Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Training and Testing Activities in the Mariana Islands Training and Testing Study Area, 9495-9497 [2019-04818]
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Federal Register / Vol. 84, No. 51 / Friday, March 15, 2019 / Notices
351.214(b)(2)(iv), Muchsee Wood
submitted documentation establishing
the following: (1) The date on which the
company first shipped multilayered
wood flooring for export to the United
States and the date on which the
multilayered wood flooring was first
entered, or withdrawn from warehouse,
for consumption; (2) the volume of its
first shipment; and (3) the date of its
first sale to an unaffiliated customer in
the United States.9
Commerce conducted a query of the
U.S. Customs and Border Protection
(CBP) database and confirmed that
Muchsee Wood’s shipment of subject
merchandise had entered the United
States for consumption and that
liquidation of such entries had been
properly suspended for antidumping
duties. The information which
Commerce examined was consistent
with that provided by Muchsee Wood in
its request. In particular, the CBP data
confirmed the price and quantity
reported by Muchsee Wood for the sale
that forms the basis of this NSR request.
Commerce also confirmed by examining
CBP data that Muchsee Wood’s entries
were made during the POR specified by
Commerce’s regulations.10
On February 26, 2019, the petitioner,
the American Manufacturers of
Multilayered Wood Flooring (AMMWF),
filed new factual information in
response to Muchsee Wood’s request for
an NSR.11 Commerce accepted the
petitioner’s submission and established
a timeline for interested parties to
submit new factual information to rebut,
clarify, or correct the information in the
petitioner’s submission.12 On March 8,
2019, Muchsee Wood timely submitted
rebuttal information regarding its sale to
an unaffiliated U.S. customer during the
proposed POR. Because this new factual
information and rebuttal information
were filed so close in time to the March
12, 2019, deadline to initiate the NSR,
there was insufficient time to perform
the necessary analysis; therefore,
Commerce will evaluate this
9 Id.
at Exhibit 1.
Memorandum to the File, ‘‘U.S. Customs
and Border Protection Data’’ for Muchsee Wood,’’
dated concurrently with this notice; see also
Memorandum to the File, ‘‘Initiation of
Antidumping New Shipper Review of Multilayered
Wood Flooring from the People’s Republic of China:
Muchsee Wood (Chuzhou) Co., Ltd. Initiation
Checklist’’ (‘‘Muchsee Wood Initiation Checklist’’),
dated concurrently with this notice.
11 See Letter from Petitioner, ‘‘Multilayered Wood
Flooring From the People’s Republic of China:
Comments on Muchsee Wood’s Request for New
Shipper Review,’’ dated February 26, 2019.
12 See Memorandum to the File, ‘‘Timeline to
Rebut Factual Information for Muchsee Wood
(Chuzhou) Co., Ltd.,’’ dated March 1, 2019.
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10 See
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information during the course of the
review.
Period of Review
Pursuant to 19 CFR 351.214(c), an
exporter or producer may request an
NSR within one year of the date on
which its subject merchandise was first
entered. Muchsee Wood requested this
NSR within one year of the date on
which its multilayered wood flooring
was first entered, and made its request
in the month of December, which is the
anniversary month of the Order. In
accordance with 19 CFR
351.214(g)(1)(i)(A), the POR is December
1, 2017, through November 30, 2018.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act, 19 CFR 351.214(b), and the
information on the record, Commerce
finds that Muchsee Wood’s request
meets the threshold requirements for
initiation of a NSR and is therefore
initiating an NSR of Muchsee Wood.13
However, if the information supplied by
Muchsee Wood is later found to be
incorrect or insufficient during the
course of this proceeding, Commerce
may rescind the review or apply adverse
facts available pursuant to section 776
of the Act, depending upon the facts on
record. Commerce intends to issue the
preliminary results within 180 days
from the date of initiation, and the final
results within 90 days from the issuance
of the preliminary results.14
It is our usual practice, in cases
involving non-market economies, to
require that a company seeking to
establish eligibility for an antidumping
duty rate separate from the countrywide rate (i.e., a separate rate) provide
evidence of de jure and de facto absence
of government control over the
company’s export activities.15
Accordingly, Commerce will issue
questionnaires to Muchsee Wood that
will include a section requesting
information with regard to the
company’s export activities for the
purpose of establishing its eligibility for
a separate rate. The review will proceed
if the response provides sufficient
indication that Muchsee Wood is not
subject to either de jure or de facto
government control with respect to its
exports of subject merchandise.
We will conduct this new shipper
review in accordance with section
751(a)(2)(B) of the Act, as amended by
13 See
Muchsee Wood Initiation Checklist.
14 See section 751(a)(2)(B)(iii) of the Act and 19
CFR 351.214(i).
