[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46483-46484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 <a href="/cdn-cgi/l/email-protection#3a736e6a14795b485e4f545f487a54555b5b145d554c"><span class="__cf_email__" data-cfemail="cc85989ce28fadbea8b9a2a9be8ca2a3adade2aba3ba">[email protected]</span></a>.
    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


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