View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOC/NOAA RIN: 0648-AR99 Publication ID: Fall 2010 
Title: Taking Marine Mammals Incidental to Navy Low-Frequency Sonar Operations 
Abstract: The National Marine Fisheries Service (NMFS) amends its regulations governing the taking of marine mammals incidental to operations of the U.S. Navy's SURTASS LFA sonar to implement provisions of the National Defense Authorization Act of 2004 (NDAA). The President signed into law the NDAA (PL 108-136) on November 24, 2003. Included in this law were amendments to the Marine Mammal Protection Act (MMPA) that apply where a "military readiness activity" is concerned. NMFS and the Navy have determined that the Navy's SURTASS LFA sonar testing and training operations that are the subject of NMFS' July 16, 2002 (67 FR 46712) final rule constitute a military readiness activity because those activities comprise "training and operations of the Armed Forces that relate to combat" and include "adequate and realistic testing of military equipment, vehicles, weapons and sensors for proper operation and suitability for combat use." 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 216   
Legal Authority: 16 USC 1371 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/29/2004  69 FR 38873   
NPRM Comment Period End  07/29/2004    
Withdrawn  05/03/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
James H. Lecky
Director, Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 713-2332
Fax:301 427-2520
Email: jim.lecky@noaa.gov