Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices 49443 

and distance from seismic vessel, and 

apparent reaction to the acoustic 

sources or vessel. 

(2) Time, location relative to the 

acoustic sources, heading, speed, 

activity of the vessel (including whether 

and the level at which acoustic sources 

are operating), sea state, visibility, and 

sun glare. 

The data listed under (2) would also 

be recorded at the start and end of each 

observation watch, and during a watch 

whenever there is a change in one or 

more of the variables. 

A final report will be submitted to 

NMFS within 90 days after the end of 

the shallow hazard and site clearance 

surveys. The report will describe the 

operations that were conducted and 

sightings of marine mammals near the 

operations. The report also will provide 

full documentation of methods, results, 

and interpretation pertaining to all 

monitoring. The report will summarize 

the dates and locations of seismic 

operations, and all marine mammal 

sightings (dates, times, locations, 

activities, associated seismic survey 

activities), and the amount and nature of 

potential take of marine mammals by 

harassment or in other ways. 

Endangered Species Act 

Under section 7 of the ESA, NMFS 

has completed consultation with the 

MMS on the issuance of seismic permits 

for offshore oil and gas activities in the 

Beaufort and Chukchi seas. In a 

Biological Opinion issued on July 17, 

2008, NMFS concluded that the 

issuance of seismic survey permits by 

MMS and the issuance of the associated 

IHAs for seismic surveys are not likely 

to jeopardize the continued existence of 

threatened or endangered species 

(specifically the bowhead, humpback, 

and fin whales) under the jurisdiction of 

NMFS or destroy or adversely modify 

any designated critical habitat. The 2008 

Biological Opinion takes into 

consideration all oil and gas related 

activities that are reasonably likely to 

occur, including exploratory (but not 

production) oil drilling activities. In 

addition, NMFS has issued an 

Incidental Take Statement under this 

Biological Opinion which contains 

reasonable and prudent measures with 

implementing terms and conditions to 

minimize the effects of take of bowhead 

whales. 

NEPA 

In 2006, the MMS prepared Draft and 

Final PEAs for seismic surveys in the 

Beaufort and Chukchi Seas. NMFS was 

a cooperating agency in the preparation 

of the MMS PEA. On November 17, 

2006 (71 FR 66912), NMFS and MMS 

announced that they were preparing a 

DPEIS in order to assess the impacts of 

MMS’ annual authorizations under the 

Outer Continental Shelf Lands Act to 

the U.S. oil and gas industry to conduct 

offshore geophysical seismic surveys in 

the Chukchi and Beaufort Seas off 

Alaska and NMFS’ authorizations under 

the MMPA to incidentally harass marine 

mammals while conducting those 

surveys. 

On March 30, 2007 (72 FR 15135), the 

Environmental Protection Agency (EPA) 

noted the availability for comment of 

the NMFS/MMS DPEIS. Based upon 

several verbal and written requests to 

NMFS for additional time to review the 

DPEIS, EPA has twice announced an 

extension of the comment period until 

July 30, 2007 (72 FR 28044, May 18, 

2007; 72 FR 38576, July 13, 2007). 

Because NMFS has been unable to 

complete the PEIS, it was determined 

that the 2006 PEA would need to be 

updated in order to meet NMFS’ NEPA 

requirement. This approach was 

warranted as it was reviewing five 

proposed Arctic seismic survey IHAs for 

2008, well within the scope of the PEA’s 

eight consecutive seismic surveys. To 

update the 2006 Final PEA, NMFS 

prepared a SEA which incorporates by 

reference the 2006 Final PEA and other 

related documents. 

Determination 

Based on the preceding information, 

and provided that the mitigation and 

monitoring are incorporated, NMFS has 

determined that the impact of 

conducting the shallow hazard and site 

clearance surveys in Chukchi Sea may 

result, at worst, in a temporary 

modification in behavior of small 

numbers of certain species of marine 

mammals. While behavioral and 

avoidance reactions may be made by 

these species in response to the 

resultant noise from the airguns, sidescan sonars, seismic profilers, and other 

acoustic equipment, these behavioral 

changes are expected to have a 

negligible impact on the affected species 

and stocks of marine mammals. In 

addition, NMFS has determined that the 

CPAI’s shallow hazard and site 

clearance survey would no have an 

unmitigable adverse impact on the 

availability of marine mammal species 

and/or stocks for taking for subsistence 

uses. 

While the number of potential 

incidental harassment takes will depend 

on the distribution and abundance of 

marine mammals in the area of site 

clearance operations, the number of 

potential harassment takings is 

estimated to be small relative to the 

species’ population or stock size. NMFS 

anticipates the actual take of individuals 

would be lower than the numbers 

presented in the analysis because those 

numbers do not reflect either the 

implementation of the mitigation 

measures or the fact that some animals 

will avoid the sound at levels lower 

than those expected to result in 

harassment. 

In addition, no take by death and/or 

injury is anticipated, and the potential 

for temporary or permanent hearing 

impairment will be avoided through the 

incorporation of the required mitigation 

measures described in this document. 

This determination is supported by (1) 

the likelihood that, given sufficient 

notice through slow ship speed and 

ramp-up of the acoustic equipment, 

marine mammals are expected to move 

away from a noise source that it is 

annoying prior to its becoming 

potentially injurious; (2) TTS is unlikely 

to occur, especially in odontocetes, until 

levels much above 180 dB re 1 microPa 

(rms) are reached; and (3) the fact that 

injurious levels of sound are only likely 

if an animal is very close to the vessel. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to CPAI for 

conducting a shallow hazard and site 

clearance survey in the Chukchi Sea in 

2008, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: August 15, 2008. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–19424 Filed 8–20–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XJ18 

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 

mstockstill on PROD1PC66 with NOTICES

49444 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Notices 

two 1–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, and persons operating 

under his authority. 

DATES: Effective from August 16, 2008, 

through August 15, 2009. 

ADDRESSES: Copies of the Navy’s April 

9, 2008, LOA application letter, the 

LOAs, the Navy’s 2007 annual report 

and the Navy’s 2007 5–Year 

Comprehensive Report are available by 

writing to 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: 

Kenneth Hollingshead, Office of 

Protected Resources, NMFS (301–713–

2289, ext 128). 

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, 2008. The 

application requested authorization, for 

a period not to exceed 1 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’ SURTASS 

LFA sonar regulations for the 2002–

2007 period, the Navy submitted an 

annual report for SURTASS LFA sonar 

operations during 2006–2007. 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. 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 2007–2008 LOA is due on 

September 30, 2008. 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, 2009, 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 15, 2008. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–19417 Filed 8–20–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Patent and Trademark Financial 

Transactions 

ACTION: Proposed collection; comment 

request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on the continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995, Public Law 104–

13 (44 U.S.C. 3506(c)(2)(A)). 

DATES: Written comments must be 

submitted on or before October 20, 

2008. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: Susan.Fawcett@uspto.gov. 

Include ‘‘0651–0043 comment’’ in the 

subject line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan 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. 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Tamara McClure, 

Office of Finance, United States Patent 

mstockstill on PROD1PC66 with NOTICES