Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Training Exercises in Three East Coast Range Complexes, 34428-34429 [2010-14662]
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Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Notices
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT—
Continued
[4/28/2010 through 6/7/2010]
Firm
Everbrite Electronics, Inc. .......
H. H. Fessler Knitting Co, Inc.
d/b/a FesslerUSA.
720 W. Cherry Street,
Chanute, KS 66720.
216 West Independence,
Orwigsburg, PA 17961.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance for Firms Division, Room
7106, Economic Development
Administration, U.S. Department of
Commerce, Washington, DC 20230, no
later than ten (10) calendar days
following publication of this notice.
Please follow the procedures set forth
in Section 315.9 of EDA’s final rule (71
FR 56704) for procedures for requesting
a public hearing. The Catalog of Federal
Domestic Assistance official program
number and title of the program under
which these petitions are submitted is
11.313, Trade Adjustment Assistance.
Dated: June 11, 2010.
Miriam J. Kearse,
Eligibility Certifier.
[FR Doc. 2010–14612 Filed 6–16–10; 8:45 am]
BILLING CODE 3510–24–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XW61
Taking and Importing Marine
Mammals: Taking Marine Mammals
Incidental to Navy Training Exercises
in Three East Coast Range Complexes
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of three Letters
of Authorization.
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that NMFS has issued
three one-year Letters of Authorization
(LOAs) to take marine mammals by
harassment incidental to the U.S. Navy’s
training activities within the Navy’s
Virginia Capes (VACAPES), Jacksonville
(JAX), and Cherry Point Range
VerDate Mar<15>2010
16:13 Jun 16, 2010
Date accepted
products for filing
Address
Jkt 220001
6/7/2010
6/7/2010
Products
Electronic switching power supplies for neon signs and LED
based products and related components.
FesslerUSA manufactures custom women and children’s apparel and provides design and production.
Complexes to the Commander, U.S.
Fleet Forces Command, 1562 Mitscher
Avenue, Suite 250, Norfolk, VA 23551–
2487 and persons operating under his
authority.
DATES: Effective from June 5, 2010,
through June 4, 2011.
ADDRESSES: Copies of the Navy’s
January 28, 2010, LOA applications, the
LOAs, the Navy’s 2009 marine mammal
monitoring report and the Navy’s 2009
exercise report are available by writing
to P. Michael Payne, Chief, Permits,
Conservation, and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910, by telephoning the contact listed
here (see FOR FURTHER INFORMATION
CONTACT), or online at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS (301) 713–2289 x 137.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs the Secretary
of Commerce to allow, upon request, the
incidental, but not intentional taking of
marine mammals by U.S. citizens who
engage in a military readiness activity if
certain findings are made and
regulations are issued.
Authorization may be granted for
periods of 5 years or less if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), and
will not have an unmitigable adverse
impact on the availability of the species
or stock(s) for certain 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
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
attention to rookeries, mating grounds,
and areas of similar significance. The
regulations also must include
requirements pertaining to the
monitoring and reporting of such taking.
Regulations governing the taking of
marine mammals incidental to the U.S.
Navy’s training activities at the Navy’s
VACAPES, JAX, and Cherry Point Range
Complexes were published on June 15,
2009 (VACAPES: 74 FR 28328; JAX: 74
FR 28349; Cherry Point: 74 FR 28370),
and remain in effect through June 4,
2014. They are codified at 50 CFR part
218 subpart A (for VACAPES Range
Complex), subpart B (for JAX Range
Complex), and subpart C (for Cherry
Point Range Complex). These
regulations include mitigation,
monitoring, and reporting requirements
for the incidental taking of marine
mammals by the Navy’s range complex
training exercises. For detailed
information on these actions, please
refer to the June 15, 2009 Federal
Register Notices and 50 CFR part 218
subparts A, B, and C.
Summary of LOA Request
NMFS received an application from
the U.S. Navy for three LOAs covering
the Navy’s training activities at the
VACAPES, JAX, and Cherry Point Range
Complexes off the US East Coast under
the regulations issued on June 15, 2009
(VACAPES: 74 FR 28328; JAX: 74 FR
28349; Cherry Point: 74 FR 28370). The
Navy requested that these LOAs become
effective on June 5, 2010. The
application requested authorization, for
a period not to exceed one year, to take,
by harassment, marine mammals
incidental to proposed training
activities that involve underwater
explosives.
Summary of Activity under the 2009
LOA
As described in the Navy’s exercise
reports, in 2009, the training activities
conducted by the Navy were within the
scope and amounts contemplated by the
final rule and authorized by the 2009
LOAs. In fact, the number of training
E:\FR\FM\17JNN1.SGM
17JNN1
Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Notices
exercises was below the Navy’s
proposed 2009 operations.
