Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 1205 

complex, and Suisun Marsh. The 

primary objectives to which ESA-listed 

salmonids and SDPS green sturgeon 

may be taken by Dr. Moyle are to 

determine the extent that native fishes 

use intertidal and subtidal shallow 

water and marsh (SWM) habitats in the 

northern arc of the SFE and to 

understand how fishes commonly 

inhabiting Suisun Marsh use the 

Sacramento River corridor to access 

SWM habitats that are not currently 

surveyed in Sherman Lake, Cache 

Slough and Lindsey Slough. Further, Dr. 

Moyle will model fish abundance and 

assembly using biophysical habitat data 

(including slough geomorphology, 

hydrology, and water quality) to guide 

restoration projects that will 

successfully support native fishes and 

discourage aliens. 

Permit 17077 authorizes non-lethal 

take and low levels (not to exceed 20 

percent, equivalent to one fish) of 

unintentional lethal take of adult and 

juvenile ESA-listed salmonids and both 

adult and juvenile SDPS green sturgeon. 

Permit 17077 does not authorize any 

intentional lethal take of ESA-listed 

salmonids or SDPS green sturgeon. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 2013–00139 Filed 1–7–13; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XC359 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Hydrographic Surveys 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

letter of authorization; request for 

comments and information. 

SUMMARY: NMFS’ Office of Protected 

Resources has received a request from 

the NOAA Office of Coast Survey (OCS) 

for authorization to take small numbers 

of marine mammals incidental to 

conducting hydrographic surveys, over 

the course of 5 years from the date of 

issuance. Pursuant to regulations 

implementing the Marine Mammal 

Protection Act (MMPA), NMFS is 

announcing receipt of OCS’s request 

under the MMPA for the development 

and implementation of regulations 

governing the incidental taking of 

marine mammals. We invite 

information, suggestions, and comments 

on OCS’s application and request. 

DATES: Comments and information must 

be received no later than February 7, 

2013. 

ADDRESSES: Comments on the 

application should be addressed to P. 

Michael Payne, Chief, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910– 

3225. The mailbox address for providing 

email comments is ITP.Laws@noaa.gov. 

We are not responsible for email 

comments sent to addresses other than 

the one provided here. Comments sent 

via email, including all attachments, 

must not exceed a 10-megabyte file size. 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Availability 

An electronic copy of OCS’s 

application may be obtained by visiting 

the Internet at: http:// 

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

incidental.htm#applications. 

The OCS released a draft 

Environmental Assessment, prepared 

pursuant to requirements of the 

National Environmental Policy Act, for 

the conduct of their hydrographic 

surveys on June 20, 2012. A copy of the 

draft EA which would also support our 

proposed rulemaking under the MMPA, 

is also available at http:// 

www.nauticalcharts.noaa.gov/Legal/. 

Background 

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

U.S.C. 1361 et seq.) directs the Secretary 

of Commerce (Secretary) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers 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. 

Incidental taking shall be allowed if 

NMFS finds that the taking will have a 

negligible impact on the species or 

stock(s) affected and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking 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.’’ Except with 

respect to certain activities not pertinent 

here, the MMPA defines ‘‘harassment’’ 

as: ‘‘any act of pursuit, torment, or 

annoyance which (i) has the potential to 

injure a marine mammal or marine 

mammal stock in the wild [Level A 

harassment]; or (ii) has the potential to 

disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, 

including, but not limited to, migration, 

breathing, nursing, breeding, feeding, or 

sheltering [Level B harassment].’’ 

Summary of Request 

On December 27, 2012, we received a 

complete and adequate application from 

OCS requesting authorization for take of 

marine mammals incidental to 

hydrographic surveys conducted by 

OCS. The requested governing 

regulations would be valid for 5 years 

from the date of issuance. OCS operates 

active acoustic devices that have the 

potential to disturb marine mammals, 

and operates throughout coastal waters 

of the U.S. Exclusive Economic Zone. 

During 2013–18, OCS plans to conduct 

surveys in all coastal waters of the U.S. 

except for those in the Caribbean and in 

Hawaii and other Pacific islands. 

Because the specified activities have the 

potential to take marine mammals 

present within the action areas, OCS 

requests authorization to take small 

numbers of multiple species or stocks of 

marine mammal. 

Specified Activities 

Hydrographic survey projects support 

OCS’s mandated mission to provide 

reliable nautical charts and other 

products necessary for safe navigation, 

economic security, and environmental 

sustainability in U.S. coastal waters. 

OCS surveys approximately 3,000 

square nautical miles of coastal waters 

each year, and proposes to continue the 

same level of activity. In order to 

conduct these surveys, OCS uses active 

acoustic devices, including some that 

may result in behavioral harassment of 

marine mammals. These include highfrequency single-beam and multibeam 

echosounders and side-scan sonars 

mounted on or towed behind vessels 

traveling at a slow speed. 

A more detailed description of the 

hydrographic surveys conducted by 

OCS may be found in their application, 

which is available at: http:// 

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

incidental.htm. 


srobinson on DSK4SPTVN1PROD with 
1206 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning OCS’s request (see 

ADDRESSES). We will consider all 

information, suggestions, and comments 

related to the request during the 

development of proposed regulations 

governing the incidental taking of 

marine mammals by OCS, if 

appropriate. 

