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Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
Friday, October 28, 2016 from 9:00 a.m.
until 12:00 p.m. Eastern Time.
ADDRESSES: The meeting will be held in
the West Square, Administration
Building, at the National Institute of
Standards Technology (NIST), 100,
Bureau Drive, Gaithersburg, Maryland
20899. Please note admittance
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Matthew Scholl, Information
Technology Laboratory, NIST, 100
Bureau Drive, Stop 8930, Gaithersburg,
MD 20899–8930, telephone: (301) 975–
2941, Email address: [email protected].
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. App., notice is
hereby given that the Information
Security and Privacy Advisory Board
(ISPAB) will meet Wednesday, October
26, 2016, from 9:00 a.m. until 5:00 p.m.,
Eastern Time, Thursday, October 27,
2016, from 9:00 a.m. until 5:00 p.m.,
Eastern Time, and Friday, October 28,
2016 from 8:00 a.m. until 12:00 p.m.
Eastern Time. All sessions will be open
to the public. The ISPAB is authorized
by 15 U.S.C. 278g–4, as amended, and
advises the National Institute of
Standards and Technology (NIST), the
Secretary of Homeland Security, and the
Director of the Office of Management
and Budget (OMB) on information
security and privacy issues pertaining to
Federal government information
systems, including thorough review of
proposed standards and guidelines
developed by NIST. Details regarding
the ISPAB’s activities are available at
http://csrc.nist.gov/groups/SMA/ispab/
index.html.
The agenda is expected to include the
following items:
—Presentation on Modernizing
Outdated and Vulnerable Equipment
and Information Technology Act of
2016, S.3263, 114th Cong. or the
MoveIT Act,
—Updates on OMB Circular A–130,
Managing Information as a Strategic
Resources,
—Updates on the President’s
Cybersecurity National Action Plan
(CNAP),
—Presentation on the Cybersecurity
Framework and the Government,
—Panel discussion on Information
Sharing, Information Sharing and
Analysis Organizations (ISAOs), and
Continuous Diagnostics and
Mitigation,
—Presentation on US Department of
Homeland Security’s Mobility Study,
—Panel discussion/presentation on
National Telecommunications and

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Information Administration (NTIA)
Internet of Things (IoT) report,
—Presentation/Discussion on Regulators
Task Force,
—Updates on National Cyber Incident
Response Planning, and
—Updates on NIST Computer Security
Division.
Note that agenda items may change
without notice. The final agenda will be
posted on the Web site indicated above.
Seating will be available for the public
and media. Pre-registration is required
to attend this meeting.
All visitors to the NIST site are
required to pre-register to be admitted.
Please submit your name, email address
and phone number to Isabel Van Wyk
by 5:00 p.m. Eastern Time, Tuesday,
October 25, 2016. Non-U.S. citizens
must also submit their country of
citizenship, title, employer/sponsor, and
address by 5:00 p.m. Eastern Time,
Tuesday, October 18, 2016. Isabel Van
Wyk’s email address is isabel.vanwyk@
nist.gov and her telephone number is
301–975–8371.
Also, please note that federal
agencies, including NIST, can only
accept a state-issued driver’s license or
identification card for access to federal
facilities if such license or identification
card is issued by a state that is
compliant with the REAL ID Act of 2005
(Pub. L. 109–13), or by a state that has
an extension for REAL ID compliance.
NIST currently accepts other forms of
federal-issued identification in lieu of a
state-issued driver’s license. For
detailed information please contact
Isabel Van Wyk at 301–975–8371 or
visit: http://www.nist.gov/public_
affairs/visitor/.
Public Participation: The ISPAB
agenda will include a period of time,
not to exceed thirty minutes, for oral
comments from the public (Friday,
October 28, 2016, between 10:00 a.m.
and 10:30 a.m.). Speakers will be
selected on a first-come, first served
basis. Each speaker will be limited to
five minutes. Questions from the public
will not be considered during this
period. Members of the public who are
interested in speaking are requested to
contact Matthew Scholl at the contact
information indicated in the FOR
FURTHER INFORMATION CONTACT section of
this notice.
Speakers who wish to expand upon
their oral statements, those who had
wished to speak but could not be
accommodated on the agenda, and those
who were unable to attend in person are
invited to submit written statements. In
addition, written statements are invited
and may be submitted to the ISPAB at
any time. All written statements should

