61092 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices

subsequent assessment of double

antidumping duties.

This notice is the only 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 353.34(d)(1). Timely

written notification of the return or

destruction of APO materials, or

conversion to judicial protective order is

hereby requested. Failure to comply is

a violation of the APO.

This administrative review and notice

are in accordance with section 751(a) of

the Act and 19 CFR 353.22, and this

notice is published in accordance with

section 777(i) of the Act.

Dated: November 5, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–29958 Filed 11–13–97; 8:45 am]

BILLING CODE 3510–25–P

DEPARTMENT OF COMMERCE

International Trade Administration

Applications for Duty-Free Entry of

Scientific Instruments

Pursuant to Section 6(c) of the

Educational, Scientific and Cultural

Materials Importation Act of 1966 (Pub.

L. 89–651; 80 Stat. 897; 15 CFR part

301), we invite comments on the

question of whether instruments of

equivalent scientific value, for the

purposes for which the instruments

shown below are intended to be used,

are being manufactured in the United

States.

Comments must comply with 15 CFR

301.5(a)(3) and (4) of the regulations and

be filed within 20 days with the

Statutory Import Programs Staff, U.S.

Department of Commerce, Washington,

D.C. 20230. Applications may be

examined between 8:30 A.M. and 5:00

P.M. in Room 4211, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C.

Docket Number: 97–089. Applicant:

Worcester Polytechnic Institute, 100

Institute Road, Worcester, MA 01609.

Instrument: Fire Modeling Research

Apparatus. Manufacturer: Fire Testing

Technology Ltd., United Kingdom.

Intended Use: The instrument will be

used to determine certain fire properties

from a particular substance, object or

material—sometimes testing each type

of material present in a composite then

calculating experimental values if the

materials were burned together. In

addition, the instrument will be used for

educational purposes in the course

FPE580F. Special Problems: Fire

Science Laboratory providing overall

instruction and hands-on experience

with fire science related experimental

measurement techniques. Application

accepted by Commissioner of Customs:

October 23, 1997.

Docket Number: 97–090. Applicant:

University of Minnesota, Department of

Psychology, N218 Elliott Hall, 75 East

River Road, Minneapolis, MN 55455.

Instrument: Visual Stimulus Generator,

Model VSG2/3S. Manufacturer:

Cambridge Research Systems Ltd.,

United Kingdom. Intended Use: The

instrument will be used to investigate

the sensory limitations on letter

recognition which involves measuring

the spatio temporal properties of letter

recognition across the human visual

field. The experiments will tell the size

of the visual span (the number of letters

that can be recognized in a single

fixation) for different print sizes,

contrasts and fixation duration. This

data will test models that relate letter

recognition to reading. Application

accepted by Commissioner of Customs:

October 23, 1997.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 97–29957 Filed 11–13–97; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 093097E]

Small Takes of Marine Mammals

Incidental to Specified Activities;

Space Launch Vehicles at Vandenberg

Air Force Base, CA

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of receipt of applications

and proposed authorizations for small

take exemptions; request for comments.

SUMMARY: NMFS has received a request

from the U.S. Air Force for continuation

of incidental harassment authorizations

to take small numbers of marine

mammals incidental to launches of

Delta II, Titan II, Titan IV, and Taurus

launch vehicles at Vandenberg Air

Force Base, CA (Vandenberg). Under the

Marine Mammal Protection Act

(MMPA), NMFS is requesting comments

on its proposal to continue to authorize

these takings (limited to harassment),

for a period not to exceed 1 year.

DATES: Comments and information must

be received no later than December 15,

1997.

ADDRESSES: Comments on this

application should be addressed to

Michael Payne, Chief, Marine Mammal

Division, Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910. A copy of this

application, previous documentation

and Federal Register notices on this

action may be obtained by writing to

this address or by telephoning the

contact listed below.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hollingshead, Office of

Protected Resources at 301–713–2055,

or Irma Lagomarsino, Southwest

Regional Office at 562–980–4016.

SUPPLEMENTARY INFORMATION:

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

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.

Permission 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 subsistence uses;

and the permissible methods of taking

and requirements pertaining to the

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.’’

Subsection 101(a)(5)(D) of the MMPA

established an expedited process by

which U.S. citizens can apply for an

authorization to incidentally take small

numbers of marine mammals by

harassment for a period of up to one

year. The MMPA defines ‘‘harassment’’

as:

...any act of pursuit, torment, or annoyance

which (a) has the potential to injure a marine

mammal or marine mammal stock in the

wild; or (b) 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.

New subsection 101(a)(5)(D)

establishes a 45-day time limit for

NMFS review of an application
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 61093

followed by a 30-day public notice and

comment period on any proposed

authorizations for the incidental

harassment of small numbers of marine

mammals. Within 45 days of the close

of the comment period, NMFS must

either issue or deny issuance of the

authorization.

Summary of Request

On October 7, 1997, NMFS received

an application from the U.S. Air Force,

Vandenberg, requesting continuation of

an authorization for the harassment of

small numbers of seals and sea lions

incidental to launches of Delta II, Titan

II, Titan IV, and Taurus launch vehicles

at Vandenberg. This application

incorporates by reference the

information contained in applications

provided last year for these rocket

launches. These applications (Titan II

and IV-January 24, 1996, Delta II-July

17, 1996, Taurus-August 14, 1996) are

available upon request (see ADDRESSES).

