Takes of Marine Mammals Incidental to Specified Activities; U.S. Air Force Launches, Aircraft and Helicopter Operations, and Harbor Activities Related to Launch Vehicles From Vandenberg Air Force Base (VAFB), California, 49729-49730 [2013-19840]

Download as PDF Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Notices 8026 extension 201; email Elizabeth.Stokes@noaa.gov; or download application from https:// stellwagen.noaa.gov/. For further information on a particular national marine sanctuary advisory council, please contact the individual identified in the Addresses section of this notice. SUPPLEMENTARY INFORMATION: ONMS serves as the trustee for 14 marine protected areas encompassing more than 170,000 square miles of ocean and Great Lakes waters from the Hawaiian Islands to the Florida Key, and from Lake Huron to American Samoa. National marine sanctuaries protect our Nation’s most vital coastal and marine natural and cultural resources, and through active research, management, and public engagement, sustains healthy environments that are the foundation for thriving communities and stable economies. One of the many ways ONMS ensures public participation in the designation and management of national marine sanctuaries is through the formation of advisory councils. National marine sanctuary advisory councils are community-based advisory groups established to provide advice and recommendations to the superintendents of the national marine sanctuaries and the ¯ ¯ Papahanaumokuakea Marine National Monument on issues including management, science, service, and stewardship; and to serve as liaisons between their constituents in the community and the sanctuary. Additional information on ONMS and its 14 advisory councils can be found at https://sanctuaries.noaa.gov. Information related to the purpose, policies and operational requirements for advisory councils can be found in the charter for a particular advisory council (https:// sanctuaries.noaa.gov/management/ac/ council_charters.html) and the National Marine Sanctuary Advisory Council Implementation Handbook (https:// www.sanctuaries.noaa.gov/ management/ac/acref.html). The following is a list of the vacant seats, including positions (i.e., primary member or alternate), for each of the national marine sanctuary advisory councils currently seeking applications for primary members and alternates: Cordell Bank National Marine Sanctuary Advisory Council: Fishing (primary member); Fishing (alternate); and Education (alternate). Florida Keys National Marine Sanctuary Advisory Council: Boating Industry (primary member); Citizen at Large—Upper Keys (primary member); emcdonald on DSK67QTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Mar<15>2010 17:43 Aug 14, 2013 Jkt 229001 Citizen at Large—Upper Keys (alternate); Diving—Upper Keys (primary member); Diving—Upper Keys (alternate); Fishing—Charter Sports Fishing (primary member); Fishing— Charter Sports Fishing (alternate); Fishing—Recreational (primary member); Fishing—Recreational (alternate); Research and Monitoring (primary member); Research and Monitoring (alternate); Tourism—Lower Keys (primary member); and Tourism— Lower Keys (alternate). Gulf of the Farallones National Marine Sanctuary Advisory Council: Education (primary member); and Education (alternate). Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council: Commercial Shipping (primary member); Commercial Shipping (alternate); Whale Watching (primary member); Whale Watching (alternate); Ocean Recreation (primary member); Ocean Recreation (alternate); Business/ Commerce (primary member); Business/ Commerce (alternate); Citizen-at-Large (primary member); Citizen-at-Large (alternate); Conservation (primary member); Conservation (alternate); Tourism (primary member); Tourism ¯ (alternate); Lana‘i Island (primary ¯ member); Lana‘i Island (alternate); Moloka‘i Island (primary member); Moloka‘i Island (alternate); Youth (primary member); Youth (alternate); Native Hawaiian (alternate); Research (alternate); Honolulu County (alternate); and Hawai’i County (alternate). Monitor National Marine Sanctuary Advisory Council: Recreational Diving (primary member); Heritage Tourism (primary member); and Citizen-At-Large (primary member). National Marine Sanctuary of American Samoa Advisory Council: Community-At-Large: Tutuila East Area (primary member); Community-AtLarge: Manu’a Area (primary member); Education (primary member); Commercial Fishing (primary member); and Ocean Recreation/Ocean-Centered Eco-Tourim (primary member). Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Advisory Council: Native Hawaiian, Elder (alternate); and Native Hawaiian (alternate). Olympic Coast National Marine Sanctuary Advisory Council: Conservation (primary member); and Tourism/Economic Development (primary member). Stellwagen Bank National Marine Sanctuary Advisory Council: Research (2 primary members); Conservation (primary member); Education (alternate); Marine Transportation (primary member); Marine PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 49729 Transportation (alternate); Recreational Fishing (primary member); Recreational Fishing (alternate); Mobile Gear Commercial Fishing (primary member); Business Industry (alternate); At Large (primary member); At Large (alternate); Youth (primary member); and Youth (alternate). Authority: 16 U.S.C. 1431, et seq. (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) Dated: July 23, 2013. Daniel J. Basta, Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2013–19744 Filed 8–14–13; 8:45 am] BILLING CODE 3510–NK–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC781 Takes of Marine Mammals Incidental to Specified Activities; U.S. Air Force Launches, Aircraft and Helicopter Operations, and Harbor Activities Related to Launch Vehicles From Vandenberg Air Force Base (VAFB), California 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. AGENCY: NMFS has received a request from the U.S. Air Force (USAF) for authorization to take marine mammals incidental to launching space launch vehicles, intercontinental ballistic and small missiles, aircraft and helicopter operations, and harbor activities related to the Delta IV/Evolved Expendable Launch Vehicle (EELV) at VAFB, CA, from February 2014 through February 2019. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the USAF’s request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the USAF’s application and request. DATES: Comments and information must be received no later than September 16, 2013. ADDRESSES: Comments on the application should be addressed to Michael Payne, Chief, Permits and SUMMARY: E:\FR\FM\15AUN1.SGM 15AUN1 49730 Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Notices Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The mailbox address for providing email comments is ITP.Nachman@noaa.gov. NMFS is not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 25-megabyte file size. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.nmfs.noaa.gov/pr/permits/ incidental.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. A copy of the USAF’s application may be obtained by visiting the internet at: https://www.nmfs.noaa.gov/pr/permits/ incidental.htm. Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: emcdonald on DSK67QTVN1PROD with NOTICES 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 United States citizens who engage in a specified activity (other than commercial fishing) within a specific 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.’’ VerDate Mar<15>2010 17:43 Aug 14, 2013 Jkt 229001 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 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 24, 2013, NMFS received an application from the USAF requesting a letter of authorization (LOA) for the take of five species of pinnipeds incidental to USAF launch, aircraft, and helicopter operations from VAFB launch complexes and Delta Mariner operations, cargo unloading activities, and harbor maintenance dredging in support of the Delta IV/EELV launch activity on south VAFB. The USAF is requesting a 5-year LOA for these activities. These activities are classified as military readiness activities. The USAF states that these activities may result in take of marine mammals from noise or visual disturbance from rocket and missile launches, as well as from the use of heavy equipment during the Delta Mariner off-loading operations, cargo movement activities, increased presence of personnel, and harbor maintenance dredging. The USAF requests to take five pinniped species by Level B harassment. Description of the Specified Activity There are currently six active space launch vehicle facilities at VAFB used to launch satellites into polar orbit. These facilities support launch programs for the Atlas V, Delta II, Delta IV, Falcon 9, Minotaur, and Taurus. There are also a variety of small missiles launched from various facilities on North VAFB, including the Minuteman III and several types of interceptor and target vehicles for the Missile Defense Agency. The VAFB airfield, located on north VAFB, supports various aircraft operations. A full description of the activities to be conducted by the USAF at VAFB, including descriptions of the different space vehicles and missiles, are described in the USAF’s application. Additionally, United Launch Alliance, on behalf of the USAF, proposes to conduct Delta IV/EELV activities (transport vessel operations, harbor maintenance dredging, and cargo movement activities). These activities PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 are described in Appendix A of the USAF’s application. Information Solicited Interested persons may submit information, suggestions, and comments concerning the USAF’s request (see ADDRESSES). All input related to the USAF’s request and NMFS’ role in governing the incidental taking of marine mammals will be considered by NMFS when developing, if appropriate, the most effective regulations governing the issuance of an LOA. Dated: August 9, 2013. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2013–19840 Filed 8–14–13; 8:45 am] BILLING CODE 3510–22–P CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC–2010–0041] Collection of Information; Proposed Extension of Approval; Comment Request—Publicly Available Consumer Product Safety Information Database Consumer Product Safety Commission. ACTION: Notice. AGENCY: As required by the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (CPSC or Commission) requests comments on a proposed extension of approval of a collection of information for the Publicly Available Consumer Product Safety Information Database. The Commission will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from the Office of Management and Budget (OMB). DATES: The Office of the Secretary must receive comments not later than October 15, 2013. ADDRESSES: You may submit comments, identified by Docket No. CPSC–2010– 0041, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: https:// www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. SUMMARY: E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 78, Number 158 (Thursday, August 15, 2013)]
[Notices]
[Pages 49729-49730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19840]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC781


