Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 72807 

objectives of section 2 of PWEDA (42 

U.S.C. 3121); 

2. Relative economic distress of the 

applicant; 

3. Financial or management capability 

of the applicant; 

4. Availability of program funding; 

5. Geographic balance in distribution 

of program funds; 

6. Balance of diverse project types in 

the distribution of program funds; 

7. Balanced funding for a diverse 

group of organizations, to include 

smaller and rural organizations, which 

may form part of a broader consortium 

to serve diverse populations and areas 

within the regional office’s territory; 

8. The applicant’s performance under 

previous Federal financial assistance 

awards; 

9. A determination that a project is 

more likely to create jobs in a shorter 

timeframe; or 

10. Whether the project will enable 

BRAC-impacted communities to 

transition from a military to civilian 

economy and otherwise respond to 

economic impacts. 

The Regional Director’s final decision 

must be consistent with EDA’s and the 

U.S. Department of Commerce’s 

policies. Any time the Regional Director 

makes a selection that differs from the 

IRC’s recommendations, the Regional 

Director will document the rationale for 

the decision in writing. 

Notification to Applicants: Applicants 

for Short-Term Planning assistance or 

Local Technical Assistance will be 

notified if their applications are 

recommended for funding. For 

Economic Development District 

Partnership Planning applicants, EDA 

will continue to handle the award 

process in accord with current practice. 

Potential Economic Development 

District Partnership Planning applicants 

should contact the applicable EDA 

regional office for instructions. 

If an application is selected for 

funding and the applicant successfully 

completes all due diligence 

requirements, the EDA Grants Officer 

will issue the grant award (Form CD– 

450), which is the authorizing financial 

assistance award document. By signing 

Form CD–450, the recipient agrees to 

comply with all award provisions. EDA 

will provide Form CD–450 by mail or 

overnight delivery to the appropriate 

business office of the recipient’s 

organization. The recipient must sign 

and return the Form CD–450 without 

modification within 30 days of receipt. 

The Department of Commerce PreAward Notification Requirements for 

Grants and Cooperative Agreements: 

The administrative and national policy 

requirements for all Department of 

Commerce awards, contained in the 

Department of Commerce Pre-Award 

Notification Requirements for Grants 

and Cooperative Agreements, published 

in the Federal Register on February 11, 

2008 (73 FR 7696), are applicable to this 

notice. 

Paperwork Reduction Act: This 

document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). The 

use of Form ED–900 (Application for 

Investment Assistance) has been 

approved by the Office of Management 

and Budget (OMB) under the Control 

Number 0610–0094. The use of Forms 

SF–424 (Application for Financial 

Assistance), SF–424A (Budget 

Information—Non-Construction 

Programs), SF–424B (Assurances—NonConstruction Programs), SF–424C 

(Budget Information—Construction 

Programs), SF–424D (Assurances— 

Construction Programs), and Form SF– 

LLL (Disclosure of Lobbying Activities) 

has been approved under OMB Control 

Numbers 4040–0004, 0348–0044, 4040– 

0007, 4040–0008, 4040–0009, and 0348– 

0046 respectively. The Form CD–346 

(Applicant for Funding Assistance) is 

approved under OMB Control Number 

0605–0001. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA unless 

that collection of information displays a 

currently valid OMB Control Number. 

Executive Order 12866 (Regulatory 

Planning and Review): This notice has 

been determined to be not significant for 

purposes of Executive Order 12866. 

Executive Order 13132 (Federalism): 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act: Prior notice 

and an opportunity for public comments 

are not required by the Administrative 

Procedure Act or any other law for rules 

concerning grants, benefits, and 

contracts (5 U.S.C. 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Dated: November 19, 2010. 

Brian P. McGowan, 

Deputy Assistant Secretary of Commerce for 

Economic Development. 

[FR Doc. 2010–29744 Filed 11–24–10; 8:45 am] 

BILLING CODE 3510–24–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ98 

Taking of Marine Mammals Incidental 

to Specified Activities; U.S. Marine 

Corps Training Exercises at Air Station 

Cherry Point 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

harassment authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) regulations, notification is 

hereby given that NMFS has issued an 

Incidental Harassment Authorization 

(IHA) to the U.S. Marine Corps (USMC) 

to take marine mammals, by Level B 

harassment only, incidental to military 

training exercises at Marine Corps Air 

Station (MCAS) Cherry Point Range 

Complex, North Carolina. The USMC’s 

activities are considered military 

readiness activities pursuant to the 

MMPA, as amended by the National 

Defense Authorization Act (NDAA) for 

Fiscal Year 2004. 

DATES: Effective December 1, 2010– 

November 30, 2011. 

ADDRESSES: A copy of the IHA and the 

application are available by writing to 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225, telephoning the contact 

listed below (see FOR FURTHER

INFORMATION CONTACT), or visiting the 

internet at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm. The 

following associated documents are also 

available at the same internet address: 

Environmental Assessment MCAS 

Cherry Point Range Operations (USMC 

2009) and the associated Finding of No 

Significant Impact (FONSI). Documents 

cited in this notice may also be viewed, 

by appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 713–2289. 


srobinson on DSKHWCL6B1PROD with NOTICES
72808 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

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 

specified activity (other than 

commercial fishing) if certain findings 

are made and regulations are issued or, 

if the taking is limited to harassment, 

notice of a proposed authorization is 

provided to the public for review. 

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 if 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.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. 

Section 101(a)(5)(D) establishes a 45-day 

time limit for NMFS review of an 

application followed by a 30-day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny the authorization. 

The 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]. 

Summary of Request 

On August 6, 2009, NMFS received an 

application from the USMC requesting 

an IHA for the take, by harassment only, 

of Atlantic bottlenose dolphins 

(Tursiops truncatus) incidental to air-tosurface and surface-to-surface training 

exercises conducted around two 

bombing targets (BTs) within southern 

Pamlico Sound, North Carolina, at 

MCAS Cherry Point. In summary, 

weapon delivery training will occur at 

two BTs: Brant Island Target (BT–9) and 

Piney Island Bombing Range (BT–11). 

Training at BT–9 will involve air-tosurface (from aircraft to in-water targets) 

and surface-to-surface (from vessels to 

in-water targets) warfare training, 

including bombing, strafing, special 

(laser systems) weapons; surface fires 

using non-explosive and explosive 

ordnance; and mine laying exercises 

(inert). Training at BT–11 will involve 

air-to-surface exercises to provide 

training in the delivery of conventional 

(non-explosive) and special (laser 

systems) weapons. Surface-to-surface 

training by small (i.e., 24–85 ft) military 

watercraft will also be executed here. 

