Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle and Missile Launch Operations at Kodiak Launch Complex, Alaska, 38991-38992 [2010-16493]

Download as PDF Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification to Importers This notice serves as a 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 Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). ACTION: Notice; receipt of application for regulations and subsequent letters of authorization; request for comments and information. SUMMARY: NMFS has received an application from the Alaska Aerospace Corporation (AAC) for authorization to take marine mammals incidental to launching space launch vehicles, long range ballistic target missiles, and other smaller missile systems at Kodiak Launch Complex (KLC) for the period of February 2011 through February 2016. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the AAC’s request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the AAC’s application and request. DATES: Comments and information must be received no later than August 6, 2010 ADDRESSES: Comments on the application should be addressed 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. The mailbox address for providing email comments is PR1.0648– AY99 @noaa.gov. Comments sent via email, including all attachments, must not exceed a 10–megabyte file size. FOR FURTHER INFORMATION CONTACT: Jaclyn Daly or Michelle Magliocca, Office of Protected Resources, NMFS, (301) 713–2289. SUPPLEMENTARY INFORMATION: 38991 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 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.’’ The National Defense Authorization Act (NDAA; Pub. L. 108 136) removed the ‘‘small numbers’’ and ‘‘specified geographical region’’ limitations and amended the definition of ‘‘harassment’’ as it applies to a ‘‘military readiness activity’’ to read as follows (Section 3(18)(B) of the MMPA): (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]. DEPARTMENT OF COMMERCE Background Summary of Request On June 4, 2010, NMFS received a complete application from the AAC requesting authorization for the take of Steller sea lions (Eumetopias jubatus) and harbor seals (Phoca vitulina), incidental to space vehicle and missile launch activities from KLC for a period of 5 years. These launches are designed to support the U.S. Department of Defense training and operations and hence are considered military readiness activities. Marine mammals, specifically pinnipeds on nearby haulouts, may be exposed to launch noise. AAC is requesting the take, by harassment, of juvenile and adult Steller sea lions and all age class of harbor seals. National Oceanic and Atmospheric Administration 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 Specified Activities AAC is proposing to launch small to medium space launch vehicles ranging in size from the small Castor 120 and the related Peacekeeper derived Minotaur IV and V vehicles to the medium lift Taurus II (currently under development) from the KLC. KLC can also support launch of the Minuteman II and III derived Minotaur I (a space launch vehicle) through III (which are primarily used as ballistic targets). Additional target missiles include the C–4 Trident, Quick Reaction Launch Dated: June 29, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. A copy of the AAC’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. [FR Doc. 2010–16504 Filed 7–6–10; 8:45 am] BILLING CODE 3510–DS–P cprice-sewell on DSK8KYBLC1PROD with NOTICES RIN 0648–AY99 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle and Missile Launch Operations at Kodiak Launch Complex, Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. VerDate Mar<15>2010 15:28 Jul 06, 2010 Jkt 220001 Availability PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1 38992 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices Vehicles, and tactical missiles such as the Patriot and Theater High Altitude Area Defense (THAAD). A number of smaller target and interceptor missile systems may also be flown from KLC. The AAC anticipates ability to accommodate nine launches per year. Marine mammals, specifically pinnipeds hauled out on Ugak Rock, which lies immediately south of Narrow Cape, would be subjected to rocket launch noise. Sound monitoring previously conducted on Ugak Rock demonstrates that noise levels could reach up to 101.4 dBA for the loudest vehicle, the Castor 120. AAC is requesting the take of 10 Steller sea lions per launch and the take of 125 harbor seals per launch. Information Solicited Interested persons may submit information, suggestions, and comments concerning the AAC’s request (see ADDRESSES). All information, suggestions, and comments related to the AAC’s request and NMFS’ potential development and implementation of regulations governing the incidental taking of marine mammals by the AAC near the KLC will be considered by NMFS in developing, if appropriate, regulations governing the issuance of letters of authorization. Dated: June 29, 2010. Helen M. Golde, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–16493 Filed 7–6–10; 8:45 am] BILLING CODE 3510–22–S (escorts will be provided from Pentagon Conference Center entrance). FOR FURTHER INFORMATION CONTACT: Mr. Matt Wiest, Office of the Deputy Under Secretary (Military Community & Family Policy), 4000 Defense Pentagon, Room 2E319, Washington, DC 20301– 4000. Telephone (571) 256–1738 and/or e-mail: FamilyReadinessCouncil@osd.mil. SUPPLEMENTARY INFORMATION: The meeting is open to the public, subject to the availability of space. Persons desiring to attend may contact Mr. Matt Wiest at 571–256–1738 or e-mail FamilyReadinessCouncil@osd.mil no later than 5 pm on Monday, August 2, 2010, to arrange for parking and escort into the conference room inside the Pentagon. Interested persons may submit a written statement for consideration by the Council. Persons desiring to submit a written statement to the Council must notify the point of contact listed below no later than 5 p.m., Monday, August 2, 2010. Meeting Agenda Thursday, August 5, 2010 (2 p.m.–4 p.m.) Welcome & Administrative Remarks. Review and Comment on Council DoD Report on Plans for Support of Military Family Readiness. Follow-up on Council’s FY 2009 Recommendations. Discussion of Assessment Process. Discuss Defense Planning and Programming Guidance. Intentions for the Fall 2010 Meeting. Closing Remarks. Note: Exact order may vary. DEPARTMENT OF DEFENSE Office of the Secretary Meeting of the Department of Defense Military Family Readiness Council (MFRC) Office of the Under Secretary of Defense for Personnel and Readiness. ACTION: Notice. AGENCY: Pursuant to section 10(a), Public Law 92–463, as amended, notice is hereby given of a forthcoming meeting of the Department of Defense Military Family Readiness Council (MFRC). The purpose of the Council meeting is to review the Council’s Charter, review the status of warrior care, and address selected concerns of military family organizations. DATES: The meeting will be held on August 5, 2010, from 2 to 4 p.m. ADDRESSES: The meeting will be held at the Pentagon Conference Center B1 cprice-sewell on DSK8KYBLC1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:28 Jul 06, 2010 Jkt 220001 Dated: July 1, 2010. Mitchell S. Bryman, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2010–16530 Filed 7–6–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request Department of Education. The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995 (Pub. L. 104–13). DATES: Interested persons are invited to submit comments on or before August 6, 2010. AGENCY: SUMMARY: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503, be faxed to (202) 395–5806 or e-mailed to oira_submission@omb.eop.gov with a cc: to ICDocketMgr@ed.gov. 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. The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Dated: July 1, 2010. Darrin A. King, Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management. Institute of Education Sciences Type of Review: Reinstatement. Title of Collection: Education Longitudinal Study (ELS) 2002 Third Follow-up 2011 Field Test Batch Tracing. OMB Number: 1850–0652. Agency Form Number(s): N/A. Frequency of Responses: Annually. Affected Public: Individuals or household. Estimated Number of Annual Responses: 6,692. Estimated Annual Burden Hours: 558. Abstract: The Education Longitudinal Study of 2002 (ELS:2002) is a nationally representative longitudinal study of two high school grade cohorts (spring 2002 tenth-graders and spring 2004 twelfthgraders) comprising over 16,000 sample E:\FR\FM\07JYN1.SGM 07JYN1

