Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Proposed Rules 32615 

compliance parameters, and 

contingency measures established for 

the SO2 sources impacting the Indiana 

Area. 

EPA has determined that 

Pennsylvania’s SO2 attainment plan for 

the 2010 1-hour SO2 NAAQS for Indiana 

County meets the applicable 

requirements of the CAA. Thus, EPA is 

proposing to approve Pennsylvania’s 

attainment plan for the Indiana Area as 

submitted on October 11, 2017. EPA’s 

analysis for this proposed action is 

discussed in Section III of this proposed 

rulemaking. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

Final approval of this SIP submittal will 

remove EPA’s duty to promulgate and 

implement a FIP under CAA section 

110(c). 

V. Incorporation by Reference 

In this proposed rule, EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is proposing to incorporate by 

reference the portions of the COAs or 

COs entered between Pennsylvania and 

Conemaugh, Homer City, Keystone, and 

Seward that are not redacted, as well as 

the unredacted portions of the TVOPs or 

Plan Approval included in the October 

11, 2017 submittal. These include 

emission limits and associated 

compliance parameters (i.e. the 

measures which include system audits, 

record-keeping and reporting, and 

corrective actions). EPA has made, and 

will continue to make, these materials 

generally available through http://

www.regulations.gov and at the EPA 

Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

proposed rulemaking for more 

information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule, 

concerning the SO2 attainment plan for 

the Indiana nonattainment area in 

Pennsylvania, does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 27, 2018. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

[FR Doc. 2018–14947 Filed 7–12–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 218 

RIN 0648–XG273 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to U.S. Navy Operations of 

Surveillance Towed Array Sensor 

System Low Frequency Active Sonar 

in the Western and Central North 

Pacific Ocean and Eastern Indian 

Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Receipt of application for 

rulemaking and letter of authorization; 

request for comments and information. 

SUMMARY: NMFS has received a request 

from the U.S. Navy (Navy) for 

authorization to take marine mammals 

incidental to the use of Surveillance 

Towed Array Sensor Systems Low 

Frequency Active (SURTASS LFA) 

sonar systems onboard U.S. Navy 

surveillance ships for training and 

testing activities conducted under the 

authority of the Secretary of the Navy in 

the western and central North Pacific 

and eastern Indian oceans beginning 

August 2019. Pursuant to the 

implementing regulations of the Marine 

Mammal Protection Act (MMPA), NMFS 

is announcing our receipt of the Navy’s 

request for the development and 

implementation of regulations 

governing the incidental taking of 

marine mammals and inviting 

information, suggestions, and comments 

on the Navy’s application and request. 

DATES: Comments and information must 

be received no later than August 13, 

2018. 

ADDRESSES: Comments on the 

application should be addressed to Jolie 

Harrison, Chief, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service. Physical comments 

should be sent to 1315 East-West 

Highway, Silver Spring, MD 20910– 

3225 and electronic comments should 

be sent to ITP.Youngkin@noaa.gov. 


sradovich on DSK3GMQ082PROD with PROPOSALS
32616 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Proposed Rules 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments received 

electronically, including all 

attachments, must not exceed a 25- 

megabyte file size. Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel or Adobe PDF 

file formats only. All comments 

received are a part of the public record 

and will generally be posted online at 

https://www.fisheries.noaa.gov/node/ 

23111 without change. All personal 

identifying information (e.g., name, 

address) voluntarily submitted by the 

commenter may be publicly accessible. 

Do not submit confidential business 

information or otherwise sensitive or 

protected information. 

