[Federal Register Volume 62, Number 81 (Monday, April 28, 1997)]
[Proposed Rules]
[Pages 22902-22903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10800]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 960318084-6199-03; I.D. 071596C]
RIN 0648-AG55
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Naval Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: On March 11, 1997, the U.S. Navy submitted a petition to NMFS
amending its June 7, 1996, application and requesting a modification to
the proposed effective date of the regulations proposed by NMFS issuing
an incidental small take exemption under the Marine Mammal Protection
Act (MMPA) to take a small number of marine mammals incidental to shock
testing the USS SEAWOLF submarine in the offshore waters of the U.S.
Atlantic coast in 1997. By this notice, NMFS, in accordance with the
Navy's request, amends the proposed regulations to make them effective
from April 1 through September 30, 1998 and 1999. NMFS invites comment
on this modification.
DATES: Comments must be received no later than May 28, 1997.
ADDRESSES: Comments should be addressed to Michael Payne, Chief, Marine
Mammal Conservation Division, Office of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD 20910-3226. A copy of the March
11, 1997 petition, the application, or the proposed rule may be
obtained by writing to the above address, telephoning the person below
(see FOR FURTHER INFORMATION CONTACT) or by leaving a voice mail
request at (301) 713-4070.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, (301)
713-2055.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
NMFS 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
geographical region if certain findings are made and regulations are
issued.
Permission may be granted for periods of 5 years or less if NMFS
finds that the taking will have a negligible impact on the species or
stock(s) of marine mammals, will not have an unmitigable adverse impact
on the availability of these species for subsistence uses, and
regulations are prescribed setting forth the permissible methods of
taking and the requirements pertaining to the monitoring and reporting
of such taking.
On June 7, 1996, NMFS received an application for an incidental,
small take exemption under section 101(a)(5)(A) of the MMPA from the
U.S. Navy to take marine mammals incidental to shock testing the USS
SEAWOLF submarine off the U.S. Atlantic coast. The USS SEAWOLF is the
first of a new class of submarines being acquired by the Navy. In
accordance with 10 U.S.C. 2366, each new class of ships constructed for
the Navy cannot proceed beyond initial production until realistic
survivability testing of the ship and its components are completed.
Realistic survivability testing means testing for vulnerability in
combat by firing munitions likely to be encountered in combat. This
testing and assessment is commonly referred to as ``Live Fire Test &
Evaluation (LFT&E).'' Because realistic testing by detonating torpedoes
or mines against a ship's hull could result in the loss of a multi-
billion dollar Navy asset, the Navy has established an LFT&E program
consisting of computer modeling, component and surrogate testing, and
shock testing the entire ship. Together, these components complete the
survivability testing as required by 10 U.S.C. 2366.
The shock test component of LFT&E is a series of underwater
detonations that propagate a shock wave through a ship's hull under
deliberate and controlled conditions. Shock tests simulate near misses
from underwater explosions similar to those encountered in combat.
Shock testing verifies the accuracy of design specifications for shock
testing ships and systems, uncovers weaknesses in shock sensitive
components that may compromise the performance of vital systems, and
provides a basis for correcting deficiencies and upgrading ship and
component design specifications. While computer modeling and laboratory
testing provide useful information, they cannot substitute for shock
testing under realistic, offshore conditions. To minimize cost and risk
to personnel, the first ship in each new class is shock tested and
improvements are applied to later ships of the class.
[[Page 22903]]
In its original application, the Navy proposed to shock test the
USS SEAWOLF by detonating a single 4,536-kg (10,000-lb) explosive
charge near the submarine once per week over a 5-week period between
April 1 and September 30, 1997. If the Mayport, FL, site is selected,
the shock tests would be conducted between May 1 and September 30, 1997
in order to minimize risk to sea turtles. Detonations would occur 30 m
(100 ft) below the ocean surface in a water depth of 152 m (500 ft).
The USS SEAWOLF would be underway at a depth of 20 m (65 ft) at the
time of the test. For each test, the submarine would move closer to the
explosive so the submarine would experience a more severe shock.
As part of a separate review under the National Environmental
Policy Act, two sites, Mayport, FL and Norfolk, VA, are being
considered by the Navy for the USS SEAWOLF shock test effort. The
Mayport site is located on the continental shelf of Georgia and
northeast Florida and the Norfolk site is located on the continental
shelf offshore of Virginia and North Carolina. The Mayport site is the
preferred location by the Navy because of a lower abundance of marine
mammals at that site. Because of the potential impact on marine
mammals, the Navy has requested NMFS to grant an exemption under
section 101(a)(5)(A) of the MMPA that would authorize the incidental
taking and issue regulations governing the take.
On August 2, 1996 (61 FR 40377), NMFS published a proposed rule to
issue an incidental small take exemption under the MMPA to take a small
number of marine mammals incidental to shock testing the USS SEAWOLF
submarine in the offshore waters of the U.S. Atlantic coast in 1997. A
correction notice on the proposed regulations was published on August
23, 1996 (61 FR 43517). The comment period for the proposed rule closed
on September 17, 1996. During the 45-day comment period, NMFS received
5 letters commenting on the rule. These comments, and relevant comments
received as a result of this notice, will be addressed in the notice of
final determination which will be published in the Federal Register.
Summary of Request
On March 11, 1997, the U.S. Navy submitted a petition to NMFS
amending its June 7, 1996, application and requesting a modification to
the proposed regulations for an incidental small take exemption under
the MMPA to take a small number of marine mammals incidental to shock
testing the USS SEAWOLF submarine in the offshore waters of the U.S.
Atlantic coast in 1997. The petition states that the U.S. Navy, for
reasons unrelated to the environment, will not be able to conduct the
shock trial from April 1, 1997, through September 30, 1997, and
requests that the period of effectiveness for the regulations and the
shock trial be extended until 1999. No modification to the proposed
seasonal restriction (which would prohibit any marine mammal takings
from October 1 through March 31 at the Norfolk site and from October 1
through April 30 at the Mayport site) to protect marine mammal and sea
turtle species is requested. Because section 101(a)(5)(A) of the MMPA
provides for small take authorizations to be effective for periods up
to 5 years, NMFS believes that granting this request to modify the
effective date of the proposed rule is warranted.
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Small Business Administration
that the August 2, 1996, proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities
since it would apply only to the U.S. Navy and would have no effect,
directly or indirectly, on small businesses. Extending the effective
date for the rule has no effect on the economic impact or on who would
be impacted.
This proposed rule does not contain a collection-of- information
requirement subject to the provisions of the Paperwork Reduction Act.
List of Subjects in 50 CFR Part 216
Administrative practice and procedure, Imports, Indians, Marine
mammals, Penalties, Reporting and recordkeeping requirements,
Transportation.
Dated: April 22, 1997.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For reasons set forth in the preamble, 50 CFR part 216 is proposed
to be amended as follows:
PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
1. The authority citation for part 216 continues to read as
follows:
Authority: 16 U.S.C. 1361 et seq. unless otherwise noted.
2. Subpart O is amended by adding Sec. 216.162 to read as follows:
Subpart O--Taking of Marine Mammals Incidental to Shock Testing the
USS SEAWOLF by Detonation of Conventional Explosives in the
Offshore Waters of the U.S. Atlantic Coast
* * * * *
Sec. 216.162 Effective dates.
Regulations in this subpart are effective from April 1 through
September 30, 1998, and April 1 through September 30, 1999.
[FR Doc. 97-10800 Filed 4-25-97; 8:45 am]
BILLING CODE 3510-22-F
