Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Notices 19205 

NIST will accept the submission of 

proposals containing research activities 

involving human subjects. The human 

subjects research activities in a proposal 

will require approval by Institutional 

Review Boards (IRBs) possessing a 

current registration filed with DHHS 

and to be performed by institutions 

possessing a current, valid Federal-wide 

Assurance (FWA) from DHHS that is 

linked to the cognizant IRB. In addition, 

NIST as an institution requires that IRB 

approval documentation go through a 

NIST administrative review; therefore, 

research activities involving human 

subjects are not authorized to start 

within an award until approval for the 

activity is issued in writing from the 

NIST Grants Officer. NIST will not issue 

a single project assurance (SPA) for any 

IRB reviewing any human subjects 

protocol proposed to NIST. 

President Obama has issued Exec. 

Order No. 13,505, 74 FR 10667 (March 

9, 2009), revoking previous executive 

orders and Presidential statements 

regarding the use of human embryonic 

stem cells in research. NIST will follow 

any guidance issued by the National 

Institutes of Health (NIH) pursuant to 

the executive order and will develop its 

own procedures based on the NIH 

guidance before funding research using 

human embryonic stem cells. NIST will 

follow any additional polices or 

guidance issued by the current 

Administration on this topic. 

Research Projects Involving Vertebrate 

Animals: Any proposal that includes 

research involving vertebrate animals 

must be in compliance with the 

National Research Council’s ‘‘Guide for 

the Care and Use of Laboratory 

Animals’’ which can be obtained from 

National Academy Press, 2101 

Constitution Avenue, NW., Washington, 

DC 20055. In addition, such proposals 

must meet the requirements of the 

Animal Welfare Act (7 U.S.C. 2131 et 

seq.), 9 CFR parts 1, 2, and 3, and if 

appropriate, 21 CFR part 58. These 

regulations do not apply to proposed 

research using pre-existing images of 

animals or to research plans that do not 

include live animals that are being cared 

for, euthanized, or used by the project 

participants to accomplish research 

goals, teaching, or testing. These 

regulations also do not apply to 

obtaining animal materials from 

commercial processors of animal 

products or to animal cell lines or 

tissues from tissue banks. 

Reporting Requirements: Reporting 

requirements are described in the 

Department of Commerce Financial 

Assistance Standard Terms and 

Conditions dated March, 2008, found on 

the Internet at: http:// 

oamweb.osec.doc.gov/docs/GRANTS/ 

DOC%20STCsMAR08Rev.pdf. 

The references in Sections A.01 and 

B.01 of the Department of Commerce 

Financial Assistance Standard Terms 

and Conditions, dated March, 2008, to 

‘‘Federal Financial Report (SF–269)’’ 

and ‘‘SF–269’’ are hereby replaced with 

‘‘Federal Financial Report (SF–425)’’ 

and ‘‘SF–425,’’ respectively, as required 

by the Office of Management and 

Budget (OMB) (73 FR 61175, October 

15, 2008). As authorized under 15 CFR 

14.52 and 24.41, the OMB approved SF– 

425 shall be used in the place of the SF– 

269 and SF–272 under the uniform 

administrative requirements and 

elsewhere under awards in this program 

where such forms are referenced. 

Limitation of Liability: NIST 

anticipates making awards for the 

program listed in this notice. In no 

event will NIST or the Department of 

Commerce be responsible for proposal 

preparation cost if these programs(s) fail 

to receive funding or are cancelled 

because of other agency priorities. 

Publication of this announcement does 

not obligate NIST or the Department of 

Commerce to award any specific project 

or to obligate any available funds. 

Executive Order 12866: This funding 

notice was determined to be not 

significant for purposes of Executive 

Order 12866. 

Executive Order 13132 (Federalism): 

It has been determined that this notice 

does not contain policies with 

federalism implications as that term is 

defined in Executive Order 13132. 

Executive Order 12372: Applications 

under this program are not subject to 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs.’’ 

Paperwork Reduction Act: The 

standard forms in the application kit 

involve a collection of information 

subject to the Paperwork Reduction Act. 

The use of Standard Forms 424, 424A, 

424B, SF–LLL, and CD–346 has been 

approved by OMB under the respective 

Control Numbers 0348–0043, 0348– 

0044, 0348–0040, 0348–0046, and 0605– 

0001. 