15 See Import Administration Policy Bulletin,
Number: 05.1. (https://ia.ita.doc.gov/policy/bull051.pdf).
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9495
the Trade Facilitation and Trade
Enforcement Act of 2015.16
Interested parties requiring access to
proprietary information in this
proceeding should submit applications
for disclosure under administrative
protective order in accordance with 19
CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and 19 CFR
351.221(c)(1)(i).
Dated: March 12, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2019–04880 Filed 3–14–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG873
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Navy Training and
Testing Activities in the Mariana
Islands Training and Testing Study
Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
a 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 training and testing
activities conducted in the Mariana
Islands Training and Testing (MITT)
Study Area for a period of seven years,
from August, 2020 through August,
2027. Pursuant to regulations
implementing the Marine Mammal
Protection Act (MMPA), NMFS is
announcing receipt of the Navy’s
request for the development and
implementation of regulations
governing the incidental taking of
marine mammals. NMFS invites the
public to provide information,
suggestions, and comments on the
Navy’s application and request.
DATES: Comments and information must
be received no later than April 15, 2019.
SUMMARY:
16 The Trade Facilitation and Trade Enforcement
Act of 2015 removed from section 751(a)(2)(B) of
the Act the provision directing Commerce to
instruct Customs and Border Protection to allow an
importer the option of posting a bond or security
in lieu of a cash deposit during the pendency of a
new shipper review.
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9496
Federal Register / Vol. 84, No. 51 / Friday, March 15, 2019 / Notices
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 and
electronic comments should be sent to
ITP.Egger@noaa.gov.
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 25megabyte 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 to the
internet at www.nmfs.noaa.gov/pr/
permits/incidental/military.htm 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Stephanie Egger, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of the Navy’s
application may be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/military.htm. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
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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) within a specified
geographic region if certain findings are
made and either regulations are issued
or, if the taking is limited to harassment,
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
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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.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
The National Defense Authorization
Act for Fiscal Year 2004 (Pub. L. 108–
136) removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations indicated above 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). On August 13,
2018, the 2019 NDAA (Pub. L. 115–232)
amended the MMPA to allow incidental
take regulations for military readiness
activities to be issued for up to seven
years.
Summary of Request
On February 11, 2019, NMFS received
an adequate and complete application
from the Navy requesting authorization
for the take of marine mammals, by
Level A and B harassment, incidental to
training, testing, and routine military
operations (all categorized as military
readiness activities) from the use of
sonar and other transducers and inwater detonations. The requested
regulations will be valid for seven years,
from 2020 through 2027.
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This will be the third time NMFS has
promulgated incidental take regulations
pursuant to the MMPA relating to
similar military readiness activities in
the MITT Study Area, following those
effective from August 3, 2010, through
August 3, 2015, (75 FR 45527; August 3,
2010) and from August 3, 2015 through
August 3, 2020 (80 FR 46112; August 3,
2015).
Description of the Specified Activity
The MITT Study Area is comprised of
three components: (1) The Mariana
Islands Range Complex (MIRC), (2)
additional areas on the high seas, and
(3) a transit corridor between the MIRC
and the Hawaii Range Complex (HRC)
(see Figure 1.1–1 of the application).
The transit corridor is outside the
geographic boundaries of the MIRC and
represents a great-circle route across the
high seas for Navy ships transiting
between the MIRC and the HRC. The
proposed activities also includes
various operations in Apra Harbor such
as sonar maintenance and testing
alongside Navy piers located in Inner
Apra Harbor.
The following types of training and
testing, which are classified as military
readiness activities pursuant to section
315(f) of Public Law 101–314 (16 U.S.C.
703), are included in the specified
activity described in the Navy’s
application: Amphibious warfare (inwater detonations), anti-submarine
warfare (sonar and other transducers, inwater detonations), surface warfare (inwater detonations), and other (sonar and
other transducers).
The Navy’s application includes
proposed mitigation measures for
marine mammals that would be
implemented during training and testing
activities in the MITT Study Area.
Proposed procedural mitigation
measures generally include: (1) The use
of Lookouts to observe for biological
resources and communicate the need for
mitigation implementation; (2)
powerdowns, shutdowns, and delay of
starts to avoid exposure of marine
mammals to high levels of sound or
explosive blasts more likely to result in
injury or more serious behavioral
disruption; and (3) limiting the use of
active sonar or explosives in certain
biologically important areas to reduce
the probability or severity of impacts
when they are more likely to contribute
to fitness impacts.
