customs and Border Protection 15 days after the date of publication of this notice. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protection orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3) of the Department’s regulations, which continues to govern business proprietary information in this segments of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: March 11, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–5826 Filed 3–16–10; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 National Oceanic and Atmospheric Administration RIN 0648–AY63 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Operation of Offshore Oil and Gas Facilities in the U.S. Beaufort Sea SUMMARY: NMFS has received a request from BP Exploration (Alaska) Inc. (BP) for authorization for the take of marine mammals incidental to operation of offshore oil and gas facilities in the U.S. Beaufort Sea, AK, for the period April 2011 – April 2016. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of BP’s request for the development and implementation of new 5-year regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on BP’s application and request. DATES: Comments and information must be received no later than April 16, 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. The mailbox address for providing e-mail comments is PR1.0648–AY63@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. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.nmfs.noaa.gov/pr/permits/ incidental.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected Resources, NMFS, (301) 713–2289, ext. 156. E:\FR\FM\17MRN1.SGM 17MRN1 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Notices SUPPLEMENTARY INFORMATION: Availability A copy of BP’s application may be obtained by writing to the address specified above (ADDRESSES), calling the contact listed above (FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: https://www.nmfs.noaa.gov/ pr/permits/incidental.htm. Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce 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 and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have 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 (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings 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.’’ Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Summary of Request On November 6, 2009, NMFS received an application from BP requesting authorization for the take of six marine mammal species incidental to operation of the Northstar development in the Beaufort Sea, AK, over the course of 5 years, which would necessitate the promulgation of new five-year regulations. Construction of Northstar was completed in 2001. The proposed activities for 2011–2016 include a VerDate Nov<24>2008 15:08 Mar 16, 2010 Jkt 220001 continuation of drilling, production, and emergency training operations but no construction or activities of similar intensity to those conducted between 1999 and 2001. The likely or possible impacts of the planned offshore oil developments at Northstar on marine mammals involve both non-acoustic and acoustic effects. Potential non-acoustic effects could result from the physical presence of personnel, structures and equipment, construction or maintenance activities, and the occurrence of oil spills. Petroleum development and associated activities in marine waters introduce sound into the environment, produced by island construction, maintenance, and drilling, as well as vehicles operating on the ice, vessels, aircraft, generators, production machinery, gas flaring, and camp operations. BP requests authorization to take individuals of three cetacean and three pinniped species by Level B Harassment. Further, BP requests authorization to take five individual ringed seals by serious injury or mortality annually over the course of the 5-year rule. Specified Activities In the application submitted to NMFS, BP requests authorization to take marine mammals incidental to operation of offshore oil and gas facilities in the U.S. Beaufort Sea. Activities include: the transportation of personnel, equipment, and supplies; production operations; drilling operations; pipeline design, inspection, and maintenance; routine repair and maintenance; and emergency and oil spill response training. Sections 1 and 2 of BP’s application describe the full suite of activities, as well as the location and duration of activity. Information Solicited Interested persons may submit information, suggestions, and comments concerning BP’s request (see ADDRESSES). All information, suggestions, and comments related to BP’s request and NMFS’ potential development and implementation of regulations governing the incidental taking of marine mammals by BP’s activities will be considered by NMFS in developing, if appropriate, the most effective regulations governing the issuance of letters of authorization. Dated: March 11, 2010. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–5835 Filed 3–16–10; 8:45 am] BILLING CODE 3510–22–S PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 12735 DEPARTMENT OF DEFENSE Department of the Army Draft Environmental Impact Statement (DEIS) for Resumption of Year-Round Firing Opportunities at Fort Richardson, AK Department of the Army, DoD. Notice of Availability. AGENCY: ACTION: SUMMARY: The Department of the Army announces the availability of a DEIS that describes and analyzes the potential environmental effects associated with the U.S. Army Alaska (USARAK) proposal to strengthen unit preparedness and improve Soldier and Family quality of life by maximizing live-fire training capacity at Fort Richardson. Current restrictions cause a shortage of live-fire training opportunities at Fort Richardson, resulting in the need for units to travel to other installations for required training. The Proposed Action is to restore year-round live-fire training capabilities at Fort Richardson in order to allow active duty units to achieve and maintain combat readiness, reduce deployment hardships on Soldiers and their Families, and to reduce annual expenditures associated with travel to distant facilities to conduct training. DATES: The public comment period ends 60 days following publication of a Notice of Availability in the Federal Register by the U.S. Environmental Protection Agency. ADDRESSES: Written comments should be forwarded to Ms. Carrie McEnteer, Directorate of Public Works, Attention: IMPC–FWA–PWE (C. McEnteer), 1060 Gaffney Road #4500, Fort Wainwright, AK 99703–4500; fax: (907) 361–9867; email: carrie.mcenteer@us.army.mil. FOR FURTHER INFORMATION CONTACT: Mr. Robert Hall, Public Affairs Office, 724 Postal Service Loop Road #6000, Building 600, Room B349, Fort Richardson, AK 99505–6000; telephone: (907) 384–2546, e-mail: robert.hall33@us.army.mil. The Proposed Action analyzed in this DEIS is to restore year-round live-firing capabilities at Fort Richardson. Army units must be certified with a variety of weapons systems before they can be safely and effectively deployed. Army policy stipulates how much units are to fire each type of weapon to achieve certification. Fort Richardson currently serves as home station to the 4th Brigade Combat Team (Airborne), 25th Infantry Division (4/25 ABCT) and must, therefore, provide the training SUPPLEMENTARY INFORMATION: E:\FR\FM\17MRN1.SGM 17MRN1

