Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 58411

the affected species or stocks. Marine 

mammals will have sufficient notice of 

a vessel approaching with operating 

seismic airguns, thereby giving them an 

opportunity to avoid the approaching 

array; if ramp-up is required, two 

marine mammal observers will be 

required to monitor the safety radii 

using shipboard lighting or NVDs for at 

least 30 minutes before ramp-up begins 

and verify that no marine mammals are 

in or approaching the safety radii; rampup may not begin unless the entire 

safety radii are visible. Therefore as 

mentioned earlier, it is likely that the 3 

GI-airgun array will not be ramped-up 

from a shut-down at night when in 

waters shallower than 100 m (328 ft).

Reporting

L-DEO will submit a report to NMFS 

within 90 days after the end of the 

cruise, which is currently predicted to 

occur during November and December, 

2004. The report will describe the 

operations that were conducted and the 

marine mammals that were detected. 

The report must provide full 

documentation of methods, results, and 

interpretation pertaining to all 

monitoring tasks. The report will 

summarize the dates and locations of 

seismic operations, marine mammal 

sightings (dates, times, locations, 

activities, associated seismic survey 

activities), and estimates of the amount 

and nature of potential take of marine 

mammals by harassment or in other 

ways.

Endangered Species Act (ESA)

Under section 7 of the ESA, the 

National Science Foundation (NSF), the 

agency funding L-DEO, has begun 

consultation on the proposed seismic 

survey. NMFS will also consult on the 

issuance of an IHA under section 

101(a)(5)(D) of the MMPA for this 

activity. Consultation will be concluded 

prior to a determination on the issuance 

of an IHA.

National Environmental Policy Act 

(NEPA)

The NSF has prepared an EA for the 

ETPO oceanographic surveys. NMFS is 

reviewing this EA and will either adopt 

it or prepare its own NEPA document 

before making a determination on the 

issuance of an IHA. A copy of the NSF 

EA for this activity is available upon 

request (see ADDRESSES).

Preliminary Conclusions

NMFS has preliminarily determined 

that the impact of conducting the 

seismic survey in the ETPO off Central 

America may result, at worst, in a 

temporary modification in behavior by 

certain species of marine mammals. 

This activity is expected to result in no 

more than a negligible impact on the 

affected species or stocks.

For reasons stated previously in this 

document, this preliminary 

determination is supported by (1) the 

likelihood that, given sufficient notice 

through slow ship speed and ramp-up, 

marine mammals are expected to move 

away from a noise source that it is 

annoying prior to its becoming 

potentially injurious; (2) recent research 

that indicates that TTS is unlikely (at 

least in delphinids) until levels closer to 

200–205 dB re 1 microPa are reached 

rather than 180 dB re 1 microPa; (3) the 

fact that 200–205 dB isopleths would be 

well within 100 m (328 ft) of the vessel 

even in shallow water; and (4) the 

likelihood that marine mammal 

detection ability by trained observers is 

close to 100 percent during daytime and 

remains high at night to that distance 

from the seismic vessel. As a result, no 

take by injury or death is anticipated, 

and the potential for temporary or 

permanent hearing impairment is very 

low and will be avoided through the 

incorporation of the proposed 

mitigation measures mentioned in this 

document.

While the number of potential 

incidental harassment takes will depend 

on the distribution and abundance of 

marine mammals in the vicinity of the 

survey activity, the number of potential 

harassment takings is estimated to be 

small. In addition, the proposed seismic 

program will not interfere with any legal 

subsistence hunts, since seismic 

operations will not take place in 

subsistence whaling and sealing areas 

and will not affect marine mammals 

used for subsistence purposes.

Proposed Authorization

NMFS proposes to issue an IHA to LDEO for conducting a oceanographic 

seismic survey in the ETPO off Central 

America, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

NMFS has preliminarily determined 

that the proposed activity would result 

in the harassment of small numbers of 

marine mammals; would have no more 

than a negligible impact on the affected 

marine mammal stocks; and would not 

have an unmitigable adverse impact on 

the availability of species or stocks for 

subsistence uses.

Information Solicited

NMFS requests interested persons to 

submit comments and information 

concerning this request (see ADDRESSES).

