53474 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT— 

Continued 

[9/1/2009 through 10/9/2009] 

Firm Address Date accepted 

for filing Products 

Innovative Coatings, Inc .......... 24 Jayar Road, Medway, MA 

02053.

9/25/2009 Custom molded grips, caps, sleeves and covers. 

Champion Bus, Inc./General 

Coach America.

331 Graham Rd., Imlay City, 

MI 48444.

9/25/2009 Passenger busses and coaches for public transportation. 

CAB Footwear LP ................... 2100 Wyoming Ave., EI Paso, 

TX 79903.

9/25/2009 Leather footwear, custom boots. 

S & S Cycle, Inc ...................... 14025 County Highway G, 

Viola, WI 54664–8892.

9/10/2009 Complete engines, performance parts, and stock replacement parts. 

ThyssenKrupp Bilstein of 

America, Inc.

8685 Berk Blvd, Hamilton, OH 

45015.

9/25/2009 Shock absorbers. 

Montana Sundown dba Rocky 

Mountain.

1883 Highway 93 S, Hamilton, 

MT 59840.

10/9/2009 Custom notched logs for log home kits. 

Precision Metalcraft, LLC ........ 2853 S. Hillaide St., Wichita, 

KS 67216–2546.

9/16/2009 High precision stainless steel, titanium & aluminum structural 

components for the aerospace industry. 

Klune Industries, Inc ................ 1800 North 300 West, Spanish Fork, UT 84660.9/22/2009 Precision machined aircraft components and assemblies. 

White Electronic Designs Corporation.3601 E. University Drive, 

Phoenix, AZ 85034–7217.

9/23/2009 Semiconductors and related devices. 

Turning Solutions, Inc ............. 34 East Harmer Street, Warren, PA 16365.9/10/2009 Turning Solutions, Inc. specializes in metal and nonmetal 

turned CNC precision products such as bolts, nuts, rivets, 

valves, pipe fittings and washers. 

Any party having a substantial 

interest in these proceedings may 

request a public hearing on the matter. 

A written request for a hearing must be 

submitted to the Office of Performance 

Evaluation, Room 7009, Economic 

Development Administration, U.S. 

Department of Commerce, Washington, 

DC 20230, no later than ten (10) 

calendar days following publication of 

this notice. Please follow the procedures 

set forth in Section 315.9 of EDA’s final 

rule (71 FR 56704) for procedures for 

requesting a public hearing. The Catalog 

of Federal Domestic Assistance official 

program number and title of the 

program under which these petitions are 

submitted is 11.313, Trade Adjustment 

Assistance. 

Dated: October 13, 2009. 

Bryan Borlik, 

Program Director, TAA for Firms. 

[FR Doc. E9–25036 Filed 10–16–09; 8:45 am] 

BILLING CODE 3510–24–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XS20 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Conducting Airto-Surface Gunnery Missions in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments. 

SUMMARY: NMFS received an 

application from the U.S. Air Force 

(USAF), Eglin Air Force Base (Eglin 

AFB), for renewal of an Incidental 

Harassment Authorization (IHA) to take 

marine mammals, by harassment, 

incidental to conducting air-to-surface 

(A–S) gunnery missions in the Gulf of 

Mexico (GOM). The USAF’s activities 

are considered military readiness 

activities. Pursuant to the MMPA, 

NMFS is requesting comments on its 

proposal to issue an IHA to Eglin AFB 

to take, by Level B harassment only, 

several species of marine mammal 

during the specified activity for a period 

of 1 year. 

DATES: Comments and information must 

be received no later than November 18, 

2009. 

ADDRESSES: Comments on the 

application should be addressed to 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225. The mailbox address for 

providing e-mail comments is 

PR1.0648–XS20@noaa.gov. NMFS is not 

responsible for e-mail comments sent to 

addresses other than the one provided 

here. Comments sent via e-mail, 

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. 

A copy of the application containing 

a list of the references used in this 

document and NMFS’ 2008 

Environmental Assessment (EA) and 

Finding of No Significant Impact 

(FONSI) 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 also be viewed, by 

appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Candace Nachman, Office of Protected 

Resources, NMFS, (301) 713–2289, ext 

156. 

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 


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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. 

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.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the U.S. can apply for 

an authorization to incidentally take 

small numbers of marine mammals by 

harassment. Section 101(a)(5)(D) 

establishes a 45-day time limit for 

NMFS review of an application 

followed by a 30-day public notice and 

comment period on any proposed 

authorizations for the incidental 

harassment of marine mammals. Within 

45 days of the close of the comment 

period, NMFS must either issue or deny 

the authorization. 

The National Defense Authorization 

Act (NDAA) (Pub. L. 108–136) removed 

the ‘‘small numbers’’ and ‘‘specified 

geographical region’’ provisions 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]. 

Summary of Request 

NMFS originally received an 

application on February 13, 2003, from 

Eglin AFB for the taking, by harassment, 

of marine mammals incidental to 

programmatic mission activities within 

the Eglin Gulf Test and Training Range 

(EGTTR). The EGTTR is described as the 

airspace over the GOM that is controlled 

by Eglin AFB. A notice of receipt of 

Eglin AFB’s application and Notice of 

Proposed IHA and request for 30-day 

public comment published on January 

23, 2006 (71 FR 3474). A 1-year IHA was 

subsequently issued to Eglin AFB for 

this activity on May 3, 2006 (71 FR 

27695, May 12, 2006). 

On January 29, 2007, NMFS received 

a request from Eglin AFB for a renewal 

of its IHA, which expired on May 2, 

2007. This application addendum 

requested revisions to three components 

of the IHA requirements: Protected 

species surveys, ramp-up procedures, 

and sea state restrictions. A Notice of 

Proposed IHA and request for 30-day 

public comment published on May 30, 

2007 (72 FR 29974). A 1-year IHA was 

subsequently issued to Eglin AFB for 

this activity on December 11, 2008 (73 

FR 78318, December 22, 2008) and is 

effective through December 10, 2009. 

On February 17, 2009, NMFS received 

a request from Eglin AFB for a renewal 

of its IHA, which is valid through 

December 10, 2009. No modifications to 

the activity location, the mission 

activities, or the mitigation and 

monitoring measures that are required 

under the 2008–2009 IHA have been 

requested by Eglin AFB. Therefore, 

these activities are identical to what has 

been described previously (73 FR 78318, 

December 22, 2008). A–S gunnery 

operations may potentially impact 

marine mammals at or near the water 

surface. Marine mammals could 

potentially be harassed, injured, or 

killed by exploding and non-exploding 

projectiles, and falling debris (USAF, 

2002). However, based on analyses 

provided in the USAF’s 2002 Final 

Programmatic EA (PEA), Eglin’s 

Supplemental Information Request 

(2003), and NMFS’ 2008 EA, as well as 

for reasons discussed later in this 

document, NMFS concurs with Eglin 

that gunnery exercises are not likely to 

result in any injury or mortality to 

marine mammals. Potential impacts 

resulting from A–S test operations 

include direct physical impacts (DPI) 

resulting from ordnance. Sixteen marine 

mammal species or stocks are 

considered for taking by Level B 

harassment incidental to Eglin AFB’s 

A–S activities and include: Bryde’s 

whale (Balaenoptera brydei); sperm 

whale (Physeter macrocephalus); dwarf 

sperm whale (Kogia simus); pygmy 

sperm whale (K. breviceps); Atlantic 

bottlenose dolphin (Tursiops truncatus); 

Atlantic spotted dolphin (Stenella 

frontalis); pantropical spotted dolphin 

(S. attenuata); Cuvier’s beaked whale 

(Ziphius cavirostris); Clymene dolphin 

(S. clymene); spinner dolphin (S. 

longirostris); striped dolphin (S. 

coeruleoalba); false killer whale 

(Pseudorca crassidens); pygmy killer 

whale (Feresa attenuata); Risso’s 

dolphin (Grampus griseus); roughtoothed dolphin (Steno bredanensis); 

and short-finned pilot whale 

(Globicephala macrorhynchus). 

