80 FR 21212 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Marine Corps Training Exercises at Brant Island Bombing Target and Piney Island Bombing Range, USMC Cherry Point Range Complex, North Carolina

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 74 (April 17, 2015)

Page Range		21212-21213
FR Document		2015-08841

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the U.S. Marine Corps (Marine Corps) to take marine mammals, by harassment, incidental to training operations at the Brant Island Bombing Target (BT-9) and Piney Island Bombing Range (BT-11) located within the Marine Corps' Cherry Point Range Complex in Pamlico Sound, NC.

Federal Register, Volume 80 Issue 74 (Friday, April 17, 2015)

[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21212-21213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08841]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD789


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Marine Corps Training Exercises at Brant Island 
Bombing Target and Piney Island Bombing Range, USMC Cherry Point Range 
Complex, North Carolina

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

ACTION: Notice of issuance of a Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the U.S. Marine 
Corps (Marine Corps) to take marine mammals, by harassment, incidental 
to training operations at the Brant Island Bombing Target (BT-9) and 
Piney Island Bombing Range (BT-11) located within the Marine Corps' 
Cherry Point Range Complex in Pamlico Sound, NC.

DATES: Effective from March 13, 2015, through March 12, 2020.

ADDRESSES: The LOA and supporting documentation may be obtained by 
writing to Jolie Harrison, Division Chief, Permits and Conservation 
Division, Office of Protected Resources, NMFS, 1315 East West-Highway, 
Silver Spring, MD 20910, calling the contact listed under FOR FURTHER 
INFORMATION CONTACT, or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm.Documents cited in 
this notice may also be viewed, by appointment, during regular business 
hours at the above address.

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

SUPPLEMENTARY INFORMATION: 

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce (Secretary) to allow, upon request, the 
incidental, but not intentional taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and regulations are issued. Under the MMPA, the term

[[Page 21213]]

``take'' means to harass, hunt, capture, or kill or to attempt to 
harass, hunt, capture, or kill any marine mammal.
    Authorization for incidental takings may be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for certain subsistence uses, 
and that the permissible methods of taking and requirements pertaining 
to the mitigation, monitoring and reporting of such taking are set 
forth. NMFS has 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.''
    The National Defense Authorization Act of 2004 (NDAA) (Pub. L. 108-
136) removed the ``small numbers'' and ``specified geographical 
region'' limitations and amended the definition of ``harassment'' as it 
applies to a ``military readiness activity'' to read as follows 
(Section 3(18)(B) of the MMPA): ``(i) Any act that injures or has the 
significant potential to injure a marine mammal or marine mammal stock 
in the wild [Level A Harassment]; or (ii) any act that disturbs or is 
likely to disturb a marine mammal or marine mammal stock in the wild by 
causing disruption of natural behavioral patterns, including, but not 
limited to, migration, surfacing, nursing, breeding, feeding, or 
sheltering, to a point where such behavioral patterns are abandoned or 
significantly altered [Level B Harassment].'' Because the Marine Corps' 
activities constitute military readiness activities, they are not 
subject to the small numbers or specified geographic region 
limitations.
    NMFS issued regulations governing the take of one species of marine 
mammal, by Level A and Level B harassment, incidental to training 
activities on March 13, 2015. These regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during the specified activities.
    This LOA is effective from March 13, 2015, through March 12, 2020, 
and authorizes the incidental take of bottlenose dolphins that may 
result from the training exercises occurring at the BT-9 and BT-11 
bombing targets located within the Marine Corps' Cherry Point Range 
Complex in Pamlico Sound, NC.
    The Marine Corps would conduct weapons delivery training exercises 
(air-to-surface and surface-to-surface) at the two water-based bombing 
targets located within the Cherry Point Range Complex in North 
Carolina. The military readiness activities would occur between March 
2015 and March 2020, year-round, day or night. The Marine Corps 
proposes to use small arms, large arms, bombs, rockets, grenades, and 
pyrotechnics for the air-to-surface and surface-to-surface training 
exercises, which qualify as military readiness activities. NMFS 
anticipates that take, by Level B (behavioral) and Level A harassment 
of individuals of Atlantic bottlenose dolphin (Tursiops truncatus) 
would result from the training exercises. The noise generated by the 
Marine Corps' activities would result in the incidental harassment of 
bottlenose dolphins, both behaviorally and in terms of physiological 
(auditory) impacts.
    Take of marine mammals will be minimized through the implementation 
of the following mitigation and monitoring measures:
     Required pre- and post-exercise monitoring of the training 
areas to detect the presence of marine mammals during training 
exercises.
     Required monitoring of the training areas during active 
training exercises with required suspensions/delays of training 
activities if a marine mammal enters within any of the designated 
mitigation zones.
     Required reporting of stranded or injured marine mammals 
in the vicinity of the BT-9 and BT-11 bombing targets located within 
the Marine Corps' Cherry Point Range Complex in Pamlico Sound, North 
Carolina to the NMFS Marine Mammal Stranding Network.
     Required research on a real-time acoustic monitoring 
system to automate detection of bottlenose dolphins in the training 
areas.
    Through this LOA, the Marine Corps is required to monitor for 
marine mammals and submit an annual report to NMFS by June 1, annually. 
The report will include data collected from the monitoring program. 
Additional information on the mitigation, monitoring, and reporting 
requirements can be found in the final rule (80 FR 13264, March 13, 
2015). The Marine Corps is also required to submit a comprehensive 
report, which shall provide full documentation of methods, results, and 
interpretation of all monitoring during the period of effectiveness of 
this LOA.
    This Authorization remains valid through March 12, 2020 provided 
the Marine Corps remains in conformance with the conditions of the 
regulations and the LOA, and the mitigation, monitoring, and reporting 
requirements described in 50 CFR 218.240 through 218.249 and the LOA 
are implemented.

