83 FR 46483 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Air Force Launching of Space Launch Vehicles, Intercontinental Ballistic and Small Missiles, and Aircraft and Helicopter Operations at Vandenberg Air Force Base, California

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 178 (September 13, 2018)

Page Range		46483-46484
FR Document		2018-19896

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, and aircraft and helicopter operations at Vandenberg Air Force Base (VAFB), California, from March 27, 2019 through March 26, 2024. 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.

Federal Register, Volume 83 Issue 178 (Thursday, September 13, 2018)

[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46483-46484]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-19896]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG331

Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to U.S. Air Force Launching of Space
Launch Vehicles, Intercontinental Ballistic and Small Missiles, and
Aircraft and Helicopter Operations at Vandenberg Air Force Base,
California

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.

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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, and
aircraft and helicopter operations at Vandenberg Air Force Base (VAFB),
California, from March 27, 2019 through March 26, 2024. 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 October
15, 2018.

ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
electronic comments should be sent to ITP.Carduner@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 received electronically, 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 the internet at
www.nmfs.noaa.gov/pr/permits/incidental/military.htm without change.
All personal identifying information (e.g., name, address) 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: Jordan Carduner, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the USAF's
application may be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/military.htm. In case of problems accessing these documents,
please call the contact listed above.

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 (Secretary) 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) within a specified geographic region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, notice of a proposed authorization is
provided to the public for review.
An 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.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
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,

[[Page 46484]]

migration, breathing, nursing, breeding, feeding, or sheltering (Level
B harassment).
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) removed the ``small numbers'' and ``specified geographical
region'' limitations indicated above 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 August 10, 2018, NMFS received an adequate and complete
application from the USAF requesting a letter of authorization (LOA)
for the take of six species of marine mammals (all pinnipeds), by Level
B harassment only, incidental to launching space launch vehicles,
intercontinental ballistic and small missiles, and aircraft and
helicopter operations at VAFB. The USAF is requesting a 5-year LOA for
these activities. These activities may result in the take of marine
mammals as a result of noise or visual disturbance.

Description of the Specified Activity

VAFB supports launch activities for the USAF, Department of
Defense, National Aeronautics and Space Administration, and commercial
entities. VAFB is the primary launch facility on the West Coast of the
United States for placing commercial, government and military
satellites into polar orbit on unmanned launch vehicles, and for the
testing and evaluation of intercontinental ballistic missiles (ICBMs)
and sub-orbital target and interceptor missiles. In addition to space
vehicle and missile launch activities at VAFB, occasional helicopter
and aircraft operations involve search-and-rescue, delivery of space
vehicle components, launch mission support, security reconnaissance,
and training flights.
There are currently six active 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 and Minotaur rockets. A
variety of small missiles are also launched from various facilities at
VAFB, including Minuteman III, an ICBM which is launched from
underground silos. In addition, several types of interceptor and target
vehicles are launched for the Missile Defense Agency, which develops
various systems and elements, including the Ballistic Missile Defense
System.
The USAF anticipates that no more than 15 missile and 50 rocket
launches would occur in any year, with total launch activities not
exceeding 75 missile and 250 rocket launches over five years. All
launch operations would occur at VAFB, potentially resulting in impacts
to marine mammals at VAFB (as a result of launch noise and visual
stimuli) and at the Northern Channel Islands (as a result of noise from
sonic booms). A full description of the activities to be conducted by
the USAF at VAFB, including descriptions of the space vehicles and
missiles proposed for use, is provided in the USAF's application.

Information Solicited

Interested persons may submit information, suggestions, and
comments concerning the USAF's request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by the USAF, if appropriate.

Dated: September 7, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-19896 Filed 9-12-18; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices 46483

