Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Rocket Launches from Kodiak, AK, 20344-20346 [2010-8974]

Download as PDF 20344 Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Notices Notification to Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 13, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. (BSAI) groundfish plan teams will meet via teleconference May 6, 2010, 12:30 p.m. Alaska Standard Time (AST) to review proposals for models to be considered for inclusion in the GOA and BSAI Pacific cod assessments. DATES: The teleconference will be held on May 6, 2010; telephone: (907) 271– 2896. ADDRESSES: Listening sites - North Pacific Fishery Management Council, 605 W 4th Avenue, Anchorage, AK; and Alaska Fisheries Science Center, 7600 Sand Point Way N.E., Building 4, Seattle, WA. Council address: North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501–2252. FOR FURTHER INFORMATION CONTACT: Jane DiCosimo; North Pacific Fishery Management Council; telephone: (907) 271–2809. SUPPLEMENTARY INFORMATION: Agenda: Review proposals for models Pacific cod stock assessments. The agenda is posted on the Council website at: http:// www.alaskafisheries.noaa.gov/npfmc/ Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen, (907) 271–2809, at least 5 working days prior to the meeting date. Dated: April 14, 2010. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Appendix—List of Issues in Decision Memorandum [FR Doc. 2010–8898 Filed 4–16–10; 8:45 am] Comment 1: Application of Total AFA to Ternium Comment 2: Application of Total AFA to Mueller Comment 3: Rescission of Administrative Review for TUNA BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [FR Doc. 2010–8991 Filed 4–16–10; 8:45 am] BILLING CODE 3510–DS–P RIN 0648–XV64 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Rocket Launches from Kodiak, AK DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 RIN 0648–XV88 North Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The North Pacific Fishery Management Council’s Gulf of Alaska (GOA) and Bering Sea/Aleutian Islands VerDate Nov<24>2008 15:04 Apr 16, 2010 Jkt 220001 AGENCY: National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice; Issuance of a Letter of Authorization. SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the Alaska Aerospace Corporation PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 (AAC, formerly known as the Alaska Aerospace Development Corporation), to take Steller sea lions (Eumetopias jubatus) and Pacific harbor seals (Phoca vitulina richardsi) incidental to rocket launches from the Kodiak Launch Complex (KLC). DATES: Effective April 15, 2010, through February 28, 2011. ADDRESSES: The LOA and supporting documentation 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, by telephoning one of the contacts listed here (see 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, or Brad Smith, Alaska Regional Office, NMFS, (907) 271–3023. SUPPLEMENTARY INFORMATION: Background Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs the National Marine Fisheries Service (NMFS) to allow, on 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 regulations are issued. Under the MMPA, the term ‘‘taking’’ means to harass, hunt, capture, or kill or to attempt to harass, hunt, capture or kill marine mammals. Authorization may be granted for periods up to five years if NMFS finds, after notification and opportunity for public comment, that the taking will have a negligible impact on the species or stock(s) of marine mammals and will not have an unmitigable adverse impact on the availability of the species or stock(s) for 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 must include requirements for monitoring and reporting of such taking. E:\FR\FM\19APN1.SGM 19APN1 Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Notices Regulations governing the taking of Steller sea lions and harbor seals, by harassment, incidental to rocket launches at KLC, became effective on February 27, 2006 (71 FR 4297), and remain in effect until February 28, 2011. For detailed information on this action, please refer to that document. These regulations include mitigation, monitoring, and reporting requirements for the incidental taking of marine mammals during rocket launches at KLC. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Summary of Request NMFS received a request for an LOA pursuant to the aforementioned regulations that would authorize, for a period not to exceed 1 year, take of marine mammals incidental to rocket launches at KLC. Summary of Activity and Monitoring Under the Current LOA No launch operations were conducted at KLC in 2009, and none were predicted or scheduled prior to expiration of the current LOA. As such, the most recent reports concerning activity and monitoring at KLC were submitted in compliance with the 2008 LOA. A summary of those reports (R&M Consultants, 2008) follows. FTX–03 Mission Two launches were conducted at KLC between March 12, 2008, and March 11, 2009. The first was a monitored launch of a Flight Test Experimental–03 (FTX– 03) long range ballistic missile on July 18, 2008 at 1:47:00 a.m. ADT. Aerial surveys to document marine mammals in the primary survey area (6–mile radius of the KLC launch pads) were flown