Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices 56797 

1 If one of the above named companies does not 

qualify for a separate rate, all other exporters of 

frozen fish fillets from the Socialist Republic of 

Vietnam who have not qualified for a separate rate 

are deemed to be covered by this review as part of 

the single Vietnam entity of which the named 

exporters are a part. 

2 If one of the above named companies does not 

qualify for a separate rate, all other exporters of 

floor-standing metal-top ironing tables from the 

People’s Republic of China who have not qualified 

for a separate rate are deemed to be covered by this 

review as part of the single PRC entity of which the 

named exporters are a part. 

3 If one of the above named companies does not 

qualify for a separate rate, all other exporters of 

polyethylene retail carrier bags from the People’s 

Republic of China who have not qualified for a 

separate rate are deemed to be covered by this 

review as part of the single PRC entity of which the 

named exporters are a part. 

During any administrative review 

covering all or part of a period falling 

between the first and second or third 

and fourth anniversary of the 

publication of an antidumping duty 

order under section 351.211 or a 

determination under section 

351.218(f)(4) to continue an order or 

suspended investigation (after sunset 

review), the Secretary, if requested by a 

domestic interested party within 30 

days of the date of publication of the 

notice of initiation of the review, will 

determine, consistent with FAG Italia v. 

United States, 291 F.3d 806 (Fed Cir. 

2002), as appropriate, whether 

antidumping duties have been absorbed 

by an exporter or producer subject to the 

review if the subject merchandise is 

sold in the United States through an 

importer that is affiliated with such 

exporter or producer. The request must 

include the name(s) of the exporter or 

producer for which the inquiry is 

requested. 

Interested parties must submit 

applications for disclosure under 

administrative protective orders in 

accordance with 19 CFR 351.305. 

These initiations and this notice are 

in accordance with section 751(a) of the 

Tariff Act of 1930, as amended (19 

U.S.C. 1675(a)) and 19 CFR 

351.221(c)(1)(i). 

Dated: September 24, 2008. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E8–23088 Filed 9–29–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Visiting Committee on Advanced 

Technology 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act, 5 U.S.C. app. 

2, notice is hereby given that the 

Visiting Committee on Advanced 

Technology (VCAT), National Institute 

of Standards and Technology (NIST), 

will meet Tuesday, October 28, 2008, 

from 8 a.m. to 5 p.m. and Wednesday, 

October 29, 2008, from 8:30 a.m. to 

12:30 p.m. The Visiting Committee on 

Advanced Technology is composed of 

fifteen members appointed by the 

Director of NIST who are eminent in 

such fields as business, research, new 

product development, engineering, 

labor, education, management 

consulting, environment, and 

international relations. 

The purpose of this meeting is to 

review and make recommendations 

regarding general policy for the 

Institute, its organization, its budget, 

and its programs within the framework 

of applicable national policies as set 

forth by the President and the Congress. 

The theme for the meeting is ‘‘NIST’s 

Roles in Innovation and NIST’s Strategic 

Plan.’’ The agenda will include an 

update on NIST, presentations on Safety 

at NIST, a review of NIST’s roles in 

innovation, a review of NIST’s external 

relationships, and an overview of 

NIST’s Strategic Plan, followed by an 

update on the Biosciences Strategic 

Plan, the status of the Nanotechnology 

Strategic Plan, and a presentation on the 

NIST Facilities Strategic Plan. Guest 

speakers have been invited to address 

the benefits and potential benefits of 

selected NIST partnerships. Other 

agenda items include laboratory tours 

and a VCAT feedback session on draft 

recommendations for the 2008 Annual 

Report. The agenda may change to 

accommodate Committee business. The 

final agenda will be posted on the NIST 

Web site at http://www.nist.gov/ 

director/vcat/agenda.htm. 

DATES: The meeting will convene on 

October 28, 2008, at 8 a.m. and will 

adjourn on October 29, 2008, at 12:30 

p.m. 

ADDRESSES: The meeting will be held in 

Building 1, Room 1107, at the National 

Institute of Standards and Technology, 

Boulder, Colorado 80305. 

Anyone wishing to attend this 

meeting should submit name, e-mail 

address and phone number to Denise 

Herbert (denise.herbert@nist.gov or 301– 

975–5607) no later than October 10, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Denise Herbert, Visiting Committee on 

Advanced Technology, National 

Institute of Standards and Technology, 

Gaithersburg, Maryland 20899–1000, 

telephone number (301) 975–2300. 

Dated: September 23, 2008. 

Patrick Gallagher, 

Deputy Director. 

[FR Doc. E8–22987 Filed 9–29–08; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 080626787–81233–04] 

RIN 0648–ZB96 

Availability of Grant Funds for Fiscal 

Year 2009 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

publishes this notice to add proposal 

format requirements, place a limit on 

proposed indirect costs, further clarify 

cost sharing requirements and change 

the full proposal submission deadline to 

November 3, 2008 for the solicitation 

‘‘Saltonstall-Kennedy Grant Program,’’ 

in order to give the public more time to 

respond to these new requirements. The 

initial solicitation, which was originally 

announced in the Federal Register on 

July 11, 2008, gave a proposal due date 

of October 1, 2008. 

DATES: Applications must be received 

by 5 p.m. Eastern Time on November 3, 

2008. Applications received after the 

deadline will be rejected/returned to the 

sender without further consideration. 

No facsimile or electronic mail 

applications will be accepted. 

ADDRESSES FOR SUBMITTING PROPOSALS: 

Applications must be submitted through 

www.grants.gov, unless an applicant 

does not have Internet access. In that 

case, hard copies with original 

signatures may be sent to: Mr. Steve 

Aguzin, S-K Program Manager, NOAA/ 

NMFS (F/MB5), 1315 East-West 

Highway, Room 13134, Silver Spring, 

MD 20910–3282. 


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56798 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices 

FOR FURTHER INFORMATION CONTACT: The 

point of contact is: Steve Aguzin, S-K 

Program Manager, NOAA/NMFS (F/ 

MB5), 1315 East-West Highway, Room 

13134, Silver Spring, MD 20910–3282; 

or by Phone at (301) 713–2358 ext. 215, 

or fax at (301) 713–1306, or via E-mail 

at Stephen.Aguzin@noaa.gov. 

SUPPLEMENTARY INFORMATION: NOAA 

publishes this notice to add proposal 

format requirements, place a limit on 

proposed indirect costs, further clarify 

cost sharing requirements and change 

the full proposal submission deadline to 

November 3, 2008 for the solicitation 

‘‘Saltonstall-Kennedy Grant Program,’’ 

announced in the Federal Register on 

July 11, 2008 (73 FR 40052). The 

deadline for full submissions is changed 

from October 1, 2008 to November 3, 

2008 in order to give the public more 

time to respond to these new 

requirements. All other requirements for 

this solicitation remain the same. 

Application And Submission 

Information 

You must follow the instructions in 

this document in order to apply for a 

grant or cooperative agreement under 

the Saltonstall-Kennedy Grant Program. 

Your application must be complete and 

must follow the format described here. 

A. Cover Sheet 

You must use Office of Management 

and Budget (OMB) Standard Form 424 

and 424B as the cover sheet for each 

project. 

B. Project Summary 

You must complete a Project 

Summary for each project. You must list 

the specific priority to which the 

application responds. 

C. Project Budget 

You must submit a budget for each 

project and provide detailed cost 

estimates showing total project costs. 

Indicate the breakdown of costs between 

Federal and non-Federal shares, divided 

into cash and in-kind contributions. To 

support the budget, describe briefly the 

basis for estimating the value of the cost 

sharing derived from in-kind 

contributions. Specify estimates of the 

direct costs in the categories listed on 

the Project Budget form. 

You may also include in the budget 

an amount for indirect costs if you have 

an established indirect cost rate with the 

Federal government. For this 

solicitation, the total dollar amount of 

the indirect costs you propose in your 

application must not exceed the indirect 

cost rate negotiated and approved by a 

cognizant Federal agency prior to the 

proposed effective date of the award, or 

100 percent of the total proposed direct 

costs dollar amount in the application, 

whichever is less. 

Furthermore, the Federal share of the 

indirect costs you propose may not 

exceed 25 percent of the total proposed 

direct costs. If your application requests 

more than 25 percent of the total costs 

as Federal funds to cover indirect costs, 

the application will be returned to you 

and will not be considered for funding. 

If you have an approved indirect cost 

rate above 25 percent of the total 

proposed direct cost, you may use the 

amount above the 25–percent level up 

to the 100–percent level as part of the 

non-Federal share. You must include a 

copy of the current, approved, 

negotiated indirect cost agreement with 

the Federal government with your 

application. 

We will not consider fees or profits as 

allowable costs in your application. 

The total costs of a project consist of 

all allowable costs you incur, including 

the value of in-kind contributions, in 

accomplishing project objectives during 

the life of the project. A project begins 

on the effective date of an award 

agreement between you and an 

authorized representative of the U.S. 

Government and ends on the date 

specified in the award. Accordingly, we 

cannot reimburse you for time that you 

expend or costs that you incur in 

developing a project or preparing the 

application, or in any discussions or 

negotiations you may have with us prior 

to the award. We will not accept such 

expenditures as part of your cost share. 

D. Narrative Project Description 

You must provide a narrative 

description of your project that may be 

up to 25 pages long. All pages must be 

single-spaced and should be composed 

in at least a 12–point font with one-inch 

margins on 8 1/2 x 11 paper. The project 

description may not exceed 25 pages, 

exclusive of the title page, project 

synopsis, literature cited, budget 

information, and resumes of 

investigator. Any PDF or other 

attachments that are included in an 

electronic application must meet the 

above format requirement when printed 

out. Failure to follow the requirements 

will result in the rejection of the 

application and subsequent return. 

The narrative should demonstrate 

your knowledge of the need for the 

project, and show how your proposal 

builds upon any past and current work 

in the subject area, as well as relevant 

work in related fields. You should not 

assume that we already know the 

relative merits of the project you 

describe. You must describe your 

project as follows: 

1. Project goals and objectives. 

Identify the specific priority listed 

earlier in the solicitation to which the 

proposed project responds. Identify the 

problem/opportunity you intend to 

address and describe its significance to 

the fishing community. State what you 

expect the project to accomplish. 

If you are applying to continue a 

project we previously funded under the 

S-K Program, describe in detail your 

progress to date and explain why you 

need additional funding. We will 

consider this information in evaluating 

your current application. 

2. Project impacts. Describe the 

anticipated impacts of the project on the 

fishing community in terms of reduced 

bycatch, increased product yield, or 

other measurable benefits. Describe how 

you will make the results of the project 

available to the public. 

3. Evaluation of project. Specify the 

criteria and procedures that you will use 

to evaluate the relative success or failure 

of a project in achieving its objectives. 

4. Need for government financial 

assistance. Explain why you need 

government financial assistance for the 

proposed work. List all other sources of 

funding you have or are seeking for the 

project. 

5. Federal, state, and local 

government activities and permits. List 

any existing Federal, state, or local 

government programs or activities that 

this project would affect, including 

activities requiring: certification under 

state Coastal Zone Management Plans; 

section 404 or section 10 permits issued 

by the Corps of Engineers; experimental 

fishing or other permits under FMPs; 

environmental impact statements to 

meet the requirements of the National 

Environmental Policy Act; scientific 

permits under the ESA and/or the 

Marine Mammal Protection Act; or 

Magnuson-Stevens Act EFH 

consultation if the project may 

adversely affect areas identified as EFH. 

Describe the relationship between the 

project and these FMPs or activities, and 

list names and addresses of persons 

providing this information. You can get 

information on these activities from the 

NMFS Regions (see Section I.F., 

Application ADDRESSES). If we select 

your project for funding, you are 

responsible for complying with all 

applicable requirements. 

6. Project statement of work. The 

statement of work is an action plan of 

activities you will conduct during the 

period of the project. You must prepare 

a detailed narrative, fully describing the 

work you will perform to achieve the 

project goals and objectives. The 

narrative should respond to the 

following questions: 


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Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices 56799 

(a) What is the project design? What 

specific work, activities, procedures, 

statistical design, or analytical methods 

will you undertake? 

(b) Who will be responsible for 

carrying out the various activities? 

(Highlight work that will be 

subcontracted and provisions for 

competitive subcontracting.) 

(c) What are the major products and 

how will project results be 

disseminated? Describe products of the 

project, such as a manual, video, 

technique, or piece of equipment. 

Indicate how project results will be 

disseminated to potential users. 

(d) What are the project milestones? 

List milestones, describing the specific 

activities and associated time lines to 

conduct the scope of work. Describe the 

time lines in increments (e.g., month 1, 

month 2), rather than by specific dates. 

Identify the individual(s) responsible for 

the various specific activities. 

This information is critical for us to 

conduct a thorough review of your 

application, so we encourage you to 

provide sufficient detail. 

7. Participation by persons or groups 

other than the applicant. Describe how 

government and non-government 

entities, particularly members of fishing 

communities, will participate in the 

project, and the nature of their 

participation. We will consider the 

degree of participation by members of 

the fishing community in determining 

which applications to fund. 

