Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar, 51443-51444 [2010-20749]

Download as PDF Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Notices administrative review of the antidumping duty order on polyester staple fiber from Taiwan with respect to respondents Nan Ya Plastics Corporation and Far Eastern Textiles Ltd. (aka and dba Far Eastern New Century Corporation). See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 75 FR 37759 (June 30, 2010). On July 28, 2010, Invista, S.a.r.L withdrew its request for an administrative review of Nan Ya Plastics Corporation. Rescission of Review in Part In accordance with 19 CFR 351.213(d)(1) the Department will rescind an administrative review ‘‘if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.’’ We received Invista, S.a.r.L’s withdrawal letter within the 90-day time limit. Because the Department received no other requests for review of Nan Ya Plastics Corporation, the Department is rescinding the review with respect to Nan Ya Plastics Corporation. This rescission is pursuant to 19 CFR 351.213(d)(1). The Department will issue appropriate assessment instructions to U.S. Customs and Border Protection 15 days after publication of this notice. Notification to Importers sroberts on DSKD5P82C1PROD with NOTICES 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 assumption that reimbursement of antidumping duties occurred and subsequent assessment of double antidumping duties. We are issuing and publishing this rescission in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: August 16, 2010. Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–20751 Filed 8–19–10; 8:45 am] BILLING CODE 3510–DS–S VerDate Mar<15>2010 17:19 Aug 19, 2010 Jkt 220001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XV99 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of three Letters of Authorization. AGENCY: 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 operation of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar operations to the Chief of Naval Operations, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350 and persons operating under his authority. DATES: Effective from August 16, 2010, through August 15, 2011. ADDRESSES: Copies of the Navy’s April 1, 2010, LOA application letter, the LOAs, the Navy’s 2009 annual report and the Navy’s 2007 5–Year Comprehensive 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 20910–3225, by telephoning the contact listed here (SEE FOR FURTHER INFORMATION CONTACT), or online at:http://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. SUMMARY: FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected Resources, NMFS (301) 713–2289 x 113. 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 51443 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 operation of SURTASS LFA sonar were published on August 21, 2007 (72 FR 46846), and remain in effect through August 15, 2012. They are codified at 50 CFR part 216 subpart Q. These regulations include mitigation, monitoring, and reporting requirements for the incidental taking of marine mammals by the SURTASS LFA sonar system. For detailed information on this action, please refer to the August 21, 2007 Federal Register document and 50 CFR part 216 subpart Q. Summary of LOA Request NMFS received an application from the U.S. Navy for three LOAs, one covering the USNS ABLE (T-AGOS 20), one covering the USNS IMPECCABLE (T-AGOS 23), and one covering the USNS EFFECTIVE (T-AGOS 21) under the regulations issued on August 21, 2007 (72 FR 46846). (The R/V Cory Chouest has been retired and has been replaced by the USNS ABLE.) The Navy requested that these LOAs become effective on August 16, 2010. The application requested authorization, for a period not to exceed one year, to take, by harassment, marine mammals incidental to employment of the SURTASS LFA sonar system for training, testing and routine military operations on the aforementioned ships in areas of the Pacific Ocean. Monitoring and Reporting In compliance with NMFS’ 2007 SURTASS LFA sonar regulations, the Navy submitted an annual report (No. 2) for SURTASS LFA sonar operations during 2008–2009. The Navy also submitted a comprehensive report on SURTASS LFA sonar operations and the mitigation and monitoring activities conducted under the LOAs issued under E:\FR\FM\20AUN1.SGM 20AUN1 51444 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Notices its previous rule for the 2002 through 2007 period. A copy of these reports can be viewed and/or downloaded at: http:// www.nmfs.noaa.gov/pr/permits/ incidental.htm#applications. In accordance with the current SURTASS LFA sonar regulations (50 CFR 216.186), the Navy has submitted classified quarterly mission reports. Under the first two LOA periods in the current rule, the Navy has not exceeded the take authorized by NMFS. Based on the submitted quarterly report for the 2009 LOAs, NMFS does not expect the Navy to exceed authorized take (requested and authorized) based on the Navy’s 2009 application. The annual report for the 2009–2010 LOA is due on September 30, 2010. Upon receipt, NMFS will post this annual report on the same Internet address. Authorization NMFS has issued three LOAs to the