Description of the Specified Activity 

A–S gunnery missions, a ‘‘military 

readiness activity’’ as defined under 16 

U.S.C. 703 note, involve surface impacts 

of projectiles and small underwater 

detonations with the potential to affect 

cetaceans that may occur within the 

EGTTR. These missions typically 

involve the use of 25-mm (0.98-in), 40- 

mm (1.57-in), and 105-mm (4.13-in) 

gunnery rounds containing, 0.0662 lb 

(30 g), 0.865 lb (392 g), and 4.7 lbs (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 USAF has developed a 

105-mm training round (TR) that 

contains less than 10 percent of the 

amount of explosive material (0.35 lb; 

0.16 kg) as compared to the ‘‘Full-Up’’ 

(FU) 105-mm (4.13 in) round. The TR 

was developed as one method to 

mitigate effects on marine life during 

nighttime A–S gunnery exercises when 

visibility at the water surface is poor. 

However, the TR cannot be used in the 

daytime since the amount of explosive 

material is insufficient to be detected 

from the aircraft. 

Water ranges within the EGTTR that 

are typically used for the gunnery 

operations are located in the GOM 

offshore from the Florida Panhandle 

(areas W–151A, W–151B, W–151C, and 

W–151D as shown in Figure 1–2 in 

Eglin’s 2003 application). Data indicate 

that W–151A (Figure 1–3 in Eglin’s 

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 these 

mission activities year round during 

both daytime and nighttime hours. 

Therefore, NMFS proposes to make the 

IHA effective for an entire year from 

December 11, 2009 (after expiration of 

the current IHA) through December 10, 

2010. 

As required under the 2006 IHA, the 

AC–130 gunship aircraft was to conduct 

at least two complete orbits at a 

minimum safe airspeed around a 

prospective target area at a maximum 

altitude of 1,500 ft (457 m). Based on an 


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amendment requested by Eglin AFB, 

NMFS required an operational altitude 

of approximately 4,500 to 10,000 ft 

(1,372–3,048 m) in the 2008 IHA. 

Ascent occurs over a 10–15 minute 

period. Eglin AFB has noted that the 

search area for these orbits ensures that 

no vessels (or protected species) are 

within an area of 5 nm (9.3 km) of the 

target. The AC–130 continues orbiting 

the selected target point as it climbs to 

the mission-testing altitude. During the 

low altitude orbits and the climb to 

testing altitude, aircraft crew visually 

scan the sea surface within the aircraft’s 

orbit circle for the presence of vessels 

and protected species. Primary 

responsibility for the surface scan is on 

the flight crew in the cockpit and 

personnel stationed in the tail observer 

bubble and starboard viewing window. 

The AC–130’s optical and electronic 

sensors are also employed for target 

clearance. If any marine mammals are 

detected within the AC–130’s orbit 

circle, either during initial clearance or 

after commencement of live firing, the 

aircraft will relocate to another target 

area and repeat the clearance 

procedures. A typical distance from the 

coast for this activity is at least 15 mi 

(24 km). 

When offshore, the crews can scan a 

5-nm (9.3-km) radius around the 

potential impact area to ensure it is 

clear of surface craft, marine mammals, 

and sea turtles. Scanning is 

accomplished using radar, all-light 

television (TV), infrared sensors (IR), 

and visual means. An alternative area 

would be selected if any cetaceans or 

vessels were detected within a 5-nm (9.3 

km) search area. Once the scan is 

completed, Mk-25 flares are dropped 

and the firing sequence is initiated. 

A typical gunship mission lasts 

approximately 5 hr without refueling 

and 6 hr when air-to-air refueling is 

accomplished. A typical mission 

includes the following sequence of 

events: (1) 30 min for take-off and to 

perform airborne sensor alignment, 

align electro-optical sensors (IR and TV) 

to heads-up display; (2) 1.5 to 2 hr of 

dry fire (no ordnance expended) and 

includes transition time; (3) 1.5 to 2 hr 

of live fire, and includes clearing the 

area and transiting to and from the range 

(actual firing activities typically do not 

exceed 30 min); (4) 1 hr air-to-air 

refueling, if and when performed; and 

(5) 30 min of transition work (take-offs, 

approaches, and landings-pattern work). 

The guns are fired during the live-fire 

phase of the mission. The actual firing 

can last from 30 min to 1.5 hr but is 

typically completed in 30 min. The 

number and type of A–S gunnery 

munitions deployed during a mission 

varies with each type of mission flown. 

In addition to the 25-, 40-, and 105-mm 

rounds, marking flares are also deployed 

as targets. All guns are fired at a specific 

target in the water, usually an Mk-25 

flare, starting with the lowest caliber 

ordnance or action with the least impact 

and proceeding to greater caliber sizes. 

To establish the test target area, two Mk25 flares are deployed into the center of 

the 5-nm (9.3-km) radius cleared area 

(visually clear of aircraft, ships, and 

surface marine species) on the water’s 

surface. The flare’s burn time normally 

lasts 10 to 20 min but could be much 

less if actually hit with one of the 

ordnance projectiles; however, some 

flares have burned as long as 40 min. 

Live fires are a continuous event with 

pauses during the firing usually well 

under a minute and rarely from 2 to 5 

min. Firing pauses would only exceed 

10 min if surface boat traffic or marine 

protected species caused the mission to 

relocate; if aircraft, gun, or targeting 

system problems existed; or if more 

flares needed to be deployed. The Eglin 

Safety Office has described the gunnery 

missions as having 95-percent 

containment with a 99-percent 

confidence level within a 5-m (16.4-ft) 

area around the established flare target 

test area. 

Live-Fire Event: 25-mm Round 

The 25-mm (0.98-in) firing event in a 

typical mission includes approximately 

500 to 1,000 rounds. These rounds are 

fired in short bursts. These bursts last 

approximately 2–3 s with approximately 

100 rounds per burst. Based on the very 

tight target area and extremely small 

‘‘miss’’ distance, these bursts of rounds 

all enter the water within a 5-m (16.4- 

ft) area. Therefore, when calculations of 

the marine mammal Zone of Impact 

(ZOI) and take estimates are made later 

in this document for the 25-mm rounds, 

calculations will be based on the total 

number of rounds fired per year divided 

by 100. 

Live-Fire Event: 40-mm Round 

The 40-mm (1.57 in) firing event of a 

typical mission includes approximately 

10 s with approximately 20 rounds per 

burst. Based on the very tight target area 

and extremely small ‘‘miss’’ distance, 

these bursts of rounds all enter the 

water within a 5-m (16.4 ft) area. 

Therefore, when calculations of the 

marine mammal ZOI and take estimates 

are made later in this document for the 

40-mm rounds, calculations will be 

based on the total number of rounds 

fired per year divided by 20. 

Live-Fire Event: 105-mm Round 

The 105-mm firing event of a typical 

mission includes approximately 20 

rounds. These rounds are not fired in 

bursts but as single shots. The 105-mm 

firing event lasts approximately 5 min 

with approximately two rounds per 

minute. Due to the single firing event of 

the 105-mm round, the peak pressure of 

each single 105-mm round is measured 

at a given distance (90 m (295 ft) for the 

105-mm TR and 216 m (709 ft) for the 

105-mm FU). 

As described in Eglin’s 2003 

application, gunnery testing in this 

request includes historical baseline 

yearly amounts in addition to proposed 

nighttime gunnery missions. Daytime 

gunnery testing uses the 105-mm FU 

round and nighttime gunnery training is 

proposed using the 105-mm TR. The 

number of 105-mm rounds including 

nighttime operations would amount to 

1,742. As shown in detail in Tables 1 

and 2, Eglin proposes to conduct a total 

of 28 daytime missions and 263 

nighttime missions annually, expending 

3,832 rounds in the daytime and 30,802 

rounds at night (242 105-mm FU and 

1,500 rounds would be the 105-mm TR). 