Helen M. Golde, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2013–00135 Filed 1–7–13; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Availability of GovernmentOwned Inventions; Available for 

Licensing 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: The inventions listed below 

are assigned to the United States 

Government as represented by the 

Secretary of the Navy and are available 

for licensing by the Department of the 

Navy. 

The following patents are available for 

licensing: Patent application 12/ 

650,413: Finite State Machine 

Architecture for Software Development 

(a system for developing an application 

program having functionality that 

corresponds to a finite state machine 

model)//U.S. Patent No. 8,238,924: RealTime Optimization of Allocation of 

Resources//U.S. Patent No. 7,685,207: 

Adaptive Web-Based Asset Control 

System. 

ADDRESSES: Requests for copies of the 

patents cited should be directed to 

Office of Counsel, Naval Surface 

Warfare Center, Crane Div, Code OOL, 

Bldg 2, 300 Highway 361, Crane, IN 

47522–5001. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Christopher Monsey, Naval Surface 

Warfare Center, Crane Div, Code OOL, 

Bldg 2, 300 Highway 361, Crane, IN 

47522–5001, telephone (812) 854–4100. 

Authority: 35 U.S.C. 207, 37 CFR part 404. 

Dated: December 31, 2012. 

C. K. Chiappetta, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2013–00066 Filed 1–7–13; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Intent To Grant Exclusive 

Patent License; Allied 

Communications, LLC 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: The Department of the Navy 

hereby gives notice of its intent to grant 

to Allied Communications, LLC., a 

revocable, nonassignable, exclusive 

license to practice in the United States, 

the Government-owned inventions 

described in U.S. Patent No. 7,685,207: 

Adaptive Web-Based Asset Control 

System, Navy Case No. 83634, issued 

March 23, 2010.//U.S. Patent 

application No. 12/650,413: Finite State 

Machine Architecture For Software 

Development, Navy Case No. 99,766, 

filed December 30, 2009.//U.S. Patent 

No. 8,238,924: Real-Time Optimization 

of Allocation of Resources, Navy Case 

No. 99956, issued August 7, 2012. 

DATES: Anyone wishing to object to the 

grant of this license must file written 

objections along with supporting 

evidence, if any, not later than January 

23, 2013. 

ADDRESSES: Written objections are to be 

filed with Naval Surface Warfare Center, 

Crane Div, Code OOL, Bldg 2, 300 

Highway 361, Crane, IN 47522–5001. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Christopher Monsey, Naval Surface 

Warfare Center, Crane Div, Code OOL, 

Bldg 2, 300 Highway 361, Crane, IN 

47522–5001, telephone 812–854–4100. 

Authority: 35 U.S.C. 207, 37 CFR part 404. 

Dated: December 31, 2012. 

C. K. Chiappetta, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2013–00068 Filed 1–7–13; 8:45 am] 

BILLING CODE 3810–FF–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

Second Extension of Hearing Record 

Closure Date 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Second extension of hearing 

record closure date. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board (Board) 

published a document in the Federal 

Register on August 15, 2012, (77 FR 

48970), as amended, September 7, 2012, 

(77 FR 55196). The publication 

concerned notice of a hearing and 

meeting on October 2, 2012, regarding 

safety-related aspects of the design and 

factors that could affect the timely 

execution of the Uranium Processing 

Facility (UPF) project at the Y–12 

National Security Complex. The Board 

stated in the August 15, 2012, hearing 

notice that the hearing record would 

remain open until November 2, 2012, 

for the receipt of additional materials. 

The Board subsequently extended the 

hearing record closure date to January 2, 

2013 (77 FR 65871). 

Extension of Time: The Board now 

extends the period of time for which the 

hearing record will remain open to 

January 16, 2013, to further 

accommodate submission of answers to 

questions taken for the record during 

the course of the public hearing. 

Contact Person for Further 

Information: Debra H. Richardson, 

Deputy General Manager, Defense 

Nuclear Facilities Safety Board, 625 

Indiana Avenue NW., Suite 700, 

Washington, DC 20004–2901, (800) 788– 

4016. This is a toll-free number. 

Dated: January 2, 2013. 

Peter S. Winokur, 

Chairman. 

[FR Doc. 2013–00096 Filed 1–7–13; 8:45 am] 

BILLING CODE 3670–01–P 

DEPARTMENT OF EDUCATION 

Privacy Act of 1974; System of 

Records—Evaluation of the Pell Grant 

Experiments Under the Experimental 

Sites Initiative—2012 

AGENCY: Institute of Education Sciences, 

Department of Education. 

ACTION: Notice of a new system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended 

(Privacy Act), the Department of 

Education (Department) publishes this 

notice of a new system of records 

entitled ‘‘Evaluation of the Pell Grant 

Experiments Under the Experimental 

Sites Initiative—2012’’ (18–13–31). 

DATES: Submit your comments on this 

proposed new system of records on or 

before February 7, 2013. 

The Department filed a report 

describing the new system of records 

covered by this notice with the Chair of 

the Senate Committee on Homeland 

Security and Governmental Affairs, the 

Chair of the House Committee on 

Oversight and Government Reform, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 


srobinson on DSK4SPTVN1PROD with