Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area, 60679-60680 [2012-24538]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Notices
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: ‘‘(i) Any act that
injures or has the significant potential to
injure a 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].’’
emcdonald on DSK67QTVN1PROD with NOTICES
Summary of Request
On April 13, 2012, NMFS received an
application from the Navy requesting
two letters of authorization (LOAs) for
the take of 39 species of marine
mammals incidental to Navy training
and testing activities to be conducted in
the HSTT Study Area over 5 years. The
Navy is requesting a 5-year LOA for
training activities and a 5-year LOA for
testing activities, each proposed to be
conducted from 2014 through 2019. The
Study Area includes three existing range
complexes: the Southern California
(SOCAL) Range Complex, Hawaii Range
Complex (HRC), and Silver Strand
Training Complex (SSTC) (see page 2 of
the Navy’s application for a map). In
addition, the Study Area includes Navy
pierside locations and areas on the high
seas where maintenance, training, or
testing may occur. These activities are
classified as military readiness
activities. The Navy states that these
activities may expose some of the
marine mammals present within the
Study Area to sound from active sonar,
underwater detonations, and pile
driving and removal. In addition,
incidental takes of marine mammals
may occur from ship strikes. The Navy
is requesting authorization to take 39
marine mammal species by Level B
harassment and 30 marine mammal
species by serious injury or mortality.
Description of the Specified Activity
In the application submitted to
NMFS, the Navy requests authorization
to take marine mammals incidental to
conducting the following training and
testing activities: amphibious warfare;
anti-surface warfare; anti-submarine
warfare; mine warfare; naval special
warfare; Naval Air Systems Command
VerDate Mar<15>2010
15:21 Oct 03, 2012
Jkt 229001
(NAVAIR) testing; Naval Sea Systems
Command (NAVSEA) testing; Space and
Naval Warfare Systems Command
(SPAWAR) testing; and Office of Naval
Research (ONR) and Naval Research
Laboratory (NRL) testing. Detailed
descriptions of these activities,
including duration, location, and
equipment involved, are provided in the
Navy’s application. The Navy has also
prepared a Draft Environmental Impact
Statement (DEIS) analyzing the effects
on the human environment of
implementing their preferred alternative
(among others).
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the Navy’s request (see
ADDRESSES). All input related to the
Navy’s HSTT request and NMFS’ role in
governing the incidental taking of
marine mammals will be considered by
NMFS when developing, if appropriate,
the most effective regulations governing
the issuance of letters of authorization.
Dated: September 27, 2012.
Helen M. Golde,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2012–24539 Filed 10–3–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC090
Takes of Marine Mammals Incidental to
Specified Activities; U.S. Navy Training
and Testing Activities in the Atlantic
Fleet Training and Testing Study Area
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.
AGENCY:
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 January 2014 through January
2019. Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS
announces our receipt of the Navy’s
request for the development and
implementation of regulations
governing the incidental taking of
marine mammals and invites
SUMMARY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
60679
information, suggestions, and comments
on the Navy’s application and request.
DATES: Comments and information must
be received no later than November 5,
2012.
ADDRESSES: Comments on the
application should be addressed to
Michael Payne, Chief, Permits and
Conservation 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
ITP.Hopper@noaa.gov. 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 https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm 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.
An electronic copy of the Navy’s
application may be obtained by writing
to the address specified above,
telephoning the contact listed below
(see FOR FURTHER INFORMATION CONTACT),
or visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm. The Navy’s Draft
Environmental Impact Statement (DEIS)
for AFTT was made available to the
public on May 11, 2012 (77 FR 27742).
NMFS is a cooperating agency in the
development of the Navy’s DEIS for
AFTT. The dates and times of the public
meetings may be viewed at: https://
www.aftteis.com. Documents cited in
this notice may also be viewed, by
appointment, during regular business
hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Brian D. Hopper, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by United States
citizens who engage in a specified
activity (other than commercial fishing)
within a specific geographical region if
certain findings are made and either
regulations are issued or, if the taking is
E:\FR\FM\04OCN1.SGM
04OCN1
60680
Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
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.’’
