43718 Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices 

The observer protocol will be to scan 

the area around vessels with binoculars 

of sufficient power. Range finding 

equipment will be supplied to observers 

in order to better estimate distances. 

Observers would collect data on the 

presence, distribution, and behavior of 

marine mammals relative to FEX 

activities as well as climatic conditions 

at the time of marine mammal sightings. 

Observations would be made on a 

nearly 24–hour basis. 

Reporting 

All monitoring data collected will be 

reported to NMFS on a weekly basis. 

FEX must provide a final report on 2006 

activities to NMFS within 90 days of the 

completion of the activity. This report 

will provide dates and locations of all 

barge movements and other operational 

activities, weather conditions, dates and 

locations of any activities related to 

monitoring the effects on marine 

mammals, and the methods, results, and 

interpretation of all monitoring 

activities, including numbers of each 

species observed, location (distance) of 

animals relative to the barges, direction 

of movement of all individuals, and 

description of any observed changes or 

modifications in behavior. 

ESA Consultation 

The effects of oil and gas exploration 

activities in the U.S. Beaufort Sea on 

listed species, which includes the 

proposed activity, were analyzed as part 

of a consultation on oil and gas leasing 

and exploration activities in the 

Beaufort Sea, Alaska, and authorization 

of incidental takes under the MMPA. A 

biological opinion on these activities 

was issued on May 25, 2001. The only 

species listed under the ESA that might 

be affected during these activities are 

bowhead whales. The effects of this IHA 

on bowhead whales has been compared 

with the analysis contained in the 2001 

biological opinion. NMFS has 

determined that the effects of the 

current activity are consistent with the 

findings of that biological opinion, and, 

accordingly, NMFS has issued an 

Incidental Take Statement under section 

7 of the ESA. 

National Environmental Policy Act 

(NEPA) 

On February 5, 1999 (64 FR 5789), the 

Environmental Protection Agency (EPA) 

noted the availability of a Final 

Environmental Impact Statement (Final 

EIS) prepared by the U.S. Army Corps 

of Engineers under NEPA on Beaufort 

Sea oil and gas development at 

Northstar. NMFS was a cooperating 

agency on the preparation of the Draft 

and Final EISs, and subsequently, on 

May 18, 2000, adopted the Corps’ Final 

EIS as its own document. That Final EIS 

described impacts to marine mammals 

from Northstar construction activities, 

which included vessel traffic similar to 

the currently proposed action by FEX. 

Because the barging activity discussed 

in the Final EIS is not substantially 

different from the proposed action by 

FEX, and because no significant new 

scientific information or analyses have 

been developed in the past several years 

significant enough to warrant new 

NEPA documentation, no additional 

NEPA analysis is required. 

Conclusions 

NMFS has determined that the impact 

of conducting a short-term barging 

operation between West Dock, Prudhoe 

Bay and Cape Simpson or Point Lonely, 

in the U.S. Beaufort and associated 

activities will result, at worst, in a 

temporary modification in behavior by 

certain species of whales and pinnipeds. 

While behavioral modifications may be 

made by these species to avoid the 

resultant noise or visual cues from the 

barging operation, this behavioral 

change is expected to have a negligible 

impact on the annual rate of survival 

and recruitment of marine mammal 

stocks. 

While the number of potential 

incidental harassment takes will depend 

on the year-to-year distribution and 

abundance of marine mammals in the 

area of operations, due to the 

distribution and abundance of marine 

mammals during the projected period of 

activity and the location of the proposed 

activity, the number of potential 

harassment takings is estimated to be 

small. In addition, no take by injury 

and/or death is anticipated, and there is 

no potential for temporary or permanent 

hearing impairment as a result of the 

activities. No rookeries, mating grounds, 

areas of concentrated feeding, or other 

areas of special significance for marine 

mammals occur within or near the 

relocation route. 

The principal measures undertaken to 

ensure that the barging operation will 

not have an unmitigable adverse impact 

on subsistence activities is a CAA 

between FEX, the AEWC and the 

Whaling Captains Association, a Plan of 

Cooperation, and an operation schedule 

that will not permit barging operations 

during the traditional bowhead whaling 

season. 