TABLE 1—SUMMARY OF DAYTIME GUNNERY TESTING OPERATIONS IN THE EGTTR 

Test area Category Expendable Condition 

Baseline 

quantity of 

expendables 

Number of 

missions 

Number of 

events 

W–151A ....... GUN ............. 105 mm HE .................................................. LIVE ............. 128 6 18 

25 mm HEI ................................................... LIVE ............. 1,275 1 1 

40 mm HEI ................................................... LIVE ............. 536 6 18 

W–151B ....... GUN ............. 105 mm HE .................................................. LIVE ............. 46 2 6 

25 mm HEI ................................................... LIVE ............. 294 1 1 

40 mm HEI ................................................... LIVE ............. 146 1 3 

W–151C ....... GUN ............. 105 mm HE .................................................. LIVE ............. 10 1 3 


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TABLE 1—SUMMARY OF DAYTIME GUNNERY TESTING OPERATIONS IN THE EGTTR—Continued 

Test area Category Expendable Condition 

Baseline 

quantity of 

expendables 

Number of 

missions 

Number of 

events 

25 mm HEI ................................................... LIVE ............. 142 1 1 

40 mm HEI ................................................... LIVE ............. 50 1 3 

W–151D ....... GUN ............. 105 mm HE .................................................. LIVE ............. 39 2 6 

25 mm HEI ................................................... LIVE ............. 567 1 1 

40 mm HEI ................................................... LIVE ............. 198 2 6 

W–151S ....... GUN ............. 105 mm HE .................................................. LIVE ............. 19 1 3 

25 mm HEI ................................................... LIVE ............. 283 1 1 

40 mm HEI ................................................... LIVE ............. 99 1 3 

Total ...... ...................... ....................................................................... ...................... 3,832 28 74 

TABLE 2—SUMMARY OF NIGHTTIME GUNNERY TRAINING OPERATIONS IN THE EGTTR 

Test area Category Expendable Condition Alt. 3 quantity Number of 

missions 

Number of 

events 

W–151A ....... GUN ............. 105 mm TR .................................................. LIVE ............. 902 45 135 

25 mm HEI ................................................... LIVE ............. 7,864 8 8 

40 mm HEI ................................................... LIVE ............. 9,811 102 306 

W–151B ....... GUN ............. 105 mm TR .................................................. LIVE ............. 255 13 39 

25 mm HEI ................................................... LIVE ............. 1,452 2 2 

40 mm HEI ................................................... LIVE ............. 3,023 31 93 

W–151C ....... GUN ............. 105 mm TR .................................................. LIVE ............. 197 9 36 

25 mm HEI ................................................... LIVE ............. 2,301 2 2 

40 mm HEI ................................................... LIVE ............. 2,302 24 72 

W–151D ....... GUN ............. 105 mm TR .................................................. LIVE ............. 133 7 21 

25 mm HEI ................................................... LIVE ............. 830 1 1 

40 mm HEI ................................................... LIVE ............. 1,583 16 48 

W–151S ....... GUN ............. 105 mm TR .................................................. LIVE ............. 13 1 3 

25 mm HEI ................................................... LIVE ............. 54 1 1 

40 mm HEI ................................................... LIVE ............. 82 1 3 

Total ...... ...................... ....................................................................... ...................... 30,802 263 770 

Description of Marine Mammals in the 

Area of the Specified Activity 

There are 29 species of marine 

mammals documented as occurring in 

Federal waters of the GOM. Of these 29 

species of marine mammals, 

approximately 21 may be found within 

the proposed action area, the EGTTR. 

These species are the Bryde’s whale, 

sperm whale, dwarf sperm whale, 

pygmy sperm whale, Atlantic bottlenose 

dolphin, Atlantic spotted dolphin, 

pantropical spotted dolphin, Blainville’s 

beaked whale (Mesoplodon 

densirostris), Cuvier’s beaked whale, 

Gervais’ beaked whale (M. europaeus), 

Clymene dolphin, spinner dolphin, 

striped dolphin, killer whale (Orcinus 

orca), false killer whale, pygmy killer 

whale, Risso’s dolphin, Fraser’s dolphin 

(Lagenodelphis hosei), melon-headed 

whale (Peponocephala electra), roughtoothed dolphin, and short-finned pilot 

whale. Of these species, only the sperm 

whale is listed as endangered under the 

Endangered Species Act (ESA) and as 

depleted throughout its range under the 

MMPA. While some of the other species 

listed here have depleted status under 

the MMPA, none of the GOM stocks of 

those species are considered depleted. 

More detailed information on these 

species can be found in Wursig et al. 

(2000), NMFS’ 2008 EA (see 

ADDRESSES), and in the NMFS U.S. 

Atlantic and GOM Stock Assessment 

Reports (Waring et al., 2009). This latter 

document is available at: http:// 

www.nefsc.noaa.gov/publications/tm/ 

tm210/. The West Indian manatee 

(Trichechus manatus) is managed by the 

U.S. Fish and Wildlife Service and is 

not considered further in this proposed 

IHA Federal Register notice. 

The species most likely to occur in 

the area of Eglin AFB’s proposed 

activities include: Atlantic bottlenose 

dolphin; Atlantic spotted dolphin; 

pantropical spotted dolphin; spinner 

dolphin; striped dolphin; Risso’s 

dolphin; Clymene dolphin; and dwarf 

and pygmy sperm whales. Blainville’s 

beaked whale, Gervais’ beaked whale, 

killer whale, Fraser’s dolphin, and 

melon-headed whales are rare in the 

project area and are not anticipated to 

be impacted by the A–S gunnery 

mission activities. Therefore, these five 

species are not considered further in 

this proposed IHA Federal Register 

notice. 

Cetacean abundance estimates for the 

study area are derived from GulfCet II 

(Davis et al., 2000) aerial surveys of the 

continental shelf within the Minerals 

Management Service (MMS) Eastern 

Planning Area, an area of 70,470 km2. 

Texas A&M University and NMFS 

conducted the surveys from 1996 to 

1998. Abundance and density data from 

the aerial survey portion of the survey 

best reflect the occurrence of cetaceans 

within the EGTTR, given that the survey 

area overlaps approximately one-third 

of the EGTTR and nearly the entire 

continental shelf region of the EGTTR 

where military activity is highest. 

Cetaceans inhabiting the study area may 

be grouped as odontocetes (toothed 

whales, including dolphins) or 

mysticetes (baleen whales). Most of the 

cetaceans occurring in the Gulf are 

odontocetes. Very few baleen whales 

exist in the Gulf and most would not be 

expected to occur within the study area 

given the known distribution of these 

species. Table 3–5 in the USAF 2002 

PEA lists the abundance and density of 

cetacean populations in the northern 


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GOM, as estimated from NMFS aerial 

surveys. However, in order to provide 

better species conservation and 

protection, the species density estimate 

data were adjusted by incorporating: (1) 

Temporal and spatial variations; (2) 

surfaced and submerged variations; and 

(3) overall density estimate confidence 

(Table 3–1 in Eglin AFB’s 2003 

application; see ADDRESSES). 

The GulfCet II aerial surveys 

identified different density estimates of 

marine mammals for the shelf and slope 

geographic locations. Accordingly, the 

greatest species density estimate 

available for any given location was 

utilized for conservative impact 

assessments. The final adjusted density 

incorporates marine mammal 

submergence factors and a confidence 

level of the density estimates. The 

GulfCet II surveys focus on enumerating 

animals detected at the ocean surface 

and therefore do not account for 

submerged animals. The percent time 

that an animal is submerged versus at 

the surface was obtained from Moore 

and Clarke (1998), and the density 

estimates were adjusted accordingly. 

Additionally, the standard deviations of 

the densities were calculated, and the 

information was used to provide an 

approximately 99 percent confidence 

level for the adjusted densities. The 

adjusted densities are outlined in Table 

3–1 in Eglin AFB’s 2003 application. 

Potential Effects of the Specified 

Activity on Marine Mammals 

A–S gunnery operations may 

potentially impact marine mammals at 

or near the water surface. Marine 

mammals could potentially be harassed, 

injured or killed by exploding and nonexploding projectiles, and falling debris 

(USAF, 2002). However, based on 

analyses provided in the USAF’s Final 

PEA, Eglin’s Supplemental Information 

Request (2003), and NMFS’ 2008 EA, 

NMFS concurs with Eglin that gunnery 

exercises are not likely to result in any 

injury or mortality to marine mammals. 

Explosive criteria and thresholds for 

assessing impacts of explosions on 

marine mammals were discussed by 

NMFS in detail in its issuance of an IHA 

for Eglin’s Precision Strike Weapon 

testing activity (70 FR 48675, August 19, 

2005) and are not repeated here. Please 

refer to that document for this 

background information. However, one 

part of the analysis has changed. That 

information is provided here. 

Subsequent to the issuance of the 

USAF 2002 PEA, NMFS updated one of 

the dual criteria related to the onset 

level for temporary threshold shift (TTS; 

a Level B harassment). The USAF 2002 

PEA describes the onset of TTS by a 

single explosion (impulse) based on the 

criterion in use at that time. Newly 

available information based on lab 

controlled experiments that used a 

seismic watergun to induce TTS in one 

beluga whale and one bottlenose 

dolphin (Finneran et al., 2002) showed 

measured TTS2 (TTS level 2 min after 

exposure) was 7 and 6 dB in the beluga 

at 0.4 and 30 kHz, respectively, after 

exposure to intense single pulses at 226 

dB re: 1 μPa p-p (peak to peak). This 

sound pressure level (SPL) is equivalent 

to 23 pounds per square inch (psi). 

