Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Marine Corps Training Exercises at Brant Island Bombing Target and Piney Island Bombing Range, USMC Cherry Point Range Complex, North Carolina, 21212-21213 [2015-08841]

Download as PDF 21212 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices Singamas Issues Comment 5: The sales e value to be used as denominators to calculate subsidy rates with respect to Singamas Overlapping Issues Comment 6: Hot-Rolled Steel Sheet and Plate Less than Adequate Remuneration (LTAR) and whether the Department should reverse its findings regarding the hot-rolled LTAR benchmark. (A) Whether the Department should use domestic Chinese steel prices on the record to determine whether the GOC provided hot-rolled steel for LTAR. (B) Whether the Department properly found that ‘‘authorities’’ provided a benefit in the form of the provision of a good for LTAR (C) Whether the Department properly found ‘‘Specificity’’ (D) Benchmarks and calculation of benefit Comment 7: Export Buyer’s Credits Program Comment 8: Scope Exclusion Request VIII. Recommendation tkelley on DSK3SPTVN1PROD with NOTICES Appendix II Scope of the Investigation The merchandise subject to investigation is closed (i.e., not open top) van containers exceeding 14.63 meters (48 feet) but generally measuring 16.154 meters (53 feet) in exterior length, which are designed for the intermodal transport 12 of goods other than bulk liquids within North America primarily by rail or by road vehicle, or by a combination of rail and road vehicle (domestic containers). The merchandise is known in the industry by varying terms including ‘‘53-foot containers,’’ ‘‘53-foot dry containers,’’ ‘‘53-foot domestic dry containers,’’ ‘‘domestic dry containers’’ and ‘‘domestic containers.’’ These terms all describe the same article with the same design and performance characteristics. Notwithstanding the particular terminology used to describe the merchandise, all merchandise that meets the definition set forth herein is included within the scope of this investigation. Domestic containers generally meet the characteristic for closed van containers for domestic intermodal service as described in the American Association of Railroads (AAR) Manual of Standards and Recommended Practices Intermodal Equipment Manual Closed Van Containers for Domestic Intermodal Service Specification M 930 Adopted: 1972; Last Revised 2013 (AAR Specifications) for 53-foot and 53-foot high cube containers. The AAR Specifications generally define design, performance and testing requirements for closed van containers, but are not dispositive for purposes of defining subject merchandise within this scope definition. Containers which may not fall precisely within the AAR Specifications or any successor equivalent specifications are included within the scope definition of the subject merchandise if they have the exterior dimensions referenced 12 ‘‘Intermodal transport’’ refers to a movement of freight using more than one mode of transportation, most commonly on a container chassis for on-theroad transportation and on a rail car for rail transportation. VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 below, are suitable for use in intermodal transportation, are capable of and suitable for double-stacking 13 in intermodal transportation, and otherwise meet the scope definition for the subject merchandise. Domestic containers have the following actual exterior dimensions: An exterior length exceeding 14.63 meters (48 feet) but not exceeding 16.154 meters (53 feet); an exterior width of between 2.438 meters and 2.60 meters (between 8 feet and 8 feet 63⁄8 inches); and an exterior height of between 2.438 meters and 2.908 meters (between 8 feet and 9 feet 61⁄2 inches), all subject to tolerances as allowed by the AAR Specifications. In addition to two frames (one at either end of the container), the domestic containers within the scope definition have two stacking frames located equidistant from each end of the container, as required by the AAR Specifications. The stacking frames have four upper handling fittings and four bottom dual aperture handling fittings, placed at the respective corners of the stacking frames. Domestic containers also have two forward facing fittings at the front lower corners and two downward facing fittings at the rear lower corners of the container to facilitate chassis interface. All domestic containers as described herein are included within this scope definition, regardless of whether the merchandise enters the United States in a final, assembled condition, or as an unassembled kit or substantially complete domestic container which requires additional manipulation or processing after entry into the United States to be made ready for use as a domestic container. The scope of this investigation excludes the following items: (1) Refrigerated containers; (2) trailers, where the cargo box and rear wheeled chassis are of integrated construction, and the cargo box of the unit may not be separated from the chassis for further intermodal transport; (3) container chassis, whether or not imported with domestic containers, but the domestic containers remain subject merchandise, to the extent they meet the written description of the scope. Imports of the subject merchandise are provided for under subheading 8609.00.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Imports of the subject merchandise which meet the definition of and requirements for ‘‘instruments of international traffic’’ pursuant to 19 U.S.C. 1322 and 19 CFR 10.41a may be classified under subheading 9803.00.50, HTSUS. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise as set forth herein is dispositive. [FR Doc. 2015–08904 Filed 4–16–15; 8:45 am] BILLING CODE 3510–DS–P 13 ‘‘Double-stacking’’ refers to two levels of intermodal containers on a rail car, one on top of the other. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD789 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Marine Corps Training Exercises at Brant Island Bombing Target and Piney Island Bombing Range, USMC Cherry Point Range Complex, North Carolina National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of a Letter of Authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the U.S. Marine Corps (Marine Corps) to take marine mammals, by harassment, incidental to training operations at the Brant Island Bombing Target (BT–9) and Piney Island Bombing Range (BT–11) located within the Marine Corps’ Cherry Point Range Complex in Pamlico Sound, NC. DATES: Effective from March 13, 2015, through March 12, 2020. ADDRESSES: The LOA and supporting documentation may be obtained by writing to Jolie Harrison, Division Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East West-Highway, Silver Spring, MD 20910, calling the contact listed under FOR FURTHER INFORMATION CONTACT, or visiting the Internet at: https://www.nmfs.noaa.gov/pr/permits/ incidental/military.htm.Documents cited in this notice may also be viewed, by appointment, during regular business hours at the above address. FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: SUMMARY: Background Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs the Secretary of Commerce (Secretary) 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 regulations are issued. Under the MMPA, the term E:\FR\FM\17APN1.SGM 17APN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices ‘‘take’’ means to harass, hunt, capture, or kill or to attempt to harass, hunt, capture, or kill any marine mammal. Authorization for incidental takings may 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 certain 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.’’ The National Defense Authorization Act of 2004 (NDAA) (Pub. L. 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].’’ Because the Marine Corps’ activities constitute military readiness activities, they are not subject to the small numbers or specified geographic region limitations. NMFS issued regulations governing the take of one species of marine mammal, by Level A and Level B harassment, incidental to training activities on March 13, 2015. These regulations include mitigation, monitoring, and reporting requirements for the incidental take of marine mammals during the specified activities. This LOA is effective from March 13, 2015, through March 12, 2020, and authorizes the incidental take of bottlenose dolphins that may result from the training exercises occurring at the BT–9 and BT–11 bombing targets located within the Marine Corps’ Cherry Point Range Complex in Pamlico Sound, NC. The Marine Corps would conduct weapons delivery training exercises (airto-surface and surface-to-surface) at the two water-based bombing targets located VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 within the Cherry Point Range Complex in North Carolina. The military readiness activities would occur between March 2015 and March 2020, year-round, day or night. The Marine Corps proposes to use small arms, large arms, bombs, rockets, grenades, and pyrotechnics for the air-to-surface and surface-to-surface training exercises, which qualify as military readiness activities. NMFS anticipates that take, by Level B (behavioral) and Level A harassment of individuals of Atlantic bottlenose dolphin (Tursiops truncatus) would result from the training exercises. The noise generated by the Marine Corps’ activities would result in the incidental harassment of bottlenose dolphins, both behaviorally and in terms of physiological (auditory) impacts. Take of marine mammals will be minimized through the implementation of the following mitigation and monitoring measures: • Required pre- and post-exercise monitoring of the training areas to detect the presence of marine mammals during training exercises. • Required monitoring of the training areas during active training exercises with required suspensions/delays of training activities if a marine mammal enters within any of the designated mitigation zones. • Required reporting of stranded or injured marine mammals in the vicinity of the BT–9 and BT–11 bombing targets located within the Marine Corps’ Cherry Point Range Complex in Pamlico Sound, North Carolina to the NMFS Marine Mammal Stranding Network. • Required research on a real-time acoustic monitoring system to automate detection of bottlenose dolphins in the training areas. Through this LOA, the Marine Corps is required to monitor for marine mammals and submit an annual report to NMFS by June 1, annually. The report will include data collected from the monitoring program. Additional information on the mitigation, monitoring, and reporting requirements can be found in the final rule (80 FR 13264, March 13, 2015). The Marine Corps is also required to submit a comprehensive report, which shall provide full documentation of methods, results, and interpretation of all monitoring during the period of effectiveness of this LOA. This Authorization remains valid through March 12, 2020 provided the Marine Corps remains in conformance with the conditions of the regulations and the LOA, and the mitigation, monitoring, and reporting requirements PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 21213 described in 50 CFR 218.240 through 218.249 and the LOA are implemented. Dated: April 13, 2015. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015–08841 Filed 4–16–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD814 Takes of Marine Mammals Incidental to Specified Activities; Land Survey Activities Within the Eastern Aleutian Islands Archipelago, Alaska, 2015 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; request for comments. AGENCY: NMFS has received an application from the Bureau of Land Management (BLM) to take marine mammals, by harassment incidental to conducting a one-day field-based land survey of cultural sites located on a small island within the eastern Aleutian Islands archipelago for a land claim made by an Alaska Regional Native Corporation under the Alaska Native Claims Settlement Act. The proposed date for this action would be on one day between the periods of June 1 through July 31, 2015. Per the Marine Mammal Protection Act, NMFS is requesting comments on the proposal to issue an Authorization to BLM to incidentally take, by Level B harassment only, one species of marine mammal during the specified activity. DATES: NMFS must receive comments and information on or before May 18, 2015. ADDRESSES: Address comments on the application to Jolie Harrison, Division Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The mailbox address for providing email comments is ITP.Cody@ noaa.gov. Please include 0648–XD818 in the subject line. Comments sent via email to ITP.Cody@noaa.gov, including all attachments, must not exceed a 25megabyte file size. NMFS is not responsible for email comments sent to addresses other than the one provided here. SUMMARY: E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21212-21213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08841]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD789