8. Project management. Describe how 

the project will be organized and 

managed. Identify the principal 

investigator and other participants in 

the project. If you do not identify the 

principal investigator, we will return 

your application without further 

consideration. Include copies of any 

agreements between you and the 

participants describing the specific tasks 

to be performed. Provide a statement no 

more than two pages long of the 

qualifications and experience (e.g., 

resume or curriculum vitae) of the 

principal investigator(s) and any 

consultants and/or subcontractors, and 

indicate their level of involvement in 

the project. If any portion of the project 

will be conducted through consultants 

and/or subcontracts, you must follow 

procurement guidance in 15 CFR part 

24, ‘‘Grants and Cooperative 

Agreements to State and Local 

Governments,’’ and 15 CFR part 14, 

‘‘Uniform Administrative Requirements 

for Grants and Agreements with 

Institutions of Higher Education, 

Hospitals, Other Non-Profit, and 

Commercial Organizations.’’ If you 

select a consultant and/or a 

subcontractor prior to submitting an 

application, indicate the process that 

you used for selection. 

E. Supporting Documentation 

You should include any relevant 

documents and additional information 

(i.e., maps, background documents) that 

will help us to understand the project 

and the problem/opportunity you seek 

to address. 

Cost Sharing Requirements 

We are requiring cost sharing in order 

to leverage the limited funds available 

for this program and to encourage 

partnerships among government, 

industry, and academia to address the 

needs of fishing communities. You must 

provide a minimum cost share of 10 

percent of total project costs, but your 

cost share must not exceed 50 percent 

of total costs. 

You may find this formula useful: 

1. Total Project Cost (Federal and nonFederal cost share combined) x .9 = 

Maximum Federal Share. 

2. Total Cost - Federal share = 

Applicant Share. 

For example, if the proposed total 

budget for your project is $100,000, the 

maximum Federal funding you can 

apply for is $90,000 ($100,000 x .9). 

Your cost share in this case would be 

$10,000 ($100,000 - $90,000). 

For a total project cost of $100,000, 

you must contribute at least $10,000, 

but no more than $50,000 (10–50 

percent of total project cost). 

Accordingly, the Federal share you 

apply for would range from $50,000 to 

$90,000. If your application does not 

comply with these cost share 

requirements, we will return it to you 

and will not consider it for funding. 

The funds you provide as cost sharing 

may include funds from private sources 

or from state or local governments, or 

the value of in-kind contributions. You 

may not use Federal funds to meet the 

cost sharing requirement except as 

provided by Federal statute. In-kind 

contributions are non-cash 

contributions provided to you by nonFederal third parties. In-kind 

contributions may include, but are not 

limited to, personal services 

volunteered to perform tasks in the 

project, and permission to use, at no 

cost, real or personal property owned by 

others. 

We will determine the 

appropriateness of all cost sharing 

proposals, including the valuation of inkind contributions, on the basis of 

guidance provided in 15 CFR parts 14 

and 24. In general, the value of in-kind 

services or property you use to fulfill 

your cost share will be the fair market 

value of the services or property. Thus, 

the value is equivalent to the cost for 

you to obtain such services or property 

if they had not been donated. You must 

document the in-kind services or 

property you will use to fulfill your cost 

share. 

If we decide to fund your application, 

we will require you to account for the 

total amount of cost share included in 

the award document. 

Limitation of Liability 

Funding for programs listed in this 

notice is contingent upon the 

availability of Fiscal Year 2009 

appropriations. Applicants are hereby 

given notice that funds have not yet 

been appropriated for the programs 

listed in this notice. In no event will 

NOAA or the Department of Commerce 

be responsible for proposal preparation 

costs if these programs fail to receive 

funding or are cancelled because of 

other agency priorities. Publication of 

this announcement does not oblige 

NOAA to award any specific project or 

to obligate any available funds. 

Universal Identifier 

Applicants should be aware that, they 

are required to provide a Dun and 

Bradstreet Data Universal Numbering 

System (DUNS) number during the 

application process. See the October 30, 

2002 Federal Register, (67 FR 66177) for 

additional information. Organizations 

can receive a DUNS number at no cost 

by calling the dedicated toll-free DUNS 

Number request line at 1–866–705–5711 

or via the internet http:// 

www.dunandbradstreet.com. 

National Environmental Policy Act 

(NEPA) 

NOAA must analyze the potential 

environmental impacts, as required by 

the National Environmental Policy Act 

(NEPA), for applicant projects or 

proposals which are seeking NOAA 

federal funding opportunities. Detailed 

information on NOAA compliance with 

NEPA can be found at the following 

NOAA NEPA Web site: http:// 

www.nepa.noaa.gov/, including our 

NOAA Administrative Order 216–6 for 

NEPA, http://www.nepa.noaa.gov/ 

NAO216--6--TOC.pdf, NEPA 

Questionnaire, http:// 

www.nepa.noaa.gov/questionnaire.pdf, 

and the Council on Environmental 

Quality implementation regulations, 

http://ceq.hss.doe.gov/nepa/regs/ceq/ 

toclceq.htm. Consequently, as part of 

an applicant’s package, and under their 

description of their program activities, 

applicants are required to provide 

detailed information on the activities to 

be conducted, locations, sites, species 

and habitat to be affected, possible 


ebenthall on PROD1PC60 with NOTICES
56800 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices 

construction activities, and any 

environmental concerns that may exist 

(e.g., the use and disposal of hazardous 

or toxic chemicals, introduction of nonindigenous species, impacts to 

endangered and threatened species, 

aquaculture projects, and impacts to 

coral reef systems). In addition to 

providing specific information that will 

serve as the basis for any required 

impact analyses, applicants may also be 

requested to assist NOAA in drafting of 

an environmental assessment, if NOAA 

determines an assessment is required. 

Applicants will also be required to 

cooperate with NOAA in identifying 

feasible measures to reduce or avoid any 

identified adverse environmental 

impacts of their proposal. The failure to 

do so shall be grounds for not selecting 

an application. In some cases if 

additional information is required after 

an application is selected, funds can be 

withheld by the Grants Officer under a 

special award condition requiring the 

recipient to submit additional 

environmental compliance information 

sufficient to enable NOAA to make an 

assessment on any impacts that a project 

may have on the environment. The 

Department of Commerce Pre-Award 

Notification Requirements for Grants 

and Cooperative Agreements contained 

in the Federal Register notice of 

February 11, 2008 (73 FR 7696) are 

applicable to this solicitation. 

Paperwork Reduction Act 

This document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). The 

use of Standard Forms 424, 424A, 424B, 

424C, 424D, and SF-LLL has been 

approved by OMB under the respective 

control numbers 4040–0004, 0348–0044, 

4040–0007, 0348–0041, 4040–0009, and 

0348–0046. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA unless 

that collection of information displays a 

currently valid OMB control number. 

Executive Order 12866 

This notice has been 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. 

Administrative Procedure Act/ 

Regulatory Flexibility Act 

Prior notice and an opportunity for 

public comment are not required by the 

Administrative Procedure Act or any 

other law for rules concerning public 

property, loans, grants, benefits, and 

contracts (5 U.S.C. 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Dated: September 24, 2008. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–22970 Filed 9–29–08; 8:45 am] 

BILLING CODE 3510–PJ–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XB13 

Takes of Marine Mammals Incidental to 

Specified Activities; Naval Explosive 

Ordnance Disposal School Training 

Operations at Eglin Air Force Base, 

Florida 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an 

incidental harassment authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) regulations, notification is 

hereby given that NMFS has issued an 

Incidental Harassment Authorization 

(IHA) to Eglin Air Force Base (EAFB) for 

the take of marine mammals, by Level 

B harassment only, incidental to Naval 

Explosive Ordnance Disposal School 

(NEODS) training operations at EAFB, 

Florida. 

DATES: Effective from October 5, 2008, 

through October 4, 2009. 

ADDRESSES: A copy of the IHA and the 

application are available by writing to 

Michael Payne, Chief, Permits, 

Conservation, and Education Division, 

Office of Protected Resources, National 

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

20910–3225, or by telephoning the 

contact listed here. A copy of the 

application containing a list of 

references used in this document may 

be obtained by writing to this address, 

by telephoning the contact listed here 

(FOR FURTHER INFORMATION CONTACT) or 

online at: http://www.nmfs.noaa.gov/pr/ 

permits/incidental.htm. Documents 

cited in this notice may be viewed, by 

appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein or Jaclyn Daly, Office 

of Protected Resources, NMFS, (301) 

713–2289. 

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 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 or, if the taking is limited to 

harassment, notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

will 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 

certain 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. 

Subsection 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take marine mammals by 

harassment. With respect to military 

readiness activities, the MMPA defines 

‘‘harassment’’ 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]. 

Section 101(a)(5)(D) establishes a 30– 

day public notice and comment period 

on any proposed IHA. Within 45 days 


ebenthall on PROD1PC60 with NOTICES