Hearing threshold returned to within 2 

dB of the pre-exposure value within 4 

min of exposure. No TTS was observed 

in the bottlenose dolphin at the highest 

exposure condition (228 dB re 1 μPa pp). Therefore, NMFS updated the SPL 

from impulse sound that could induce 

TTS to 23 psi, from the previous 12 psi. 

Table 3 in this document outlines the 

acoustic criteria used by NMFS when 

addressing noise impacts from 

explosives. These criteria remain 

consistent with criteria established for 

other activities in the EGTTR and other 

acoustic activities authorized under 

sections 101(a)(5)(A) and (D) of the 

MMPA. The 23 psi criterion is used in 

this document and NMFS’ 2008 EA for 

evaluating the potential for the onset of 

TTS (Level B harassment) in marine 

mammals. Additional information on 

the derivation of the 23 psi criterion can 

be found in the Final Environmental 

Impact Statement/Overseas 

Environmental Impact Statement for the 

Shock Trial of the Mesa Verde (LPD 19) 

(Department of the Navy, 2008). 

TABLE 3—CURRENT NMFS ACOUSTIC

CRITERIA WHEN ADDRESSING HARASSMENT FROM EXPLOSIVES

Level B Behavior ....... 176 dB 1⁄3 Octave 

SEL (sound energy 

level). 

Level B TTS Dual Criterion.182 dB 1⁄3 Octave 

SEL. 

TABLE 3—CURRENT NMFS ACOUSTIC

CRITERIA WHEN ADDRESSING HARASSMENT FROM EXPLOSIVES—Continued 

Level A PTS (permanent threshold shift).205 dB SEL. 

Level B Dual Criteria 23 psi. 

Level A Injury ............ 13 psi-msec. 

Mortality ..................... 30.5 psi-msec. 

Direct Physical Impacts (DPI) 

Potential impacts resulting from A–S 

test operations include DPI resulting 

from ordnance. DPI could result from 

inert bombs, gunnery ammunition, and 

shrapnel from live missiles falling into 

the water. Marine mammals swimming 

at the surface could potentially be 

injured or killed by projectiles and 

falling debris if not sighted and firing 

discontinued. Mainly due to the 

comparatively large number of rounds 

expended, small arms gunnery 

operations offers a worst-case scenario 

for evaluating DPI of EGTTR operations. 

Some small-arms gunnery rounds 

contain small amounts of explosives, 

but the majority do not. However, the 

possibility of DPI to marine mammals is 

considered highly unlikely. Therefore, 

the risk of injury or mortality is low. 

The assumptions made by Eglin AFB for 

DPI calculations can be found in the 

USAF 2002 Final PEA under the 

analysis for Alternative 1. 

Approximately 606 small-arms gunnery 

firing events comprise the baseline level 

of potential DPI events, as shown here 

in Table 4. DPI impacts are only 

anticipated to affect marine species at or 

very near the ocean surface. 

Mortality resulting from DPI or the 

resulting sounds generated into the 

water column from detonations was 

determined to be highly unlikely and 

was not considered further by Eglin 

AFB or NMFS because of the small 

amounts of net explosive weight for 

each of the rounds fired in the EGTTR 

and the proposed mitigation measures 

discussed later in this document (see 

‘‘Proposed Mitigation’’ section). Impacts 

to marine mammals are anticipated to 

be limited to Level B harassment in the 

form of temporary changes in behavior 

or temporary changes in hearing 

thresholds (i.e., TTS). 

TABLE 4—EGTTR AIR-TO-SURFACE GUNNERY/SMALL ARMS OPERATIONS AS EVENTS

Activity/EGTTR event Percentage of 

events 

Number of 

events 

Small Arms 50 Cal Ball Events ........................................................................................................................... 16.3 99 

Small Arms 5.56 Linked Events .......................................................................................................................... 0.8 5 

Small Arms 7.62 mm Ball Events ........................................................................................................................ 82.8 502 


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TABLE 4—EGTTR AIR-TO-SURFACE GUNNERY/SMALL ARMS OPERATIONS AS EVENTS—Continued 

Activity/EGTTR event Percentage of 

events 

Number of 

events 

Total Baseline—Small Caliber Events ................................................................................................................. 100 606 

Anticipated Effects on Habitat 

The primary source of marine 

mammal habitat impact is noise 

resulting from gunnery missions. 

However, the noise does not constitute 

a long-term physical alteration of the 

water column or bottom topography, as 

the occurrences are of limited duration 

and are intermittent in time. The target 

flare’s burn time normally lasts 10 to 20 

min. Given this short time of a lighted 

environment and the variable locations 

they are dropped, no increases in 

density of phytoplankton or other 

organisms introducing primary 

productivity into the waters are 

expected to affect marine mammal 

habitat or populations. Also, live fires 

are a continuous event with pauses 

during the firing usually well under a 

minute and rarely from 2 to 5 min. 

Likewise, surface vessels associated 

with the missions are present in limited 

duration and are intermittent as well. 

Other sources that may affect marine 

mammal habitat were considered and 

potentially include the introduction of 

fuel, chaff, debris, ordnance, and 

chemical residues into the water 

column. Chemical residues can enter 

the water through ammunition, flares, 

drones, missiles, and smoke. However, 

the small quantities of chemical 

compounds that may potentially be 

introduced into the marine waters of the 

eastern GOM would rapidly disperse. 

These additions would be too small to 

adversely impact the GOM waters. 

Based on this information, NMFS has 

preliminarily determined that the 

proposed A–S gunnery mission 

activities will not have any impact on 

the food or feeding success of marine 

mammals in the northern GOM. 

Additionally, no loss or modification of 

the habitat used by cetaceans in the 

GOM is expected. Marine mammals are 

anticipated to temporarily vacate the 

area of live fire events. However, these 

events usually do not last more than 90 

to 120 min at a time, and animals are 

anticipated to return to the activity area 

during periods of non-activity. Thus, the 

proposed activity is not expected to 

have any habitat-related effects that 

could cause significant or long-term 

consequences for individual marine 

mammals or on the food sources that 

they utilize. 

Proposed Mitigation 

In order to issue an incidental take 

authorization (ITA) under Section 

101(a)(5)(A) and (D) of the MMPA, 

NMFS must, where applicable, set forth 

the permissible methods of taking 

pursuant to such activity and other 

means of effecting the least practicable 

impact on such species or stock and its 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stock for 

taking for certain subsistence uses 

(where relevant). The NDAA of 2004 

amended the MMPA as it relates to 

military readiness activities and the ITA 

process such that ‘‘least practicable 

impact’’ shall include consideration of 

personnel safety, practicality of 

implementation, and impact on the 

effectiveness of the ‘‘military readiness 

activity’’. The training activities 

described in Eglin AFB’s application are 

considered military readiness activities. 

The mitigation measures proposed for 

inclusion in the IHA are the same as 

those required in the current IHA (73 FR 

78318, December 22, 2008). These 

measures are virtually identical to the 

mitigation measures that were required 

in the 2006 IHA (71 FR 27695, May 12, 

2006). There were only three differences 

in the mitigation and monitoring 

measures between the 2006 and 2008 

IHAs. Eglin AFB’s 2007 application 

addendum requested revisions to three 

components of the IHA requirements: 

Protected species surveys, ramp-up 

procedures, and sea state restrictions. A 

discussion of the differences in the 

requirements can be found in the 2008 

IHA Notice of Issuance (73 FR 78318, 

December 22, 2008) and NMFS’ 2008 

EA. The revisions to those three 

requirements are also included in this 

proposed IHA. However, the 

explanations as to why Eglin AFB 

requested the changes and NMFS’ 

determinations specific to those three 

requirements are not repeated in this 

document. Readers should refer to 

either the 2008 IHA notice or NMFS’ 

2008 EA (see ADDRESSES) for the full 

explanation. 

Development of the Training Round 

The largest type of ammunition used 

during typical gunnery missions is the 

105-mm (4.13-in) round containing 4.7 

lbs (2.1 kg) of high explosive (HE). This 

is several times more HE than that 

found in the next largest round (40 mm/ 

1.57 in). As a mitigation technique, the 

USAF developed a 105-mm TR that 

contains only 0.35 lb (0.16 kg) of HE. 

The TR was developed to dramatically 

reduce the risk of harassment at night 

and Eglin AFB anticipates a 96 percent 

reduction in impact by using the 105- 

mm TR. 