Determinations 

NMFS has issued an IHA for the 

harassment of marine mammals 

incidental to FEX conducting a barging 

operation from West Dock, Prudhoe Bay 

Alaska, through the U.S. Beaufort Sea to 

Cape Simpson or Point Lonely. This 

IHA is contingent upon incorporation of 

the previously mentioned mitigation, 

monitoring, and reporting requirements. 

NMFS has determined that this activity 

would result in the harassment of small 

numbers of bowhead whales, beluga 

whales, ringed seals, bearded seals and 

spotted seals; would have a negligible 

impact on these marine mammal stocks; 

and would not have an unmitigable 

adverse impact on the availability of 

marine mammal stocks for subsistence. 

Authorization 

NMFS has issued an IHA to FEX L.P. 

to take small numbers of marine 

mammals incidental to conducting a 

barging operation within the U.S. 

Beaufort Sea, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: July 28, 2006. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E6–12476 Filed 8–1–06; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF DEFENSE 

Department of the Army 

Availability of the Record of Decision 

for the Construction and the Operation 

of a Battle Area Complex and a 

Combined Arms Collective Training 

Facility Within U.S. Army Training 

Lands in Alaska 

AGENCY: Department of the Army, DoD. 

ACTION: Notice. 

SUMMARY: The Army announces the 

availability of its Record of Decision 

(ROD) for the construction and 

operation of a Battle Area Complex 

(BAX) and a Combined Arms Collective 

Training Facility (CACTF) within U.S. 

Army training lands in Alaska, and the 

execution of routine, joint military 

training at these locations. Or June 14, 

2006, the Army published a notice of 

availability of its Final Environmental 

Impact Statement (EIS) that considered 

the environmental consequences of the 

proposed action and alternatives. The 

ROD was signed in July 2006 and was 

prepared pursuant to the National 

Environmental Policy Act (NEPA). The 

ROD explains and finalizes the Army’s 

decision to proceed with construction 

and operation of the BAX and CACTF 

at Eddy Drop Zone. This decision was 

based on the analysis described in the 

Final EIS, supporting studies, and 

comments provided during formal 

comment and review periods. 


wwhite on PROD1PC61 with NOTICES
Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices 43719 

The decision also affirms the Army’s 

commitment to implementing a series of 

mitigation and monitoring measures to 

offset potential adverse environmental 

impacts associated with the selected 

action, as identified in the Final EIS. 

FOR FURTHER INFORMATION CONTACT: 

Major Kirk Gohlke, Public Affairs 

Officer, U.S. Army, Alaska, telephone: 

(907) 384–1542; facsimile: (907) 384–

2060; e-mail: 

kirk.gohle@richardson.army.mil. 

SUPPLEMENTARY INFORMATION: U.S. 

Army, Alaska (USARAK) will construct 

and operate two state-of-the-art, fully 

automated and instrumented combat 

training facilities. This involves the 

construction and operation of a BAX 

(rural environment) and CACTF (urban 

environment) at Eddy Drop Zone. The 

BAX will encompass approximately 

2,872 acres and the CACTF will 

encompass 1,184 acres of land suitable 

for the construction and operation of 

these ranges. In addition, surface danger 

zones are required for both the BAX and 

CACTF. 

The purpose of the action is to 

provide year-round, fully automated, 

comprehensive, and realistic training 

and range facilities, which, in 

combination, will support company 

(200 Soldiers) through battalion (800 

Soldiers) combat team training events. 

The construction and operation of a 

BAX and CACTF at Eddy Drop Zone 

will support required higher levels of 

realistic combat in both urban and rural 

environments. Automated facilities will 

be used to provide timely feedback that 

is critical to effective training. 

The BAX and CACTF will fully train 

Soldiers for war by maintaining unit 

readiness and availability in recognition 

of the threats facing our nation and the 

world today. The BAX will support 

company combat team live-fire 

operations on a fully automated rural 

maneuver range and will provide for 

joint combined arms team training with 

other Department of Defense 

organizations. The CACTF will support 

battalion combat team training and joint 

operations in an urban environment. 

The ROD includes a description of 

environmental and cultural resource 

management, monitoring and mitigation 

programs. 

The ROD and Final EIS are available 

at the following Web site: http:// 

www.usarak.army.mil/conservation, or 

may be requested by contacting Major 

Kirk Gohlke (listed above). 

John M. Brown III, 

Lieutenant General, USA, Commanding 

General, U.S. Army, Pacific. 

