[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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