The types of ordnances proposed for use 

at BT–9 and BT–11 include small arms, 

large arms, bombs, rockets, missiles, and 

pyrotechnics. All munitions used at BT– 

11 are inert practice rounds. No live 

firing occurs at BT–11. Training for any 

activity may occur year-round, day or 

night. Active sonar is not a component 

of these specified training exercises; 

therefore, no harassment from active 

sonar is covered by the IHA. 

Description of the Specified Activity 

All inert and live-fire exercises at 

MCAS Cherry Point are conducted so 

that all ammunition and other 

ordnances strike and/or fall on the land 

or water based target or within the 

existing danger zones or water restricted 

areas. The BTs are located at the 

convergence of the Neuse River and 

Pamlico Sound, North Carolina. Military 

training activities at the BTs include 

gunnery; mine laying; bombing; or 

rocket exercises and are classified into 

two categories here based on delivery 

method: (1) Surface-to-surface gunnery 

and (2) air-to-surface bombing. Exercises 

may occur year round, day or night (less 

than 15 percent of training occurs at 

night). 

Surface-to-surface fires are fires from 

boats at sea to targets at sea. These can 

be direct (targets are within sight) or 

indirect (targets are not within sight). 

Gunnery exercise employing direct fire 

is the only category of surface-to-surface 

activity currently conducted within 

MCAS Cherry Point. There are four 

types of air-to-surface activities 

conducted within the MCAS Cherry 

Point BTs: Inert mine laying; bombing; 

gunnery; and rocket exercises which are 

carried out via fixed wing or rotary wing 

aircraft. High explosive ordnance is 

used only at BT–9. Based on 2007 data, 

the USMC would conduct 

approximately 1,539 aircraft-based and 

165 vessel-based sorties, annually, at 

BT–9 and approximately 6,727 aircraftbased and 51 vessel-based sorties, 

annually, at BT–11. The standard sortie 

consists of two aircraft per bombing run 

or an average of two and maximum of 

six vessels. A complete description of 

these military readiness activities, 

including the type and amount of 

ammunition used during training, is 

available in the proposed Federal 

Register notice for this action (75 FR 

32398; June 8, 2010). 

Description of Marine Mammals in the 

Area of the Specified Activity 

Only one marine mammal species, the 

bottlenose dolphin, occurs within 

Pamlico Sound around the BTs. The 

endangered West Indian manatee 

(Trichechus manatus) has been sighted 

rarely (Lefebvre et al., 2001; DoN, 2003) 

within Pamlico Sound; however, the 

U.S. Fish and Wildlife Service oversees 

management of this species. Therefore, 

authorization to harass West Indian 

manatees is not included in any NMFS’ 

authorization and will not be discussed 

further. 

Four out of seven designated coastal 

stocks of the Atlantic bottlenose dolphin 

may occur in North Carolina waters at 

some part of the year: The Northern 

Migratory stock (NM; winter); the 

Southern Migratory stock (SM; winter); 

the Northern North Carolina Estuarine 

stock (NNCE; resident, year round); and 

the more recently identified Southern 

North Carolina stock (SNC; resident, 

year round). Dolphins encountered at 

the BTs likely belong to the NNCE and 

SNC stock; however, this may not 

always be the case. NMFS’ 2008 stock 

assessment report provides further 

detail on stock delineation. All stocks 

discussed here are considered Depleted 

under the MMPA (Waring et al., 2007). 

In Pamlico Sound, bottlenose 

dolphins concentrate in shallow water 

habitats along shorelines, and few, if 

any, individuals are present in the 

central portions of the sounds (Gannon, 

2003; Read et al., 2003a, 2003b). Finescale dolphin abundance and density 

studies have been conducted in Pamlico 

Sound via aerial and boat based surveys 

(Read et al., 2003; Mayer, 2003; 

Goodman et al., 2007). Read et al. (2007) 

also conducted passive acoustic 

monitoring to determine dolphin 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 72809 

presence around the BTs. The survey 

resulted in varying abundance and 

density estimates; however, in general, 

abundance was higher in summer than 

winter, density estimates ranged from 

0.09 to 0.18 dolphins/km2, and 

abundance around BT–11 was greater 

than BT–9. A complete description of 

bottlenose dolphin biology and ecology 

within Pamlico Sound can be found in 

the proposed IHA Federal Register 

notice prepared for this action (75 FR 

32398; June 8, 2010). 

Effects on Marine Mammals 

As mentioned previously, with 

respect to military readiness activities, 

Section 3(18)(B) of the MMPA defines 

‘‘harassment’’ as: 

(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]. 

The USMC and NMFS have 

determined that harassment to marine 

mammals (specifically, bottlenose 

dolphins) may occur incidental to noise 

and detonations related to munitions 

firing on the BTs. These military 

readiness activities will result in 

increased noise levels, explosions, and 

munition debris within bottlenose 

dolphin habitat. In the absence of 

planned mitigation and monitoring 

measures, it is possible that injury or 

mortality of bottlenose dolphins could 

occur; however, due to the 

implementation of the planned 

measures, NMFS does not anticipate 

that harassment would rise to the level 

of injury (Level A harassment) or 

mortality. Therefore, the IHA solely 

authorizes Level B (behavioral) 

harassment incidental to the USMC’s 

training activities. NMFS anticipates 

that bottlenose dolphins may undergo 

temporary threshold shift, masking, 

stress response, and altered behavioral 

patterns (e.g., traveling, resting, 

opportunistic foraging). A complete 

description of these impacts is available 

in the proposed IHA Federal Register 

notice prepared for this action (75 FR 

32398, June 8, 2010). 

Effects on Marine Mammal Habitat 

Detonations of live ordnance will 

result in temporary modification to 

physical water properties. Munitions are 

designed to hit the targets and not 

explode in-water; however, because the 

targets are on the water (e.g., ship hull 

on shoals); in-water explosions may 

occur. Such explosions will result in the 

release of gaseous by-products and 

creation of oscillating bubbles. Should a 

high-explosive miss the target and 

explode in-water, a small water plume 

may erupt. However, these impacts will 

be temporary and not expected to last 

more than a few seconds. Any direct hit 

on the targets are not expected to cause 

the aforementioned effects as the target 

would absorb the impact. 

Similarly, no long term impacts with 

regard to hazardous constituents are 

expected to occur. MCAS Cherry Point 

has an active Range Environmental 

Vulnerability Assessment (REVA) 

program in place to monitor impacts to 

habitat from its activities. One goal of 

REVA is to determine the horizontal and 

vertical concentration profiles of heavy 

metals, explosives constituents, 

perchlorate nutrients, and dissolved 

salts in the sediment and seawater 

surrounding BT–9 and BT–11. Results 

of recent sampling indicate that 

explosive constituents (e.g., 

trinitrotoluene (TNT), 

cyclotrimethylenetrinitramine (RDX), 

and hexahydro-trinitro-triazine (HMX) 

were not detected in any sediment or 

water sample surrounding the BTs. 

