81 FR 66264 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle Launch Operations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 187 (September 27, 2016)

Page Range		66264-66265
FR Document		2016-23257

NMFS has received a request from the Alaska Aerospace Corporation (AAC) for authorization to take marine mammals incidental to conducting space vehicle launch operations over the course of five years, from February 1, 2017 through January 31, 2022. Pursuant to regulations implementing 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.

Federal Register, Volume 81 Issue 187 (Tuesday, September 27, 2016)

[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66264-66265]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-23257]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[0648-XE710]

Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Space Vehicle Launch Operations

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

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

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

SUMMARY: NMFS has received a request from the Alaska Aerospace
Corporation (AAC) for authorization to take marine mammals incidental
to conducting space vehicle launch operations over the course of five
years, from February 1, 2017 through January 31, 2022. Pursuant to
regulations implementing 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 October
27, 2016.

ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. 1315 East-West Highway,
Silver Spring, MD 20910-3225 and electronic comments should be sent
ITP.Egger@noaa.gov.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments sent via email, including all
attachments, must not exceed a 25-megabyte file size. Attachments to
electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/research.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.

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

SUPPLEMENTARY INFORMATION:

Availability

An electronic copy of the AAC's application may be obtained online
at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of
problems accessing the document, please call the contact listed above.

Background

Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce to allow, upon request, the incidental, but
not intentional, taking of small numbers of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing), if certain findings are made and regulations are issued.
Incidental taking shall be allowed if NMFS finds that the taking
will have a negligible impact on the species or stock(s) affected and
will not have an unmitigable adverse impact on the availability of the
species or stock(s) for taking for subsistence uses, and if 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

[[Page 66265]]

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.''
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).

Summary of Request

On September 14, 2016, NMFS received an adequate and complete
application from the AAC requesting authorization for the take of
marine mammals incidental to space vehicle and missile launch
activities from the Pacific Spaceport Complex Alaska (PSCA) for a
period of five years. Space vehicle and missile launch activities have
the potential to result in take of pinnipeds on nearby haul outs.
Therefore, AAC requests authorization to take marine mammals that may
occur in these areas, including Steller sea lions (Eumatopias jubatus)
and harbor seals (Phoca vitulina richardii).

Specified Activities

AAC is proposing to launch small to medium space launch vehicles
from the PSCA. PSCA may also launch a number of smaller missile
systems, such as tactical or target vehicles. AAC anticipates the
ability to accommodate nine launches per year.

Information Solicited

Interested persons may submit information, suggestions, and
comments concerning AAC's request (see ADDRESSES). Comments should be
supported by data or literature citations as appropriate. We will
consider all relevant information, suggestions, and comments related to
the request during the development of proposed regulations governing
the incidental taking of marine mammals by AAC, if appropriate.

Dated: September 20, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-23257 Filed 9-26-16; 8:45 am]
BILLING CODE 3510-22-P

