Taking and Importing Marine Mammals

73794 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules necessary to issue an Order to Show PART 73—RADIO BROADCAST section, remove ‘‘, Notice of Proposed Cause because the permittee has SERVICES Rulemaking, 78 FR 1188 (January 8, voluntarily consented to this channel 2012) (NPRM or 3.5 GHz NPRM)’’. change. ■ 1. The authority citation for part 73 4. On page 72852, in the center The document also solicits comment continues to read as follows: column, revise the subject heading on whether Stations WMOM(FM) and Authority: 47 U.S.C. 154, 303, 334, 336 and ‘‘Synopsis of the Public Notice of WMLQ(FM) would seek reimbursement 339. Proposed Rulemaking’’ to read ‘‘Synopsis of the Document’’. for application costs in implementing § 73.202 [Amended] these channel changes in the event that 5. Beginning on page 72852, in the ■ 2. Section 73.202(b), the Table of FM we delete Channel 274A at Evart and, if third column, at the second paragraph Allotments under Michigan, is amended so, whether these expenses are of section I (Introduction) in the by removing, Evart, Channel 274A; by reimbursable and by whom. Conversely, SUPPLEMENTARY INFORMATION section, removing Chanel 249A at Ludington if we retain Channel 274A at Evart, the revise the terms ‘‘proposed rule’’ and and by adding Channel 242A at document solicits comment on whether ‘‘notice of proposed rulemaking’’ to read Ludington. the holder of the Ludington ‘‘document’’. construction permit would consent to [FR Doc. 2013–29293 Filed 12–6–13; 8:45 am] Dated: December 4, 2013. reimburse Station WMLQ(FM) for the BILLING CODE 6712–01–P Federal Communications Commission. costs of its channel change because the Gloria J. Miles, Ludington permittee would not have to FEDERAL COMMUNICATIONS Federal Register Liaison. wait for the auctioning of the Evart COMMISSION [FR Doc. 2013–29294 Filed 12–4–13; 4:15 pm] allotment in order to commence BILLING CODE 6712–01–P operations at Ludington. 47 CFR Part 95 Finally, the proposed reference [GN Docket No. 12–354; FCC 13–144] coordinates for Channel 274A at DEPARTMENT OF COMMERCE Penwater are 43–52–10 NL and 86–21– Commission Seeks Comment on 32 WL. With respect to Ludington, a Licensing Models and Technical National Oceanic and Atmospheric staff engineering analysis reveals that Requirements in the 3550–3650 MHz Administration the transmitter site specified in the Band; Correction construction permit for Channel 249A at 50 CFR Part 217 Ludington is not fully spaced if we AGENCY: Federal Communications substitute Channel 242A. We have Commission. [Docket No. 130820738–3738–01] identified an alternate site for Channel ACTION: Proposed rule; correction. 242A at Ludington that is fully spaced RIN 0648–BD62 at reference coordinates 43–54–30 NL SUMMARY: This document corrects a and 86–26–10 WL. The proposed document published in the Federal Taking and Importing Marine reference coordinates for Channel 249A Register on December 4, 2013. This Mammals; Taking Marine Mammals at Manistee are 44–14–07 NL and 86– correction notes that the document Incidental to U.S. Air Force Launches, 19–05 WL. incorrectly referred to itself as a Aircraft and Helicopter Operations, and ‘‘proposed rule’’ or ‘‘notice of proposed Harbor Activities Related To Launch Provisions of the Regulatory rulemaking’’ rather than a ‘‘document.’’ Vehicles From Vandenberg Air Force Flexibility Act of l980 do not apply to In addition, the reply comment date for Base (VAFB), California this proceeding. Members of the public the document is December 20, 2013, and should note that from the time a Notice AGENCY: not March 20, 2013. National Marine Fisheries of Proposed Rule Making is issued until Service (NMFS), National Oceanic and the matter is no longer subject to DATES: The comment due date for the Atmospheric Administration (NOAA), Commission consideration or court proposed rule published December 4, Commerce. 2013, at 78 FR 72851, remains December review, all ex parte contacts are ACTION: 5, 2013. Reply comments are due Proposed rule; request for prohibited in Commission proceedings, comments. such as this one, which involve channel December 20, 2013. allotments. See 47 CFR 1.1204(b) for FOR FURTHER INFORMATION CONTACT: Paul SUMMARY: NMFS has received a request rules governing permissible ex parte Powell, Attorney Advisor, Wireless from the U.S. Air Force (USAF) for contacts. Bureau—Mobility Division at (202) 418– authorization to take marine mammals, For information regarding proper 1613 or [email protected]. specifically pinnipeds, by harassment, filing procedures for comments, see 47 SUPPLEMENTARY INFORMATION: incidental to launches, aircraft and CFR 1.415 and 1.420. helicopter operations from VAFB Correction launch complexes and Delta Mariner List of Subjects in 47 CFR Part 73 In FR Doc. 2013–28254, in the issue operations, cargo unloading activities, of December 4, 2013, at 78 FR 72851, and harbor maintenance dredging in Radio, Radio broadcasting. make the following corrections: support of the Delta IV/Evolved Federal Communications Commission. 