24598 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Notices 

1200 Pennsylvania Avenue NW., 

Washington, DC 20460. 

SUPPLEMENTARY INFORMATION: Requests 

to make brief oral comments or provide 

written statements to the FRRCC should 

be sent to Donna Perla, Acting 

Designated Federal Officer, at the 

contact information above. All requests 

must be submitted no later than May 18, 

2016, at the contact information above. 

Meeting Access: For information on 

access or services for individuals with 

disabilities, please contact Donna Perla 

at 202–564–0184 or perla.donna@

epa.gov. To request accommodation of a 

disability, please contact Donna Perla, 

preferably at least 10 days prior to the 

meeting, to give EPA as much time as 

possible to process your request. 

Dated: April 19, 2016. 

Donna Perla, 

Acting Designated Federal Officer. 

[FR Doc. 2016–09733 Filed 4–25–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2016–0150; FRL–9945–67– 

OW] 

General Permit for Ocean Disposal of 

Marine Mammal Carcasses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability of 

proposed general permit. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to issue a 

general permit to authorize any officer, 

employee, agent, department, agency, or 

instrumentality of federal, state, tribal, 

or local unit of government, as well as 

any Marine Mammal Health and 

Stranding Response Program 

(MMHSRP) Stranding Agreement 

Holder, and any Alaska Native 

subsistence user to transport from the 

United States and dispose of marine 

mammal carcasses in ocean waters. 

EPA’s purpose in proposing a general 

permit is to expedite required 

authorizations that otherwise currently 

require the issuance of an emergency 

permit for the ocean disposal of marine 

mammal carcasses. EPA also proposes 

permit terms that would apply for at sea 

disposal of marine mammal carcasses 

generally by governmental entities (and 

MMHSRP Agreement Holders), as well 

as by Alaska Native subsistence users 

based on circumstances specific to the 

remote locations of such disposals. The 

EPA invites public comment on all 

aspects of this proposed general permit. 

DATES: Comments must be received on 

or before June 27, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2016–0150, to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rappoli, Ocean and Coastal 

Protection Division, Office of Water, 

4504T, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; telephone 

number: 202–566–1548; fax number: 

202–566–1546; email address: 

rappoli.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

The proposed general permit would 

apply to any officer, employee, agent, 

department, agency, or instrumentality 

of federal, state, tribal, or local unit of 

government, as well as any MMHSRP 

Stranding Agreement Holder, and any 

Alaska Native subsistence user that 

transports from the United States and 

disposes of marine mammal carcasses in 

ocean waters. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI). In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Federal Law and International 

Conventions 

The EPA proposes general terms of 

authorization under Title I of the Marine 

Protection, Research, and Sanctuaries 

Act (MPRSA), sometimes referred to as 

the Ocean Dumping Act, for the ocean 

disposal of the marine mammal 

carcasses. The term ‘‘marine mammal’’ 

would mean any mammal that is 

morphologically adapted to the marine 

environment (including sea otters and 

members of the orders Sirenia, 

Pinnipedia, and Cetacea), or primarily 

inhabits the marine environment (e.g., 

polar bears). Other than Alaska Native 

subsistence users, EPA does not 

anticipate that ocean disposal would be 

necessary for marine mammal carcasses 

except in unusual circumstances, such 

as (1) beached whale carcasses and (2) 

after mass strandings of other marine 

mammals. 

Transportation for the purpose of 

disposal of any material in the ocean 

requires authorization under the 

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MPRSA. In the past, the EPA has 

permitted the ocean disposal of cetacean 

(whales and related species) and 

pinniped (seals and related species) 

carcasses on a case-by-case basis, with 

emergency permits. The terms of this 

proposed general permit are based on 

the EPA’s past emergency permitting 

and will enable more timely 

authorization of such ocean disposals. 

The general permit will apply to the 

transport of marine mammal carcasses 

from the United States for the purpose 

of ocean disposal. 

Living marine mammals are protected 

by federal law, including the Marine 

Mammal Protection Act (MMPA), the 

Endangered Species Act, and the 

Whaling Convention Act (WCA), and 

international conventions, including the 

International Convention for the 

Regulation of Whaling, which 

established the International Whaling 

Commission (IWC), and the Convention 

on International Trade in Endangered 

Species of Wild Fauna and Flora. 