Dated: September 24, 2004.

Laurie K. Allen,

Director, Office of Protected Resources, 

National Marine Fisheries Service.

[FR Doc. 04–21973 Filed 9–29–04; 8:45 am]

BILLING CODE 3510–22–S

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS

Adjustment of an Import Sublimit for 

Certain Man-Made Fiber Textile 

Products Produced or Manufactured in 

Belarus

September 28, 2004.

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA).

ACTION: Issuing a directive to the 

Commissioner, Bureau of Customs and 

Border Protection adjusting a sublimit.

EFFECTIVE DATE: September 30, 2004.

FOR FURTHER INFORMATION CONTACT:

Naomi Freeman, International Trade 

Specialist, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–4212. For information on the 

quota status of this sublimit, refer to the 

Quota Status Reports posted on the 

bulletin boards of each Customs port, 

call (202) 927–5850, or refer to the 

Bureau of Customs and Border 

Protection website at http://

www.cbp.gov. For information on 

embargoes and quota re-openings, refer 

to the Office of Textiles and Apparel 

website at http://otexa.ita.doc.gov.

SUPPLEMENTARY INFORMATION:

Authority: Section 204 of the Agricultural 

Act of 1956, as amended (7 U.S.C. 1854); 

Executive Order 11651 of March 3, 1972, as 

amended.

The current sublimit for Category 622-

N is being adjusted for carryforward. 

The limit and sublimit for 622 and 622-

L remain unchanged.

A description of the textile and 

apparel categories in terms of HTS 

numbers is available in the 

CORRELATION: Textile and Apparel 

Categories with the Harmonized Tariff 

Schedule of the United States (see 

Federal Register notice 69 FR 4926, 

published on February 2, 2004). Also 

see 68 FR 70494, published on 

58412 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 

December 18, 2003; and 69 FR 10429, 

published on March 5, 2004.

D. Michael Hutchinson,

Acting Chairman, Committee for the 

Implementation of Textile Agreements.

Committee for the Implementation of Textile 

Agreements

September 28, 2004.

Commissioner,

Bureau of Customs and Border Protection, 

Washington, DC 20229.

Dear Commissioner: This directive 

amends, but does not cancel, the directives 

issued to you on December 12, 2003 and 

March 1, 2004, by the Chairman, Committee 

for the Implementation of Textile 

Agreements. These directives concern 

imports of certain wool and man-made fiber 

textile products, produced or manufactured 

in Belarus and exported during the twelvemonth period which began on January 1, 

2004 and extends through December 31, 

2004.

Effective on September 30, 2004, you are 

directed to adjust the sublimit for Category 

622-N, as provided for under the agreement 

between the Governments of the United 

States and Belarus dated January 10, 2003:

Category Twelve-month restraint 

limit 1

622 ........................... 9,494,193 square meters of which not 

more than 1,590,000 

square meters shall 

be in Category 622-

L 2, and not more 

than 648,006 square 

meters shall be in 

Category 622-N 3.

1The limits have not been adjusted to account for any imports exported after December 

31, 2003. 2 Category 622-L: only HTS numbers 

7019.51.9010, 7019.52.4010, 7019.52.9010, 

7019.59.4010, and 7019.59.9010. 3 Category 622-N : only HTS numbers 

7019.52.40.21, 7019.52.90.21, 7019.59.40.21, 

7019.59.90.21.

The Committee for the Implementation of 

Textile Agreements has determined that 

these actions fall within the foreign affairs 

exception to the rulemaking provisions of 5 

U.S.C.553(a)(1).

Sincerely,

D. Michael Hutchinson,

Acting Chairman, Committee for the 

Implementation of Textile Agreements.

[FR Doc. 04–22098 Filed 9–29–04; 8:45 am]

BILLING CODE 3510–DR–S

COMMODITY FUTURES TRADING 

COMMISSION 

Technology Advisory Committee 

Meeting 

This is to give notice, pursuant to 

Section 10(a) of the Federal Advisory 

Committee Act, 5 U.S.C. App. 2, Section 

10(a), that the Commodity Futures 

Trading Commission’s Technology 

Advisory Committee will conduct a 

public meeting on Wednesday, October 

13, 2004. The meeting will take place in 

the first floor hearing room of the 

Commission’s Washington, DC 

headquarters, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. The meeting will begin at 1 p.m. 

and last until 4 p.m. The purpose of the 

meeting is to discuss technology-related 

issues involving the financial services 

and commodity markets. 