Administrative Procedure Act/ 

Regulatory Flexibility Act: Notice and 

comment are not required under the 

Administrative Procedure Act (5 U.S.C. 

553) or any other law, for rules relating 

to public property, loans, grants, 

benefits or contracts (5 U.S.C. 553(a)). 

Because notice and comment are not 

required under 5 U.S.C. 553, or any 

other law, for rules relating to public 

property, loans, grants, benefits or 

contracts (5 U.S.C. 553(a)), a Regulatory 

Flexibility Analysis is not required and 

has not been prepared for this notice, 5 

U.S.C. 601 et seq. 

Dated: April 21, 2009. 

Patrick Gallagher, 

Deputy Director, NIST. 

[FR Doc. E9–9650 Filed 4–27–09; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO87 

Taking of Marine Mammals Incidental 

to Specified Activities; Taking Marine 

Mammals Incidental to Training 

Operations Conducted within the Gulf 

of Mexico Range Complex 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of an 

application for regulations and a letter 

of authorization; request for comments 

and information. 

SUMMARY: NMFS has received a request 

from the U.S. Navy (Navy) for 

authorizations for the take of marine 

mammals incidental to training and 

operational activities conducted by the 

Navy Atlantic Fleet within Gulf of 

Mexico (GOMEX) Range Complex for 

the period beginning December 3, 2009 

and ending December 2, 2014. Pursuant 

to the implementing regulations of the 

Marine Mammal Protection Act 

(MMPA), NMFS is announcing our 

receipt of the Navy request for the 

development and implementation of 

regulations governing the incidental 

taking of marine mammals and inviting 

information, suggestions, and comments 

on the Navy application and request. 

DATES: Comments and information must 

be received no later than May 28, 2009. 

ADDRESSES: Comments on the 

applications should be addressed to P. 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

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

20910–3225. The mailbox address for 

providing email comments is PR1.0648– 

XO87@noaa.gov. NMFS is not 

responsible for e-mail comments sent to 

addresses other than the one provided 

here. Comments sent via e-mail, 

including all attachments, must not 

exceed a 10–megabyte file size. Copies 

of the Navy application may be obtained 

by writing to the address specified 

above (See ADDRESSES), telephoning the 


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19206 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Notices 

contact listed below (see FOR FURTHER

INFORMATION CONTACT), or visiting the 

internet at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm. 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, (301) 713–2289, ext. 

137. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (Secretary) 

to allow, upon request, the incidental, 

but not intentional taking 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 or, 

if the taking is limited to harassment, 

notice of a proposed authorization is 

provided to the public for review. 

Authorization for incidental takings 

may be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) 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. 

With respect to military readiness 

activities, the MMPA defines arassment 

as: 

(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]. 

Summary of Request 

On October 2, 2008, NMFS received 

an application from the Navy requesting 

an authorization for the take of marine 

mammal species/stocks incidental to the 

proposed training operations within the 

GOMEX Range Complex over the course 

of 5 years. These training activities are 

classified as military readiness 

activities. The Navy states that these 

training activities may cause various 

impacts to marine mammal species in 

the proposed GOMEX Range Complex 

Study Area. The Navy requests an 

authorization to take 9 species of 

cetaceans annually by Level B 

harassment, and 1 individual each of 

pantropical spotted dolphin and spinner 

dolphin by Level A harassment (injury). 

Please refer to the take table on page 6– 

17 of the LOA application for detailed 

information of the potential exposures 

from explosive ordnance (per year) for 

marine mammals in the GOMEX Range 

Complex. 

Description of the Specified Activities 

The GOMEX Study Area encompasses 

areas at sea, undersea, and Special Use 

Airspace (SUA) in the northern Gulf of 

Mexico off the coast of the U.S. (Figures 

1 and 2 of the LOA application). The 

portions of the GOMEX Study Area to 

be considered for the proposed action 

consist of the BOMBEX Hotbox (surface 

and subsurface waters) located within 

the Pensacola Operation Area 

(OPAREA), SUA warning areas W– 

151A/B/C and W–155A/B (surface 

waters), and underwater detonation 

(UNDET) Area E3 (surface and 

subsurface waters), located within the 

territorial waters off Padre Island, Texas, 

near Corpus Christi NAS. The portions 

of the GOMEX Study Area addressed in 

the Navy LOA application encompass: 