Planned Activities for 2010
In 2010, the Navy expects to conduct
the same type and amount of training
identified in the final rules and 2009
LOAs. No modification is proposed by
the Navy for its planned 2010 activities.
Estimated Take for 2010
The estimated takes for the Navy’s
proposed 2010 training exercises are the
same as those in authorized in 2009. No
change has been made in the estimated
takes from the 2009 LOAs.
Summary of Monitoring, Reporting,
and other requirements under the 2009
LOA
Annual Exercise Reports
The Navy submitted their 2009
exercise report within the required
timeframes and it is posted on NMFS
website: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm. NMFS has
reviewed the report and it contains the
information required by the 2009 LOAs.
The report lists the amount of training
exercises conducted between June 2009
and January 2010. For training exercises
conducted at the VACAPES Range
Complex, the Navy conducted 26
exercises out of the total of 176
proposed. For training exercises at the
JAX Range Complex, the Navy
conducted 4 out of 175 exercises
proposed. No training exercise was
conducted at the Cherry Point Range
Complex, though a total of 38 exercises
were proposed.
mstockstill on DSKH9S0YB1PROD with NOTICES
Monitoring and Annual Monitoring
Reports
The Navy conducted the monitoring
required by the 2009 LOA and described
in the Monitoring Plan, which included
aerial and vessel surveys of training
exercises by marine mammal observers.
The Navy submitted their 2009
Monitoring Report, which is posted on
NMFS’ website (https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm), within the required
timeframe. The Navy included a
summary of their 2009 monitoring effort
and results (beginning on page 3 of the
monitoring report).
Integrated Comprehensive Management
Program (ICMP) Plan
The ICMP will be used both as: (1) a
planning tool to focus Navy monitoring
priorities (pursuant to ESA/MMPA
requirements) across Navy Range
Complexes and Exercises; and (2) an
adaptive management tool, through the
consolidation and analysis of the Navy’s
monitoring and watchstander data, as
VerDate Mar<15>2010
16:13 Jun 16, 2010
Jkt 220001
well as new information from other
Navy programs (e.g., research and
development), and other appropriate
newly published information. The Navy
finalized a 2009 ICMP Plan outlining
the program on December 22, 2009, as
required by the 2009 LOA. The ICMP
may be viewed at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm.
The ICMP is a program that will be in
place for years and NMFS and Navy
anticipate the ICMP may need to be
updated yearly in order to keep pace
with new advances in science and
technology and the collection of new
data.. In the 2009 ICMP Plan, the Navy
outlines three areas of targeted
development for 2010, including:
• Identifying more specific
monitoring sub-goals under the major
goals that have been identified
• Characterizing Navy Range
Complexes and Study Areas within the
context of the prioritization guidelines
described here
• Continuing to Develop Data
Management, Organization and Access
Procedures
Adaptive Management and 2010
Monitoring Plan
NMFS and the Navy conducted an
adaptive management meeting in
October 2009 wherein we reviewed the
Navy monitoring results through August
1, 2009, discussed other Navy research
and development efforts, and discussed
other new information that could
potentially inform decisions regarding
Navy mitigation and monitoring.
Because this is the first year of the
regulation’s period of effectiveness, the
review only covered about 7 months of
monitoring, which limited NMFS and
the Navy’s ability to undertake a robust
review of the Navy’s exercises and their
effects on marine mammals. Based on
the implementation of the 2009
monitoring, the Navy proposed some
minor modifications to their monitoring
plan for 2010 for VACAPES and JAX
Range Complex training exercises,
which NMFS agreed were appropriate.
Beyond those changes, none of the
information discussed led NMFS to
recommend any modifications to the
existing mitigation or monitoring
measures. The final modifications to the
monitoring plan and justifications are
described in Section 7(b)(i)(A) of the
2010 LOAs for VACAPES and JAX
Range Complexes, which may be
viewed at: https://www.nmfs.noaa.gov/
pr/permits/incidental.htm. As
additional data is obtained in
subsequent years, NMFS and Navy will
be better positioned to conduct more
extensive reviews and modify existing
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
34429
mitigation and monitoring measures, if
appropriate.
Authorization
The Navy complied with the
requirements of the 2009 LOAs. Based
on our review of the record, NMFS has
determined that the marine mammal
take resulting from the 2009 military
readiness training and research
activities falls within the levels
previously anticipated, analyzed, and
authorized, and was likely lower given
the fact that Navy conducted fewer
operations in 2009 than originally
planned. Further, the level of taking
authorized in 2010 for the Navy’s
training exercises at VACAPES, JAX,
and Cherry Point Range Complexes is
consistent with our previous findings
made for the total taking allowed under
these Range Complexes regulations.
