Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 10241 

Dated: March 6, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–5170 Filed 3–6–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XN74 

Incidental Take of Marine Mammals; 

Taking of Marine Mammals Incidental 

to Conducting Precision Strike 

Weapons Testing and Training by 

Eglin Air Force Base in the Gulf of 

Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of a letter of 

authorization. 

SUMMARY: In accordance with provisions 

of the Marine Mammal Protection Act 

(MMPA), as amended, notification is 

hereby given that a letter of 

authorization (LOA) to take four species 

of marine mammals, by harassment, 

incidental to testing and training during 

Precision Strike Weapons (PSW) tests in 

the Gulf of Mexico (GOM), a military 

readiness activity, has been issued to 

Eglin Air Force Base (AFB). 

DATES: This authorization is effective 

from March 19, 2009, through March 18, 

2010. 

ADDRESSES: The application and LOA 

are available for review in the Permits, 

Conservation, and Education Division, 

Office of Protected Resources, NMFS, 

1315 East-West Highway, Silver Spring, 

MD 20910 or by contacting the 

individual mentioned below. 

FOR FURTHER INFORMATION CONTACT: 

Candace Nachman, NMFS, (301) 713– 

2289. 

SUPPLEMENTARY INFORMATION: 

Background 

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

U.S.C. 1361 et seq.) directs NMFS 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) within a 

specified geographical region, if certain 

findings are made by NMFS 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. The National Defense 

Authorization Act of 2004 (Public Law 

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]. 

Authorization, in the form of annual 

LOAs, may be granted 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. 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 must include requirements 

pertaining to the monitoring and 

reporting of such taking. Regulations 

governing the taking of marine 

mammals incidental to PSW testing and 

training within the Eglin Gulf Test and 

Training Range (EGTTR) in the GOM, 

were published on November 24, 2006 

(71 FR 67810), and remain in effect from 

December 26, 2006, through December 

27, 2011. The species that Eglin AFB 

may take during PSW testing and 

training are Atlantic bottlenose 

(Tursiops truncatus) and Atlantic 

spotted dolphins (Stenella frontalis) and 

dwarf (Kogia simus) and pygmy sperm 

whales (Kogia breviceps). 

Issuance of the annual LOA to Eglin 

AFB is based on findings made in the 

preamble to the final rule that the total 

takings by this project would result in 

no more than a negligible impact on the 

affected marine mammal stocks or 

habitats and would not have an 

unmitigable adverse impact on 

subsistence uses of marine mammals. 

NMFS also finds that the applicant will 

meet the requirements contained in the 

implementing regulations and LOA, 

including monitoring and reporting 

requirements. Without any mitigation 

measures, a small possibility exists for 

one bottlenose dolphin and one spotted 

dolphin to be exposed to blast levels 

from the PSW testing sufficient to cause 

mortality. Additionally, less than two 

cetaceans might be exposed to noise 

levels sufficient to induce Level A 

harassment (injury) annually, and as 

few as 31 or as many as 52 cetaceans 

(depending on the season and water 

depth) could potentially be exposed 

(annually) to noise levels sufficient to 

induce Level B harassment in the form 

of temporary (auditory) threshold shift 

(TTS). 

While none of these impact estimates 

consider the proposed mitigation 

measures that will be employed by Eglin 

AFB to minimize potential impacts to 

protected species, NMFS has authorized 

Eglin AFB a total of one mortality, two 

takes by Level A harassment, and 53 

takes by Level B harassment (TTS) 

annually. However, the proposed 

mitigation measures described in the 

final rule (71 FR 67810, November 24, 

2006) and the LOA are anticipated to 

reduce potential impacts to marine 

mammals in both numbers and degree 

of severity. These measures include a 

conservative safety range for marine 

mammal exclusion; incorporation of 

aerial and shipboard survey monitoring 

efforts in the program both prior to and 

after detonation of explosives; and a 

prohibition on detonations whenever 

marine mammals are detected within 

the safety zone, may enter the safety 

zone at the time of detonation, or if 

weather and sea conditions preclude 

adequate aerial surveillance. This LOA 

may be renewed annually based on a 

review of the activity, completion of 

monitoring requirements, and receipt of 

reports required by the LOA. 

Summary of Request 

On December 12, 2008, NMFS 

received a request for an LOA renewal 

pursuant to the aforementioned 

regulations that would authorize, for a 

period not to exceed 1 year, take of 

marine mammals, by harassment, 

incidental to PSW testing and training 

in the GOM. 

Summary of Activity and Monitoring 

Conducted During 2008 

In 2008, two Joint Air-to-Surface 

Stand-Off Missile Jettison Test Vehicles 

(JTVs) were released into the GOM on 

April 3, 2008, and May 30, 2008. The 

JTVs were inert with no control surface 

deployment or engine start. Seek Eagle 

uses these items to test release 

aerodynamic performance of the 

weapon, launcher, and aircraft before 

permitting the release of the other two 

test vehicle configurations. The JTVs 

10242 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 

were released approximately 20 mi off 

the coast of Cape Sand Blas. No marine 

mammals were seen during the boat 

sweep or at release. No evidence of 

injury or death to marine mammals was 

noted. 