In the past, NMFS has made plans and DEPARTMENT OF COMMERCE permits/incidental/military.htm without
annual reports from states available change. All personal identifying
through the internet and plans to National Oceanic and Atmospheric information (e.g., name, address)
continue this practice. Administration voluntarily submitted by the commenter
RIN 0648–XG331 may be publicly accessible. Do not
III. Data submit confidential business
OMB Control Number: 0648–0466. Takes of Marine Mammals Incidental to information or otherwise sensitive or
Specified Activities; Taking Marine protected information.
Form Number: None. Mammals Incidental to U.S. Air Force FOR FURTHER INFORMATION CONTACT:
Type of Review: Regular submission Launching of Space Launch Vehicles, Jordan Carduner, Office of Protected
(extension of a currently approved Intercontinental Ballistic and Small Resources, NMFS, (301) 427–8401. An
collection). Missiles, and Aircraft and Helicopter electronic copy of the USAF’s
Affected Public: Business or other for- Operations at Vandenberg Air Force application may be obtained online at:
profit organizations; State, local or tribal Base, California www.nmfs.noaa.gov/pr/permits/
governments. incidental/military.htm. In case of
AGENCY: National Marine Fisheries
problems accessing these documents,
Estimated Number of Respondents: 1. Service (NMFS), National Oceanic and
please call the contact listed above.
Atmospheric Administration (NOAA),
Estimated Time per Response: 2,500 SUPPLEMENTARY INFORMATION:
Commerce.
hours to complete each agreement or
plan that has the intention of making ACTION: Notice; receipt of application for Background
listing unnecessary; 320 hours to Letters of Authorization; request for Sections 101(a)(5)(A) and (D) of the
conduct monitoring for successful comments and information. MMPA (16 U.S.C. 1361 et seq.) direct
agreements; and 80 hours to prepare a SUMMARY: NMFS has received a request the Secretary of Commerce (Secretary)
report for successful agreements. from the U.S. Air Force (USAF) for to allow, upon request, the incidental,
authorization to take marine mammals but not intentional taking of small
Estimated Total Annual Burden
incidental to launching space launch numbers of marine mammals by U.S.
Hours: 2,820.
vehicles, intercontinental ballistic and citizens who engage in a specified
Estimated Total Annual Cost to activity (other than commercial fishing)
small missiles, and aircraft and
Public: $150 in recordkeeping/reporting within a specified geographic region if
helicopter operations at Vandenberg Air
costs. Force Base (VAFB), California, from certain findings are made and either
March 27, 2019 through March 26, 2024. regulations are issued or, if the taking is
IV. Request for Comments
Pursuant to the Marine Mammal limited to harassment, notice of a
Comments are invited on: (a) Whether Protection Act (MMPA), NMFS is proposed authorization is provided to
the proposed collection of information announcing our receipt of the USAF’s the public for review.
is necessary for the proper performance request for the development and An authorization for incidental
of the functions of the agency, including implementation of regulations takings shall be granted if NMFS finds
whether the information shall have governing the incidental taking of that the taking will have a negligible
marine mammals and inviting impact on the species or stock(s), will
practical utility; (b) the accuracy of the
information, suggestions, and comments not have an unmitigable adverse impact
agency’s estimate of the burden
on the USAF’s application and request. on the availability of the species or
(including hours and cost) of the
stock(s) for subsistence uses (where
proposed collection of information; (c) DATES: Comments and information must
relevant), and if the permissible
ways to enhance the quality, utility, and be received no later than October 15, methods of taking and requirements
clarity of the information to be 2018. pertaining to the mitigation, monitoring
collected; and (d) ways to minimize the ADDRESSES: Comments on the and reporting of such takings are set
burden of the collection of information application should be addressed to Jolie forth.
on respondents, including through the Harrison, Chief, Permits and NMFS has defined ‘‘negligible
use of automated collection techniques Conservation Division, Office of impact’’ in 50 CFR 216.103 as an impact
or other forms of information Protected Resources, National Marine resulting from the specified activity that
technology. Fisheries Service. Physical comments cannot be reasonably expected to, and is
Comments submitted in response to should be sent to 1315 East-West not reasonably likely to, adversely affect
this notice will be summarized and/or Highway, Silver Spring, MD 20910 and the species or stock through effects on
included in the request for OMB electronic comments should be sent to annual rates of recruitment or survival.
approval of this information collection; ITP.Carduner@noaa.gov. The MMPA states that the term ‘‘take’’
they also will become a matter of public Instructions: NMFS is not responsible means to harass, hunt, capture, kill or
for comments sent by any other method, attempt to harass, hunt, capture, or kill
record.
to any other address or individual, or any marine mammal.
Dated: September 10, 2018. received after the end of the comment Except with respect to certain
Sarah Brabson, period. Comments received activities not pertinent here, the MMPA
NOAA PRA Clearance Officer. electronically, including all defines ‘‘harassment’’ as: Any act of
[FR Doc. 2018–19900 Filed 9–12–18; 8:45 am] attachments, must not exceed a 25- pursuit, torment, or annoyance which (i)
daltland on DSKBBV9HB2PROD with NOTICES

megabyte file size. Attachments to has the potential to injure a marine
BILLING CODE 3510–22–P
electronic comments will be accepted in mammal or marine mammal stock in the
Microsoft Word or Excel or Adobe PDF wild (Level A harassment); or (ii) has
file formats only. All comments the potential to disturb a marine
received are a part of the public record mammal or marine mammal stock in the
and will generally be posted to the wild by causing disruption of behavioral
internet at www.nmfs.noaa.gov/pr/ patterns, including, but not limited to,

VerDate Sep<11>2014 19:20 Sep 12, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\13SEN1.SGM 13SEN1

Document Created: 2018-09-13 01:01:33
Document Modified: 2018-09-13 01:01:33

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 15, 2018.
Contact		Jordan Carduner, Office of Protected Resources, NMFS, (301) 427-8401. An electronic copy of the USAF's application may be obtained online at: www.nmfs.noaa.gov/pr/permits/ incidental/military.htm. In case of problems accessing these documents, please call the contact listed above.
FR Citation		83 FR 46483
RIN Number		0648-XG33

83 FR 46483 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Air Force Launching of Space Launch Vehicles, Intercontinental Ballistic and Small Missiles, and Aircraft and Helicopter Operations at Vandenberg Air Force Base, California

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 178 (September 13, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration