82 FR 37851 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 155 (August 14, 2017)

Page Range		37851-37852
FR Document		2017-17061

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to the training and testing activities conducted in the Atlantic Fleet Training and Testing (AFTT) Study Area from October 2018 through October 2023. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy's request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy's application and request.

Federal Register, Volume 82 Issue 155 (Monday, August 14, 2017)

[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37851-37852]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17061]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF561


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the U.S. Navy Training and Testing Activities in the 
Atlantic Fleet Training and Testing Study Area

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for 
authorization to take marine mammals incidental to the training and 
testing activities conducted in the Atlantic Fleet Training and Testing 
(AFTT) Study Area from October 2018 through October 2023. Pursuant to 
the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt 
of the Navy's request for the development and implementation of 
regulations governing the incidental taking of marine mammals and 
inviting information, suggestions, and comments on the Navy's 
application and request.

DATES: Comments and information must be received no later than 
September 13, 2017.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits, Conservation and Education Division, Office 
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing email comments is [email protected]. NMFS is not responsible 
for email comments sent to addresses other than the one provided here. 
Comments sent via email, including all attachments, must not exceed a 
10-megabyte file size.
    Instructions: All comments received are a part of the public record 
and will generally be posted to www.nmfs.noaa.gov/pr/permits/incidental.htm#applications without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Stephanie Egger, Office of Protected 
Resources, NMFS; phone: (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Availability

    An electronic copy of the Navy's application may be obtained online 
at: www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. The Navy 
released a draft Environmental Impact Statement (EIS)/Overseas EIS 
(OEIS) for the on June 30, 2017. A copy of the draft EIS, which would 
also support NMFS' proposed rulemaking under the MMPA, is available at 
www.aftteis.com.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (Secretary) to allow, upon request, 
the incidental, but not intentional taking of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) if certain findings are made and regulations are issued or, if 
the taking is limited to harassment, notice of a proposed authorization 
is provided to the public for review.
    Incidental take authorizations shall 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 subsistence uses (where relevant), and if 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.''
    With respect to military readiness activities, the MMPA defines 
``harassment'' as 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).

Summary of Request

    On June 16, 2017, NMFS received an application from the Navy 
requesting authorization to take individuals of 39 marine mammal 
species by Level A and B (behavioral) harassment incidental to 
training, testing, and routine military operations (all categorized as 
military readiness activities) from the use of sonar and other 
transducers, in-water detonations, air guns, and impact pile driving/
vibratory extraction. In addition, the Navy is requesting nine 
mortalities of four marine mammal species during ship shock trials, and 
three takes (not to exceed two from any individual stock) by injury or 
mortality from vessel strikes over the five-year period. One marine 
mammal species, the North Atlantic right whale (Eubalaena glacialis), 
has designated critical habitat in the AFTT Study Area. The Navy's 
training and testing activities would occur over five years beginning 
October 2018. On August 4, 2017, the Navy sent an amendment to its 
application and Navy's application was considered final and complete.
    This will be NMFS' third rule making for AFTT activities under the 
MMPA. NMFS published the first rule effective from January 22, 2009 
through January 22, 2014 on January 27, 2009 (74 FR 4844) and the 
second rule effective from November 14, 2013 through November 13, 2018 
on December 4, 2013 (78 FR 73009). For this third rule making, the Navy 
is proposing to conduct similar sonar activities in the proposed 
rulemaking as they have conducted over the past nine years in the 
previous two rule makings.

Description of the Specified Activity

    The Navy's training and testing activities to be conducted within 
the AFTT Study Area (includes areas of the western Atlantic Ocean along 
the east coast of North America, portions of the Caribbean Sea, and the 
Gulf of Mexico, covering approximately 2.6 million square nautical 
miles of ocean area,

[[Page 37852]]

oriented from the mean high tide line along the U.S. coast and extends 
east to the 45-degree west longitude line, north to the 65-degree north 
latitude line, and south to approximately the 20-degree north latitude 
line) over the course of 5 years. Please refer to the application, 
specifically Figure 1.1-1 for a map of the Study Area and Figures 2.2-1 
through Figure 2.2-3 for additional maps of the range complexes and 
testing ranges. The following types of training and testing, which are 
classified as military readiness activities pursuant to the MMPA, as 
amended by the National Defense Authorization Act, would be covered 
under the LOAs (if authorized): amphibious warfare (in-water 
detonations), anti-submarine warfare (sonar and other transducers, in-
water detonations), expeditionary warfare (in-water detonations), 
surface warfare (in-water detonations), mine warfare (sonar and other 
transducers, in-water detonations), and other (sonar and other 
transducers, impact pile driving/vibratory extraction, air guns).
    The Navy has proposed a suite of mitigation measures for marine 
mammals that could be implemented during training and testing 
activities in the AFTT Study Area. Procedural mitigation generally 
involves: (1) The use of one or more trained Lookouts to diligently 
observe for specific biological resources within a mitigation zone, (2) 
requirements for Lookouts to immediately communicate sightings of 
specific biological resources to the appropriate watch station for 
information dissemination, and (3) requirements for the watch station 
to implement mitigation (e.g., halt an activity) until certain 
recommencement conditions have been met. Mitigation measures are also 
conducted in specific mitigation zones and can consist of a variety of 
measures including, but not limited to: Conducting a certain number of 
major training exercise per year, not planning or avoid planning major 
training exercises, minimizing or not conducting active sonar, 
conducting a certain amount of hull-mounted mid-frequency active sonar 
per year, not expending explosive or non-explosive ordnance, and 
implementing vessel speed reductions.
    The Navy also proposes to undertake monitoring and reporting 
efforts to track compliance with take authorizations and to help 
investigate the effectiveness of implemented mitigation measures in the 
AFTT Study Area. This can include Adaptive Management, the Integrated 
Comprehensive Monitoring Program, the Strategic Planning Process, and 
Annual Monitoring and Exercise and Testing Reports. As an example, 
under the Integrated Comprehensive Monitoring Program, the monitoring 
relating to the effects of Navy training and testing activities on 
protected marine species are designed to increase in the understanding 
of the likely occurrence of marine mammals in the vicinity of the 
action (i.e., presence, abundance, distribution, and density of 
species) and to increase the understanding of the nature, scope, or 
context of the likely exposure of marine mammals to any of the 
potential stressors associated with the action. Please refer to Chapter 
13 of the Navy's application for full details on monitoring and 
reporting proposed by the Navy.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (see ADDRESSES). NMFS will 
consider all information, suggestions, and comments related to the 
Navy's request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy's testing and training activities for the AFTT Study Area.

    Dated: August 8, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-17061 Filed 8-11-17; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37851

consultation. We will use the results of email comments is ITP.Egger@noaa.gov. With respect to military readiness
this consultation, in combination with NMFS is not responsible for email activities, the MMPA defines
the above findings, in our final analysis comments sent to addresses other than ‘‘harassment’’ as any act that injures or
to determine whether to issue a permit. the one provided here. Comments sent has the significant potential to injure a
If the requirements are met, we will via email, including all attachments, marine mammal or marine mammal
issue the permit to the applicant. must not exceed a 10-megabyte file size. stock in the wild (Level A Harassment);
We will publish a record of our final Instructions: All comments received or (ii) any act that disturbs or is likely
action in the Federal Register. are a part of the public record and will to disturb a marine mammal or marine
Authority: This notice is provided generally be posted to mammal stock in the wild by causing
pursuant to section 10(c) of the ESA (16 www.nmfs.noaa.gov/pr/permits/ disruption of natural behavioral
U.S.C. 1531 et seq.) and NEPA regulations incidental.htm#applications without patterns, including, but not limited to,
(40 CFR 1506.6). change. All Personal Identifying migration, surfacing, nursing, breeding,
Dated: August 9, 2017. Information (for example, name, feeding, or sheltering, to a point where
address, etc.) voluntarily submitted by such behavioral patterns are abandoned
Angela Somma,
the commenter may be publicly or significantly altered (Level B
Chief, Endangered Species Division, Office Harassment).
of Protected Resources, National Marine
accessible. Do not submit Confidential
Fisheries Service. Business Information or otherwise Summary of Request
[FR Doc. 2017–17105 Filed 8–11–17; 8:45 am]
sensitive or protected information.
On June 16, 2017, NMFS received an
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–22–P application from the Navy requesting
Stephanie Egger, Office of Protected
authorization to take individuals of 39
Resources, NMFS; phone: (301) 427–
marine mammal species by Level A and
DEPARTMENT OF COMMERCE 8401.
B (behavioral) harassment incidental to
SUPPLEMENTARY INFORMATION: training, testing, and routine military
National Oceanic and Atmospheric
Availability operations (all categorized as military
Administration
readiness activities) from the use of
RIN 0648–XF561 An electronic copy of the Navy’s sonar and other transducers, in-water
application may be obtained online at: detonations, air guns, and impact pile
Taking and Importing Marine www.nmfs.noaa.gov/pr/permits/ driving/vibratory extraction. In
Mammals; Taking Marine Mammals incidental.htm#applications. The Navy addition, the Navy is requesting nine
Incidental to the U.S. Navy Training released a draft Environmental Impact mortalities of four marine mammal
and Testing Activities in the Atlantic Statement (EIS)/Overseas EIS (OEIS) for species during ship shock trials, and
Fleet Training and Testing Study Area the on June 30, 2017. A copy of the draft three takes (not to exceed two from any
EIS, which would also support NMFS’ individual stock) by injury or mortality
AGENCY: National Marine Fisheries proposed rulemaking under the MMPA,
Service (NMFS), National Oceanic and from vessel strikes over the five-year
is available at www.aftteis.com. period. One marine mammal species,
Atmospheric Administration (NOAA),
Background the North Atlantic right whale
Commerce.
(Eubalaena glacialis), has designated
ACTION: Notice; receipt of application for Sections 101(a)(5)(A) and (D) of the critical habitat in the AFTT Study Area.
letter of authorization; request for MMPA (16 U.S.C. 1361 et seq.) direct The Navy’s training and testing
comments and information. the Secretary of Commerce (Secretary) activities would occur over five years
to allow, upon request, the incidental, beginning October 2018. On August 4,
SUMMARY: NMFS has received a request but not intentional taking of marine
from the U.S. Navy (Navy) for 2017, the Navy sent an amendment to
mammals by U.S. citizens who engage its application and Navy’s application
authorization to take marine mammals in a specified activity (other than
incidental to the training and testing was considered final and complete.
commercial fishing) if certain findings This will be NMFS’ third rule making
activities conducted in the Atlantic are made and regulations are issued or,
Fleet Training and Testing (AFTT) for AFTT activities under the MMPA.
if the taking is limited to harassment, NMFS published the first rule effective
Study Area from October 2018 through notice of a proposed authorization is
October 2023. Pursuant to the Marine from January 22, 2009 through January
provided to the public for review. 22, 2014 on January 27, 2009 (74 FR
Mammal Protection Act (MMPA), NMFS Incidental take authorizations shall be
is announcing our receipt of the Navy’s 4844) and the second rule effective from
granted if NMFS finds that the taking November 14, 2013 through November
request for the development and will have a negligible impact on the
implementation of regulations 13, 2018 on December 4, 2013 (78 FR
species or stock(s), will not have an 73009). For this third rule making, the
governing the incidental taking of unmitigable adverse impact on the
marine mammals and inviting Navy is proposing to conduct similar
availability of the species or stock(s) for sonar activities in the proposed
information, suggestions, and comments subsistence uses (where relevant), and if
on the Navy’s application and request. rulemaking as they have conducted over
the permissible methods of taking and the past nine years in the previous two
DATES: Comments and information must requirements pertaining to the rule makings.
be received no later than September 13, mitigation, monitoring and reporting of
2017. such taking are set forth. Description of the Specified Activity
ADDRESSES: Comments on the NMFS has defined ‘‘negligible The Navy’s training and testing
sradovich on DSK3GMQ082PROD with NOTICES