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[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38991-38992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16493]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AY99


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Space Vehicle and Missile Launch Operations at Kodiak 
Launch Complex, Alaska

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice; receipt of application for regulations and subsequent 
letters of authorization; request for comments and information.

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

SUMMARY:  NMFS has received an application from the Alaska Aerospace 
Corporation (AAC) for authorization to take marine mammals incidental 
to launching space launch vehicles, long range ballistic target 
missiles, and other smaller missile systems at Kodiak Launch Complex 
(KLC) for the period of February 2011 through February 2016. Pursuant 
to the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt 
of the AAC's request for the development and implementation of 
regulations governing the incidental taking of marine mammals and 
inviting information, suggestions, and comments on the AAC's 
application and request.

DATES:  Comments and information must be received no later than August 
6, 2010

ADDRESSES: Comments on the application should be addressed to P. 
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. The mailbox address 
for providing email comments is PR1.0648-AY99 @noaa.gov. Comments sent 
via e-mail, including all attachments, must not exceed a 10-megabyte 
file size.

FOR FURTHER INFORMATION CONTACT: Jaclyn Daly or Michelle Magliocca, 
Office of Protected Resources, NMFS, (301) 713-2289.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of the AAC'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.

Background

    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 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 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.''
    The National Defense Authorization Act (NDAA; Pub. L. 108 136) 
removed the ``small numbers'' and ``specified geographical region'' 
limitations and amended the definition of ``harassment'' as it applies 
to a ``military readiness activity'' to read as follows (Section 
3(18)(B) of the MMPA):
    (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].

Summary of Request

    On June 4, 2010, NMFS received a complete application from the AAC 
requesting authorization for the take of Steller sea lions (Eumetopias 
jubatus) and harbor seals (Phoca vitulina), incidental to space vehicle 
and missile launch activities from KLC for a period of 5 years. These 
launches are designed to support the U.S. Department of Defense 
training and operations and hence are considered military readiness 
activities. Marine mammals, specifically pinnipeds on nearby haulouts, 
may be exposed to launch noise. AAC is requesting the take, by 
harassment, of juvenile and adult Steller sea lions and all age class 
of harbor seals.

Specified Activities

    AAC is proposing to launch small to medium space launch vehicles 
ranging in size from the small Castor 120 and the related Peacekeeper 
derived Minotaur IV and V vehicles to the medium lift Taurus II 
(currently under development) from the KLC. KLC can also support launch 
of the Minuteman II and III derived Minotaur I (a space launch vehicle) 
through III (which are primarily used as ballistic targets). Additional 
target missiles include the C-4 Trident, Quick Reaction Launch

[[Page 38992]]

Vehicles, and tactical missiles such as the Patriot and Theater High 
Altitude Area Defense (THAAD). A number of smaller target and 
interceptor missile systems may also be flown from KLC. The AAC 
anticipates ability to accommodate nine launches per year.
    Marine mammals, specifically pinnipeds hauled out on Ugak Rock, 
which lies immediately south of Narrow Cape, would be subjected to 
rocket launch noise. Sound monitoring previously conducted on Ugak Rock 
demonstrates that noise levels could reach up to 101.4 dBA for the 
loudest vehicle, the Castor 120. AAC is requesting the take of 10 
Steller sea lions per launch and the take of 125 harbor seals per 
launch.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the AAC's request (see ADDRESSES). All information, 
suggestions, and comments related to the AAC's request and NMFS' 
potential development and implementation of regulations governing the 
incidental taking of marine mammals by the AAC near the KLC will be 
considered by NMFS in developing, if appropriate, regulations governing 
the issuance of letters of authorization.

    Dated: June 29, 2010.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2010-16493 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-22-S