Metals were not present above toxicity 

screening values. Perchlorate was 

detected in a few sediment samples 

above the detection limit (0.21 ppm), 

but below the reporting limit (0.6 ppm). 

The ongoing REVA would continue to 

evaluate potential migration of 

munitions constituents from operational 

range areas to off-range areas and MCAS 

Cherry Point would continue to 

implement mitigation measures as 

necessary. 

In summary, in the absence of 

planned mitigation and monitoring 

measures, the potential exists for 

negative effects on marine mammal 

habitat. However, because dolphins are 

not expected to be in the immediate area 

during live firing, due to monitoring and 

mitigation measure implementation 

(discussed later in this document), they 

will not be subject to any short term 

habitat alterations caused by in-water 

and near-water explosions. REVA has 

found no significant impact on habitat 

from the USMC’s training activities and 

the ongoing REVA will continue to 

evaluate potential migration of 

munitions constituents from operational 

range areas to off-range areas and MCAS 

Cherry Point would continue to 

implement mitigation measures as 

necessary. Therefore, the impacts to 

marine mammal habitat will be 

minimal. 

Comments and Responses 

On June 8, 2010, NMFS published in 

the Federal Register a notice of a 

proposed IHA for the taking of marine 

mammals incidental to the USMC’s 

training exercises at MCAS Cherry Point 

and requested comments regarding this 

request (75 FR 32389). NMFS also sent 

the proposed IHA notice to the Marine 

Mammal Commission (Commission). 

The Federal Register notice also made 

the USMC’s Environmental Assessment 

‘‘MCAS Cherry Point Range Operations’’ 

available for public comment. During 

the 30-day public comment period, 

NMFS received comments from the 

Commission on the application and 

proposed IHA, and has evaluated and 

considered those comments in the 

course of making the necessary findings 

under the MMPA Section 101(a)(5)(D) as 

well as determining whether or not to 

issue a FONSI under NEPA. No 

additional public comment was 

received. 

Comment 1: The Commission 

recommends that, before issuing the 

IHA, NMFS require the USMC to (1) 

describe in detail the environmental 

parameters and methods used to 

estimate the number of exposures and 

determine the safety zones; (2) justify its 

use of the bottlenose dolphin density 

found in Read et al. (2007) or recalculate 

its estimated exposures based on Maher 

(2003); and (3) use either direct strike or 

dynamic Monte Carlo models to 

determine the probability of ordnance 

strike. 

Response: NMFS disagrees with the 

Commission’s statements that the 

methods used by the USMC to derive 

safety zones, take, and estimate strike 

probability were lacking or inadequate. 

The USMC’s application describes how 

safety zones were derived (based on 

NMFS explosive harassment criteria) 

and concluded that Level A harassment 

could occur at distances around 200 m 

(656 ft) from the target, based on a 

threshold of 13 psi-msec. However, the 

USMC will establish a ‘‘no fire’’ zone for 

a 1,000 m (3,281 ft) radius around BT– 

9, or anywhere within Raritan Bay at 

BT–11, providing a conservative 

approach to bottlenose dolphin safety. 

The Commission recommended 

‘‘direct strike or dynamic Monte Carlo 

methods’’ while admitting that the result 

of using a new risk probability model 

would likely provide negligible changes 

from the model described in the 

application. The Commission did not 

provide further guidance on how to 

calculate risk from a Monte Carlo 

method and, because any change would 

be negligible, NMFS does not agree that 

this alternative method of modeling is 


srobinson on DSKHWCL6B1PROD with NOTICES
72810 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 

necessary for purposes of issuing an 

MMPA incidental take authorization. 

With respect to the Commission’s 

comments on density estimates used in 

the application, as described in the 

proposed IHA Federal Register notice, 

various Pamlico Sound bottlenose 

dolphin density estimates are available 

based on survey season and year. To be 

conservative, the USMC used the 

highest, albeit slightly older, density 

estimate (0.183 dolphins/km2) available 

to calculate take estimates. This 

estimate does not differ greatly from 

other density estimates (approximately 

0.11 dolphin/km2) and the USMC’s 

conservative approach was considered 

acceptable by NMFS. 

Comment 2: The Commission also 

requested that detailed mitigation, 

monitoring, and reporting requirements 

be specified in the application and that 

NMFS should withhold the 

authorization until the USMC develops 

and is prepared to implement a plan to 

evaluate the effectiveness of monitoring 

and mitigation measures before 

beginning or, at the very least, in 

conjunction with, conducting exercises 

covered by the proposed IHA. 

Response: NMFS worked closely with 

the USMC during the application 

process to develop proper mitigation, 

monitoring, and reporting requirements 

designed to minimize and detect 

impacts from the specified activities. In 

order to ensure that NMFS can make the 

findings necessary for issuance of an 

IHA, NMFS worked with the USMC to 

develop more comprehensive and 

acceptable mitigation, monitoring, and 

reporting requirements. As a result, the 

USMC prepared a Marine Mammal and 

Protected Species Monitoring Plan 

(Plan) and additional monitoring and 

mitigation measures are contained 

within the IHA and this notice. NMFS 

has determined that the Plan and 

additional monitoring and mitigation 

measures are adequate to satisfy the 

requirements of the MMPA. 

Comment 3: The Commission 

recommended NMFS condition the 

authorization, if issued, to require the 

suspension of the exercises if a marine 

mammal is seriously injured or killed 

and if the injury or death is associated 

with the exercises. 

Response: NMFS’s issuance of an IHA 

allows the applicant to take marine 

mammals (specifically, bottlenose 

dolphins) incidental to specified 

activities. NMFS has the authority, 

under the MMPA, to modify, suspend, 

or revoke an authorization if, among 

other things, the methods of taking 

exceed those authorized. Specific to the 

USMC IHA, no take by Level A 

harassment, injury, or death is 

authorized in the IHA. Furthermore, the 

IHA is conditioned such that, if there is 

evidence that a marine mammal has 

been stranded, injured or killed as a 

direct result of target operations, the 

USMC would immediately suspend 

those activities within the specific target 

area and re-evaluate the presence of 

dolphins around the specific target. The 

incident would be immediately reported 

to the USMC’s Range Management 

Office and NMFS’ Stranding Network 

and Office of Protected Resources. 

Mitigation 

In order to issue an incidental take 

authorization (ITA) under Section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the ‘‘permissible methods of 

taking pursuant to such activity, and 

other means of effecting the least 

practicable adverse impact on such 

species or stock and its habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance.’’ The NDAA of 2004 

amended the MMPA as it relates to 

military-readiness activities and the ITA 

process such that ‘‘least practicable 

adverse impact’’ shall include 

consideration of personnel safety, 

practicality of implementation, and 

impact on the effectiveness of the 

military readiness activity. The training 

activities described in the USMC’s 

application are considered military 

readiness activities. 

