29774 Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Notices

area and that feeding and courtship

behavior have been observed in the area.

There are three distinct populations of

right whales inhabiting the North

Pacific, North Atlantic and the Southern

Hemisphere. Both the North Atlantic

and North Pacific stocks have

previously been described as a single

species, Eubalaena glacialis (the

northern right whale). Recent genetic

studies provide evidence supporting

species status for both North Atlantic

and North Pacific right whales. NMFS

will be conducting a review to

determine whether the North Pacific

stock should be reclassified as

Eubalaena japonica.

The North Pacific stock is estimated

to have once numbered at least 11,000

animals. These whales were heavily

exploited by commercial whaling, and

remain severely depleted. No reliable

population estimate presently exists for

this stock, although it is likely fewer

than 500.

The North Pacific stock has

historically occurred across the North

Pacific, north of 35° N, with

concentrations in the Gulf of Alaska,

eastern Aleutian Islands, south-central

Bering Sea, Sea of Okhotsk, and the Sea

of Japan. Sightings of these whales have

been rare and sporadic in recent times,

although a small number of whales have

been seen in the south-central Bering

Sea each July since 1996. This petition

is based largely on these repeated

sightings, during which right whales

were observed feeding and engaging in

courtship behavior.

Critical habitat has been designated

for northern right whales in the Atlantic

Ocean, consisting of three areas off the

northeastern and southeastern United

States. The 1991 recovery plan for

northern right whales recommended

that a separate recovery plan be

prepared for the North Pacific stock

‘‘when population numbers are

available,’’ and that the plan identify

habitats essential or important to

survival and recovery. No such plan

exists today, and critical habitat has not

been identified for the North Pacific

stock.

The area recommended by the

petitioner for designation has been

recognized as a region of the Bering Sea

in which right whales have traditionally

occurred. Based on commercial whaling

information, summering grounds for

right whales in the Bering Sea were

principally located in a triangular area

of the southeastern Bering Sea between

Atka, St. Matthew, and Nunivak Island,

lying largely within, and to the south of,

the recommended critical habitat. The

Bering Sea shelf is apparently still used

as summer feeding areas for some right

whales, as observed in 1997, when

researchers collected plankton samples

near feeding right whales in the

southeastern Bering Sea, suggesting that

these whales have shifted both their

foraging ground, (from the shelf break

and deeper waters) and their prey

species.

In recent years, the Bering Sea has

experienced large changes, attributed in

part to climatic change which has

resulted in a general warming pattern

since the mid-1970s. Unusual blooms of

phytoplankton have been noted here,

and, in 1997, a large bloom occurred in

the southeastern Bering Sea, which was

associated with concentrations of

feeding right whales. The petitioner,

however, notes that the presence of

these whales in subsequent years, when

blooms were not evident, suggests that

these waters provide productive

foraging habitat under normal oceanic

conditions as well.

The location of calving grounds for

this stock is unknown. Breeding and

calving of North Pacific right whales

were assumed to have occurred during

winter outside Alaskan waters. The

recent observations of courtship

behavior do not necessarily indicate that

this area is used for breeding.

Response to Petition

NMFS has reviewed the petition, the

literature cited in the petition, and other

literature and available information. On

the basis of that information, NMFS

finds that the petition presents

substantial scientific information

indicating that the requested action may

be warranted. NMFS’s finding is based

in part on our concurrence with

petitioner’s statement that recent

sightings of this stock have occurred in

the area, that this region of the Bering

Sea experiences intensive use by

commercial shipment and fishing

vessels, and that the 1991 recovery plan

for northern right whales recommended

that this stock be protected through

‘‘vigorous application of existing laws.’’

Authority: 16 U.S.C. 1531, et seq.

Dated: May 25, 2001.

John Oliver,

Acting Deputy Assistant for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–13831 Filed 5–31–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 050901F]

Taking and Importing Marine

Mammals; Taking Marine Mammals

Incidental to Rocket Launches

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of issuance of

modification and annual renewal of a

letter of authorization.

SUMMARY: In accordance with provisions

of the Marine Mammal Protection Act

(MMPA) as amended, notification is

hereby given that a modification and

annual renewal to a Letter of

Authorization (LOA) to take small

numbers of marine mammals incidental

to rocket launches at Vandenberg Air

Force Base (VAFB) and on the Northern

Channel Islands has been issued to the

30th Space Wing, U.S. Air Force.

DATES: Effective from May 31, 2001,

until May 31 2002.

ADDRESSES: The letter of authorization

and supporting documentation are

available for review during regular

business hours at the following offices:

Marine Mammal Conservation Division,

Office of Protected Resources, NMFS,

1315 East-West Highway, Silver Spring,

MD 20910-3225, and the Southwest

Region, NMFS, 501 West Ocean

Boulevard, Suite 4200, Long Beach, CA

90802.

FOR FURTHER INFORMATION CONTACT:

Simona P. Roberts, Office of Protected

Resources, NMFS, (301) 713–2322, ext.

106, or Christina Fahy, Southwest

Region, NMFS, (562) 980–4023.