• 1,496 nm2 (5,131 km2) of sea space 

(BOMBEX Hotbox, where high 

explosives occur, and UNDET Area E3 

where underwater detonations occur); 

and 

• 11,714 nm2 (40,178 km2) of SUA 

warning areas (vessel movements only) 

The BOMBEX Hotbox is an in-water 

operating and maneuvers area with 

defined air, ocean surface, and 

subsurface areas. The BOMBEX Hotbox 

is located in the offshore waters of the 

northeastern Gulf of Mexico (GOM) 

adjacent to Florida and Alabama. The 

northernmost boundary of the BOMBEX 

Hotbox is located 23 nm (42.6 km) from 

the coast of the Florida panhandle at 

latitude 30 N, the eastern boundary is 

approximately 200 nm (370.4 km) from 

the coast of the Florida peninsula at 

longitude 86° 8 W. 

The SUA warning areas, W–151A/B/ 

C and W–155A/B, are in-water operating 

and maneuver areas with defined air 

and ocean surface. W–151A/B/C and 

W–155A/B are located in and above the 

offshore waters of the northeastern GOM 

adjacent to Florida and Alabama. 

The UNDET Area E3 is a defined 

surface and subsurface area located in 

the waters south of Corpus Christi NAS 

and offshore of Padre Island, Texas. The 

westernmost boundary is located 7.5 nm 

(13.9 km) from the coast of Padre Island 

at 97° 9′33′′ W and 27° 24′26′′ N at the 

Western most corner. It lies entirely 

within the territorial waters (0 to 12 nm, 

or 0 to 22.2 km) of the U.S. and the 

majority of it lies within Texas state 

waters (0 to 9 nm, or 0 to 16.7 km). It 

is a very shallow water training area 

with depths ranging from 20 to 26 m. 

In the application submitted to 

NMFS, the Navy requests an 

authorization to take marine mammals 

incidental to conducting training 

operations within the GOMEX Range 

Complex. These training activities 

consist of surface warfare. Although 

vessel movement is also a component of 

the proposed GOMEX Range Complex 

training activities, the Navy concludes 

that it is unlikely marine mammals 

would be taken by vessel movement 

with the implementation of mitigation 

and monitoring measures described in 

the LOA application. 

Surface Warfare 

Surface Warfare (SUW) supports 

defense of a geographical area (e.g., a 

zone or barrier) in cooperation with 

surface, subsurface, and air forces. SUW 

operations detect, localize, and track 

surface targets, primarily ships. 

Detected ships are monitored visually 

and with radar. Operations include 

identifying surface contacts, engaging 

with weapons, disengaging, evasion, 

and avoiding attack, including 

implementation of radio silence and 

deceptive measures. For the proposed 

GOMEX Range Complex training 

operations, SUW events involving the 

use of explosive ordnance include airto-surface Bombing Exercises [BOMBEX 

(A–S)] and surface-to-surface Gunnery 

Exercises (GUNEX) that occur at sea. 

(A) Bombing Exercise (Air-to-Surface) 

[BOMBEX (A–S)] 

Strike fighter aircraft, such as F/A– 

18s, deliver explosive bombs against atsea surface targets with the goal of 

destroying the target. BOMBEX (A–S) 

training in the GOMEX Study Area 

occurs only during daylight hours in the 

BOMBEX Hotbox area. 

For the proposed BOMBEX (A–S), two 

aircraft will approach an at-sea target 

from an altitude of between 15,000 ft 

(4,572 m) to less than 3,000 ft (914.4 m) 

and release a high explosive (HE) 1,000- 

pound (lb) bomb on the target. MK–83 

bombs would be used. MK–83 bombs 

have a net explosive weight (NEW) of 

415.8 lbs. The typical bomb release 

altitude is below 3,000 ft (914.4 m) and 

the target is usually a flare. The time in 

between bomb drops is approximately 3 

minutes. 


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Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Notices 19207 

(B)Gunnery Exercise (Surface-toSurface) [GUNEX (S–S)] Boat 

Gunnery Exercise (S–S) is a part of 

quarterly reservist training and 

operational activities for the Mobile 

Expeditionary Security Group (MESG) 

that operates out of Corpus Christi 

Naval Air Station (NAS). The MESG 

trains with M3A2 (0.5-lb NEW) antiswimmer concussion grenades. The 

M3A2 grenades are small and contain 

high explosives in an inert metal or 

plastic shell. They detonate at about 3 

m (9.8 ft) under the water surface within 

4 to 5 seconds of being deployed. The 

detonation depth may be shallower 

depending upon the speed of the boat at 

the time the grenade is deployed. 