     Dated: April 13, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-08841 Filed 4-16-15; 8:45 am]
 BILLING CODE 3510-22-P

21212 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices

Singamas Issues below, are suitable for use in intermodal DEPARTMENT OF COMMERCE
Comment 5: The sales e value to be used as transportation, are capable of and suitable for
denominators to calculate subsidy rates double-stacking 13 in intermodal National Oceanic and Atmospheric
with respect to Singamas transportation, and otherwise meet the scope Administration
definition for the subject merchandise.
Overlapping Issues RIN 0648–XD789
Domestic containers have the following
Comment 6: Hot-Rolled Steel Sheet and Plate actual exterior dimensions: An exterior
Less than Adequate Remuneration Taking and Importing Marine
length exceeding 14.63 meters (48 feet) but
(LTAR) and whether the Department not exceeding 16.154 meters (53 feet); an
Mammals; Taking Marine Mammals
should reverse its findings regarding the
exterior width of between 2.438 meters and
Incidental to U.S. Marine Corps
hot-rolled LTAR benchmark. Training Exercises at Brant Island
(A) Whether the Department should use 2.60 meters (between 8 feet and 8 feet 63⁄8
inches); and an exterior height of between Bombing Target and Piney Island
domestic Chinese steel prices on the Bombing Range, USMC Cherry Point
record to determine whether the GOC 2.438 meters and 2.908 meters (between 8
provided hot-rolled steel for LTAR. feet and 9 feet 61⁄2 inches), all subject to Range Complex, North Carolina
(B) Whether the Department properly tolerances as allowed by the AAR AGENCY: National Marine Fisheries
found that ‘‘authorities’’ provided a Specifications. In addition to two frames (one
Service (NMFS), National Oceanic and
benefit in the form of the provision of a at either end of the container), the domestic
good for LTAR
Atmospheric Administration (NOAA),
containers within the scope definition have
(C) Whether the Department properly two stacking frames located equidistant from
Commerce.
found ‘‘Specificity’’ each end of the container, as required by the ACTION: Notice of issuance of a Letter of
(D) Benchmarks and calculation of benefit AAR Specifications. The stacking frames Authorization.
Comment 7: Export Buyer’s Credits Program have four upper handling fittings and four
Comment 8: Scope Exclusion Request bottom dual aperture handling fittings, SUMMARY: In accordance with the
VIII. Recommendation Marine Mammal Protection Act
placed at the respective corners of the
Appendix II stacking frames. Domestic containers also (MMPA), as amended, and
have two forward facing fittings at the front implementing regulations, notification
Scope of the Investigation lower corners and two downward facing is hereby given that a Letter of
The merchandise subject to investigation is fittings at the rear lower corners of the Authorization (LOA) has been issued to
closed (i.e., not open top) van containers container to facilitate chassis interface. the U.S. Marine Corps (Marine Corps) to
exceeding 14.63 meters (48 feet) but generally All domestic containers as described take marine mammals, by harassment,
measuring 16.154 meters (53 feet) in exterior herein are included within this scope incidental to training operations at the
length, which are designed for the intermodal definition, regardless of whether the
transport 12 of goods other than bulk liquids Brant Island Bombing Target (BT–9) and
merchandise enters the United States in a Piney Island Bombing Range (BT–11)
within North America primarily by rail or by
