[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Notices]
[Pages 60109-60113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24204]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC187


Takes of Marine Mammals Incidental to Specified Activities; 
Harbor Activities Related to the Delta IV/Evolved Expendable Launch 
Vehicle at Vandenberg Air Force Base, CA

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) 
regulations, notification is hereby given that NMFS has issued an 
Incidental Harassment Authorization (IHA) to United Launch Alliance 
(ULA), to take marine mammals, by Level B harassment, incidental to 
conducting Delta Mariner activities related to the Delta IV/Evolved 
Expendable Launch Vehicle (Delta IV/EELV) at south Vandenberg Air Force 
Base, CA (VAFB).

DATES: Effective September 26, 2012, through September 25, 2013.

ADDRESSES: To obtain an electronic copy of the authorization, 
application, and associated Environmental Assessment (EA) and Finding 
of No Significant Impact (FONSI), write to the previously mentioned 
address, telephone the contact listed here (see FOR FURTHER INFORMATION 
CONTACT), or download the file at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    Documents cited in this notice may also be viewed, by appointment, 
during regular business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of 
Protected Resources, NMFS (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Background

    Section 101(a)(5)(D) of the MMPA (MMPA; 16 U.S.C. 1361 et seq.) 
directs the Secretary of Commerce to authorize, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals of a species or population stock, by United States citizens who 
engage in a specified activity (other than commercial fishing) within a 
specified geographical region if: (1) We make certain findings; (2) the 
taking is limited to harassment; and (3) we provide a notice of a 
proposed authorization to the public for review.
    Authorization shall be granted for the incidental taking of small 
numbers of marine mammals if we, NMFS, find that the taking will have a 
negligible impact on the species or stock(s), and will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant). The authorization must 
set forth the permissible methods of taking; other means of effecting 
the least practicable adverse impact on the species or stock and its 
habitat; and requirements pertaining to the mitigation, monitoring and 
reporting of such takings.
    We have defined ``negligible impact'' in 50 CFR 216.103 as ``an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.''
    Section 101(a)(5)(D) of the Marine Mammal Protection Act 
established 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. Section 101(a)(5)(D) of the Act 
establishes a 45-day time limit for our review of an application 
followed by a 30-day public notice and comment period on any proposed 
authorizations for the incidental harassment of small numbers of marine 
mammals. Within 45 days of the close of the public comment period, we 
must either issue or deny the authorization and must publish a notice 
in the Federal Register within 30 days of our determination to issue or 
deny the authorization.
    Except with respect to certain activities not applicable here, the 
Marine Mammal Protection Act defines ``harassment'' as: Any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild [Level A harassment]; 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering [Level B harassment].

Summary of Request

    We received an application on May 7, 2012, from United Launch 
Alliance requesting the taking, by Level B harassment only, of small 
numbers of marine mammals, incidental to conducting Delta Mariner 
harbor operations for one year. We determined the application complete 
and adequate on June 5, 2012.

[[Page 60110]]