GUNNERY (S–S) training in the GOMEX 

Study Area may occur during day or 

evening hours in the UNDET Area E3. 

Table 1 below summarizes the level of 

Surface Warfare training activities 

planned in the GOMEX Range Complex 

for the proposed action. 

TABLE 1. LEVEL OF SURFACE WARFARE TRAINING ACTIVITIES PLANNED IN THE GOMEX RANGE COMPLEX PER YEAR

Operation Platform System/ Ordnance Number of 

Events 

Training 

Area 

Potential 

Time of Day 

Bombing Exercise 

(BOMBEX) 

(Air-to-Surface, 

At-Sea) F/A–18 MK–83 [1,000-lb High 

Explosive (HE) bomb] 415.8 

lbs NEW 

1 event (4 

bombs) 

BOMBEX 

Hotbox 

Daytime 

only 

Gunnery Exercise 

(GUNEX) (Surface-to-Surface) - Boat Vessels such as combat rubber raiding craft, 

rigid hull inflatable boats, and patrol craft 

M3A2 concussion grenades 

(8-oz HE grenade) 0.5 lbs 

NEW 

4 events (20 

grenades) 

UNDET 

Area E3 

Day or night 

Vessel Movement 

Vessel movements are associated with 

most training and operational activities 

in the GOMEX Study Area. Currently, 

the number of Navy vessels operating in 

the GOMEX Study Area varies based on 

training schedules and can range from 0 

to about 10 vessels at any given time. 

Vessel sizes range from small boats (<35 

ft, or 10.7 m) for a harbor security boat 

to 1,092 ft (332.8 m) for a CVN (carrier 

vessel nuclear) and speeds generally 

range from 10 to 14 knots, but may be 

considerably faster, for example an 

aircraft carrier aking wind while 

launching and recovering aircraft, and 

for small boat operations. Operations 

involving vessel movements occur 

intermittently and are variable in 

duration, ranging from a few hours up 

to 2 weeks. These operations are widely 

dispersed throughout the GOMEX Study 

Area, which is an area encompassing 

11,714 nm2 (40,178 km2). Most vessel 

movements occur in the offshore 

OPAREAs, but vessel movements 

associated with MESG training in the 

UNDET Area E3 and Commander Naval 

Installations Command (CNIC) harbor 

security group training in the Panama 

City OPAREA occur between shore and 

12 nm (22.2 km), including the 

nearshore zone (<3 nm, or 5.6 km). The 

Navy logs about 180 total vessel days 

within the GOMEX Study Area during 

a typical year. Consequently, the density 

of Navy vessels within the GOMEX 

Study Area at any given time is low (i.e., 

less than 0.0113 ships/nm2 (0.0386 

km2)). 

Proposed Monitoring and Mitigation 

Measures 

The Navy is developing an Integrated 

Comprehensive Monitoring Program 

(ICMP) for marine species to assess the 

effects of training activities on marine 

species and investigate population 

trends in marine species distribution 

and abundance in various range 

complexes and geographic locations 

where Navy training occurs. The 

primary tools available for monitoring 

include visual observations, acoustic 

monitoring, photo identification and 

tagging, and oceanographic and 

environmental data collection. 

A list of proposed mitigation 

measures and standard operating 

procedures is described in the 

application for the proposed training 

operations. These mitigation measures 

include personnel training for 

watchstanders and lookouts in marine 

mammal monitoring, operating 

procedures for collision avoidance and 

a series of measures for specific at-sea 

training events including surface-tosurface gunnery, etc. A detailed 

description of the monitoring and 

mitigation measures is provided in the 

application. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning the Navy request (see 

ADDRESSES). All information, 

suggestions, and comments related to 

the Navy GOMEX Range Complex 

request and NMFS potential 

development and implementation of 

regulations governing the incidental 

taking of marine mammals by the Navy 

training activities will be considered by 

NMFS in developing, if appropriate, the 

most effective regulations governing the 

issuance of letters of authorization. 

Dated: April 22, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–9647 Filed 4–27–09; 8:45 am] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11:00 a.m., Friday, May 

1, 2009. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. E9–9696 Filed 4–24–09; 11:15 am] 

BILLING CODE 6351–01–P 


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