Taking and Importing 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, 16754-16755 [2010-7482]
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Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices
respect to Hangzhou. Although the 90day deadline to withdraw an
administrative review request in the
instant administrative review was
March 2, 2010, pursuant to 19 CFR
351.213(d)(1), the Secretary may extend
the 90-day time limit if it is reasonable
to do so.1 The Department determines it
is reasonable to do so in this case
because it has not expended significant
resources conducting this
administrative review with respect to
Hangzhou. Specifically, the Department
has not completed its full analysis of
Hangzhou’s sales or factors of
production data for the period of review
nor has it calculated a preliminary
margin for Hangzhou. Therefore, in
accordance with 19 CFR 351.213(d)(1),
and consistent with our practice, the
Department is rescinding this
administrative review.
Assessment
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties at the cash
deposit rate in effect on the date of
entry, for entries during the period
October 1, 2008 through September 30,
2009. The Department intends to issue
appropriate assessment instructions to
CBP 15 days after publication of this
notice of rescission of administrative
review.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and subsequent
assessment of double antidumping
duties.
mstockstill on DSKH9S0YB1PROD with NOTICES
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
1 As explained in the memorandum from the
Deputy Assistant Secretary for Import
Administration, the Department has exercised its
discretion to toll deadlines for the duration of the
closure of the Federal Government from February
5, through February 12, 2010. Thus, all deadlines
in this segment of the proceeding have been
extended by seven days. The revised deadline to
withdraw an administrative review request is
March 2, 2010. See Memorandum to the Record
from Ronald Lorentzen, DAS for Import
Administration, regarding ‘‘Tolling of
Administrative Deadlines As a Result of the
Government Closure During the Recent
Snowstorm,’’ dated February 12, 2010.
VerDate Nov<24>2008
16:40 Apr 01, 2010
Jkt 220001
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: March 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–7521 Filed 4–1–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XV17
Taking and Importing 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 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 April 1, 2010, through March 31,
2011.
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
individuals listed in FOR FURTHER
INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
Candace Nachman or Michelle
Magliocca, NMFS, (301) 713–2289.
PO 00000
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Fmt 4703
Sfmt 4703
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 of up
to 5 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 of 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
E:\FR\FM\02APN1.SGM
02APN1
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices
frontalis) and dwarf (Kogia simus) and
pygmy (Kogia breviceps) sperm whales.
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 53 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 a temporary loss of hearing sensitivity
(also referred to as a temporary
threshold shift).
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
both reduce the number of marine
mammal takes and lessen the severity of
the effects of the takes. 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 March 4, 2010, NMFS received a
request for an LOA renewal pursuant to
the aforementioned regulations that
would authorize, for a period not to
VerDate Nov<24>2008
16:40 Apr 01, 2010
Jkt 220001
16755
exceed 1 year, take of marine mammals,
by harassment, incidental to PSW
testing and training in the GOM.
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Summary of Activity and Monitoring
Conducted During 2009 and 2010
Procurement List Additions and
Deletions
No PSW tests were conducted during
calendar year 2009 or between January
and March of 2010. However, the PSW
LOA was modified on April 16, 2009, to
include Stand-Off Precision Guided
Munition (SOPGM) testing. NMFS
issued this modification because it was
determined that the impacts of SOPGM
testing would be significantly smaller
than the impacts outlined in the PSW
LOA. SOPGM testing utilized two out of
the six live shots allowed for the Small
Diameter Bomb (SDB) exercise under
the PSW LOA. Three GriffinTM SOPGM
system missiles with a net explosive
weight of 7.5 pounds (TNT equivalent)
were fired against two target boats in the
GOM on April 29, 2009, and May 5,
2009. No marine mammals were seen
during the boat sweep or at release. No
evidence of injury or death to marine
mammals was noted after either
mission.
AGENCY: Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to and Deletions from
Procurement List.
Authorization
The U.S. Air Force complied with the
requirements of the 2009 LOA, and
NMFS has determined that there was no
take of marine mammals by the U.S. Air
Force in 2009. Accordingly, NMFS has
issued a LOA to Eglin AFB authorizing
the take of marine mammals, by
harassment, 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 March 2010 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 activities 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 29, 2010.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–7482 Filed 3–30–10; 4:15 pm]
BILLING CODE 3510–22–S
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
SUMMARY: This action adds to the
Procurement List a product and services
to be furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities, and
deletes from the Procurement List
products previously furnished by such
agencies.
Effective Date: May 3, 2010.
Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia 22202–3259.
FOR FURTHER INFORMATION CONTACT:
Barry S. Lineback, Telephone: (703)
603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION:
DATES:
ADDRESSES:
Additions
On 1/15/2010 (75 FR 2510) and 2/5/
2010 (75 FR 5970–5971), the Committee
for Purchase From People Who Are
Blind or Severely Disabled published
notices of proposed additions to the
Procurement List.
The Committee for Purchase From
People Who Are Blind or Severely
Disabled (Committee) operates pursuant
to statutory and regulatory
requirements. Committee decisions
regarding which items are suitable for
addition to the Procurement List are
specifically guided by 41 CFR Chapter
51. This regulation states that for a
commodity or service to be suitable for
addition to the Procurement List, each
of the following criteria must be
satisfied: Employment potential,
nonprofit agency qualifications,
capability, and level of impact on the
current contractor for the commodity or
service. In response to its Notice of
Proposed Procurement List Addition,
the Committee received comments from
five parties relating to the fourth
criterion, level of impact.
Comments were received from the
incumbent contractor for the facilities
management requirement at Fort Lewis,
WA. The firm stated that addition of
this service to the Procurement List is
inconsistent with the Javits-WagnerO’Day Act policy regarding contracts
E:\FR\FM\02APN1.SGM
02APN1
]]>Agencies
[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16754-16755]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7482]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XV17
Taking and Importing 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 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 April 1, 2010, through
March 31, 2011.
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 individuals listed in FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Candace Nachman or Michelle Magliocca,
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 of up to 5 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 of 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
[[Page 16755]]
frontalis) and dwarf (Kogia simus) and pygmy (Kogia breviceps) sperm
whales.
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 53 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 a
temporary loss of hearing sensitivity (also referred to as a temporary
threshold shift).
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 both reduce the number of marine mammal
takes and lessen the severity of the effects of the takes. 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 March 4, 2010, 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 2009 and 2010
No PSW tests were conducted during calendar year 2009 or between
January and March of 2010. However, the PSW LOA was modified on April
16, 2009, to include Stand-Off Precision Guided Munition (SOPGM)
testing. NMFS issued this modification because it was determined that
the impacts of SOPGM testing would be significantly smaller than the
impacts outlined in the PSW LOA. SOPGM testing utilized two out of the
six live shots allowed for the Small Diameter Bomb (SDB) exercise under
the PSW LOA. Three Griffin\TM\ SOPGM system missiles with a net
explosive weight of 7.5 pounds (TNT equivalent) were fired against two
target boats in the GOM on April 29, 2009, and May 5, 2009. No marine
mammals were seen during the boat sweep or at release. No evidence of
injury or death to marine mammals was noted after either mission.
Authorization
The U.S. Air Force complied with the requirements of the 2009 LOA,
and NMFS has determined that there was no take of marine mammals by the
U.S. Air Force in 2009. Accordingly, NMFS has issued a LOA to Eglin AFB
authorizing the take of marine mammals, by harassment, 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 March 2010 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
activities 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 29, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-7482 Filed 3-30-10; 4:15 pm]
BILLING CODE 3510-22-S