The agenda will consist of the 

following: 

(1) Surveillance of electronic trading. 

(2) How exchanges deal with 

disruptions to market operations. 

(3) Report on Industry-wide Disaster 

Recovery Test. 

The meeting is open to the public. 

The Chairman of the Advisory 

Committee, Acting Commission 

Chairman Sharon Brown-Hruska, is 

empowered to conduct the meeting in a 

fashion that will, in her judgment, 

facilitate the orderly conduct of 

business. Any member of the public 

who wishes to file a written statement 

with the Advisory Committee should 

mail a copy of the statement to the 

attention of: Technology Advisory 

Committee, c/o Acting Chairman Sharon 

Brown-Hruska, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581, before the 

meeting. Members of the public who 

wish to make oral statements should 

inform Acting Chairman Brown-Hruska 

in writing at the foregoing address at 

least three business days before the 

meeting. Reasonable provision will be 

made, if time permits, for oral 

presentations of no more than five 

minutes each in duration. For further 

information concerning this meeting, 

please contact Ananda Radhakrishnan, 

Counsel to Acting Chairman BrownHruska, (202) 418–5188.

Issued by the Commission in Washington, 

DC, on September 27, 2004. 

Jean A. Webb, 

Secretary of the Commission.

[FR Doc. 04–21995 Filed 9–28–04; 8:45 am] 

BILLING CODE 6351–01–M

DEPARTMENT OF DEFENSE

Department of the Army 

Performance Review Board 

Membership

AGENCY: Department of the Army, DoD.

ACTION: Notice.

SUMMARY: Notice is given of the names 

of members of a Performance Review 

Board for the Department of the Army.

DATES: September 21, 2004.

FOR FURTHER INFORMATION CONTACT:

Marilyn Ervin, U.S. Army Senior 

Executive Service Office, Assistant 

Secretary of the Army, Manpower & 

Reserve Affairs, 111 Army, Washington, 

DC 20310–0111.

SUPPLEMENTARY INFORMATION: Section 

4314(c)(1) through (5) of Title 5, U.S.C., 

requires each agency to establish, in 

accordance with regulations, one or 

more Senior Executive Service 

performance review boards. The boards 

shall review and evaluate the initial 

appraisal of senior executives’

performance by supervisors and make 

recommendations to the appointing 

authority or rating official relative to the 

performance of these executives. 

The members of the Performance 

Review Board for the North Atlantic 

Treaty Organization, Army element are: 

1. Mr. Alfred G. Volkman, Director, 

International Cooperations, Office of the 

Under Secretary of Defense, 

Acquisition, Technology and Logistics. 

2. Mr. Barry Pavel, Principal Director 

for Strategy, Office of the Secretary of 

Defense. 

3. Mr. James J. Townsend, Principal 

Director for European and North 

Atlantic Treaty Organization Policy.

Brenda Bowen, 

Army Federal Register Liaison Officer.

[FR Doc. 04–21992 Filed 9–29–04; 8:45 am] 

BILLING CODE 3710–08–M

DEPARTMENT OF DEFENSE

Department of the Army; Corps of 

Engineers 

Intent To Prepare a Draft Integrated 

Feasibility Report/Environmental 

Impact Statement for the Chatfield 

Reservoir, CO, Storage Reallocation 

Project

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DOD.

ACTION: Notice.

SUMMARY: The U.S. Army Corps of 

Engineers, Omaha District (Corps) is 

conducting a feasibility study to 

‘‘reassign a portion of the storage space 

in the Chatfield Lake project to joint 

flood control-conservation purposes, 

including storage for municipal and 

industrial water supply, agriculture, and 

recreation and fishery habitat protection 

and enhancement,’’ as authorized under 

Section 808 of the Water Resources 

Development Act of 1986. The