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Marine Corps Training Exercises at Brant Island 
Bombing Target and Piney Island Bombing Range, USMC Cherry Point Range 
Complex, North Carolina

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 the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the U.S. Marine 
Corps (Marine Corps) to take marine mammals, by harassment, incidental 
to training operations at the Brant Island Bombing Target (BT-9) and 
Piney Island Bombing Range (BT-11) located within the Marine Corps' 
Cherry Point Range Complex in Pamlico Sound, NC.

DATES: Effective from March 13, 2015, through March 12, 2020.

ADDRESSES: The LOA and supporting documentation may be obtained by 
writing to Jolie Harrison, Division Chief, Permits and Conservation 
Division, Office of Protected Resources, NMFS, 1315 East West-Highway, 
Silver Spring, MD 20910, calling the contact listed under FOR FURTHER 
INFORMATION CONTACT, or visiting the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental/military.htm.Documents cited in 
this notice may also be viewed, by appointment, during regular business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce (Secretary) 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 regulations are issued. Under the MMPA, the term

[[Page 21213]]

``take'' means to harass, hunt, capture, or kill or to attempt to 
harass, hunt, capture, or kill any marine mammal.
    Authorization for incidental takings may 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 certain 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.''
    The National Defense Authorization Act of 2004 (NDAA) (Pub. L. 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].'' Because the Marine Corps' 
activities constitute military readiness activities, they are not 
subject to the small numbers or specified geographic region 
limitations.
    NMFS issued regulations governing the take of one species of marine 
mammal, by Level A and Level B harassment, incidental to training 
activities on March 13, 2015. These regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during the specified activities.
    This LOA is effective from March 13, 2015, through March 12, 2020, 
and authorizes the incidental take of bottlenose dolphins that may 
result from the training exercises occurring at the BT-9 and BT-11 
bombing targets located within the Marine Corps' Cherry Point Range 
Complex in Pamlico Sound, NC.
    The Marine Corps would conduct weapons delivery training exercises 
(air-to-surface and surface-to-surface) at the two water-based bombing 
targets located within the Cherry Point Range Complex in North 
Carolina. The military readiness activities would occur between March 
2015 and March 2020, year-round, day or night. The Marine Corps 
proposes to use small arms, large arms, bombs, rockets, grenades, and 
pyrotechnics for the air-to-surface and surface-to-surface training 
exercises, which qualify as military readiness activities. NMFS 
anticipates that take, by Level B (behavioral) and Level A harassment 
of individuals of Atlantic bottlenose dolphin (Tursiops truncatus) 
would result from the training exercises. The noise generated by the 
Marine Corps' activities would result in the incidental harassment of 
bottlenose dolphins, both behaviorally and in terms of physiological 
(auditory) impacts.
    Take of marine mammals will be minimized through the implementation 
of the following mitigation and monitoring measures:
     Required pre- and post-exercise monitoring of the training 
areas to detect the presence of marine mammals during training 
exercises.
     Required monitoring of the training areas during active 
training exercises with required suspensions/delays of training 
activities if a marine mammal enters within any of the designated 
mitigation zones.
     Required reporting of stranded or injured marine mammals 
in the vicinity of the BT-9 and BT-11 bombing targets located within 
the Marine Corps' Cherry Point Range Complex in Pamlico Sound, North 
Carolina to the NMFS Marine Mammal Stranding Network.
     Required research on a real-time acoustic monitoring 
system to automate detection of bottlenose dolphins in the training 
areas.
    Through this LOA, the Marine Corps is required to monitor for 
marine mammals and submit an annual report to NMFS by June 1, annually. 
The report will include data collected from the monitoring program. 
Additional information on the mitigation, monitoring, and reporting 
requirements can be found in the final rule (80 FR 13264, March 13, 
2015). The Marine Corps is also required to submit a comprehensive 
report, which shall provide full documentation of methods, results, and 
interpretation of all monitoring during the period of effectiveness of 
this LOA.
    This Authorization remains valid through March 12, 2020 provided 
the Marine Corps remains in conformance with the conditions of the 
regulations and the LOA, and the mitigation, monitoring, and reporting 
requirements described in 50 CFR 218.240 through 218.249 and the LOA 
are implemented.

     Dated: April 13, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-08841 Filed 4-16-15; 8:45 am]
 BILLING CODE 3510-22-P
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