Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 5575 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Import Administration no 

later than seven days after the date the 

final verification report is issued in this 

proceeding and rebuttal briefs, limited 

to issues raised in case briefs, no later 

than five days after the deadline for 

submitting case briefs. See 19 CFR 

351.309(c)(1)(i) and (d)(1). A list of 

authorities used and an executive 

summary of issues should accompany 

any briefs submitted to the Department. 

This summary should be limited to five 

pages total, including footnotes. 

In accordance with section 774 of the 

Act, we will hold a public hearing, if 

requested, to afford interested parties an 

opportunity to comment on arguments 

raised in case or rebuttal briefs. If a 

request for a hearing is made, we intend 

to hold the hearing three days after the 

deadline of submission of rebuttal briefs 

at the U.S. Department of Commerce, 

14th Street and Constitution Ave, NW., 

Washington, DC 20230, at a time and in 

a room to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

Interested parties that wish to request 

a hearing, or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Import Administration, U.S. Department 

of Commerce, Room 1870, within 30 

days after the date of publication of this 

notice. See 19 CFR 351.310(c). Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, and a list of the 

issues to be discussed. At the hearing, 

each party may make an affirmative 

presentation only on issues raised in 

that party’s case brief and may make 

rebuttal presentations only on 

arguments included in that party’s 

rebuttal brief. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Pursuant to section 735(a)(2) of the 

Act, on January 14, 2010, Hung Kuo 

requested that in the event of an 

affirmative preliminary determination 

in this investigation, the Department 

postpone its final determination by 60 

days. Additionally, on January 15, 2010, 

Hung Kuo requested that the 

Department extend the application of 

the provisional measures prescribed 

under 19 CFR 351.210(e)(2) from a 4- 

month period to a 6-month period. In 

accordance with section 733(d) of the 

Act and 19 CFR 351.210(b), we are 

granting the request and are postponing 

the final determination until no later 

than 135 days after the publication of 

this notice in the Federal Register 

because: (1) Our preliminary 

determination is affirmative, (2) the 

requesting exporter accounts for a 

significant proportion of exports of the 

subject merchandise, and (3) no 

compelling reasons for denial exist. 

Suspension of liquidation will be 

extended accordingly. 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act. 

Dated: January 26, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–2309 Filed 2–2–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU14 

Taking and Importing Marine 

Mammals; Navy Training Activities 

Conducted in the Gulf of Alaska 

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 has received a request 

from the U.S. Navy (Navy) for 

authorization to take marine mammals 

incidental to military readiness training 

activities to be conducted in the Gulf of 

Alaska (GOA) Temporary Maritime 

Activities Area (TMAA) for the period 

beginning December 2010 and ending 

December 2015. Pursuant to the 

implementing regulations of the Marine 

Mammal Protection Act (MMPA), NMFS 

is announcing our receipt of the Navy’s 

request for the development and 

implementation of regulations 

governing the incidental taking of 

marine mammals and inviting 

information, suggestions, and comments 

on the Navy’s application and request. 

DATES: Comments and information must 

be received no later than March 5, 2010. 

ADDRESSES: Comments on the 

application should be addressed 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. The mailbox address for 

providing email comments is PR1.0648– 

XU14@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. 

FOR FURTHER INFORMATION CONTACT: Jolie 

Harrison, Office of Protected Resources, 

NMFS, (301) 713–2289, ext. 166. 

SUPPLEMENTARY INFORMATION: 

Availability 

A copy of the Navy’s application may 

be obtained by writing to the address 

specified above (See ADDRESSES), 

telephoning the contact listed above (see 

FOR FURTHER INFORMATION CONTACT), or 

visiting the internet at: http:// 

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

incidental.htm. The Navy’s Draft 

Environmental Impact Statement (DEIS) 

for the GOA TMAA was made available 

to the public on December 11, 2009, and 

may be viewed at http:// 

www.gulfofalaskanavyeis.com/. During 

the initial 45–day public comment 

period, the Navy hosted five public 

hearings. 

Background 

In the case of military readiness 

activities, 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 no more than 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 that 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 

‘‘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 


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5576 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 

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 

In March 2009, NMFS received an 

application from the Navy requesting 

authorization to take individuals of 20 

species of marine mammals (15 

cetaceans and 5 pinnipeds) incidental to 

upcoming training activities to be 

conducted in the GOA TMAA, which is 

a polygon roughly the shape of a 300 nm 

by 150 nm rectangle oriented northwest 

to southeast in the long direction, over 

the course of 5 years. NMFS 

subsequently requested additional 

information, which was provided in the 

form of a revised application in 

November, 2009. These training 

activities are classified as military 

readiness activities. The Navy states that 

these training activities may expose 

some of the marine mammals present in 

the area to sound from various active 

tactical sonar sources or to pressure 

from underwater detonations. The Navy 

requests authorization to take 

individuals of 20 species of cetaceans 

and pinnipeds by Level B Harassment. 

Further, the Navy requests authorization 

to take 3 individual beaked whales (of 

any of the following species: Baird’s 

beaked whale, Cuvier’s beaked whale, 

Stejneger’s beaked whale) annually by 

serious injury or mortality. 

Specified Activities 

In the application submitted to 

NMFS, the Navy requests authorization 

to take marine mammals incidental to 

conducting training activities utilizing 

mid- and high frequency active sonar 

sources and explosive detonations. 

These sonar and explosive sources will 

be utilized during Anti-submarine 

Warfare (ASW) Tracking and Torpedo 

Exercises, Extended Echo Ranging, 

Improved Extended Echo Ranging, and 

Advanced Extended Echo Ranging 

(EER/IEER/AEER) events, Missile 

Exercises, Gunnery Exercises, Bombing 

Exercises, and Sinking Exercises. Table 

1–7 in the application lists the activity 

types, the equipment and platforms 

involved, and the duration and potential 

locations of the activities. 

The training activities will take place 

during the summer months, in the form 

of one or two major exercises or focused 

activity periods. These exercises or 

activity periods would each last up to 

21 days and consist of multiple 

component training activities. Unlike 

Navy Training activities in other areas, 

the GOA TMAA is not a Range Complex 

and as such, there are no other or 

ongoing small scale Navy Training 

activities conducted outside these 

activity periods. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning the Navy’s request (see 

ADDRESSES). All information, 

suggestions, and comments related to 

the Navy’s GOA TMAA request and 

NMFS’ potential development and 

implementation of regulations 

governing the incidental taking of 

marine mammals by the Navy’s GOA 

TMAA activities will be considered by 

NMFS in developing, if appropriate, the 

most effective regulations governing the 

issuance of letters of authorization. 

Dated: January 28, 2010. 

P. Michael Payne, 

Chief, Division of Permits, Conservation, and 

Education, Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–2286 Filed 2–2–10; 8:45 am] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Request for New 

Collection—3038–NEW, Registration 

Under the CEA—Proposed 

Questionnaire to Regulation 30.10 

Relief Recipients (17 CFR Part 30) 

AGENCY: Commodity Futures Trading 

Commission 

ACTION: Notice—proposed 

questionnaire. 

SUMMARY: Under the Paperwork 

Reduction Act of 1995 (PRA), 44 U.S.C. 

3501 et seq., Federal agencies are 

required to publish notice in the 

Federal Register concerning each 

proposed collection of information, and 

to allow 60 days for comment in 

response to the notice. The Division of 

Clearing and Intermediary Oversight 

(DCIO) of the Commodity Futures 

Trading Commission (CFTC) is 

proposing to send a questionnaire to 

obtain updated information on the 

current laws and market developments 

of each jurisdiction in which exemptive 

relief was granted by the Commission 

pursuant to Regulation 30.10. 

DATES: Comments must be received by 

April 5, 2010. 

ADDRESSES: Interested persons should 

submit their views and comments to 

Secretary of the Commission, 

Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. In addition, 

comments may be sent by facsimile 

transmission to number (202) 418–5521, 

or by electronic mail to 

secretary@cftc.gov. Reference should be 

made to ‘‘Commission Regulation 30.10 

Questionnaire.’’ 

FOR FURTHER INFORMATION CONTACT: 

Andrew Chapin, Associate Director, or 

Andrea Musalem, Attorney-Advisor, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. Telephone: 

(202) 418–5167. 

SUPPLEMENTARY INFORMATION: 

I. Background 

CFTC Regulation 30.10 allows 

persons located and doing business 

outside the U.S., who are subject to a 

comparable regulatory framework in the 

country in which they are located, to 

seek an exemption from the application 

of certain of the Part 30 regulations. 

Regulation 30.10 expressly states that, 

upon petition, the Commission may 

exempt any person from any 

requirement of the Part 30 regulations. 

If the Commission grants an exemption, 

persons located and doing business 

outside the U.S. may solicit or accept 

orders directly from U.S. customers for 

foreign futures or options transactions 

without registering under the Act as 

FCMs. 

A petition for exemption pursuant to 

Regulation 30.10 is typically filed on 

behalf of persons located and doing 

business outside the U.S. that seek 

access to U.S. customers by (1) a 

governmental agency responsible for 

implementing and enforcing the foreign 

regulatory program, or (2) a selfregulatory organization (SRO) of which 

such persons are members. A petitioner 

who seeks an exemption pursuant to 

Regulation 30.10, based on substituted 

compliance with a non-U.S. regulatory 

framework that is comparable to the Act 

and rules thereunder, must set forth 

with particularity the comparable 

regulations applicable in the 

jurisdiction in which that person is 

located. In essence, a petitioner under 

Regulation 30.10 must present, with 

particularity, the factual basis for a 

finding of comparability and the reasons 

why the policies and purposes of the 

Commission’s regulatory program are 

met, notwithstanding any differences of 

degree or kind in the petitioner’s 

regulatory program. 

Appendix A to Part 30 (Appendix A) 

articulates standards to be used by staff 

in assessing whether a foreign 


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