Agencies

[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12734-12735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AY63


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Operation of Offshore Oil and Gas Facilities in the U.S. 
Beaufort Sea

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 BP Exploration (Alaska) Inc. 
(BP) for authorization for the take of marine mammals incidental to 
operation of offshore oil and gas facilities in the U.S. Beaufort Sea, 
AK, for the period April 2011 - April 2016. Pursuant to the Marine 
Mammal Protection Act (MMPA), NMFS is announcing receipt of BP's 
request for the development and implementation of new 5-year 
regulations governing the incidental taking of marine mammals and 
inviting information, suggestions, and comments on BP's application and 
request.

DATES: Comments and information must be received no later than April 
16, 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. The mailbox address for providing e-
mail comments is PR1.0648-AY63@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.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 156.

[[Page 12735]]


SUPPLEMENTARY INFORMATION:

Availability

    A copy of BP's application may be obtained by writing to the 
address specified above (ADDRESSES), calling the contact listed above 
(FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce 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 and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have 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 (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
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.''
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as:
    any act of pursuit, torment, or annoyance which (i) has the 
potential to injure a marine mammal or marine mammal stock in the 
wild [Level A harassment]; or (ii) has the potential to disturb a 
marine mammal or marine mammal stock in the wild by causing 
disruption of behavioral patterns, including, but not limited to, 
migration, breathing, nursing, breeding, feeding, or sheltering 
[Level B harassment].

Summary of Request

    On November 6, 2009, NMFS received an application from BP 
requesting authorization for the take of six marine mammal species 
incidental to operation of the Northstar development in the Beaufort 
Sea, AK, over the course of 5 years, which would necessitate the 
promulgation of new five-year regulations. Construction of Northstar 
was completed in 2001. The proposed activities for 2011-2016 include a 
continuation of drilling, production, and emergency training operations 
but no construction or activities of similar intensity to those 
conducted between 1999 and 2001. The likely or possible impacts of the 
planned offshore oil developments at Northstar on marine mammals 
involve both non-acoustic and acoustic effects. Potential non-acoustic 
effects could result from the physical presence of personnel, 
structures and equipment, construction or maintenance activities, and 
the occurrence of oil spills. Petroleum development and associated 
activities in marine waters introduce sound into the environment, 
produced by island construction, maintenance, and drilling, as well as 
vehicles operating on the ice, vessels, aircraft, generators, 
production machinery, gas flaring, and camp operations. BP requests 
authorization to take individuals of three cetacean and three pinniped 
species by Level B Harassment. Further, BP requests authorization to 
take five individual ringed seals by serious injury or mortality 
annually over the course of the 5-year rule.

Specified Activities

    In the application submitted to NMFS, BP requests authorization to 
take marine mammals incidental to operation of offshore oil and gas 
facilities in the U.S. Beaufort Sea. Activities include: the 
transportation of personnel, equipment, and supplies; production 
operations; drilling operations; pipeline design, inspection, and 
maintenance; routine repair and maintenance; and emergency and oil 
spill response training. Sections 1 and 2 of BP's application describe 
the full suite of activities, as well as the location and duration of 
activity.

Information Solicited

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

    Dated: March 11, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-5835 Filed 3-16-10; 8:45 am]
BILLING CODE 3510-22-S
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