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Federal Register/Vol. 82, No. 12/Thursday, January 19, 2017/Proposed Rules

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Federal Register/Vol. 82, No. 12/Thursday, January 19, 2017/Proposed Rules 6456 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules American public, and we have assessed ACTION: Proposed rule; request for Availability the effects of this ANPRM to ensure that comments. A copy of AAC’s application and any it does not cause unnecessary obstacles supporting documents, as well as a list to foreign trade. Accordingly, this SUMMARY: NMFS has received an of the references cited in this document, rulemaking is consistent with Executive application, pursuant to the Marine may be obtained online at: Order 13609 and PHMSA’s obligations Mammal Protection Act (MMPA), from www.nmfs.noaa.gov/pr/permits/ under the Trade Agreement Act, as the Alaska Aerospace Corporation incidental/research.htm. In case of amended. (AAC) for authorization to take small problems accessing these documents, numbers of marine mammals incidental I. Statutory/Legal Authority for This please call the contact listed above (see to launching space launch vehicles and FOR FURTHER INFORMATION CONTACT). Rulemaking other smaller missile systems at the Federal hazardous materials Pacific Spaceport Complex Alaska Purpose and Need for Regulatory transportation law, 49 U.S.C. 5101 et (PSCA) for the period of March 15, Action seq., authorizes the Secretary of 2017, through March 14, 2022. NMFS is This proposed rule, to be issued Transportation to prescribe regulations proposing regulations to govern that under the authority of the MMPA, for the safe transportation, including take, and requests comments on the would establish a framework for security, of hazardous materials in proposed regulations. authorizing the take of marine mammals intrastate, interstate, and foreign DATES: Comments and information must incidental to launching space vehicles, commerce. The Secretary has delegated be received no later than February 21, target missiles, and other smaller this authorization to the Administrator 2017. missile systems at the PSCA. We for PHMSA. See 49 CFR 1.97. PHMSA received an application from AAC is issuing this ANPRM to gather ADDRESSES: You may submit comments requesting 5-year regulations and necessary information in development on this document by any of the authorization to take one species of of the regulatory impact analysis in following methods: marine mammals. Take would occur by support of this rulemaking. • Electronic submission: Submit all Level B harassment only, incidental to electronic public comments via the the space vehicle launches (also referred J. Regulation Identifier Number (RIN) Federal e-Rulemaking Portal. Go to to as rocket launches). The regulations A regulation identifier number (RIN) www.regulations.gov, enter 2017–0002 would be valid from March 15, 2017, to is assigned to each regulatory action in the ‘‘Search’’ box, click the March 14, 2022. Please see Background listed in the Unified Agenda of Federal ‘‘Comment Now!’’ icon, complete the below for definitions of harassment. Regulations. The Regulatory Information required fields, and enter or attach your Legal Authority for the Proposed Action Service Center publishes the Unified comments. Agenda in April and October of each • Mail: Comments should be Section 101(a)(5)(A) of the MMPA year. The RIN contained in the heading addressed to Jolie Harrison, Chief, directs the Secretary of Commerce to of this document can be used to cross- Permits and Conservation Division, allow, upon request, the incidental, but reference this action with the Unified Office of Protected Resources, National not intentional taking of small numbers Agenda. Marine Fisheries Service, 1315 East of marine mammals by U.S. citizens who engage in a specified activity (other Issued in Washington, DC, on January 13, West Highway, Silver Spring, MD 2017, under authority delegated in 49 CFR 20910. than commercial fishing) within a specified geographical region for up to part 1.97. Instructions: NMFS may not consider William Schoonover, five years if, after notice and public comments if they are sent by any other comment, the agency makes certain Associate Administrator for Hazardous method, to any other address or Materials Safety, Pipeline and Hazardous findings and issues regulations that set individual, or received after the end of forth permissible methods of taking Materials Safety Administration. the comment period. Attachments to [FR Doc. 2017–01240 Filed 1–18–17; 8:45 am] pursuant to that activity, as well as electronic comments will be accepted in monitoring and reporting requirements. BILLING CODE 4910–60–P Microsoft Word or Excel or Adobe PDF Section 101(a)(5)(A) of the MMPA and file formats only. To help NMFS process the implementing regulations at 50 CFR and review comments more efficiently, part 216, subpart I provide the legal DEPARTMENT OF COMMERCE please use only one method to submit basis for issuing this proposed rule comments. All comments received are a containing 5-year regulations, and for National Oceanic and Atmospheric part of the public record and will Administration any subsequent Letters of Authorization generally be posted on (LOA). As directed by this legal www.regulations.gov without change. 