Although the proposed general permit 

would apply only to animal carcasses, 

certain IWC regulations are nevertheless 

relevant. Specifically, IWC regulations 

recognize that indigenous or aboriginal 

subsistence whaling is not the same as 

the commercial whaling that is subject 

to the IWC’s whaling moratorium. As 

relevant to subsistence whaling in the 

United States, the IWC sets catch limits 

for the Western Arctic stock of bowhead 

whales based upon the needs of Native 

hunters in Alaskan villages. The hunt is 

managed cooperatively by the National 

Marine Fisheries Service (NMFS) and 

the Alaska Eskimo Whaling Commission 

under the WCA and the MMPA. 

The MMHSRP of the NMFS and 

MMHSRP Stranding Agreement Holders 

are provided authority under this 

general permit because Stranding 

Agreement Holders are authorized to 

take marine mammals subject to the 

provisions of the MMPA (16 U.S.C. 

136 1 et seq.), the Regulations 

Governing the Taking and Importing of 

Marine Mammals (50 CFR part 216), the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.), the 

Regulations Governing the Taking, 

Importing, and Exporting of Endangered 

and Threatened Fish and Wildlife (50 

CFR parts 222 through 226), and the Fur 

Seal Act of 1966, as amended (16 U.S.C. 

1151 et seq.). As such, MMHSRP 

Stranding Agreement Holders may have 

a need for ocean disposal should 

stranded marine mammals die. 

III. Strandings and Beachings 

Marine mammals that have died or 

have become sick or injured reach the 

ocean shoreline by a variety of 

mechanisms. One such mechanism is 

beaching, which involves a marine 

mammal carcass being driven ashore by 

currents or winds. Alternatively, single 

or multiple strandings of live marine 

mammal(s) may occur with the 

subsequent death of the animal(s). In 

most stranding cases, the causes of 

marine mammal strandings are 

unknown, but some identified causes 

include: disease, parasite infestation, 

harmful algal blooms, injuries due to 

ship strikes, fishery entanglements, 

pollution exposure, unusual weather or 

oceanographic events, trauma, and 

starvation. While many cetaceans and 

pinnipeds die every year, most carcasses 

never reach the coast; rather, the 

carcasses are consumed by other 

organisms or decompose sufficiently to 

sink to the ocean bottom where, 

depending upon the size of the carcass, 

they may form the basis of an ‘‘organic 

fall’’ (e.g., kelp, wood, and whale falls) 

ecosystem. 

Stranding or beaching events may 

pose a risk to public health due to the 

potential for transfer to the public of 

communicable diseases (e.g., 

brucellosis, poxvirus and 

Mycobacteriosis) from cetacean or 

pinniped carcasses. Cetacean or 

pinniped carcasses present a significant 

disposal concern due not only to the 

size of some carcasses but also due to 

the frequency with which carcasses 

reach the shoreline. For example, 

between February 2010 and February 

2014, over 1000 cetacean carcasses were 

found along the coast of the northern 

Gulf of Mexico. 

IV. Hazard to Navigation 

Floating carcasses near shore (e.g., in 

a harbor) also may pose a hazard to 

navigation. Per regulations promulgated 

by the Army Corps of Engineers, at 33 

CFR 245.20, the determination of a 

navigation hazard is made jointly by the 

Army Corps of Engineers and the U.S. 

Coast Guard (USCG). If such a 

determination is made, the Army Corps 

of Engineers determines appropriate 

remedial action as described in § 245.25, 

which may include removal of the 

carcass(es). Permit authorization to 

transport for the purpose of ocean 

disposal proposed today would be 

available if the removal operation 

requires ocean disposal of such 

carcasses. 

V. Disposal and Management Options 

Generally available options for marine 

mammal carcass disposal and 

management include: allowing the 

carcass(es) to decompose in place; 

burial in place; transportation to a 

landfill; incineration; and towing to sea 

for ocean disposal. Additional disposal 

options, such as rendering, composting, 

and alkaline hydrolysis, would depend 

on the availability of appropriate 

facilities. Selection of an option will 

depend upon factors such as carcass 

size, number of carcasses, and/or 

location. This proposed general permit 

concerns only the towing to sea for 

ocean disposal option. 

A. In-Place Decomposition 

Allowing a carcass to decompose in 

place may be an acceptable option if the 

location of the carcass is on a remote 

portion of the shoreline that is 

sufficiently distant from population 

centers so that the carcass does not pose 

a risk for public health and animal 

health, or result in unacceptable 

olfactory or visual aesthetic impacts. 

