Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Proposed Rules 3259 

149°41′16.12′′ W; thence southerly to 

latitude 61°18′38.404′′ N, to longitude 

149°41′14.73′′ W. The datum for these 

coordinates is NAD–83. 

(b) The regulation. The restricted area 

is permanently closed for public use at 

all times. No persons, watercraft, or 

vessels shall enter, or remain, in the 

area except for those authorized by the 

enforcing agency. 

(c) Enforcement. This regulation will 

be enforced by the Commander, United 

States Army-Alaska. 

Thomas P. Smith, 

Chief, Operations and Regulatory Division. 

[FR Doc. 2022–01011 Filed 1–20–22; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0854; FRL–9381–01– 

R3] 

Air Plan Approval; Delaware; 

Philadelphia Area 2017 Base Year 

Inventory for the Ozone National 

Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

formally submitted by the State of 

Delaware. This revision consists of the 

base year inventory for the Delaware 

portion of the Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE marginal 

nonattainment area (Philadelphia Area) 

for the 2015 ozone national ambient air 

quality standards (NAAQS). This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before February 22, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2021–0854 at https://

www.regulations.gov, or via email to 

Gordon.Mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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. 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, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Adam Yarina, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2103. Mr. Yarina can also be 

reached via electronic mail at 

Yarina.Adam@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 9, 2020, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) on 

behalf of the State of Delaware, 

submitted a revision to the Delaware SIP 

entitled, ‘‘2017 Base Year Emissions 

Inventory State Implementation Plan for 

VOC, NOX, and CO for Areas of 

Marginal Nonattainment of the 2015 

Ozone NAAQS in Delaware.’’ New 

Castle County comprises Delaware’s 

portion of the Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE 2015 ozone 

NAAQS nonattainment area. This SIP 

revision, referred to in this rulemaking 

action as the ‘‘New Castle County base 

year inventory SIP,’’ addresses 

Delaware’s base year inventory 

requirement for the 2015 ozone NAAQS. 

I. Background 

On October 1, 2015, EPA strengthened 

the 8-hour ozone NAAQS, lowering the 

level of the NAAQS from 0.075 ppm 

parts per million (ppm) to 0.070 ppm. 

See 80 FR 65292 (October 26, 2015). 

Effective August 3, 2018, EPA 

designated the Philadelphia Area, 

which consists of New Castle County in 

Delaware and counties in Maryland, 

New Jersey, and Pennsylvania, as 

marginal nonattainment for the 2015 

ozone NAAQS. See 83 FR 25776 (June 

4, 2018). CAA section 182(a)(1) requires 

ozone nonattainment areas classified as 

marginal or above to submit a 

comprehensive, accurate, current 

inventory of actual emissions from all 

emissions sources in the nonattainment 

area, known as a ‘‘base year inventory.’’ 

The New Castle County base year 

inventory SIP addresses a base year 

inventory requirement for the 

Philadelphia Area. 

II. Summary of SIP Revision and EPA 

Analysis 

A. EPA Evaluation of the New Castle 

County Base Year Inventory SIP 

EPA’s review of Delaware’s base year 

inventory SIP indicates that it meets the 

base year inventory requirements for the 

2015 ozone NAAQS. As required by 40 

CFR 51.1315(a), DNREC selected 2017 

for the base year inventory, which is 

consistent with the baseline year for the 

RFP because it is the year of the most 

recent triennial inventory. DNREC 

included actual ozone season emissions, 

pursuant to 40 CFR 51.1315(c). 

EPA prepared a Technical Support 

Document (TSD) in support of this 

rulemaking. In that TSD, EPA reviewed 

the results, procedures, and 

methodologies for the SIP base year, and 

found them to be acceptable and 

developed in accordance with EPA’s 

technical guidance. The TSD is 

available online at http://

www.regulations.gov, Docket ID No. 

EPA–R03–OAR–2021–0854. 