NMFS has carefully evaluated the 

applicant’s proposed mitigation 

measures and considered a range of 

other measures in the context of 

ensuring that NMFS prescribes the 

means of effecting the least practicable 

adverse impact on the affected marine 

mammal species and stocks and their 

habitat. Our evaluation of potential 

measures included consideration of the 

following factors in relation to one 

another: (1) The manner in which, and 

the degree to which, the successful 

implementation of the measure is 

expected to minimize adverse impacts 

to marine mammals; (2) the proven or 

likely efficacy of the specific measure to 

minimize adverse impacts as planned; 

and (3) the practicability of the measure 

for applicant implementation, including 

consideration of personnel safety, 

practicality of implementation, and 

impact on the effectiveness of the 

military readiness activity. NMFS has 

determined that the mitigation measures 

described below provide the means of 

effecting the least practicable adverse 

impacts on marine mammal species or 

stocks and their habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance while also considering 

personnel safety, practicality of 

implementation, and impact on the 

effectiveness of the military readiness 

activity. 

The USMC, in collaboration with 

NMFS, has worked to identify potential 

practicable and effective mitigation 

measures, which include a careful 

balancing of the likely benefit of any 

particular measure to marine mammals 

with the likely effect of that measure on 

personnel safety, practicality of 

implementation, and impact on the 

‘‘military-readiness activity’’. These 

proposed mitigation measures are listed 

below. Mitigation monitoring is also 

described in the Marine Mammal and 

Protected Species Monitoring Plan, the 

specifications of which are included as 

conditions in the IHA. While the 

primary focus of monitoring for both 

mitigation and reporting shall be on 

bottlenose dolphins, personnel will also 

attempt to identify any other marine 

mammals that might be present within 

the exclusion zone. In the unlikely 

event that a marine mammal other than 

bottlenose dolphin is sighted within the 

exclusion zone or determined to have 

been stranded, injured or killed by 

target operations, then the same 

mitigation measure for delay of 

exercises (described later in this 

document) prescribed for bottlenose 

dolphins, or immediate suspension of 

activities, shall apply, and relevant 

information will be included in weekly 

reports and post-IHA monitoring 

reports. 

(1) Range Sweeps: The VMR–1 

squadron, stationed at MCAS Cherry 

Point, includes three specially equipped 

HH–46D helicopters. The primary 

mission of these aircraft, known by the 

military acronym PEDRO, is to provide 

search and rescue for downed 2d Marine 

Air Wing aircrews. On-board are a pilot, 

co-pilot, crew chief, search and rescue 

swimmer, and a medical corpsman. 

Each crew member has received 

extensive training in search and rescue 

techniques, and is therefore particularly 

capable at spotting objects in the water. 

PEDRO crew will conduct a range 

sweep the morning of each exercise day 

prior to the commencement of range 

operations. The primary goal of the preexercise sweep is to ensure that the 

target area is clear of fishermen, other 

personnel, and protected species. The 

sweep is flown at 100–300 m (328–984 

ft) above the water surface, at airspeeds 

between 60–100 knots. The path of the 

sweep runs down the western side of 

BT–11, circles around BT–9 and then 

continues down the eastern side of BT– 

9 before leaving. The sweep typically 

takes 20–30 minutes to complete. The 

Pedro crew is able to communicate 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 72811 

directly with range personnel and can 

provide immediate notification to range 

operators. The PEDRO aircraft will 

remain in the area of a sighting until 

clear if possible or as mission 

requirements dictate. 

If a marine mammal is sighted during 

a range sweep, sighting data will be 

collected and entered into the US 

Marine Corps sighting database, webinterface, or report generator and this 

information will be relayed to the 

training Commander. Sighting data 

includes the following (collected to the 

extent possible): (1) Species 

identification; (2) group size; (3) the 

behavior of marine mammals (e.g., 

milling, travel, social, foraging); (4) 

location and relative distance from the 

BT; (5) date, time and visual conditions 

(e.g., sea state (as indicated by Beaufort 

Wind Force Scale), weather) associated 

with each observation; (6) direction of 

travel relative to the BT; and (7) 

duration of the observation. 

(2) Cold Passes: All aircraft 

participating in an air-to-surface 

exercise will be required to perform a 

‘‘cold pass’’ immediately prior to 

ordnance delivery at the BTs both day 

and night. That is, prior to granting a 

‘‘First Pass Hot’’ (use of ordnance), pilots 

will be directed to perform a low, cold 

(no ordnance delivered) first pass which 

serves as a visual sweep of the targets 

prior to ordnance delivery to determine 

if unauthorized civilian vessels or 

personnel, or protected species, are 

present. The cold pass is conducted 

with the aircraft (helicopter or fixedwinged) flying straight and level at 

altitudes of 200–3,000 ft (61–914 m) 

over the target area. The viewing angle 

is approximately 15 degrees. A blind 

spot exists to the immediate rear of the 

aircraft. Based upon prevailing 

visibility, a pilot can see more than one 

mile forward upon approach. The 

aircrew and range personnel make every 

attempt to ensure clearance of the area 

via visual inspection and remotely 

operated camera operations (see 

Proposed Monitoring and Reporting 

section in this document). The Range 

Controller may deny or approve the 

First Pass Hot clearance as conditions 

warrant. 

(3) Delay of Exercises: An active range 

will be considered ‘‘fouled’’ and not 

available for use if a marine mammal is 

present within 1,000 yards (914 m) of 

the target area at BT–9 or anywhere 

within Rattan Bay (BT–11). Therefore, if 

a marine mammal is sighted within 

1,000 yards of the target at BT–9 or 

anywhere within Rattan Bay at BT–11 

during the initial range sweep, the preordnance delivery cold pass, or from 

range camera detection (see 4, later in 

this document), training will be delayed 

until the marine mammal moves beyond 

the 1,000 yard radius from the BT–9 

target, and is on a heading away from 

the safety zone, or out of Rattan Bay at 

BT–11. This mitigation applies to both 

air-to-surface and surface-to-surface 

exercises. 

(4) Range Camera Use: To increase 

the safety of persons, property, or 

protected resources near the targets, 

Range Operation and Control personnel 

monitor the target area through tower 

mounted safety and surveillance 

cameras. The remotely operated range 

cameras are high resolution and, 

according to range personnel, allow a 

clear visual of even small objects 

floating near the target. A new, 

enhanced camera system will be 

installed on BT–11 towers 3 and 7, and 

on both towers present at BT–9. The 

new camera system has night vision 

capabilities with resolution levels near 

those during daytime. Lenses on the 

camera system have focal lengths of 40 

mm to 2,200 mm (56x), with view 

angles of 18° 10′ and 13° 41′, 

respectively. The field of view when 

zoomed in on the Rattan Bay targets will 

be 23 ft (7 m) wide by 17 ft (5 m) high. 