This option may be the most practical 

when the carcass is located in an area 

that is inaccessible to heavy equipment, 

thereby making other options, such as 

burying in place or moving to a landfill, 

infeasible. 

B. In-Place and Landfill Burial 

Burial of a carcass has been used as 

a disposal option, especially when the 

carcass is located near population 

centers or near areas used for 

recreational activities. A carcass may be 

buried near where the animal strands or 

beaches, usually above the high water 

mark, or transported inland for disposal, 

for example, at a municipal landfill. 

Disposal by trench burial involves 

excavating a trough, placing the carcass 

in the trench, and covering the carcass 

with the excavated material. The burial 

disposal option depends on the 

availability of appropriate excavation 

equipment but may be limited by 

potential environmental damage (e.g., 

destruction of dunes, beach grass, or 

nesting sites) caused by the 

transportation and operation of 

excavation equipment. While burial 

may be a cost-effective option for 

carcass disposal, it may not necessarily 

eliminate disease agents and disease 

transmission vectors that may be 

present, consequently posing a potential 

risk to human health and animal health. 

C. Incineration 

The incineration option for carcass 

disposal, which includes both open-air 

burning and fixed-facility incineration, 

offers an advantage in terms of pathogen 

destruction. However, due to the high 

water content of marine mammal 

carcasses, incineration costs may limit 

this option to small carcasses. While 

open-air burning of carcasses may yield 

a relatively benign ash, the amount of 

particulate matter and pyrogenic 

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compounds released to the atmosphere 

by open-air burning may be significant 

and may require authorization (or may 

be prohibited) under state or local air 

pollution control laws. Additionally, the 

EPA presumes that open-air burning 

may require the use of hydrocarbon 

fuels, which could result in 

contamination of the underlying soil. 

Fixed-facility incinerators, which 

include small and large incineration 

facilities, crematoria, and power plant 

incinerators, offer the advantage of 

being regulated facilities that meet local 

and/or federal emission standards; 

however, the use of the fixed-facility 

option depends upon the 

transportability of the carcass. 

D. Ocean Disposal 

Sometimes, the only available carcass 

disposal option is towing to sea for 

ocean disposal. Ocean disposal may be 

appropriate after consideration and 

exhaustion of land-based alternatives 

provided that an acceptable ocean 

dumping site can be identified, for 

example, where the release point is 

sufficiently far offshore that currents 

and winds will not return the carcass to 

shore, and the carcass will not pose a 

hazard to navigation. Positive buoyancy 

of the carcass may occur, depending on 

the time elapsed, due to the natural 

progression of the decomposition 

process. Consequently, appropriate 

carcass preparation (e.g., attachment of 

weights) may be required if a 

determination is made that the carcass 

must be sunk, rather than released, at 

the identified ocean disposal site. 

VI. Potential Consequences of Marine 

Mammal Carcass Disposal in the Ocean 

Most deep-sea benthic ecosystems are 

organic-carbon limited and, in many 

cases, are dependent upon organic 

matter from surface waters. A sunken 

carcass provides a large load of organic 

carbon to the sea floor. These local 

enrichments of the sea floor result in the 

establishment of specialized 

assemblages. Large organic falls occur 

naturally on the sea floor. Over 20 

macro faunal species are known to 

exclusively inhabit the 

microenvironment formed by large 

organic falls and over 30 other macro 

faunal species are known to inhabit 

these sites. 

The deep-sea benthic ecosystem 

response to whale falls has been the 

subject of scientific study and several 

stages of succession have been observed 

in the assemblages. The duration of 

these stages varies greatly with carcass 

size. The first stage is marked by the 

formation of bathyal scavenger 

assemblages that include hagfishes, 

sleeper sharks, crabs, and amphipods. 

During the second stage, sediments 

surrounding the carcass, which have 

become enriched with organic carbon, 

become colonized by high densities of 

worms (e.g., Dorvilleidae, 

Chrysopetalidae). Once the 

consumption of soft tissue is complete, 

decomposition proceeds dominantly via 

anaerobic microbial digestion of bone 

lipids. The efflux of sulfides from the 

bones may, depending upon the size of 

the skeleton, provide for the formation 

of chemoautotrophic assemblages, 

which is the third stage of succession. 

