79342 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices 

Council address: Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Richard Leard, Deputy Executive 

Director; telephone: (813) 348–1630. 

SUPPLEMENTARY INFORMATION: The 

Shrimp Advisory Panel will receive a 

presentation of the Biological Review of 

the 2010 Texas Closure and a change in 

yield report. The Shrimp Advisory 

Panel will then consider 

recommendations for a 2011 closure. 

The Shrimp Advisory Panel will also 

receive presentations of the Status and 

Health of Shrimp Stocks in 2009 and a 

Stock Assessment Report for 2009. 

Finally, the Shrimp Advisory Panel will 

review preliminary effort estimates for 

2010 and possibly make 

recommendations for the Council. 

Although other non-emergency issues 

not on the agenda may come before the 

Shrimp Advisory Panel for discussion, 

in accordance with the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), those issues may not be the subject 

of formal action during this meeting. 

Actions of the Shrimp Advisory Panel 

will be restricted to those issues 

specifically identified in the agenda and 

any issues arising after publication of 

this notice that require emergency 

action under Section 305(c) of the 

Magnuson-Stevens Act, provided the 

public has been notified of the Council’s 

intent to take action to address the 

emergency. 

Copies of the agenda can be obtained 

by calling (813) 348–1630. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Trish Kennedy at the Council (see 

ADDRESSES) at least 5 working days prior 

to the meeting. 

Dated: December 15, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–31869 Filed 12–17–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XN34 

Taking and Importing Marine 

Mammals; Navy Training Activities 

Conducted Within the Northwest 

Training Range Complex (NWTRC) and 

Military Training Activities and 

Research, Development, Testing and 

Evaluation Conducted Within the 

Mariana Islands Range Complex 

(MIRC) 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice; issuance of letters of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) and implementing regulations, 

notification is hereby given that two 1- 

year letters of authorization (LOA) have 

been issued to the U.S Navy (Navy) for 

the incidental take of marine mammals 

during: Navy activities within the 

NWTRC, off the coasts of Washington, 

Oregon, and northern California, for the 

period of October 2010 through October 

2011, and; Navy activities conducted in 

the Mariana Islands Range Complex 

(MIRC) study area for the period of July 

2010 through July 2011. These activities 

are considered military readiness 

activities pursuant to the Marine 

Mammal Protection Act (MMPA), as 

amended by the National Defense 

Authorization Act of 2004 (NDAA). 

DATES: The NWTRC LOA is effective 

November 12, 2010, through November 

11, 2011, and the MIRC LOA is effective 

August 12, 2010 through August 11, 

2011. 

ADDRESSES: The LOAs and supporting 

documentation 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, by telephoning one of the 

contacts listed here (FOR FURTHER

INFORMATION CONTACT), or online at: 

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

incidental.htm#applications. 

FOR FURTHER INFORMATION CONTACT: Jolie 

Harrison, Office of Protected Resources, 

NMFS, (301) 713–2289, ext. 166. 

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 (Secretary) 

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) during periods of 

not more than five consecutive years 

each if certain findings are made and 

regulations are issued or, if the taking is 

limited to harassment and of no more 

than one year, the Secretary shall issue 

a notice of proposed authorization for 

public review. 

Authorization shall 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 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. 

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 Requests 

NWTRC 

In September 2008, NMFS received an 

application from the Navy requesting 

authorization for the take of individuals 

of 26 species of marine mammals 

incidental to upcoming Navy training 

activities to be conducted within the 

NWTRC, which extends west to 250 

nautical miles (nm) (463 kilometers 

[km]) beyond the coast of Northern 

California, Oregon, and Washington and 

east to Idaho and encompasses 122,400 

nm2 (420,163 km2) of surface/subsurface 

ocean operating areas. These training 

activities are military readiness 

activities under the provisions of the 

NDAA. These activities are classified as 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices 79343 

military readiness activities. These 

activities may incidentally take marine 

mammals present within the NWTRC 

Study Area by exposing them to sound 

from mid-frequency or high frequency 

active sonar (MFAS/HFAS) or to 

underwater detonations at levels that 

NMFS associates with the take of 

marine mammals. The Navy’s model, 

which did not factor in any potential 

benefits of mitigation measures, 

predicted that 13 individual marine 

mammals would be exposed to levels of 

sound or pressure that would result in 

injury; thus, NMFS is authorizing the 

take of 13 individuals per year by Level 

A Harassment. However, NMFS and the 

Navy have determined that injury can 

most likely be avoided through the 

implementation of the required 

mitigation measures. No mortality of 

marine mammals is anticipated or 

authorized incidental to naval exercises 

in the NWTRC. 

MIRC 

In August 2008, NMFS received an 

application from the Navy requesting 

authorization for the take of individuals 

of 26 species of marine mammals 

incidental to upcoming Department of 

Defense (including Navy, USMC, and 

USAF) training and research, 

development, testing, and evaluation 

(RDT&E) activities to be conducted 

within the MIRC study area, which 

encompasses a 501,873-square-nautical 

mile (nm2) area around the islands, 

including Guam, Tinian, Saipan, Rota, 

Farallon de Medinilla, and also includes 

ocean areas in both the Pacific Ocean 

and the Philippine Sea. These training 

activities are military readiness 

activities under the provisions of the 

NDAA. These military activities may 

incidentally take marine mammals 

present within the MIRC study area by 

exposing them to sound from midfrequency or high frequency active 

sonar (MFAS/HFAS) or underwater 

detonations. After submitting 

supplemental applications, the Navy 

requested authorization to take 

individuals of 26 species of marine 

mammals by Level B Harassment, 2 

individuals of 2 species by Level A 

Harassment annually, and 10 individual 

beaked whales by mortality over the 

course of the 5-year regulations. The 

Navy’s model, which did not factor in 

any potential benefits of mitigation 

measures, predicted that 2 individual 

marine mammals would be exposed to 

levels of sound or pressure that would 

result in injury; thus, NMFS is 

authorizing the take, by Level A 

Harassment of 2 individuals per year. 

However, NMFS and the Navy have 

determined that injury can most likely 

be avoided through the implementation 

of the Navy’s proposed mitigation 

measures. Further, although it does not 

anticipate that it will occur, the Navy 

requested, and NMFS is authorizing the 

take, by injury or mortality, of up to 10 

beaked whales over the course of the 5- 

year regulations. 

Authorizations 

NWTRC 

On November 10, 2010, NMFS’ final 

rule governing the take of marine 

mammals incidental the Navy’s 

activities in the NWTRC became 

effective. In accordance with the final 

rule, NMFS issued an LOA to the Navy 

on November 12, 2010, authorizing 

harassment of individuals or 26 species 

of marine mammals incidental to U.S. 

Navy training activities in the NWTRC. 

Issuance of this LOA is based on 

findings, described in the preamble to 

the final rule (75 FR 69296, November 

10, 2010), that the taking resulting from 

the activities described in this LOA will 

have a negligible impact on marine 

mammal stocks and will not have an 

unmitigable adverse impact on the 

availability of the affected marine 

mammal stock for subsistence uses. The 

LOA describes the permissible methods 

of taking and includes requirements 

pertaining to the mitigation, monitoring 

and reporting of such taking. 

MIRC 

On August 3, 2010, NMFS’ final rule 

governing the take of marine mammals 

incidental the Navy’s activities in the 

MIRC became effective. In accordance 

with the final rule, NMFS issued an 

LOA to the Navy on August 12, 2010, 

authorizing harassment of individuals of 

26 species of marine mammals and 

mortality of 10 individual beaked 

whales incidental to U.S. military 

training and RDT&E activities in the 

MIRC Study Area (as noted above, 

mortality of beaked whales may not 

exceed 10 individuals in the five years 

covered by the regulations). Issuance of 

this LOA is based on findings, described 

in the preamble to the final rule (75 FR 

45527, August 3, 2010), that the taking 

resulting from the activities described in 

this LOA will have a negligible impact 

on marine mammal stocks and will not 

have an unmitigable adverse impact on 

the availability of the affected marine 

mammal stock for subsistence uses. The 

LOA describes the permissible methods 

of taking and includes requirements 

pertaining to the mitigation, monitoring 

and reporting of such taking. 

Dated: December 13, 2010. 

Jolie Harrison, 

Acting Chief, Permits, Conservation, and 

Recreation, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–31920 Filed 12–17–10; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities under OMB Review 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this notice announces that 

the Information Collection Request (ICR) 

abstracted below has been forwarded to 

the Office of Management and Budget 

(OMB) for review and comment. The 

ICR describes the nature of the 

information collection and its expected 

costs and burden; it includes the actual 

data collection instruments [if any]. 

DATES: Comments must be submitted on 

or before [30 days after publication]. 

FOR FURTHER INFORMATION OR A COPY

CONTACT: John P. Dolan at (202) 418– 

5220; FAX: (202) 418–5524; e-mail: 

mailto: jdolan@cftc.gov, 

lmauldin@cftc.gov and refer to OMB 

Control No. 3038–0025. 

SUPPLEMENTARY INFORMATION: 

Title: Practice by Former Members 

and Employees of the Commission 

(OMB Control No. 3038–0025). This is 

a request for extension of a currently 

approved information collection. 

Abstract: Commission Rule 140.735–6 

governs the practice before the 

Commission of former members and 

employees of the Commission and is 

intended to ensure that the Commission 

is aware of any existing conflict of 

interest. The rule generally requires 

former members and employees who are 

employed or retained to represent any 

person before the Commission within 

two years of the termination of their 

CFTC employment to file a brief written 

statement with the Commission’s Office 

of General Counsel. The proposed rule 

was promulgated pursuant to the 

Commission’s rulemaking authority 

contained in Section 8a(5) of the 

Commodity Exchange Act, 7 U.S.C. 

12a(5) (1994), as amended. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 


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