road vehicle, or by a combination of rail and final, assembled condition, or as an located within the Marine Corps’ Cherry
road vehicle (domestic containers). The unassembled kit or substantially complete Point Range Complex in Pamlico Sound,
merchandise is known in the industry by domestic container which requires additional NC.
varying terms including ‘‘53-foot containers,’’ manipulation or processing after entry into
DATES: Effective from March 13, 2015,
‘‘53-foot dry containers,’’ ‘‘53-foot domestic the United States to be made ready for use
dry containers,’’ ‘‘domestic dry containers’’ as a domestic container. through March 12, 2020.
and ‘‘domestic containers.’’ These terms all The scope of this investigation excludes ADDRESSES: The LOA and supporting
describe the same article with the same the following items: (1) Refrigerated documentation may be obtained by
design and performance characteristics. containers; (2) trailers, where the cargo box writing to Jolie Harrison, Division Chief,
Notwithstanding the particular terminology and rear wheeled chassis are of integrated Permits and Conservation Division,
used to describe the merchandise, all construction, and the cargo box of the unit Office of Protected Resources, NMFS,
merchandise that meets the definition set may not be separated from the chassis for 1315 East West-Highway, Silver Spring,
forth herein is included within the scope of further intermodal transport; (3) container
this investigation. MD 20910, calling the contact listed
chassis, whether or not imported with under FOR FURTHER INFORMATION
Domestic containers generally meet the
domestic containers, but the domestic CONTACT, or visiting the Internet at:
characteristic for closed van containers for
domestic intermodal service as described in containers remain subject merchandise, to http://www.nmfs.noaa.gov/pr/permits/
the American Association of Railroads (AAR) the extent they meet the written description incidental/military.htm.Documents
Manual of Standards and Recommended of the scope. Imports of the subject
cited in this notice may also be viewed,
Practices Intermodal Equipment Manual merchandise are provided for under
by appointment, during regular business
Closed Van Containers for Domestic subheading 8609.00.0000 of the Harmonized
Tariff Schedule of the United States
hours at the above address.
Intermodal Service Specification M 930
Adopted: 1972; Last Revised 2013 (AAR (HTSUS). Imports of the subject merchandise FOR FURTHER INFORMATION CONTACT:
Specifications) for 53-foot and 53-foot high which meet the definition of and Jeannine Cody, Office of Protected
cube containers. The AAR Specifications requirements for ‘‘instruments of Resources, NMFS, (301) 427–8401.
generally define design, performance and international traffic’’ pursuant to 19 U.S.C. SUPPLEMENTARY INFORMATION:
testing requirements for closed van 1322 and 19 CFR 10.41a may be classified
containers, but are not dispositive for under subheading 9803.00.50, HTSUS. While Background
purposes of defining subject merchandise HTSUS subheadings are provided for
within this scope definition. Containers Section 101(a)(5)(A) of the MMPA
convenience and customs purposes, the (16 U.S.C. 1361 et seq.) directs the
which may not fall precisely within the AAR
written description of the subject Secretary of Commerce (Secretary) to
Specifications or any successor equivalent
specifications are included within the scope merchandise as set forth herein is allow, upon request, the incidental, but
dispositive.
tkelley on DSK3SPTVN1PROD with NOTICES