FOR FURTHER INFORMATION CONTACT: Dale 

Youngkin, Office of Protected 

Resources, NMFS; phone: (301) 427– 

8401. Electronic copies of the 

application and supporting documents, 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-military-readinessactivities. In case of problems accessing 

these documents, please call the contact 

listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

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

MMPA (16 U.S.C. 1361 et seq.) generally 

direct the Secretary of Commerce 

(further delegated to NMFS) to allow, 

upon request, the incidental, but not 

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. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring, 

and reporting of such takings are set 

forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

The National Defense Authorization 

Act (NDAA) (Pub. L. 108–136) removed 

the ‘‘small numbers’’ and ‘‘specified 

geographical region’’ limitations 

indicated above and defined 

‘‘harassment’’ as it applies to a ‘‘military 

readiness activity’’ 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 

On June 4, 2018, NMFS received an 

application from the Navy requesting 

authorization to take individuals of 46 

species of marine mammals (10 

mysticete, 31 odontocete, and 5 

pinniped species) representing 139 

stocks, by harassment, incidental to 

training and testing activities conducted 

under the authority of the Secretary of 

the Navy (categorized as military 

readiness activities) using SURTASS 

LFA sonar beginning August 13, 2019. 

The Navy states that these training 

and testing activities may expose some 

of the marine mammals present in the 

Study Area to sound from lowfrequency active sonar sources, which 

may result in the disruption of 

behavioral patterns. The Navy requests 

authorization to take individuals of 46 

species or stocks of marine mammals by 

Level B Harassment. 

NMFS published the first incidental 

take rule for SURTASS LFA sonar, 

effective from August 2002 through 

August 2007, on July 16, 2002 (67 FR 

46712); the second rule, effective from 

August 2007 through August 2012, on 

August 21, 2007 (72 FR 46846); and the 

third rule, effective from August 2012 

through August 2012, on August 20, 

2012 (77 FR 50290). 

In 2016, the Navy submitted an 

application for a fourth incidental take 

regulation under the MMPA (DoN, 

2016) for the taking of marine mammals 

by harassment incidental to the 

deployment of up to four SURTASS 

LFA sonar systems from August 15, 

2017 through August 14, 2022. NMFS 

published a proposed rule on April 27, 

2017 (82 FR 19460). On August 10, 

2017, the Secretary of Defense, after 

conferring with the Secretary of 

Commerce, determined that it was 

necessary for the national defense to 

exempt all military readiness activities 

that use SURTASS LFA sonar from 

compliance with the requirements of the 

MMPA for two years from August 13, 

2017 through August 12, 2019, or until 

such time when NMFS issues 

regulations and a LOA under Title 16, 

Section 1371 for military readiness 

activities associated with the use of 

SURTASS LFA sonar, whichever is 

earlier. During the exemption period, all 

military readiness activities that involve 

the use of SURTASS LFA sonar are 

required to comply with all mitigation, 

monitoring, and reporting measures set 

forth in the 2017 National Defense 

Exemption (NDE) for SURTASS LFA 

sonar. As a result of the NDE (available 

at http://www.surtass-lfa-eis.com/wpcontent/uploads/2018/01/SURTASS_

LFA_NDE_10Aug17.pdf), NMFS did not 

finalize its April 2017 proposed rule. 

For this current requested rule 

making, the Navy is proposing to 

continue using SURTASS LFA sonar 

systems onboard USNS surveillance 

ships for training and testing activities 

conducted under the authority of the 

Secretary of the Navy within the 

western and central North Pacific, and 

eastern Indian oceans. The operating 

characteristics of the LFA sonar 

(inclusive of compact LFA sonar 

systems) have remained the same since 

2001 and are consistent with the 

parameters described in previous 

rulemakings. For this rulemaking, the 

Navy scoped the geographic extent of 

the Study Area to better reflect the areas 

where the Navy anticipates conducting 

SURTASS LFA sonar training and 

testing activities for the requested rule/ 

LOA. Under the proposed action, the 

Navy would transmit 496 LFA sonar 

transmission hours per year pooled 

across all SURTASS LFA sonar 

equipped vessels in the first four years 

of the authorization, with an increase in 

usage to 592 LFA transmission hours in 

year five and continuing into the 

foreseeable future, regardless of the 

number of vessels. This is a reduction 

from the current condition of 1,020 LFA 

transmission hours per year (255 hours 

of LFA sonar per vessel per year) under 

the NDE, and the previously authorized 

1,728 LFA transmission hours per year 

(432 hours of LFA sonar per vessel per 

year) under the 2012—2017 Rule. 


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Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Proposed Rules 32617 

Description of the Specified Activity 

The Navy proposes to continue to use 

the system onboard USNS surveillance 

ships for training and testing activities 

conducted under the authority of the 

Secretary of the Navy in the western and 

central Pacific Ocean and eastern Indian 

Ocean. The U.S. Navy currently has four 

surveillance ships that utilize SURTASS 

LFA sonar systems: the USNS ABLE, the 

USNS EFFECTIVE, the USNS 

IMPECCABLE and the USNS 

VICTORIOUS. The Navy may develop 

and field additional SURTASS LFA 

equipped vessels, either to replace or 

complement the Navy’s current 

SURTASS LFA capable fleet, and these 

vessels may be in use beginning in the 

fifth year of the time period covered by 

their latest application. Thus, the Navy’s 

activity analysis included consideration 

of the sonar hours associated with 

future testing of new or updated LFA 

sonar system components and new 

ocean surveillance vessels. This resulted 

in two annual transmit hour scenarios: 

Years 1 to 4 would entail a maximum 

of 496 LFA transmission hours total per 

year across all SURTASS LFA vessels, 

while year 5 and beyond would include 

an increase in LFA sonar transmit hours 

to a maximum of 592 hours across all 

vessels to accommodate future testing of 

new ocean surveillance vessels and new 

or updated sonar system components. 

The number of transmission hours per 

year is pooled across all SURTASS LFA 

sonar equipped vessels, regardless of the 

number of ships. The SURTASS LFA 

sonar transmission hours represent a 

distribution across six activities that 

include: 

• Contractor crew proficiency 

training (80 hours/year); 

• Military crew (MILCREW) 

proficiency training (96 hours/year); 

• Participation in, or support of, Navy 

exercises (96 hours/year); 

• Vessel and equipment maintenance 

(64 hours/year); 

• Acoustic research testing (160 

hours/year); and 

• New SURTASS LFA sonar system 

testing (96 hours/year, occurring in year 

5 and beyond only). 

The application describes the activity 

types, the equipment and platforms 

involved, and the duration and potential 

locations of the specified activities. 

A suite of proposed mitigation 

measures have been included in the 

proposed action to minimize the 

potential effects to marine mammals 

that could potentially be affected during 

SURTASS LFA sonar activities. For 

training and testing activities of the 

proposed action, these mitigation 

measures include: 

• Restricting the use of SURTASS 

LFA sonar such that it will not operate 

in Arctic and Antarctic waters; 

• Restricting the use of SURTASS 

LFA sonar from within the foreign 

territorial seas of other nations; 

• Ensuring sound pressure levels 

(SPL) will not exceed 180 decibels (dB) 

re 1 micro pascals (mPa) root mean 

square (rms) within 12 nautical miles of 

any emerged features of any coastline, 

or within designated offshore 

biologically important areas (OBIAs) for 

marine mammals; and 

• Minimizing exposure of marine 

mammals to SURTASS LFA sonar signal 

received levels of 180 dB re 1 mPa (rms) 

or more by monitoring for their presence 

and suspending sonar transmission 

when animals enter the mitigation zone. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning the Navy’s request (see 

ADDRESSES). NMFS will consider all 

information, suggestions, and comments 

related to the Navy’s request and NMFS’ 

development and implementation of 

regulations governing the incidental 

taking of marine mammals by the 

Navy’s SURTASS LFA sonar activities. 

Dated: July 9, 2018. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2018–14967 Filed 7–12–18; 8:45 am] 

BILLING CODE 3510–22–P 


sradovich on DSK3GMQ082PROD with PROPOSALS