    These activities (i.e., transport vessel operations, cargo movement 
activities, and harbor maintenance dredging) will support Delta IV/EELV 
launch activities from the Space Launch Complex at Vandenberg Air Force 
Base (Base) and would occur in the vicinity of a known pinniped haul 
out site (Small Haul-out Site 1 in the Application) located in 
a harbor on the southwest section of the Base.
    Acoustic and visual stimuli generated by the use of heavy equipment 
during the Delta Mariner off-loading operations and the cargo movement 
activities, the increased presence of personnel, and harbor maintenance 
dredging may have the potential to cause California sea lions (Zalophus 
californianus), Pacific harbor seals (Phoca vitulina), and Northern 
elephant seals (Mirounga angustirostris) hauled out on Small Haul-out 
Site 1 to flush into VAFB Harbor or to cause a short-term 
behavioral disturbance for marine mammals in the area. These types of 
disturbances are the principal means of marine mammal taking associated 
with these activities, and ULA has requested an authorization to take 
1,075 Pacific harbor seals; 86 California sea lions; and 43 Northern 
elephant seals by Level B harassment only.
    We have outlined the purpose of the program in a previous notice 
for the proposed Authorization (77 FR 38587, June 28, 2012). ULA's 
proposed activities have not changed between the proposed IHA notice 
and this final notice announcing the issuance of the Authorization. For 
a more detailed description of the authorized action, including a 
discussion of associated noise sources from the harbor operations, 
refer to the notice of the proposed IHA (77 FR 38587, June 28, 2012) 
and the application for a more detailed description of the authorized 
action.
    This is ULA's tenth request for an Authorization and they have 
requested take of Pacific harbor seals; California sea lions; and 
Northern elephant seals by Level B harassment only. To date, we have 
issued nine, 1-year, Incidental Harassment Authorizations to them for 
the same activities from 2002 to 2011, with the last Authorization 
expiring on June 6, 2012 (76 FR 33721, June 9, 2011).

Description of the Specified Geographic Region

    The activities will take place in or near the VAFB harbor located 
on the central coast of California at 34[deg]33' N, 120[deg]36' W in 
the northeast Pacific Ocean. The harbor is approximately 2.5 miles (mi) 
(4.02 kilometers (km)) south of Point Arguello, CA, and approximately 1 
mi (1.61 km) south of the nearest marine mammal rookery.

Comments and Responses

    We published a notice of receipt of the ULA application and 
proposed IHA in the Federal Register on June 28, 2012 (77 FR 38587). 
During the 30-day public comment period, we received one comment from 
the Marine Mammal Commission (Commission).
    Comment 1: The Commission recommended that we issue the IHA, 
subject to inclusion of the proposed mitigation and monitoring 
measures.
    Response: The issued IHA will include all of the mitigation and 
monitoring measures that we proposed in the notice of the proposed IHA 
(77 FR 38587, June 28, 2012).

Description of Marine Mammals in the Area of the Specified Activity

    The marine mammal species most likely to be harassed incidental to 
conducting Delta Mariner activities at the Base are the California sea 
lion, the Pacific harbor seal, and the northern elephant seal. 
California sea lions, Pacific harbor seals, and northern elephant seals 
are not listed as threatened or endangered under the U.S. Endangered 
Species Act of 1973 (ESA; 16 U.S.C. 1531 et seq.), nor are they 
categorized as depleted under the MMPA.
    Other cetaceans that have the potential to transit in the vicinity 
of the Base's harbor include the short-beaked common dolphin (Delphinus 
delphis), the Pacific white-sided dolphin (Lagenorhynchus obliquidens), 
and the gray whale (Eschrichtius robustus). However, these species are 
rare in the immediate harbor area. We included a more detailed 
discussion of the status of these stocks and their occurrence at the 
Base in the notice of the proposed IHA (77 FR 38587, June 28, 2012).

Potential Effects on Marine Mammals

    Acoustic and visual stimuli generated by: The use of heavy 
equipment during the Delta Mariner off-loading operations and harbor 
dredging and the increased presence of personnel may have the potential 
to cause Level B harassment of any pinnipeds hauled out in the VAFB 
harbor. This disturbance from acoustic and visual stimuli is the 
principal means of marine mammal taking associated with these 
activities.
    The effects of the harbor activities would be limited to short-term 
startle responses and localized behavioral changes and have the 
potential to temporarily displace the animals from a haul out site. We 
would expect the pinnipeds to return to a haulout site within 60 
minutes of the disturbance (Allen et al., 1985) and do not expect that 
the pinnipeds would permanently abandon a haul-out site during the 
conduct of harbor maintenance and Delta Mariner operations.
    None of ULA's operations would occur on pinniped rookeries; 
therefore, we do not expect mother and pup separation or crushing of 
pups to occur. For a more detailed discussion of the sound levels 
produced by the equipment, behavioral reactions of marine mammals to 
loud noises or looming visual stimuli, and some specific observations 
of the response of marine mammals to this activity gathered during 
previous monitoring, we refer the reader to the notice of the proposed 
IHA (77 FR 38587, June 28, 2012), the application, and associated 
documents.

