67950 Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 

be postmarked on or before November 

24, 2010. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 a.m. and 

5 p.m. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 10–064. Applicant: 

The University of Texas at Austin, 

Center for Electromechanics, Pickle 

Research Campus 10100 Burnet Road, 

Bldg. 133, Austin, Texas 78758–4497. 

Instrument: Hexapod Actuators. 

Manufacturer: ADS International, S.r.l., 

Italy. Intended Use: The instrument will 

be used on the Hobby-Eberly Telescope 

for the study of ‘‘Dark Energy.’’ The 

instrument is unique because of its 

ability to achieve the desired accuracy 

of +/¥ 2 microns, the stiffness of 400 N/ 

micron, the end mounts ability to rotate 

up to +/¥ 20 degrees in two axes and 

a stiffness of 250 N/micron, is actively 

cooled, and is able to generate 30kN of 

continuous force for extended periods of 

time. Justification for Duty-Free Entry: 

There are no instruments of the same 

general category being manufactured in 

the United States. Application accepted 

by Commissioner of Customs: October 

20, 2010. 

Dated: October 29, 2010. 

Gregory Campbell, 

Acting Director, IA Subsidies Enforcement 

Office. 

[FR Doc. 2010–27887 Filed 11–3–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

National Institutes of Health, et al.; 

Notice of Consolidated Decision on 

Applications for Duty-Free Entry of 

Electron Microscopes 

This is a decision consolidated 

pursuant to Section 6(c) of the 

Educational, Scientific, and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301). 

Related records can be viewed between 

8:30 a.m. and 5 p.m. in Room 3720, U.S. 

Department of Commerce, 14th and 

Constitution Avenue, NW., Washington, 

DC. 

Docket Number: 10–055. Applicant: 

National Institutes of Health, Bethesda, 

MD 20892. Instrument: Electron 

Microscope. Manufacturer: JEOL 

Limited, Japan. Intended Use: See notice 

at 75 FR 57738, September 22, 2010. 

Docket Number: 10–056. Applicant: 

University of Notre Dame, Procurement 

Services, Notre Dame, IN 46556. 

Instrument: Electron Microscope. 

Manufacturer: FEI Company, the 

Netherlands. Intended Use: See notice at 

75 FR 57738, September 22, 2010. 

Docket Number: 10–057. Applicant: 

Curators of the University of Missouri, 

Rolla, MO 56049. Instrument: Electron 

Microscope. Manufacturer: FEI 

Company, the Netherlands. Intended 

Use: See notice at 75 FR 57738, 

September 22, 2010. 

Docket Number: 10–058. Applicant: 

SUNY Upstate Medical University, 

Syracuse, NY 13210. Instrument: 

Electron Microscope. Manufacturer: 

JEOL, Ltd., Japan. Intended Use: See 

notice at 75 FR 57738, September 22, 

2010. 

Comments: None received. Decision: 

Approved. No instrument of equivalent 

scientific value to the foreign 

instrument, for such purposes as these 

instruments are intended to be used, 

was being manufactured in the United 

States at the time the instruments were 

ordered. Reasons: Each foreign 

instrument is an electron microscope 

and is intended for research or scientific 

educational uses requiring an electron 

microscope. We know of no electron 

microscope, or any other instrument 

suited to these purposes, which was 

being manufactured in the United States 

at the time of order of each instrument. 

Dated: October 29, 2010. 

Gregory W. Campbell, 

Acting Director, Subsidies Enforcement 

Office, Import Administration. 

[FR Doc. 2010–27889 Filed 11–3–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

The University of Georgia (UGA), et al.; 

Notice of Decision on Applications for 

Duty-Free Entry of Scientific 

Instruments 

This is a decision pursuant to Section 

6(c) of the Educational, Scientific, and 

Cultural Materials Importation Act of 

1966 (Pub. L. 89–651, as amended by 

Pub. L. 06–36; 80 Stat. 897; 15 CFR part 

301). Related records can be viewed 

between 8:30 a.m. and 5 p.m. in Room 

3720, U.S. Department of Commerce, 

14th and Constitution Ave., NW., 

Washington, DC. 

Docket Number: 10–054. Applicant: 

The University of Georgia (UGA), 

Athens, GA 30602–7229. Instrument: 

HV Pneumatic Quadrant Beam Position 

Monitor with I404 Quad Current 

Integrator. Manufacturer: FMB Oxford 

Limited, United Kingdom. Intended 

Use: See notice at 75 FR 57738, 

September 22, 2010. Comments: None 

received. Decision: Approved. Reasons: 

The instrument must meet the following 

specifications: an 11 mm diameter beam 

aperture, a He leak rate of < 2 × 10∧ ¥ 

8 mbar I/sec, HV compatible to < 5 × 10 

¥ 7 mbar vacuum, an operational range 

of 2 bar to 7 bar, a 6 mm pneumatic air 

connection, and a 24 VCD (1.2W) at 50 

mA solenoid with flying leads. We 

know of no instruments of equivalent 

scientific value to the foreign 

instruments described below, for such 

purposes as this is intended to be used, 

that was being manufactured in the 

United States at the time of its order. 

Docket Number: 10–059. Applicant: 

University of Chicago, LLC, Lemont, IL 

60439. Instrument: Micropitting Test 

Machine. Manufacturer: Primelia 

Consulting Services Limited, United 

Kingdom. Intended Use: See notice at 75 

FR 57738, September 22, 2010. 

Comments: None received. Decision: 

Approved. Reasons: The instrument has 

capabilities that are tailored for the 

specific micropitting analysis, 

specifically the accelerometer 

measurement to monitor for onset of 

fatigue failure. The instrument also has 

three points of contact which will 

increase the speed at which tests are 

made. We know of no instruments of 

equivalent scientific value to the foreign 

instruments described below, for such 

purposes as this is intended to be used, 

that was being manufactured in the 

United States at the time of its order. 

Dated: October 29, 2010. 

Gregory W. Campbell, 

Acting Director, Subsidies Enforcement 

Office, Import Administration. 

[FR Doc. 2010–27888 Filed 11–3–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Notice of Designation of the Lake 

Superior National Estuarine Research 

Reserve in Wisconsin 

AGENCY: Estuarine Reserves Division, 

Office of Ocean and Coastal Resource 

Management, National Ocean Service, 

National Oceanic and Atmospheric 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of Designation and 

availability of Notice of Record of 

Decision. 

SUMMARY: Notice is hereby given that 

the National Oceanic and Atmospheric 

Administration (NOAA), U.S. 

Department of Commerce, has 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 67951 

designated certain lands and waters of 

the St. Louis River freshwater estuary in 

Wisconsin as the Lake Superior 

National Estuarine Research Reserve. 

On October 19, 2010, Under Secretary 

of Commerce for Oceans and 

Atmosphere Dr. Jane Lubchenco signed 

a record of decision pursuant to the 

National Environmental Policy Act and 

a findings of designation for the Lake 

Superior National Estuarine Research 

Reserve in Wisconsin pursuant to 

Section 315 of the Coastal Zone 

Management Act of 1972, as amended, 

16 U.S.C. Section 1461, and its 

implementing regulations at 15 CFR Part 

921. The Reserve duly received 

certification from the State of Wisconsin 

Coastal Program that Reserve 

designation is consistent to the 

maximum extent practicable with its 

program. A copy of the official Record 

of Decision is available for public 

review from NOAA’s Office of Ocean 

and Coastal Resource Management at 

the address below. 

FOR FURTHER INFORMATION CONTACT: 

Laurie McGilvray (301) 713–3155 x158, 

Estuarine Reserves Division, Office of 

Ocean and Coastal Resource 

Management, National Ocean Service, 

NOAA, 1305 East West Highway, N/ 

ORM5, Silver Spring, MD 20910. A copy 

of the Record of Decision for each 

Reserve is available upon request. 

Federal Domestic Assistance Catalog Number 

11.420 (Coastal Zone Management) Research 

Reserves. 

Dated: October 22, 2010. 

Donna Wieting, 

Director, Office of Ocean and Coastal 

Resource Management. 

[FR Doc. 2010–27878 Filed 11–3–10; 8:45 am] 

BILLING CODE 3510–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RIN 0648–XZ78] 

Takes of Marine Mammals Incidental to 

Specified Activities; Piling and 

Structure Removal in Woodard Bay 

Natural Resources Conservation Area, 

Washington 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

harassment authorization. 

SUMMARY: In accordance with 

regulations implementing the Marine 

Mammal Protection Act (MMPA), as 

amended, notification is hereby given 

that an Incidental Harassment 

Authorization (IHA) to take marine 

mammals, by harassment, incidental to 

derelict creosote piling and structure 

removal within the Woodard Bay 

Natural Resources Conservation Area 

(NRCA) has been issued to the 

Washington State Department of Natural 

Resources (DNR). 

DATES: This authorization is effective 

from November 1, 2010–February 28, 

2011. 

ADDRESSES: A copy of the application, 

IHA, and a list of references used in this 

document may be obtained by writing 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, by telephoning the contact 

listed here, or visiting NMFS Web site 

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

permits/incidental.htm#applications. 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, 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 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 and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

shall 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 (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings 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.’’ 

Section 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 small numbers of 

marine mammals by harassment. 

Section 101(a)(5)(D) establishes a 45-day 

time limit for NMFS review of an 

application followed by a 30-day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny the authorization. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Summary of Request 

On June 9, 2010, NMFS received an 

application from the WA DNR 

requesting authorization to take, by 

harassment, small numbers of marine 

mammals incidental to derelict creosote 

piling and structure removal associated 

with a habitat restoration project within 

the Woodard Bay NRCA, Washington. 

The specified activity includes removal 

of approximately 615 timber pilings and 

a trestle located in Woodard Bay and a 

portion of pier superstructure located at 

the mouth of Chapman Bay. Pilings will 

be removed by vibratory hammer 

extraction methods and structures will 

be removed via cable lifting. In addition, 

approximately 25 nest boxes for purple 

martins will be relocated from removed 

pilings to pilings that are retained for 

seal habitat and buffer, using a small 

boat if necessary and will require a 

battery powered drill. 

Harbor seals have been utilizing the 

remnant log boom structures at 

Woodard Bay NRCA as haul-out habitat 

for resting, pupping and molting for 

more than 30 years. These booms are 

situated among the piles and structure 

planned for removal. The WA DNR 

anticipates harbor seals will flush into 

the water upon crew arrival and onset 

of pile and structure removal activities; 

hence, harbor seals may be harassed 

during pile removal activities. Since the 

activity has the potential to take marine 

mammals, a marine mammal take 

authorization under the MMPA is 

warranted. 

Description of the Specified Activity 

The Woodard Bay NRCA, located 

within Henderson Inlet in southern 

Puget Sound, was designated by the 

Washington State Legislature in 1987 to 


jlentini on DSKJ8SOYB1PROD with NOTICES