B. Base Year Inventory Requirements 

In EPA’s December 6, 2018 (83 FR 

62998) rulemaking, ‘‘Implementation of 

the 2015 National Ambient Air Quality 

Standards for Ozone: Nonattainment 

Area State Implementation Plan 

Requirements,’’ known as the ‘‘SIP 

Requirements Rule,’’ EPA set out 

nonattainment area requirements for the 

2015 ozone NAAQS. SIP Requirements 

Rule established base year inventory 

requirement, which were codified at 40 

CFR 51.1315. As per 40 CFR 51.1315(a), 

each 2015 ozone nonattainment area is 

required to submit a base year inventory 

within 2 years of designation (i.e., no 

later than August 3, 2020). 

Also, 40 CFR 51.1315(a) requires that 

the inventory year be selected consistent 

with the baseline year for the reasonable 

further progress (RFP) plan as required 

by 40 CFR 51.1310(b), which states that 

the baseline emissions inventory shall 

be the emissions inventory for the most 

recent calendar year for which a 

complete triennial inventory is required 

to be submitted to the EPA under the 

provisions of subpart A of 40 CFR part 

51, Air Emissions Reporting 

Requirements, 40 CFR 51.1 through 

51.50. The most recent triennial 

inventory year conducted for the 

National Emissions Inventory (NEI) 

pursuant to the Air Emissions Reporting 

Requirements (AERR) rule is 2017. See 


jspears on DSK121TN23PROD with PROPOSALS1
3260 Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Proposed Rules 

1On January 29, 2021, the Court of Appeals for 

the D.C. Circuit issued its decision regarding 

multiple challenges to EPA’s implementation rule 

for the 2015 ozone NAAQS which included, among 

other things, upholding this provision allowing 

states to use an alternative baseline year for RFP. 

Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 2021). 

The other provisions of EPA’s ozone implantation 

rule at issue in the case are not relevant for this 

rulemaking. 

2The Technical Support Document for the Base 

Year Inventory Submitted with the 2015 8-Hour 

Ozone NAAQS Marginal Area State Implementation 

Plan for the Philadelphia Area, included in the 

docket for this rulemaking available online at 

https://www.regulations.gov, Docket ID: EPA–R03– 

OAR–2021–0854. 

73 FR 76539 (December 17, 2008). 

Delaware selected 2017 as their baseline 

emissions inventory year for RFP. This 

selection comports with EPA’s 

implementation regulations for the 2015 

ozone NAAQS because 2017 is the 

inventory year. 40 CFR 51.1310(b).1

Furthermore, 40 CFR 51.1315(c) 

requires emissions values included in 

the base year inventory to be actual 

ozone season day emissions as defined 

by 40 CFR 51.1300(q), which states that 

ozone season day emissions means an 

average day’s emissions for a typical 

ozone season work weekday. The state 

shall select, subject to EPA approval, the 

particular month(s) in the ozone season 

and the day(s) in the work week to be 

represented, considering the conditions 

assumed in the development of RFP 

plans and/or emissions budgets for 

transportation conformity. 

C. New Castle County Base Year 

Inventory SIP 

The New Castle County base year 

inventory SIP contains an explanation 

of DNREC’s 2017 base year emissions 

inventory for New Castle County (2017 

New Castle County BYE) for point, nonpoint, and mobile anthropogenic 

sources within New Castle County. 

DNREC estimated anthropogenic 

emissions for nitrogen oxide (NOX), 

volatile organic compound (VOC), and 

carbon monoxide (CO) for annual and 

Summer Season Weekday (SSWD) daily 

emissions. The 2017 New Castle County 

BYE contains the following source 

categories of anthropogenic emissions 

sources: Stationary point, stationary 

non-point, mobile non-road, and mobile 

on-road sources, with an explanation of 

the methodologies used to derive 

emissions summaries for each source 

category contained within each 

respective section. 

1. Stationary Point Sources 

Point sources are larger sources that 

are located at a fixed, stationary 

location. As defined by the AERR in 40 

CFR 51.50, point sources are large, 

stationary (non-mobile), identifiable 

sources of emissions that release 

pollutants into the atmosphere. A point 

source is a facility that is a major source 

under 40 CFR part 70 for one or more 

of the pollutants for which reporting is 

required by 40 CFR 51.15(a)(1). These 

point sources can be associated with a 

single point or group of points in space. 

Examples of point source emissions 

categories include power plants, 

industrial boilers, petroleum refineries, 

cement plants, and other industrial 

plants. 

As stated in Section 2 of the 2017 

New Castle County BYE, point sources 

included large industrial (e.g., 

manufacturing), commercial, and 

institutional facilities (e.g., hospitals, 

universities, prisons, military bases, 

landfills, and wastewater treatment 

plants) within New Castle County that 

held either a Title V permit or a 

Synthetic Minor permit in 2017. DNREC 

explains that it used several methods of 

source identification. DNREC’s primary 

data source is its permitting program, 

and DNREC’s compliance program 

identifies other point sources though 

facility inspections and investigations. 

In addition, facilities are required by 

Delaware’s emissions statement 

regulations, facilities are required by 

Delaware’s emissions statement 

regulations, Delaware Administrative 

Code (DAC) 7 DE Admin. Code 1117 

Source Monitoring, Record Keeping and 

Reporting, to certify the air emissions 

for the past calendar year. The certified 

emissions are used for inventory and 

planning purposes. The certified 

emissions are used for inventory and 

planning purposes. 

DNREC’s Division of Air Quality 

(DAQ) developed the point source data 

for the 2017 base year inventory. The 

point source inventory contains 

emissions for electric generating units 

(EGUs) and Non-EGU sources in the 

nonattainment area. EPA guidance for 

emissions inventory development 

provides that ozone season day 

emissions are used for the base year 

inventory for the nonattainment area. 

DAQ developed their 2017 inventory by 

using emissions directly reported to the 

agency by facilities as required by 

Delaware air quality regulations. These 

emissions are also reported to EPA, and 

after going through EPA’s quality 

assurance (QA) and quality control (QC) 

process, are included in EPA’s National 

Emissions Inventory (NEI). The 

emissions for this base year can be 

found in EPA’s 2017 NEI.2

2. Stationary Non-Point Sources 

Stationary non-point sources 

represent a large and diverse set of 

individual emission source categories. 

These sources collectively represent 

individual sources of emissions that 

have not been inventoried as either 

specific stationary point or mobile 

sources, and are typically too small, 

numerous, or difficult to inventory 

using the methods for the other classes 

of sources. 

Stationary non-point sources that 

DNREC evaluated for the 2017 New 

Castle County BYE include solvent use 

(e.g., dry cleaners, auto refinishing), 

gasoline usage and distribution (e.g., 

tank truck unloading and auto 

refueling), fuel combustion (e.g., 

combustion of fuels in industrial, 

commercial, institutional, and 

residential furnaces, engines, boilers, 

wood stoves, and fireplaces), and open 

burning (e.g., rash burning, prescribed 

burning, burning of land clearing debris, 

wildfires, building fires, and vehicle 

fires). Section 3.2 of the New Castle 

County BYE sets out the methodologies 

DNREC used to estimate emissions for 

each of these non-point source 

categories. These methods are consistent 

with the most recent EPA emission 

inventory guidance. 

3. Non-Road Mobile Sources 

Non-road mobile sources represent a 

large and diverse set of off-road vehicles 

and non-stationary equipment. As per 

40 CFR 51.50, a non-road engine is an 

internal combustion engine (including 

the fuel system) that is not used in an 

on-road motor vehicle or a vehicle used 

solely for competition, or that is not 

affected by sections 111 or 202 of the 

CAA. Also defined by 40 CFR 51.50, a 

non-road vehicle (rather than engine) is 

a vehicle that is run by a non-road 

engine and that is not an on-road motor 

vehicle or a vehicle used solely for 

competition. Examples of non-road 

mobile sources include aircraft, airport 

ground support equipment, agricultural 

and construction equipment powered by 

an internal combustion engine, 

commercial marine vessels, 

locomotives, and lawn and garden 

engines and equipment. 

As explained in Section 4 of the New 

Castle County BYE, consistent with 

EPA’s Emission Inventory Guidance for 

Implementation of Ozone and 

Particulate Matter NAAQS and Regional 

Haze Regulations, DNREC used EPA’s 

Motor Vehicle Emission Simulator 

(MOVES) 2014b model to develop the 

inventory for non-road mobile sources. 