Finally, the record supports NMFS’
conclusion that the total number of
marine mammals taken by the 2010
training exercises at VACAPES, JAX,
and Cherry Point Range Complexes will
have no more than a negligible impact
on the affected species or stock of
marine mammals and will not have an
unmitigable adverse impact on the
availability of these species or stocks for
taking for subsistence uses.
Accordingly, NMFS has issued three
one-year LOAs for Navy training
exercises conducted at these East Coast
Range Complexes from June 5, 2010,
through Juan 4, 2011.
Dated: June 3, 2010.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–14662 Filed 6–16–10; 8:45 am]
BILLING CODE 3510–22–S
COMMODITY FUTURES TRADING
COMMISSION
Petition of Hard Eight Futures, LLC for
Exemptive Relief, Pursuant to Section
4(c) of the Commodity Exchange Act,
From Section 2(a)(1)(C)(iv) of the
Commodity Exchange Act and
Appendix D to Part 30 of the Rules of
the Commodity Futures Trading
Commission
AGENCY: Commodity Futures Trading
Commission.
ACTION: Notice of petition and request
for comment.
SUMMARY: Hard Eight Futures, LLC
(‘‘HEF’’) has petitioned the Commodity
Futures Trading Commission
(‘‘Commission’’ or ‘‘CFTC’’) for
exemptive relief, pursuant to Section
4(c) of the Commodity Exchange Act
E:\FR\FM\17JNN1.SGM
17JNN1
]]>Agencies
[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Notices]
[Pages 34428-34429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14662]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XW61
Taking and Importing Marine Mammals: Taking Marine Mammals
Incidental to Navy Training Exercises in Three East Coast Range
Complexes
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of three Letters of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA),
as amended, and implementing regulations, notification is hereby given
that NMFS has issued three one-year Letters of Authorization (LOAs) to
take marine mammals by harassment incidental to the U.S. Navy's
training activities within the Navy's Virginia Capes (VACAPES),
Jacksonville (JAX), and Cherry Point Range Complexes to the Commander,
U.S. Fleet Forces Command, 1562 Mitscher Avenue, Suite 250, Norfolk, VA
23551-2487 and persons operating under his authority.
DATES: Effective from June 5, 2010, through June 4, 2011.
ADDRESSES: Copies of the Navy's January 28, 2010, LOA applications,
the LOAs, the Navy's 2009 marine mammal monitoring report and the
Navy's 2009 exercise report are available by writing to P. Michael
Payne, Chief, Permits, Conservation, and Education Division, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, by telephoning the contact listed
here (see FOR FURTHER INFORMATION CONTACT), or online at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents
cited in this notice may be viewed, by appointment, during regular
business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS (301) 713-2289 x 137.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce to allow, upon request, the incidental, but
not intentional taking of marine mammals by U.S. citizens who engage in
a military readiness activity if certain findings are made and
regulations are issued.
Authorization may be granted for periods of 5 years or less if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for certain 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 also must include requirements pertaining to the monitoring
and reporting of such taking.
Regulations governing the taking of marine mammals incidental to
the U.S. Navy's training activities at the Navy's VACAPES, JAX, and
Cherry Point Range Complexes were published on June 15, 2009 (VACAPES:
74 FR 28328; JAX: 74 FR 28349; Cherry Point: 74 FR 28370), and remain
in effect through June 4, 2014. They are codified at 50 CFR part 218
subpart A (for VACAPES Range Complex), subpart B (for JAX Range
Complex), and subpart C (for Cherry Point Range Complex). These
regulations include mitigation, monitoring, and reporting requirements
for the incidental taking of marine mammals by the Navy's range complex
training exercises. For detailed information on these actions, please
refer to the June 15, 2009 Federal Register Notices and 50 CFR part 218
subparts A, B, and C.
Summary of LOA Request
NMFS received an application from the U.S. Navy for three LOAs
covering the Navy's training activities at the VACAPES, JAX, and Cherry
Point Range Complexes off the US East Coast under the regulations
issued on June 15, 2009 (VACAPES: 74 FR 28328; JAX: 74 FR 28349; Cherry
Point: 74 FR 28370). The Navy requested that these LOAs become
effective on June 5, 2010. The application requested authorization, for
a period not to exceed one year, to take, by harassment, marine mammals
incidental to proposed training activities that involve underwater
explosives.
Summary of Activity under the 2009 LOA
As described in the Navy's exercise reports, in 2009, the training
activities conducted by the Navy were within the scope and amounts
contemplated by the final rule and authorized by the 2009 LOAs. In
fact, the number of training
[[Page 34429]]
exercises was below the Navy's proposed 2009 operations.
Planned Activities for 2010
In 2010, the Navy expects to conduct the same type and amount of
training identified in the final rules and 2009 LOAs. No modification
is proposed by the Navy for its planned 2010 activities.
