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

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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