NMFS has received a petition for

regulations and an application for a

small take authorization under section

101(a)(5)(A) of the MMPA. If

implemented, this rulemaking will

replace these 1-year authorizations,

along with another issued previously for

Lockheed launch vehicles (62 FR 40335,

July 28, 1997) with a 5-year regulatory

program, governing incidental takes of

marine mammals by launches of all

rocket and missile types from

Vandenberg. This petition is published

elsewhere in this issue of the Federal

Register.

Description of Marine Mammals and

Potential Effects of Launches on Marine

Mammals

The marine mammal species

anticipated to be incidentally harassed

by launches from Vandenberg are harbor

seals (Phoca vitulina), California sea

lions (Zalophus californianus), northern

elephant seals (Mirounga angustirostris),

northern fur seals (Callorhinus ursinus)

and possibly Guadalupe fur seals

(Arctocephalus townsendi) in the

vicinity of Vandenberg and on the

Northern Channel Islands (NCI). In

conjunction with publication of the

previous application notices for launch

activities, a description of the Southern

California Bight population of seals and

sea lions and the potential impacts from

rocket launches on these species and

stocks was provided on August 18, 1995

(60 FR 43120), and August 29, 1996 (61

FR 45404), for Delta II authorizations,

September 25, 1996 (61 FR 50276), for

Taurus rocket authorization, and March

15, 1996 (61 FR 10727), for Titan II and

IV authorizations. Interested reviewers

are encouraged to refer to those

documents for the appropriate

discussion. These documents are

available from NMFS (see ADDRESSES)

As a result of the noise associated

with launches and the sonic boom

resulting from some launch vehicles at

certain trajectories, there is a potential

to cause a startle response to those seals

and sea lions that haul out on the

coastline of Vandenberg and on the NCI.

The effect on the above listed seals and

sea lions would be anticipated to result

in a negligible short-term impact to

small numbers of seals and sea lions

that are hauled out at the time of a

launch. No impacts are anticipated to

animals that are in the water at the time

of launch. Detailed descriptions of the

expected impact from rocket launches

on harbor seals and other marine

mammals have been provided in the

above referenced Federal Register

notices and are not repeated here.

Conclusions

Based upon information provided by

the applicant, and previous reviews of

the incidental take of seals and sea lions

by this activity, NMFS believes that the

short-term impact of the rocket launches

at Vandenberg is expected to result at

worst, in a temporary reduction in

utilization of the haulout as seals and/

or sea lions leave the beach for the

safety of the water. The launching is not

expected to result in any reduction in

the number of seals or sea lions, and

they are expected to continue to occupy

the same area. In addition, there will not

be any impact on the habitat itself.

Based upon studies conducted for

previous space vehicle launches at

Vandenberg, significant long-term

impacts on seals and sea lions at

Vandenberg are unlikely.

Proposed Authorization

NMFS proposes to issue individual

incidental harassment authorizations for

a period of time not to exceed 1 year for

launches of Delta II, Titan II, Titan IV,

and Taurus launch vehicles at

Vandenberg provided the monitoring

and reporting requirements currently in

effect are continued. NMFS has

preliminarily determined that the

proposed launches of these launch

vehicles at Vandenberg would result in

the harassment taking of only small

numbers of seals and sea lions, and will

have no more than a negligible impact

on the species and stocks of marine

mammals.

Information Solicited

NMFS requests interested persons to

submit comments, information, and

suggestions concerning this request (see

ADDRESSES).

Dated: November 6, 1997.

Hilda Diaz-Soltero,

Director, Office of Protected Resources,

National Marine Fisheries Service.

[FR Doc. 97–29936 Filed 11–13–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 110697A]

Marine Mammals; Scientific Research

Permit (PHF# 875–1401)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Receipt of application for

amendment.

SUMMARY: Notice is hereby given that Dr.

Christopher W. Clark, Cornell

University, Ithaca, New York 14850, has

requested an amendment to Permit No.

875–1401.

DATES: Written comments must be

received on or before December 14,

1997.

ADDRESSES: The application for

amendment and related documents,

including a draft environmental

assessment (EA) that examines the

environmental consequences of issuing

the requested amended permit, are

available for review upon written

request or by appointment in the

following office(s):

Permits Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Room 13705, Silver Spring,

MD 20910 (301/713–2289); and

Regional Administrator, Southwest

Region, 501 West Ocean Boulevard,

Suite 4200, Long Beach, CA 90802-4213

(562/980-4001).

Written data or views, or requests for

a public hearing on this request, should

be submitted to the Director, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Room 13130, Silver

Spring, MD 20910. Those individuals

requesting a hearing should set forth the

specific reasons why a hearing on this

application would be appropriate.

Concurrent with the publication of

this notice in the Federal Register,

NMFS is forwarding copies of this

application for amendment to the

Marine Mammal Commission and its

Committee of Scientific Advisors.

SUPPLEMENTARY INFORMATION: The

subject amendment to permit no. 875–

1401 is requested under the authority of

the Marine Mammal Protection Act of