using single-engine fixed-wing aircraft 1 day prior to (July 17), the day of (July 18), and 3 days (July 19–21) post launch. On July 17, 2008, video equipment and a noise monitor were deployed on the northeast side of Ugak Island, 4.2 miles (6.8 km) from the launch site, and another noise monitor was deployed on Narrow Cape , 0.9 miles (1.4 km) from the launch site. Sound level monitoring equipment at Ugak Island registered noise above general ambient levels for one minute thirty three seconds with an SEL of 89.6 dBA. The one-second broadband peak noise level was 108.3 dBC. The 1/3 octave broadband noise level peaked between 63 and 250 Hz with a maximum noise level of 90.7 dB at 100 Hz. Sound level monitoring equipment at Narrow Cape registered noise above general ambient levels for one minute fifty seconds with an SEL of 112.6 dBA. The one-second broadband peak noise level was 145.6 dBC. The 1/3 octave broadband noise level peaked between VerDate Nov<24>2008 15:04 Apr 16, 2010 Jkt 220001 63 and 400 Hz with a maximum noise level at 105.8 dB at 315 Hz. Video equipment was focused on the Steller sea lion haulout on the east side of Ugak Island because no seal lions were present at the traditional haulout on the gravel spit at Ugak. This haulout was occupied by 1–5 seal lions during the aerial surveys, and 0–3 sea lions during video monitoring. However, the camera battery was depleted about two hours before the launch so the immediate effects of the launch on Steller sea lions could not be determined. However, three sea lions were seen at the haulout during the aerial survey conducted within two hours after the launch, the same number recorded when the camera battery died; therefore, if any behavioral impacts did occur, they were short lived. Harbor seals were the most abundant marine mammal counted. Daily totals ranged from 610 seals on July 20, 2008 to 1,534 seals on July 21, 2008. The count of harbor seals before the launch (853 seals) was similar immediately post launch (840 seals). For the three days after launch, 744, 610, and 1,534 harbor seals, respectively, were sighted in the primary study area. Therefore, NMFS does not expect that the launch had a long term impact on harbor seals in the action area. FTG–05 Mission The second monitored launch of an Flight Test Ground-based Interceptor–05 (FTG–05) ballistic missile was conducted at KLC on December 5, 2008 at 11:04 a.m. ADT. Five monitoring surveys were scheduled between December 4–8, 2008; however, foul weather precluded flying from all but one day. No monitoring survey was completed pre-launch and only one survey was completed post-launch; however, one aerial survey was flown over part of the primary study area three days before the launch (December 2) prior to the designated monitoring surveys. Foul weather precluded helicopter access to Ugak Island, therefore no video equipment or sound monitoring device was deployed at this location. However, a sound level monitor was deployed on Narrow Cape. This noise monitoring device registered noise above general ambient levels for one minute forty one seconds with an SEL of 112.4 dBA. The one-second broadband peak noise level was 126.1 dBC. The 1/3 octave broadband noise level peaked between 63 and 400 Hz with a maximum noise level at 106.6 dB at 200 Hz. Steller sea lions did not use the spit on northern Ugak Island (the traditional haulout site) during the December 7 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 20345 survey; however, this has been the trend during the past few years. One sea lion was sighted during that day on the suprtidal rock on the eastern side of Ugak, the same location where they were sighted during the FTX–03 launch, as described above. During the December 7 survey, 971 harbor seals were sighted in the primary study area. All were sighted on Ugak Island with the largest single haulout located on the northeast side of the island with 444 seals. Because only one survey was completed and no video monitoring system was set up during the FTG–05 launch, the actual impacts to Steller sea lions and harbor seals can not be determined. However, AAC did collect video monitoring data of Steller sea lions during a FTG–02 launch in 2006. During that launch, two sea lions were present on Ugak Rock. The animals raised their heads in response to launch noise, which peaked at 105.6 dBC and had an SEL of 90.1dBA over one minute and eight seconds; however, they did not flush into the water. For comparative purposes, the Narrow Cape the peak noise level during this launch was 128 dBC with a SEL of 112.5dBA over one minute 23–seconds which is comparable to the December FTG–05 launch, as described above. Therefore, NMFS anticipates that reactions of Steller sea lions, if present, were likely similar to those recorded previously. In summary, NMFS concludes the impacts from the FTX–03 and FTG–05 flight were similar based on similar acoustic monitoring measurements from both launches. No mortality or injury was observed during the FTX–03 launch and likely did not occur during the FTG–05 launch. As described in reporting from the 2008 LOA, the applicant conducted activities as described in the rule, implemented mitigation measures as stipulated in the LOA, and conducted monitoring required under the LOA. Monitoring reports indicated that take of marine mammals did not exceed numbers or level authorized by the LOA and analyzed in the associated rule. During the period of the current LOA, the applicant has not conducted any launch activities, and none are scheduled prior to expiration of the current LOA. As such, the applicant has conformed to the stipulations of the LOA. Based on these actions, the findings of negligible impact, no unmitigable adverse impact, and take of only small numbers are still applicable. Authorization Accordingly, NMFS has issued an LOA to AAC authorizing takes of marine mammals incidental to rocket launches E:\FR\FM\19APN1.SGM 19APN1 20346 Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Notices at the KLC. Issuance of this LOA is based on findings, described in the preamble to the final rule (71 FR 4297, January 26, 2006) and supported by information contained in AAC’s required 2008 annual report (no launch activities took place in 2009), that the activities described under this LOA will result in the take of small numbers of marine mammals, have 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. Dated: April 12, 2010. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–8974 Filed 4–19–10; 8:45 am] BILLING CODE 3510–22–S Dated: April 13, 2010. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management. DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests Department of Education. SUMMARY: The Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 18, 2010. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency’s ability to perform its statutory obligations. The Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g. new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 AGENCY: VerDate Nov<24>2008 15:04 Apr 16, 2010 Jkt 220001 the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequency of collection; and (6) Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202–4537. Requests may also be electronically mailed to ICDocketMgr@ed.gov or faxed to 202–401–0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to ICDocketMgr@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339. [FR Doc. 2010–8809 Filed 4–16–10; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records Office of Planning, Evaluation and Policy Development AGENCY: Federal Student Aid, Department of Education. ACTION: Notice of an altered system of records. Type of Review: New. Title: Study of School Turnaround (Case Studies of Schools Receiving School Improvement Grant Funds). Frequency: Annually. Affected Public: State, Local, or Tribal Gov’t, SEAs or LEAs. Reporting and Recordkeeping Hour Burden: Responses: 1,267. Burden Hours: 4,206. Abstract: The study is designed to document over time the intervention models, approaches, and strategies adopted and implemented by a subset of schools receiving federal School Improvement Grant funds. Data collection includes interviews with state, local district and school officials, parents and students, collection of school-level fiscal data, and observations in 50 school sites receiving School Improvement Grants (SIGs) authorized under Title I, Section 1003(G). The data collected through the survey will inform the documentation, over time, of the intervention models, approaches and strategies adopted and implemented by a subset of schools receiving SIG funds. Requests for copies of the proposed information collection request may be accessed from http://edicsweb.ed.gov, by selecting the ‘‘Browse Pending Collections’’ link and by clicking on link number 4276. When you access the information collection, click on ‘‘Download Attachments’’ to view. Written requests for information should SUMMARY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), 5 United States Code (U.S.C.) 552a, the Chief Operating Officer for Federal Student Aid (FSA) of the U.S. Department of Education (the Department) publishes this notice proposing to revise the system of records entitled ‘‘Student Aid Internet Gateway (SAIG), Participation Management System’’ (18–11–10). The SAIG, Participation Management System is a system of records containing contact information that individuals affiliated with an authorized entity provide to request electronic access to the Department’s Title IV Federal Student Aid Systems. This notice updates the categories of individuals covered by this system to include individuals affiliated with secondary schools, local educational agencies (LEAs) and States who are authorized by the Department and their respective secondary school, LEA or State to access the Department’s Title IV Federal Student Aid Systems. This change to the SAIG, Participation Management System is needed to enable the Department to implement a program designed to improve access and promote enrollment in postsecondary education by facilitating students’ completion of the Free Application for Federal Student Aid (FAFSA). As part of this program (the FAFSA Completion program), the Department will authorize a small number of secondary schools and LEAs to enroll through the SAIG, PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Notices]
[Pages 20344-20346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8974]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XV64


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Rocket Launches from Kodiak, AK

AGENCY:  National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION:  Notice; Issuance of a Letter of Authorization.

-----------------------------------------------------------------------

SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA) 
and implementing regulations, notification is hereby given that a 
Letter of Authorization (LOA) has been issued to the Alaska Aerospace 
Corporation (AAC, formerly known as the Alaska Aerospace Development 
Corporation), to take Steller sea lions (Eumetopias jubatus) and 
Pacific harbor seals (Phoca vitulina richardsi) incidental to rocket 
launches from the Kodiak Launch Complex (KLC).

DATES: Effective April 15, 2010, through February 28, 2011.

ADDRESSES:  The LOA and supporting documentation 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 one of the contacts listed here (see 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, or Brad Smith, 
Alaska Regional Office, NMFS, (907) 271-3023.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the National Marine Fisheries Service (NMFS) to allow, on 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 regulations are issued. Under the MMPA, the term 
``taking'' means to harass, hunt, capture, or kill or to attempt to 
harass, hunt, capture or kill marine mammals.
    Authorization may be granted for periods up to five years if NMFS 
finds, after notification and opportunity for public comment, that the 
taking will have a negligible impact on the species or stock(s) of 
marine mammals and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for 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 must include requirements for monitoring and reporting of 
such taking.

[[Page 20345]]

    Regulations governing the taking of Steller sea lions and harbor 
seals, by harassment, incidental to rocket launches at KLC, became 
effective on February 27, 2006 (71 FR 4297), and remain in effect until 
February 28, 2011. For detailed information on this action, please 
refer to that document. These regulations include mitigation, 
monitoring, and reporting requirements for the incidental taking of 
marine mammals during rocket launches at KLC.

Summary of Request

    NMFS received a request for an LOA pursuant to the aforementioned 
regulations that would authorize, for a period not to exceed 1 year, 
take of marine mammals incidental to rocket launches at KLC.
    Summary of Activity and Monitoring Under the Current LOA
    No launch operations were conducted at KLC in 2009, and none were 
predicted or scheduled prior to expiration of the current LOA. As such, 
the most recent reports concerning activity and monitoring at KLC were 
submitted in compliance with the 2008 LOA. A summary of those reports 
(R&M Consultants, 2008) follows.

FTX-03 Mission

    Two launches were conducted at KLC between March 12, 2008, and 
March 11, 2009. The first was a monitored launch of a Flight Test 
Experimental-03 (FTX-03) long range ballistic missile on July 18, 2008 
at 1:47:00 a.m. ADT. Aerial surveys to document marine mammals in the 
primary survey area (6-mile radius of the KLC launch pads) were flown 
using single-engine fixed-wing aircraft 1 day prior to (July 17), the 
day of (July 18), and 3 days (July 19-21) post launch. On July 17, 
2008, video equipment and a noise monitor were deployed on the 
northeast side of Ugak Island, 4.2 miles (6.8 km) from the launch site, 
and another noise monitor was deployed on Narrow Cape , 0.9 miles (1.4 
km) from the launch site. Sound level monitoring equipment at Ugak 
Island registered noise above general ambient levels for one minute 
thirty three seconds with an SEL of 89.6 dBA. The one-second broadband 
peak noise level was 108.3 dBC. The 1/3 octave broadband noise level 
peaked between 63 and 250 Hz with a maximum noise level of 90.7 dB at 
100 Hz. Sound level monitoring equipment at Narrow Cape registered 
noise above general ambient levels for one minute fifty seconds with an 
SEL of 112.6 dBA. The one-second broadband peak noise level was 145.6 
dBC. The 1/3 octave broadband noise level peaked between 63 and 400 Hz 
with a maximum noise level at 105.8 dB at 315 Hz.
    Video equipment was focused on the Steller sea lion haulout on the 
east side of Ugak Island because no seal lions were present at the 
traditional haulout on the gravel spit at Ugak. This haulout was 
occupied by 1-5 seal lions during the aerial surveys, and 0-3 sea lions 
during video monitoring. However, the camera battery was depleted about 
two hours before the launch so the immediate effects of the launch on 
Steller sea lions could not be determined. However, three sea lions 
were seen at the haulout during the aerial survey conducted within two 
hours after the launch, the same number recorded when the camera 
battery died; therefore, if any behavioral impacts did occur, they were 
short lived.
    Harbor seals were the most abundant marine mammal counted. Daily 
totals ranged from 610 seals on July 20, 2008 to 1,534 seals on July 
21, 2008. The count of harbor seals before the launch (853 seals) was 
similar immediately post launch (840 seals). For the three days after 
launch, 744, 610, and 1,534 harbor seals, respectively, were sighted in 
the primary study area. Therefore, NMFS does not expect that the launch 
had a long term impact on harbor seals in the action area.

FTG-05 Mission

    The second monitored launch of an Flight Test Ground-based 
Interceptor-05 (FTG-05) ballistic missile was conducted at KLC on 
December 5, 2008 at 11:04 a.m. ADT. Five monitoring surveys were 
scheduled between December 4-8, 2008; however, foul weather precluded 
flying from all but one day. No monitoring survey was completed pre-
launch and only one survey was completed post-launch; however, one 
aerial survey was flown over part of the primary study area three days 
before the launch (December 2) prior to the designated monitoring 
surveys. Foul weather precluded helicopter access to Ugak Island, 
therefore no video equipment or sound monitoring device was deployed at 
this location. However, a sound level monitor was deployed on Narrow 
Cape. This noise monitoring device registered noise above general 
ambient levels for one minute forty one seconds with an SEL of 112.4 
dBA. The one-second broadband peak noise level was 126.1 dBC. The 1/3 
octave broadband noise level peaked between 63 and 400 Hz with a 
maximum noise level at 106.6 dB at 200 Hz.
    Steller sea lions did not use the spit on northern Ugak Island (the 
traditional haulout site) during the December 7 survey; however, this 
has been the trend during the past few years. One sea lion was sighted 
during that day on the suprtidal rock on the eastern side of Ugak, the 
same location where they were sighted during the FTX-03 launch, as 
described above.
    During the December 7 survey, 971 harbor seals were sighted in the 
primary study area. All were sighted on Ugak Island with the largest 
single haulout located on the northeast side of the island with 444 
seals. Because only one survey was completed and no video monitoring 
system was set up during the FTG-05 launch, the actual impacts to 
Steller sea lions and harbor seals can not be determined. However, AAC 
did collect video monitoring data of Steller sea lions during a FTG-02 
launch in 2006. During that launch, two sea lions were present on Ugak 
Rock. The animals raised their heads in response to launch noise, which 
peaked at 105.6 dBC and had an SEL of 90.1dBA over one minute and eight 
seconds; however, they did not flush into the water. For comparative 
purposes, the Narrow Cape the peak noise level during this launch was 
128 dBC with a SEL of 112.5dBA over one minute 23-seconds which is 
comparable to the December FTG-05 launch, as described above. 
Therefore, NMFS anticipates that reactions of Steller sea lions, if 
present, were likely similar to those recorded previously.
    In summary, NMFS concludes the impacts from the FTX-03 and FTG-05 
flight were similar based on similar acoustic monitoring measurements 
from both launches. No mortality or injury was observed during the FTX-
03 launch and likely did not occur during the FTG-05 launch. As 
described in reporting from the 2008 LOA, the applicant conducted 
activities as described in the rule, implemented mitigation measures as 
stipulated in the LOA, and conducted monitoring required under the LOA. 
Monitoring reports indicated that take of marine mammals did not exceed 
numbers or level authorized by the LOA and analyzed in the associated 
rule. During the period of the current LOA, the applicant has not 
conducted any launch activities, and none are scheduled prior to 
expiration of the current LOA. As such, the applicant has conformed to 
the stipulations of the LOA. Based on these actions, the findings of 
negligible impact, no unmitigable adverse impact, and take of only 
small numbers are still applicable.

Authorization

    Accordingly, NMFS has issued an LOA to AAC authorizing takes of 
marine mammals incidental to rocket launches

[[Page 20346]]

at the KLC. Issuance of this LOA is based on findings, described in the 
preamble to the final rule (71 FR 4297, January 26, 2006) and supported 
by information contained in AAC's required 2008 annual report (no 
launch activities took place in 2009), that the activities described 
under this LOA will result in the take of small numbers of marine 
mammals, have 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.

    Dated: April 12, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-8974 Filed 4-19-10; 8:45 am]
BILLING CODE 3510-22-S