[FR Doc. 06–6639 Filed 8–1–06; 8:45 am] 

BILLING CODE 3710–08–M 

DEPARTMENT OF DEFENSE 

Department of the Army 

Intent To Grant an Exclusive License 

of a U.S. Government-Owned Patent 

AGENCY: Department of the Army, DoD 

ACTION: Notice. 

SUMMARY: In accordance with 35 U.S.C. 

209(e) and 37 CFR 404.7(a)(I)(i), 

announcement is made of the intent to 

grant an exclusive, royalty-bearing, 

revocable license to U.S. provisional 

patent number 60/723,442 filed October 

5, 2005 entitled ‘‘Small Molecule 

Inhibitors of Botulinum Neurotoxins,’’

to Microbiotix, Inc. with its principal 

place of business at 1 Innovation Drive, 

STE 15, Worcester, Massachusetts 

01605–4332. 

ADDRESSES: Commander, U.S. Army 

Medical Research and Materiel 

Command, ATTN: Command Judge 

Advocate, MCMR–JA, 504 Scott Street, 

Fort Detrick, Frederick, MD 21702–

5012. 

FOR FURTHER INFORMATION CONTACT: For 

patent issues, Ms. Elizabeth Arwine, 

Patent Attorney, (301) 619–7808. For 

licensing issues, Dr. Paul Mele, Office of 

Research & Technology Assessment, 

(301) 619–6664, both at telefax (301) 

619–5034. 

SUPPLEMENTARY INFORMATION: Anyone 

wishing to object to the grant of this 

license can file written objections along 

with supporting evidence, if any, 15 

days from the date of this publication. 

Written objections are to be filed with 

the Command Judge Advocate, U.S. 

Army Medical Research and Materiel 

Command, 504 Scott Street, Fort 

Detrick, Frederick, MD 21702–5012. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 06–6638 Filed 8–1–06; 8:45 am] 

BILLING CODE 3710–08–M 

DEPARTMENT OF DEFENSE 

Department of the Army 

Intent To Grant an Exclusive License 

for a U.S. Army Owned Invention to 

MadahCom, Inc. 

AGENCY: Department of the Army, DoD. 

ACTION: Notice 

SUMMARY: The Department of the Army 

announces that, unless there is an 

objection, after 15 days it will grant an 

exclusive license to MadahCom, Inc., a 

corporation having a place of business 

in Sarasota Florida, on ‘‘System And 

Method For Tactical Centralized Event 

Warning/Notification For Individual 

Entities’’, by Paul Manz of PM Battle 

Command, disclosure docket number—

CECOM 5531; ‘‘System And Method For 

Semi-Distributed Event Warning/ 

Notification For Individual Entities’’ by 

Paul Manz of PM Battle Command, 

disclosure docket number—CECOM 

5530; ‘‘System And Method For Tactical 

Distributed Event Warning/Notification 

For Individual Entities’’ by Paul Manz 

of PM Battle Command and Fernando 

Maymi of the U.S. Military Academy 

(USMA), disclosure docket number—

CECOM 5532; and ‘‘System For Event 

Warning/Notification And Reporting 

For Individual Entities’’ by Paul Manz 

of PM Battle Command and Fernando 

Maymi of USMA disclosure docket 

number—CECOM 5533. 

Any license granted shall comply 

with 35 U.S.C. 209 and 37 CFR Part 404. 

DATES: File written objections by August 

17, 2006. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Timothy S. Ryan, Technology Transfer 

Program Manager, AMSRD–AAR–EMB, 

U.S. Army ARDEC, Picatinny Arsenal, 

NJ 07806–5000, e-mail: tryan@pica. 

army.mil; (973) 724–7953. 

SUPPLEMENTARY INFORMATION: Written 

objections must be filed within 15 days 

from publication date of this notice in 

the Federal Register. Any license 

granted shall comply with 35 U.S.C. 209 

and 37 CFR Part 404. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 06–6646 Filed 8–1–06; 8:45am] 

BILLING CODE 3710–08–M 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The IC Clearance Official, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before 

September 1, 2006. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Rachel Potter, Desk Officer, 

Department of Education, Office of 

Management and Budget, 725 17th 

Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503 or faxed to (202) 395–6974. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 


wwhite on PROD1PC61 with NOTICES