Visual Mitigation 

Areas to be used in gunnery missions 

are visually monitored for marine 

mammal presence from the AC–130 

aircraft prior to commencement of the 

mission. If the presence of one or more 

marine mammals is detected, the target 

area will be avoided. In addition, 

monitoring will continue during the 

mission. If marine mammals are 

detected at any time, the mission will 

halt immediately and relocate as 

necessary or suspended until the marine 

mammal has left the area. Daytime and 

nighttime visual monitoring will be 

supplemented with IR and TV 

monitoring. As nighttime visual 

monitoring is generally considered to be 

ineffective at any height, the EGTTR 

missions will incorporate the TR. 

Ramp-Up Procedures 

The rationale for requiring ramp-up 

procedures is that this process may 

allow animals to perceive steadily 

increasing noise levels and to react, if 

necessary, before the noise reaches a 

threshold of significance. The AC–130 

gunship’s weapons are used in two 

activity phases. First, the guns are 

checked for functionality and calibrated. 

This step requires an abbreviated period 

of live fire. After the guns are 

determined to be ready for use, the 

mission proceeds under various test and 

training scenarios. This second phase 

involves a more extended period of live 

fire and can incorporate use of one or 

any combination of the munitions 

available (25-, 40-, and 105-mm rounds). 

The ramp-up procedure shall be 

required for the initial gun calibration, 

and, after this phase, the guns may be 

fired in any order. Eglin and NMFS 

believe this process will allow marine 

species the opportunity to respond to 

increasing noise levels. If an animal 

leaves the area during ramp-up, it is 

unlikely to return while the live-fire 


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mission is proceeding. This protocol 

allows a more realistic training 

experience. In combat situations, 

gunship crews would not likely fire the 

complete ammunition load of a given 

caliber gun before proceeding to another 

gun. Rather, a combination of guns 

would likely be used as required by an 

evolving situation. An additional benefit 

of this protocol is that mechanical or 

ammunition problems on an individual 

gun can be resolved while live fire 

continues with functioning weapons. 

This also diminishes the possibility of a 

lengthy pause in live fire, which, if 

greater than 10 min, would necessitate 

Eglin’s re-initiation of protected species 

surveys (described next). 

Other Mitigation 

In addition to the development of the 

TR, the visual mitigation, and the rampup procedures already described in this 

document, additional mitigation 

measures to protect marine life were 

included in the 2006 and 2008 IHAs and 

are proposed for inclusion in this 

proposed IHA. These requirements 

include: 

(1) If daytime weather and/or sea 

conditions preclude adequate aerial 

surveillance for detecting marine 

mammals and other marine life, A–S 

gunnery exercises must be delayed until 

adequate sea conditions exist for aerial 

surveillance to be undertaken. Daytime 

test firing will be conducted only when 

sea surface conditions are sea state 4 or 

less on the Beaufort scale. 

(2) Prior to each firing event, the 

aircraft crew will conduct a visual 

survey of the 5-nm (9.3-km) wide 

prospective target area to attempt to 

sight any marine mammals that may be 

present (the crew will do the same for 

sea turtles and Sargassum rafts). The 

AC–130 gunship will conduct at least 

two complete orbits at a minimum safe 

airspeed around a prospective target 

area at a maximum altitude of 6,000 ft 

(1,829 m). Provided marine mammals 

(and other protected species) are not 

detected, the AC–130 can then continue 

orbiting the selected target point as it 

climbs to the mission testing altitude. 

During the low altitude orbits and the 

climb to testing altitude, the aircraft 

crew will visually scan the sea surface 

within the aircraft’s orbit circle for the 

presence of marine mammals. Primary 

emphasis for the surface scan will be 

upon the flight crew in the cockpit and 

personnel stationed in the tail observer 

bubble and starboard viewing window. 

The AC–130’s optical and electronic 

sensors will also be employed for target 

clearance. If any marine mammals are 

detected within the AC–130’s orbit 

circle, either during initial clearance or 

after commencement of live firing, the 

aircraft will relocate to another target 

and repeat the clearance procedures. If 

multiple firing events occur within the 

same flight, these clearance procedures 

will precede each event. 

(3) The aircrews of the A–S gunnery 

missions will initiate location and 

surveillance of a suitable firing site 

immediately after exiting U.S. territorial 

waters (less than or equal to 12 nm (22 

km)). This would potentially restrict 

most gunnery activities to the shallower 

continental shelf waters of the GOM 

where marine mammal densities are 

typically lower, and thus potentially 

avoid the slope waters where the more 

sensitive species (e.g., endangered 

sperm whales) typically reside. 

(4) Observations will be accomplished 

using all-light TV, IR sensors, and visual 

means for at least 60 min prior to each 

exercise. 

(5) Aircrews will utilize visual, night 

vision goggles, and other onboard 

sensors to search for marine mammals 

while performing area clearance 

procedures during night-time premission activities. 

(6) If any marine mammals are sighted 

during pre-mission surveys or during 

the mission, activities will be 

immediately halted until the area is 

clear of all marine mammals for 60 min 

or the mission location relocated and 

resurveyed. 

(7) If post-detonation surveys 

determine that an injury or lethal take 

of a marine mammal has occurred, the 

test procedure and the monitoring 

methods must be reviewed with NMFS 

and appropriate changes must be made, 

prior to conducting the next air-tosurface gunnery exercise. 

NMFS has carefully evaluated the 

applicant’s proposed mitigation 

measures and considered a range of 

other measures in the context of 

ensuring that NMFS prescribes the 

means of effecting the least practicable 

impact on the affected marine mammal 

species and stocks and their habitat. Our 

evaluation of potential measures 

included consideration of the following 

factors in relation to one another: 

• The manner in which, and the 

degree to which, the successful 

implementation of the measure is 

expected to minimize adverse impacts 

to marine mammals; 

• The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and 

• The practicability of the measure 

for applicant implementation, including 

consideration of personnel safety, 

practicability of implementation, and 

impact on the effectiveness of the 

military-readiness activity. 

Based on our evaluation of the 

applicant’s proposed measures, as well 

as other measures considered by NMFS, 

NMFS has preliminarily determined 

that the proposed mitigation measures 

provide the means of effecting the least 

practicable impact on marine mammal 

species or stocks and their habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance, while also considering 

personnel safety, practicability of 

implementation, and impact on the 

effectiveness of the military-readiness 

activity. 

Proposed Monitoring and Reporting 

In order to issue an ITA for an 

activity, Section 101(a)(5)(D) of the 

MMPA states that NMFS must, where 

applicable, set forth ‘‘requirements 

pertaining to the monitoring and 

reporting of such taking’’. The MMPA 

implementing regulations at 50 CFR 

216.104(a)(13) indicate that requests for 

ITAs must include the suggested means 

of accomplishing the necessary 

monitoring and reporting that will result 

in increased knowledge of the species 

and of the level of taking or impacts on 

populations of marine mammals that are 

expected to be present in the proposed 

action area. 

The Incidental Take Statement in 

NMFS’ Biological Opinion on this 

action required certain monitoring 

measures to protect marine life. NMFS 

also imposed these same requirements, 

as well as additional ones, under Eglin 

AFB’s 2006 and 2008 IHAs as they 

related to marine mammals. NMFS is 

proposing to include these same 

measures in the 2009 IHA (if issued). 

They are: 

(1) The A–S gunnery mission aircrews 

will participate in the marine mammal 

species observation training. Designated 

crew members will be selected to 

receive training as protected species 

observers. Observers will receive 

training in protected species survey and 

identification techniques. 

(2) Aircrews will initiate the postmission clearance procedures beginning 

at the operational altitude of 

approximately 15,000 to 20,000 ft (4,572 

to 6,096 m) elevation, and then initiate 

a spiraling descent down to an 

observation altitude of approximately 

6,000 ft (1,829 m) elevation. Rates of 

descent will occur over a 3 to 5 min 

time frame. 

(3) Eglin will track their use of the 

EGTTR for test firing missions and 

protected species observations, through 

the use of mission reporting forms. 

(4) A–S gunnery missions will 

coordinate with next-day flight 

activities to provide supplemental postVerDate Nov<24>2008 16:51 Oct 16, 2009 Jkt 220001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\19OCN1.SGM 19OCN1

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mission observations for marine 

mammals in the operations area of the 

previous day. 