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be directed to the ISPAB Secretariat,
Information Technology Laboratory, 100
Bureau Drive, Stop 8930, National
Institute of Standards and Technology,
Gaithersburg, MD 20899–8930.
Kevin Kimball,
NIST Chief of Staff.
[FR Doc. 2016–23338 Filed 9–27–16; 8:45 am]
BILLING CODE 3510–13–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE905

Taking and Importing of Marine
Mammals and Dolphin-Safe Tuna
Products
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; determination of regular
and significant mortality and serious
injury of dolphins.
AGENCY:

The Assistant Administrator
for Fisheries, NMFS, (Assistant
Administrator) has issued a
determination, under the Dolphin
Protection Consumer Information Act
(DPCIA), of regular and significant
mortality and serious injury of dolphins
in gillnet fisheries harvesting tuna by
vessels flagged under the Governments
of India, Iran, Mozambique, Pakistan,
Oman, Saudi Arabia, Sri Lanka,
Tanzania, the United Arab Emirates,
and Yemen. This determination triggers
additional documentation requirements
for tuna product from those fisheries
that is exported from or offered for sale
in the United States, including that such
tuna must be accompanied by a written
statement executed by an observer
participating in a national or
international program acceptable to the
Assistant Administrator, in addition to
such statement by the captain of the
vessel, that certifies that no dolphins
were killed or seriously injured in the
sets or other gear deployments in which
the tuna were caught and certain other
required information regarding dolphin
interactions and segregation of tuna.
These determinations were based on
review of scientific information and,
when available, documentary evidence
submitted by the relevant government.
DATES: Effective November 28, 2016,
except the new requirements for
observer statements that will be
effective upon announcement in the
Federal Register of approval by the
SUMMARY:

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66626

Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices

Office of Management and Budget under
the Paperwork Reduction Act.
FOR FURTHER INFORMATION CONTACT:
Nina M. Young, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910.
Phone: 301–427–8383 Email:
[email protected]. More
information on this final action can be
found on the NMFS Web site at http://
www.nmfs.noaa.gov/ia/.
SUPPLEMENTARY INFORMATION: The
DPCIA, 16 U.S.C. 1385 et seq., states
that it is a violation of section 5 of the
Federal Trade Commission Act (15
U.S.C. 45) for any producer, importer,
exporter, distributor, or seller of any
tuna product that is exported from or
offered for sale in the United States to
include on the label of that product the
term ‘‘dolphin safe’’ or any other term
or symbol that falsely claims or suggests
that the tuna contained in the product
were harvested using a method of
fishing that is not harmful to dolphins
if the product does not meet the dolphin
safe requirements set out in the statute
and elaborated in the NMFS
implementing regulations.
50 CFR 216.91 provides that tuna
product prepared from tuna harvested
by purse seine vessels of more than 400
short tons carrying capacity in the
eastern tropical Pacific Ocean (ETP) and
labeled ‘‘dolphin safe’’ is required to be
accompanied by both a captain and an
observer statement that the tuna meets
the ‘‘dolphin safe’’ criteria under the
DPCIA. Tuna product prepared from
tuna harvested in other fisheries and
labeled ‘‘dolphin safe’’ is required to be
accompanied by a captain’s statement
that the tuna meets the ‘‘dolphin safe’’
criteria and may require an observer
statement if additional requirements are
triggered.
In addition, under 50 CFR 216.91,
tuna product labeled ‘‘dolphin safe’’
that was prepared from tuna caught in
a fishery ‘‘in which the Assistant
Administrator has determined that
either a regular and significant
association between dolphins and tuna
(similar to the association between
dolphins and tuna in the ETP) or a
regular and significant mortality or
serious injury of dolphins is occurring’’
must be accompanied by ‘‘a written
statement, executed by the captain of
the vessel and an observer participating
in a national or international program
acceptable to the Assistant
Administrator, unless the Assistant
Administrator determines an observer
statement is unnecessary.’’ The captain
and observer statements must certify
that: No fishing gear was intentionally
deployed on or used to encircle

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dolphins during the trip on which the
tuna were caught; no dolphins were
killed or seriously injured in the sets or
other gear deployments in which the
tuna were caught; and if non-dolphinsafe tuna was retained on the same
fishing trip; and (C) tuna caught in sets
designated as dolphin-safe was stored
physically separate from tuna caught in
a non-dolphin-safe set by the use of
netting, other material, or separate
storage areas from the time of capture
through unloading.
50 CFR 216.91 provides that, for tuna
product prepared from tuna harvested
in other than the ETP large purse seine
fishery and labeled ‘‘dolphin safe,’’ U.S.
processors and importers of record must
collect and retain for 2 years
information on each point in the chain
of custody regarding the shipment of the
tuna or tuna product to the point of
entry into U.S. commerce. The retained
information must be provided to NMFS
upon request and must be sufficient for
NMFS to conduct a trace back to verify
that the tuna product certified as
dolphin-safe to NMFS, in fact, meets the
dolphin-safe requirements for such
certification.
In addition, under 50 CFR 216.91,
tuna product prepared from tuna
harvested in fisheries in which the
Assistant Administrator has determined
that a ‘‘regular and significant’’
mortality or serious injury of dolphins
or a ‘‘regular and significant’’ tunadolphin association is occurring and
labeled dolphin-safe must be
accompanied by a government
certificate validating: (1) The catch
documentation is correct; (2) the tuna or
tuna products meet the dolphin-safe
standards under 50 CFR 216.91; and (3)
the chain of custody information is
correct.
The Assistant Administrator makes a
determination of ‘‘regular and
significant mortality or serious injury of
dolphins’’ based upon the readily
available information showing that the
mortality or serious injury occurring in
the fishery exceeds that of the large
purse seine tuna fishery in the ETP.
A regular and significant
determination will be terminated, in
consultation with the Secretary of State,
if the Assistant Administrator
determines that the mortality and
serious injury of dolphins for a
particular fishery is less than that
occurring in the large purse seine tuna
fishery in the ETP.
Pursuant to 50 CFR 216.91(a)(3)(v),
the Assistant Administrator considered
readily available information and
documentary evidence submitted, in
response to letters requesting
information, by the relevant

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governments and determined that
gillnet fisheries harvesting tuna flagged
under the jurisdiction of the
Governments of India, Iran,
Mozambique, Pakistan, Oman, Saudi
Arabia, Sri Lanka, Tanzania, the United
Arab Emirates, and Yemen have a
regular and significant mortality or
serious injury of dolphins in the course
of those fishing operations.
After consultation with the
Department of State, the Assistant
Administrator issued a regular and
significant determination for such
gillnet fisheries to the Governments of
India, Iran, Mozambique, Pakistan,
Oman, Saudi Arabia, Sri Lanka,
Tanzania, the United Arab Emirates,
and Yemen. Tuna products from those
fisheries harvested on fishing trips that
begin on or after the effective date of
this notice are therefore subject to the
regulations set forth in 50 CFR
216.91(a)(3)(v) and (a)(5)(ii), including a
requirement that tuna and tuna products
from these fisheries exported from or
offered for sale in the United States that
are marketed as or include on the label
of that product the term ‘‘dolphin safe’’
must be accompanied, as described in
50 CFR 216.91(a)(3)(v), by a written
statement executed by both the captain
of the vessel and also, as described
above, a statement by an observer
participating in a national or
international program acceptable to the
Assistant Administrator, that certifies
that no dolphins were killed or
seriously injured in the sets or other
gear deployments in which the tuna
were caught and certain other required
information regarding dolphin
interactions and segregation of tuna.
The Assistant Administrator has not
yet determined that any national or
international observer program
operating in the fisheries identified in
this notice are ‘‘acceptable’’ for
purposes of 50 CFR 216.91(a)(3)(v). To
make determinations that an observer
program is ‘‘acceptable’’ for purposes of
50 CFR 216.91(a)(3)(v), the Assistant
Administrator will use the applicable
criteria set forth in the Federal Register
notice published July 14, 2014, (79 FR
40718) entitled ‘‘Determination of
Observer Programs as Qualified and
Authorized by the Assistant
Administrator for Fisheries.’’
Government authorities of the nations
identified above are invited to submit
information to NMFS that would
support a determination that an
observer program is acceptable for the
purposes of making the statements
required under 50 CFR 216.91(a)(3)(v).

