Federal Register / Vol. 69, No. 3 / Tuesday, January 6, 2004 / Notices 631

Regulations Governing the Taking and 

Importing of Marine Mammals (50 CFR 

part 216), the Endangered Species Act of 

1973, as amended (ESA- 16 U.S.C. 1531 

et seq.), and the regulations governing 

the taking, importing, and exporting of 

endangered and threatened species (50 

CFR 222–226).

Permit No. 642–1536–00 authorizes 

the permit holder to conduct aerial and 

vessel-based research, including surface 

and underwater photography/

videography for fluke identification and 

sex verification, on North Pacific 

humpback whales (Megaptera 

novaeangliae) and several other species 

of cetaceans in Hawaii waters. The 

permit holder now requests 

authorization to add biopsy sampling 

and suction cup/implantable 

bioacoustic tagging of various marine 

mammal species resident to Hawaii, 

including humpback whales, fin whales 

(Balaenoptera physalus), sei whales 

(Balaenoptera borealis), Bryde’s whales 

(Balaenoptera edeni), killer whales 

(Orcinus orca), short-finned pilot 

whales (Globicephala macrorhynchus), 

melon-headed whales (Peponocephala 

electra), false killer whales (Pseudorca 

crassidens), spinner dolphins (Stenella 

longirostris), spotted dolphins (Stenella 

attenuata), striped dolphins (Stenella 

coeruleoalba), Risso’s dolphins 

(Grampus griseus), rough-toothed 

dolphins (Steno bredanensis), 

bottlenose dolphins (Tursiops 

truncatus), sperm whales (Physeter 

macrocephalus), pygmy sperm whales 

(Kogia breviceps), dwarf sperm whales 

(Kogia simus), Baird’s beaked whale 

(Berardius bairdii), Cuvier’s beaked 

whales (Ziphius cavirostris), and 

Blainville’s beaked whales (Mesoplodon 

densirostris). Specifically, the permit 

holder is requesting 40 tagging takes and 

80 biopsy takes for humpback whales, 5 

tagging takes and 10 biopsy takes for fin, 

sei, Bryde’s, and killer whales, and 20 

tagging takes and 40 biopsy takes for all 

other requested species. Biopsy 

sampling is requested to further study 

the population structure of the above 

species. Bioacoustic tagging is requested 

to record and quantify the various 

acoustic stimuli in the animals’

environment, with a primary objective 

of tagging singing humpback whale 

males to further understand song 

structure and duration. The proposed 

research is requested for the duration of 

the current permit which expires on 

May 31, 2005. All research will take 

place in Hawaiian waters.

NOAA environmental review 

procedures provide that scientific 

research permits are generally 

categorically excluded from the 

National Environmental Policy Act of 

1969 (NEPA; 42 U.S.C. 4321 et seq.) 

requirements to prepare an 

environmental assessment (EA) or 

environmental impact statement. 

However, given that portions of the 

research are directed at species listed as 

threatened or endangered under the 

ESA, NMFS is currently preparing an 

EA to determine if the proposed 

activities are likely to result in any 

significant impacts to social, economic, 

biological or physical environment 

resources.

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of this 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors.

Dated: December 30, 2003.

Tammy C. Adams, 

Acting Chief, Permits, Conservation and 

Education Division, Office of Protected 

Resources, National Marine Fisheries Service.

[FR Doc. 04–232 Filed 1–5–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 122303K]

Marine Mammals; Photography Permit 

File No. 1061–1738

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Receipt of application.

SUMMARY: Notice is hereby given that 

Joanne Lunt, Wag TV, 2d Leroy House, 

436 Essex Road, London N1 3QP, 

England [Principal Investigator: Joanne 

Lunt] has applied in due form for a 

permit to take Northern elephant seals 

(Mirounga angustirostris) for purposes 

of commercial/educational 

photography.

DATES: Written or telefaxed comments 

must be received on or before February 

5, 2004.

ADDRESSES: The application and related 

documents are available for review 

upon written request or by appointment 

in the following office(s):

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018.

FOR FURTHER INFORMATION CONTACT: Jill 

Lewandowski or Jennifer Jefferies 

(301)713–2289.

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of section 104(c)(6) of the 

Marine Mammal Protection Act of 1972, 

as amended (16 U.S.C. 1361 et seq.), and 

the Regulations Governing the Taking 

and Importing of Marine Mammals (50 

CFR part 216). Section 104(c)(6) of the 

MMPA provides for photography for 

educational or commercial purposes 

involving marine mammals in the wild 

not listed as endangered or threatened. 

NMFS is currently working on proposed 

regulations to implement this provision. 

However, in the meantime, NMFS has 

received and is processing this request 

as a ‘‘pilot’’ application for Level B 

Harassment of non-listed marine 

mammals for photographic purposes.

The applicant specifically proposes to 

take by harassment up to 200 northern 

elephant seals during land-based 

filming activities. The purpose of the 

proposed project is to collect footage of 

mating behavior and also document 

permitted scientists conducting research 

on northern elephant seals. The footage 

will be used to produce a documentary 

on the evolution of sexual behavior that 

will be broadcast on Discovery Channel 

US and Channel 4 UK. Filming 

activities will take place in Point Reyes 

or Ano Nuevo, California. The Permit 

would be valid 1 year after the date of 

issuance with filming currently 

scheduled to take place during February 

2004.

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an initial 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement.

Written comments or requests for a 

public hearing on this application 

should be mailed to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular request would 

be appropriate.

Comments may also be submitted by 

facsimile to (301) 713–0376, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period. Please note that 

comments will not be accepted by email or by other electronic media.

Concurrent with the publication of 

this notice in the Federal Register, 

632 Federal Register / Vol. 69, No. 3 / Tuesday, January 6, 2004 / Notices 

1 7 U.S.C. 7a–1(2003).

2 7 U.S.C. 11 (2003).

3 7 U.S.C. 6c (2003).

4The letter, dated November 17, 2003, was sent 

to John Lawton, Deputy Director and Chief Counsel 

of the Division of Clearing and Intermediary 

Oversight.

5 68 FR 79494 (December 18, 2003).

6See, e.g., 65 FR 77993 (December 13, 2000) 

(adopting final rules pursuant to the 4(c) 

exemption).

NMFS is forwarding copies of this 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors.

Dated: December 30, 2003.

Tammy C. Adams,

Acting Chief, Permits, Conservation and 

Education Division, Office of Protected 

Resources, National Marine Fisheries Service.

[FR Doc. 04–230 Filed 1–5–04; 8:45 am]

BILLING CODE 3510–22–S

COMMODITY FUTURES TRADING 

COMMISSION 

In the Matter of Intermarket Clearing 

Corporation—Request for Vacation 

From Designation as Derivatives 

Clearing Organization

AGENCY: Commodity Futures Trading 

Commission.

ACTION: Order.

SUMMARY: In response to a request by the 

Intermarket Clearing Corporation 

(‘‘ICC’’), the Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is issuing an order vacating 

ICC’s designation as a Derivatives 

Clearing Organization (‘‘DCO’’).

EFFECTIVE DATE: December 31, 2003.

FOR FURTHER INFORMATION CONTACT: R. 

Trabue Bland, Attorney, Division of 

Clearing and Intermediary Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Telephone: (202) 418–5430. Email: tbland@cftc.gov.

SUPPLEMENTARY INFORMATION: 

I. Statutory Background 

Section 5b(d) of the Commodity 

Exchange Act 1 (‘‘Act’’) provides that 

DCOs that clear contracts for boards of 

trade designated by the Commission as 

contract markets prior to a certain date 

are deemed registered with the 

Commission. Under Section 1a(29)(C) of 

the Act, registered DCOs are ‘‘registered 

entities.’’ Section 7 of the Act 2 provides 

that ‘‘any person that has been 

designated or registered as a registered 

entity in the manner herein provided 

may have such designation or 

registration vacated and set aside by 

giving notice to the Commission 

requesting that its designation or 

registration as a registered entity be 

vacated, which notice shall be served at 

least ninety days prior to the date 

named therein as the date when 

vacation of designation or registration 

shall take effect.’’ ICC has requested that 

the vacation of this registration take 

place before the expiration of the 

ninety-day period. In response to the 

request, the Commission is exempting 

ICC from the notice requirements of 

Section 7 of the Act pursuant to Section 

4(c) of the Act,3 which gives the 

Commission broad exemptive authority, 

and then vacating ICC’s registration.

II. Request for Vacation of Registration 

A. Background 

By letter to the Division of Clearing 

Intermediary Oversight, the ICC 

submitted a request for the vacation of 

registration.4 The ICC is a registered 

DCO under Section 5b(d) of the Act and 

thus a registered entity as defined in 

Section 1a(29)(C) of the Act. The ICC is 

a wholly owned subsidiary of The 

Options Clearing Corporation (‘‘OCC’’), 

another registered DCO. For the past 

several years, ICC has not engaged in 

any clearing activities, and thus the 

OCC wishes to merge the ICC into the 

OCC. At the completion of the merger, 

ICC will cease to exist as a corporate 

entity. Therefore, the ICC requests that 

the Commission vacate the registration 

of ICC as a DCO.

Section 7 of the Act allows ‘‘any 

person that has been designated or 

registered as a registered entity in the 

manner herein provided may have such 

designation or registration vacated and 

set aside by giving notice to the 

Commission requesting that its 

designation or registration as a 

registered entity be vacated, which 

notice shall be served at least ninety 

days prior to the date named therein as 

the date when vacation of designation or 

registration shall take effect.’’ ICC 

served notice to the Commission on 

November 17, 2003. However, the 

merger of ICC and OCC will take place 

before the end of the calendar year 2003, 

which will occur before the expiration 

of the ninety-day notice period required 

by Section 7 of the Act. Therefore, ICC 

requests, pursuant to Section 4(c) of the 

Act, that the Commission exempt ICC 

from Section 7’s ninety-day notice 

requirement. On December 18, 2003, the 

Commission published a proposed order 

and invited comment on ICC’s request. 5 The Commission received no 

comments.

B. Public Interest Considerations 

The Commission is waiving the 

Section 7 ninety-day notice requirement 

pursuant to section 4(c) of the Act, 

which grants the Commission broad 

exemptive authority. Section 4(c) of the 

Act provides that, in order to promote 

responsible economic or financial 

innovation and fair competition, the 

Commission ‘‘may, by rule, regulation 

or order, exempt any class of 

agreements, contracts or transactions, 

including any person or class of persons 

offering, entering into, rendering advice 

or rendering other services with respect 

to, the agreement, contract, or 

transaction, from the contract market 

designation requirement of Section 4(a) 

of the Act, or any other provision of the 

Act * * * if the Commission 

determines that the exemption would be 

consistent with the public interest.’’ 6

As explained above, the ICC has not 

operated as a clearing entity in a 

number of years. The merger of ICC into 

OCC will allow the OCC to streamline 

its operations. The Commission believes 

that exempting ICC from the ninety-day 

requirement of section 7 is consistent 

with the public interest, is consistent 

with the purposes of the Act and would 

have no adverse effect on the ability of 

OCC to fulfill its self-regulatory 

responsibilities imposed by the Act. 

The Commission invited comments 

specifically on exempting ICC from the 

ninety-day requirement of section 7 and 

received no comments. 

III. Conclusion 

After consideration of the ICC request, 

the Commission has determined to 

exempt ICC from the ninety-day notice 

requirement of section 7 of the Act. 

Furthermore, the Commission is 

vacating the Intermarket Clearing 

Corporation’s registration as a 

derivatives clearing organization upon 

completion of the merger between ICC 

and OCC. 

IV. Cost-Benefit Analysis 

Section 15(a) of the Act requires the 

Commission to consider the costs and 

benefits of its action before issuing a 

new regulation or order under the Act. 

By its terms, section 15(a) does not 

require the Commission to quantify the 

costs and benefits of a new order or to 

determine whether the benefits of the 

order outweigh its costs. Rather, section 

15(a) simply requires the Commission to 

‘‘consider the costs and benefits’’ of its 

action.’’