66264 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices

or other failures related to hardware, are final and binding in all matters DATES: Comments and information must
software or virus, or incomplete or late related to the FIA Challenge. be received no later than October 27,
Entries. Any compromise to the fair and Potential winner(s) must continue to 2016.
proper conduct of the FIA Challenge comply with all terms and conditions of ADDRESSES: Comments on the
may result in the disqualification of an the FIA Challenge Rules described in application should be addressed to Jolie
Entry or Participant, termination of the this notice, and winning is contingent Harrison, Chief, Permits and
FIA Challenge, or other remedial action, upon fulfilling all requirements. In the Conservation Division, Office of
at the sole discretion of NIST. NIST event that a potential winner, or an Protected Resources, National Marine
reserves the right in its sole discretion announced winner, is found to be Fisheries Service. 1315 East-West
to extend or modify the dates of the FIA ineligible or is disqualified for any Highway, Silver Spring, MD 20910–
Challenge, and to change the terms set reason, NIST may make an award, 3225 and electronic comments should
forth herein governing any phases instead, to another Participant. be sent ITP.Egger@noaa.gov.
taking place after the effective date of Instructions: NMFS is not responsible
any such change. By entering, you agree Privacy and Disclosure Under FOIA
for comments sent by any other method,
to the terms set forth herein and to all to any other address or individual, or
Except as provided herein,
decisions of NIST and/or all of their received after the end of the comment
information submitted throughout the
respective agents, which are final and period. Comments sent via email,
FIA Challenge will be used only to
binding in all respects. including all attachments, must not
NIST is not responsible for: (1) Any communicate with Participants
regarding Entries and/or the FIA exceed a 25-megabyte file size.
incorrect or inaccurate information,
Challenge. Participant Entries and Attachments to electronic comments
whether caused by a Participant,
submissions to the FIA Challenge may will be accepted in Microsoft Word or
printing errors, or by any of the
be subject to disclosure under the Excel or Adobe PDF file formats only.
equipment or programming associated
Freedom of Information Act (‘‘FOIA’’). All comments received are a part of the
with or used in the FIA Challenge; (2)
Authority: 15 U.S.C. 3719. public record and will generally be
unauthorized human intervention in
posted to http://www.nmfs.noaa.gov/pr/
any part of the Entry Process for the FIA Phillip Singerman, permits/research.htm without change.
Challenge; (3) technical or human error
Associate Director for Innovations and All personal identifying information (for
that may occur in the administration of Industry Services. example, name, address, etc.)
the FIA Challenge or the processing of
[FR Doc. 2016–23239 Filed 9–26–16; 8:45 am] voluntarily submitted by the commenter
Entries; or (4) any injury or damage to
BILLING CODE 3510–13–P may be publicly accessible. Do not
persons or property that may be caused,
submit confidential business
directly or indirectly, in whole or in
information or otherwise sensitive or
part, from a Participant’s participation DEPARTMENT OF COMMERCE protected information.
in the FIA Challenge or receipt or use
or misuse of an Award. If for any reason FOR FURTHER INFORMATION CONTACT:
National Oceanic and Atmospheric Stephanie Egger, Office of Protected
an Entry is confirmed to have been Administration
deleted erroneously, lost, or otherwise Resources, NMFS, (301) 427–8401.
destroyed or corrupted, the Participant’s SUPPLEMENTARY INFORMATION:
[0648–XE710]
sole remedy is to submit another Entry Availability
in the FIA Challenge. Taking and Importing Marine An electronic copy of the AAC’s
Termination and Disqualification Mammals; Taking Marine Mammals application may be obtained online at:
Incidental to Space Vehicle Launch www.nmfs.noaa.gov/pr/permits/
NIST reserves the authority to cancel,
Operations incidental/research.htm. In case of
suspend, and/or modify the FIA
Challenge, or any part of it, if any fraud, AGENCY: National Marine Fisheries problems accessing the document,
technical failures, or any other factor Service (NMFS), National Oceanic and please call the contact listed above.
beyond NIST’s reasonable control Atmospheric Administration (NOAA), Background
impairs the integrity or proper Commerce.
functioning of the FIA Challenge, as Section 101(a)(5)(A) of the MMPA (16
determined by NIST in its sole ACTION: Notice; receipt of application for U.S.C. 1361 et seq.) directs the Secretary
discretion. letters of authorization; request for of Commerce to allow, upon request, the
NIST reserves the right to disqualify comments and information. incidental, but not intentional, taking of
any Participant or Participant team it small numbers of marine mammals by
believes to be tampering with the Entry SUMMARY: NMFS has received a request U.S. citizens who engage in a specified
process or the operation of the FIA from the Alaska Aerospace Corporation activity (other than commercial fishing),
Challenge or to be acting in violation of (AAC) for authorization to take marine if certain findings are made and
any applicable rule or condition. mammals incidental to conducting regulations are issued.
Any attempt by any person to space vehicle launch operations over Incidental taking shall be allowed if
undermine the legitimate operation of the course of five years, from February NMFS finds that the taking will have a
the FIA Challenge may be a violation of 1, 2017 through January 31, 2022. negligible impact on the species or
Pursuant to regulations implementing stock(s) affected and will not have an
asabaliauskas on DSK3SPTVN1PROD with NOTICES

criminal and civil law, and, should such
an attempt be made, NIST reserves the the Marine Mammal Protection Act unmitigable adverse impact on the
authority to seek damages from any (MMPA), NMFS is announcing receipt availability of the species or stock(s) for
such person to the fullest extent of the AAC’s request for the taking for subsistence uses, and if the
permitted by law. development and implementation of permissible methods of taking and
regulations governing the incidental requirements pertaining to the
Verification of Potential Winner(s) taking of marine mammals and inviting mitigation, monitoring and reporting of
All potential winners are subject to information, suggestions, and comments such taking are set forth. NMFS has
verification by NIST, whose decisions on the AAC’s application and request. defined ‘‘negligible impact’’ in 50 CFR

VerDate Sep<11>2014 17:08 Sep 26, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\27SEN1.SGM 27SEN1

Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices 66265

216.103 as ‘‘. . . an impact resulting DEPARTMENT OF EDUCATION public comment addressing the
from the specified activity that cannot following issues: (1) Is this collection
[Docket No.: ED–2016–ICCD–0104]
be reasonably expected to, and is not necessary to the proper functions of the
reasonably likely to, adversely affect the Agency Information Collection Department; (2) will this information be
species or stock through effects on Activities; Comment Request; processed and used in a timely manner;
annual rates of recruitment or survival.’’ Measures and Methods for the National (3) is the estimate of burden accurate;
Except with respect to certain Reporting System for Adult Education (4) how might the Department enhance
activities not pertinent here, the MMPA the quality, utility, and clarity of the
defines ‘‘harassment’’ as any act of AGENCY: Department of Education (ED), information to be collected; and (5) how
pursuit, torment, or annoyance which (i) Office of Career, Technical, and Adult might the Department minimize the
has the potential to injure a marine Education (OCTAE) burden of this collection on the
mammal or marine mammal stock in the ACTION: Notice. respondents, including through the use
wild (Level A harassment); or (ii) has of information technology. Please note
SUMMARY: In accordance with the that written comments received in
the potential to disturb a marine Paperwork Reduction Act of 1995 (44
mammal or marine mammal stock in the response to this notice will be
U.S.C. chapter 3501 et seq.), ED is considered public records.
wild by causing disruption of behavioral proposing an extension of an existing Title of Collection: Measures and
patterns, including, but not limited to, information collection. Methods for the National Reporting
migration, breathing, nursing, breeding,
DATES: Interested persons are invited to System for Adult Education.
feeding, or sheltering (Level B OMB Control Number: 1830–0027.
harassment). submit comments on or before
November 28, 2016. Type of Review: An extension of an
Summary of Request ADDRESSES: To access and review all the existing information collection.
documents related to the information Respondents/Affected Public: State,
On September 14, 2016, NMFS Local, and Tribal Governments.
received an adequate and complete collection listed in this notice, please
Total Estimated Number of Annual
application from the AAC requesting use http://www.regulations.gov by
Responses: 57.
authorization for the take of marine searching the Docket ID number ED– Total Estimated Number of Annual
mammals incidental to space vehicle 2016–ICCD–0104. Comments submitted Burden Hours: 5,700.
and missile launch activities from the in response to this notice should be Abstract: Title II of the Workforce
Pacific Spaceport Complex Alaska submitted electronically through the Innovation and Opportunity Act of 2014
(PSCA) for a period of five years. Space Federal eRulemaking Portal at http:// (WIOA—Pub. L. 113–128), entitled the
vehicle and missile launch activities www.regulations.gov by selecting the Adult Education and Family Literacy
have the potential to result in take of Docket ID number or via postal mail, Act (AEFLA), was enacted on July 22,
pinnipeds on nearby haul outs. commercial delivery, or hand delivery. 2014. AEFLA creates a partnership
Therefore, AAC requests authorization Please note that comments submitted by among the Federal government, States,
to take marine mammals that may occur fax or email and those submitted after and localities to provide, on a voluntary
in these areas, including Steller sea the comment period will not be basis, adult education and literacy
lions (Eumatopias jubatus) and harbor accepted. Written requests for services. Section 116 of WIOA requires
seals (Phoca vitulina richardii). information or comments submitted by States and Local Areas that operate the
postal mail or delivery should be six core programs of the workforce
Specified Activities addressed to the Director of the development system to comply with
Information Collection Clearance common performance accountability
AAC is proposing to launch small to Division, U.S. Department of Education,
medium space launch vehicles from the requirements for those programs. In
400 Maryland Avenue SW., LBJ, Room addition to the WIOA Joint Performance
PSCA. PSCA may also launch a number 2E–349, Washington, DC 20202–4537.
of smaller missile systems, such as ICR, ED’s Office of Career, Technical,
FOR FURTHER INFORMATION CONTACT: For and Adult Education (OCTAE) has
tactical or target vehicles. AAC
anticipates the ability to accommodate specific questions related to collection modified its previously-approved ICR,
nine launches per year. activities, please contact John LeMaster, used by States for performance reporting
202–245–6218. under the Workforce Investment Act of
Information Solicited SUPPLEMENTARY INFORMATION: The 1998 (WIA) through the National
Interested persons may submit Department of Education (ED), in Reporting System for Adult Education
information, suggestions, and comments accordance with the Paperwork (NRS ICR), to conform to the new
concerning AAC’s request (see Reduction Act of 1995 (PRA) (44 U.S.C. requirements under WIOA. The NRS
ADDRESSES). Comments should be
3506(c)(2)(A)), provides the general ICR obtains aggregate data annually
supported by data or literature citations public and Federal agencies with an from States using a set of data tables
as appropriate. We will consider all opportunity to comment on proposed, developed by ED (OMB Control No.
relevant information, suggestions, and revised, and continuing collections of 1830–0027).
comments related to the request during information. This helps the Department Through this proposal, the
the development of proposed assess the impact of its information Department is submitting a revised NRS
regulations governing the incidental collection requirements and minimize ICR to include additional data collection
the public’s reporting burden. It also elements consistent with the WIOA
asabaliauskas on DSK3SPTVN1PROD with NOTICES

taking of marine mammals by AAC, if
appropriate. helps the public understand the performance accountability
Department’s information collection requirements for the AEFLA program.
Dated: September 20, 2016. requirements and provide the requested These new requirements will become
Donna S. Wieting, data in the desired format. ED is effective July 1, 2017. Thus, for
Director, Office of Protected Resources, soliciting comments on the proposed purposes of the AEFLA program, States
National Marine Fisheries Service. information collection request (ICR) that will be required to complete and submit
[FR Doc. 2016–23257 Filed 9–26–16; 8:45 am] is described below. The Department of annually to OCTAE the WIOA Annual
BILLING CODE 3510–22–P Education is especially interested in Statewide Performance Report Template

VerDate Sep<11>2014 17:08 Sep 26, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\27SEN1.SGM 27SEN1

Document Created: 2016-09-27 01:19:17
Document Modified: 2016-09-27 01:19:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; receipt of application for letters of authorization; request for comments and information.
Dates		Comments and information must be received no later than October 27, 2016.
Contact		Stephanie Egger, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		81 FR 66264

81 FR 66264 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle Launch Operations

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 187 (September 27, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration