83 FR 32615 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar in the Western and Central North Pacific Ocean and Eastern Indian Ocean
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 135 (July 13, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 135 (July 13, 2018)
| Page Range | 32615-32617 | |
| FR Document | 2018-14967 |
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)] [Proposed Rules] [Pages 32615-32617] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14967] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 218 RIN 0648-XG273 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar in the Western and Central North Pacific Ocean and Eastern Indian Ocean AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Receipt of application for rulemaking and letter of authorization; request for comments and information. ----------------------------------------------------------------------- SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to the use of Surveillance Towed Array Sensor Systems Low Frequency Active (SURTASS LFA) sonar systems onboard U.S. Navy surveillance ships for training and testing activities conducted under the authority of the Secretary of the Navy in the western and central North Pacific and eastern Indian oceans beginning August 2019. Pursuant to the implementing regulations of 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 August 13, 2018. ADDRESSES: Comments on the application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910-3225 and electronic comments should be sent to ITP.Youngkin@noaa.gov. [[Page 32616]] Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted online at https://www.fisheries.noaa.gov/node/23111 without change. All personal identifying information (e.g., name, address) 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: Dale Youngkin, Office of Protected Resources, NMFS; phone: (301) 427-8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) generally direct the Secretary of Commerce (further delegated to NMFS) 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 either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings 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 takings 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 MMPA states that the term ``take'' means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. The National Defense Authorization Act (NDAA) (Pub. L. 108-136) removed the ``small numbers'' and ``specified geographical region'' limitations indicated above and defined ``harassment'' as it applies to a ``military readiness activity'' 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). Summary of Request On June 4, 2018, NMFS received an application from the Navy requesting authorization to take individuals of 46 species of marine mammals (10 mysticete, 31 odontocete, and 5 pinniped species) representing 139 stocks, by harassment, incidental to training and testing activities conducted under the authority of the Secretary of the Navy (categorized as military readiness activities) using SURTASS LFA sonar beginning August 13, 2019. The Navy states that these training and testing activities may expose some of the marine mammals present in the Study Area to sound from low-frequency active sonar sources, which may result in the disruption of behavioral patterns. The Navy requests authorization to take individuals of 46 species or stocks of marine mammals by Level B Harassment. NMFS published the first incidental take rule for SURTASS LFA sonar, effective from August 2002 through August 2007, on July 16, 2002 (67 FR 46712); the second rule, effective from August 2007 through August 2012, on August 21, 2007 (72 FR 46846); and the third rule, effective from August 2012 through August 2012, on August 20, 2012 (77 FR 50290). In 2016, the Navy submitted an application for a fourth incidental take regulation under the MMPA (DoN, 2016) for the taking of marine mammals by harassment incidental to the deployment of up to four SURTASS LFA sonar systems from August 15, 2017 through August 14, 2022. NMFS published a proposed rule on April 27, 2017 (82 FR 19460). On August 10, 2017, the Secretary of Defense, after conferring with the Secretary of Commerce, determined that it was necessary for the national defense to exempt all military readiness activities that use SURTASS LFA sonar from compliance with the requirements of the MMPA for two years from August 13, 2017 through August 12, 2019, or until such time when NMFS issues regulations and a LOA under Title 16, Section 1371 for military readiness activities associated with the use of SURTASS LFA sonar, whichever is earlier. During the exemption period, all military readiness activities that involve the use of SURTASS LFA sonar are required to comply with all mitigation, monitoring, and reporting measures set forth in the 2017 National Defense Exemption (NDE) for SURTASS LFA sonar. As a result of the NDE (available at http://www.surtass-lfa-eis.com/wp-content/uploads/2018/01/SURTASS_LFA_NDE_10Aug17.pdf), NMFS did not finalize its April 2017 proposed rule. For this current requested rule making, the Navy is proposing to continue using SURTASS LFA sonar systems onboard USNS surveillance ships for training and testing activities conducted under the authority of the Secretary of the Navy within the western and central North Pacific, and eastern Indian oceans. The operating characteristics of the LFA sonar (inclusive of compact LFA sonar systems) have remained the same since 2001 and are consistent with the parameters described in previous rulemakings. For this rulemaking, the Navy scoped the geographic extent of the Study Area to better reflect the areas where the Navy anticipates conducting SURTASS LFA sonar training and testing activities for the requested rule/LOA. Under the proposed action, the Navy would transmit 496 LFA sonar transmission hours per year pooled across all SURTASS LFA sonar equipped vessels in the first four years of the authorization, with an increase in usage to 592 LFA transmission hours in year five and continuing into the foreseeable future, regardless of the number of vessels. This is a reduction from the current condition of 1,020 LFA transmission hours per year (255 hours of LFA sonar per vessel per year) under the NDE, and the previously authorized 1,728 LFA transmission hours per year (432 hours of LFA sonar per vessel per year) under the 2012--2017 Rule. [[Page 32617]] Description of the Specified Activity The Navy proposes to continue to use the system onboard USNS surveillance ships for training and testing activities conducted under the authority of the Secretary of the Navy in the western and central Pacific Ocean and eastern Indian Ocean. The U.S. Navy currently has four surveillance ships that utilize SURTASS LFA sonar systems: the USNS ABLE, the USNS EFFECTIVE, the USNS IMPECCABLE and the USNS VICTORIOUS. The Navy may develop and field additional SURTASS LFA equipped vessels, either to replace or complement the Navy's current SURTASS LFA capable fleet, and these vessels may be in use beginning in the fifth year of the time period covered by their latest application. Thus, the Navy's activity analysis included consideration of the sonar hours associated with future testing of new or updated LFA sonar system components and new ocean surveillance vessels. This resulted in two annual transmit hour scenarios: Years 1 to 4 would entail a maximum of 496 LFA transmission hours total per year across all SURTASS LFA vessels, while year 5 and beyond would include an increase in LFA sonar transmit hours to a maximum of 592 hours across all vessels to accommodate future testing of new ocean surveillance vessels and new or updated sonar system components. The number of transmission hours per year is pooled across all SURTASS LFA sonar equipped vessels, regardless of the number of ships. The SURTASS LFA sonar transmission hours represent a distribution across six activities that include:Contractor crew proficiency training (80 hours/year); Military crew (MILCREW) proficiency training (96 hours/ year); Participation in, or support of, Navy exercises (96 hours/ year); Vessel and equipment maintenance (64 hours/year); Acoustic research testing (160 hours/year); and New SURTASS LFA sonar system testing (96 hours/year, occurring in year 5 and beyond only). The application describes the activity types, the equipment and platforms involved, and the duration and potential locations of the specified activities. A suite of proposed mitigation measures have been included in the proposed action to minimize the potential effects to marine mammals that could potentially be affected during SURTASS LFA sonar activities. For training and testing activities of the proposed action, these mitigation measures include: Restricting the use of SURTASS LFA sonar such that it will not operate in Arctic and Antarctic waters; Restricting the use of SURTASS LFA sonar from within the foreign territorial seas of other nations; Ensuring sound pressure levels (SPL) will not exceed 180 decibels (dB) re 1 micro pascals ([mu]Pa) root mean square (rms) within 12 nautical miles of any emerged features of any coastline, or within designated offshore biologically important areas (OBIAs) for marine mammals; and Minimizing exposure of marine mammals to SURTASS LFA sonar signal received levels of 180 dB re 1 [mu]Pa (rms) or more by monitoring for their presence and suspending sonar transmission when animals enter the mitigation zone. 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' development and implementation of regulations governing the incidental taking of marine mammals by the Navy's SURTASS LFA sonar activities. Dated: July 9, 2018. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2018-14967 Filed 7-12-18; 8:45 am] BILLING CODE 3510-22-P
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compliance parameters, and of Management and Budget under Dated: June 27, 2018.
contingency measures established for Executive Orders 12866 (58 FR 51735, Cecil Rodrigues,
the SO2 sources impacting the Indiana October 4, 1993) and 13563 (76 FR 3821, Acting Regional Administrator, Region III.
Area. January 21, 2011); [FR Doc. 2018–14947 Filed 7–12–18; 8:45 am]
EPA has determined that
• is not an Executive Order 13771 (82 BILLING CODE 6560–50–P
Pennsylvania’s SO2 attainment plan for
FR 9339, February 2, 2017) regulatory
the 2010 1-hour SO2 NAAQS for Indiana
action because SIP approvals are
County meets the applicable
exempted under Executive Order 12866; DEPARTMENT OF COMMERCE
requirements of the CAA. Thus, EPA is
proposing to approve Pennsylvania’s • does not impose an information
attainment plan for the Indiana Area as collection burden under the provisions National Oceanic and Atmospheric
submitted on October 11, 2017. EPA’s of the Paperwork Reduction Act (44 Administration
analysis for this proposed action is U.S.C. 3501 et seq.);
discussed in Section III of this proposed 50 CFR Part 218
• is certified as not having a
rulemaking. EPA is soliciting public significant economic impact on a RIN 0648–XG273
comments on the issues discussed in substantial number of small entities
this document. These comments will be under the Regulatory Flexibility Act (5 Taking and Importing Marine
considered before taking final action. U.S.C. 601 et seq.); Mammals; Taking Marine Mammals
Final approval of this SIP submittal will Incidental to U.S. Navy Operations of
remove EPA’s duty to promulgate and • does not contain any unfunded
mandate or significantly or uniquely Surveillance Towed Array Sensor
implement a FIP under CAA section System Low Frequency Active Sonar
110(c). affect small governments, as described
in the Unfunded Mandates Reform Act in the Western and Central North
V. Incorporation by Reference of 1995 (Pub. L. 104–4); Pacific Ocean and Eastern Indian
Ocean
In this proposed rule, EPA is • does not have federalism
proposing to include in a final EPA rule implications as specified in Executive AGENCY: National Marine Fisheries
regulatory text that includes Order 13132 (64 FR 43255, August 10, Service (NMFS), National Oceanic and
incorporation by reference. In 1999); Atmospheric Administration (NOAA),
accordance with requirements of 1 CFR Commerce.
51.5, EPA is proposing to incorporate by • is not an economically significant
regulatory action based on health or ACTION: Receipt of application for
reference the portions of the COAs or rulemaking and letter of authorization;
COs entered between Pennsylvania and safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); request for comments and information.
Conemaugh, Homer City, Keystone, and
Seward that are not redacted, as well as • is not a significant regulatory action SUMMARY: NMFS has received a request
the unredacted portions of the TVOPs or subject to Executive Order 13211 (66 FR from the U.S. Navy (Navy) for
Plan Approval included in the October 28355, May 22, 2001); authorization to take marine mammals
11, 2017 submittal. These include • is not subject to requirements of incidental to the use of Surveillance
emission limits and associated Section 12(d) of the National Towed Array Sensor Systems Low
compliance parameters (i.e. the Technology Transfer and Advancement Frequency Active (SURTASS LFA)
measures which include system audits, Act of 1995 (15 U.S.C. 272 note) because sonar systems onboard U.S. Navy
record-keeping and reporting, and application of those requirements would surveillance ships for training and
corrective actions). EPA has made, and be inconsistent with the CAA; and testing activities conducted under the
will continue to make, these materials authority of the Secretary of the Navy in
generally available through http:// • does not provide EPA with the the western and central North Pacific
www.regulations.gov and at the EPA discretionary authority to address, as and eastern Indian oceans beginning
Region III Office (please contact the appropriate, disproportionate human August 2019. Pursuant to the
person identified in the FOR FURTHER health or environmental effects, using implementing regulations of the Marine
INFORMATION CONTACT section of this practicable and legally permissible Mammal Protection Act (MMPA), NMFS
proposed rulemaking for more methods, under Executive Order 12898 is announcing our receipt of the Navy’s
information). (59 FR 7629, February 16, 1994). request for the development and
VI. Statutory and Executive Order In addition, this proposed rule, implementation of regulations
Reviews concerning the SO2 attainment plan for governing the incidental taking of
the Indiana nonattainment area in marine mammals and inviting
Under the CAA, the Administrator is Pennsylvania, does not have tribal information, suggestions, and comments
required to approve a SIP submission implications as specified by Executive on the Navy’s application and request.
that complies with the provisions of the Order 13175 (65 FR 67249, November 9, DATES: Comments and information must
CAA and applicable federal regulations. 2000), because the SIP is not approved be received no later than August 13,
42 U.S.C. 7410(k); 40 CFR 52.02(a). to apply in Indian country located in the 2018.
Thus, in reviewing SIP submissions, state, and EPA notes that it will not
EPA’s role is to approve state choices, impose substantial direct costs on tribal ADDRESSES: Comments on the
provided that they meet the criteria of application should be addressed to Jolie
sradovich on DSK3GMQ082PROD with PROPOSALS
governments or preempt tribal law.
the CAA. Accordingly, this action Harrison, Chief, Permits and
merely approves state law as meeting List of Subjects in 40 CFR Part 52 Conservation Division, Office of
federal requirements and does not Protected Resources, National Marine
Environmental protection, Air Fisheries Service. Physical comments
impose additional requirements beyond
pollution control, Incorporation by should be sent to 1315 East-West
those imposed by state law. For that
reference, Reporting and recordkeeping Highway, Silver Spring, MD 20910–
reason, this proposed action:
• Is not a ‘‘significant regulatory requirements, Sulfur oxides. 3225 and electronic comments should
action’’ subject to review by the Office Authority: 42 U.S.C. 7401 et seq. be sent to ITP.Youngkin@noaa.gov.
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Description of the Specified Activity The number of transmission hours per • Restricting the use of SURTASS
year is pooled across all SURTASS LFA LFA sonar from within the foreign
The Navy proposes to continue to use sonar equipped vessels, regardless of the territorial seas of other nations;
the system onboard USNS surveillance number of ships. The SURTASS LFA • Ensuring sound pressure levels
ships for training and testing activities sonar transmission hours represent a (SPL) will not exceed 180 decibels (dB)
conducted under the authority of the distribution across six activities that re 1 micro pascals (mPa) root mean
Secretary of the Navy in the western and include: square (rms) within 12 nautical miles of
central Pacific Ocean and eastern Indian • Contractor crew proficiency any emerged features of any coastline,
Ocean. The U.S. Navy currently has four training (80 hours/year); or within designated offshore
surveillance ships that utilize SURTASS • Military crew (MILCREW) biologically important areas (OBIAs) for
LFA sonar systems: the USNS ABLE, the proficiency training (96 hours/year); marine mammals; and
USNS EFFECTIVE, the USNS • Participation in, or support of, Navy • Minimizing exposure of marine
IMPECCABLE and the USNS exercises (96 hours/year); mammals to SURTASS LFA sonar signal
VICTORIOUS. The Navy may develop • Vessel and equipment maintenance received levels of 180 dB re 1 mPa (rms)
and field additional SURTASS LFA (64 hours/year); or more by monitoring for their presence
equipped vessels, either to replace or • Acoustic research testing (160 and suspending sonar transmission
complement the Navy’s current hours/year); and when animals enter the mitigation zone.
SURTASS LFA capable fleet, and these • New SURTASS LFA sonar system
vessels may be in use beginning in the testing (96 hours/year, occurring in year Information Solicited
fifth year of the time period covered by 5 and beyond only). Interested persons may submit
their latest application. Thus, the Navy’s The application describes the activity information, suggestions, and comments
activity analysis included consideration types, the equipment and platforms concerning the Navy’s request (see
of the sonar hours associated with involved, and the duration and potential ADDRESSES). NMFS will consider all
future testing of new or updated LFA locations of the specified activities. information, suggestions, and comments
sonar system components and new A suite of proposed mitigation related to the Navy’s request and NMFS’
ocean surveillance vessels. This resulted measures have been included in the development and implementation of
in two annual transmit hour scenarios: proposed action to minimize the regulations governing the incidental
Years 1 to 4 would entail a maximum potential effects to marine mammals taking of marine mammals by the
of 496 LFA transmission hours total per that could potentially be affected during Navy’s SURTASS LFA sonar activities.
year across all SURTASS LFA vessels, SURTASS LFA sonar activities. For
while year 5 and beyond would include training and testing activities of the Dated: July 9, 2018.
an increase in LFA sonar transmit hours proposed action, these mitigation Donna S. Wieting,
to a maximum of 592 hours across all measures include: Director, Office of Protected Resources,
vessels to accommodate future testing of • Restricting the use of SURTASS National Marine Fisheries Service.
new ocean surveillance vessels and new LFA sonar such that it will not operate [FR Doc. 2018–14967 Filed 7–12–18; 8:45 am]
or updated sonar system components. in Arctic and Antarctic waters; BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with PROPOSALS
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Document Created: 2018-07-13 01:04:29
Document Modified: 2018-07-13 01:04:29
| 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 | Proposed Rules | |
| Action | Receipt of application for rulemaking and letter of authorization; request for comments and information. | |
| Dates | Comments and information must be received no later than August 13, 2018. | |
| Contact | Dale Youngkin, Office of Protected Resources, NMFS; phone: (301) 427-8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/national/marine-mammal-protection/incidental- take-authorizations-military-readiness-activities. In case of problems accessing these documents, please call the contact listed above. | |
| FR Citation | 83 FR 32615 | |
| RIN Number | 0648-XG27 |
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