When focused on the mouth of Rattan 

Bay, the field of view will be 87 × 66 

ft (27 × 20 m). 

Again, in the event that a marine 

mammal is sighted within 1,000 yards 

(914 m) of the BT–9 target, or anywhere 

within Rattan Bay, the target is declared 

fouled. Operations may commence in 

the fouled area after the animal(s) have 

moved 1,000 yards from the BT–9 target 

and/or out of Rattan Bay. 

(4) Vessel Operation: All vessels used 

during training operations will abide by 

the NMFS’ Southeast Regional Viewing 

Guidelines designed to prevent 

harassment to marine mammals (http:// 

www.nmfs.noaa.gov/pr/education/ 

southeast/). 

(5) Stranding Network Coordination: 

The USMC shall coordinate with the 

local NMFS Stranding Coordinator 

regarding any unusual marine mammal 

behavior and any stranding, beached 

live/dead, or floating marine mammals 

that may occur at any time during 

training activities or within 24 hours 

after completion of training. 

(6) Delay of Operations: If there is 

evidence that a marine mammal has 

been stranded, injured or killed as a 

direct result of target operations, the 

USMC would immediately suspend 

those activities within the specific target 

area and re-evaluate the presence of 

bottlenose dolphins, or other marine 

mammals if necessary, around the 

specific target. The incident will be 

reported immediately to the Range 

Management Office and NMFS’ 

Stranding Network and Office of 

Protected Resources. 

NMFS specifically investigated the 

efficacy of these mitigation measures 

during nighttime operations. The USMC 

identified that nighttime operations 

occur infrequently (less than 15 

percent). In 2007, 2008, and 2009, 

nighttime training involving high 

explosives occurred on 2, 10, and 0 

nights, respectively. For the same years, 

training using inert bombs occurred on 

20, 16, and 33 nights, respectively. 

These exercises last, on average, 2.5 

hours but may last as long as 6 hours. 

Post-exercise training monitoring has 

never revealed evidence of a dolphin 

injury or fatality. 

Regardless of the infrequency of night 

exercises or lack of recorded marine 

mammal injuries or fatalities, NMFS 

evaluated the efficacy of marine 

mammal detection during low-light and 

no-light conditions as training will 

occur during these conditions. As 

described above, the new camera 

systems installed at BT–9 and BT–11 

have night-vision capabilities with 

resolution levels near those during 

daytime. In addition, pilots are outfitted 

with night-vision goggles which are able 

to detect a marine mammal breaking the 

water’s surface. Pilots will observe the 

waters in line with the flight path upon 

approach to the target. In addition, the 

pre-training range sweeps and other 

methods designed to ensure vessels and 

the public are not around the BTs would 

be carried out and would contain a 

marine mammal detection component. 

Should a marine mammal be observed 

by the range camera operators, pilots or 

other USMC personnel within the 

designated ‘‘no fire’’ zones, the training 

would be delayed. 

Monitoring and Reporting 

In order to issue an IHA for an 

activity, Section 101(a)(5)(D) of the 

MMPA states that NMFS must set forth 

‘‘requirements pertaining to the 

monitoring and reporting of such 

taking’’. The MMPA implementing 

regulations at 50 CFR 216.104(a)(13) 

indicate that requests for incidental take 

authorizations must include the 

suggested means of accomplishing the 

necessary monitoring and reporting that 

will result in increased knowledge of 

the species and of the level of taking or 

impacts on populations of marine 

mammals that are expected to be 

present. 

Monitoring measures prescribed by 

NMFS should accomplish one or more 

of the following general goals: (a) An 

increase in our understanding of how 

many marine mammals are likely to be 


srobinson on DSKHWCL6B1PROD with NOTICES
72812 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 

exposed to munition noise and 

explosions that we associate with 

specific adverse effects, such as 

behavioral harassment, TTS, or PTS; (b) 

an increase in our understanding of how 

individual marine mammals respond 

(behaviorally or physiologically) to 

gunnery and bombing exercises (at 

specific received levels) expected to 

result in take; (c) an increase in our 

understanding of how anticipated takes 

of individuals (in different ways and to 

varying degrees) may impact the 

population, species, or stock 

(specifically through effects on annual 

rates of recruitment or survival); (d) an 

increased knowledge of the affected 

species; (e) an increase in our 

understanding of the effectiveness of 

certain mitigation and monitoring 

measures; (f) a better understanding and 

record of the manner in which the 

authorized entity complies with the 

incidental take authorization; and (g) an 

increase in the probability of detecting 

marine mammals, both within the safety 

zone (thus allowing for more effective 

implementation of the mitigation) and 

in general. 

The suggested means of 

accomplishing the necessary monitoring 

and reporting that will result in 

increased knowledge of the species and 

of the level of taking or impacts on 

populations of marine mammals 

expected to be present within the action 

area are as follows: 

(1) Protected Species Observer 

Training: Operators of small boats and 

other personnel monitoring for marine 

mammals from watercraft shall be 

required to take the Marine Species 

Awareness Training (Version 2), 

maintained and promoted by the 

Department of the Navy. Pilots 

conducting Range Sweeps shall be 

instructed on marine mammal 

observation techniques during routine 

Range Management Department 

briefings. This training will make 

personnel knowledgeable about marine 

mammals and other protected species, 

and visual cues related to the presence 

of marine mammals and protected 

species. 

(2) Weekly and Post-Exercise 

Monitoring: Post-exercise monitoring 

shall be conducted the morning 

following an exercise, unless an exercise 

occurs on a Friday, in which case the 

post-exercise sweep would take place 

the following Monday. Weekly 

monitoring events will include a 

maximum of five pre-exercise and four 

post-exercise sweeps. The maximum 

number of days that will elapse between 

pre- and post-exercise monitoring 

events will be approximately three days, 

which would occur only on weekends. 

If marine mammals are observed during 

this monitoring, sighting data identical 

to those collected by PEDRO crew will 

be recorded and logged. Monitoring is 

described in greater detail in the Marine 

Mammal and Protected Species 

Monitoring Plan. 