MOVES2014 and later calculates 

emissions from both onroad and nonroad mobile sources and covers nonroad sources across 12 broad economic 

sectors (e.g., construction, agriculture, 

industrial, lawn & garden, etc.) 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Proposed Rules 3261 

3Emission Inventory Guidance for 

Implementation of Ozone and Particulate Matter 

National Ambient Air Quality Standards (NAAQS) 

and Regional Haze Regulations, Page 130, included 

in the docket for this rulemaking available online 

at https://www.regulations.gov, Docket ID: EPA– 

R03–OAR–2021–0854. 

classified by horsepower rating, engine 

type (e.g., compression ignition, spark 

ignition) and displacement, and fuel 

type (e.g., gasoline, diesel, compressed 

natural gas (CNG), and liquefied 

petroleum gas (LPG)). 

Section 4 of the New Castle County 

BYE also includes aircraft, railroad 

locomotive, and commercial marine 

vessel emissions. DNREC calculated 

emissions from these sources by 

collecting data directly from surveyed 

sources, or activity from state and 

federal reporting agencies. To estimate 

emissions for aircraft, DNREC used 

airport activity statistics from the 

Federal Aviation Administration (FAA), 

landing and takeoff cycle information 

from the Delaware Department of 

Transportation (DelDOT), and survey 

information for landing and takeoffs, 

engine type, location, and usage data 

from airports within New Castle County. 

Railroad emission estimates were 

developed using activity and fuel 

consumption estimates collected from 

the rail companies within the state, 

including the Maryland & Delaware 

(MDDE) Railroad, Delaware Coast Line 

Railroad, Delmarva Central Railroad, 

Eastern Penn Railroad, and Wilmington 

and Western. For commercial marine 

vessels, DNREC calculated emissions for 

ocean-going vessels, towboats, tug-assist 

vessels, ferries, and vessels associated 

with dredging operations. Emissions 

were calculated based on mode of 

operation, vessel type, tonnage, and 

engine type; DNREC developed county 

emission allocation factors based on the 

location of the activity on various 

waterways and length of the waterway 

segment. These methods of calculating 

emissions are consistent with the most 

recent EPA emission inventory 

guidance.3

4. On-Road Mobile Sources 

On-road mobile sources are also 

called ‘‘highway mobile sources.’’ These 

sources are the motor vehicles (e.g., 

automobiles, buses, trucks) traveling on 

local and highway roads. On-road 

mobile source emission estimates 

should utilize the latest recommended 

on-road mobile source models; 

currently, that means the EPA’s MOVES 

model for all states except California. 

The MOVES model estimates emissions 

from vehicle exhaust and from mobile 

source evaporative emissions, both of 

which must be included in the 

inventory. Volatile hydrocarbons 

evaporate from fuel systems while a 

vehicle is refueling, parked, or driving. 

Evaporative processes differ from 

exhaust emissions because they don’t 

directly involve combustion, which is 

the main process driving exhaust 

emissions. 

As stated in Section 5 of the New 

Castle County BYE, DNREC used EPA’s 

MOVES2014b model to estimate 2017 

annual emissions and 2017 SSWD daily 

emissions from on-road sources in New 

Castle County. Emissions were 

estimated based on emission factors and 

vehicle activity. Emission factors for 

vehicles were based on vehicle type 

(e.g., passenger cars, passenger trucks), 

vehicle age, and the vehicle’s operating 

modes. Operating modes for running, 

start, and idle emissions are included in 

MOVES. The emission factors varied 

over a range of conditions, including 

ambient air temperature, speed, traffic 

conditions, road types, road topography, 

etc. The generated emission factors were 

then multiplied by the appropriate 

vehicle miles traveled (VMT) to estimate 

emissions. To estimate the rate at which 

emissions are being generated and to 

calculate VMT, DNREC examined its 

road network, vehicle fleet, and traffic 

data to estimate vehicle activity. DNREC 

used computer models to perform 

emissions calculations by simulating the 

travel of vehicles on Delaware’s 

roadway system. 

EPA has reviewed the results, 

procedures, and methodologies for the 

SIP base year, as well as comparing the 

inventory with previously QA/QC’d 

data in EPA’s 2017 NEI for any data 

discrepancies and found none. EPA has 

therefore determined that the base year 

inventory to be acceptable and 

developed in accordance with EPA’s 

technical guidance. 

