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Federal Register/Vol. 84, No. 16/Thursday, January 24, 2019 Federal Register / Vol. 84, No. 16 / Thursday, January 24, 2019 / Proposed Rules 321 (b) * * * #!docketDetail;D=NOAA-NMFS-2018- Level B harassment incidental to launch (1)The QHP issuer must comply with 0047, click the ‘‘Comment Now!’’ icon, noise and sonic booms. Please see applicable requirements in § 155.221 of complete the required fields, and enter ‘‘Background’’ below for definitions of this subchapter. or attach your comments. Alternately, harassment. electronic comments may be emailed to * * * * * Legal Authority for the Proposed Action [email protected]. Dated: December 14, 2018. • Mail: Submit comments to Jolie Section 101(a)(5)(A) of the MMPA (16 Seema Verma, Harrison, Chief, Permits and U.S.C. 1371(a)(5)(A)) directs the Administrator, Centers for Medicare & Conservation Division, Office of Secretary of Commerce to allow, upon Medicaid Services. Protected Resources, National Marine request, the incidental, but not Dated: December 18, 2018. Fisheries Service, 1315 East-West intentional taking of small numbers of Alex M. Azar II, Highway, Silver Spring, MD 20910– marine mammals by U.S. citizens who Secretary, Department of Health and Human 3225. engage in a specified activity (other than Services. Instructions: Comments sent by any commercial fishing) within a specified [FR Doc. 2019–00077 Filed 1–17–19; 4:15 pm] other method, to any other address or geographical region for up to five years BILLING CODE 4120–01–P individual, or received after the end of if, after notice and public comment, the the comment period, may not be agency makes certain findings and considered by NMFS. All comments issues regulations that set forth DEPARTMENT OF COMMERCE received are a part of the public record permissible methods of taking pursuant and will generally be posted for public to that activity and other means of National Oceanic and Atmospheric viewing on www.regulations.gov effecting the ‘‘least practicable adverse Administration without change. All personal identifying impact’’ on the affected species or information (e.g., name, address, etc.), stocks and their habitat (see the 50 CFR Part 217 confidential business information, or discussion below in the ‘‘Proposed otherwise sensitive information Mitigation’’ section), as well as RIN 0648–BI44 submitted voluntarily by the sender may monitoring and reporting requirements. Taking and Importing Marine be publicly accessible. Do not submit Section 101(a)(5)(A) of the MMPA and Mammals; Taking Marine Mammals Confidential Business Information or the implementing regulations at 50 CFR Incidental to U.S. Air Force Launches otherwise sensitive or protected part 216, subpart I, provide the legal and Operations at Vandenberg Air information. NMFS will accept basis for issuing this proposed rule Force Base, California anonymous comments (enter ‘‘N/A’’ in containing five-year regulations, and for the required fields if you wish to remain any subsequent LOAs. As directed by AGENCY: National Marine Fisheries anonymous). Attachments to electronic this legal authority, this proposed rule Service (NMFS), National Oceanic and comments will be accepted in Microsoft contains mitigation, monitoring, and Atmospheric Administration (NOAA), Word, Excel, or Adobe PDF file formats reporting requirements. Commerce. only. Summary of Major Provisions Within ACTION: Proposed rule; request for FOR FURTHER INFORMATION CONTACT: the Proposed Rule comments. Jordan Carduner, Office of Protected Following is a summary of the major Resources, NMFS; phone: (301) 427– provisions of this proposed rule SUMMARY: NMFS has received a request 8401. from the U.S. Air Force (USAF) for regarding space launch activities. These authorization to take marine mammals SUPPLEMENTARY INFORMATION: measures include: • incidental to launching space launch Availability Required acoustic monitoring to vehicles, intercontinental ballistic and measure the sound levels associated A copy of the USAF’s application and with the proposed activities. small missiles, and aircraft and • helicopter operations at Vandenberg Air any supporting documents, as well as a Required biological monitoring to Force Base (VAFB) from March 2019 to list of the references cited in this record the presence of marine mammals March 2024. As required by the Marine document, may be obtained online at: during the proposed activities and to Mammal Protection Act (MMPA), NMFS www.fisheries.noaa.gov/permit/ document responses to the proposed incidental-take-authorizations-under- activities. is proposing regulations to govern that • take, and requests comments on the marine-mammal-protection-act. In case Mitigation measures to minimize proposed regulations. NMFS will of problems accessing these documents, harassment of the most