30726 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Notices

No Obligation for Further Funding

If an application is selected for

funding, Department of Commerce has

no obligation to provide any additional

future funding in connection with that

award. Renewal of an award to increase

funding or extend the period of

performance is at the total discretion of

Department of Commerce.

Delinquent Federal Debts

No award of Federal funds shall be

made to a Fellows applicant who has an

outstanding delinquent Federal debt or

fine until either:

i. The delinquent account is paid in

full,

ii. A negotiated repayment schedule is

established and at least one payment is

received, or

iii. Other arrangements satisfactory to

Department of Commerce are made.

Name Check Review

All non-profit and for-profit

applicants are subject to a name check

review process. Name checks are

intended to reveal if any key individuals

associated with the applicant have been

convicted of or are presently facing

criminal charges such as fraud, theft,

perjury, or other matters which

significantly reflect on the applicant’s

management honesty or financial

integrity.

Primary Application Certifications

All primary applicants must submit a

completed Form CD–511,

‘‘Certifications Regarding Debarment,

Suspension and Other Responsibility

Matters; Drug-Free Workplace

Requirements and Lobbying,’’ and the

following explanations are hereby

provided:

i. Nonprocurement Debarment and

Suspension

Prospective participants (as defined at

15 CFR part 26, section 105) are subject

to 15 CFR part 26, ‘‘Nonprocurement

Debarment and Suspension’’ and the

related section of the certification form

prescribed above applies;

ii. Drug-Free Workplace

Grantees (as defined at 15 CFR Part

26, section 605) are subject to 15 CFR

part 26, subpart F, ‘‘Governmentwide

Requirements for Drug-Free Workplace

(Grants)’’ and the related section of the

certification form prescribed above

applies;

iii. Anti-Lobbying

Persons (as defined at 15 CFR part 28,

section 105) are subject to the lobbying

provisions of 31 U.S.C. 1352,

‘‘Limitation on use of appropriated

funds to influence certain Federal

contracting and financial transactions,’’

and the lobbying section of the

certification form prescribed above

applies to applications/bids for grants,

cooperative agreements, and contracts

for more than $100,000 and loans and

loan guarantees for more than $150,000,

or the single family maximum mortgage

limit for affected programs, whichever is

greater; and

iv. Anti-Lobbying Disclosures

Any applicant that has paid or will

pay for lobbying using any funds must

submit an SF–LLL, ‘‘Disclosure of

Lobbying Activities,’’ as required under

15 CFR part 28, appendix B.

Lower Tier Certifications

Recipients shall require applicants/

bidders for subgrants, contracts,

subcontracts, or other lower tier covered

transactions at any tier under the award

to submit, if applicable, a completed

Form CD–512, ‘‘Certifications Regarding

Debarment, Suspension, Ineligibility

and Voluntary Exclusion-Lower Tier

Covered Transactions and Lobbying’’

and disclosure form, SF–LLL,

‘‘Disclosure of Lobbying Activities.’’

Form CD–512 is intended for the use of

recipients and should not be transmitted

to Department of Commerce. SF–LLL

submitted by any tier recipient or

subrecipient should be submitted to

Department of Commerce in accordance

with the instructions contained in the

award document.

False Statements

A false statement on an application is

grounds for denial or termination of

funds and grounds for possible

punishment by a fine or imprisonment

as provided in 18 U.S.C. 1001.

Intergovernmental Review

Applications under this program are

subject to Executive Order 12372,

‘‘Intergovernmental Review of Federal

Programs.’’

Classification

Prior notice and an opportunity for

public comments are not required by the

Administrative Procedure Act or any

other law for this notice concerning

grants, benefits, and contracts.

Therefore, a regulatory flexibility

analysis is not required for purposes of

the Regulatory Flexibility Act.

This action has been determined to be

not significant for purposes of E.O.

12866.

This document contains a collectionof-information requirement subject to

the Paperwork Reduction Act. The

collection of this information has been

approved by OMB under control

number 0648–0294. Notwithstanding

any other provision of law, no person is

required to respond to, nor shall any

person be subject to a penalty for failure

to comply with, a collection of

information subject to the requirements

of the Paperwork Reduction Act unless

that collection of information displays a

currently valid OMB Control Number.