5. Emissions Summary 

The New Castle County BYE contains 

a summary of 2017 annual and ozone 

SSWD daily emissions by source sector, 

which is presented in Table 1 in this 

document. 

TABLE 1—2017 NEW CASTLE COUNTY BASE YEAR EMISSION INVENTORY SUMMARY

Source category 

Annual 

(tons per year) 

SSWD 

(tons per day) 

VOC NOX CO VOC NOX CO 

Stationary Point ................................................................ 747 2,504 1,766 3.11 14.53 10.42 

Stationary Non-Point ........................................................ 3,387 1,444 3,527 10.63 2.76 6.76 

Non-Road Mobile ............................................................. 2,245 3,152 23,844 7.68 9.27 92.89 

On-Road Mobile ............................................................... 2,213 5,184 28,807 6.23 15.70 87.23 

Total .......................................................................... 8,592 12,284 57,944 27.65 42.26 197.30 

III. Proposed Action 

EPA’s review of this material 

indicates the New Castle County base 

year inventory SIP meets the base year 

inventory requirement for the 2015 

ozone NAAQS for Delaware’s portion of 

the Philadelphia Area that is designated 

nonattainment, which consists of New 

Castle County, Delaware. Therefore, 

EPA is proposing to approve the New 

Castle County base year inventory SIP, 

which was submitted on October 9, 

2020. EPA is soliciting public comments 

on the issues discussed in this 

document. These comments will be 

considered before taking final action. 

IV. 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: 


jspears on DSK121TN23PROD with PROPOSALS1
3262 Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Proposed Rules 

• 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); 

• 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 

rulemaking, proposing to approve 

Delaware’s base year inventory SIP for 

the 2015 ozone NAAQS, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 3, 2022. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2022–00248 Filed 1–20–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 217 

[Docket No. 220113–0013] 

RIN 0648–BK97 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Russian River Estuary 

Management Activities 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS has received a request 

from the Sonoma County Water Agency 

(SCWA) for authorization to take marine 

mammals incidental to Russian River 

estuary management activities in 

Sonoma County, California, over the 

course of five years (2022–2027). As 

required by the Marine Mammal 

Protection Act (MMPA), NMFS is 

proposing regulations to govern that 

take and requests comments on the 

proposed regulations. 

DATES: Comments and information must 

be received no later than February 22, 

2022. 

ADDRESSES: Submit all electronic public 

comments via the Federal e-Rulemaking 

Portal. Go to www.regulations.gov and 

enter NOAA–NMFS–2021–0124 in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Availability 

A copy of SCWA’s application and 

any supporting documents, as well as a 

list of the references cited in this 

document, may be obtained online at: 

www.fisheries.noaa.gov/national/ 

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

these documents, please call the contact 

listed above (see FOR FURTHER

INFORMATION CONTACT). 

Purpose and Need for Regulatory 

Action 

We received an application from 

SCWA requesting 5-year regulations and 

authorization to take multiple species of 

marine mammals. This proposed rule 

would establish a framework under the 

authority of the MMPA (16 U.S.C. 1361 

et seq.) to allow for the authorization of 

take by Level B harassment of marine 

mammals incidental to SCWA’s estuary 

management activities at the mouth of 

the Russian River in Sonoma County, 

CA. Please see ‘‘Background’’ below for 

definitions of harassment. 

Legal Authority for the Proposed Action 

Section 101(a)(5)(A) of the MMPA (16 

U.S.C. 1371(a)(5)(A)) directs the 

Secretary of Commerce 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 for up to five years 

if, after notice and public comment, the 

agency makes certain findings and 

issues regulations that set forth 

permissible methods of taking pursuant 

to that activity and other means of 

effecting the ‘‘least practicable adverse 

impact’’ on the affected species or 

stocks and their habitat (see the 

discussion below in the Proposed 

Mitigation section), as well as 

monitoring and reporting requirements. 

Section 101(a)(5)(A) of the MMPA and 

the implementing regulations at 50 CFR 

part 216, subpart I provide the legal 

basis for issuing this proposed rule 

containing five-year regulations, and for 

any subsequent LOAs. As directed by 

this legal authority, this proposed rule 

contains mitigation, monitoring, and 

reporting requirements. 


jspears on DSK121TN23PROD with PROPOSALS1