sensitive marine consider public comments prior to please call the contact listed above (see mammal species. FOR FURTHER INFORMATION CONTACT). making any final decision on the Background issuance of the requested incidental take Purpose and Need for Regulatory Sections 101(a)(5)(A) and (D) of the regulations and agency responses will Action MMPA (16 U.S.C. 1361 et seq.) direct be summarized in the final notice of our This proposed rule would establish a the Secretary of Commerce to allow, decision. framework under the authority of the upon request, the incidental, but not DATES: Comments and information must MMPA (16 U.S.C. 1361 et seq.) to allow intentional, taking of small numbers of be received no later than February 22, for the authorization of take of marine marine mammals by U.S. citizens who 2019. mammals incidental to launching space engage in a specified activity (other than ADDRESSES: You may submit comments, launch vehicles, intercontinental commercial fishing) within a specified identified by NOAA–NMFS–2018–0047, ballistic and small missiles, and aircraft geographical region if certain findings by any of the following methods: and helicopter operations at VAFB. are made and either regulations are • Electronic submissions: submit all We received an application from the issued or, if the taking is limited to electronic public comments via the USAF requesting the five-year harassment, a notice of a proposed Federal eRulemaking Portal, Go to regulations and authorization to take authorization is provided to the public www.regulations.gov/ marine mammals. Take would occur by for review. VerDate Sep<11>2014 16:05 Jan 23, 2019 Jkt 247001 PO 00000 Frm 00095 Fmt 4702 Sfmt 4702 E:\FR\FM\24JAP1.SGM 24JAP1 amozie on DSK3GDR082PROD with PROPOSALS1 322 Federal Register / Vol. 84, No. 16 / Thursday, January 24, 2019 / Proposed Rules An authorization for incidental take authorization for public review and (ICBMs) and sub-orbital target and takings shall be granted if NMFS finds comment. We will review all comments interceptor missiles. In addition to the that the taking will have a negligible submitted in response to this proposed launching of rockets, certain rocket impact on the species or stock(s), will rule prior to concluding our NEPA components are returned to VAFB for not have an unmitigable adverse impact process or making a final decision on reuse, using in-air ‘‘boost-back’’ on the availability of the species or the request for incidental take maneuvers and landings at the base. In stock(s) for subsistence uses (where authorization. addition to space vehicle and missile relevant), and if the permissible launch activities at VAFB, occasional methods of taking and requirements Summary of Request helicopter and aircraft operations occur pertaining to the mitigation, monitoring On August 10, 2018, NMFS received at VAFB that involve search-and-rescue, and reporting of such takings are set an application from the USAF, 30th delivery of space vehicle components, forth. Space Wing, requesting authorization launch mission support, security NMFS has defined ‘‘negligible for the take of six species of pinnipeds reconnaissance, and training flights. The impact’’ in 50 CFR 216.103 as an impact incidental to launch, aircraft, and use of unmanned aerial systems (UAS, resulting from the specified activity that helicopter operations from VAFB also known as ‘‘drones’’) also occurs at cannot be reasonably expected to, and is launch complexes. On December 4, VAFB. not reasonably likely to, adversely affect 2018, NMFS received a supplement to The USAF anticipates that no more the species or stock through effects on the application from USAF that than 110 rocket launches and 15 missile annual rates of recruitment or survival. included a request to include activities launches would occur in any year The MMPA states that the term ‘‘take’’ associated with the recovery of Space during the period of authorized means to harass, hunt, capture, kill or Exploration Technologies (SpaceX) activities (Table 1). This number of attempt to harass, hunt, capture, or kill Falcon 9 First Stage rockets in VAFB’s launches would represent an increase any marine mammal. request. NMFS proposes regulations to compared to historical launch activity at Except with respect to certain govern the authorization of take VAFB, but the USAF anticipates an activities not pertinent here, the MMPA incidental to these activities. On increase in the number of launches in defines ‘‘harassment’’ as: any act of September 13, 2017 (83 FR 46483), we the near future and has based their pursuit, torment, or annoyance which (i) published a notice of receipt of the estimate of planned rocket launches on has the potential to injure a marine USAF’s application in the Federal this anticipated increase. mammal
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