(5) A summary annual report of 

marine mammal observations and A–S 

activities will be submitted to the NMFS 

Southeast Regional Office (SERO) and 

the Office of Protected Resources either 

at the time of a request for renewal of 

an IHA or 90 days after expiration of the 

current IHA if a new IHA is not 

requested. This annual report must 

include the following information: 

(i) Date and time of each air-to-surface 

gunnery exercise; (ii) a complete 

description of the pre-exercise and postexercise activities related to mitigating 

and monitoring the effects of A–S 

gunnery exercises on marine mammal 

populations; (iii) results of the 

monitoring program, including numbers 

by species/stock of any marine 

mammals noted injured or killed as a 

result of the gunnery exercises and 

number of marine mammals (by species 

if possible) that may have been harassed 

due to presence within the 5-nm activity 

zone; and (iv) a detailed assessment of 

the effectiveness of sensor-based 

monitoring in detecting marine 

mammals in the area of A–S gunnery 

operations. 

(6) If any dead or injured marine 

mammals are observed or detected prior 

to testing, or injured or killed during 

live fire, a report must be made to 

NMFS by the following business day. 

(7) Any unauthorized takes of marine 

mammals (i.e., injury or mortality) must 

be immediately reported to NMFS and 

to the respective stranding network 

representative. 

Estimated Take by Incidental 

Harassment 

As it applies to a ‘‘military readiness 

activity’’, the definition of harassment is 

(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]. 

Only take by Level B harassment is 

anticipated as a result of the A–S 

gunnery mission activities. The 

exercises are expected to only affect 

animals at or very near the surface of the 

water. Cetaceans in the vicinity of the 

exercises may incur temporary changes 

in behavior and/or temporary changes 

in their hearing thresholds. Based on the 

mitigation and monitoring measures 

described earlier in this document, no 

injury or mortality of marine mammals 

is anticipated as a result of the A–S 

gunnery mission activities. 

DPI impacts are only anticipated to 

affect marine species at or very near the 

ocean surface. As a result, in order to 

calculate impacts, Eglin used corrected 

species densities (see Table 4–23 in the 

USAF’s Final PEA) to reflect the surface 

interval population, which is 

approximately 10 percent of densities 

calculated for distribution in the total 

water column. As shown in Table 5 in 

this document (and thereby correcting 

PEA Table 4–23), the impacts to marine 

mammals swimming at the surface that 

could potentially be injured or killed by 

projectiles and falling debris was 

determined to be an average of 0.2059 

marine mammals per year. However, 

NMFS believes that the mitigation 

measures that Eglin proposes under this 

action would significantly reduce even 

these low levels. 

In addition to small arms, Eglin 

calculated the potential for other nonexplosive items (bombs, missiles, and 

drones) to impact marine mammals. The 

number of annual events expected are 

551 bombs, 1,183 missiles, and 99 

drones. As shown in the 2002 Final PEA 

and Table 6 in this document, the 

potential for any non-small arms/nongunnery DPI to marine mammals is 

extremely remote and can, therefore, be 

discounted. 

Similar to non-small arms/nongunnery DPI impacts, DPI impacts from 

gunnery activities may also affect 

marine mammals in the surface zone. 

Again, DPI impacts are anticipated to 

affect only marine mammals at or near 

the ocean surface and not animals that 

are submerged at the time. Accordingly, 

the density estimates have been 

adjusted to indicate surface animals 

only being potentially affected. Using 

the firing methodology explained earlier 

in this document, Tables 7 and 8 

demonstrate that the potential for any 

DPI from gunnery activities are 

extremely remote and can be 

discounted. Using the largest round (105 

mm), it would take approximately 120 

yr to impact a marine mammal from 

daytime gunnery activities and 

approximately 27 yr to impact a marine 

mammal from nighttime gunnery 

activities. 

TABLE 5—POTENTIAL SMALL ARMS DPI IMPACTS (ANNUAL) TO MARINE MAMMAL SPECIES

Species Density 

(#/km2) 

Adjusted 

density (#/ 

km2) 

Impact zone 

area (km2) 

Animals in impact zone (#) Years to impact 1 animal 

Cetaceans ............................................................................ 4.381 0.4381 0.047874 2.10E–02 48 

Threatened and Endangered Cetaceans ............................ 0.011 0.0011 0.047874 5.27E–05 18,989 

TABLE 6—POTENTIAL NON-SMALL ARMS/NON-GUNNERY DPI IMPACTS (ANNUAL) TO MARINE MAMMAL SPECIES

Species Density 

(#/km2) 

Adjusted 

density (#/ 

km2) 

Impact zone 

area (km2) 

Animals in impact zone (#) Years to impact 1 animal 

Cetaceans ............................................................................ 4.381 0.4381 0.00688 0.003014128 332 

Threatened and Endangered Cetaceans ............................ 0.011 0.0011 0.00688 0.000007568 132,135 


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TABLE 7—POTENTIAL DAYTIME GUNNERY DPI IMPACTS (ANNUAL) TO MARINE CETACEANS

Species/shell size Density (#/km) 

Adjusted 

density (#/ 

km2) 

Impact zone 

area (km2) 

Number of 

events (#) 

Animals in 

impact zone 

(#) 

Years to impact 1 animal 

(#) 

Cetacea ....................................................

(25 mm) .................................................... 4.381 0.4381 .00007854 26 .000881198 1,135 

Cetacea ....................................................

(40 mm) .................................................... 4.381 0.4381 .00007854 51 .001770311 565 

Cetacea ....................................................

(105mm) ................................................... 4.381 0.4381 .00007854 242 .008326827 120 

TABLE 8—POTENTIAL NIGHTTIME GUNNERY DPI IMPACTS (ANNUAL) TO MARINE CETACEANS

Species/shell size Density (#/km) Adjusted density (#/km2) 

Impact zone 

area (km2) 

Number of 

events (#) 

Animals in impact zone (#) 

Years to impact 1 animal 

(#) 

Cetacea (25 mm) ..................................... 4.381 0.4381 .00007854 125 .004287972 233 

Cetacea (40 mm) ..................................... 4.381 0.4381 .00007854 723 .024873814 40 

Cetacea (105mm) .................................... 4.381 0.4381 .00007854 1061 .036507285 27 

Estimating the impacts to marine 

mammals from underwater detonations 

is difficult due to complexities of the 

physics of explosive sound under water 

and the limited understanding with 

respect to hearing in marine mammals. 

Detailed assessments were made in the 

notice for the 2006 and 2008 IHAs on 

this action (71 FR 27695, May 12, 2006; 

73 FR 78318, December 22, 2008) and 

are repeated in this Federal Register 

notice. These assessments used, and 

improved upon, the criteria and 

thresholds for marine mammal impacts 

that were developed for the shock trials 

of the USS SEAWOLF and the USS 

Winston S. Churchill (DDG–81) (Navy, 

1998; 2001). The criteria and thresholds 

used in those actions were adopted by 

NMFS for use in calculating incidental 

takes from explosives. Criteria for 

assessing impacts from Eglin AFB’s 

A–S gunnery exercises include: (1) 

Mortality, as determined by exposure to 

a certain level of positive impulse 

pressure (expressed as pounds per 

square inch per millisecond or psimsec); (2) injury, both hearing-related 

and non-hearing related; and (3) 

harassment, as determined by a 

temporary loss of some hearing ability 

and behavioral reactions. Similar to the 

effects from DPI, due to the small 

amounts of net explosive weight (NEW) 

for each of the rounds fired in the 

EGTTR and the mitigation measures 

proposed by NMFS for implementation, 

mortality resulting from either DPI or 

the resulting sounds generated into the 

water column from detonations was 

determined to be highly unlikely and 

was not considered further by Eglin 

AFB or NMFS. 

Permanent hearing loss is considered 

an injury and is termed permanent 

threshold shift (PTS). NMFS, therefore, 

categorizes PTS as Level A harassment. 

Temporary loss of hearing ability is 

termed TTS, meaning a temporary 

reduction of hearing sensitivity which 

abates following noise exposure. TTS is 

considered non-injurious and is 

categorized as Level B harassment. 

NMFS recognizes dual criteria for TTS, 

one based on peak pressure and one 

based on the greatest 1⁄3 octave sound 

exposure level (SEL) or energy flux 

density level (EFDL), with the more 

conservative (i.e., larger) of the two 

criteria being selected for impacts 

analysis (note: SEL and EFDL are used 

interchangeably, but with increasing 

scientific preference for SEL). The peak 

pressure metric used in previous shock 

trials to represent TTS was 12 pounds 

per square inch (psi) which, for the 

NEW used, resulted in a zone of 

possible Level B harassment 

approximately equal to that obtained by 

using a 182 decibel (dB) re 

1 microPa2-s, total EFDL/SEL metric. 

The 12-psi metric is largely based on 

anatomical studies and extrapolations 

from terrestrial mammal data (see 

Ketten, 1995; Navy, 1999 (Appendix E, 

Churchill FEIS; and 70 FR 48675 

(August 19, 2005)) for background 

information). However, the results of a 

more recent investigation involving 

marine mammals suggest that, for small 

charges, the 12-psi metric is not an 

adequate predictor of the onset of TTS 

but that one should use 23 psi. This 

explanation is provided earlier in this 

document. 

Documented behavioral reactions 

occur at noise levels below those 

considered to cause TTS in marine 

mammals (Finneran et al., 2002; 

Schlundt et al., 2000; Finneran and 

Schlundt, 2004). In controlled 

experimental situations, behavioral 

effects are typically defined as 

alterations of trained behaviors. 

Behavioral effects in wild animals are 

more difficult to define but may include 

decreased ability to feed, communicate, 

migrate, or reproduce. Abandonment of 

an area due to repeated noise exposure 

is also considered a behavioral effect. 

Analyses in other sections of this 

document refer to such behavioral 

effects as ‘‘sub-TTS Level B 

harassment.’’ Schlundt et al. (2000) 

exposed bottlenose dolphins and beluga 

whales to various pure-tone sound 

frequencies and intensities in order to 

measure underwater hearing thresholds. 

Masking is considered to have occurred 

because of ambient noise environment 

in which the experiments took place. 

Sound levels were progressively 

increased until behavioral alterations 

were noted (at which point the onset of 

TTS was presumed). It was found that 

decreasing the sound intensity by 4 to 

6 dB greatly decreased the occurrence of 

anomalous behaviors. The lowest sound 

pressure levels, over all frequencies, at 

which altered behaviors were observed, 

ranged from 178 to 193 dB re 1 μPa for 

the bottlenose dolphins and from 180 to 

196 dB re 1 μPa for the beluga whales. 

Thus, it is reasonable to consider that 

sub-TTS (behavioral) effects occur at 

approximately 6 dB below the TTSinducing sound level, or at 

approximately 176 dB in the greatest 1⁄3

octave band EFDL/SEL. 

Table 3 (earlier in this document) 

summarizes the relevant thresholds for 

levels of noise that may result in Level 

A harassment (injury) or Level B 

harassment via TTS or behavioral 

disturbance to marine mammals. 


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Mortality and injury thresholds are 

designed to be conservative by 

considering the impacts that would 

occur to the most sensitive life stage 

(e.g., a dolphin calf). Table 9 provides 

the estimated ZOI radii for the EGTTR 

ordnance. At this time, there are no 

empirical data or information that 

would allow NMFS to establish a peak 

pressure criterion for sub-TTS 

behavioral disruption. 

TABLE 9—ESTIMATED RANGE FOR A ZONE OF IMPACT (ZOI) DISTANCE FOR THE EGTTR ORDNANCE

Expendable 

Level A harassment-injurious(205 

dB) EFD (m) 

Level B harassment non-injurious 

(182 dB) EFD for 

TTS (m) 

Level B harassment non-injurious 

(23 psi) for TTS 

(m) 

Level B harassment-non-injurious 

(176 dB) EFD for 

behavior (m) 

105 mm FU .............................................................................. 0.79 11.1 216 22.1 

105-mm TR .............................................................................. 0.22 3.0 90 6.0 

40-mm HE ................................................................................ 0.33 4.7 122 9.4 

25-mm HE ................................................................................ 0.11 1.3 49 2.6 

FU=Full-up; TR=Training Round; HE=High Explosive 

As mentioned previously, the EGTTR 

live fire events are continuous events 

with pauses during the firing usually 

well under a minute and rarely from 2 

to 5 min. Live fire typically occurs 

within a 30 min time frame, including 

all ordnance fired: 25 mm (Phase I), 40 

mm (Phase II), and 10 mm (Phase III), 

and where the 105-mm ordnance are 

fired as separate rounds with up to 

30-s intervals, the 25-mm and the 40- 

mm are often fired in multiple bursts. 

These bursts include multiple rounds 

(25 to 100) within a 10- to 20-s time 

frame. Eglin notes that even if animal 

avoidance once firing commences is not 

considered, the average swim speed (1.5 

m/s) of an animal would not allow 

sufficient time for new animals to reenter the Level B harassment ZOI (23 

psi) within the time frame of a single 

burst. As such, only the peak pressure 

of a single round is measured per burst 

and experienced at a given distance (49 

m (161 ft; Phase I), 122 m (400 ft; Phase 

II)). 

For daytime firing, it is assumed that 

the average swim speed per cetacean is 

approximately 3 knots or 1.5 m/sec. As 

a conservative scenario, Eglin assumes 

that there is one animal present within 

or near the 216-m Level B harassment 

(TTS) ZOI (FU 105-mm round ZOI) 

which may be potentially ensonified 

within the 23-psi TTS exposure at the 

time that the 105-mm live firing begins. 

Density distributions have assumed an 

even distribution of approximately 4.38 

animals/km2 or approximately 500 m 

(1640 ft) apart (all species) for the take 

estimate analysis. At this density 

distribution and typical swim speed, the 

next available cetacean would approach 

the perimeter of the 216-m (709 ft) ZOI 

(23-psi TTS ZOI) in approximately 5.5 

min, assuming a straight line path. With 

live-fire events for the 105-mm 

occurring at a rate of approximately 2 

rounds/min, nearly one half (or 10 

rounds) of the total 105-mm rounds (20 

rounds) would potentially be expended 

within this 5.5 min time frame. If the 

concept of marine mammal avoidance of 

an area once firing commences is not 

considered, an average swim speed of 

1.5 m/s (4.9 ft/s) would allow sufficient 

time for new animals to re-enter the 23- 

psi TTS impact area. Allowing for a 

potential 2 min break in firing after 10 

rounds are expended, it is, therefore, 

conservative and reasonable to assume 

that nearly 3 to 4 individual animals 

could be exposed to the 23-psi TTS 

sound level during a typical 20 round 

firing event. Therefore, the ZOI and 

Level B harassment take estimate 

calculations are based on the total 

number of rounds fired per year divided 

by 5, or approximately 20 percent. This 

approach assumes that although single 

animals may be ensonified more than 

once due to the time required to exit the 

23 psi TTS ZOI, animals are not 

considered to be ‘‘taken’’ more than 

once for the purposes of estimating take 

levels. 

Similarly, as a conservative approach 

for nighttime firing, Eglin assumes that 

there is one animal present within or 

near the 90-m (295-ft) ZOI (105-mm TR 

ZOI) which may be potentially 

ensonified within the 23-psi TTS 

exposure zone at the time that the 105- 

mm round live firing phase begins. 

Density distributions have assumed an 

even distribution of approximately 4.38 

animals/km2 (all species) for the 

approach of impact analyses for 

estimation of take. At this density 

distribution and typical swim speed, the 

next available cetacean would approach 

the perimeter of the 90-m (295-ft) ZOI 

(23-psi TTS ZOI) in approximately 5.5 

min or the same time as with the 216- 

m ZOI (used for the 105-mm FU). The 

difference is the amount of time it takes 

the animal to exit the ZOI, or, in other 

words, how long the animal resides 

within the ZOI on a straight line path. 

With live fire events of the 105-mm 

round occurring at a rate of 

approximately 2 rounds per min, nearly 

one half (or 10 rounds) of the total 105- 

mm rounds (20 rounds) would 

potentially be expended within this 5.5- 

min time frame. If the concept of marine 

mammal avoidance of an area once 

firing commences is not considered, an 

average swim speed (1.5 m/s) of animals 

would allow sufficient time for new 

animals to re-enter the 23-psi TTS 

impact area. Allowing for a potential 2- 

min break in firing after 10 rounds are 

expended, it is conservative and 

reasonable to assume that nearly 3 to 4 

individual animals may be potentially 

exposed to the 23–23-psi TTS sound 

level during a typical 20 round firing 

event. Therefore, the ZOI and take 

estimate calculations are based on the 

total number of rounds fired per year 

divided by 5, or approximately 20 

percent. This approach assumes that, 

although single animals may be 

ensonified more than once due to the 

time required to exit the 23-psi TTS 

ZOI, individual animals are not 

considered to be ‘‘taken’’ more than 

once for the purposes of estimating take 

levels. 