U.S. Navy, authorizing the incidental harassment of marine mammals, incidental to operating the three SURTASS LFA sonar systems for training, testing and routine military operations. Issuance of these three LOAs is based on findings, described in the preamble to the final rule (72 FR 46846, August 21, 2007) and supported by information contained in the Navy’s required reports on SURTASS LFA sonar, that the activities described under these three LOAs will have no more than a negligible impact on marine mammal stocks and will not have an unmitigable adverse impact on the availability of the affected marine mammal stocks for subsistence uses. These LOAs remain valid through August 15, 2011, provided the Navy remains in conformance with the conditions of the regulations and the LOAs, and the mitigation, monitoring, and reporting requirements described in 50 CFR 216.184–216.186 (72 FR 46846, August 21, 2007) and in the LOAs are undertaken. Dated: August 13, 2010. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–20749 Filed 8–19–10; 8:45 am] sroberts on DSKD5P82C1PROD with NOTICES BILLING CODE 3510–22–S COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List Additions Committee for Purchase From People Who Are Blind or Severely Disabled. AGENCY: VerDate Mar<15>2010 17:19 Aug 19, 2010 Jkt 220001 ACTION: Additions to the procurement list. This action adds products and services to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. DATES: Effective Date: 9/20/2010. ADDRESSES: 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 e-mail CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Additions On 6/4/2010 (75 FR 31768–31769); 6/ 11/2010 (75 FR 33270–33271); 6/18/ 2010 (75 FR 34701–34702); and 6/25/ 2010 (75 FR 36363–36371), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed additions to the Procurement List. Comments were received from a commercial contractor indicating that its firm produces the Army Combat Uniform (ACU). The company indicates that their work on the ACU makes up 50% of the sales of their company and, therefore, the addition of the product to the Procurement List would constitute severe adverse impact on their company. The Multi-Cam product is a new requirement of the U.S. Army, as aggregated by the Department of the Army Research, Development, and Engineering Command, Natick, MA and has not been procured previously. It does not replace other ACU items produced by other entities, including the company that submitted the comments. The contracting activity has determined that 50% of their requirement for this new product can be provided by qualified nonprofit agencies associated with the AbilityOne Program. The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee) has reviewed this project and determined that it is suitable for procurement by the government and that it will result in employment of people who are blind or who have other severe disabilities. Accordingly, the Committee has determined that the addition of this product to the Procurement List is proper. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 the products and services and impact of the additions on the current or most recent contractors, the Committee has determined that the products and services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46–48c and 41 CFR 51– 2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and services to the Government. 2. The action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the products and services proposed for addition to the Procurement List. End of Certification Accordingly, the following products and services are added to the Procurement List: Products Double Pocket Portfolios NSN: 7510–01–316–2302. NPA: L.C. Industries for the Blind, Inc., Durham, NC. Contracting Activity: Federal Acquisition Service, GSA/FSS OFC SUP CTR— PAPER Products, New York, NY. Coverage: A-List for the Total Government Requirement as aggregated by the General Services Administration. Colored Straight Cut File Folders, 11 Point NSN: 7530–01–364–9484—RED. NSN: 7530–01–364–9502—BLUE. NSN: 7530–01–364–9505—GREEN. NSN: 7530–01–364–9506—ORANGE. NSN: 7530–01–364–9486—YELLOW. NSN: 7530–01–203–1493—LAVENDER. NSN: 7530–01–364–9482—PINK. NSN: 7530–01–364–9483—PURPLE. NSN: 7530–01–364–9485—WHITE. NSN: 7530–01–364–9503—BROWN. NSN: 7530–01–364–9504—GRAY. NPA: L.C. Industries for the Blind, Inc., Durham, NC. Contracting Activity: Federal Acquisition Service, GSA/FSS OFC SUP CTR—Paper Products, New York, NY. Coverage: A-List for the Total Government Requirement as aggregated by the General Services Administration. E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51443-51444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20749]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XV99


Taking and Importing Marine Mammals: Taking Marine Mammals 
Incidental to Navy Operations of Surveillance Towed Array Sensor System 
Low Frequency Active Sonar

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 
operation of Surveillance Towed Array Sensor System Low Frequency 
Active (SURTASS LFA) sonar operations to the Chief of Naval Operations, 
Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350 and 
persons operating under his authority.