(3) Long-term Monitoring: The USMC 

has awarded the Duke University 

Marine Lab (DUML) duties to obtain 

abundance, group dynamics (e.g., group 

size, age census), behavior, habitat use, 

and acoustic data on the bottlenose 

dolphins that inhabit Pamlico Sound, 

specifically those around BT–9 and BT– 

11. DUML began conducting boat-based 

surveys and passive acoustic monitoring 

of bottlenose dolphins in Pamlico 

Sound in 2000 (Read et al., 2003) and 

specifically at BT–9 and BT–11 in 2003 

(Mayer, 2003). To date, boat-based 

surveys indicate that bottlenose 

dolphins may be resident to Pamlico 

Sound and use BT restricted areas on a 

frequent basis. Passive acoustic 

monitoring (PAM) is providing more 

detailed insight into how dolphins use 

the two ranges by monitoring for their 

vocalizations year-round, regardless of 

weather conditions or darkness. In 

addition to these surveys, DUML 

scientists are testing a real-time PAM 

system at BT–9 that will allow 

automated detection of bottlenose 

dolphin whistles, providing another 

method of detecting dolphins prior to 

training operations. Although it is 

unlikely this PAM system will be active 

for purposes of implementing mitigation 

measures before an exercise prior to 

expiration of the proposed IHA, it will 

be operational for future MMPA 

incidental take authorizations. 

(4) Reporting: The USMC will submit 

a report to NMFS within 90 days after 

expiration of the IHA or, if a subsequent 

incidental take authorization is 

requested, within 120 days prior to 

expiration of the IHA. The report will 

summarize the type and amount of 

training exercises conducted, all marine 

mammal observations made during 

monitoring, and if mitigation measures 

were implemented. The report will also 

address the effectiveness of the 

monitoring plan in detecting marine 

mammals. 

Estimated Take by Incidental 

Harassment 

The following provides the USMC’s 

model for take of dolphins from 

explosives (without consideration of 

mitigation and with the conservative 

assumption that all explosives will land 

in the water and not on the targets or 

land) and potential for direct hits and 

NMFS’ analysis of potential harassment 

from small vessel and aircraft 

operations. 

The method to estimate the number of 

marine mammals potentially taken by 

the specified activities is based on 

dolphin density, the amount and type of 

ordnance proposed, and distances to 

NMFS’ harassment threshold criteria. 

The acoustic criteria for underwater 

detonations are comprehensively 

explained in NMFS’ proposed IHA 

Federal Register notice for this action 

(75 FR 32398, June 8, 2010) and 

consider hearing and physiological 

damage and behavioral harassment for 

single and multiple explosions (Table 

1). 

TABLE 1—EFFECTS, CRITERIA, AND THRESHOLDS FOR IMPULSIVE SOUNDS

Effect Criteria Metric Threshold Effect 

Mortality ................... Onset of Extensive 

Lung Injury.

Goertner modified positive impulse ....... indexed to 30.5 psi-msec (assumes 100 

percent small animal at 26.9 lbs).

Mortality. 

Injurious Physiological.50 percent Tympanic Membrane 

Rupture.

Energy flux density ................................ 1.17 in-lb/in2 (about 205 dB re: 1 

microPa2 = sec).

Level A. 

Injurious Physiological.Onset Slight Lung 

Injury.

Goertner modified positive impulse ....... indexed to 13 psi-msec (assumes 100 

percent small animal at 26.9 lbs).

Level A. 

Non-injurious Physiological.TTS ........................ Greatest energy flux density level in any 

1/3-octave band (>100 Hz for toothed 

whales and >10 Hz for baleen 

whales)—for total energy over all exposures.

182 dB re 1 microPa2 = sec .................. Level B. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 72813 

TABLE 1—EFFECTS, CRITERIA, AND THRESHOLDS FOR IMPULSIVE SOUNDS—Continued 

Effect Criteria Metric Threshold Effect 

Non-injurious Physiological.TTS ........................ Peak pressure over all exposures ......... 23 psi ..................................................... Level B. 

Non-injurious Behavioral.Multiple Explosions 

Without TTS.

Greatest energy flux density level in any 

1/3-octave (>100 Hz for toothed 

whales and >10 Hz for baleen 

whales)—for total energy over all exposures (multiple explosions only).

177 dB re 1 microPa2 = sec .................. Level B. 

To calculate take, the distances to 

which animals may be harassed were 

considered along with dolphin density. 

The density estimate from Read et al. 

(2003) was used to calculate take from 

munitions firing (0.183/km2). Take 

calculations for munitions firing are 

based on 100 percent water detonation 

(though the goal of training is to hit the 

targets), and do not consider preexercise monitoring or mitigation. 

Therefore, take estimates can be 

considered conservative. 

Based on dolphin density and amount 

of munitions expended, there is very 

low potential for Level A harassment or 

mortality and monitoring and mitigation 

measures are anticipated to further 

negate this potential. Accordingly, 

NMFS is not authorizing these levels of 

take. In total, from firing of explosive 

ordnances, the USMC is requesting, and 

NMFS is proposing to issue, the 

incidental take of 25 bottlenose 

dolphins from Level B harassment 

(Table 2). This take estimation is 

described in greater detail in the 

Federal Register proposed IHA notice 

(75 FR 32389, June 8, 2010). 

TABLE 2—NUMBER OF DOLPHINS POTENTIALLY TAKEN FROM EXPOSURE TO EXPLOSIVES BASED ON THRESHOLD CRITERIA

Ordnance type 

Level B—Behavioral 

(177dB re 1microPa2

= s) 

Level B— 

TTS 

(23 psi) 

Level A—Injurious 

(205 dB re 1microPa2

= s or 13 psi) 

Mortality 

(30.5 psi) 

2.75′′ Rocket HE ........................................................................ N/A 4.97 0 .17 0.06 

5′′ Rocket HE ............................................................................. N/A 3.39 0 .09 0.03 

30mm HE ................................................................................... 2.55 N/A 0 .05 0.00 

40mm HE ................................................................................... 12.60 N/A 0 .16 0.01 

G911 Grenade ........................................................................... N/A 0.87 0 .03 0.01 

Total .................................................................................... 15.15 9.23 0 .5 0.11 

As described in the proposed IHA 

Federal Register notice for this action, 

the USMC and NMFS have determined 

that the chance of take from direct hit 

and vessel operation is discountable. 

The probability of hitting a bottlenose 

dolphin at the BTs can be derived as 

follows: Probability = dolphin’s dorsal 

surface area * density of dolphins. The 

estimated dorsal surface area of a 

bottlenose dolphin is 1.425 m2 (or the 

average length of 2.85 m times the 

average body width of 0.5 m). Thus, 

using Read et al. (2003)’s density 

estimate of 0.183 dolphins/km2, without 

consideration of mitigation and 

monitoring implementation, the 

probability of a dolphin being hit in the 

waters of BT–9 is 2.61 × 10¥7 and of 

BT–11 is 9.4 × ¥8. Using the proposed 

levels of ordnance expenditures at each 

in-water BT (Tables 4 and 5) and taking 

into account that only 36 percent of the 

ordnance deployed at BT–11 is over 

water, as described in the application, 

the estimated potential number of 

ordnance strikes on a marine mammal 

per year is 0.263 at BT–9 and 0.034 at 

BT–11. It will take approximately three 

years of ordnance deployment at the 

BTs before it will be likely or probable 

that one bottlenose dolphin will be 

struck by deployed inert ordnance. 