The Navy also proposes to undertake
monitoring and reporting efforts to track
compliance with incidental take
authorizations and to help investigate
the effectiveness of implemented
mitigation measures in the MITT Study
Area. This can include Adaptive
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Federal Register / Vol. 84, No. 51 / Friday, March 15, 2019 / Notices
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
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.
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 request during the
development of proposed regulations
governing the incidental taking of
marine mammals by the Navy, if
appropriate.
Dated: March 11, 2019.
Catherine G. Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2019–04818 Filed 3–14–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2019–0005]
Notice Regarding a New Pilot Program
Concerning Motion To Amend Practice
and Procedures in Trial Proceedings
Under the America Invents Act Before
the Patent Trial and Appeal Board
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of pilot program.
AGENCY:
The United States Patent and
Trademark Office (‘‘USPTO’’ or
‘‘Office’’) provides notice of a pilot
program for motion to amend (‘‘MTA’’)
practice and procedures in trial
proceedings under the America Invents
Act (‘‘AIA’’) before the Patent Trial and
Appeal Board (‘‘PTAB’’ or ‘‘Board’’). In
particular, a patent owner who files an
MTA will have the ability to choose
how that motion will proceed before the
Board, including whether to request
preliminary guidance from the Board on
the MTA and whether to file a revised
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SUMMARY:
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MTA. The Office previously published
a notice requesting comments on
proposed modifications to the current
MTA practice and procedures. The
Office has considered those comments
and greatly appreciates the feedback. In
view of the comments received, the
Office has modified its prior proposal in
certain respects as reflected in this
notice, and will implement the MTA
pilot program presented in this notice.
DATES: This pilot will begin on March
15, 2019.
Applicability Date: This pilot program
applies to all AIA trial proceedings
instituted on or after the effective date.
Duration: The USPTO anticipates it
will reassess the MTA pilot program
approximately one year from its
effective date based on information
obtained during the pilot program. The
USPTO may terminate the pilot program
at any time or continue the program
(with or without modifications)
depending on the feedback received
during the course of the pilot program,
and the effectiveness of the program.
FOR FURTHER INFORMATION CONTACT:
Melissa Haapala, Acting Vice Chief
Administrative Patent Judge, or Jessica
Kaiser, Lead Administrative Patent
Judge, by telephone at (571) 272–9797.
SUPPLEMENTARY INFORMATION:
I. Preamble
On October 29, 2018, the Office
published a request for comments
(‘‘RFC’’) on a proposed procedure for
motions to amend filed in inter partes
reviews, post-grant reviews, and
covered business method patent reviews
(collectively AIA trials) before the
PTAB. The Office received 49 comments
in response to this RFC as of December
21, 2018 (the closing date for
comments). The majority of comments
supported the Office taking action in
relation to MTA practice and
procedures in AIA trials. Several
comments suggested that the Office
should reconsider the timelines of due
dates presented in the initial RFC. Other
comments suggested further revisions,
discussed in greater detail below.
This notice provides information
relating to the pilot program for a new
MTA practice in response to the
stakeholder comments received. As
discussed below, the pilot program
provides a patent owner with two
options not previously available. The
first option is that a patent owner may
choose to receive preliminary guidance
from the Board on its MTA. The second
option is that a patent owner may
choose to file a revised MTA after
receiving petitioner’s opposition to the
original MTA and/or after receiving the
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9497
Board’s preliminary guidance (if
requested).
In addition to these new options, the
patent owner also will be able to pursue
an MTA in effectively the same way as
current practice. Specifically, if a patent
owner does not elect either the option
to receive preliminary guidance or the
option to file a revised MTA, AIA trial
practice, including MTA practice, is
essentially unchanged from current
practice, especially regarding the timing
of due dates for already existing papers
in an AIA trial. One exception is that
times between due dates for certain
later-filed papers will be extended
slightly, as compared to the existing
process. For example, rather than 1
month, a patent owner will have 6
weeks to file a reply after receiving an
opposition to its original MTA, and a
petitioner will have 6 weeks to file a
sur-reply in response to that reply. See
infra Appendix 1A (PO Reply
Timeline). In addition, to align relevant
due dates as done in current practice, a
patent owner will have 6 weeks to file
a sur-reply after receiving a reply in
relation to the petition, regardless of
whether patent owner files an MTA. Id.
The first notable new feature of the
program is that a patent owner may
request, in its MTA, that the Board issue
preliminary guidance on the MTA after
a petitioner files an opposition to an
MTA (or after the due date for the
opposition, if none is filed). The
preliminary guidance typically will be
in the form of a short paper (although
it may be oral guidance provided in a
conference call, at the Board’s
discretion) that provides preliminary,
non-binding guidance from the Board to
the parties about the MTA. The Board’s
preliminary guidance will focus on the
limitations added in the patent owner’s
MTA, and will not address the
patentability of the originally
challenged claims.