DATES:  Effective from August 16, 2010, through August 15, 2011.

ADDRESSES:  Copies of the Navy's April 1, 2010, LOA application letter, 
the LOAs, the Navy's 2009 annual report and the Navy's 2007 5-Year 
Comprehensive 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 20910-3225, by telephoning the contact 
listed here (SEE FOR FURTHER INFORMATION CONTACT), or online at:http://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:  Jeannine Cody, Office of Protected 
Resources, NMFS (301) 713-2289 x 113.

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 operation of SURTASS LFA sonar were published on August 
21, 2007 (72 FR 46846), and remain in effect through August 15, 2012. 
They are codified at 50 CFR part 216 subpart Q. These regulations 
include mitigation, monitoring, and reporting requirements for the 
incidental taking of marine mammals by the SURTASS LFA sonar system. 
For detailed information on this action, please refer to the August 21, 
2007 Federal Register document and 50 CFR part 216 subpart Q.

Summary of LOA Request

    NMFS received an application from the U.S. Navy for three LOAs, one 
covering the USNS ABLE (T-AGOS 20), one covering the USNS IMPECCABLE 
(T-AGOS 23), and one covering the USNS EFFECTIVE (T-AGOS 21) under the 
regulations issued on August 21, 2007 (72 FR 46846). (The R/V Cory 
Chouest has been retired and has been replaced by the USNS ABLE.) The 
Navy requested that these LOAs become effective on August 16, 2010. The 
application requested authorization, for a period not to exceed one 
year, to take, by harassment, marine mammals incidental to employment 
of the SURTASS LFA sonar system for training, testing and routine 
military operations on the aforementioned ships in areas of the Pacific 
Ocean.

Monitoring and Reporting

    In compliance with NMFS' 2007 SURTASS LFA sonar regulations, the 
Navy submitted an annual report (No. 2) for SURTASS LFA sonar 
operations during 2008-2009. The Navy also submitted a comprehensive 
report on SURTASS LFA sonar operations and the mitigation and 
monitoring activities conducted under the LOAs issued under

[[Page 51444]]

its previous rule for the 2002 through 2007 period. A copy of these 
reports can be viewed and/or downloaded at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    In accordance with the current SURTASS LFA sonar regulations (50 
CFR 216.186), the Navy has submitted classified quarterly mission 
reports. Under the first two LOA periods in the current rule, the Navy 
has not exceeded the take authorized by NMFS. Based on the submitted 
quarterly report for the 2009 LOAs, NMFS does not expect the Navy to 
exceed authorized take (requested and authorized) based on the Navy's 
2009 application. The annual report for the 2009-2010 LOA is due on 
September 30, 2010. Upon receipt, NMFS will post this annual report on 
the same Internet address.

Authorization

    NMFS has issued three LOAs to the U.S. Navy, authorizing the 
incidental harassment of marine mammals, incidental to operating the 
three SURTASS LFA sonar systems for training, testing and routine 
military operations. Issuance of these three LOAs is based on findings, 
described in the preamble to the final rule (72 FR 46846, August 21, 
2007) and supported by information contained in the Navy's required 
reports on SURTASS LFA sonar, that the activities described under these 
three LOAs will have no more than a negligible impact on marine mammal 
stocks and will not have an unmitigable adverse impact on the 
availability of the affected marine mammal stocks for subsistence uses.
    These LOAs remain valid through August 15, 2011, provided the Navy 
remains in conformance with the conditions of the regulations and the 
LOAs, and the mitigation, monitoring, and reporting requirements 
described in 50 CFR 216.184-216.186 (72 FR 46846, August 21, 2007) and 
in the LOAs are undertaken.

    Dated: August 13, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-20749 Filed 8-19-10; 8:45 am]
BILLING CODE 3510-22-S