Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 18201 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular request would 

be appropriate. 

Comments may also be submitted by 

facsimile at (301)427–2521, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period. 

Comments may also be submitted by 

e-mail. The mailbox address for 

providing e-mail comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 14483. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Kristy Beard, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended (16 

U.S.C. 1361 et seq.), and the regulations 

governing the taking and importing of 

marine mammals (50 CFR part 216). 

The applicant requests authorization 

to import three female California sea 

lions from Zoo Tiergarten Nuremberg in 

Nuremberg, Germany to Ocean World, 

Crescent City, California. The applicant 

requests this import for the purpose of 

public display. The receiving facility, 

Ocean World, is: (1) open to the public 

on a regularly scheduled basis with 

access that is not limited or restricted 

other than by charging for an admission 

fee; (2) offers an educational program 

based on professionally accepted 

standards; and (3) holds an Exhibitor’s 

License, number 93–C–0389, issued by 

the U.S. Department of Agriculture 

under the Animal Welfare Act (7 U.S.C. 

2131 – 59). 

In addition to determining whether 

the applicant meets the three public 

display criteria, NMFS must determine 

whether the applicant has demonstrated 

that the proposed activity is humane 

and does not represent any unnecessary 

risks to the health and welfare of marine 

mammals; that the proposed activity by 

itself, or in combination with other 

activities, will not likely have a 

significant adverse impact on the 

species or stock; and that the applicant’s 

expertise, facilities and resources are 

adequate to accomplish successfully the 

objectives and activities stated in the 

application. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an initial 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of this 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: April 14, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–8998 Filed 4–20–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO62 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Rocket Launches from 

Kodiak, AK 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice; Issuance of a Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) and implementing regulations, 

notification is hereby given that a 1– 

year Letter of Authorization (LOA) has 

been issued to the Alaska Aerospace 

Development Corporation (AADC), to 

take Steller sea lions (Eumetopias 

jubatus) and Pacific harbor seals (Phoca 

vitulina richardsi) incidental to rocket 

launches from the Kodiak Launch 

Complex (KLC). 

DATES: Effective April 15, 2009, through 

April 14, 2010. 

ADDRESSES: The LOA and supporting 

documentation are available by writing 

to Michael Payne, Chief, Permits, 

Conservation, and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225, by telephoning one of the 

contacts listed here (see FOR FURTHER

INFORMATION CONTACT), or online at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

notice may be viewed, by appointment, 

during regular business hours, at the 

aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein or Jaclyn Daly, Office 

of Protected Resources, NMFS, (301) 

713–2289, or Brad Smith, Alaska 

Regional Office, NMFS, (907) 271–3023. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(A) of the MMPA (16 

U.S.C. 1361 et seq.) directs the National 

Marine Fisheries Service (NMFS) to 

allow, on 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 

geographical region if certain findings 

are made and regulations are issued. 

Under the MMPA, the term ‘‘taking’’ 

means to harass, hunt, capture, or kill or 

to attempt to harass, hunt, capture or 

kill marine mammals. 

Authorization may be granted for 

periods up to five years if NMFS finds, 

after notification and opportunity for 

public comment, that the taking will 

have a negligible impact on the species 

or stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses. In 

addition, NMFS must prescribe 

regulations that include permissible 

methods of taking and other means 

effecting the least practicable adverse 

impact on the species and its habitat 

and on the availability of the species for 

subsistence uses, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. The 

regulations must include requirements 

for monitoring and reporting of such 

taking. 

Regulations governing the taking of 

Steller sea lions and harbor seals, by 

harassment, incidental to rocket 

launches at KLC, became effective on 

February 27, 2006 (71 FR 4297), and 

remain in effect until February 28, 2011. 

For detailed information on this action, 

please refer to that document. These 

regulations include mitigation, 

monitoring, and reporting requirements 

for the incidental taking of marine 

mammals during rocket launches at 

KLC. 

Summary of Request 

NMFS received a request for an LOA 

pursuant to the aforementioned 

regulations that would authorize, for a 

period not to exceed 1 year, take of 

marine mammals incidental to rocket 

launches at KLC. 

Summary of Activity and Monitoring 

Under the Current LOA 

In compliance with the 2008 LOA, 

AADC submitted a report on the rocket 

launches at KLC. A summary of those 

reports (R&M Consultants, 2008) 

follows. 

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18202 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 

FTX–03 Mission 

Two launches were conducted at KLC 

between March 12, 2008, and March 11, 

2009. The first was a monitored launch 

of a Flight Test Experimental–03 (FTX– 

03) long range ballistic missile on July 

18, 2008 at 13:47:00 hr ADT. Aerial 

surveys to document marine mammals 

in the primary survey area (6–mile 

radius of the KLC launch pads) were 

flown using single-engine fixed-wing 

aircraft 1 day prior to (July 17), the day 

of (July 18), and 3 days (July 19–21) post 

launch. On July 17, 2008, video 

equipment and a noise monitor were 

deployed on the northeast side of Ugak 

Island, 4.2 miles (6.8 km) from the 

launch site, and another noise monitor 

was deployed on Narrow Cape , 0.9 

miles (1.4 km) from the launch site. 

Sound level monitoring equipment at 

Ugak Island registered noise above 

general ambient levels for one minute 

thirty three seconds with an SEL of 89.6 

dBA. The one-second broadband peak 

noise level was 108.3 dBC. The 1/3 

octave broadband noise level peaked 

between 63 and 250 Hz with a 

maximum noise level of 90.7 dB at 100 

Hz. Sound level monitoring equipment 

at Narrow Cape registered noise above 

general ambient levels for one minute 

fifty seconds with an SEL of 112.6 dBA. 

The one-second broadband peak noise 

level was 145.6 dBC. The 1/3 octave 

broadband noise level peaked between 

63 and 400 Hz with a maximum noise 

level at 105.8 dB at 315 Hz. 

Video equipment was focused on the 

Steller sea lion haulout on the east side 

of Ugak Island because no seal lions 

were present at the traditional haulout 

on the gravel spit at Ugak. This haulout 

was occupied by 1–5 seal lions during 

the aerial surveys, and 0–3 sea lions 

during video monitoring. However, the 

camera battery was depleted about two 

hours before the launch so the 

immediate effects of the launch on 

Steller sea lions could not be 

determined. However, three sea lions 

were seen at the haulout during the 

aerial survey conducted within two 

hours after the launch, the same number 

recorded when the camera battery died; 

therefore, if any behavioral impacts did 

occur, they were short lived. 

Harbor seals were the most abundant 

marine mammal counted. Daily totals 

ranged from 610 seals on July 20, 2008 

to 1,534 seals on July 21, 2008. The 

count of harbor seals before the launch 

(853 seals) was similar immediately post 

launch (840 seals). For the three days 

after launch, 744, 610, and 1,534 harbor 

seals, respectively, were sighted in the 

primary study area. Therefore, NMFS 

does not expect that the launch had a 

long term impact on harbor seals in the 

action area. 

FTG–05 Mission 

The second monitored launch of an 

Flight Test Ground-based Interceptor–05 

(FTG–05) ballistic missile was 

conducted at KLC on December 5, 2008 

at 11:04 hr ADT. Five monitoring 

surveys were scheduled between 

December 4–8, 2008; however, foul 

weather precluded flying from all but 

one day. No monitoring survey was 

completed pre-launch and only one 

survey was completed post-launch; 

however, one aerial survey was flown 

over part of the primary study area three 

days before the launch (December 2) 

prior to the designated monitoring 

surveys. Foul weather precluded 

helicopter access to Ugak Island, 

therefore no video equipment or sound 

monitoring device was deployed at this 

location. However, a sound level 

monitor was deployed on Narrow Cape. 

This noise monitoring device registered 

noise above general ambient levels for 

one minute forty one seconds with an 

SEL of 112.4 dBA. The one-second 

broadband peak noise level was 126.1 

dBC. The 1/3 octave broadband noise 

level peaked between 63 and 400 Hz 

with a maximum noise level at 106.6 dB 

at 200 Hz. 

Steller sea lions did not use the spit 

on northern Ugak Island (the traditional 

haulout site) during the December 7 

survey; however, this has been the trend 

during the past few years. One sea lion 

was sighted during that day on the 

suprtidal rock on the eastern side of 

Ugak, the same location where they 

were sighted during the FTX–03 launch, 

as described above. 

During the December 7 survey, 971 

harbor seals were sighted in the primary 

study area. All were sighted on Ugak 

Island with the largest single haulout 

located on the northeast side of the 

island with 444 seals. Because only one 

survey was completed and no video 

monitoring system was set up during 

the FTG–05 launch, the actual impacts 

to Steller sea lions and harbor seals can 

not be determined. However, AADC did 

collect video monitoring data of Steller 

sea lions during a FTG–02 launch in 

2006. During that launch, two sea lions 

were present on Ugak Rock. The 

animals raised their heads in response 

to launch noise, which peaked at 105.6 

dBC and had an SEL of 90.1dBA over 

one minute and eight seconds; however, 

they did not flush into the water. For 

comparative purposes, the Narrow Cape 

the peak noise level during this launch 

was 128 dBC with a SEL of 112.5dBA 

over one minute 23–seconds which is 

comparable to the December FTG–05 

launch, as described above. Therefore, 

NMFS anticipates that reactions of 

Steller sea lions, if present, were likely 

similar to those recorded previously. 

In summary, NMFS concludes the 

impacts from the FTX–03 and FTG–05 

flight were similar based on similar 

acoustic monitoring measurements from 

both launches. No mortality or injury 

was observed during the FTX–03 launch 

and likely did not occur during the 

FTG–05 launch. 

Authorization 

Accordingly, NMFS has issued an 

LOA to AADC authorizing takes of 

marine mammals incidental to rocket 

launches at the KLC. Issuance of this 

LOA is based on findings, described in 

the preamble to the final rule (71 FR 

4297, January 26, 2006) and supported 

by information contained in AADC’s 

required 2007 annual report, that the 

activities described under this LOA will 

result in the take of small numbers of 

marine mammals, have a negligible 

impact on marine mammal stocks, and 

will not have an unmitigable adverse 

impact on the availability of the affected 

marine mammal stocks for subsistence 

uses. 

Dated: April 16, 2009. 

James H. Lecky, 

Director, Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. E9–9117 Filed 4–20–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF EDUCATION 

Office of English Language 

Acquisition, Language Enhancement, 

and Academic Achievement for 

Limited English Proficient Students; 

Overview Information; Foreign 

Language Assistance Program—Local 

Educational Agencies With Institutions 

of Higher Education; Notice Inviting 

Applications for New Awards for Fiscal 

Year (FY) 2009 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.293A. 

DATES: 

Applications Available: April 21, 

2009. 

Deadline for Notice of Intent to Apply: 

May 11, 2009. 

Deadline for Transmittal of 

Applications: May 27, 2009. 

Deadline for Intergovernmental 

Review: July 27, 2009. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The Foreign 

Language Assistance Program (FLAP) 

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