Based on this discussion, Table 10 in 

this Federal Register document 

provides Eglin AFB’s estimates of the 

annual number of marine mammals, by 

species, potentially taken by Level B 

harassment, by the gunnery mission 

noise. It should be noted that these 

estimates are derived without 

consideration of the effectiveness of 

Eglin AFB’s proposed mitigation 

measures (except use of the TR), which 

are discussed earlier in this document. 

As indicated in Table 10, Eglin AFB and 

NMFS estimate that up to 271 marine 

mammals may incur Level B (TTS) 

harassment annually. Because these 

gunnery exercises result in multiple 

detonations, they have the potential to 

also result in a temporary modification 

in behavior by marine mammals at 

levels below TTS. Based on NMFS’ 

estimates, up to 25 marine mammals 

may experience a behavioral response to 


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these exercises during the time frame of 

an IHA (see Table 10). Finally, while 

one would generally expect the 

threshold for behavioral modification to 

be lower than that causing TTS, due to 

a lack of empirical information and 

data, a dual criteria for Level B 

behavioral harassment cannot be 

developed. However, to ensure that 

takings are covered by this IHA, NMFS 

estimates that approximately 1,000 

marine mammals of 16 stocks may incur 

Level B (harassment) takes during the 1- 

year period of an IHA. NMFS has 

preliminarily determined that this 

number will be significantly lower due 

to the expected high effectiveness of the 

mitigation measures proposed for 

inclusion in the IHA (if issued). 

Negligible Impact and Preliminary 

Determination 

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.’’ In making a 

negligible impact determination, NMFS 

considers: (1) The number of anticipated 

mortalities; (2) the number and nature of 

anticipated injuries; (3) the number, 

nature, and intensity, and duration of 

Level B harassment; and (4) the context 

in which the takes occur. 

BILLING CODE 3510–22–P 


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BILLING CODE 3510–22–C 

No injuries or mortalities are 

anticipated to occur as a result of Eglin 

AFB’s A–S gunnery mission activities, 

and none are proposed to be authorized 

by NMFS. Takes will be limited to Level 

B harassment in the form of behavioral 

disturbance and TTS. Although 

activities would be permitted to occur 

year-round and can last for 

approximately 5 to 6 hours at a time, the 

actual live-fire portion of the exercise 

usually only lasts for 90 to 120 min. It 

is possible that some individuals may be 

taken more than once if those 

individuals are located in the exercise 

area on two different days when 

exercises are occurring. However, 

multiple exposures are not anticipated 

to have effects beyond Level B 

harassment. 

Of the 16 marine mammal species or 

stocks that may be impacted by Eglin 

AFB’s A–S gunnery mission activities, 

only the sperm whale is listed as 

endangered under the ESA and as 

depleted under the MMPA. While 

animals may be impacted in the 

immediate vicinity of the activity, 

because of the small ZOIs (compared to 

the vast size of the GOM ecosystem 

where these species live) and the small 


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amounts of explosives used in the A–S 

gunnery exercises, NMFS has 

preliminarily determined that there will 

not be a substantial impact on marine 

mammals or on the normal functioning 

of the nearshore or offshore GOM 

ecosystems. The proposed activity is not 

expected to impact rates of recruitment 

or survival of marine mammals since no 

mortality (which would remove 

individuals from the population) or 

injury are anticipated to occur. 

Although the proposed activity is 

anticipated to result in Level B 

harassment of marine mammals (both by 

behavioral disturbance and TTS), the 

level of harassment is not anticipated to 

impact rates of recruitment or survival 

of marine mammals. 

Additionally, the mitigation and 

monitoring measures proposed to be 

implemented (described earlier in this 

document) are expected to minimize 

even further the potential for injury or 

mortality. The protected species surveys 

will require Eglin AFB to search the area 

for marine mammals, and if any are 

found in the live fire area, then the 

exercise must be suspended until the 

animal(s) has left the area or relocated. 

Moreover, the aircrews of the A–S 

gunnery missions will initiate location 

and surveillance of a suitable firing site 

immediately after exiting U.S. territorial 

waters (less than or equal to 12 nm (22 

km)). This would potentially restrict 

most gunnery activities to the shallower 

continental shelf waters of the GOM 

where marine mammal densities are 

typically lower, and thus potentially 

avoid the slope waters where the more 

sensitive species (e.g., endangered 

sperm whales) typically reside. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, 

NMFS preliminarily finds that Eglin 

AFB’s A–S gunnery mission exercises 

will result in the incidental take of 

marine mammals, by Level B 

harassment only, and that the total 

taking from the A–S gunnery mission 

exercises will have a negligible impact 

on the affected species or stocks. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

Endangered Species Act (ESA) 

A Biological Opinion issued by NMFS 

on October 20, 2004, concluded that the 

A–S gunnery exercises in the EGTTR are 

unlikely to jeopardize the continued 

existence of species listed under the 

ESA that are within the jurisdiction of 

NMFS or destroy or adversely modify 

critical habitat. NMFS has preliminarily 

determined that this action, including 

the modifications to the mitigation and 

monitoring measures in the 2008 IHA 

and proposed for inclusion in the 2009 

IHA (if issued), does not have effects 

beyond that which was analyzed in that 

previous consultation, it is within the 

scope of that action, and reinitiation of 

consultation is not necessary. However, 

prior to issuance of this IHA, NMFS will 

make a final determination whether 

additional consultation is necessary. 

National Environmental Policy Act 

(NEPA) 

The USAF prepared a Final PEA in 

November 2002 for the EGTTR activity. 

NMFS made the USAF’s 2002 Final PEA 

available upon request on January 23, 

2006 (71 FR 3474). In accordance with 

NOAA Administrative Order 216–6 

(Environmental Review Procedures for 

Implementing the National 

Environmental Policy Act, May 20, 

1999), NMFS reviewed the information 

contained in the USAF’s 2002 Final 

PEA, and, on May 1, 2006, determined 

that the document accurately and 

completely described the proposed 

action, the alternatives to the proposed 

action, and the potential impacts on 

marine mammals, endangered species, 

and other marine life that could be 

impacted by the preferred alternative 

and the other alternatives. Accordingly, 

NMFS adopted the USAF’s 2002 Final 

PEA under 40 CFR 1506.3 and made its 

own FONSI on May 16, 2006. The 

NMFS FONSI also took into 

consideration updated data and 

information contained in NMFS’ 

Federal Register document noting 

issuance of an IHA to Eglin AFB for this 

activity (71 FR 27695, May 12, 2006), 

and previous notices (71 FR 3474 

(January 23, 2006); 70 FR 48675 (August 

19, 2005)). 

As the issuance of the 2008 IHA to 

Eglin AFB amended three of the 

mitigation measures for reasons of 

practicality and safety, NMFS reviewed 

the USAF’s 2002 Final PEA and 

determined that a new EA was 

warranted to address: (1) The proposed 

modifications to the mitigation and 

monitoring measures; (2) the use of 23 

psi as a change in the criterion for 

estimating potential impacts on marine 

mammals from explosives; and (3) a 

cumulative effects analysis of potential 

environmental impacts from all GOM 

activities (including Eglin mission 

activities), which was not addressed in 

the USAF’s 2002 Final PEA. Therefore, 

NMFS prepared a new EA in December 

2008 and issued a FONSI for its action 

on December 9, 2008. Based on those 

findings, NMFS determined that it was 

not necessary to complete an 

environmental impact statement for the 

issuance of an IHA to Eglin AFB for this 

activity. NMFS has preliminarily 

determined that this proposed activity is 

within the scope of NMFS’ 2008 EA and 

FONSI. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to 

authorize the take of several species of 

marine mammals incidental to the 

USAF, Eglin AFB, for their A–S gunnery 

mission activities in the GOM provided 

the previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. 

Dated: October 8, 2009. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. E9–24842 Filed 10–16–09; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF ENERGY 

Agency Information Collection 

Extension 

AGENCY: U.S. Department of Energy. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of Energy 

(DOE), pursuant to the Paperwork 

Reduction Act of 1995, intends to 

extend for three years, an information 

collection request with the Office of 

Management and Budget (OMB). 

Comments are invited on: (a) Whether 

the extended collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. This information collection 

request pertains to the Human 

Reliability Program (HRP). This 

information collection request consists 

of forms that will certify to DOE that 

respondents were advised of the 

requirements for occupying or 


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