1. On page 72851, in the SUMMARY Expendable Launch Vehicle (EELV) Nazifa Sawez, section, remove ‘‘notice of proposed launch activity on south VAFB from Assistant Chief, Audio Division, Media rulemaking’’ and add in its place February 2014 to February 2019. Bureau. ‘‘document.’’ Pursuant to the Marine Mammal 2. On page 72851, in the DATES Protection Act (MMPA), NMFS is For the reasons discussed in the section, revise the reply comment date requesting comments on its proposal to preamble, the Federal Communications to read ‘‘December 20, 2013.’’ issue regulations and subsequent Letters Commission proposes to amend 47 CFR 3. On page 72852, in the left column of Authorization (LOAs) to the USAF to Part 73 as follows: in the SUPPLEMENTARY INFORMATION incidentally harass marine mammals. VerDate Mar<15>2010 15:53 Dec 06, 2013 Jkt 232001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\09DEP1.SGM 09DEP1 maindgalligan on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules 73795 DATES: Comments and information must not intentional taking of small numbers support of the Delta IV/EELV launch be received no later than January 8, of marine mammals by U.S. citizens activity from Space Launch Complex 6 2014. who engage in a specified activity (other on south VAFB. NMFS proposes ADDRESSES: You may submit comments than commercial fishing) within a regulations to govern these activities, to on this document, identified by 0648– specified geographical region if certain be effective from February 7, 2014, BD62, by any one of the following findings are made and either regulations through February 7, 2019. The USAF is methods: are issued or, if the taking is limited to requesting a 5-year LOA for these • Electronic Submissions: Submit all harassment, notice of a proposed activities. These training activities are electronic public comments via the authorization is provided to the public classified as military readiness Federal e-Rulemaking Portal. Go to: for review. activities. The USAF states that these www.regulations.gov, enter 0648–BD62 Authorization for incidental takings activities may result in take of marine may be granted if NMFS finds that the in the ‘‘Search’’ box, click the mammals from noise or visual taking will have a negligible impact on ‘‘Comment Now!’’ icon, complete the disturbance from rocket and missile the species or stock(s), will not have an required fields, and enter or attach your launches, as well as from the use of unmitigable adverse impact on the comments. heavy equipment during the Delta • Mail: Submit written comments to availability of the species or stock(s) for Mariner off-loading operations, cargo P. Michael Payne, Chief, Permits and certain subsistence uses, and that the movement activities, increased presence permissible methods of taking and Conservation Division, Office of of personnel, and harbor maintenance requirements pertaining to the Protected Resources, National Marine dredging. The USAF requests mitigation, monitoring and reporting of Fisheries Service, 1315 East-West authorization to take annually five such taking are set forth. NMFS has Highway, Silver Spring, MD 20910. pinniped species by Level B • Fax: 301–713–0376, Attn: Candace defined ‘‘negligible impact’’ in 50 CFR Harassment. Nachman. 216.103 as: ‘‘an impact resulting from Activities relating to the Delta Instructions: Comments sent by any the specified activity that cannot be Mariner operations have been other method, to any other address or reasonably expected to, and is not previously authorized by NMFS under individual, or received after the end of reasonably likely to, adversely affect the annual Incidental Harassment the comment period, may not be species or stock through effects on Authorizations (IHAs). To date, we have considered by NMFS. All comments annual rates of recruitment or survival.’’ issued 10 IHAs to United Launch The National Defense Authorization received are a part of the public record Alliance (working on behalf of the Act of 2004 (NDAA) (Pub. L. 108–136) and will generally be posted to http:// USAF) to take marine mammals removed the ‘‘small numbers’’ and www.regulations.gov without change. incidental to conducting operations in ‘‘specified geographical region’’ support of Delta IV/EELV launch All Personal Identifying Information (for limitations and amended the definition example, name, address, etc.) activity from Space Launch Complex of ‘‘harassment’’ as it applies to a (SLC) 6. The most recent IHAs was voluntarily submitted by the commenter ‘‘military readiness activity’’ to read as may be publicly accessible. Do not effective from September 26, 2012, follows (Section 3(18)(B) of the MMPA): through September 25, 2013. Through submit Confidential Business ‘‘(i) Any act that injures or has the Information or otherwise sensitive or this proposed rulemaking, NMFS and significant potential to injure a marine the USAF are incorporating the Delta protected information.

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