[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Notices]
[Pages 38595-38597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15925]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC032
Taking and Importing Marine Mammals; Precision Strike Weapon and
Air-to-Surface Gunnery Training and Testing Operations at Eglin Air
Force Base, FL
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.
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SUMMARY: NMFS has received an application from the U.S. Department of
the Air Force, Headquarters 96th Air Base Wing (U.S. Air Force), Eglin
Air Force Base (Eglin AFB) for authorization to take marine mammals, by
harassment, incidental to testing and training activities associated
with Precision Strike Weapon (PSW) and Air-to-Surface (AS) gunnery
missions, both of which are military readiness activities, at Eglin
AFB, FL from approximately September 2012, to September 2017. Pursuant
to Marine Mammal Protection Act (MMPA) implementing regulations, NMFS
announces receipt of the U.S. Air Force's request for the development
and implementation of regulations governing the incidental taking of
marine mammals and inviting information, suggestions, and comments on
the U.S. Air Force's application and request.
DATES: Comments and information must be received no later than July 30,
2012.
ADDRESSES: Comments on the application should be addressed to Michael
Payne, Cheif, 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 [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 http://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 application containing a list of the
references used in this document 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: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this
notice may 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:
Availability
An electronic copy of the application containing a list of the
references used in this document 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: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Documents cited in this notice may be viewed, by appointment,
during regular business hours, at the aforementioned address.
Background
In the case of military readiness activities (as defined by section
315(f) of Public Law 107-314; 16 U.S.C. 703 note), 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 geographical region if certain findings are
made and regulations are issued, or if the taking is limited to
harassment an Incidental Harassment Authorization (IHA) is issued. Upon
making a finding that an application for incidental take is adequate
and complete, NMFS commences the incidental take authorization process
by publishing in the Federal Register a notice of a receipt of an
application for the implementation of regulations or a proposed IHA.
An authorization for the incidental takings may be granted if NMFS
finds that the total taking during the relevant period will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for
[[Page 38596]]
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 to achieve the least
practicable adverse impact.
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 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 behavioral
patterns are abandoned or significantly altered (Level B harassment).
Summary of Request
On December 30, 2011, NMFS received an application from the U.S.
Air Force requesting an authorization for the take of marine mammals
incidental to PSW and AS gunnery testing and training operations. The
requested regulations would establish a framework for authorizing
incidental take in future Letters of Authorization (LOA). These LOAs,
if approved, would authorize the take, by Level A (physiological) and
Level B (behavioral) harassment, of Atlantic bottlenose dolphin
(Tursiops truncatus) and Atlantic spotted dolphin (Stenella frontalis)
incidental to PSW testing and training activities. Takes of dwarf sperm
whale (Kogia simus), pygmy sperm whale (K. breviceps), Atlantic
bottlenose dolphins (Tursiops truncatus), Atlantic spotted dolphin
(Stenella frontalis), pan tropical spotted dolphin (S. attenuate), and
spinner dolphin (S. longirostris) by Level B harassment would also be
authorized incidental to AS gunnery testing and training operations.
PSW missions would involve air-to-surface impacts of two weapons: (1)
The Joint Air-to-Surface Stand-off Missile (JASSM) AGM-158 A and B; and
(2) the small diameter bomb (SDB) (GBU-39/B), which result in
underwater detonations of up to approximately 300 lbs (136 kg) and 96
lbs (43.5 kg, double SDB) of net explosive weight (NEW), respectively.
AS gunnery missions would involve surface impacts of projectiles and
small underwater detonations. Pursuant to the MMPA, NMFS issued
regulations and annual LOAs for PSW activities from 2006 to 2011, and
annual Incidental Harassment Authorizations for AS gunnery activities
in 2006, 2007, 2008, 2009, 2010, and 2011.
Description of the Specified Activities
This section describes the PSW and AS gunnery testing and training
missions that have the potential to affect marine mammals present
within the test area. Both are considered to be a ``military readiness
activity'' as defined under 16 U.S.C. 703 note, and involve detonations
above the water, near the water surface, and under water within the
EGTTR. The PSW missions involve the two weapons identified above, the
JASSM and SDB, and AS gunnery missions typically involve the use of 25-
mm, 40-mm, and 105-mm gunnery rounds. These activities are described in
more detail in the following paragraphs.
PSW Missions
The JASSM is a precision cruise missile designed for launch from a
variety of aircraft at altitudes greater than 25,000 ft (7.6 km). The
JASSM has a range of more than 200 nautical miles (370.4 km) and
carries a 1,000-pound warhead. The JASSM has approximately 300 lbs of
TNT equivalent net explosive weight (NEW). After launch from the
aircraft, the JASSM cruises at altitudes greater than 12,000 ft (3.7
km) for the majority of its flight until making the terminal maneuver
towards the target. The testing exercises involving the JASSM would
consist of a maximum of two live shots (single) and four inert shots
(single) during the year. One live shot will detonate in water and one
will detonate in air. Detonation of the JASSM would occur under one of
the following three scenarios: (1) Detonation upon impact with the
target (about 1.5 m above the water's surface); (2) detonation upon
impact with a barge target at the surface of the water; or (3)
detonation at 120 milliseconds after contact with the surface of the
water.
The SDB is a GPS-guided bomb that can be carried and launched from
most USAF aircraft, which makes it an important element of the USAF's
Global Strike Task Force. The SDB has a range of up to 50 nautical
miles and carries a 217-lb warhead. The SDB has approximately 48 lbs of
TNT equivalent NEW. After being released from the aircraft at an
altitude greater than 15,000 ft (4.6 km), the SDB deploys ``Diamond
Back'' type wings that increase glide time and range as it descends
towards the target. Exercises involving the SDB consist of a maximum of
six live shots with two of the shots occurring simultaneously, and a
maximum of 12 inert shots with up to two occurring simultaneously.
Chase aircraft will accompany the launch of JASSM and SDB ordnance.
Chase aircraft include F-15, F-16, and T-38 aircraft. These aircraft
would follow the test items during captive carry and free flight, but
would not follow either item below a predetermined altitude as directed
by Flight Safety. Other airborne assets on site may include an E-9
turboprop aircraft or MH-60/53 helicopters circling around the target
location. Tanker aircraft, including KC-10s and KC-135s, would also be
used for aerial refueling of aircraft involved in training exercises.
In addition, an unmanned barge may also be on location to hold
instrumentation. If used, the barge would be up to 1,000 ft (304.8 m)
away from the target location.
Based on availability, there are two possible target types to be
used for the PSW mission tests. The first is a Container Express
(CONEX) target (see figure 1-4 in Eglin AFB's application) that
consists of five containers strapped, braced, and welded together to
form a single structure. The dimensions of each container are
approximately 8 ft by 8 ft by 40 ft (2.4 m by 2.4 m by 12.2 m). Each
container would contain 200 55-gallon steel drums (filled with air and
sealed) to provide buoyancy for the target. The second type of target
is a hopper barge, which is a non-self propelled vessel typically used
for transportation of bulk cargo (see figure 1-5 in Eglin AFB's
application). A typical hopper barge is approximately 30 ft by 12 ft
and 125 ft long (9.1 m by 3.7 m and 38.1 m long). The targets would be
held in place by a 4-point anchoring system using cables.
PSW testing and training activities conducted by Eglin AFB would
occur in the northern GOM in the EGTTR. Targets would be located in
water less than 200 ft (61 m) deep and from 15 to 24 nm (27.8 to 44.5
km) offshore, south of Santa Rosa Island and south of Cape San Blas
Site D3-A. PSW test missions may occur during any season of the year,
but only during daytime hours.
AS Gunnery Missions
AS gunnery missions involve the firing of 25-mm, 40-mm, and 105-mm
gunnery rounds from a circling AC-130 gunship. Each round contains 30
g, 392 g, and 2.1 kg of explosive, respectively. Live rounds must be
used to produce a visible surface splash that must be used to ``score''
the round (the impact of inert rounds on the sea surface would not be
detected). The U.S. Air Force has
[[Page 38597]]
developed a 105-mm training round (TR) that contains less than 10
percent of the amount of explosive material (0.16 kg) as compared to
the ``Full-Up'' (FU) 105-mm round. The TR was developed as one method
to mitigate effects on marine life during nighttime AS gunnery
exercises when visibility at the water surface is poor. However, the TR
cannot be used in the daytime because the amount of explosive material
is insufficient to be detected from the aircraft. To establish the test
target area, two Mk-25 flares are deployed or a target is towed into
the center of a 9.3 km cleared area on the water's surface. A typical
gunship mission lasts approximately 5 hrs without refueling and 6 hrs
when air-to-air refueling is accomplished.
Water ranges within the EGTTR that are typically used for AS
gunnery operations are located in the GOM offshore from the Florida
Panhandle (areas W-151A, W151B, W-151C, and W-151D as shown in Figure
1-9 in the Eglin AFB application). Data indicate that W-151A (Figure 1-
10 in the Eglin AFB application) is the most frequently used water
range due to its proximity to Hurlburt Field, but activities may occur
anywhere within the EGTTR. Eglin AFB proposes to conduct AS gunnery
missions year round during both daytime and nighttime hours.
Additional information on the Eglin AFB training operations is
contained in the application, which is available upon request (see
ADDRESSES).
Information Solicited
Interested persons may submit information, suggestions, and
comments related to the U.S. Air Force's request (see ADDRESSES). All
information, suggestions, and comments related to the U.S. Air Force's
PSW and AS gunnery testing and training operations request and NMFS'
potential development and implementation of regulations governing the
incidental taking of marine mammals by Eglin AFB's PSW and AS gunnery
testing and training operations will be considered by NMFS in
developing, if appropriate, the most effective regulations governing
the issuance of Letters of Authorization.
Dated: June 22, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-15925 Filed 6-27-12; 8:45 am]
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