View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOC/NOAA RIN: 0648-BK65 Publication ID: Fall 2023 
Title: Modify the Duration of Special Exception Permits and Letters of Confirmation Under the General Authorization Under Section 104 of the Marine Mammal Protection Act 

This proposed rule would modify the following regulations pertaining to the duration of validity of Marine Mammal Protection Act (MMPA) section 104 special exception permits and Letters of Confirmation (LOC) under the General Authorization, respectively:  50 CFR 216.35(b) and 50 CFR 216.45(d)(3). Currently, MMPA regulations state that the maximum duration of an issued MMPA special exception permit, major amendment, or LOC is five years.  This regulatory change would remove the 5-year duration restriction, consistent with Endangered Species Act (ESA) permitting regulations, to allow the agency discretion in determining the appropriate maximum duration of an MMPA permit.  This action would benefit permit holders including career scientists who conduct longitudinal scientific studies on marine mammals and others. This action would also increase efficiencies and create consistency in the duration of validity across permits issued under both the MMPA and ESA.

Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 216   
Legal Authority: 16 U.S.C. 1361 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Kim Damon-Randall
Director, Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 427-8400