These chemoautotrophic assemblages 

consist of organisms such as 

heterotrophic bacteria, mussels, snails, 

worms, limpets, and amphipods. 

Considering the available scientific 

information on organic falls, the EPA 

finds that the potential effects of carcass 

disposal are minimal for the following 

reasons: (1) Except for happenstance, 

cetacean and pinniped carcasses would 

sink to the ocean floor rather than wash 

ashore; (2) the formation of an organic 

fall is a naturally occurring 

phenomenon with no known adverse 

environmental impacts; and (3) towing 

or other transportation of a carcass to 

sea for ocean disposal, when other 

disposal options are not viable, presents 

a minimal perturbation to a naturally 

occurring phenomenon. 

The EPA’s findings are consistent 

with the statutory considerations 

applicable to permit issuance under the 

MPRSA because: the general permit 

requires consideration of land-based 

alternatives; carcass disposal will not 

significantly affect human health, 

fisheries resources, or marine 

ecosystems; and carcass disposal will 

not result in permanent effects. 

VII. Regulatory Background 

MPRSA Section 102(a)(1), 33 U.S.C. 

1412(a)(1), requires that any person 

obtain a permit to transport any material 

from the United States for the purpose 

of dumping into ocean waters; section 

102(a)(2) requires agencies or 

instrumentalities of the United States to 

obtain a permit in order to transport any 

material from any location for the 

purpose of ocean dumping. MPRSA 

Section 104(c), 33 U.S.C. 1414(c), and 

the EPA regulations at 40 CFR 220.3(a) 

authorize the issuance of a general 

permit under the MPRSA for the 

dumping of materials which have a 

minimal adverse environmental impact 

and are generally disposed of in small 

quantities. The towing (or other 

transportation) of a marine mammal 

carcass by any person for disposal at sea 

constitutes transportation of material for 

the purpose of dumping in ocean 

waters, and thus is subject to the 

MPRSA. Because the material to be 

disposed would consist of the carcass or 

carcasses, there would be no materials 

present that are prohibited by 40 CFR 

227.5. 

VIII. Consideration of Alaska Native 

Subsistence Users 

The proposed general permit includes 

specific considerations that would 

apply to Alaska Native subsistence 

users. For purposes of this proposed 

general permit, EPA intends the term 

‘‘Alaska Native subsistence user’’ to be 

based on the statutory term defined at 

16 U.S.C. 1371(b) that refers to ‘‘any 

Indian, Aleut, or Eskimo who resides in 

Alaska and who dwells on the coast of 

the North Pacific Ocean or the Arctic 

Ocean’’ who takes a marine mammal for 

subsistence purposes or for purposes of 

creating and selling authentic native 

articles of handicrafts and clothing and 

provided such taking is not in a 

wasteful manner. 

The proposed general permit 

considers ocean disposal of marine 

mammal carcasses by an Alaska Native 

subsistence user for two reasons. First, 

marine mammals are generally 

abundant and widely distributed 

throughout coastal Alaska and Alaska 

Natives depend upon these natural 

resources for many customary and 

traditional uses. Collectively, these 

customary and traditional uses (e.g., 

food, clothing) are referred to as 

‘‘subsistence uses.’’ Alaska Native 

subsistence use of marine mammals has 

been ongoing for thousands of years. 

More recently, the United States has 

recognized the importance of 

subsistence uses of marine mammals by 

Alaska Natives through enactment of the 

MMPA, which expressly exempts 

Alaska Native subsistence users from 

the general prohibition on ‘‘taking’’ 

marine mammals under certain 

circumstances (16 U.S.C. 1371(b)). 

Nonetheless, a potential by-product of 

such subsistence uses may be a need to 

transport and dispose, in ocean waters, 

marine mammal carcasses (or parts 

thereof) that have no further use for 

subsistence purposes. 

Second, many coastal communities of 

Alaska Native subsistence users are in 

remote locations and thus face a timecritical public safety issue, for example, 

whenever a marine mammal carcass 

washes ashore near a village or town, or 

a marine mammal is harvested or 

salvaged and the carcass is hauled 

ashore near a village or town. Such 

carcasses may attract bears or other 

scavenger animals, which may increase 

the risk of human injury or mortality. 

For these reasons, it would be prudent 

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to expedite the removal and, if 

necessary, ocean disposal of such 

carcasses as soon as practical. 

With these considerations in mind, 

the intent of the Alaska Native 

subsistence users-specific permit 

conditions (see Section B) is, to the 

maximum extent allowable, to avoid 

unnecessary interference with longstanding subsistence uses and 

traditional cultural practices, and to 

recognize the unique circumstances 

faced by Alaska Native subsistence 

users. In proposing this general permit, 

the EPA does not intend to change, alter 

or otherwise affect subsistence uses of 

marine mammals by Alaska Natives. 

Section B thus sets forth requirements 

designed to address these 

considerations while also complying 

with the MPRSA and the EPA’s 

accompanying regulations at 40 CFR 

subchapter H. The primary differences 

between Sections A and B relate to 

federal agency concurrences, distance 

from land requirements for disposal, 

and reporting requirements. 

To further clarify, the proposed 

general permit is not intended to and 

would not regulate: Any subsistence 

activities in Alaska, including hunting, 

harvesting, salvaging, hauling, dressing, 

butchering, distribution and 

consumption of marine mammals (or 

any other species used for subsistence 

purposes); the transportation and 

dumping of marine mammal carcasses 

on land, such as in whale boneyards or 

in inland waters (i.e., waters that are 

landward of the baseline of the 

territorial sea, such as rivers, lakes and 

certain enclosed bays or harbors); or 

leaving marine mammal carcasses to 

decompose in place on sea ice (or in a 

hole or lead in the sea ice), where there 

is no transportation by vessel or other 

vehicle for the purpose of ocean 

dumping. The purpose of this proposed 

general permit would be to expedite 

required authorizations that otherwise 

currently require the issuance of an 

emergency permit for the ocean disposal 

of marine mammal carcasses. 

IX. Discussion 

Considering the information 

presented in the previous section, EPA 

proposes to determine that the potential 

adverse environmental impacts of 

marine mammal carcass disposal at sea 

are minimal and that marine mammal 

carcasses often must be disposed of in 

emergency situations. As such, issuance 

of a general permit would be 

appropriate under the MPRSA. 

Section A of the general permit that 

EPA proposes to issue today would be 

available to government entities and 

MMHSRP Stranding Agreement 

Holders. Section A would authorize any 

officer, employee, agent, department, 

agency, or instrumentality of federal, 

state, tribal, or local unit of government, 

as well as any MMHSRP Stranding 

Agreement Holder, to transport and 

dispose of marine mammal carcasses in 

ocean waters. EPA proposes to require 

each such general permittee to consult 

with the MMHSRP of NMFS prior to 

initiating any ocean disposal activities; 

to consult with and to obtain 

concurrence from the applicable USCG 

District Office, NMFS Regional Office, 

and EPA Regional Office on selection of 

a disposal site, which must be at least 

three miles seaward of the baseline of 

the territorial sea; and to submit a report 

to the EPA on the ocean disposal 

activities. 

Section B of the proposed general 

permit would authorize any Alaska 

Native subsistence user to transport and 

dispose of marine mammal carcasses in 

ocean waters. EPA proposes to require 

each general permittee authorized under 

Section B to select an ocean disposal 

site sufficiently far offshore so that 

currents and winds will not return the 

carcass to shore and the carcass will not 

pose a hazard to navigation; and to 

submit a report to the EPA on the ocean 

disposal activities. The proposed 

general permit would not require a 

statement of need and rationale for 

selecting ocean disposal rather than 

other disposal options under Section B 

based on a presumption that other 

disposal options are not likely available 

in remote Native Alaskan subsistence 

communities. Additionally, the 

proposed general permit would not 

specify a distance requirement under 

Section B based on a presumption that 

large tow vessels are not likely available 

in remote Native Alaskan subsistence 

communities. These presumptions are 

consistent with EPA’s intention to avoid 

altering Alaska Native subsistence user 

practices in Alaska. The EPA invites 

comments on the appropriateness of 

such presumptions for ocean dumping 

of marine mammals under Section B. 

X. Statutory and Executive Order 

Reviews 

A. Paperwork Reduction Act 

The information collection activities 

that would be required under this 

proposed general permit would be 

covered under the MPRSA Information 

Collection Request (ICR) that has been 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act. The ICR 

document that the EPA prepared for all 

of MPRSA activities has been assigned 

EPA ICR number 0824.06. You can find 

a copy of the ICR in the docket for this 

general permit, and it is briefly 

summarized here. The MPRSA ICR 

includes generalized estimates for 

respondent costs associated with 

possible future general permits 

including this one, but not specifically 

for this proposed general permit. 