With that in mind, the preliminary
guidance will provide an initial
discussion about whether there is a
reasonable likelihood that the MTA
meets statutory and regulatory
requirements for an MTA. The
preliminary guidance also will provide
an initial discussion about whether
petitioner (or the record then before the
Office, including any opposition to the
MTA and accompanying evidence)
establishes a reasonable likelihood that
the substitute claims are unpatentable.
Many stakeholders who provided
comments to the October 2018 Request
for Comment on MTA Practice and
Procedure on this topic indicated that
they were in favor of the Board
providing some kind of preliminary
guidance of this nature. See Request for
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]]>Agencies
[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Notices]
[Pages 9495-9497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04818]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG873
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Training and Testing Activities in the Mariana
Islands Training and Testing Study Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for a 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 training and testing
activities conducted in the Mariana Islands Training and Testing (MITT)
Study Area for a period of seven years, from August, 2020 through
August, 2027. Pursuant to regulations implementing the Marine Mammal
Protection Act (MMPA), NMFS is announcing receipt of the Navy's request
for the development and implementation of regulations governing the
incidental taking of marine mammals. NMFS invites the public to provide
information, suggestions, and comments on the Navy's application and
request.
DATES: Comments and information must be received no later than April
15, 2019.
[[Page 9496]]
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 and
electronic comments should be sent to ITP.Egger@noaa.gov.
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 to the internet at
www.nmfs.noaa.gov/pr/permits/incidental/military.htm 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: Stephanie Egger, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the Navy's
application may be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/military.htm. 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.)
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) within a specified geographic region if certain findings are
made and either regulations are issued or, if the taking is limited to
harassment, 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.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) removed the ``small numbers'' and ``specified geographical
region'' limitations indicated above 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). On August 13,
2018, the 2019 NDAA (Pub. L. 115-232) amended the MMPA to allow
incidental take regulations for military readiness activities to be
issued for up to seven years.
Summary of Request
On February 11, 2019, NMFS received an adequate and complete
application from the Navy requesting authorization for the take of
marine mammals, by Level A and B harassment, incidental to training,
testing, and routine military operations (all categorized as military
readiness activities) from the use of sonar and other transducers and
in-water detonations. The requested regulations will be valid for seven
years, from 2020 through 2027.
This will be the third time NMFS has promulgated incidental take
regulations pursuant to the MMPA relating to similar military readiness
activities in the MITT Study Area, following those effective from
August 3, 2010, through August 3, 2015, (75 FR 45527; August 3, 2010)
and from August 3, 2015 through August 3, 2020 (80 FR 46112; August 3,
2015).
Description of the Specified Activity
The MITT Study Area is comprised of three components: (1) The
Mariana Islands Range Complex (MIRC), (2) additional areas on the high
seas, and (3) a transit corridor between the MIRC and the Hawaii Range
Complex (HRC) (see Figure 1.1-1 of the application). The transit
corridor is outside the geographic boundaries of the MIRC and
represents a great-circle route across the high seas for Navy ships
transiting between the MIRC and the HRC. The proposed activities also
includes various operations in Apra Harbor such as sonar maintenance
and testing alongside Navy piers located in Inner Apra Harbor.
The following types of training and testing, which are classified
as military readiness activities pursuant to section 315(f) of Public
Law 101-314 (16 U.S.C. 703), are included in the specified activity
described in the Navy's application: Amphibious warfare (in-water
detonations), anti-submarine warfare (sonar and other transducers, in-
water detonations), surface warfare (in-water detonations), and other
(sonar and other transducers).
The Navy's application includes proposed mitigation measures for
marine mammals that would be implemented during training and testing
activities in the MITT Study Area. Proposed procedural mitigation
measures generally include: (1) The use of Lookouts to observe for
biological resources and communicate the need for mitigation
implementation; (2) powerdowns, shutdowns, and delay of starts to avoid
exposure of marine mammals to high levels of sound or explosive blasts
more likely to result in injury or more serious behavioral disruption;
and (3) limiting the use of active sonar or explosives in certain
biologically important areas to reduce the probability or severity of
impacts when they are more likely to contribute to fitness impacts.
The Navy also proposes to undertake monitoring and reporting
efforts to track compliance with incidental take authorizations and to
help investigate the effectiveness of implemented mitigation measures
in the MITT Study Area. This can include Adaptive
[[Page 9497]]
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 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.
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
request during the development of proposed regulations governing the
incidental taking of marine mammals by the Navy, if appropriate.
Dated: March 11, 2019.
Catherine G. Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2019-04818 Filed 3-14-19; 8:45 am]
BILLING CODE 3510-22-P