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Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
Dated: September 21, 2016.
John Henderschedt,
Director, Office of International Affairs and
Seafood Inspection, National Marine
Fisheries Service.
[FR Doc. 2016–23333 Filed 9–27–16; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE560

Marine Mammals; File Nos. 19436 and
19592
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits.
AGENCY:

Notice is hereby given that
permits have been issued to the Aleut
Community of St. Paul Island, Tribal
Government, Ecosystem Conservation
Office [File No. 19436], 2050 Venia
Minor Road, P.O. Box 86, St. Paul
Island, AK 99660 [Responsible Party:
Pamela Lestenkof], and the St. George
Traditional Council, Ecosystem
Conservation Office [File No. 19592],
P.O. Box 940, St. George Island, Alaska
99591 [Responsible Party: Chris
Merculief], to conduct research on and
export specimens of northern fur seals
(Callorhinus ursinus), Steller sea lions
(Eumetopias jubatus), harbor seals
(Phoca vitulina) for scientific research.
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.
FOR FURTHER INFORMATION CONTACT: Rosa
Gonza´lez or Amy Sloan, (301) 427–
8401.
SUMMARY:

On May 9,
2016, notice was published in the
Federal Register (81 FR 28052) that
requests for permits to conduct research
on and export specimens of northern fur
seals (Callorhinus ursinus), Steller sea
lions (Eumetopias jubatus) and harbor
seals (Phoca vitulina) for scientific
research had been submitted by the
above-named applicants. The requested
permits have been issued under the
authority of the Marine Mammal
Protection Act of 1972, as amended (16
U.S.C. 1361 et seq.), the regulations
governing the taking and importing of
marine mammals (50 CFR part 216), the

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SUPPLEMENTARY INFORMATION:

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Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.),
the regulations governing the taking,
importing, and exporting of endangered
and threatened species (50 CFR parts
222–226), and the Fur Seal Act of 1966,
as amended (16 U.S.C. 1151 et seq.).
The permits (Nos. 19436 and 19592)
authorize the Permit Holders to perform
a series of activities to fulfill their
Biosampling, Entanglement/
Disentanglement, and Island Sentinel
Program responsibilities as established
under the co-management agreements
between NMFS and the Aleut
Communities. See tables in the permits
for authorized numbers of takes by
species, stock and activity. The permits
are valid until September 30, 2021.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), NMFS has
determined that the activities proposed
are consistent with the Preferred
Alternative in the Final Programmatic
Environmental Impact Statement for
Steller Sea Lion and Northern Fur Seal
Research (NMFS 2007), and the
Environmental Assessment for Issuance
of Permits to take Steller Sea Lions by
harassment during surveys using
unmanned aerial systems (NMFS 2014),
and that issuance of the permits would
not have a significant adverse impact on
the human environment.
As required by the ESA, issuance of
the permits was based on a finding that
such permits: (1) Were applied for in
good faith; (2) will not operate to the
disadvantage of such endangered
species; and (3) are consistent with the
purposes and policies set forth in
section 2 of the ESA.
Dated: September 22, 2016.
Julia Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2016–23316 Filed 9–27–16; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA160

Marine Mammals; File No. 15330

66627

2181⁄2 W. 4th Avenue, Olympia, WA
98501, has been issued a minor
amendment to Scientific Research
Permit No. 15330.
The amendment and related
documents are available for review
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Shasta McClenahan or Carrie Hubard,
(301) 427–8401.
The
requested amendment has been granted
under the authority of the Marine
Mammal Protection Act of 1972, as
amended (16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), and the regulations governing
the taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
The original permit (No. 15330),
issued on July 28, 2011 (76 FR 48146)
authorized harassment of 40 cetacean
species through vessel approach for
sighting surveys, photographic
identification, behavioral research,
opportunistic sampling (breath,
sloughed skin, fecal material, and prey
remains), and aerial over-flights. All
cetacean species except harbor porpoise
(Phocoena phocoena), right whales
(Eubalaena japonica), Cook Inlet beluga
whales (Delphinapterus leucas), and
unidentified mesoplodon and baleen
species will be targeted for dart and/or
suction-cup tagging. Import and export
of marine mammal prey specimens,
sloughed skin, fecal, and breath samples
obtained is authorized. Seven species of
pinnipeds may be incidentally harassed
during research activities. The original
permit was valid through August 1,
2016. The minor amendment (No.
15330–03) extends the duration of the
permit through August 1, 2017, but does
not change any other terms or
conditions of the permit.

SUPPLEMENTARY INFORMATION:

National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit
amendment.

Dated: September 23, 2016.
Julia Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.

Notice is hereby given that
Robin Baird, Ph.D., Cascadia Research,

BILLING CODE 3510–22–P

AGENCY:

SUMMARY:

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[FR Doc. 2016–23339 Filed 9–27–16; 8:45 am]

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