Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices 8921 

examiner’s report, and finds that the 

requirements of the FTZ Act and 

Board’s regulations are satisfied, and 

that approval of the application is in the 

public interest; 

Now, therefore, the Board hereby 

grants to the Grantee the privilege of 

establishing a foreign-trade zone, 

designated on the records of the Board 

as Foreign-Trade Zone No. 276, at the 

sites described in the application, and 

subject to the FTZ Act and the Board’s 

regulations, including Section 400.28. 

Signed at Washington, DC, this January 19, 

2010. 

Foreign-Trade Zones Board. 

Gary Locke, 

Secretary of Commerce, Chairman and 

Executive Officer. 

ATTEST: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–4051 Filed 2–25–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1665] 

Grant of Authority for Subzone Status; 

Brightpoint North America L.P. (Cell 

Phone Kitting and Distribution) 

Indianapolis, IN 

Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as 

amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the 

following Order: 

Whereas, the Foreign-Trade Zones Act 

provides for ‘‘* * * the establishment 

* * * of foreign-trade zones in ports of 

entry of the United States, to expedite 

and encourage foreign commerce, and 

for other purposes,’’ and authorizes the 

Foreign-Trade Zones Board to grant to 

qualified corporations the privilege of 

establishing foreign-trade zones in or 

adjacent to U.S. Customs and Border 

Protection ports of entry; 

Whereas, the Board’s regulations (15 

CFR part 400) provide for the 

establishment of special-purpose 

subzones when existing zone facilities 

cannot serve the specific use involved, 

and when the activity results in a 

significant public benefit and is in the 

public interest; 

Whereas, the Indianapolis Airport 

Authority, grantee of Foreign-Trade 

Zone 72, has made application to the 

Board for authority to establish a 

special-purpose subzone at the cell 

phone kitting and distribution facilities 

of Brightpoint North America L.P., 

located in Plainfield, Indiana, (FTZ 

Docket 30–2009, filed July 21, 2009); 

Whereas, notice inviting public 

comment has been given in the Federal 

Register (74 FR 37689–37690, July 29, 

2009) and the application has been 

processed pursuant to the FTZ Act and 

the Board’s regulations; and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and 

Board’s regulations are satisfied, and 

that the proposal is in the public 

interest; 

Now, therefore, the Board hereby 

grants authority for subzone status for 

activity related to the kitting and 

distribution of cell phones at the 

facilities of Brightpoint North America 

L.P., located in Plainfield, Indiana 

(Subzone 72S), as described in the 

application and Federal Register notice, 

subject to the FTZ Act and the Board’s 

regulations, including Section 400.28. 

Signed at Washington, DC, February 5, 

2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, Alternate Chairman, ForeignTrade Zones Board. 

ATTEST: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–4047 Filed 2–25–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU55 

Incidental Taking of Marine Mammals; 

Taking of Marine Mammals Incidental 

to the Explosive Removal of Offshore 

Structures in the Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

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 NMFS 

has issued one-year Letters of 

Authorization (LOAs) to take marine 

mammals incidental to the explosive 

removal of offshore oil and gas 

structures (EROS) in the Gulf of Mexico. 

DATES: These authorizations are 

effective from February 27, 2010 

through February 26, 2011 and May 15, 

2010 through May 14, 2011. 

ADDRESSES: The application and LOAs 

are available for review by writing to P. 

Michael Payne, Chief, Permits, 

Conservation, and Education Division, 

Office of Protected Resources, National 

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

20910–3235 or by telephoning the 

contact listed here (see FOR FURTHER

INFORMATION CONTACT), or online at: 

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

incidental.htm. Documents cited in this 

notice may be viewed, by appointment, 

during regular business hours, at the 

aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein or Jolie Harrison, 

Office of Protected Resources, NMFS, 

301–713–2289. 

SUPPLEMENTARY INFORMATION: Section 

101(a)(5)(A) of the MMPA (16 U.S.C. 

1361 et seq.) directs The Secretary of 

Commerce (who has delegated the 

authority to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by United States 

citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region, 

if certain findings are made and 

regulations are issued. Under the 

MMPA, the term ‘‘taking’’ means to 

harass, hunt, capture, or kill or to 

attempt to harass, hunt capture, or kill 

marine mammals. 

Authorization for incidental taking, in 

the form of annual LOAs, may be 

granted by NMFS for periods up to five 

years if NMFS finds, after notification 

and opportunity for public comment, 

that the taking will have a negligible 

impact on the species or stock(s) of 

marine mammals, and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). In 

addition, NMFS must prescribe 

regulations that include permissible 

methods of taking and other means 

effecting the least practicable adverse 

impact on the species and its habitat 

(i.e., mitigation), and on the availability 

of the species for subsistence uses, 

paying particular attention to rookeries, 

mating rounds, and areas of similar 

significance. The regulations also must 

include requirements pertaining to the 

monitoring and reporting of such taking. 

Regulations governing the taking of 

marine mammals incidental to EROS 

were published on June 19, 2008 (73 FR 

34889), and remain in effect through 

July 19, 2013. For detailed information 

on this action, please refer to that 

Federal Register notice. The species 

that applicants may take in small 

numbers during EROS activities are 


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