Anticipated Effects on Habitat

    We do not anticipate that the proposed operations would result in 
any temporary or permanent effects on the habitats used by the marine 
mammals in the proposed area, including the food sources they use (i.e. 
fish and invertebrates). We do not anticipate that there would be any 
physical damage to any habitat. While we anticipate that the specified 
activity may result in marine mammals avoiding certain areas due to 
temporary ensonification and human presence, this impact to habitat is 
temporary and reversible which we considered in detail in the notice of 
the proposed IHA (77 FR 38587, June 28, 2012), as behavioral 
modification.

Mitigation

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the Marine Mammal Protection Act, we must set forth the 
permissible methods of taking pursuant to such activity, and other 
means of effecting the least practicable adverse impact on such species 
or stock and its habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance, and the availability 
of such species or stock for taking for certain subsistence uses.
    ULA has based the mitigation measures described herein, to be 
implemented for harbor operations, on the following:
    (1) Protocols used during previous operations as required by us; 
and
    (2) Previous Authorization applications and Authorizations issued 
by us.
    To reduce the potential for disturbance from visual and acoustic 
stimuli associated with the activities,

[[Page 60111]]

ULA/and or its designees shall implement the following mitigating 
measures for marine mammals:
    (1) If activities occur during nighttime hours, United Launch 
Alliance will turn on lighting equipment before dusk. The lights would 
remain on for the entire night to avoid startling pinnipeds.
    (2) Initiate operations before dusk.
    (3) Keep construction noises at a constant level (i.e., not 
interrupted by periods of quiet in excess of 30 minutes) while 
pinnipeds are present.
    (4) If activities cease for longer than 30 minutes and pinnipeds 
are in the area, United Launch Alliance would initiate a gradual start-
up of activities to ensure a gradual increase in noise levels.
    (5) A qualified marine mammal observer would visually monitor the 
harbor seals on the beach adjacent to the harbor and on rocks for any 
flushing or other behaviors as a result of United Launch Alliance's 
activities (see Proposed Monitoring).
    (6) The Delta Mariner and accompanying vessels would enter the 
harbor only when the tide is too high for harbor seals to haul-out on 
the rocks; reducing speed to 1.5 to 2 knots (1.5-2.0 nm/hr; 2.8-3.7 km/
hr) once the vessel is within 3 mi (4.83 km) of the harbor. The vessel 
would enter the harbor stern first, approaching the wharf and moorings 
at less than 0.75 knot (1.4 km/hr).
    (7) As United Launch Alliance explores alternate dredge methods, 
the dredge contractor may introduce quieter techniques and equipment.
    We have carefully evaluated the applicant's proposed mitigation 
measures and have considered a range of other measures in the context 
of ensuring that we prescribe the means of effecting the least 
practicable impact on the affected marine mammal species and stocks and 
their habitat. Our evaluation of potential measures included 
consideration of the following factors in relation to one another:
    (1) the manner in which, and the degree to which, the successful 
implementation of the measure is expected to minimize adverse impacts 
to marine mammals;
    (2) the proven or likely efficacy of the specific measure to 
minimize impacts as planned; and
    (3) the practicability of the measure for applicant implementation.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by us or recommended by the public, 
we have determined that the mitigation measures provide the means of 
effecting the least practicable adverse impacts on marine mammals 
species or stocks and their habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance.

Monitoring

    In order to issue an ITA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking''. The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for IHAs 
must include the suggested means of accomplishing the necessary 
monitoring and reporting that will result in increased knowledge of the 
species and of the level of taking or impacts on populations of marine 
mammals that are expected to be present in the action area.
    ULA will sponsor a marine mammal monitor during the present 
project, in order to implement the mitigation measures thus satisfying 
the monitoring requirements of the IHA. ULA's monitoring activities 
will consist of:
    (1) Designating a qualified and biologically trained observer 
monitoring the area for pinnipeds during all harbor activities. During 
nighttime activities, the monitor would use a night vision scope.
    (2) Conducting baseline observation of pinnipeds in the project 
area prior to initiating project activities.
    (3) Conducting and recording observations on pinnipeds in the 
vicinity of the harbor for the duration of the activity occurring when 
tides are low enough (less than or equal to 2 ft (0.61 m) for pinnipeds 
to haul out.
    (4) Conducting post-construction observations of pinniped haul-outs 
in the project area to determine whether animals disturbed by the 
project activities return to the haul-out.

Reporting

    United Launch Alliance will notify us two weeks prior to initiation 
of each activity. After the completion of each activity, they will 
submit a draft final monitoring report to us within 120 days to the 
Director of the Office of Protected Resources at our headquarters. If 
United Launch Alliance receives no comments from us on the draft Final 
Monitoring Report, we would consider the draft Final Monitoring Report 
to be the Final Monitoring Report.
    The final report would provide dates, times, durations, and 
locations of specific activities, details of pinniped behavioral 
observations, and estimates of numbers of affected pinnipeds and 
impacts (behavioral or other). In addition, the report would include 
information on the weather, tidal state, horizontal visibility, and 
composition (species, gender, and age class) and locations of haul-out 
group(s).
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the 
authorization (if issued), such as an injury (Level A harassment), 
serious injury or mortality (e.g., ship-strike, gear interaction, and/
or entanglement), United Launch Alliance shall immediately cease the 
specified activities and immediately report the incident to the 
Incidental Take Program Supervisor, Permits and Conservation Division, 
Office of Protected Resources, NMFS, at 301-427-8401 and/or by email to 
[email protected] and [email protected] and to the Southwest 
Regional Stranding Coordinator at (562) 980-3230 
([email protected]). The report must include the following 
information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Status of all sound source use in the 24 hours preceding 
the incident;
     Water depth;
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    United Launch Alliance shall not resume its activities until we are 
able to review the circumstances of the prohibited take. We shall work 
with them to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure Marine Mammal Protection Act 
compliance. They may not resume their activities until notified by us 
via letter, email, or telephone.
    In the event that United Launch Alliance discovers an injured or 
dead marine mammal, and the observer determines that the cause of the 
injury or death is unknown and the death is relatively recent (i.e., in 
less than a moderate state of decomposition as we describe in the next 
paragraph), the United Launch Alliance will immediately report the 
incident to the Incidental Take Program Supervisor, Permits and 
Conservation Division, Office of Protected Resources, at 301-427-8401 
and/or by email to

[[Page 60112]]