The Small Diameter Bomb (SDB) 

releases over the GOM for 2008 were as 

follows: two Guided Test Vehicle (GTV) 

releases on February 2, 2008, and March 

21, 2008 and three Separation Test 

Vehicle (STV) releases on November 20, 

2008, November 25, 2008, and 

December 8, 2008. The GTVs have an 

inert fuse. The warhead is filled with 

telemetry hardware and has no 

explosives. The STVs were also 

completely inert. For all SDB releases, 

no marine mammals were seen during 

the boat sweep or at release. No 

evidence of injury or death to marine 

mammals was noted. 

Authorization 

The U.S. Air Force complied with the 

requirements of the 2008 LOA, and 

NMFS has determined that there was no 

take of marine mammals by the U.S. Air 

Force in 2008. Accordingly, NMFS has 

issued an LOA to Eglin AFB authorizing 

the take by harassment of marine 

mammals incidental to PSW testing and 

training in the EGTTR in the GOM. 

Issuance of this LOA is based on 

findings described in the preamble to 

the final rule (71 FR 67810, November 

24, 2006) and supported by information 

contained in Eglin’s December, 2008 

request for a new LOA that the activities 

described under this LOA will not result 

in more than the incidental harassment 

of certain marine mammal species and 

will have a negligible impact on the 

affected species or stocks. The provision 

requiring that the activity not have an 

unmitigable adverse impact on the 

availability of the affected species or 

stock for subsistence uses does not 

apply for this action. 

Dated: March 4, 2009. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. E9–5079 Filed 3–9–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Submission for OMB Review; 

Comment Request 

The United States Patent and 

Trademark Office (USPTO) will submit 

to the Office of Management and Budget 

(OMB) for clearance the following 

proposal for collection of information 

under the provisions of the Paperwork 

Reduction Act (44 U.S.C. Chapter 35). 

Agency: United States Patent and 

Trademark Office (USPTO). 

Title: Public User ID Badging. 

Form Number(s): PTO–2030, PTO– 

2224. 

Agency Approval Number: 0651– 

0041. 

Type of Request: Revision of a 

currently approved collection. 

Burden: 1,045 hours annually. 

Number of Respondents: 10,500 

responses per year. 

Avg. Hours per Response: The USPTO 

estimates that it will take the public 

approximately five to ten minutes (0.08 

to 0.17 hours) to complete the 

information in this collection, including 

gathering the necessary information, 

preparing the appropriate form, and 

submitting the completed request. 

Needs and Uses: The USPTO is 

required by 35 U.S.C. 41(I)(1) to 

maintain a Public Search Facility to 

provide patent and trademark 

collections for searching and retrieval of 

information. In order to manage the 

patent and trademark collections that 

are available to the public, the USPTO 

issues online access cards to customers 

who wish to use the electronic search 

systems at the Public Search Facility. 

Under the authority provided in 41 CFR 

part 102–81, the USPTO also issues 

security identification badges to 

members of the public who wish to use 

the facilities at the USPTO. The public 

uses this information collection to 

request an online access card or a 

security identification badge and to 

register for user training classes. 

Affected Public: Individuals or 

households; businesses or other forprofits; and not-for-profit institutions. 

Frequency: On occasion with annual 

renewals for online access cards and 

security identification badges. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

OMB Desk Officer: Nicholas A. Fraser, 

e-mail: 

Nicholas_A._Fraser@omb.eop.gov. 

Once submitted, the request will be 

publicly available in electronic format 

through the Information Collection 

Review page at http://www.reginfo.gov. 

Paper copies can be obtained by: 

• E-mail: Susan.Fawcett@uspto.gov. 

Include ‘‘0651–0041 Public User ID 

Badging copy request’’ in the subject 

line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan K. Fawcett. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, Customer Information Services 

Group, Public Information Services 

Division, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

Written comments and 

recommendations for the proposed 

information collection should be sent on 

or before April 9, 2009 to Nicholas A. 

Fraser, OMB Desk Officer, via e-mail at 

Nicholas_A._Fraser@omb.eop.gov, or by 

fax to 202–395–5167, marked to the 

attention of Nicholas A. Fraser. 

Dated: March 3, 2009. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer, Customer Information 

Services Group, Public Information Services 

Division. 

[FR Doc. E9–5060 Filed 3–9–09; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Intent to Grant Exclusive 

Patent License; Camtek Construction 

Products Corporation 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: The Department of the Navy 

hereby gives notice of its intent to grant 

to Camtek Construction Products 

Corporation, a revocable, nonassignable, 

exclusive license to practice in the field 

of use of cleaning storm water for 

industrial markets in the United States 

and certain foreign countries, for the 

Government-owned invention described 

in U.S. Patent No. 7,160,465 and 

7,025,887 and any continuations, 

divisionals or re-issues thereof. 

DATES: Anyone wishing to object to the 

grant of this license must file written 

objections along with supporting 

evidence, if any, not later than March 

25, 2009. 

ADDRESSES: Written objections are to be 

filed with the NAVFACESC, EV423, 

1100 23rd Avenue, Port Hueneme, CA 

93043–4370. 

FOR FURTHER INFORMATION CONTACT: Kurt 

Buehler, Head, Technology Transfer 

Office, NAVFACESC, EV423, 1100 23rd 

Avenue, Port Hueneme, CA 93043– 

4370, telephone: 805–982–4897. Due to 

U.S. Postal delays, please fax: 805–982– 

4832, e-mail: kurt.buehler@navy.mil or 

use courier delivery to expedite 

response. 

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