SUPPLEMENTARY INFORMATION:

Background

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

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

Permission may be granted for periods

up to 5 years if NMFS finds, after

notification and opportunity for public

comment, that the taking will have a

negligible impact on the species or

Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Notices 29775

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

pertaining to the monitoring and

reporting of such taking. Regulations

governing the taking of seals and sea

lions incidental to missile and rocket

launches, aircraft flight test operations,

and helicopter operations at Vandenberg

were published on March 1, 1999 (64 FR

9930), and remain in effect until

December 31, 2003.

In accordance with the MMPA, as

amended, and implementing

regulations, a 1-year LOA to take small

numbers of seals and sea lions was

issued on May 31, 2000, to the 30th

Space Wing (65 FR 37361).

Summary of Request

On February 5, 2001, the 30th Space

Wing, U.S. Air Force, requested a

modification to their LOA issued on

May 31, 2000. The letter requested

modifications to the launch schedule

and revisions to the LOA’s current

monitoring requirements, specifically:

(1) to eliminate the number of launches

specified for each type of launch vehicle

(Titan II, Titan IV, Lockheed-Martin,

Delta II, Taurus, Atlas, and Minotaur) to

more accurately reflect the year to year

variability of launch vehicle type; (2) to

clarify that space launches occur from

both North and South Vandenberg; (3)

to increase the observation period prior

to launches from 48 hours before any

planned launch time to 72 hours before

any planned launch time; (4) to include

monitoring over a 2-week period during

pupping season following any launches

of government and commercial space

vehicles, not just following Titan II and

Titan IV launches as the current LOA

requires; and, (5) to change the criterion

for monitoring pinnipeds on the

Northern Channel Islands from when

sonic booms are predicted to be

‘‘focused’’ or greater than 2 pounds per

square foot (psf) to criterion for

monitoring pinnipeds on the Northern

Channel Islands when predicted sonic

booms are greater than 1 psf. A final

modification request to conduct

observations on harbor seal and other

pinniped activity only during the harbor

seal pupping season (March-June), as

opposed to during any launch, was

inconsistent with the 5-year

programmatic implementing regulations

(64 FR 9930). Due to this discrepancy,

NMFS determined that this final request

must be denied because it first requires

modification of the current regulations

governing space vehicle and test flight

activities (50 CFR 216.120-128). In

addition to these requested

modifications to the launch schedule

and monitoring requirements, the 30th

Space Wing also requested renewal of

their 1-year LOA for the year 2001-2002.

Comments

On March 19, 2001 (66 FR 15406)

NMFS published a notice of proposed

modification and annual renewal and a

30-day public comment period was

provided on the proposed modifications

and annual renewal. During the 30-day

public comment period no comments

were received.

Authorization

In recognition of the timely receipt

and acceptance of the reports required

under 50 CFR 216.125(d) and a

determination that the mitigation

measures required pursuant to 50 CFR

216.124 and the LOA have been

undertaken, NMFS has renewed and

made the requested modifications to the

1-year LOA. Issuance of this LOA is

based on a finding that the total takings

will have no more than a negligible

impact on the seal and sea lion

populations off the Vandenberg coast

and on the Northern Channel Islands.

Dated: May 23, 2001.

Wanda L. Cain,

Acting Deputy Director, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 01–13834 Filed 5–31–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF DEFENSE

Office of the Secretary

Proposed Collection; Comment

Request

AGENCY: Office of the Under Secretary of

Defense (Personnel and Readiness).

ACTION: Notice.

In compliance with the Paperwork

Reduction Act of 1995, as amended,

section 3506(c)(2)(A) of title 44, United

States Code, the Office of the Under

Secretary of Defense (Personnel and

Readiness) announces the following

proposal to renew public information

collection forms and seeks public

comment on the provisions thereof.

Comments are invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of burden of the

proposed information collection; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the information collection on

respondents, including through the use

of automated collection techniques or

other forms of information technology.

DATES: Consideration will be given to all

comments received by July 31, 2001.

ADDRESSES: Written comments and

recommendations on the proposed

information collection should be sent to

the Office of the Under Secretary of

Defense (Personnel and Readiness)

Department of Defense Education

Activity, 4040 N. Fairfax Drive,

Arlington, VA 22203, Attn: Ms. Sara

Riggs.

FOR FURTHER INFORMATION CONTACT: To

request more information on this

proposed information collection or to

obtain a copy of the proposal and

associated collection instruments,

please write to the above address or call

at (703) 696–3067 ext. 2652.

Title, Associated Form, and OMB

Control Number: Employment

Opportunities for Educators; DS Forms

5010, 5011, 5012 and 5013; OMB

Number 0704–0370.

Needs and Uses: The information

collected by these forms concerns

applicants for educator positions within

the Department of Defense Dependent

Schools. The information is used to

verify employment history of educator

applicants and to determine creditable

previous experience for pay-setting

purposes for candidates selected for

educator positions. In addition, the

information is used to ensure the

selection for employment with the

Department of Defense Dependents

Schools or individuals possessing the

abilities and personal traits that give

promise of outstanding success under

the unusual circumstances they will

find working abroad. Information

gathered is also used to ensure that the

Department of Defense Dependents

Schools personnel practices meet the

requirements of Federal law.

Completion of the forms is entirely

voluntary.

Affected Public: Individuals or

households.

Annual Burden Hours: 11,200.

Number of Respondents: 24,000.

Responses Per Respondent: 1.

Average Burden Per Response: 28

minutes.

Frequency: Annually.