Again, these estimates are without 

consideration to proposed monitoring 

and mitigation measures. The USMC is 

proposing three methods of exercise 

monitoring (i.e., PEDRO, cold pass, and 

range cameras). When considering the 

implementation of the mitigation and 

monitoring measures described above, 

the chance of a marine mammal being 

taken by direct hit is discountable. 

Interactions with vessels are not a 

new experience for bottlenose dolphins 

in Pamlico Sound. Pamlico Sound is 

heavily used by recreational, 

commercial (e.g., fishing, daily ferry 

service, tugs), and military (including 

the Navy, Air Force, and Coast Guard) 

vessels year-round. The NMFS’ 

Southeast Regional Office has 

developed marine mammal viewing 

guidelines to educate the public on how 

to responsibly view marine mammals in 

the wild and avoid causing a take 

(http://www.nmfs.noaa.gov/pr/ 

education/southeast). The guidelines 

recommend that vessels should remain 

a minimum of 50 yards (46 m) from a 

dolphin, operate vessels in a predictable 

manner, avoid excessive speed or 

sudden changes in speed or direction in 

the vicinity of animals, and not to 

pursue, chase, or separate a group of 

animals. The USMC will abide by these 

guidelines to the fullest extent 

practicable. The USMC will not engage 

in high speed exercises should a marine 

mammal be detected within the 

immediate area prior to training 

commencement and will not chase or 

pursue dolphins. 

Based on the description of the action, 

the other activities regularly occurring 

in the area, the species that may be 

exposed to the activity and their 

observed behaviors in the presence of 

vessel traffic, and the implementation of 

measures to avoid vessel strikes, NMFS 

believes it is unlikely that the operation 

of vessels during surface-to-surface 

maneuvers will result in the take of any 

marine mammals, whether in the form 

of behavioral harassment, injury, serious 

injury, or mortality. 

Aircraft will move swiftly through the 

area and will typically fly 

approximately 914 m (2,999 ft) from the 

water’s surface before dropping 

unguided munitions and above 4,572 m 

(15,000 ft) for precision-guided 

munitions bombing. While the aircraft 


srobinson on DSKHWCL6B1PROD with NOTICES
72814 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 

may approach as low as 152 m (500 ft) 

to drop a bomb, this is not the norm and 

will not be done around marine 

mammals. Regional whale watching 

guidelines advise aircraft to maintain a 

minimum altitude of 300 m (1,000 ft) 

above all marine mammals, including 

small odontocetes, and to not circle or 

hover over the animals to avoid 

harassment. NMFS’ approach 

regulations limit aircraft from flying 

below 300 m (1,000 ft) over a humpback 

whale (Megaptera novaeangliae) in 

Hawaii, a known calving ground, and 

limit aircraft from flying over North 

Atlantic right whales (Eubalaena 

glacialis) closer than 460 m (1,509 ft). 

Given that USMC aircraft will not fly 

below 300 m on the approach, will not 

engage in hovering or circling the 

animals, and will not drop to the 

minimal altitude of 152 m if a marine 

mammal is in the area, NMFS believes 

it is unlikely that the operation of 

aircraft, as described above, will result 

in take of bottlenose dolphins in 

Pamlico Sound. 

Negligible Impact and Small Numbers 

Analysis and Determination 

Pursuant to NMFS’ regulations 

implementing the MMPA, an applicant 

is required to estimate the number of 

animals that will be ‘‘taken’’ by the 

specified activities (i.e., takes by 

harassment only, or takes by 

harassment, injury, serious injury, and/ 

or death). This estimate informs the 

analysis that NMFS must perform to 

determine whether the activity will 

have a ‘‘negligible impact’’ on the 

species or stock. 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.’’ 

A negligible impact finding is based on 

the lack of likely adverse effects on 

annual rates of recruitment or survival 

(i.e., population-level effects). An 

estimate of the number and manner of 

takes, alone, is not enough information 

on which to base a negligible impact 

determination. NMFS must also 

consider other factors, such as the likely 

nature of any responses (their intensity, 

duration, etc.), the context of any 

responses (critical reproductive time or 

location, migration, etc.), or any of the 

other variables mentioned in the first 

paragraph (if known), as well as the 

number and nature of estimated Level A 

takes, the number of estimated 

mortalities, and effects on habitat. 

The USMC has been conducting 

gunnery and bombing training exercises 

at BT–9 and BT–11 for years and, to 

date, no dolphin injury or mortality has 

been attributed to these military training 

exercises. The USMC has a history of 

notifying the NMFS stranding network 

when any injured or stranded animal 

comes ashore or is spotted by personnel 

on the water. Therefore, stranded 

animals have been examined by 

stranding responders, further 

confirming that it is unlikely training 

contributes to marine mammal injuries 

or deaths. Due to the implementation of 

the aforementioned mitigation 

measures, no take by Level A 

harassment or serious injury or 

mortality is anticipated nor is any 

authorized in the IHA. NMFS is 

authorizing 25 Level B harassment takes 

associated with training exercises. 

The USMC has proposed a 1,000 yard 

(914 m) safety zone around BT–9, a 

conservative measure considering that 

the distance to NMFS explosive Level B 

harassment threshold is 228 yards (209 

m). They also will consider an area 

fouled if any dolphins are spotted 

within 1,000 yards (914 m) of the target 

area at BT–9, or anywhere within 

Raritan Bay (where BT–11 is located). 

The Level B harassment takes allowed 

for in the IHA will likely result in 

dolphins being temporarily behaviorally 

affected by bombing or gunnery 

exercises. In addition, takes may be 

attributed to animals not using the area 

when exercises are occurring; however, 

this is difficult to calculate. Instead, 

NMFS looks at whether the specified 

activities occur during times or within 

habitat important to vital life functions 

to better inform its negligible impact 

determination. 

Read et al. (2003) concluded that 

dolphins rarely occur in open waters in 

the middle of North Carolina sounds 

and large estuaries, but instead are 

concentrated in shallow water habitats 

along shorelines. However, no specific 

areas have been identified as vital 

reproduction or foraging habitat. 

Scientific boat-based surveys conducted 

throughout Pamlico Sound conclude 

that dolphins use the areas around the 

BTs more frequently than other portions 

of Pamlico Sound (Maher, 2003) despite 

the USMC actively training in a manner 

identical to the specified activities 

described here for years. 

As described in the Affected Species 

section of this notice, bottlenose 

dolphin stock segregation is complex 

with stocks overlapping throughout the 

coastal and estuarine waters of North 

Carolina. It is not possible for the USMC 

to determine to which stock any 

individual dolphin taken during 

training activities belong as this can 

only be accomplished through genetic 

testing. However, it is likely that many 

of the dolphins encountered will belong 

to the NNCE or SNC stock. These stocks 

have population estimates of 919 and 

4,818, respectively. NMFS is proposing 

to authorize 25 takes of bottlenose 

dolphins in total; therefore, this number 

represents 2.72 and 0.005 percent, 

respectively, of those populations. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, 

NMFS finds that the specified MCAS 

Cherry Point BT–9 and BT–11 training 

activities will result in the incidental 

take of marine mammals, by Level B 

harassment only, and that the total 

taking will have a negligible impact on 

the affected species or stocks. Further, 

NMFS does not anticipate any impact 

on annual rates of recruitment or 

survival for any potentially affected 

stock. 

Subsistence Harvest of Marine 

Mammals 

Marine mammals are not taken for 

subsistence use within Pamlico Sound; 

therefore, issuance of an IHA to the 

USMC for MCAS Cherry Point training 

exercises will not have an unmitigable 

adverse impact on the availability of the 

affected species or stocks for subsistence 

use. 

Endangered Species Act (ESA) 

No ESA-listed marine mammals are 

known to occur within the action area; 

therefore, there is no requirement for 

NMFS to consult under Section 7 of the 

ESA on the issuance of an IHA under 

section 101(a)(5)(D) of the MMPA. 

National Environmental Policy Act 

(NEPA) 

In January, 2009, the USMC released 

an EA entitled ‘‘Marine Corps Air 

Station Cherry Point Range Operations 

Marine Corps Air Station Cherry Point, 

North Carolina.’’ The USMC’s EA 

contains a thorough analysis of the 

environmental consequences of their 

proposed action (with specific sections 

for explosive ordnance, underwater 

detonations, vessel and tactical vehicle 

movements, weapons firing, nonexplosive practice munitions use, and 

aircraft overflights on both land and 

water ranges) on the human 

environment, including a specific 

section on marine mammals. Based on 

the analysis in the EA, the USMC 

determined that their proposed action 

will not have a significant impact on the 

human environment. NMFS has 

reviewed the USMC’s EA and 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 72815 

determined that it is sufficient in 

addressing the scope of activities 

identified in the IHA application, 

marine mammals potentially impacted 

by those specified activities, and the 

range of those impacts. NMFS made the 

USMC’s EA available for public 

comment during the public comment 

period on the proposed IHA (75 FR 

32389). NMFS has adopted the EA for 

its purposes of issuing an incidental 

take authorization to the USMC and will 

not prepare a separate EA. Based on 

review of the EA and comments 

received during the public comment 

period, NMFS has prepared a FONSI 

which is available upon request (see 

ADDRESSES). Therefore, preparation of 

an Environmental Impact Statement is 

not necessary for this action. 

Dated: November 18, 2010. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–29808 Filed 11–24–10; 8:45 am] 

BILLING CODE 3510–22–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List Proposed Additions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Proposed additions to the 

Procurement List. 

SUMMARY: The Committee is proposing 

to add services to the Procurement List 

that will be provided by nonprofit 

agencies employing persons who are 

blind or have other severe disabilities. 

Comments Must be Received on or 

Before: 12/20/2010. 

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 or to Submit 

Comments Contact: Patricia Briscoe, 

Telephone: (703) 603–7740, Fax: (703) 

603–0655, or e-mail 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to 41 

U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its 

purpose is to provide interested persons 

an opportunity to submit comments on 

the proposed actions. 

Additions 

If the Committee approves the 

proposed additions, the entities of the 

Federal Government identified in this 

notice will be required to procure the 

services listed below from nonprofit 

agencies employing persons who are 

blind or have other severe disabilities. 

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. If approved, the action will not 

result in any additional reporting, 

recordkeeping or other compliance 

requirements for small entities other 

than the small organizations that will 

provide the services to the Government. 

2. If approved, the action will result 

in authorizing small entities to provide 

the 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 services proposed 

for addition to the Procurement List. 

Comments on this certification are 

invited. Commenters should identify the 

statement(s) underlying the certification 

on which they are providing additional 

information. 

End of Certification 

The following services are proposed 

for addition to Procurement List for 

production by the nonprofit agencies 

listed: 

Services 

Service Type/Location: Custodial Service, 

TSA, Central Illinois Regional Airport, 

Airport Business Center, 2901 E Empire 

Street, Bloomington, IL. 

NPA: United Cerebral Palsy of the Land of 

Lincoln, Springfield, IL. 

Contracting Activity: GSA, Public Buildings 

Service, Property Management Division, 

Springfield, IL. 

Service Type/Location: Mailroom Operation, 

IRS, 801 Tom Martin Drive, Birmingham, 

AL. 

NPAs: ServiceSource, Inc., Alexandria, VA 

(PRIME Contractor), Alabama Industries 

for the Blind, Talladega, AL 

(Subcontractor). 

Contracting Activity: Dept of Treasury, IRS/ 

Contracts & Acquisition Division, 

Washington, DC. 

Service Type/Location: Janitorial Service, 

Bureau of Reclamation—Ephrata Field 

Office, 32 C Street, NW., Ephrata, WA. 

NPA: Good Works, Inc., Spokane, WA. 

Contracting Activity: Dept of the Interior, 

Bureau of Land Management, ID–Boise 

District Office, Boise, ID. 

Service Type/Location: Military Environment 

Support, Program Executive Office for 

Simulation, Training and 

Instrumentation (PEO STRI), 12350 

Research Parkway, Orlando, FL. 

NPA: Able Forces, Inc., Front Royal, VA. 

Contracting Activity: Dept of the Army, XR 

W6EC PEO STRI Orlando, Orlando, FL. 

Patricia Briscoe, 

Deputy Director, Business Operations. 

[FR Doc. 2010–29753 Filed 11–24–10; 8:45 am] 

BILLING CODE 6353–01–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List Additions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Additions to the Procurement 

List. 

SUMMARY: This action adds services to 

the Procurement List that will be 

provided by nonprofit agencies 

employing persons who are blind or 

have other severe disabilities. 

DATES: Effective Date: 12/20/2010. 

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: 

Patricia Briscoe, Telephone: (703) 603– 

7740, Fax: (703) 603–0655, or e-mail 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Additions 

On 6/4/2010 (75 FR 31768–31769) 

and 10/1/2010 (75 FR 60739–60740), the 

Committee for Purchase From People 

Who Are Blind or Severely Disabled 

published notices of proposed additions 

to the Procurement List. 

After consideration of the material 

presented to it concerning capability of 

qualified nonprofit agencies to provide 

the services and impact of the additions 

on the current or most recent 

contractors, the Committee has 

determined that the 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 provide the 

services to the Government. 

2. The action will result in 

authorizing small entities to provide the 

services to the Government. 


srobinson on DSKHWCL6B1PROD with NOTICES