Estimated Take for 2010
The estimated takes for the Navy's proposed 2010 training exercises
are the same as those in authorized in 2009. No change has been made in
the estimated takes from the 2009 LOAs.
Summary of Monitoring, Reporting, and other requirements under the 2009
LOA
Annual Exercise Reports
The Navy submitted their 2009 exercise report within the required
timeframes and it is posted on NMFS website: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. NMFS has reviewed the report and it contains
the information required by the 2009 LOAs. The report lists the amount
of training exercises conducted between June 2009 and January 2010. For
training exercises conducted at the VACAPES Range Complex, the Navy
conducted 26 exercises out of the total of 176 proposed. For training
exercises at the JAX Range Complex, the Navy conducted 4 out of 175
exercises proposed. No training exercise was conducted at the Cherry
Point Range Complex, though a total of 38 exercises were proposed.
Monitoring and Annual Monitoring Reports
The Navy conducted the monitoring required by the 2009 LOA and
described in the Monitoring Plan, which included aerial and vessel
surveys of training exercises by marine mammal observers. The Navy
submitted their 2009 Monitoring Report, which is posted on NMFS'
website (https://www.nmfs.noaa.gov/pr/permits/incidental.htm), within
the required timeframe. The Navy included a summary of their 2009
monitoring effort and results (beginning on page 3 of the monitoring
report).
Integrated Comprehensive Management Program (ICMP) Plan
The ICMP will be used both as: (1) a planning tool to focus Navy
monitoring priorities (pursuant to ESA/MMPA requirements) across Navy
Range Complexes and Exercises; and (2) an adaptive management tool,
through the consolidation and analysis of the Navy's monitoring and
watchstander data, as well as new information from other Navy programs
(e.g., research and development), and other appropriate newly published
information. The Navy finalized a 2009 ICMP Plan outlining the program
on December 22, 2009, as required by the 2009 LOA. The ICMP may be
viewed at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm.
The ICMP is a program that will be in place for years and NMFS and
Navy anticipate the ICMP may need to be updated yearly in order to keep
pace with new advances in science and technology and the collection of
new data.. In the 2009 ICMP Plan, the Navy outlines three areas of
targeted development for 2010, including:
Identifying more specific monitoring sub-goals under the
major goals that have been identified
Characterizing Navy Range Complexes and Study Areas within
the context of the prioritization guidelines described here
Continuing to Develop Data Management, Organization and
Access Procedures
Adaptive Management and 2010 Monitoring Plan
NMFS and the Navy conducted an adaptive management meeting in
October 2009 wherein we reviewed the Navy monitoring results through
August 1, 2009, discussed other Navy research and development efforts,
and discussed other new information that could potentially inform
decisions regarding Navy mitigation and monitoring. Because this is the
first year of the regulation's period of effectiveness, the review only
covered about 7 months of monitoring, which limited NMFS and the Navy's
ability to undertake a robust review of the Navy's exercises and their
effects on marine mammals. Based on the implementation of the 2009
monitoring, the Navy proposed some minor modifications to their
monitoring plan for 2010 for VACAPES and JAX Range Complex training
exercises, which NMFS agreed were appropriate. Beyond those changes,
none of the information discussed led NMFS to recommend any
modifications to the existing mitigation or monitoring measures. The
final modifications to the monitoring plan and justifications are
described in Section 7(b)(i)(A) of the 2010 LOAs for VACAPES and JAX
Range Complexes, which may be viewed at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. As additional data is obtained in subsequent
years, NMFS and Navy will be better positioned to conduct more
extensive reviews and modify existing mitigation and monitoring
measures, if appropriate.
Authorization
The Navy complied with the requirements of the 2009 LOAs. Based on
our review of the record, NMFS has determined that the marine mammal
take resulting from the 2009 military readiness training and research
activities falls within the levels previously anticipated, analyzed,
and authorized, and was likely lower given the fact that Navy conducted
fewer operations in 2009 than originally planned. Further, the level of
taking authorized in 2010 for the Navy's training exercises at VACAPES,
JAX, and Cherry Point Range Complexes is consistent with our previous
findings made for the total taking allowed under these Range Complexes
regulations. Finally, the record supports NMFS' conclusion that the
total number of marine mammals taken by the 2010 training exercises at
VACAPES, JAX, and Cherry Point Range Complexes will have no more than a
negligible impact on the affected species or stock of marine mammals
and will not have an unmitigable adverse impact on the availability of
these species or stocks for taking for subsistence uses. Accordingly,
NMFS has issued three one-year LOAs for Navy training exercises
conducted at these East Coast Range Complexes from June 5, 2010,
through Juan 4, 2011.
Dated: June 3, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-14662 Filed 6-16-10; 8:45 am]
BILLING CODE 3510-22-S