[email protected] and [email protected] and to the Southwest 
Regional Stranding Coordinator at (562) 980-3230 
([email protected]). The report must include the same information 
identified in the paragraph above this section. Activities may continue 
while we review the circumstances of the incident. We will work with 
the United Launch Alliance to determine whether modifications in the 
activities are appropriate.
    In the event that United Launch Alliance discovers an injured or 
dead marine mammal, and the observer determines that the injury or 
death is not associated with or related to the authorized activities 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), United Launch Alliance will report 
the incident to the Incidental Take Program Supervisor, Permits and 
Conservation Division, Office of Protected Resources, at 301-427-8401 
and/or by email to [email protected] and [email protected] and 
the Southwest Regional Stranding Coordinator at (562) 980-3230 
([email protected]), within 24 hours of the discovery. United 
Launch Alliance will provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
us.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the 
Marine Mammal Protection Act defines ``harassment'' as: any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild [Level A harassment]; 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering [Level B harassment].
    We anticipate take by Level B harassment only as a result of the 
harbor maintenance and Delta Mariner operations in the VAFB harbor. 
Based on previous monitoring reports, with the same activities 
conducted in the proposed operations area, we estimate that 
approximately 1,161 Pacific harbor seals; 86 California sea lions; and 
43 northern elephant seals could be potentially affected by Level B 
behavioral harassment over the course of the period of effectiveness of 
the proposed Authorization. We base these estimates on historical 
pinniped survey counts from 2001 to 2011 and calculated takes by 
multiplying the average of the maximum abundance by 43 days (i.e., the 
total number of operational days). Thus, United Launch Alliance 
requests an Authorization to incidentally harass approximately 1,161 
Pacific harbor seals (27 animals times 43 days), 86 California sea 
lions (2 animals times 43 days), and 43 northern elephant seals (1 
animal times 43 days).
    For this IHA, NMFS has authorized the take of 1,161 Pacific harbor 
seals, 86 California sea lions, and 43 northern elephant seals. Because 
of the required mitigation measures and the likelihood that some 
pinnipeds will avoid the area due to wave inundation of the haulout 
area, we expects no injury, serious injury, or mortality to occur, and 
no takes by injury or mortality are authorized.

Negligible Impact and Small Numbers Analysis and Determination

    We have defined ``negligible impact'' in 50 CFR 216.103 as ``* * * 
an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.'' In making a negligible impact determination, 
we consider:
    (1) The number of anticipated injuries, serious injuries, or 
mortalities;
    (2) The number, nature, and intensity, and duration of Level B 
harassment (all relatively limited); and
    (3) The context in which the takes occur (i.e., impacts to areas of 
significance, impacts to local populations, and cumulative impacts when 
taking into account successive/contemporaneous actions when added to 
baseline data);
    (4) The status of stock or species of marine mammals (i.e., 
depleted, not depleted, decreasing, increasing, stable, impact relative 
to the size of the population);
    (5) Impacts on habitat affecting rates of recruitment/survival; and
    (6) The effectiveness of monitoring and mitigation measures.
    As mentioned previously, we estimate that three species of marine 
mammals could be potentially affected by Level B harassment over the 
course of the Authorization. For each species, these numbers are small 
relative to the population size. These incidental harassment numbers 
represent 0.03 percent of the U.S. stock of California sea lion, 3.8 
percent of the California stock of Pacific harbor seal, and 0.03 
percent of the California breeding stock of northern elephant seal.
    For reasons stated previously in this document, United Launch 
Alliance's specified activities are not likely to cause long-term 
behavioral disturbance, abandonment of the haulout area, serious 
injury, or mortality because:
    (1) The effects of the harbor activities are expected to be limited 
to short-term startle responses and localized behavioral changes. Minor 
and brief responses, such as short-duration startle or alert reactions, 
are not likely to constitute disruption of behavioral patterns, such as 
migration, nursing, breeding, feeding, or sheltering.
    (2) The likelihood that marine mammal detection by trained, visual 
observers is high at close proximity the harbor;
    (3) Delta Mariner off-loading operations and associated cargo 
movements within the harbor would occur at a maximum frequency of four 
times per year and the vessel's arrival and departure would occur 
during daylight hours at high tide when the haulout areas are fully 
submerged and few, if any, pinnipeds are present in the harbor;
    (4) The relatively slow operational speed of the Delta Mariner (1.5 
to 2 kts; 1.72 mph) during its approach to the harbor at high tide and 
the vessel's slow operational speed (0.75 kts; 0.86 mph) during its 
approach to the wharf;
    (5) There is no potential for large-scale movements leading to 
serious injury or mortality near the south Base harbor because, 
historically, the number of harbor seals hauled out near the site is 
less than 30 individuals;
    (6) The specified activities do not occur near rookeries;
    (7) The availability of alternate areas near the harbor for 
pinnipeds to avoid the resultant noise from the maintenance and vessel 
operations. Results from previous monitoring reports that support our 
conclusions that the pinnipeds returned to the haul-out site during 
periods of low tide after the disturbance and do not permanently 
abandon a haul-out site during the conduct of harbor maintenance and 
Delta Mariner operations.
    We do not anticipate that any injuries, serious injuries, or 
mortalities would occur as a result of ULA's proposed activities, and 
we do not propose to authorize injury, serious injury or mortality. 
These species may exhibit behavioral modifications, including 
temporarily vacating the area during the proposed harbor maintenance 
and Delta Mariner operations to avoid the resultant acoustic and visual 
disturbances. Due to the nature, degree, and context of the behavioral 
harassment anticipated, the activities are not expected to impact rates 
of recruitment or survival. Further, these