definition of the subject merchandise if they not intentional taking of small numbers
have the exterior dimensions referenced [FR Doc. 2015–08904 Filed 4–16–15; 8:45 am] of marine mammals by U.S. citizens
BILLING CODE 3510–DS–P
who engage in a specified activity (other
12 ‘‘Intermodal transport’’ refers to a movement of
than commercial fishing) within a
freight using more than one mode of transportation,
most commonly on a container chassis for on-the- 13 ‘‘Double-stacking’’ refers to two levels of specified geographical region if certain
road transportation and on a rail car for rail intermodal containers on a rail car, one on top of findings are made and regulations are
transportation. the other. issued. Under the MMPA, the term

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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21213

‘‘take’’ means to harass, hunt, capture, within the Cherry Point Range Complex described in 50 CFR 218.240 through
or kill or to attempt to harass, hunt, in North Carolina. The military 218.249 and the LOA are implemented.
capture, or kill any marine mammal. readiness activities would occur Dated: April 13, 2015.
Authorization for incidental takings between March 2015 and March 2020, Donna S. Wieting,
may be granted if NMFS finds that the year-round, day or night. The Marine
taking will have a negligible impact on Director, Office of Protected Resources,
Corps proposes to use small arms, large National Marine Fisheries Service.
the species or stock(s), will not have an arms, bombs, rockets, grenades, and
[FR Doc. 2015–08841 Filed 4–16–15; 8:45 am]
unmitigable adverse impact on the pyrotechnics for the air-to-surface and
availability of the species or stock(s) for BILLING CODE 3510–22–P
surface-to-surface training exercises,
certain subsistence uses, and that the which qualify as military readiness
permissible methods of taking and activities. NMFS anticipates that take,
requirements pertaining to the DEPARTMENT OF COMMERCE
by Level B (behavioral) and Level A
mitigation, monitoring and reporting of harassment of individuals of Atlantic National Oceanic and Atmospheric
such taking are set forth. NMFS has bottlenose dolphin (Tursiops truncatus) Administration
defined ‘‘negligible impact’’ in 50 CFR would result from the training exercises.
216.103 as: ‘‘an impact resulting from The noise generated by the Marine RIN 0648–XD814
the specified activity that cannot be Corps’ activities would result in the
reasonably expected to, and is not Takes of Marine Mammals Incidental to
incidental harassment of bottlenose
reasonably likely to, adversely affect the Specified Activities; Land Survey
dolphins, both behaviorally and in
species or stock through effects on Activities Within the Eastern Aleutian
terms of physiological (auditory)
annual rates of recruitment or survival.’’ Islands Archipelago, Alaska, 2015
impacts.
The National Defense Authorization Take of marine mammals will be AGENCY: National Marine Fisheries
Act of 2004 (NDAA) (Pub. L. 108–136) minimized through the implementation Service (NMFS), National Oceanic and
removed the ‘‘small numbers’’ and of the following mitigation and Atmospheric Administration (NOAA),
‘‘specified geographical region’’ monitoring measures: Commerce.
limitations and amended the definition • Required pre- and post-exercise ACTION: Notice; proposed incidental
of ‘‘harassment’’ as it applies to a
monitoring of the training areas to harassment authorization; request for
‘‘military readiness activity’’ to read as
detect the presence of marine mammals comments.
follows (Section 3(18)(B) of the MMPA):
during training exercises.
‘‘(i) Any act that injures or has the SUMMARY: NMFS has received an
• Required monitoring of the training
significant potential to injure a marine application from the Bureau of Land
areas during active training exercises
mammal or marine mammal stock in the Management (BLM) to take marine
with required suspensions/delays of
wild [Level A Harassment]; or (ii) any mammals, by harassment incidental to
act that disturbs or is likely to disturb training activities if a marine mammal
enters within any of the designated conducting a one-day field-based land
a marine mammal or marine mammal survey of cultural sites located on a