Dated: June 1, 1998.

Elbert W. Friday,

Assistant Administrator, Office of Oceanic

and Atmospheric Research.

[FR Doc. 98–15073 Filed 6–4–98; 8:45 am]

BILLING CODE 3510–12–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 040298A]

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 issuance of an

incidental harassment authorization.

SUMMARY: In accordance with provisions

of the Marine Mammal Protection Act

(MMPA) as amended, notification is

hereby given that an Incidental

Harassment Authorization (IHA) to take

small numbers of seals and sea lions by

harassment incidental to launches of

Lockheed Martin Athena launch

vehicles (Athena) at Space Launch

Complex 6 (SLC–6), Vandenberg Air

Force Base, CA (Vandenberg) has been

issued to the U.S. Air Force for a period

not to exceed 1 year.

DATES: This authorization is effective

from July 18, 1998, through July 17,

1999.

ADDRESSES: A copy of the application,

authorization, previous documentation,

and Federal Register notices on this

action may be obtained by writing to the

Chief, Marine Mammal Division, Office

of Protected Resources, NMFS, 1315

East-West Highway, Silver Spring, MD

20910 or by telephoning the contact

listed here.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hollingshead, Marine Mammal

Division, Office of Protected Resources

at 301–713–2055, or Irma Lagomarsino,

Southwest Regional Office at 562–980–

4016.
Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Notices 30727

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) and will not have an

unmitigable adverse impact on the

availability of the species or stock(s) for

subsistence uses, and that 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 1 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.

Subsection 101(a)(5)(D) establishes a

45-day time limit for NMFS review of an

application followed by a 30-day public

notice and a 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 March 10, 1998, NMFS received

an application from the U.S. Air Force,

Vandenberg, requesting continuation of

an authorization for the harassment of

small numbers of harbor seals and

possibly California sea lions, northern

elephant seals, and other pinnipeds

incidental to launches of Athena rockets

from Vandenberg. The present

authorization expires on July 18, 1998.

The U.S. Air Force application

incorporates by reference the

information contained in applications

provided each year since 1995. Detailed

descriptions of the activity and the

expected impact from rocket launches

on marine mammals have been

provided in previous authorization

notices for Lockheed (60 FR 24840, May

10, 1995; 60 FR 38308, July 26, 1995; 61

FR 19609, May 2, 1996; 61 FR 38437,

July 24, 1996; 62 FR 26779, May 15,

1997; and 62 FR 40335, July 28, 1997).

These applications and notices are

available upon request (see ADDRESSES).

It should be noted that 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 this 1-year

authorization, (see 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, and jet aircraft and

helicopter operations from Vandenberg.

Comments and Responses

A notice of receipt of the U.S. Air

Force application and proposed

authorization was published on April 8,

1998 (63 FR 17154), and a 30-day public

comment period was provided on the

application and proposed authorization.

No comments were received during the

comment period.

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 is

principally the harbor seal (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) may also be

harassed, but in significantly smaller

numbers. A detailed description of the

Southern California Bight population of

seals and sea lions and the potential

impacts from rocket launches on these

species and stocks, have been provided

in the previously referenced Federal

Register notices and are not repeated

here. For the appropriate discussion,

interested reviewers are encouraged to

refer to those documents, which are

available upon request 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.

Conclusions

Based upon information provided by

the applicant and by 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 in, at worst, a temporary

reduction in utilization of the haulout as

seals and/or sea lions leave the beach

for the safety of the water. Launchings

are 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 areas. Additionally,

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.

For these reasons, NMFS has

determined that the requirements of

section 101(a)(5)(D) of the MMPA have

been met and the authorization can be

issued.

Authorization

For the above reasons, NMFS has

issued an IHA for a period of time not

to exceed 1 year for launches of Athena

rockets at SLC–6, Vandenberg, provided

the monitoring and reporting

requirements currently in effect are

continued.

Dated: June 1, 1998.

Patricia A. Montanio,

Deputy Director, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 98–14868 Filed 6–4–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 052798C]

Gulf of Mexico Fishery Management

Council; Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.