[[Page 60113]]

proposed activities would not take place in areas of significance for 
marine mammal feeding, resting, breeding, or calving and would not 
adversely impact marine mammal habitat.
    We have determined, provided that ULA carries out the previously 
described mitigation and monitoring measures, that the impact of 
conducting harbor activities related to the Delta IV/Evolved Expendable 
Launch Vehicle at Vandenberg Air Force Base, CA, September 2012, 
through September 2013, may result, at worst, in a temporary 
modification in behavior and/or low-level physiological effects (Level 
B harassment) of small numbers of certain species of marine mammals.
    Based on the analysis contained here of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the mitigation and monitoring 
measures, have determined that the total taking from the proposed 
activities will have a negligible impact on the affected species or 
stocks; and that impacts to affected species or stocks of marine 
mammals would be mitigated to the lowest level practicable.
    Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses Section 101(a)(5)(D) of the Marine Mammal Protection 
Act also requires us to determine that the authorization will not have 
an unmitigable adverse effect on the availability of marine mammal 
species or stocks for subsistence use. There are no relevant 
subsistence uses of marine mammals in the study area (northeastern 
Pacific Ocean) that implicate section 101(a)(5)(D) of the Marine Mammal 
Protection Act.

Endangered Species Act (ESA)

    This action will not affect species listed under the Endangered 
Species Act that are under our jurisdiction. The U.S. Fish and Wildlife 
Service issued a Biological Opinion in August 2001, which concluded 
that the program was not likely to jeopardize the continued existence 
of the southern sea otter. The activities covered by our Incidental 
Harassment Authorization are analyzed in that Biological Opinion, and 
this Authorization does not modify the action in a manner not 
previously analyzed.

National Environmental Policy Act (NEPA)

    In 2001, the U.S. Air Force (Air Force) prepared an Environmental 
Assessment for Harbor Activities Associated with the Delta IV Program 
at Vandenberg Air Force Base. In 2005, we prepared an Environmental 
Assessment augmenting the information contained in the Air Force's EA 
and issued a Finding of No Significant Impact on the issuance of an 
Incidental Harassment Authorization for United Launch Alliance's harbor 
activities in accordance with section 6.01 of the NOAA Administrative 
Order 216-6 (Environmental Review Procedures for Implementing the 
National Environmental Policy Act, May 20, 1999). United Launch 
Alliance's proposed activities and impacts for 2012-2013 are within the 
scope of our 2005 Environmental Assessment and Finding of No 
Significant Impact. We have again reviewed the 2005 Environmental 
Assessment and determined that there are no new direct, indirect or 
cumulative impacts to the human and natural environment associated with 
the Incidental Harassment Authorization requiring evaluation in a 
supplemental Environmental Assessment and we, therefore, we reaffirm 
the 2005 Finding of No Significant Impact.

Authorization

    As a result of these determinations, NMFS has issued an IHA to ULA 
to take marine mammals, by Level B harassment only, incidental to 
conducting Delta Mariner operations, cargo unloading activities, and 
harbor maintenance activities at south VAFB, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated.

    Dated: September 26, 2012.
Helen M. Golde,
Acting Office Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2012-24204 Filed 10-1-12; 8:45 am]
BILLING CODE 3510-22-P