With respect to military readiness
activities, the MMPA defines
‘‘harassment’’ as: ‘‘(i) any act that
injures or has the significant potential to
injure a 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 April 13, 2012, NMFS received an
application from the Navy requesting
two letters of authorization (LOAs) for
the take of 40 species of marine
mammals incidental to Navy training
and testing activities to be conducted in
the AFTT Study Area over 5 years. The
Navy requests a 5-year LOA for training
activities and a 5-year LOA for testing
activities, each proposed to be
conducted from 2014 through 2019. The
Study Area includes the following range
complexes: the Northeast Range
Complexes (consisting of the Boston,
Narragansett Bay, and Atlantic City
Ranges Complexes); the Naval Undersea
Warfare Center Division, Newport
Testing Range; the Virginia Capes Range
Complex (VACAPES); the Navy Cherry
Point Range Complex (CHPT); the
Jacksonville Range Complex (JAX), the
South Florida Ocean Measurement
Facility Testing Range; the Undersea
Warfare Training Range; the Key West
Range Complex; the Naval Surface
Warfare Center, Panama City Division
Testing Range; and the Gulf of Mexico
Range Complex (GOMEX) (see Figure 1–
1 in the Navy’s LOA application for a
map of the AFTT Study Area). In
VerDate Mar<15>2010
15:21 Oct 03, 2012
Jkt 229001
addition, the Study Area includes Navy
pierside locations and areas on the high
seas where maintenance, training, or
testing may occur. These activities are
classified as military readiness
activities. The Navy states that these
activities may expose some of the
marine mammals present within the
Study Area to sound from active sonar,
underwater detonations, and pile
driving and removal. In addition,
incidental takes of marine mammals
may occur from ship strikes.
Description of the Specified Activity
In the application submitted to
NMFS, the Navy requests authorization
to take marine mammals incidental to
conducting training and testing
operations that involve the use of active
acoustics and underwater detonations.
These non-impulsive (sonar) and
impulsive (explosives) sources would be
used during the following training and
testing activities: amphibious warfare;
anti-surface warfare; anti-submarine
warfare; mine warfare; naval special
warfare; Naval Air Systems Command
(NAVAIR) testing; Naval Sea Systems
Command (NAVSEA) testing; Space and
Naval Warfare Systems Command
(SPAWAR) testing; and Office of Naval
Research (ONR) and Naval Research
Laboratory (NRL) testing. Detailed
descriptions of these activities are
included in the LOA application.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the Navy’s request (see
ADDRESSES). All input related to the
Navy’s AFTT request and NMFS’ role in
governing the incidental taking of
marine mammals will be considered by
NMFS when developing, if appropriate,
the most effective regulations governing
the issuance of letters of authorization.
Dated: September 27, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2012–24538 Filed 10–3–12; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket No. 120928505–2505–01]
RIN 0660–XC002
Development of the Nationwide
Interoperable Public Safety Broadband
Network
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice of inquiry.
AGENCY:
The National
Telecommunications and Information
Administration (NTIA) issues this
Notice of Inquiry (NOI) on behalf of the
First Responder Network Authority
(FirstNet) to seek public comment on
the conceptual network architecture
presentation made at the FirstNet Board
of Directors’ meeting held on September
25, 2012, as well as to invite input on
other network design and business plan
considerations. NTIA also seeks
comment on the general concept of how
to develop applications for public safety
users as discussed at the FirstNet Board
meeting. FirstNet intends to use the
input received from this process to
shape its efforts to establish the
interoperable public safety broadband
network based on a single, nationwide
network architecture called for under
the Middle Class Tax Relief and Job
Creation Act of 2012 (Act).1
DATES: Comments must be received no
later than November 1, 2012 at 5:00 p.m.
Eastern Daylight Time.
ADDRESSES: Written comments may be
submitted by email to
firstnetnoi@ntia.doc.gov. Written
comments also may be submitted by
mail to: National Telecommunications
and Information Administration, U.S.
Department of Commerce, 1401
Constitution Avenue NW., HCHB Room
7324, Attn: FirstNet NOI, Washington,
DC 20230. Please note that all material
sent via the U.S. Postal Service
(including ‘‘Overnight’’ or ‘‘Express
Mail’’) is subject to delivery delays of up
to two weeks due to mail security
procedures. Responders should include
the name of the person or organization
filing the comment, as well as a page
number, on each page of their
submissions. Paper submissions should
also include a CD or DVD with an
electronic version of the document,
which should be labeled with the name
SUMMARY:
1 Middle Class Tax Relief and Job Creation Act of
2012, Public Law 112–96, 126 Stat. 156 (2012)
(Act).
Frm 00010
Fmt 4703
Sfmt 4703
E:\FR\FM\04OCN1.SGM
04OCN1
]]>Agencies
[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Notices]
[Pages 60679-60680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24538]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC090
Takes of Marine Mammals Incidental to Specified Activities; 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.
-----------------------------------------------------------------------
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 January 2014 through January 2019. Pursuant to
the Marine Mammal Protection Act (MMPA), NMFS announces our receipt of
the Navy's request for the development and implementation of
regulations governing the incidental taking of marine mammals and
invites information, suggestions, and comments on the Navy's
application and request.
DATES: Comments and information must be received no later than November
5, 2012.
ADDRESSES: Comments on the application should be addressed to Michael
Payne, Chief, Permits and Conservation 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 ITP.Hopper@noaa.gov. 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 https://www.nmfs.noaa.gov/pr/permits/incidental.htm 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.
An electronic copy of the Navy's application may be obtained by
writing to the address specified above, telephoning the contact listed
below (see FOR FURTHER INFORMATION CONTACT), or visiting the internet
at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. The Navy's
Draft Environmental Impact Statement (DEIS) for AFTT was made available
to the public on May 11, 2012 (77 FR 27742). NMFS is a cooperating
agency in the development of the Navy's DEIS for AFTT. The dates and
times of the public meetings may be viewed at: https://www.aftteis.com.
Documents cited in this notice may also be viewed, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Brian D. Hopper, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by United States citizens who engage in a specified activity
(other than commercial fishing) within a specific geographical region
if certain findings are made and either regulations are issued or, if
the taking is
[[Page 60680]]
limited to harassment, a notice of a proposed authorization is provided
to the public for review.
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.''
With respect to military readiness activities, the MMPA defines
``harassment'' as: ``(i) any act that injures or has the significant
potential to injure a 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 April 13, 2012, NMFS received an application from the Navy
requesting two letters of authorization (LOAs) for the take of 40
species of marine mammals incidental to Navy training and testing
activities to be conducted in the AFTT Study Area over 5 years. The
Navy requests a 5-year LOA for training activities and a 5-year LOA for
testing activities, each proposed to be conducted from 2014 through
2019. The Study Area includes the following range complexes: the
Northeast Range Complexes (consisting of the Boston, Narragansett Bay,
and Atlantic City Ranges Complexes); the Naval Undersea Warfare Center
Division, Newport Testing Range; the Virginia Capes Range Complex
(VACAPES); the Navy Cherry Point Range Complex (CHPT); the Jacksonville
Range Complex (JAX), the South Florida Ocean Measurement Facility
Testing Range; the Undersea Warfare Training Range; the Key West Range
Complex; the Naval Surface Warfare Center, Panama City Division Testing
Range; and the Gulf of Mexico Range Complex (GOMEX) (see Figure 1-1 in
the Navy's LOA application for a map of the AFTT Study Area). In
addition, the Study Area includes Navy pierside locations and areas on
the high seas where maintenance, training, or testing may occur. These
activities are classified as military readiness activities. The Navy
states that these activities may expose some of the marine mammals
present within the Study Area to sound from active sonar, underwater
detonations, and pile driving and removal. In addition, incidental
takes of marine mammals may occur from ship strikes.
Description of the Specified Activity
In the application submitted to NMFS, the Navy requests
authorization to take marine mammals incidental to conducting training
and testing operations that involve the use of active acoustics and
underwater detonations. These non-impulsive (sonar) and impulsive
(explosives) sources would be used during the following training and
testing activities: amphibious warfare; anti-surface warfare; anti-
submarine warfare; mine warfare; naval special warfare; Naval Air
Systems Command (NAVAIR) testing; Naval Sea Systems Command (NAVSEA)
testing; Space and Naval Warfare Systems Command (SPAWAR) testing; and
Office of Naval Research (ONR) and Naval Research Laboratory (NRL)
testing. Detailed descriptions of these activities are included in the
LOA application.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). All input
related to the Navy's AFTT request and NMFS' role in governing the
incidental taking of marine mammals will be considered by NMFS when
developing, if appropriate, the most effective regulations governing
the issuance of letters of authorization.
Dated: September 27, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-24538 Filed 10-3-12; 8:45 am]
BILLING CODE 3510-22-P
