Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41867 

Department will direct CBP to assess 

antidumping duties at the cash deposit 

rate in effect on the date of entry for 

entries of subject merchandise produced 

and/or exported by Saehan or Woongjin, 

during the period May 1, 2008, through 

April 30, 2009. 

This notice is published in 

accordance with section 777(i)(1) of the 

Tariff Act of 1930, as amended, and 19 

CFR 351.213(d)(4). 

Dated: August 13, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–19907 Filed 8–18–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ19 

Taking and Importing Marine 

Mammals: Taking Marine Mammals 

Incidental to Navy Operations of 

Surveillance Towed Array Sensor 

System Low Frequency Active Sonar 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of two Letters 

of Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, and 

implementing regulations, notification 

is hereby given that NMFS has issued 

two one-year Letters of Authorization 

(LOAs) to take marine mammals by 

harassment incidental to the U.S. Navy’s 

operation of Surveillance Towed Array 

Sensor System Low Frequency Active 

(SURTASS LFA) sonar operations to the 

Chief of Naval Operations, Department 

of the Navy, 2000 Navy Pentagon, 

Washington, DC 20350 and persons 

operating under his authority. 

DATES: Effective from August 16, 2009, 

through August 15, 2010. 

ADDRESSES: Copies of the Navy’s April 

1, 2009, LOA application letter, the 

LOAs, the Navy’s 2008 annual report 

and the Navy’s 2007 5–Year 

Comprehensive Report are available by 

writing to P. Michael Payne, Chief, 

Permits, Conservation, and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910–3225, by telephoning the contact 

listed here (see FOR FURTHER

INFORMATION CONTACT), or online at: 

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

incidental.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, Office of Protected 

Resources, NMFS (301) 713–2289. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(A) of the MMPA (16 

U.S.C. 1361 et seq.) directs 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 military readiness activity if 

certain findings are made and 

regulations are issued. 

Authorization may be granted for 

periods of 5 years or less if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), and 

will not have an unmitigable adverse 

impact on the availability of the species 

or stock(s) for certain subsistence uses. 

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, 

and on the availability of the species for 

subsistence uses, paying particular 

attention to rookeries, mating grounds, 

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 the U.S. 

Navy’s operation of SURTASS LFA 

sonar were published on August 21, 

2007 (72 FR 46846), and remain in effect 

through August 15, 2012. They are 

codified at 50 CFR part 216 subpart Q. 

These regulations include mitigation, 

monitoring, and reporting requirements 

for the incidental taking of marine 

mammals by the SURTASS LFA sonar 

system. For detailed information on this 

action, please refer to the August 21, 

2007 Federal Register Notice and 50 

CFR part 216 subpart Q. 

Summary of LOA Request 

NMFS received an application from 

the U.S. Navy for two LOAs, one 

covering the USNS ABLE (T-AGOS 20) 

and one covering the USNS 

IMPECCABLE (T-AGOS 23), under the 

regulations issued on August 21, 2007 

(72 FR 46846). (The R/V Cory Chouest 

has been retired and has been replaced 

by the USNS ABLE.) The Navy 

requested that these LOAs become 

effective on August 16, 2009. The 

application requested authorization, for 

a period not to exceed one year, to take, 

by harassment, marine mammals 

incidental to employment of the 

SURTASS LFA sonar system for 

training, testing and routine military 

operations on the aforementioned ships 

in areas of the North Pacific Ocean. 

Monitoring and Reporting 

In compliance with NMFS’ 2007 

SURTASS LFA sonar regulations, the 

Navy submitted an annual report for 

SURTASS LFA sonar operations during 

2007–2008. The Navy also submitted a 

comprehensive report on SURTASS 

LFA sonar operations and the mitigation 

and monitoring activities conducted 

under the LOAs issued under its 

previous rule for the 2002 through 2007 

period. A copy of these reports can be 

viewed and/or downloaded at: http:// 

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

incidental.htm#applications. 

In accordance with the current 

SURTASS LFA sonar regulations (50 

CFR 216.186), the Navy’s has submitted 

classified quarterly mission reports, and 

its annual report for the 2008–2009 LOA 

is due on September 30, 2009. Upon 

receipt, NMFS will post this annual 

report on the same Internet address. 

Authorization 

NMFS has issued two LOAs to the 

U.S. Navy, authorizing the incidental 

harassment of marine mammals 

incidental to operating the two 

SURTASS LFA sonar systems for 

training, testing and routine military 

operations. Issuance of these two LOAs 

is based on findings, described in the 

preamble to the final rule (August 21, 

2007, 72 FR 46846)) and supported by 

information contained in the Navy’s 

required reports on SURTASS LFA 

sonar, that the activities described 

under these two LOAs will have no 

more than a negligible impact on marine 

mammal stocks and will not have an 

unmitigable adverse impact on the 

availability of the affected marine 

mammal stocks for subsistence uses. 

These LOAs remain valid through 

August 15, 2010, provided the Navy 

remains in conformance with the 

conditions of the regulations and the 

LOAs, and the mitigation, monitoring, 

and reporting requirements described in 

50 CFR 216.184–216.186 (August 21, 

2007, 72 FR 46846) and in the LOAs are 

undertaken. 

Dated: August 13, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–19873 Filed 8–18–09; 8:45 am] 

BILLING CODE 3510–22–S 


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