Therefore, the estimated number of 

respondents and costs associated with 

this general permit are a subset of the 

total costs estimated in the ICR, and are 

significantly lower than the totals 

presented in the ICR due to the very 

simple reporting associated with this 

general permit. 

Section 104(e) of the MPRSA 

authorizes EPA to collect information to 

ensure that ocean dumping is 

appropriately regulated and will not 

harm human health or the marine 

environment, based on applying the 

Ocean Dumping Criteria. To meet 

United States’ reporting obligation 

under the London Convention, EPA also 

reports some of this information in the 

annual United States Ocean Dumping 

Report, which is sent to the 

International Maritime Organization. 

Respondents/affected entities: any 

officer, employee, agent, department, 

agency, or instrumentality of federal, 

state, tribal, or local unit of government, 

as well as any MMHSRP Stranding 

Agreement Holder, and any Alaska 

Native subsistence user who disposes of 

a marine mammal carcass at sea would 

be affected by the general permit. Under 

this proposed general permit, 

respondents would not need to request 

a permit as they would already be 

covered under the general permit. 

Respondent’s obligation to respond: 

pursuant to 40 CFR 221.1 and 221.2, 

EPA requires all ocean dumping permit 

holders to supply the specified 

reporting information. 

The number of respondents covered 

under the proposed general permit and 

associated costs can only be estimated at 

this time. Based on existing data of 

marine mammal ocean disposal 

requests, EPA would expect one to four 

responses per year under the provisions 

of Section A. Based upon the available 

data, EPA estimates that there will be 40 

to 60 responses per year under the 

provisions of Section B. 

Frequency of response: one or more 

disposal events could be included in a 

response. 

Total estimated burden ranges from 

3.75 to 15.00 hours per year and 30.00 

to 45.00 hours per year under the 

requirements of Section A and Section 

B, respectively. Burden is defined at 5 

CFR 1320.3(b). 

Total estimated cost ranges from 

$263.63 to $1,054.50 per year and 

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$2,109.00 to $3,163.50 per year under 

the requirements of Section A and 

Section B, respectively. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for the EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

Submit your comments on the 

Agency’s need for this information, the 

accuracy of the provided burden 

estimates and any suggested methods 

for minimizing respondent burden to 

the EPA using the docket identified at 

the beginning of this general permit. 

You may also send your ICR-related 

comments to OMB’s Office of 

Information and Regulatory Affairs via 

email to oira_submissions@

omb.eop.gov, Attention: Desk Officer for 

the EPA. Since OMB is required to make 

a decision concerning the ICR between 

30 and 60 days after receipt, OMB must 

receive comments no later than May 26, 

2016. The EPA will respond to any ICRrelated comments in the final general 

permit. 

B. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action has tribal implications. 

However, it will neither impose 

substantial direct compliance costs on 

federally recognized tribal governments, 

nor preempt tribal law. The proposed 

general permit has tribal implications 

because it may affect traditional 

practices of some tribes. 

The EPA consulted with tribal 

officials under the EPA Policy on 

Consultation and Coordination with 

Indian Tribes early in the process of 

developing this general permit to allow 

them to have meaningful and timely 

input into its development. 

On June 2, 2015, EPA mailed a Tribal 

Leader Notification letter with a 

consultation plan to all coastal tribes in 

the Lower 48 States and Alaska, who 

could be potentially impacted by the 

proposed general permit. EPA held two 

teleconferences on June 16th and 30th. 

Via teleconference and email, the 

Agency received input from three tribes: 

Aleutian Pribilof Island Association, 

Coquille tribe, and Trinidad Rancheria 

tribe. In addition, EPA coordinated with 

the Alaska Eskimo Whaling Commission 

through a briefing and discussion on 

July 17, 2015. Tribal concerns during 

consultation focused on the potential to 

impact traditional hunting and whaling 

practices, and providing coverage under 

the general permit to tribes. 

After considering tribal input, EPA 

made certain changes to address tribal 

concerns. The initial scope of the 

proposed general permit would have 

applied to only the at sea disposal of 

large carcasses (e.g., whales, walruses), 

from land, which have died and 

subsequently washed ashore or died 

after becoming stranded. Through 

additional outreach with Alaska Native 

villages, we learned that the initial 

scope of the general permit was 

inadequate for subsistence users; 

consequently, we broadened the scope 

to include all marine mammal carcasses. 

Additionally, coverage under the 

general permit was initially intended for 

state and municipal governments; 

however, based upon comments from 

two tribal representatives, coverage will 

be extended to all tribal governments. 

Dated: April 18, 2016. 

Bill Long, 

Acting Director, Oceans and Coastal 

Protection Division. 

General Permit for Ocean Disposal of 

Marine Mammal Carcasses 

A. General Requirements for 

Governmental Entities and Stranding 

Agreement Holders 

Except as provided in Section B 

below, any officer, employee, agent, 

department, agency, or instrumentality 

of federal, state, tribal, or local unit of 

government, as well as any MMHSRP 

Stranding Agreement Holder, is hereby 

granted a general permit to transport 

and dispose of marine mammal 

carcasses in ocean waters subject to the 

following conditions: 

1. The Permittee shall consult with the 

MMHSRP of NMFS prior to initiating any 

disposal activities. 

2. A disposal site must be at least three 

miles seaward of the baseline from which the 

territorial sea is measured, as provided for in 

the Convention on the Territorial Sea and the 

Contiguous Zone. The Permittee shall consult 

with and obtain written concurrence (via 

email or letter) from the applicable USCG 

District Office, NMFS Regional Office, and 

EPA Regional Office on ocean disposal site 

selection. A fact sheet containing points of 

contact at USCG, NMFS, and EPA is available 

at http://www.epa.gov/ocean-dumping/

ocean-disposal-marine-mammal-carcasses. 

3. If a determination is made that the 

carcass must be sunk, rather than released at 

the disposal site, the transportation and 

dumping of any materials other than the 

materials necessary to ensure the sinking of 

the carcass are not authorized under this 

general permit and constitute a violation of 

the MPRSA. If materials are used to sink the 

carcass, the Permittee must consult with and 

obtain written concurrence (via email or 

letter) from the applicable EPA Regional 

Office on the selection of materials. Any 

materials described in 40 CFR 227.5 

(prohibited materials) or 40 CFR 227.6 

(constituents prohibited as other than trace 

amounts) may not be used. 

4. The Permittee shall submit a report on 

the dumping activities authorized by this 

general permit to the applicable EPA 

Regional Office within 30 days after carcass 

disposal. This report shall include: 

a. A description of the carcass(es) 

disposed; 

b. The date, time, and location (by latitude 

and longitude) at the degree of precision 

available to the person reporting the 

information, for example, locational 

technology available on board the tow vessel 

used for ocean disposal; 

c. The name, title, affiliation, and contact 

information of the person in charge of the 

disposal operation and the person in charge 

of the vessel or vehicle that transported the 

carcass (if different than the person in charge 

of the disposal); 

d. A statement of need and rationale for 

selecting ocean disposal rather than other 

disposal options; and 

e. Copies of correspondence from USCG 

and NMFS that indicate their concurrence on 

the selection of the disposal site. 

5. The Permittee shall immediately notify 

EPA of any violation of any condition of this 

general permit. 

B. Requirements for Alaska Native 

Subsistence Users 

Notwithstanding Section A, any 

Alaska Native subsistence user is hereby 

granted a general permit to transport 

and dispose of marine mammal 

carcasses in ocean waters subject to the 

following conditions: 

1. The Permittee shall submit a report on 

the dumping activities authorized by this 

general permit to EPA Region 10 within 30 

days after disposal of a carcass. This report 

shall include: 

a. A description of the carcass(es) 

disposed; 

b. The date, time, and location (by latitude 

and longitude) at the degree of precision 

available to the person reporting the 

information, for example, locational 

technology available on board the tow vessel 

used for ocean disposal; and 

c. The name and contact information of the 

person in charge of the disposal and the 

person in charge of the vessel or vehicle that 

transported the carcass (if different from the 

person in charge of the disposal). 

2. Marine mammal carcasses must be 

towed or otherwise transported to a site 

offshore where currents and winds will not 

return the carcass to shore and the carcass 

will not pose a hazard to navigation. 

[FR Doc. 2016–09734 Filed 4–25–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9931–87–OEI] 

Cross-Media Electronic Reporting: 

Authorized Program Revision 

Approval, State of Kansas 

AGENCY: Environmental Protection 

Agency (EPA). 

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