50 CFR Part 217 authority, this proposed rule contains All personal identifying information mitigation, monitoring, and reporting [Docket No. 160809705–6705–01] (e.g., name, address) voluntarily requirements. submitted by the commenter may be RIN 0648–BG25 publicly accessible. Do not submit Summary of Major Provisions Within the Proposed Rule Takes of Marine Mammals Incidental to confidential business information or Specified Activities; Taking Marine otherwise sensitive or protected The following provides a summary of Mammals Incidental to Space Vehicle information. NMFS will accept some of the major provisions within the and Missile Launch Operations at anonymous comments (enter N/A in the proposed rulemaking for AAC’s rocket Pacific Spaceport Complex Alaska, required fields if you wish to remain launch activities. We have preliminarily Kodiak Island, Alaska anonymous). determined that AAC’s adherence to the proposed mitigation, monitoring, and FOR FURTHER INFORMATION CONTACT: AGENCY: National Marine Fisheries reporting measures listed below would Service (NMFS), National Oceanic and Stephanie Egger, Office of Protected achieve the least adverse impact Atmospheric Administration (NOAA), Resources, NMFS, (301) 427–8401. practicable on the affected marine Commerce. SUPPLEMENTARY INFORMATION: mammals. They include: VerDate Sep<11>2014 20:40 Jan 18, 2017 Jkt 241001 PO 00000 Frm 00118 Fmt 4702 Sfmt 4702 E:\FR\FM\19JAP1.SGM 19JAP1 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 6457 • Required monitoring of Ugak Island considered in the development of this impacts of the proposed action where to detect the presence and abundance of proposed rule. the FAA would modify the AAC launch marine mammals before and after AAC proposes taking of small site operator license for the PSCA. The deployment of rocket launch operations. numbers of marine mammals incidental EA evaluates the potential • Required monitoring of Ugak Island to rocket launch operations specifically environmental impacts of modifying the to survey the presence and abundance noise from space vehicles and missile launch site operator license to include of marine mammals once per year launches that may result in the Level B medium-lift launch capability at PSCA (outside of rocket launch operations). harassment of harbor seals (Phoca with the addition of new infrastructure • Required mitigation of using time- vitulina richardii). NMFS has previously necessary to support these types of lapsed photography to determine the issued regulations and subsequent LOAs launches, including the construction of immediate response impacts to marine to AAC authorizing the taking of marine a launch pad and associated facilities. mammals during rocket launches, mammals incidental to launches at There are several marine mammals particularly during the pupping season PSCA (76 FR 16311, March 23, 2011; present in the waters offshore, however, (should rocket launches occur during and 71 FR 4297, January 26, 2006). The the only marine mammals anticipated to that time). current regulations recently expired on be affected by the specified activities are Background March 22, 2016; hence, AAC has pinnipeds hauled out on Ugak Island. applied for new regulations. The Dates and Duration An authorization for incidental proposed regulations, if issued, would takings shall be granted if NMFS finds be effective from March 15, 2017, The specified activity may occur at that the taking will have a negligible through March 14, 2022. any time during the 5-year period of impact on the species or stock(s), will validity of the proposed regulations. not have an unmitigable adverse impact Description of the Specified Activity Dates and duration of individual rocket on the availability of the species or Overview launches are inherently uncertain. stock(s) for subsistence uses (where Launch timing is not determined by relevant), and if the permissible PCSA is located on the Narrow Cape AAC, but is driven by customer needs methods of taking and requirements Peninsula, on Kodiak Island in the Gulf that include variables ranging from: (1) pertaining to the mitigation, monitoring of Alaska. Kodiak Island is Availability of down range assets and reporting of such takings are set approximately 99 miles (mi) long and 10 necessary to support launch, (2) orbital forth. NMFS
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