[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Notices]
[Page 6975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4166]



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DEPARTMENT OF COMMERCE
[I.D. 081195B]


Small Takes of Marine Mammals Incidental to Specified Activities; 
McDonnell Douglas Aerospace Delta II Vehicles at Vandenberg Air Force 
Base, CA

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of modification of an incidental harassment 
authorization.

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SUMMARY: In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is hereby given that an Incidental 
Harassment Authorization (IHA), issued to the U.S. Air Force (USAF) on 
September 19, 1995, to take small numbers of marine mammals by 
harassment incidental to launches of McDonnell Douglas Aerospace (MDA) 
Delta II vehicles at Space Launch Complex 2W (SLC-2W), Vandenberg Air 
Force Base, CA (Vandenberg), has been modified.

EFFECTIVE DATE: The authorization is effective from September 19, 1995, 
until September 19, 1996.

ADDRESSES: The application, authorization and modification are 
available for review in the following offices: Marine Mammal Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910 and the Southwest Region, NMFS, 501 West Ocean Blvd., 
Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, 301-713-2055, or 
Irma Lagomarsino, 301-980-4016.

SUPPLEMENTARY INFORMATION:

Background

    On July 12, 1995, NMFS received an application from the USAF 
requesting an authorization for the harassment of small numbers of 
harbor seals and potentially for other pinniped species incidental to 
launches of Delta II vehicles at SLC-2W, Vandenberg. These launches 
would place Department of Defense, National Aeronautic and Space 
Administration (NASA), and commercial, medium-weight payloads into 
polar or near-polar orbits. MDA/NASA intends to launch four to five 
Delta IIs during the period of this proposed 1-year authorization.
    Background information and rationale was provided with the notice 
of receipt of the application and proposed authorization that was 
published on August 18, 1995 (60 FR 43120) and are not repeated here. A 
30-day public comment period was provided on the application and 
proposed authorization. After review of the comments received on the 
application, NMFS concluded that the taking will not result in more 
than the harassment (as defined by the MMPA Amendments of 1994) of a 
small number of harbor seals, California sea lions, and northern 
elephant seals, would have only a negligible impact on the species, and 
would result in the least practicable impact on the stock. Accordingly, 
NMFS determined that the requirements of section 101(a)(5)(D) of the 
MMPA had been met and the incidental harassment authorization was 
issued on September 19, 1995 (60 FR 52653, October 10, 1995).

Summary of Request

    Section 6(b) of the IHA requires the USAF to observe harbor seal 
activity on haulouts in the vicinity of SLC-2W before and after each 
Delta II launch and to record launch noise levels at nearby harbor seal 
haulouts. On January 24, 1996, NMFS received a request from the USAF to 
amend section 6(b) by removing the requirement for recording launch 
noises at coastal harbor seal haulouts.
    The first launch of a Delta II vehicle under the IHA occurred on 
November 4, 1995. NMFS and the USAF received a preliminary report on 
noise measurements recorded at various distances from SLC-2W during 
this launch. These results indicate that launch noise was similar to 
noise recorded at the same distances during another Delta II launch at 
the Kennedy Space Center, FL, in July 1992. Furthermore, the USAF 
indicated that these noise levels correspond closely with a predictive 
model that was run prior to the launch to calculate launch noise levels 
at various distances from the launch pad.
    Based on this information, it appears that noise levels from 
launches of Delta II space vehicles are predictable and consistent. The 
USAF has indicated that the azimuth for subsequent Delta II launches 
during the authorization period will be similar to the November 4, 
1995, launch. The noise level measurements taken during the November 4, 
1995, launch therefore appear to be applicable to the remaining Delta 
II launches during the authorization period.
    Because the empirical data support the predictive model, additional 
acoustic measurements are unnecessary for monitoring the impact of 
Delta II launches on nearby harbor seal haulouts. Accordingly, on 
January 31, 1996, NMFS amended section 6(b) of the IHA as follows:
    b. Observations on harbor seal activity at harbor seal haulouts in 
the vicinity of SLC-2 and Purisima Point or in the absence of pinnipeds 
at that location, at another nearby haulout, must commence at least 72 
hours prior to any planned launch and continue for a period of time not 
less than 48 hours subsequent to launching.
    As a result of this modification, the monitoring of noise levels 
during the remaining launches of Delta II space vehicles from SLC-2W 
will not be necessary through September 19, 1996. However, the USAF 
will be required to comply with all of the other conditions of the IHA, 
including observations of harbor seal activity, as required in the IHA.

    Dated: February 15, 1996.
Ann D. Terbush,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 96-4166 Filed 2-22-96; 8:45 am]
BILLING CODE 3510-22-F