application should be addressed to Jolie impact’’ in 50 CFR 216.103 as ‘‘an activities to be conducted within the
Harrison, Chief, Permits, Conservation impact resulting from the specified AFTT Study Area (includes areas of the
and Education Division, Office of activity that cannot be reasonably western Atlantic Ocean along the east
Protected Resources, National Marine expected to, and is not reasonably likely coast of North America, portions of the
Fisheries Service, 1315 East-West to, adversely affect the species or stock Caribbean Sea, and the Gulf of Mexico,
Highway, Silver Spring, MD 20910– through effects on annual rates of covering approximately 2.6 million
3225. The mailbox address for providing recruitment or survival.’’ square nautical miles of ocean area,

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37852 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices

oriented from the mean high tide line the Integrated Comprehensive Conforming Service Agreements
along the U.S. coast and extends east to Monitoring Program, the monitoring (Dalton) to be effective 8/1/2017.
the 45-degree west longitude line, north relating to the effects of Navy training Filed Date: 08/03/2017.
to the 65-degree north latitude line, and and testing activities on protected Accession Number: 20170803–5115.
south to approximately the 20-degree marine species are designed to increase Comment Date: 5:00 p.m. Eastern
north latitude line) over the course of 5 in the understanding of the likely Time on Tuesday, August 15, 2017.
years. Please refer to the application, occurrence of marine mammals in the Docket Numbers: RP17–962–000.
specifically Figure 1.1–1 for a map of vicinity of the action (i.e., presence, Applicants: Cameron Interstate
the Study Area and Figures 2.2–1 abundance, distribution, and density of Pipeline, LLC.
through Figure 2.2–3 for additional species) and to increase the Description: Cameron Interstate
maps of the range complexes and testing understanding of the nature, scope, or Pipeline, LLC submits tariff filing per
ranges. The following types of training context of the likely exposure of marine 154.204: Filing of Tenaska Capacity
and testing, which are classified as mammals to any of the potential Release Umbrella Agreement to be
military readiness activities pursuant to stressors associated with the action. effective 8/1/2017.
the MMPA, as amended by the National Please refer to Chapter 13 of the Navy’s Filed Date: 08/03/2017.
Defense Authorization Act, would be application for full details on Accession Number: 20170803–5156.
covered under the LOAs (if authorized): monitoring and reporting proposed by Comment Date: 5:00 p.m. Eastern
amphibious warfare (in-water the Navy. Time on Tuesday, August 15, 2017.
detonations), anti-submarine warfare Docket Numbers: RP17–920–001.
(sonar and other transducers, in-water Information Solicited
Applicants: Gulf South Pipeline
detonations), expeditionary warfare (in- Interested persons may submit Company, LP.
water detonations), surface warfare (in- information, suggestions, and comments Description: Gulf South Pipeline
water detonations), mine warfare (sonar concerning the Navy’s request (see Company, LP submits tariff filing per
and other transducers, in-water ADDRESSES). NMFS will consider all 154.205(b): Amendment to Filing in
detonations), and other (sonar and other information, suggestions, and comments Docket No. RP17–920–000 to be
transducers, impact pile driving/ related to the Navy’s request and NMFS’ effective 8/1/2017.
vibratory extraction, air guns). potential development and Filed Date: 08/04/2017.
The Navy has proposed a suite of implementation of regulations Accession Number: 20170804–5077.
mitigation measures for marine governing the incidental taking of Comment Date: 5:00 p.m. Eastern
mammals that could be implemented marine mammals by the Navy’s testing Time on Wednesday, August 16, 2017.
during training and testing activities in and training activities for the AFTT Docket Numbers: RP17–963–000.
the AFTT Study Area. Procedural Study Area. Applicants: NJR Energy Services
mitigation generally involves: (1) The
Dated: August 8, 2017. Company, Talen Energy Marketing, LLC.
use of one or more trained Lookouts to
Donna S. Wieting, Description: Joint Petition for
diligently observe for specific biological
Director, Office of Protected Resources, Temporary Waiver of Capacity Release
resources within a mitigation zone, (2)
National Marine Fisheries Service. of NJR Energy Services Company, et al.
requirements for Lookouts to
[FR Doc. 2017–17061 Filed 8–11–17; 8:45 am] Filed Date: 08/04/2017.
immediately communicate sightings of Accession Number: 20170804–5088.
specific biological resources to the BILLING CODE 3510–22–P
Comment Date: 5:00 p.m. Eastern
appropriate watch station for Time on Friday, August 11, 2017.
information dissemination, and (3)
requirements for the watch station to DEPARTMENT OF ENERGY Docket Numbers: RP17–964–000.
implement mitigation (e.g., halt an Applicants: Texas Eastern
activity) until certain recommencement Federal Energy Regulatory Transmission, LP.
conditions have been met. Mitigation Commission Description: Joint Settlement
measures are also conducted in specific Extension Agreement (Phase II/PCBs,
mitigation zones and can consist of a Combined Notice of Filings RP88–67, et. al.) of Texas Eastern
variety of measures including, but not Transmission, LP.
Take notice that the Commission has Filed Date: 08/04/2017.
limited to: Conducting a certain number received the following Natural Gas
of major training exercise per year, not Accession Number: 20170804–5166.
Pipeline Rate and Refund Report filings: Comment Date: 5:00 p.m. Eastern
planning or avoid planning major
training exercises, minimizing or not Filings Instituting Proceedings Time on Wednesday, August 16, 2017.
conducting active sonar, conducting a Docket Numbers: RP10–996–000. The filings are accessible in the
certain amount of hull-mounted mid- Applicants: Dominion Cove Point Commission’s eLibrary system by
frequency active sonar per year, not LNG, LP. clicking on the links or querying the
expending explosive or non-explosive Description: Dominion Energy Cove docket number.
ordnance, and implementing vessel Point LNG, LP submits tariff filing per: Any person desiring to intervene or
speed reductions. DECP—2017 Report of Operational protest in any of the above proceedings
The Navy also proposes to undertake Sales and Purchases of Gas. must file in accordance with Rules 211
monitoring and reporting efforts to track Filed Date: 07/31/2017. and 214 of the Commission’s
compliance with take authorizations Accession Number: 20170731–5099. Regulations (18 CFR 385.211 and
Comment Date: 5:00 p.m. Eastern 385.214) on or before 5:00 p.m. Eastern
sradovich on DSK3GMQ082PROD with NOTICES

and to help investigate the effectiveness
of implemented mitigation measures in Time on Monday, August 14, 2017. time on the specified comment date.
the AFTT Study Area. This can include Docket Numbers: RP17–961–000. Protests may be considered, but
Adaptive Management, the Integrated Applicants: Transcontinental Gas intervention is necessary to become a
Comprehensive Monitoring Program, Pipe Line Company. party to the proceeding.
the Strategic Planning Process, and Description: Transcontinental Gas eFiling is encouraged. More detailed
Annual Monitoring and Exercise and Pipe Line Company, LLC submits tariff information relating to filing
Testing Reports. As an example, under filing per 154.204: Update List of Non- requirements, interventions, protests,

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Document Created: 2018-10-24 11:51:26
Document Modified: 2018-10-24 11:51:26

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; receipt of application for letter of authorization; request for comments and information.
Dates		Comments and information must be received no later than September 13, 2017.
Contact		Stephanie Egger, Office of Protected Resources, NMFS; phone: (301) 427-8401.
FR Citation		82 FR 37851
RIN Number		0648-XF56

82 FR 37851 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 155 (August 14, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration