[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51213-51214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25161]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 216

[Docket No. 960917260-6260-01; I.D. 090596B]
RIN 0648-XX67


Taking and Importing of Marine Mammals; Small Takes of Marine 
Mammals Incidental to Specified Activities

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

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS issues this technical amendment to remove expired 
regulations governing the small take of marine mammals incidental to 
conducting specified activities in the marine environment. This 
technical amendment is intended to provide the public with uniform, 
updated and streamlined regulations. This action is consistent with the 
President's Regulatory Reform Initiative.

EFFECTIVE DATE: September 24, 1996.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, Office 
of Protected Resources, NMFS (telephone 301-713-2055).

SUPPLEMENTARY INFORMATION:
    On August 21, 1991 (56 FR 41628), NMFS published final regulations 
effective from September 23, 1991, through September 23, 1996, to

[[Page 51214]]

authorize the incidental take of a small number of marine mammals 
during launches of Titan IV rockets from Vandenberg Air Force Base, 
California (Vandenberg). Under section 101(a)(5)(A) of the Marine 
Mammal Protection Act (16 U.S.C. 1361 et seq.; MMPA), an authorization 
under this provision may not exceed 5 years.
    On April 30, 1994, the President signed Public Law 103-238, the 
MMPA Amendments of 1994. One part of this law added a new subsection 
101(a)(5)(D) to the MMPA, establishing an expedited process by which 
citizens of the United States can apply for an authorization to 
incidentally take small numbers of marine mammals by harassment for a 
period of up to 1 year. Under this provision, the U.S. Air Force 
applied on January 24, 1996, for a 1-year authorization to incidentally 
take by harassment a small numbers of harbor seals, California sea 
lions, northern elephant seals, northern fur seals, and possibly 
Guadalupe fur seals in the vicinity of Vandenberg, to replace the 
authorization expiring on September 24, 1996. These harassment takes 
would result from launchings of both Titan II and Titan IV rockets. A 
notice of receipt of the Titan II and IV application and a proposed 
authorization was published on March 15, 1996 (61 FR 10727) and a 30-
day public comment period was provided on the application and proposed 
authorization.
    NMFS anticipates that this 1-year authorization, if issued, along 
with others issued previously for Lockheed launch vehicles (60 FR 
38308, July 26, 1995 and 61 FR 38437, July 24, 1996) and McDonnell 
Douglas Delta II launch vehicles (60 FR 52653, October 10, 1995; see 
also 61 FR 45404, August 29, 1996), will be replaced later this year by 
new regulations, under section 101(a)(5)(A) of the MMPA, authorizing 
and governing incidental take of marine mammals by launches of all 
rocket types from Vandenberg. An application for such an authorization 
is presently under development by the U.S. Air Force.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated 
authority to sign material for publication in the Federal Register to 
the Assistant Administrator for Fisheries, NOAA (AA).

Classification

    This final rule is exempt from review under E.O. 12866. Because 
this rule only removes unnecessary and outdated text, the AA, under 
section 553(b)(B) and (d) of the Administrative Procedure Act, for good 
cause finds that it is unnecessary to provide prior notice and 
opportunity for public comment on this rule or to delay for 30 days its 
effective date. Because this rule is being issued without prior notice 
and opportunity for public comment, a regulatory flexibility analysis 
is not required under the Regulatory Flexibility Act, and none has been 
prepared. This rule is not expected to result in economic costs to the 
public.
    This action is categorically excluded from the requirement to 
prepare an environmental assessment by section 6.02b.3(b) (ii) (aa) of 
NOAA Administrative Order 216-6 as revised.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a 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. This final rule does not 
contain a collection-of-information requirement for purposes of the 
Paperwork Reduction Act.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 216

    Administrative practice and procedure, Imports, Indians, Marine 
mammals, Penalties, Reporting and recordkeeping requirements, 
Transportation.

    Dated: September 25, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service, National Oceanic and Atmospheric Administration.
    For the reasons set out in the preamble, 15 CFR chapter IX and 50 
CFR chapter II are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.


Sec. 902.1  [Amended]

    2. In Sec. 902.1, paragraph (b), the table is amended by removing, 
in the left column under 50 CFR, the entry ``216.125'' and, in the 
right column, the corresponding OMB control number.

50 CFR Chapter II

PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

    3. The authority citation for part 216 continues to read as 
follows:

    Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

Subpart K--[Removed and Reserved]

    4. Subpart K (Secs. 216.121 through 216.126) is removed and 
reserved.
[FR Doc. 96-25161 Filed 9-30-96; 8:45 am]
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