Takes of Marine Mammals Incidental to Specified Activities; U.S. 
Air Force Launches, Aircraft and Helicopter Operations, and Harbor 
Activities Related to Launch Vehicles From Vandenberg Air Force Base 
(VAFB), California

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. Air Force (USAF) for 
authorization to take marine mammals incidental to launching space 
launch vehicles, intercontinental ballistic and small missiles, 
aircraft and helicopter operations, and harbor activities related to 
the Delta IV/Evolved Expendable Launch Vehicle (EELV) at VAFB, CA, from 
February 2014 through February 2019. Pursuant to the Marine Mammal 
Protection Act (MMPA), NMFS is announcing our receipt of the USAF's 
request for the development and implementation of regulations governing 
the incidental taking of marine mammals and inviting information, 
suggestions, and comments on the USAF's application and request.

DATES: Comments and information must be received no later than 
September 16, 2013.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, Chief, Permits and

[[Page 49730]]

Conservation Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The 
mailbox address for providing email comments is ITP.Nachman@noaa.gov. 
NMFS is not responsible for email comments sent to addresses other than 
the one provided here. Comments sent via email, including all 
attachments, must not exceed a 25-megabyte file size.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    A copy of the USAF's application may be obtained by visiting the 
internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. 
Documents cited in this notice may also be viewed, by appointment, 
during regular business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 427-8401.

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 United States citizens who engage in a specified activity 
(other than commercial fishing) within a specific 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.''
    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 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 24, 2013, NMFS received an application from the USAF 
requesting a letter of authorization (LOA) for the take of five species 
of pinnipeds incidental to USAF launch, aircraft, and helicopter 
operations from VAFB launch complexes and Delta Mariner operations, 
cargo unloading activities, and harbor maintenance dredging in support 
of the Delta IV/EELV launch activity on south VAFB. The USAF is 
requesting a 5-year LOA for these activities. These activities are 
classified as military readiness activities. The USAF states that these 
activities may result in take of marine mammals from noise or visual 
disturbance from rocket and missile launches, as well as from the use 
of heavy equipment during the Delta Mariner off-loading operations, 
cargo movement activities, increased presence of personnel, and harbor 
maintenance dredging. The USAF requests to take five pinniped species 
by Level B harassment.

Description of the Specified Activity

    There are currently six active space launch vehicle facilities at 
VAFB used to launch satellites into polar orbit. These facilities 
support launch programs for the Atlas V, Delta II, Delta IV, Falcon 9, 
Minotaur, and Taurus. There are also a variety of small missiles 
launched from various facilities on North VAFB, including the Minuteman 
III and several types of interceptor and target vehicles for the 
Missile Defense Agency. The VAFB airfield, located on north VAFB, 
supports various aircraft operations. A full description of the 
activities to be conducted by the USAF at VAFB, including descriptions 
of the different space vehicles and missiles, are described in the 
USAF's application. Additionally, United Launch Alliance, on behalf of 
the USAF, proposes to conduct Delta IV/EELV activities (transport 
vessel operations, harbor maintenance dredging, and cargo movement 
activities). These activities are described in Appendix A of the USAF's 
application.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the USAF's request (see ADDRESSES). All input 
related to the USAF's request and NMFS' role in governing the 
incidental taking of marine mammals will be considered by NMFS when 
developing, if appropriate, the most effective regulations governing 
the issuance of an LOA.

    Dated: August 9, 2013.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2013-19840 Filed 8-14-13; 8:45 am]
BILLING CODE 3510-22-P
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