stock in the wild by causing disruption mitigation zones.
• Required reporting of stranded or small island within the eastern Aleutian
of natural behavioral patterns, Islands archipelago for a land claim
including, but not limited to, migration, injured marine mammals in the vicinity
of the BT–9 and BT–11 bombing targets made by an Alaska Regional Native
surfacing, nursing, breeding, feeding, or Corporation under the Alaska Native
sheltering, to a point where such located within the Marine Corps’ Cherry
Point Range Complex in Pamlico Sound, Claims Settlement Act. The proposed
behavioral patterns are abandoned or date for this action would be on one day
significantly altered [Level B North Carolina to the NMFS Marine
Mammal Stranding Network. between the periods of June 1 through
Harassment].’’ Because the Marine July 31, 2015. Per the Marine Mammal
Corps’ activities constitute military • Required research on a real-time
acoustic monitoring system to automate Protection Act, NMFS is requesting
readiness activities, they are not subject comments on the proposal to issue an
to the small numbers or specified detection of bottlenose dolphins in the
training areas. Authorization to BLM to incidentally
geographic region limitations. take, by Level B harassment only, one
NMFS issued regulations governing Through this LOA, the Marine Corps
is required to monitor for marine species of marine mammal during the
the take of one species of marine specified activity.
mammal, by Level A and Level B mammals and submit an annual report
to NMFS by June 1, annually. The report DATES: NMFS must receive comments
harassment, incidental to training
will include data collected from the and information on or before May 18,
activities on March 13, 2015. These
monitoring program. Additional 2015.
regulations include mitigation,
monitoring, and reporting requirements information on the mitigation, ADDRESSES: Address comments on the
for the incidental take of marine monitoring, and reporting requirements application to Jolie Harrison, Division
mammals during the specified activities. can be found in the final rule (80 FR Chief, Permits and Conservation
This LOA is effective from March 13, 13264, March 13, 2015). The Marine Division, Office of Protected Resources,
2015, through March 12, 2020, and Corps is also required to submit a National Marine Fisheries Service, 1315
authorizes the incidental take of comprehensive report, which shall East-West Highway, Silver Spring, MD
bottlenose dolphins that may result provide full documentation of methods, 20910. The mailbox address for
from the training exercises occurring at results, and interpretation of all providing email comments is ITP.Cody@
the BT–9 and BT–11 bombing targets monitoring during the period of noaa.gov. Please include 0648–XD818
tkelley on DSK3SPTVN1PROD with NOTICES

located within the Marine Corps’ Cherry effectiveness of this LOA. in the subject line. Comments sent via
Point Range Complex in Pamlico Sound, This Authorization remains valid email to ITP.Cody@noaa.gov, including
NC. through March 12, 2020 provided the all attachments, must not exceed a 25-
The Marine Corps would conduct Marine Corps remains in conformance megabyte file size. NMFS is not
weapons delivery training exercises (air- with the conditions of the regulations responsible for email comments sent to
to-surface and surface-to-surface) at the and the LOA, and the mitigation, addresses other than the one provided
two water-based bombing targets located monitoring, and reporting requirements here.

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Document Created: 2015-12-18 11:20:24
Document Modified: 2015-12-18 11:20:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of issuance of a Letter of Authorization.
Dates		Effective from March 13, 2015, through March 12, 2020.
Contact		Jeannine Cody, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		80 FR 21212
RIN Number		0648-XD78

80 FR 21212 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Marine Corps Training Exercises at Brant Island Bombing Target and Piney Island Bombing Range, USMC Cherry Point Range Complex, North Carolina

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 74 (April 17, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration