[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Rules and Regulations]
[Pages 24058-24106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07939]



[[Page 24057]]

Vol. 88

Tuesday,

No. 74

April 18, 2023

Part IV





Department of Commerce





-----------------------------------------------------------------------





National Oceanic and Atmospheric Administration





-----------------------------------------------------------------------





50 CFR Part 218





Taking and Importing Marine Mammals; Taking Marine Mammals Incidental 
to Testing and Training Operations in the Eglin Gulf Test and Training 
Range; Final Rule

  Federal Register / Vol. 88 , No. 74 / Tuesday, April 18, 2023 / Rules 
and Regulations  

[[Page 24058]]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 218

[Docket No. 230410-0096]
RIN 0648-BL77


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Testing and Training Operations in the Eglin Gulf Test 
and Training Range

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; notification of issuance of Letters of 
Authorization.

-----------------------------------------------------------------------

SUMMARY: NMFS, upon request from the U.S. Department of the Air Force 
(USAF), issues these regulations pursuant to the Marine Mammal 
Protection Act (MMPA) to govern the taking of marine mammals incidental 
to testing and training activities to be conducted in the Eglin Gulf 
Test and Training Range (EGTTR) from 2023 to 2030 in the Gulf of 
Mexico. The USAF's activities qualify as military readiness activities 
pursuant to the MMPA, as amended by the National Defense Authorization 
Act for Fiscal Year 2004 (2004 NDAA). These regulations, which allow 
for the issuance of Letters of Authorization (LOA) for the incidental 
take of marine mammals during the described activities and timeframes, 
prescribe the permissible methods of taking and other means of 
effecting the least practicable adverse impact on marine mammal species 
and their habitat, and establish requirements pertaining to the 
monitoring and reporting of such taking.

DATES: 
    Effective dates: Amendatory instruction 1 is effective April 13, 
2023, and amendatory instruction 2 is effective from April 13, 2023, 
through April 13, 2030.
    Applicability dates: This rule is applicable to the USAF on April 
13, 2023, through April 13, 2030.

ADDRESSES: A copy of the USAF's application, NMFS' proposed and final 
rules and subsequent LOA for the existing regulations, and other 
supporting documents and documents cited herein may be obtained online 
at www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. In case of problems 
accessing these documents, please use the contact listed here (see FOR 
FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Purpose of Regulatory Action

    These regulations, issued under the authority of the MMPA (16 
U.S.C. 1361 et seq.), provide the framework for authorizing the take of 
marine mammals incidental to the USAF's testing and training activities 
(which qualify as military readiness activities) from air-to-surface 
operations that involve firing live or inert munitions, including 
missiles, bombs, and gun ammunition, from aircraft at various types of 
targets on the water surface. Live munitions used in the EGTTR are set 
to detonate either in the air a few feet above the water, 
instantaneously upon contact with the water or target, or approximately 
5 to 10 feet (ft) (1.5 to 3 meters (m)) below the water surface. There 
will also be training exercises for Navy divers that require the 
placement of small explosive charges by hand to disable live mines.
    Eglin Air Force Base (AFB) will conduct operations in the existing 
Live Impact Area (LIA). In addition, the USAF will also create and use 
a new, separate LIA within the EGTTR that would be used for live 
missions in addition to the existing LIA. Referred to as the East LIA, 
it is located approximately 40 nautical miles (nmi) (74 kilometers 
(km)) southeast of the existing LIA.
    NMFS received an application from the USAF requesting 7-year 
regulations and an authorization to incidentally take individuals of 
multiple species of marine mammals (``USAF's rulemaking/LOA 
application'' or ``USAF's application''). Take is anticipated to occur 
by Level A and Level B harassment incidental to the USAF's training and 
testing activities, with no serious injury or mortality expected or 
authorized.
    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1371(a)(5)(A)) directs 
the Secretary of Commerce (as 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, after notice and public comment, the agency makes certain findings 
and issues regulations that set forth permissible methods of taking 
pursuant to that activity, 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 final rule and the subsequent LOAs. As directed by this 
legal authority, this final rule contains mitigation, monitoring, and 
reporting requirements.
    The 2004 NDAA (Pub. L. 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations indicated above and 
amended the definition of ``harassment'' as applied to a ``military 
readiness activity.'' The activity for which incidental take of marine 
mammals is being requested addressed here qualifies as a military 
readiness activity.
    More recently, section 316 of the NDAA for Fiscal Year 2019 (2019 
NDAA) (Pub. L. 115-232), signed on August 13, 2018, amended the MMPA to 
allow incidental take rules for military readiness activities under 
section 101(a)(5)(A) to be issued for up to 7 years. Prior to this 
amendment, all incidental take rules under section 101(a)(5)(A) were 
limited to 5 years.

Summary of Major Provisions Within the Final Rule

    The following is a summary of the primary provisions of this final 
rule regarding the USAF's activities. These provisions include, but are 
not limited to:
     Use of live munitions with surface or subsurface 
detonations is restricted to the existing Live Impact Area (LIA) and 
the new East LIA;
     Use of live munitions in the western part of the existing 
LIA and new East LIA is restricted based on specified setbacks from the 
100-meter isobath. The 100-m isobath is the minimum depth at which the 
majority of Rice's whale detections have occurred. The setbacks are 
equivalent to the modeled threshold distances where each mission-day 
category would cause the onset of permanent threshold shift (PTS) in 
the Rice's whale;
     Use of inert munitions is prohibited between the 100-meter 
to 400-meter isobaths throughout the EGTTR, which encompasses the area 
in which the vast majority of Rice's whale detections have occurred;
     Gunnery missions must be conducted at least 500 meters 
landward of the 100-meter isobath; and
     Use of 105 mm Training Rounds (TR) containing decreased 
explosive material is required during live nighttime gunnery missions.
     Use of vessel-based, aerial-based and video-based 
monitoring platforms for mission activities;

[[Page 24059]]

     Employment of protected species observers (PSOs) who have 
completed Eglin's Marine Species Observer Training Course developed in 
cooperation with NMFS;
     Implementing two passive acoustic monitoring (PAM) studies 
(pending availability of funding); and
     Submission of annual and final comprehensive monitoring 
reports that will record all occurrences of marine mammals and any 
behavior or behavioral reactions observed, any observed incidents of 
injury or behavioral harassment, and any required mission delays, 
relocations or cancellations.
    Additionally, the rule includes an adaptive management component 
that allows for timely modification of mitigation or monitoring 
measures based on new information, when appropriate.

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA direct the 
Secretary of Commerce (as 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 proposed authorization is 
provided to the public for review and the opportunity to submit 
comments.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stocks and will not have an unmitigable adverse impact on the 
availability of the species or stocks for taking for subsistence uses 
where relevant, including by Alaska Natives. Further, NMFS must 
prescribe the permissible methods of taking and other means of 
effecting the least practicable adverse impact on the affected species 
or stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance, and on the 
availability of the species or stocks for taking for certain 
subsistence uses (referred to in this rule as ``mitigation measures''); 
and requirements pertaining to the monitoring and reporting of such 
takings. The MMPA defines ``take'' to mean to harass, hunt, capture, or 
kill, or attempt to harass, hunt, capture, or kill any marine mammal. 
The Analysis and Negligible Impact Determination section below 
discusses the definition of ``negligible impact.''
    The NDAA for Fiscal Year 2004 (2004 NDAA) (Pub. L. 108-136) amended 
section 101(a)(5) of the MMPA to remove the ``small numbers'' and 
``specified geographical region'' provisions indicated above and 
amended the definition of ``harassment'' as applied to a ``military 
readiness activity.'' The definition of harassment for military 
readiness activities (section 3(18)(B) of the MMPA) is (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). In addition, 
the 2004 NDAA amended the MMPA as it relates to military readiness 
activities such that the least practicable adverse impact analysis 
shall include consideration of personnel safety, practicality of 
implementation, and impact on the effectiveness of the military 
readiness activity.
    More recently, section 316 of the NDAA for Fiscal Year 2019 (2019 
NDAA) (Pub. L. 115-232), signed on August 13, 2018, amended the MMPA to 
allow incidental take rules for military readiness activities under 
section 101(a)(5)(A) to be issued for up to 7 years. Prior to this 
amendment, all incidental take rules under section 101(a)(5)(A) were 
limited to 5 years.

Summary and Background of Request

    On January 18, 2022, NMFS received an application from the USAF for 
authorization to take marine mammals by Level A and Level B harassment 
incidental to training and testing activities (categorized as military 
readiness activities) in the EGTTR for a period of 7 years. On June 17, 
2022, NMFS received an adequate and complete application for missions 
that would include air-to-surface operations that involve firing live 
or inert munitions, including missiles, bombs, and gun ammunition from 
aircraft at targets on the water surface. The types of targets used 
vary by mission and primarily include stationary, remotely controlled, 
and towed boats, inflatable targets, and marker flares. Live munitions 
used in the EGTTR are set to detonate either in the air a few feet 
above the water surface (airburst detonation), instantaneously upon 
contact with the water or target (surface detonation), or approximately 
5 to 10 feet (1.5 to 3 m) below the water surface (subsurface 
detonation). On July 17, 2022, we published a notice of receipt (NOR) 
of application in the Federal Register (87 FR 42711), requesting 
comments and information related to the USAF's request. The public 
comment period was open for 30 days. We reviewed and considered all 
comments and information received on the NOR in development of this 
final rule. On February 7, 2023, we published a notice of proposed 
rulemaking (88 FR 8146) and requested comments and information related 
to the USAF's request for 30 days. All substantive comments received 
during the NOR and the proposed rulemaking comment periods were 
considered in developing this final rule. Comments received on the 
proposed rule are addressed in this final rule in the Comments and 
Responses section.
    This is the second time NMFS has promulgated incidental take 
regulations pursuant to the MMPA relating to similar military readiness 
activities in the EGTTR. On February 8, 2018, NMFS promulgated a 
rulemaking and issued an LOA for takes of marine mammals incidental to 
Eglin AFB's training and testing operations in the EGTTR (83 FR 5545).
    Most operations during the current effective period are a 
continuation of the same operations conducted by the same military 
units during the previous mission period. There will, however, be an 
increase in the annual quantities of all general categories of 
munitions (bombs, missiles, and gun ammunition) under the USAF's 
planned activities, except for live gun ammunition, which will be used 
less over the next mission period. The highest net explosive weight 
(NEW) of the munitions under the USAF's activities will be 945 pounds 
(lb) (430 kilograms (kg)), which was also the highest NEW for the 
previous mission period. Live missions planned for the 2023-2030 period 
will be conducted in the existing Live Impact Area (LIA) within the 
EGTTR. Certain missions may also be conducted in the East LIA, which is 
a new, separate area within the EGTTR where live and inert munitions 
will be used.
    The USAF's rulemaking/LOA application reflects the most up-to-date 
compilation of training and testing activities deemed necessary to 
accomplish military readiness requirements. EGTTR training and testing 
operations are critical for achieving military readiness and the 
overall goals of the National Defense Strategy. The regulations cover 
testing

[[Page 24060]]

and training activities in the EGTTR and will be effective for seven 
years, beginning from the date of issuance.

Description of the Specified Activity

    A detailed description of the specified activity was provided in 
our Federal Register notice of proposed rulemaking (88 FR 8146; 
February 7, 2023); please see that notice of proposed rulemaking or the 
USAF's application for more information. The USAF requested 
authorization to take marine mammals incidental to conducting training 
and testing activities in the EGTTR. The USAF has determined that 
acoustic and explosives stressors are most likely to result in impacts 
on marine mammals that could rise to the level of harassment, qualify 
as take under the MMPA, and NMFS concurs with this determination. Eglin 
plans to conduct military aircraft missions within the EGTTR that 
involve the employment of multiple types of live (explosive) and inert 
(non-explosive) munitions (i.e., missiles, bombs, and gun ammunition) 
against various surface targets. Munitions may be delivered by multiple 
types of aircraft including, but not limited to, fighter jets, bombers, 
and gunships.
    Detailed descriptions of these activities are described in the 
Eglin Gulf Test and Training Range (EGTTR) Range rulemaking/LOA 
application (https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-air-force-eglin-gulf-testing-and-training) and are 
summarized here.

Dates and Duration

    The specified activities will occur at any time during the 7-year 
period of validity of the regulations. The planned amount of training 
and testing activities are described in the Detailed Description of the 
Specified Activities section.

Geographical Region

    The Eglin Military Complex encompasses approximately 724 square 
miles (1,825 km\2\ of land in the Florida Panhandle and consists of the 
Eglin Reservation in Santa Rosa, Okaloosa, and Walton Counties, and 
property on Santa Rosa Island and Cape San Blas. The EGTTR is the 
airspace controlled by Eglin AFB over the Gulf of Mexico, beginning 3 
nautical miles (nmi) (5.56 km) from shore, and the underlying Gulf of 
Mexico waters. The EGTTR extends southward and westward off the coast 
of Florida and encompasses approximately 102,000 nmi (349,850 km\2\). 
It is subdivided into blocks of airspace that consist of Warning Areas 
W-155, W-151, W-470, W-168, and W-174 and Eglin Water Test Areas 1 
through 6 (Figure 1). Most of the blocks are further subdivided into 
smaller airspace units for scheduling purposes (for example, W-151A, B, 
C, and D). Although Eglin AFB may use any portion of the EGTTR, the 
majority of training and testing operations planned for the 2023-2030 
mission period would occur in Warning Area W-151. The nearshore 
boundary of W-151 parallels much of the coastline of the Florida 
Panhandle and extends horizontally from 3 nmi (5.56 km) offshore to 
approximately 85 to 100 nmi (158 to185 km) to offshore, depending on 
the specific portion of its outer boundary. W-151 encompasses 
approximately 10,247 nmi\2\ (35146 km\2\) and includes water depths 
that range from approximately 5 to 720 m. The existing LIA, which is 
the portion of the EGTTR where the use of live munitions is currently 
authorized, lies mostly within W-151. The existing LIA encompasses 
approximately 940 nmi\2\ (3,224 km\2\) and includes water depths that 
range from approximately 30 to 145 m. This is where live munitions 
within the EGTTR are currently used in the existing LOA (83 FR 5545; 
February 8, 2018) and where the Gulf Range Armament Test Vessel (GRATV) 
is anchored. The GRATV remains anchored at a specific location during a 
given mission; however, it is mobile and relocated within the LIA based 
on mission needs.
    The USAF's planned activities provide for the creation of a new, 
separate area within the EGTTR that will be used for live missions in 
addition to the existing LIA. This area, herein referred to as the East 
LIA, is located approximately 40 nmi offshore of Eglin AFB property on 
Cape San Blas. Cape San Blas is located on St. Joseph Peninsula in Gulf 
County, Florida, approximately 90 mi (144 km) southeast of the Eglin 
Reservation. Eglin AFB facilities on Cape San Blas remotely support 
EGTTR operations via radar tracking, telemetry, and other functions. 
The East LIA is circular-shaped and has a radius of approximately 10 
nmi (18.5 km) and a total area of approximately 314 nmi\2\. Water 
depths range from approximately 35 to 95 m. The East LIA will allow 
Eglin AFB to maximize the flight range for large-footprint weapons and 
minimize the distance, time, and cost of deploying support vessels and 
targets. Based on these factors, the East LIA will allow testing of 
weapon systems and flight profiles that cannot be conducted within the 
constraints of the existing LIA.

Detailed Description of the Specified Activities

    This section provides descriptions of each military user group's 
planned EGTTR operations, as well as information regarding munitions 
planned to be used during the operations. This information includes 
munition type, category, net explosive weight (NEW), detonation 
scenario, and annual quantity planned to be expended in the EGTTR. NEW 
applies only to live munitions and is the total mass of the explosive 
substances in a given munition, without packaging, casings, bullets, or 
other non-explosive components of the munition. Note that for some 
munitions the warhead is removed and replaced with a telemetry package 
that tracks the munition's path and/or Flight Termination System (FTS) 
that ends the flight of the munition in a controlled manner. These 
munitions have been categorized as live munitions with NEWs that range 
from 0.30 to 0.70 lb (0.13 to 0.31 kg). While certain munitions with 
only FTS may be considered inert due to negligible NEW, those contained 
here are considered to be live with small amounts of NEW. The 
detonation scenario applies only to live munitions which are set to 
detonate in one of three ways: (1) in the air a few feet above the 
water surface, referred to as airburst or height of burst (HOB); (2) 
instantaneously upon contact with the water or target on the water 
surface; or (3) after a slight delay, up to 10 milliseconds, after 
impact, which would correspond to a subsurface detonation at a water 
depth of approximately 5 to 10 ft (1.5 to 3 m). Estimated take is only 
modeled for scenarios (2) and (3). The planned annual expenditures of 
munitions are the quantities determined necessary to meet the mission 
requirements of the user groups.
    Live missions planned for the 2023-2030 period would be conducted 
in the existing LIA and the East LIA, depending on the mission type and 
objectives. Live missions that involve only airburst or aerial target 
detonations would continue to be conducted in or outside the LIA in any 
portion of the EGTTR; such detonations have no appreciable effect on 
marine mammals because there is negligible transmission of pressure or 
acoustic energy across the air-water interface. Use of inert munitions 
and live air-to-surface gunnery operations would also continue to occur 
in or outside the LIA, subject to required mitigation and monitoring 
measures.
    Eglin AFB plans to implement the following actions in the EGTTR 
which would be conducted in the existing LIA

[[Page 24061]]

and the East LIA, depending on the mission type and objectives:
    (1) 53rd Weapons Evaluation Group missions that involve air-to-
surface tests various types of munitions against small target boats, 
and air-to-air missile testing;
    (2) Continuation of the Air Force Special Operations Command 
(AFSOC) training missions in the EGTTR primarily involving air-to-
surface gunnery, bomb, and missile exercises including AC-130 gunnery 
training, CV-22 training, and bomb and missile training;
    (3) 96th Operations Group missions including AC-130 gunnery testing 
against floating marker targets on the water surface, and other 
aircraft air-to-surface testing; and 780th Test Squadron weapons 
testing of air-launched cruise missiles, air-to-air missiles, air-to-
surface missiles, and surface-to-air missiles using live and inert 
munitions against targets on the water surface; and
    (4) Naval School Explosive Ordnance Disposal (NAVSCOLEOD) training 
missions that involve students diving and placing small explosive 
charges adjacent to inert mines.
53rd Weapons Evaluation Group
    The 53rd Weapons Evaluation Group (53 WEG) conducts the USAF's air-
to-ground Weapons System Evaluation Program (WSEP) for testing various 
types of live and inert munitions against small target boats. This 
testing is conducted to develop tactics, techniques, and procedures 
(TTP) to be used by USAF aircraft to counter small, maneuvering, 
hostile vessels. Missions planned in the EGTTR for the 2023-2030 period 
would involve the use of several types of aircraft. USAF, Air National 
Guard, and U.S. Navy units would support these missions. Live munitions 
would be deployed against static (anchored), remotely controlled, and 
towed targets. Static and remotely controlled targets would consist of 
stripped boat hulls with simulated systems and, in some cases, heat 
sources. Various types of live and inert munitions are used during 53 
WEG missions in the EGTTR, including missiles, bombs, and gun 
ammunition. Table 1 presents information on the munitions planned for 
53 WEG air-to-surface missions in the EGTTR during the 2023-2030 
period.

                   Table 1--Planned Munitions for 53 WEG Air-to-Surface Missions in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive
                   Category                      weight (lb)/         Destination scenario            Annual
                                                     (kg)                                            quantity
----------------------------------------------------------------------------------------------------------------
Live Munitions:
    Rocket....................................       9.1 (4.1)  Surface.........................              12
    Missile...................................  240.26 (108.9)  Surface.........................               4
    Missile...................................  240.26 (108.9)  Surface.........................               3
    Missile...................................  240.26 (108.9)  Surface.........................               3
    Missile...................................        150 (68)  Surface.........................               5
    Missile...................................      145 (65.7)  Surface.........................               5
    Missile...................................        150 (68)  Surface.........................               5
    Missile...................................      145 (65.7)  Surface.........................               4
    Missile...................................        150 (68)  Surface.........................               5
    Missile...................................     29.1 (13.2)  Surface.........................               4
    Missile...................................    29.94 (13.6)  Surface.........................               4
    Missile...................................    27.41 (12.4)  Surface.........................               4
    Missile...................................    27.38 (12.4)  Surface.........................               4
    Missile...................................     20.16 (9.1)  Surface.........................               4
    Bomb......................................    108.6 (49.5)  HOB.............................               8
    Bomb......................................   \a\ 0.34(0.1)  HOB/Surface.....................               8
    Bomb......................................   \a\ 0.39(0.1)  Surface.........................               4
    Missile...................................        \a\ 0.70  Surface.........................               2
                                                        (0.31)
    Missile...................................        \a\ 0.70  Surface.........................               2
                                                        (0.31)
    Missile...................................  \a\ 0.70(0.31)  Surface.........................               2
    Missile...................................  \a\ 0.70(0.31)  Surface.........................               2
    Missile...................................     27.47(12.5)  Surface.........................               4
    Bomb......................................      6.88 (3.1)  Surface.........................               2
    Bomb......................................      6.88 (3.1)  Surface.........................               4
    Missile...................................      8.14 (3.7)  Surface.........................               4
    Bomb......................................      193 (87.5)  Surface.........................               4
    Bomb......................................             193  Surface.........................               4
    Gun Ammunition............................             4.7  Surface.........................             100
Inert Munitions:
    Missile...................................             N/A  N/A.............................               4
    Missile...................................             N/A  N/A.............................               4
    Missile...................................             N/A  N/A.............................               4
    Missile...................................             N/A  N/A.............................               4
    Bomb......................................             N/A  N/A.............................               8
    Bomb......................................             N/A  N/A.............................              32
    Bomb......................................             N/A  N/A.............................              16
    Bomb......................................             N/A  N/A.............................              16
    Bomb......................................             N/A  N/A.............................               2
    Bomb......................................             N/A  N/A.............................              16
    Bomb......................................             N/A  N/A.............................              16
    Bomb......................................             N/A  N/A.............................               2
    Bomb......................................             N/A  N/A.............................               2
    Bomb......................................             N/A  N/A.............................               8
    Bomb......................................             N/A  N/A.............................               4
    Bomb......................................             N/A  N/A.............................               4

[[Page 24062]]

 
    Bomb......................................             N/A  N/A.............................              10
    Bomb......................................             N/A  N/A.............................               4
    Bomb......................................             N/A  N/A.............................               4
    Bomb......................................             N/A  N/A.............................               2
    Bomb......................................             N/A  N/A.............................               4
    Gun Ammunition............................     0.09 (0.04)  N/A.............................          16,000
    Gun Ammunition............................             N/A  N/A.............................          16,000
    Gun Ammunition............................             N/A  N/A.............................          16,000
    Decoy System..............................             N/A  N/A.............................               6
----------------------------------------------------------------------------------------------------------------
\a\ Warhead replaced by FTS/Tactical Missile (TM). Identified NEW is for the FTS.
EGTTR = Eglin Gulf Test and Training Range.

    The 53 WEG also conducts live air-to-air missile testing in the 
EGTTR. These missions also include firing inert gun ammunition and 
releasing flares and chaff from aircraft. Air-to-air missile testing 
during these missions specifically involves firing live missiles at 
sub-and full-scale Aerial Targets to evaluate the effectiveness of 
missile delivery techniques. These missions involve the use of several 
types of fighter aircraft. Table 2 presents information on the 
munitions planned to be used during 53 WEG missions in the EGTTR.

                     Table 2--Planned Munitions for 53 WEG Air-to-Air Missions in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive
                   Category                      weight (lb)/          Detonation scenario            Annual
                                                     (kg)                                            quantity
----------------------------------------------------------------------------------------------------------------
Live Munitions:
    Missile...................................   113.05 (51.3)  HOB.............................              24
    Missile...................................   113.05 (51.3)  HOB.............................              10
    Missile...................................   113.05 (51.3)  HOB.............................               8
    Missile...................................   102.65 (46.5)  HOB.............................              14
    Missile...................................   117.94 (63.5)  HOB/Surface.....................               4
    Missile...................................   102.65 (46.5)  HOB.............................              18
    Missile...................................    60.25 (27.3)  HOB.............................               7
    Missile...................................     67.9 (30.8)  HOB/Surface.....................              10
    Missile...................................    60.25 (27.3)  HOB.............................              24
    Missile...................................    60.55 (27.3)  HOB.............................              90
Inert Munitions:
    Missile...................................             N/A  N/A.............................               4
    Gun Ammunition............................             N/A  N/A.............................          80,000
    Gun Ammunition............................             N/A  N/A.............................           6,000
    Flare.....................................             N/A  N/A.............................           1,800
    Chaff.....................................             N/A  N/A.............................           6,000
    Chaff.....................................             N/A  N/A.............................           1,500
----------------------------------------------------------------------------------------------------------------
EGTTR = Eglin Gulf Test and Training Range; HOB = height of burst; lb = pound(s); mm = millimeter(s); N/A = not
  applicable.

Air Force Special Operations Command Training
    The Air Force Special Operations Command (AFSOC) plans to continue 
conducting training missions during the 2023-2030 period. These 
missions primarily involve air-to-surface gunnery, bomb, and missile 
exercises. Gunnery training in the EGTTR involves firing live rounds 
from AC-130 gunships at targets on the water surface. Gun ammunition 
used for this training primarily includes 30-millimeter (mm) High 
Explosive (HE) and 105 mm HE rounds. A standard 105 mm HE round has a 
NEW of 4.7 lb. The Training Round (TR) variant of the 105 mm HE round, 
which has a NEW of 0.35 lb, is used by AFSOC for nighttime missions. 
This TR was developed to have less explosive material to minimize 
potential impacts to protected marine species, which could not be 
adequately surveyed at night by earlier aircraft instrumentation. Since 
the development of the 105 mm HE TR, AC-130s have been equipped with 
low-light electro-optical and infrared sensor systems that provide 
excellent night vision. Targets used for AC-130 gunnery training 
include Mark (Mk)-25 marine markers and inflatable targets. During each 
gunnery training mission, gun firing can last up to 90 minutes but 
typically lasts approximately 30 minutes. Live firing is continuous, 
with pauses usually lasting well under 1 minute and rarely up to 5 
minutes. Table 3 presents information on the rounds planned for AC-130 
gunnery training by AFSOC.

[[Page 24063]]



                        Table 3--Planned Rounds for AC-130 Gunnery Training in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                                     Number of      Rounds per        Annual
    Net explosive weight (lb)/(kg)         Detonation scenario       missions         mission        quantity
----------------------------------------------------------------------------------------------------------------
Daytime Missions:
    4.7 (2.1).........................  Surface.................              25              30             750
    0.1 (0.04)........................                                                       500          12,500
Nighttime Missions:
    0.35 (0.2)........................  Surface.................              45              30           1,350
    0.1 (0.04)........................                                                       500          22,500
                                                                 -----------------------------------------------
        Total.........................                                        70                          37,100
----------------------------------------------------------------------------------------------------------------
EGTTR = Eglin Gulf Test and Training Range.

    The 8th Special Operations Squadron (8 SOS) under AFSOC conducts 
training in the EGTTR using the tiltrotor CV-22 Osprey. This training 
involves firing .50 caliber rounds from CV-22s at floating marker 
targets on the water surface. The .50 caliber rounds do not contain 
explosive material and, therefore, do not detonate. Flight procedures 
for CV-22 training are similar to those described for AC-130 gunnery 
training, except that CV-22 aircraft typically operate at much lower 
altitudes (100 to 1,000 feet (30.48 to 304.8 m) (AGL) than AC-130 
gunships (6,000 to 20,000 feet (1,828 to6,96 m) AGL). Like AC-130 
gunships, CV-22s are equipped with highly sophisticated electro-optical 
and infrared sensor systems that allow advanced detection capability 
during day and night. Table 4 presents information on the rounds 
planned for CV-22 training missions.

                             Table 4--Planned Rounds for CV-22 Training in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                                     Number of      Rounds per        Annual
       Net explosive weight (lb)           Detonation scenario       missions         mission        quantity
----------------------------------------------------------------------------------------------------------------
Daytime Missions:
    N/A...............................  Surface.................              25             600          15,000
Nighttime Missions:
    N/A...............................  Surface.................              25             600          15,000
                                                                 -----------------------------------------------
        Total.........................  ........................              50  ..............          30,000
----------------------------------------------------------------------------------------------------------------

    In addition to AC-130 gunnery and CV-22 training, AFSOC also 
conducts other air-to-surface training in the EGTTR using various types 
of live and inert bombs and missiles as shown in Table 5. These 
munitions are launched from various types of aircraft against small 
target boats, and they either detonate on impact with the target or at 
a programmed HOB.

                   Table 5--Planned Munitions for AFSOC Bomb and Missile Training in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive
                   Category                       weight (lb)          Detonation scenario            Annual
                                                     (kg)                                            quantity
----------------------------------------------------------------------------------------------------------------
Live Munitions:
    Missile...................................      4.58 (2.1)  HOB.............................             100
    Missile...................................     20.0 (9.07)  HOB.............................              70
    Rocket....................................       2.3 (1.0)  Surface.........................             400
    Bomb......................................   198.0 (89.8)/  Surface.........................              30
                                                 298.0 (135.1)
    Bomb......................................    151.0 (98.4)  Surface.........................              30
    Bomb......................................     37.0 (16.7)  HOB.............................              30
    Bomb......................................     36.0 (16.3)  HOB.............................              40
Inert Munitions:
    Gun Ammunition............................             N/A  N/A.............................          30,000
    Bomb......................................             N/A  N/A.............................              30
    Bomb......................................             N/A  N/A.............................              30
    Bomb......................................             N/A  N/A.............................              30
    Bomb......................................             N/A  N/A.............................              50
----------------------------------------------------------------------------------------------------------------
AFSOC = Air Force Special Operations Command; height of burst; lb = pound(s); Mk = Mark; N/A = not applicable.

96th Operations Group
    Three units under the 96th Operations Group (96 OG) plan to conduct 
missions in the EGTTR during the 2023-2030 period: the 417th Flight 
Test Squadron (417 FLTS), the 96th Operational Support Squadron (96 
OSS), and the 780th Test Squadron (780 TS).
    The 417 FLTS plans to continue conducting AC-130 systems and 
munitions testing in the EGTTR. AC-130 gunnery testing is generally 
similar to activities previously described for AFSOC AC-130 gunnery 
training.

[[Page 24064]]

    Table 6 presents information on the munitions planned for AC-130 
testing in the EGTTR during the 2023-2030 mission period.

                         Table 6--Planned Rounds for AC-130 Gunnery Testing in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive
                   Category                      weight (lb)/          Detonation scenario            Annual
                                                     (kg)                                            quantity
----------------------------------------------------------------------------------------------------------------
Live Munitions:
Missile.......................................      4.58 (2.1)  Surface.........................              10
    Missile...................................      20.0 (9.1)  Surface.........................              10
    Bomb......................................     37.0 (16.8)  Surface.........................               6
    Bomb......................................     37.0 (16.8)  Surface.........................              10
    Gun Ammunition............................       4.7 (2.1)  Surface.........................              60
    Gun Ammunition............................      0.35 (0.2)  Surface.........................              60
    Gun Ammunition............................       0.1 (0.1)  Surface.........................              99
----------------------------------------------------------------------------------------------------------------
EGTTR = Eglin Gulf Test and Training Range.

    The 96 OSS plans to conduct air-to-surface testing in the EGTTR 
using assorted live missiles and live and inert precision-guided bombs 
to support testing requirements for multiple programs. The planned 
munitions would include captive carry and munitions employment tests. 
During munition employment tests, the planned munitions would be 
launched from aircraft at various types of static and moving targets on 
the water surface. Table 7 presents information on the munitions 
planned by the 96 OSS for testing in the EGTTR.

                           Table 7--Planned Munitions for 95 OSS Testing in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive
                   Category                      weight (lb)/          Detonation scenario            Annual
                                                     (kg)                                            quantity
----------------------------------------------------------------------------------------------------------------
Live Munitions:
    Missile...................................      20.0 (9.1)  Surface.........................              36
    Missile...................................       7.9 (3.6)  HOB.............................               1
    Bomb......................................     37.0 (16.8)  Surface.........................               2
Inert Munitions:
    Bomb......................................             N/A  N/A.............................               2
    Bomb......................................             N/A  N/A.............................              10
    Bomb......................................             N/A  N/A.............................               1
----------------------------------------------------------------------------------------------------------------
EGTTR = Eglin Gulf Test and Training Range.

    The 780 TS, the Air Force Life Cycle Management Center, and the 
U.S. Navy jointly conduct some test missions in the EGTTR. These 
missions use precision-guided bombs. Some munitions would detonate at a 
HOB of approximately 5 ft (0.30 m); however, these detonations are 
assumed to occur at the surface for the impact analysis. Other 
munitions would detonate either at a HOB of approximately 7 to 14 ft 
(2.1 to 4.2 m) or upon impact with the target (surface). For 
simultaneous munition launches, two munitions would be launched from 
the same aircraft at approximately the same time to strike the same 
target. These simultaneously launched munitions would strike the target 
within approximately 5 seconds or less of each other. Such detonations 
would be considered a single event, with the associated NEW being 
doubled for a conservative impact analysis.
    Two types of targets are typically used for 780 TS tests: Container 
Express (CONEX) targets and hopper barge targets. CONEX targets 
typically consist of up to five CONEX containers strapped, braced, and 
welded together to form a single structure. A hopper barge is a common 
type of barge that cannot move itself; a typical hopper barge measures 
approximately 30 ft (9.1 m) by 12 ft (3.6 m) by 125 ft (38.1 m).
    Other 780 TS tests in the EGTTR during the 2023-2030 mission period 
may include operational testing of a third bomb munition. These tests 
may involve live and inert testing of the munition against target 
boats.
    Table 8 presents information on the munitions planned for these 780 
TS missions in the EGTTR during the 2023-2030 period.

                         Table 8--Planned Munitions for Precision Strike Weapon Missions
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive
                   Category                      weight (lb)/          Detonation scenario            Annual
                                                     (kg)                                            quantity
----------------------------------------------------------------------------------------------------------------
Live Munitions:
    Missile...................................  240.26 (108.9)  Surface.........................               2
    Bomb......................................     37.0 (16.8)  HOB/Surface.....................               2
    Bomb \a\..................................    74.0 (33.35)  HOB/Surface.....................               2
    Bomb......................................    22.84 (10.4)  HOB/Surface.....................               2
Inert Munitions:
    Missile...................................             N/A  N/A.............................               4
    Bomb......................................             N/A  N/A.............................               4

[[Page 24065]]

 
    Bomb......................................             N/A  N/A.............................               4
    Bomb......................................             N/A  N/A.............................               1
----------------------------------------------------------------------------------------------------------------
\a\ NEW is doubled for simultaneous launch.
EGTTR = Eglin Gulf Test and Training Range; lb = pound(s); N/A = not applicable.

    The 780 TS, along with the Air Force Life Cycle Management Center 
and U.S. Navy, plans to jointly conduct air-to-air missile testing in 
the EGTTR. These missions would involve the use of missiles; all 
missiles used in these tests would be inert. Table 9 presents 
information on the munitions planned for air-to-air missile testing 
missions in the EGTTR during the 2023-2030 mission period.

                  Table 9--Planned Munitions for 780 TS Air-to-Air Missile Testing in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive                                        Annual
                   Category                       weight (lb)          Detonation scenario           quantity
----------------------------------------------------------------------------------------------------------------
    Missile...................................             N/A  N/A.............................               6
    Missile...................................             N/A  N/A.............................              10
    Missile...................................             N/A  N/A.............................              15
----------------------------------------------------------------------------------------------------------------
EGTTR = Eglin Gulf Test and Training Range; lb = pound(s); N/A = not applicable.

    The 780 TS plans to test the ability of other missiles to track and 
impact moving target boats in the EGTTR as shown in Table 10. The test 
targets would be remotely controlled boats, including the 25-foot High-
Speed Maneuverable Surface Target (HSMST) (foam filled) and 41-foot 
(12.5 m) Coast Guard Utility Boat (metal hull).

                    Table 10--Planned Munitions for 780 TS Other Missile Testing in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive
                   Category                      weight (lb)/          Detonation scenario            Annual
                                                     (kg)                                            quantity
----------------------------------------------------------------------------------------------------------------
    Missile...................................    35.95 (16.3)  HOB.............................               6
    Missile...................................    27.47 (11.1)  HOB.............................               8
----------------------------------------------------------------------------------------------------------------
EGTTR = Eglin Gulf Test and Training Range; HOB = height of burst; lb = pound(s).

    The 780 TS plans to test an air-to-surface tactical missile system 
against static and moving target boats in the EGTTR. These missiles 
shown in Table 11 would target foam-filled fiberglass boats 
approximately 25 ft (7.62 m) in length that are either anchored or 
towed by a remotely controlled (HSMST).

                    Table 11--Planned Munitions for 780 TS Other Missile Testing in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive
                   Category                      weight (lb)/          Detonation scenario            Annual
                                                     (kg)                                            quantity
----------------------------------------------------------------------------------------------------------------
    Missile...................................    34.08 (14.5)  Surface.........................               3
----------------------------------------------------------------------------------------------------------------

    The 780 TS plans to conduct surface-to-air testing of missiles in 
the EGTTR. These missiles are expected to be fired from the A-15 launch 
site on Santa Rosa Island in the EGTTR. Detailed operational data for 
this testing are not yet available. Standard inventory missiles would 
be used and up to eight tests of one type and two tests of another type 
per year are planned as shown in Table 12.

                   Table 12--Planned Munitions for 780 TS Surface-to-Air Testing in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive
                   Category                      weight (lb)/          Detonation scenario            Annual
                                                     (kg)                                            quantity
----------------------------------------------------------------------------------------------------------------
Missile.......................................       \a\ 145.0  N/A (drone target)..............               8
                                                        (65.7)
Missile.......................................       \a\ 145.0  N/A (drone target)..............               2
                                                        (65.7)
----------------------------------------------------------------------------------------------------------------
\a\ Assumed for impact analysis.


[[Page 24066]]

    Hypersonic weapons are capable of traveling at least five times the 
speed of sound, referred to as Mach 5. While conventional weapons 
typically rely on explosive warheads to inflict damage on a target, 
hypersonic weapons typically rely on kinetic energy from high-velocity 
impact to inflict damage on targets. For the purpose of assessing 
impacts, the kinetic energy of a hypersonic weapon may be correlated to 
energy release in units of feet-lb or trinitrotoluene (TNT) 
equivalency.
    The 780 TS supports hypersonic weapon programs which are presented 
in Table 13.
    780 TS plans to conduct testing of one type of hypersonic missile, 
which would involve air launches through a north-south corridor within 
the EGTTR to a target location on the water surface. The dimensions and 
orientation of the test flight corridor within the EGTTR for these 
tests are to be determined; the flight corridor is expected to be 300 
to 400 nmi (555 to 740 km) in total length. Live types of missiles 
would be fired from the southern portion of the EGTTR into either the 
existing LIA or planned East LIA. Up to two live of these live missiles 
per year are planned to be tested in the EGTTR during the 2023-2030 
mission period.
    The 780 TS in coordination with the U.S. Army plans to conduct 
testing of another type of hypersonic missile in the EGTTR. Some 
testing of these missiles is expected to involve surface launches from 
the A-15 launch site on Santa Rosa Island. The dimensions and 
orientation of the test flight corridor within the EGTTR for these 
tests are to be determined; the flight corridor is expected to be 162 
to 270 nmi (300 to 500 km) in total length. For tests that involve a 
live warhead on these missiles, they would be preset to detonate at a 
specific height above the water surface (HOB/airburst) and could occur 
in any portion of the EGTTR. Any surface strikes planned with these 
live missiles would be required to be in the existing LIA or East LIA. 
Like inert of the previously mentioned missile type, inerts of this 
type could occur in any portion of the EGTTR, except between the 100-m 
and 400-m isobaths to prevent impacts to the Rice's whale.

                  Table 13--Planned Munitions for 780 TS Hypersonic Weapon Testing in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                 Net explosive
                   Category                      weight (lb)/          Detonation scenario            Annual
                                                     (kg)                                            quantity
----------------------------------------------------------------------------------------------------------------
Live Munitions:
    Hypersonic Weapon.........................         \a\ 350  Surface.........................               2
                                                       (158.7)
    Hypersonic Weapon.........................  \a\ 46 (158.7)  HOB.............................               2
Inert Munitions:
    Hypersonic Weapon.........................             N/A  N/A.............................               2
----------------------------------------------------------------------------------------------------------------
\a\ Net explosive weight at impact/detonation.

    The 780 TS, in coordination with the Air Force Research Laboratory, 
plans to conduct sink at-sea live-fire training exercises (SINKEX) 
testing in the EGTTR. SINKEX exercises would involve the sinking of 
vessels, typically 200-400 ft (61-122 m) in length, in the existing 
LIA. The types of munitions that would be used for SINKEX testing is 
controlled information and, therefore, not identified (Table 14).

                             Table 14--Planned 780 TS SINKEX Exercises in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                          Net explosive
              Type                      Category           weight (lb)      Detonation scenario  Annual quantity
----------------------------------------------------------------------------------------------------------------
SINKEX..........................  Vessel Sinking       Not Available......  Not Available......               2
                                   Exercise.
----------------------------------------------------------------------------------------------------------------

    The 780 TS plans to lead or support other types of testing in the 
EGTTR as shown in Table 15. These missions would primarily include 
testing live and inert munitions against targets on the water surface, 
such as boats and barges. Some of the tests would involve munitions 
with NEWs of up to 945 lb, which is the highest NEW associated with the 
munitions analyzed in this LOA application

                  Table 15--Planned Munitions for Other 780 Test Squadron Testing in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                      Net explosive                                                   Annual
             Category                weight (lb)/(kg)   Detonation scenario      Target type         quantity
----------------------------------------------------------------------------------------------------------------
Live Munitions:
    Bomb.........................  945 (428.5)........  Subsurface.........  TBD................          4 to 8
    Bomb.........................  945 (428.5) or less  HOB................  TBD................               2
    Bomb.........................  0.4 (0.2)..........  HOB/Surface........  Small Boat.........               4
    Bomb.........................  0.4 (0.2)..........  HOB/Surface........  Small Boat.........               4
Inert Munitions:
    Missile......................  N/A................  N/A................  TBD................               7
    Booster......................  N/A................  N/A................  TBD................               1
    Bomb.........................  N/A................  N/A................  Water Surface and                 3
                                                                              Barge.
    Torpedo......................  N/A................  N/A................  Water Surface......               2
----------------------------------------------------------------------------------------------------------------
EGTTR = Eglin Gulf Test and Training Range; HOB = height of burst; lb = pound; (N/A = not applicable; TBD = to
  be determined.


[[Page 24067]]

    The 96 OG plans to continue expanding approximately nine inert 
bombs a year in the EGTTR for testing purposes. The bombs are expected 
to be up to 2,000 lb (907 kg) in total weight. For the impact analysis, 
the bombs to be used by the 96 OG in the EGTTR during the 2023-2030 
mission period are assumed to be 2,000 lb (907 kg) General Purpose (GP) 
inert bombs (Table 16).

                   Table 16--Planned Munitions for Other 96 OG Inert Bomb Testing in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                                Net explosive      Detonation
                           Category                              weight (lb)        scenario     Annual quantity
----------------------------------------------------------------------------------------------------------------
Bomb \a\.....................................................             N/A              N/A                9
----------------------------------------------------------------------------------------------------------------
\a\ Assumed for impact analysis.
EGTTR = Eglin Gulf Test and Training Range; N/A = not applicable.

Naval School Explosive Ordnance Disposal (NAVSCOLEOD)
    NAVSCOLEOD plans to conduct training missions in the EGTTR which 
would include Countermeasures (MCM) exercises to teach NAVSCOLEOD 
students techniques for neutralizing mines underwater (Table 17). 
Underwater MCM training exercises are conducted in nearshore waters and 
primarily involve diving and placing small explosive charges adjacent 
to inert mines by hand; the detonation of such charges disables live 
mines. NAVSCOLEOD training is conducted offshore of Santa Rosa Island 
and in other locations and has not yet extended into the EGTTR. 
NAVSCOLEOD training planned for the 2023-2030 mission period would 
extend approximately 5 nmi (9.26 km) offshore of Santa Rosa Island, in 
the EGTTR. Up to 8 MCM training missions would be conducted annually in 
the EGTTR during the 2023-2030 period. Each mission would involve 4 
underwater detonations of charges hand placed adjacent to inert mines, 
for a total of 32 annual detonations. The MCM neutralization charges 
consist of C-4 explosives, detonation cord, non-electric blasting caps, 
time fuzes, and fuze igniters; each charge has a NEW of approximately 
20 lb. (9.07 kg). During each mission, with a maximum of 4 charges, 
would detonate with a delay no greater than 20 minutes between shots. 
After the final detonation, or a delay greater than 20 minutes, a 30-
minute environmental observation would be conducted. Additionally, 
NAVSCOLEOD plans to conduct up to 80 floating mine training missions, 
which would involve detonations of charges on the water surface; these 
charges would have a NEW of approximately 5 lb (2.3 kg). All NAVSCOLEOD 
missions would occur only during daylight hours.

                        Table 17--Planned Munitions for NAVSCOLEOD Training in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                            Net explosive
               Type                        Category         weight (lb)/    Detonation scenario       Annual
                                                                (kg)                                 quantity
----------------------------------------------------------------------------------------------------------------
Underwater Mine Charge............  Charge...............    \a\ 20 (9.1)  Subsurface...........              32
Floating Mine Charge..............  Charge...............     \a\ 5 (2.3)  Surface..............              80
----------------------------------------------------------------------------------------------------------------
\a\ Estimated.

Description of Stressors

    The USAF uses the EGTTR for training purposes and for testing of a 
variety of weapon systems described in this planned rule. All of the 
weapons systems considered likely to cause the take of marine mammals 
involve explosive detonations. Training and testing with these systems 
may introduce acoustic (sound) energy or shock waves from explosives 
into the environment. The following section describes explosives 
detonated at or just below the surface of the water within the EGTTR. 
Because of the complexity of analyzing sound propagation in the ocean 
environment, the USAF relied on acoustic models in its environmental 
analyses and rulemaking/LOA application that considered sound source 
characteristics and conditions across the EGTTR.
    Explosive detonations at the water surface send a shock wave and 
sound energy through the water and can release gaseous by-products, 
create an oscillating bubble, or cause a plume of water to shoot up 
from the water surface. When an air-to-surface munition impacts the 
water, some of the kinetic energy displaces water in the formation of 
an impact ``crater'' in the water, some of the kinetic energy is 
transmitted from the impact point as underwater acoustic energy in a 
pressure impulse, and the remaining kinetic energy is retained by the 
munition continuing to move through the water. Following impact, the 
warhead of a live munition detonates at or slightly below the water 
surface. The warhead detonation converts explosive material into gas, 
further displacing water through the rapid creation of a gas bubble in 
the water, and creates a much larger pressure wave than the pressure 
wave created by the impact. These impulse pressure waves radiate from 
the impact point at the speed of sound in water, roughly 1,500 m per 
second. If the detonation is sufficiently deep, the gas bubble goes 
through a series of expansions and contractions, with each cycle being 
of successively lower energy. When detonations occur below but near the 
water surface, the initial gas bubble reaches the surface and causes 
venting, which also dissipates energy through the ejection of water and 
release of detonation gasses into the atmosphere. When a detonation 
occurs below the water surface after the impact crater has fully or 
partially closed, water can be violently ejected upward by the pressure 
impulse and through venting of the gas bubble formed by the detonation.
    With radii of up to 15 m, the gas bubbles that would be generated 
by EGTTR munition detonations would be larger than the depth of 
detonation but much smaller than the water depth, so all munitions 
analyzed are considered to fully vent to the surface without forming 
underwater bubble expansion and contraction cycles. When detonations 
occur at the water surface,

[[Page 24068]]

a large portion of the energy and gasses that would otherwise form a 
detonation bubble are reflected upward from the water. Likewise, when a 
shallow detonation occurs below the water surface but prior to the 
impact crater closing, considerable energy is reflected upward from the 
water. As a conservative assumption, no energy losses from surface 
effects are included in the acoustic model.
    The impulsive pressure waves generated by munition impact and 
warhead detonation radiate spherically and are reflected between the 
water surface and the sea bottom. There is generally some attenuation 
of the pressure waves by the sea bottom but relatively little 
attenuation of the pressure waves by the water surface. As a 
conservative assumption, the water surface is assumed to be flat (no 
waves) to allow for maximum reflectivity. Additionally, is it assumed 
that all detonations occur in the water and none of the detonations 
occur above the water surface when a munition impacts a target. This 
conservative assumption implies that all munition energy is imparted to 
the water rather than the intended targets. The potential impacts of 
exposure to explosive detonations are discussed in detail in the 
Potential Effects of Specified Activities on Marine Mammals and their 
Habitat section of the notice of proposed rulemaking published in the 
Federal Register (88 FR 8146; February 7, 2023).

Comments and Responses

    We published the proposed rule in the Federal Register on February 
7, 2023 (88 FR 8146), with a 30-day comment period. With that proposed 
rule, we requested public input on our analyses, our preliminary 
findings, and the proposed regulations, and requested that interested 
persons submit relevant information and comments. During the 30-day 
comment period, we received 10 comment submissions: one from the Marine 
Mammal Commission (Commission) and nine from private citizens. NMFS has 
reviewed and considered all public comments received on the proposed 
rule and issuance of the LOA. The private citizens' comments generally 
expressed disapproval of the action due to perceived potential impact 
to the Endangered Species Act (ESA)-listed Rice's whale. Our responses 
to all comments that are pertinent to this action are described below.
    Comment 1: The Commission wrote that the proposed rule implied that 
behavioral takes were not estimated for exercises that included only 
one detonation per day. NMFS had noted that the potential for 
behavioral response from a single detonation was quantitatively 
accounted for by using the temporary threshold shift (TTS) threshold. 
Since the Commission believes that behavioral takes should be 
authorized for activities involving single detonations, it recommended 
that NMFS authorize the Level B harassment behavior takes of marine 
mammals, in addition to TTS takes, for mission-day categories J and K 
in the final rule or any LOA issued thereunder and ensure that the 
preamble to the final rule is clear regarding the fact that behavior 
takes were authorized for single-detonation missions.
    Response: NMFS inadvertently conveyed in the proposed rule that the 
potential for behavioral response for single detonations was accounted 
for within the TTS thresholds/takes (5 dB sound exposure level (SEL) 
less than the TTS threshold), which is how NMFS typically recommends 
considering behavioral harassment from single detonations. However, the 
USAF computed behavioral threshold distances and takes for Missions J 
and K (both single detonation) using the underwater acoustic model. 
These model runs were done specifically to estimate behavioral effects, 
just like other model runs were done to estimate SEL-based TTS and PTS. 
Behavioral takes were actually estimated based on the species density 
within the area exposed to sound levels from 170 dB SEL to 165 dB SEL, 
where 170 dB SEL represents the TTS threshold. This language has been 
revised and clarified in the preamble to this final rule. As a general 
matter, NMFS continues to find that take by behavioral harassment from 
single explosive detonations is unlikely to result from exposures below 
the TTS threshold; however, at Eglin Air Force Base's request, we have 
authorized these takes to provide coverage in the unlikely event they 
should occur.
    Comment 2: The Commission notes that to minimize impacts on Rice's 
whales, NMFS has prohibited the use of live-fire munitions between the 
100- and 400-m isobaths in the existing and new live impact areas 
(LIAs) and seaward of the setbacks from the 100-m isobath. The 
Commission recommended that NMFS prohibit use of live-fire munitions in 
the existing and new LIAs both within the core distribution area (CDA) 
and seaward of the setbacks from shallowest depths of the CDA.
    Response: Within the LIAs, the CDA boundaries are comprised of 
straight lines that generally track along the 100-meter isobath 
boundary. The isobath is not a straight line but meanders back and 
forth across the CDA boundary. In some areas, the CDA boundary 
traverses areas of less depth than the 100-m isobath. Rice's whale 
densities are extremely low at the 100-meter isobath boundary and would 
be statistically meaningless in shallower waters (also no Rice's whale 
or other baleanopterid has been sighted by NMFS' aerial surveys in 
waters less than 100-m depth in this area, despite extensive coverage 
out to the 200-m isobath). The setbacks from the 100-meter isobath 
range from 7.323 km (mission-day A) to 0.368 km (mission-day R) 
landward. In some portions of both LIAs, the shallowest boundary of the 
CDA covers an area that is greater than the given setback distance 
landward of the 100-meter isobath. Therefore, using the CDA boundary 
would result in additional loss of LIA area for USAF, based on the CDA 
boundary itself, which is landward of some of the current setbacks and 
based on any new setbacks from the CDA boundary, most of which would be 
greater than the current setbacks. Currently, there are no other 
suitable locations to conduct live missions in the EGTTR outside the 
existing LIA and proposed East LIA. USAF has given up significant 
amounts of area within each LIA to reduce potential Level B harassment 
to the Rice's whale to the lowest levels practicable. These setbacks 
impact all USAF EGTTR missions. Any additional loss of LIA would not be 
practicable as it would have a negative disproportionate impact on the 
ability of the USAF to conduct missions and on national security 
preparedness. Further, as indicated, such an additional setback would 
provide little, if any, additional reduction of impacts to Rice's 
whales and, accordingly, NMFS has not included this recommendation.
    Comment 3: The Commission does not believe that the USAF would be 
able to visually monitor effectively for marine mammals entering the 
mortality and injury zones, particularly during the time between when 
the smaller mission area has been cleared during pre-mission surveys 
with vessels exiting beyond the larger human safety zone (up to 13 nmi/
24 km) and the time of detonation(s) which would be a minimum of 30 
minutes. The Commission also notes that the USAF video cameras 
available to assist with visual monitoring are not always used or 
operational when intended to be used. The Commission also noted that 
due to high altitudes of aircraft used during aerial surveillance, 
effective monitoring is not possible.
    Response: NMFS disagrees with the Commission's assertions for 
several reasons. The 24 km (12.9 nmi) distance is for the largest, and 
less frequent, net-

[[Page 24069]]

explosive weight (NEW) mission days when the detonation would be 945 
lbs. This would occur on a maximum of 10 days per year. The Commission 
fails to note that the number of vessels employed would be 
proportionate to the size of the NEW used on a given mission. Up to 25 
vessels would be used on days when the largest NEWs are planned. 
Further, the vessels will continue to monitor for marine mammals in or 
approaching the smaller mitigation zone both as they move outward 
towards the human safety zone, and from the edge of the human safety 
zone--if the mission area/mitigation zone is clear when they move out 
to the human safety zone, it is unlikely that a marine mammal would 
pass by the monitors to the inner mitigation zone in the next 30 
minutes without being seen.
    NMFS notes that video cameras are planned/required for use in all 
regular situations, and might not be used in situations of unplanned 
circumstances, such as in cases of equipment malfunction. In such 
situations, the test engineer and other staff can make a decision to 
delay, cancel, or postpone a mission due to asset status (i.e., if 
video cameras are also unavailable or malfunctioning).
    Regarding the effectiveness of aerial monitoring, NMFS notes that 
the electro-optical sensors employed by the USAF were specifically 
designed to detect targets on the electromagnetic spectrum under such 
areal and altitudinal parameters. NMFS is confident in the USAF's 
ability to effectively monitor for marine mammals from aircraft and 
marine vessels.
    Comment 4: The Commission has previously recommended that the 
USAF's mitigation measures be supplemented with passive acoustic 
monitoring (PAM). As part of the previous 2018 rulemaking and issued 
LOA, NMFS required the USAF to: (1) conduct a PAM study as an initial 
step toward understanding acoustic impacts of underwater detonations, 
if funding was approved, and (2) conduct a follow-up PAM study to 
investigate marine mammal vocalizations before, during and after live 
missions in the EGTTR. The Commission recommended as part of this final 
rule that NMFS require the USAF to prioritize (1) completing both 
aspects of its PAM study and (2) further investigate ways to supplement 
its mitigation measures with the use of real-time PAM devices (i.e., 
sonobuoys or hydrophones) in any final rule issued, similar to the 
previous final rule.
    Response: The USAF conducted a single PAM study (Leidos 2020) on 
underwater detonations which was the first of the two-part condition of 
the 2018-2023 LOA. The study determined that inert underwater 
detonations were generally louder than expected. As a result of these 
findings, the USAF included analyses of impacts of inert munitions in 
the LOA application and NMFS is requiring appropriate mitigation 
measures for inert munitions.
    As of this writing, funding has been requested from near-term 
funding sources but has not yet been approved by the USAF for the 
second part of the study, which was to follow up on the results of the 
initial PAM study. NMFS and the USAF have reviewed the findings from 
the initial study and will discuss specific next steps. Furthermore, 
NMFS has included language in this final rule and the LOA requiring the 
USAF to prioritize studies to (1) follow up on the results of the 
initial PAM study by investigating marine mammal vocalizations before, 
during, and after live missions in the EGTTR, pending the availability 
of funding; and (2) investigate ways to supplement its mitigation 
measures with the use of real-time PAM devices, pending the 
availability of funding.
    The Commission recommended that NMFS and the USAF investigate the 
possible use of sonobuoys for the second part of the study. NMFS and 
the USAF appreciate the Commission's recommendations regarding possible 
use of various types of sonobuoys.
    Comment 5: The Commission recommended that NMFS require the USAF to 
implement mitigation measures for SINKEX activities that are similar to 
those required by NMFS for incidental take regulations for the U.S. 
Navy.
    Response: Below, NMFS addresses each of the specific mitigation 
measures recommended by the Commission (i.e., mitigation measures for 
SINKEX activities that are similar to those required by NMFS for U.S. 
Navy incidental take regulations.
    (1) The Commission recommended that the USAF establish two 
platforms (aerial and vessel) for conducting visual monitoring of a 
4.6-km mitigation zone from 90 minutes before the first firing.
    NMFS will require all range clearing vessels to be on site 90 
minutes before the mission to clear the prescribed human safety zone 
and survey the mitigation zone for the given mission-day category. Up 
to 25 vessels will be used depending upon the size of the NEW. Not all 
of these vessels will contain PSOs, but these will also be looking for 
marine mammals in addition to range-clearing exercises. PSOs will be 
stationed on all vessels that are required to monitor the mitigation 
zones for the given mission-day category for a minimum of 30 minutes or 
until the entirety of the mitigation zone has been surveyed, whichever 
takes longer. Furthermore, all mission-day categories require aerial-
based monitoring, assuming assets are available and when such 
monitoring does not interfere with testing and training parameters 
required by mission proponents.
    While the aerial platforms may not always be onsite 90 minutes 
before the mission, the measures required in these regulations provide 
similar equivalent protection, as the entirety of the mitigation zone 
will have been monitored by PSOs on vessels and aircraft a short time 
before the mission commences.
    (2) The Commission recommended that the USAF should conduct both 
visual monitoring from a vessel and passive acoustic monitoring of the 
mitigation zone during the exercise.
    Real-time visual monitoring from a vessel would pose a safety 
threat to both the PSO as well as crew of the vessel. All vessels must 
have exited the human safety zone prior to the commencement of SINKEX 
activities. The large size of the human safety zone means that extended 
distance from a vessel to the SINKEX target area would not allow for 
effective monitoring from a vessel. However, video-based monitoring 
will be employed during SINKEX missions, which provides real-time 
observation data for the mitigation zone.
    NMFS has engaged in multiple discussions with the USAF about the 
implementation of PAM. However, human safety concerns and the inability 
to make mission go/no-go decisions in a timely manner are the most 
immediate obstacles for the USAF implementing PAM as part of the suite 
of mitigation measures during live weapon missions in the EGTTR. For 
safety purposes during live air-to-surface missions in the EGTTR and 
during SINKEX exercises portions of the Gulf of Mexico are closed off 
to human activity. The human safety zone corresponds to the weapon 
safety footprint. The size of the closure area varies depending on the 
weapons being dropped, the type of aircraft being used, and the 
specific release parameters (direction, altitude, airspeed, etc.) 
requested by the mission group, but it always encompasses the area 
occupied by the instrumentation barge (GRATV). Typically, this 
footprint is where personnel are restricted to ranges between a 9-
nautical mile (nmi) radius up to a 12-nmi radius around the GRATV from 
the target and the GRATV that is usually within hundreds of meters of 
the target. As part of PAM, biologists generally deploy an array of 
hydrophones, listen for vocalizations

[[Page 24070]]

from a nearby boat, and use software to triangulate an animal's general 
location. The ability to execute this requires multiple hydrophones 
lined up in a carefully determined array or fence configuration with a 
trained biologist in close proximity to the hydrophones. Alternatively, 
the biologist could be stationed in a remote location but would require 
a direct line-of-sight for radio links to transmit the data from the 
hydrophones. The maximum distance that a remote link could be 
established is estimated to be about 5 nmi. This would fall inside the 
human safety zone. Therefore, real-time monitoring for marine mammal 
vocalizations during a SINKEX mission is not considered feasible for 
human safety concerns.
    The USAF is supportive of PAM and has conducted a NMFS-approved PAM 
study in 2020 to increase our understanding of acoustic impacts 
associated with underwater detonations. Given the need for additional 
research as recommended by the Commission, additional studies have been 
established as conditions of these regulations and LOA. Development, 
testing and full implementation of a real-time PAM system is not likely 
feasible during the effective period of the new LOA due to human safety 
concerns and the need for additional investigations of efficacious 
protocols. Considering all of this, the use of PAM as a real-time 
mitigation measure is not practicable at this time.
    (3) The Commission recommended that the USAF observe marine mammals 
in the vicinity of where detonations occurred for 2 hr after sinking 
the vessel or until sunset (whichever comes first).
    The post-mission survey area will be the area covered in 30 minutes 
of observation by both aerial crews and vessels in a direction down-
current from the impact site or the actual pre-mission survey area, 
whichever is reached first. PSOs must survey the mission site for any 
dead or injured marine mammals. Additionally, post-mission cleanup 
operations will recover as much target-related debris as possible from 
the water surface by hand and by using dip nets. The USAF reports that 
typical post-cleanup operations involve the use of up to 10 vessels for 
up to 2 to 3 hours depending on the size of the NEW, and personnel on 
these vessels will be instructed to report any dead or injured marine 
mammals to the Lead Biologist. NMFS is not requiring a minimum time 
limit or specifying the number of vessels that must be employed post 
mission since it is difficult, if not impossible, to predict how much 
debris will occur at or near a given SINKEX mission location. 
Furthermore, it is inefficient and costly to require multiple vessels 
primarily engaged in cleanup activities to continue monitoring for 
extended periods after cleanup is complete. For single-detonation 
SINKEX actions, the USAF has committed to survey the entirety of the 
mission area or survey for 30 minutes, whichever comes first.
    (4) The Commission recommended that any additional platforms 
supporting the primary mission activity (e.g., providing range 
clearance) must assist in visual observation of the area where 
detonations occurred.
    As noted above, up to 10 USAF support vessels primarily focused on 
collecting debris will spend several hours in the mission area 
collecting debris from damaged targets. All vessels will be instructed 
to report any dead or injured marine mammals to the Lead Biologist.
    In summary, with the exception of PAM, which NMFS concurs with the 
USAF is not practicable at this time, the USAF's required mitigation 
and monitoring measures are either similar to those employed by the 
Navy or provide comparable protection. Further, as noted, a requirement 
to investigate ways to supplement the USAF's mitigation measures with 
the use of real-time PAM devices has been included in these 
regulations. Monitoring reports under the LOA effective from 2018 
through 2021 have not recorded take of any marine mammals. Only 
bottlenose dolphins have been observed and there have not been 
sightings of whales of any species. Based on the information above, 
NMFS has determined that the mandated mitigation and monitoring 
measures required for SINKEX activities in the EGTTR effect the least 
practicable adverse impact on the affected species and their habitat. 
Therefore, NMFS is not adopting the Commission's recommendation that 
the USAF measures be changed to mirror the Navy's protocols.
    Comment 6: Several commenters wrote that the USAF should not be 
permitted to take marine mammals in the EGTTR since they are protected 
by the Marine Mammal Protection act and the Endangered Species Act; 
therefore, all activities that may harm the species are required to be 
banned.
    Response: Both the MMPA and the ESA allow for the take of marine 
mammals or ESA-listed species, respectively, provided certain findings 
are made. Further, the MMPA states that NMFS ``shall issue'' incidental 
take authorizations provided the necessary findings are made. As 
described in this final rule, NMFS' analysis supports our determination 
that the authorized takes will have a negligible impact on the affected 
species or stocks. Further, we have included required mitigation 
measures that ensure that the testing and training activities in the 
EGTTR will have the least practicable adverse impact on affected marine 
mammal species or stocks.
    Comment 7: One commenter wrote that the activities proposed by the 
USAF in the EGTTR would exacerbate threats to the Rice's whale, leading 
the species to its eventual demise. Therefore, NMFS is unable to make a 
negligible impact determination regarding the species. As such, the 
requested incidental take should not be authorized. A separate 
commenter wrote that changes in marine mammal behavior have been found 
to directly impact health, including immunological changes in marine 
mammals, making individuals more susceptible to infection and making 
populations more susceptible to disease exposure. The commenter stated 
that this level of impact could have serious repercussions for the 
species as a whole and cannot be considered negligible.
    Response: There is no evidence to support the statement that the 
USAF's planned activities in the EGTTR would lead to the extinction of 
the species. As indicated in our analysis and by the authorization of a 
low number of takes by Level B harassment (no more than 6 in any year), 
NMFS acknowledges that some level of impact, in the form of behavioral 
disturbance, is likely to occur in the Rice's whale. However, as 
required to allow for incidental take, we further determined that such 
impacts resulting from the specified activity are not reasonably 
expected to, or not reasonably likely to, adversely affect the species 
or stock through effects on annual rates of recruitment or survival 
(i.e., population-level effects). As discussed in the proposed rule and 
this final rule, NMFS made a negligible impact determination. Since 
NMFS did arrive at a negligible impact determination and satisfied the 
MMPA requirements, there are no legal grounds for prohibiting 
authorized take.
    Comment 8: One commenter wrote that testing explosives in the EGTTR 
could affect marine mammals even if they are not present since sources 
of food could be disturbed for the mammals, changing their hunting 
patterns, and disrupting the ecosystem.
    Response: The Potential Effects of Specified Activities on Marine 
Mammals and Their Habitat section of the proposed rule (88 FR 8146, 
February 7, 2023) described the potential impacts of EGTTR activities 
on marine mammal habitat and prey sources. NMFS

[[Page 24071]]

acknowledges that explosive detonations can impact both fish and 
invertebrate prey sources in manners ranging from behavioral 
disturbance to mortality for animals that are very close to the source. 
However, as described in the analysis, these impacts are expected to be 
short term and localized, and would be inconsequential to the fish and 
invertebrate populations, and to the marine mammals that use them as 
prey.
    Comment 9: One commenter mistakenly wrote that the USAF anticipated 
take resulting from Level A and Level B harassment of Rice's whales 
with authorized Level A harassment of 2 Rice's whale, permanent 
threshold shifts (PTS) of 4 individuals, temporary threshold shifts 
(TTS) of 14 individuals, and behavior disturbance of 28 individuals 
over the 7-year analysis period (NMFS 2023). The commenter further 
suggested that since the species abundance is 51 individuals, the 
anticipated take numbers are proportionally significant, particularly 
when it comes to behavioral impacts, which are anticipated to affect 
the majority of the population (56 percent) over a seven-year period.
    Response: The commenter is incorrect regarding the number of PTS 
and TTS takes. NMFS has authorized 6 takes by Level B harassment per 
year (2 by TTS and 4 behavioral harassment). NMFS does not expect and 
has not authorized take of Rice's whale by Level A harassment.
    Further, if one assumes that each of the 6 annual exposures is 
incurred by a different whale, these authorized takes affect 11.8 
percent (6/51) of the population during any given year. Importantly, 
each of those instances of take represents exposure within 1 day of the 
year. This represents low magnitude, short duration impacts to a 
relatively small portion of the total population.
    Comment 10: One commenter wrote that the Rice's whale is highly 
sensitive to any anthropogenic forces and, therefore, authorization of 
the proposed activities would result in significant impacts and violate 
section 101 of the MMPA. They wrote that it was time for NMFS to 
fulfill their duty to conserve and protect this important marine 
resource by denying the USAF's request to take Rice's whales. Another 
commenter asked if it is necessary to test these weapons in the water. 
They stated that this represents a risk to ocean life and that there 
should be other options for locations to test military weapons. Another 
commenter asked why these military testing activities must take place 
where species stocks are struggling.
    Response: NMFS acknowledges the comments and refers back to the 
response to comment 6 above. Assuming that the requirements of the MMPA 
are met, e.g., findings of negligible impact and least practicable 
adverse impact, NMFS does not have discretion as to whether it may 
issue incidental take regulations (ITRs) and LOAs under those ITRs and 
shall prescribe mitigation measures that ensure the least practicable 
adverse impact on marine mammals and their habitat as defined in the 
military readiness provisions of the MMPA.
    Comment 11: A commenter noted that the USAF entirely ignores 
potential impacts resulting from increased vessel traffic in Rice's 
whale habitat. The LOA Request details that EGTTR missions require up 
to 25 mission-support boats to establish a ``safety zone'' prior to and 
throughout the missions; as well as vessels for post-mission surveys 
and debris cleanup. For an endangered marine mammal whose primary 
habitat is already overlapping with high-traffic channels, the 
commenter wrote that recognition of the potential for vessel strikes is 
warranted.
    Response: NMFS has considered the number of vessels involved in the 
activity and the potential for vessel strike. The number of USAF 
vessels required for any given mission day category will vary depending 
on the mission-day category and the size of the NEW. The use of 25 
vessels would occur infrequently when explosives with the largest NEWs 
would be deployed, and their entire purpose would be to detect and 
minimize impacts to marine mammals. Furthermore, all USAF vessels must 
adhere to required vessel strike avoidance measures that are expected 
to avoid strikes of marine mammals. Specifically, measures require 
vessels to stay 500 m away from any sighted Rice's whale. If a baleen 
whale cannot be positively identified to species level then it must be 
assumed to be a Rice's whale and 500 m separation distance must be 
maintained. Additionally, vessels must avoid transit in the Rice's 
whale CDA and within the 100-400 m isobath zone outside the CDA. If 
transit in these areas is unavoidable, vessels must not exceed 10 knots 
and transit at night is prohibited. The LIAs themselves overlay only a 
portion of the Rice's whale CDA.
    No Air Force vessels have ever struck a whale in the EGTTR. Given 
the required vessel strike avoidance measures, the infrequency of 
vessel strikes more broadly, and the comparatively low numbers of 
vessels used in EGTTR activities, the potential for strike by a USAF 
vessel of any marine mammal is considered so low as to be discountable, 
and this is especially true for the Rice's whale, given their low 
density. NMFS does not anticipate, and has not authorized, vessel 
strike of Rice's whales or any other marine mammal.
    Comment 12: A commenter stated that the proposed regulation fails 
to provide for long-term environmental monitoring plans, and cleanup 
initiatives, in response to the contamination associated with the 
disposal of ordnance and target vessels in the sea. The commenter urged 
NMFS to expand the proposed rule to include such items. They referred 
to the Military Munitions Response Program, which addresses munitions-
related concerns, such as environmental and health hazards from 
releases of unexploded ordnance (UXO) and discarded military munitions 
(DDM), and prioritizes sites for cleanup based on risks to the 
environment.
    Response: There is no evidence that USAF activities in the EGTTR 
result in contamination from UXOs, target vessels or any other mission-
related activities. USAF post-mission cleanup procedures minimize the 
amount of mission-related debris that remains on the water surface and 
in the water column. Post-mission cleanup crews recover as much target-
related debris as possible from the water surface by hand and by using 
dip nets; typical post-cleanup operations involve the use of several 
boats for up to 2 to 3 hours. Target-related debris that is not 
recovered by cleanup crews is dispersed by ocean currents, and much of 
it is expected to eventually settle on the seafloor. Based on the 
amount of target-related debris that would be deposited into the marine 
environment, post-mission cleanup of the debris, and dispersion of the 
unrecoverable debris by ocean currents, we conclude that any associated 
impacts on marine mammal habitat would be minimal.
    After being deposited on the seafloor, debris items may become 
partially or entirely buried in sediments over time, depending on the 
item's size, shape, and density, and environmental factors such as 
sediment characteristics, water depth, and the occurrence of strong 
storms that may move sediments. Munitions that become buried deep in 
sediments may experience less corrosion because of low oxygen levels 
and may remain intact for longer periods of time. Inert munitions and 
UXO that settle on the seafloor would displace the habitat provided by 
the affected sediments to benthic epifauna and infauna but, like other 
sunken artificial structures, would also provide substrate that could 
be used as habitat by marine organisms. The

[[Page 24072]]

overall level of disturbance to marine sediments in the EGTTR from 
mission-related debris is expected to be minor based on the quantity of 
debris that would be deposited on the seafloor and the expected 
behavior of the debris in the marine environment over time. Based on 
the analysis conducted in the current EGTTR Range Environmental 
Assessment (REA) regarding metals, explosives, and other materials 
associated with EGTTR operations, USAF activities would have been 
unlikely to adversely impact water or sediment quality. The analyses of 
these potential impacts are discussed in detail in the current EGTTR 
REA (USAF 2022).
    The MMPA requires that NMFS include marine mammal monitoring and 
reporting measures that will result in increased knowledge of the 
species and of the level of taking or impacts on populations of marine 
mammals that are expected to be present while conducting the 
activities. Monitoring for EGTTR activities is described in the 
Monitoring section and requires PSOs to provide description of observed 
behaviors (in both the presence and absence of test activities), which 
will help us better understand the impacts of EGTTR activities on 
marine mammals. There are no MMPA requirements regarding wide-spread 
environmental or ecological monitoring beyond what has just been 
described. Long-term environmental monitoring and additional cleanup 
initiatives are beyond the scope of this action.
    Comment 13: One commenter was concerned that explosives compounds 
containing carcinogens and toxins can accumulate in coastal 
environments and marine organisms, which can cause sub-lethal genetic 
and metabolic effects. Furthermore, there is also a risk that chemical 
agents will be spread through the food chain.
    Response: See the response to comment 12 above.
    Comment 14: The commenter wrote that no critical habitat has been 
designated for the Rice's whale as is required under the Endangered 
Species Act. Therefore, NMFS should make designating critical habitat 
for Rice's whales a priority before approving authorizations for the 
USAF to participate in military activities that threaten the species' 
survival.
    Response: Critical habitat is defined as habitat needed to support 
recovery of species listed under the Endangered Species Act and NMFS 
Fisheries is required to determine whether there are areas that meet 
the definition of critical habitat. Currently, NMFS is working on an 
ESA rulemaking to propose designation of critical habitat for the 
Rice's whale which contains: (1) the biological information used to 
determine the specific areas containing the features essential to the 
conservation of the species requiring special management, and (2) 
consideration of the national security, economic, and other relevant 
impacts of designating critical habitat.
    The designation of critical habitat for an ESA-listed species, in 
this case the Rice's whale, is a separate action and not a prerequisite 
to fulfilling our statutory mandate under section 101(a)(5)(A) of the 
MMPA.

Changes From the Proposed Rule to the Final Rule

    This final rule includes no substantive changes from the proposed 
rule. Minor typographical errors were included in several tables in the 
proposed rule (i.e., Tables 25, 36, and 37 in the preamble and Table 1 
in the regulatory text). The values have been corrected in this final 
rule. The exposure analysis and take estimations in the proposed rule 
were based on the correct numbers so were not affected by this 
typographical error. They remain unchanged as part of this final rule.
    The preamble text in the Pre-Mission Surveys section and Sec.  
218.64(a)(1)(iii) in the proposed rule stated that ``For all live 
missions except gunnery missions, USAF PSOs must monitor the mitigation 
zones as defined in Table 2 for the given mission-day category for a 
minimum of 30 minutes or until the entirety of the mitigation zone has 
been surveyed, whichever comes first.'' This has been revised in the 
final rule to read ``. . . for a minimum of 30 minutes or until the 
entirety of the mitigation zone has been surveyed, whichever takes 
longer.'' NMFS and the USAF believe that this revision ensures that the 
entirety of all of the mitigation zones will be monitored. NMFS revised 
the language in the preamble pertaining to behavioral harassment 
thresholds for single detonations as explained in the response to 
Comment 1. Finally, NMFS will require the USAF to conduct two passive 
acoustic monitoring (PAM) studies, pending approval of funding. These 
studies are described in the response to comment 4 and have been 
included in the regulatory text in a new paragraph (f) on acoustic 
monitoring within Sec.  218.65, entitled ``Requirements for monitoring 
and reporting''.

Description of Marine Mammals in the Area of the Specified Activities

    Marine mammal species and their associated stocks that have the 
potential to occur in the project are presented in Table 18. The USAF 
anticipates the take of individuals of three marine mammal species by 
Level B harassment and two of those species by Level A harassment. The 
USAF does not request authorization for any serious injuries or 
mortalities of marine mammals, and NMFS agrees that serious injury and 
mortality is unlikely to occur from the USAF's activities.
    The proposed rule included additional information about the species 
in this rule, all of which remains valid and applicable but has not 
been reprinted in this final rule, including a subsection entitled 
Marine Mammal Hearing that described the importance of sound to marine 
mammals and characterized the different groups of marine mammals based 
on their hearing sensitivity. Therefore, we refer the reader to our 
Federal Register notice of proposed rulemaking (88 FR 8146; February 7, 
2023) for more information.
    Information on the status, distribution, abundance, population 
trends, habitat, and ecology of marine mammals in the EGTTR may be 
found in Chapter 4 of the USAF's rulemaking/LOA application. NMFS 
reviewed this information and found it to be accurate and complete. All 
stocks managed under the MMPA in this region are assessed in NMFS' 2021 
U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessment (Hayes 
et al. 2022; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports). All values 
presented in Table 18 are the most recent available at the time of 
publication and are available online at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.

[[Page 24073]]



                                    Table 18--Marine Mammals Potentially Present in the Specified Geographical Region
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            NMFS stock abundance    Potential
                                                                                         ESA/MMPA status;  (CV, Nmin, most recent  biological  Annual M/
             Common name                  Scientific name               Stock            strategic (Y/N)    abundance survey) \2\    removal     SI \3\
                                                                                               \1\                                    (PBR)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenopteridae (rorquals):
    Rice's whale \4\................  Balaenoptera ricei.....  Gulf of Mexico (GOM)...  E/D; Y             51 (0.50; 34; 2017-18)         0.1        0.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae:
    Common bottlenose dolphin.......  Tursiops 36runcates      Northern GOM             -; N               63,280 (0.11; 57,917;          556         65
                                       truncatus.               Continental Shelf.                          2018).
    Atlantic spotted dolphin........  Stenella frontalis.....  GOM....................  -; N               21,506 (0.26; 17,339;          166         36
                                                                                                            2017-18).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ ESA status: Endangered/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under
  the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be
  declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated
  under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV
  is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\3\ These values, found in NMFS' Stock Assessment Reports (SARs), represent annual levels of human-caused mortality (M) plus serious injury (SI) from
  all sources combined (e.g., commercial fisheries, ship strike). These values are generally considered minimums because, among other reasons, not all
  fisheries that could interact with a particular stock are observed and/or observer coverage is very low, and, for some stocks (such as the Atlantic
  spotted dolphin and continental shelf stock of bottlenose dolphin), no estimate for injury due to the Deepwater Horizon oil spill has been included.
  See SARs for further discussion.
\4\ The 2021 final rule refers to the Gulf of Mexico (GOM) Bryde's whale (Balaenoptera edeni). These whales were subsequently described as a new
  species, Rice's whale (Balaenoptera ricei) (Rosel et al., 2021).

    Below, we include additional information about the marine mammals 
in the area of the specified activities that informs our analysis, such 
as identifying known areas of important habitat or behaviors, or where 
Unusual Mortality Events (UME) have been designated.

Rice's Whale

    The Gulf of Mexico Bryde's whale was listed as endangered 
throughout its entire range on April 15, 2019, under the Endangered 
Species Act (ESA). Based on genetic analyses and new morphological 
information NOAA Fisheries recently revised the common and scientific 
names to recognize this new species (Balaenoptera ricei) as being 
separate from other Bryde's whale populations (86 FR 47022; August 21, 
2021). Rosel and Wilcox (2014) first identified a new, evolutionarily 
distinct lineage of whale in the Gulf of Mexico. Genetic analysis of 
whales sampled in the northeastern Gulf of Mexico revealed that this 
population is evolutionarily distinct from all other whales within the 
Bryde's whale complex and all other known balaenopteridae species 
(Rosel and Wilcox 2014).
    The Rice's whale is the only year-round resident baleen whale 
species in the Gulf of Mexico. Rosel et al. (2021) reported that based 
on a compilation of sighting and stranding data from 1992 to 2019, the 
primary habitat of the Rice's whale is the northeastern Gulf of Mexico, 
particularly the De Soto Canyon area, at water depths of 150 to 410 m.
    Biologically Important Areas (BIAs) include areas of known 
importance for reproduction, feeding, or migration, or areas where 
small and resident populations are known to occur (Van Parijs, 2015). 
Unlike ESA critical habitat, these areas are not formally designated 
pursuant to any statute or law but are a compilation of the best 
available science intended to inform impact and mitigation analyses. In 
2015, a year round small and resident population BIA for Bryde's whales 
(later designated as Rice's whales) was identified from the De Soto 
Canyon along the shelf break to the southeast (LaBrecque et al. 2015). 
The 23,559 km\2\ BIA covers waters between 100 and 300 m deep from 
approximately south of Pensacola to approximately west of Fort Myers, 
FL (LaBrecque et al. 2015). The deepest location where a Rice's whale 
has been sighted is 408 m (Rosel et al. 2021). Habitat for the Rice's 
whale is currently considered by NMFS to be primarily within the depth 
range of 100 to 400 m in this part of the Gulf of Mexico (NMFS 2016, 
2020a), and in 2019 NMFS delineated a Core Distribution Area (https://www.fisheries.noaa.gov/resource/map/rices-whale-core-distribution-area-map-gis-data) based on visual and tag data available through 2019. No 
critical habitat has yet been designated for the species, and no 
recovery plan has yet been developed.

Unusual Mortality Events (UMEs)

    An UME is defined under section 410(6) of the MMPA as a stranding 
that is unexpected; it involves a significant die-off of any marine 
mammal population and demands immediate response. There are currently 
no UMEs with ongoing investigations in the EGTTR. There was a UME for 
bottlenose dolphins that was active beginning in February 2019 and 
closing in November of the same year that included the northern Gulf of 
Mexico. Dolphins developed lesions that were thought to be caused by 
exposure to low salinity water stemming from extreme freshwater 
discharge. This UME is closed.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    We provided a detailed discussion of the potential effects of the 
specified activities on marine mammals and their habitat in our Federal 
Register notice of proposed rulemaking (88 FR 8146; February 7, 2023). 
In the Potential Effects of Specified Activities on Marine Mammals and 
Their Habitat section of the proposed rule, NMFS provided a description 
of the ways marine mammals may be affected by these activities in the 
form of sensory impairment (permanent and temporary threshold shift and 
acoustic masking), physiological responses (particularly stress 
responses), behavioral disturbance, or habitat effects. All of this 
information remains valid and applicable. Therefore, we do not reprint 
the information here but refer the reader to that document.
    Having considered the new information, along with information

[[Page 24074]]

provided in public comments on the proposed rule, we have determined 
that there is no new information that substantively affects our 
analysis of potential impacts on marine mammals and their habitat that 
appeared in the proposed rule, all of which remains applicable and 
valid for our assessment of the effects of the USAF's activities during 
the seven-year period of this rule.

Estimated Take of Marine Mammals

    This section indicates the number of takes that NMFS is proposing 
to authorize, which is based on the maximum amount that is reasonably 
likely to occur, depending on the type of take and the methods used to 
estimate it, as described in detail below. NMFS agrees that the methods 
the USAF has put forth described herein to estimate take (including the 
model, thresholds, and density estimates), and the resulting numbers 
estimated for authorization, are appropriate and based on the best 
available science.
    All takes are by harassment. For a military readiness activity, the 
MMPA defines ``harassment'' as (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). No serious injury or 
mortality of marine mammals is expected to occur.
    Authorized takes would primarily be in the form of Level B 
harassment, as use of the explosive sources may result, either directly 
or as result of TTS, in the disruption of natural behavioral patterns 
to a point where they are abandoned or significantly altered (as 
defined specifically at the beginning of this section, but referred to 
generally as behavioral disruption). There is also the potential for 
Level A harassment, in the form of auditory injury to result from 
exposure to the sound sources utilized in training and testing 
activities. As described in this Estimated Take of Marine Mammals 
section, no non-auditory injury is anticipated or authorized, nor is 
any serious injury or mortality.
    Generally speaking, for acoustic impacts NMFS estimates the amount 
and type of harassment by considering: (1) acoustic thresholds above 
which NMFS believes the best available science indicates marine mammals 
will be taken by Level B harassment or incur some degree of temporary 
or permanent hearing impairment; (2) the area or volume of water that 
will be ensonified above these levels in a day or event; (3) the 
density or occurrence of marine mammals within these ensonified areas; 
and (4) the number of days of activities or events. This analysis of 
the potential impacts of the planned activities on marine mammals was 
conducted by using the spatial density models developed by NOAA's 
Southeast Fisheries Science Center for the species in the Gulf of 
Mexico (NOAA 2022). The density model integrated visual observations 
from aerial and shipboard surveys conducted in the Gulf of Mexico from 
2003 to 2019.
    The munitions planned to be used by each military unit were grouped 
into mission-day categories so the acoustic impact analysis could be 
based on the total number of detonations conducted during a given 
mission to account for the accumulated energy from multiple detonations 
over a 24-hour period. A total of 19 mission-day categories were 
developed for the munitions planned to be used. Using the dBSea 
underwater acoustic model and associated analyses, the threshold 
distances associated with Level A harassment (PTS) and Level B (TTS and 
behavioral) harassment zones were estimated for each mission-day 
category for each marine mammal species. Takes were estimated based on 
the area of the harassment zones, predicted animal density, and annual 
number of events for each mission-day category. To assess the potential 
impacts of inert munitions on marine mammals, the planned inert 
munitions were categorized into four classes based on their impact 
energies, and the threshold distances for each class were modeled and 
calculated as described for the mission-day categories.

Acoustic Thresholds

    Using the best available science, NMFS has established acoustic 
thresholds that identify the most appropriate received level of 
underwater sound above which marine mammals exposed to these sound 
sources could be reasonably expected to directly experience a 
disruption in behavior patterns to a point where they are abandoned or 
significantly altered, to incur TTS (equated to Level B harassment), or 
to incur PTS of some degree (equated to Level A harassment). Thresholds 
have also been developed to identify the pressure levels above which 
animals may incur non-auditory injury from exposure to pressure waves 
from explosive detonation. Refer to the Criteria and Thresholds for 
U.S. Navy Acoustic and Explosive Effects Analysis (Phase III) report 
(U.S. Department of the Navy 2017c) for detailed information on how the 
criteria and thresholds were derived.
Hearing Impairment (TTS/PTS), Tissues Damage, and Mortality
    NMFS' Acoustic Technical Guidance (NMFS 2018) identifies dual 
criteria to assess auditory injury (Level A harassment) to five 
different marine mammal groups (based on hearing sensitivity) as a 
result of exposure to noise from two different types of sources 
(impulsive or non-impulsive). The Acoustic Technical Guidance also 
identifies criteria to predict TTS, which is not considered injury and 
falls into the Level B harassment category. The USAF's planned activity 
only includes the use of impulsive (explosives) sources. These 
thresholds (Table 19) were developed by compiling and synthesizing the 
best available science and soliciting input multiple times from both 
the public and peer reviewers. The references, analysis, and 
methodology used in the development of the thresholds are described in 
Acoustic Technical Guidance, which may be accessed at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
    Additionally, based on the best available science, NMFS uses the 
acoustic and pressure thresholds indicated in Table 19 to predict the 
onset of TTS, PTS, tissue damage, and mortality for explosives 
(impulsive) and other impulsive sound sources.

[[Page 24075]]



           Table 19--Onset of TTS, PTS, Tissue Damage, and Mortality Thresholds for Marine Mammals for Explosives and Other Impulsive Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Mean onset slight      Mean onset
    Functional hearing group            Species             Onset TTS            Onset PTS         gastrointestinal      slight lung       Mean onset
                                                                                                  (GI) tract injury        injury           mortality
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low-frequency cetaceans.........  Rice's whale.......  168 dB SEL           183 dB SEL           237 dB Peak SPL....  Equation 1        Equation 2.
                                                        (weighted) or 213    (weighted) or 219
                                                        dB Peak SPL.         dB Peak SPL.
Mid-frequency cetaceans.........  Dolphins...........  170 dB SEL           185 dB SEL           237 dB Peak SPL....
                                                        (weighted) or 224    (weighted) or 230
                                                        dB Peak SPL.         dB Peak SPL.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Equation 1: 47.5M\1/3\ (1 + [DRm/10.1])\1/6\ Pa-sec. Equation 2: 103M\1/3\ (1 + [DRm/10.1])\1/6\ Pa-sec. M = mass of the animals in kg; DRm =
  depth of the receiver (animal) in meters; SPL = sound pressure level.

    Refer to the Criteria and Thresholds for U.S. Navy Acoustic and 
Explosive Effects Analysis (Phase III) report (U.S. Department of the 
Navy, 2017c) for detailed information on how the criteria and 
thresholds were derived. Non-auditory injury (i.e., other than PTS) and 
mortality are so unlikely as to be discountable under normal conditions 
and are therefore not considered further in this analysis.
Behavioral Disturbance
    Though significantly driven by received level, the onset of Level B 
harassment by direct behavioral disturbance from anthropogenic noise 
exposure is also informed to varying degrees by other factors related 
to the source (e.g., frequency, predictability, duty cycle, distance), 
the environment (e.g., bathymetry), and the receiving animals (hearing, 
motivation, experience, demography, behavioral context) and can be 
difficult to predict (Ellison et al. 2011; Southall et al. 2007). Based 
on what the available science indicates and the practical need to use 
thresholds based on a factor or factors that are both predictable and 
measurable for most activities, NMFS uses generalized acoustic 
thresholds based primarily on received level (and distance in some 
cases) to estimate the onset of Level B harassment by behavioral 
disturbance.
    Explosives--Explosive thresholds for Level B harassment by 
behavioral disturbance for marine mammals are the hearing groups' TTS 
thresholds minus 5 dB (see Table 20 below for the TTS thresholds for 
explosives) for events that contain multiple impulses from explosives 
underwater. See the Criteria and Thresholds for U.S. Navy Acoustic and 
Explosive Effects Analysis (Phase III) report (U.S. Department of the 
Navy 2017c) for detailed information on how the criteria and thresholds 
were derived. NMFS continues to concur that this approach represents 
the best available science for determining behavioral disturbance of 
marine mammals from multiple explosives. While marine mammals may also 
respond to single explosive detonations, these responses are expected 
to more typically be in the form of startle reaction, rather than a 
disruption in natural behavioral patterns to the point where they are 
abandoned or significantly altered. On the rare occasion that a single 
detonation might result in a more severe behavioral response that 
qualifies as Level B harassment, it would be expected to be in response 
to a comparatively higher received level. Accordingly, NMFS considers 
the potential for these responses to be quantitatively accounted for 
through the application of the TTS threshold, which, as noted above, is 
5 dB higher than the behavioral harassment threshold for multiple 
explosives. However, the USAF computed behavioral threshold distance 
and takes for Missions J and K, which are single detonation mission day 
categories, by using the underwater acoustic model. These model runs 
were done specifically to estimate behavioral effects (just like other 
model runs were done to estimate SEL-based TTS and PTS). Behavioral 
takes were estimated based on the species density within the area 
exposed to sound levels from 170 dB to 165 dB, where 170 dB SEL is the 
threshold for TTS. While NMFS considers behavioral harassment at these 
lower levels unlikely, we have analyzed and authorized these lower-
level takes as requested by the USAF to provide coverage in the 
unlikely event they should occur.

  Table 20--Thresholds for Level B Harassment by Behavioral Disturbance
                    for Explosives for Marine Mammals
------------------------------------------------------------------------
                                                                 SEL
            Medium               Functional hearing group     (weighted)
------------------------------------------------------------------------
Underwater...................  LF                                    163
Underwater...................  MF                                    165
------------------------------------------------------------------------
Note: Weighted SEL thresholds in dB re 1 [mu]Pa\2\s underwater. LF = low-
  frequency, MF = mid-frequency, HF = high-frequency.

USAF's Acoustic Effects Model

    The USAF's Acoustic Effects Model calculates sound energy 
propagation from explosives during USAF activities in the EGTTR. The 
net explosive weight (NEW) of a munition at impact can be directly 
correlated with the energy in the impulsive pressure wave generated by 
the warhead detonation. The NEWs of munitions addressed as part of this 
final rule range from 0.1 lb (0.04 kg) for small projectiles to 945 lb 
(428.5kg) for the largest bombs. The explosive materials used in these 
munitions also vary considerably with different formulations used to 
produce different intended effects. The primary detonation metrics 
directly considered and used for modeling analysis are the peak impulse 
pressure and duration of the impulse. An integration of the pressure of 
an impulse over the duration (time) of an impulse provides a measure of 
the energy in an impulse. Some of the NEWs of certain types of 
munitions, such as missiles, are associated with the propellant used 
for the flight of the munition. This propellant NEW is unrelated to the 
NEW of the warhead, which is the primary source of explosive energy in 
most munitions. The propellant of a missile fuels the flight phase and 
is mostly consumed prior to impact. Missile propellant typically has a 
lower flame speed than warhead explosives and is relatively insensitive 
to detonation from impacts but burns readily. A warhead detonation 
provides a high-pressure, high-velocity flame front that may cause 
burning propellant to detonate; therefore, this analysis assumes that 
the unconsumed residual propellant that remains at impact contributes 
to the detonation-induced pressure impulse in the water. The impact 
analysis assumes that 20 percent of the propellant remains unconsumed 
in missiles at impact; this assumption is based on input from user 
groups and is considered a reasonable estimate for the purpose of 
analysis. The NEW associated with this unconsumed propellant is added 
to the NEW of the warhead to derive the total energy released by the 
detonation. Absent a warhead detonation, it is assumed that continued 
burning or deflagration of unconsumed residual propellant does not 
contribute to the pressure impulse

[[Page 24076]]

in the water; this applies to inert missiles that lack a warhead but 
contain propellant for flight.
    In addition to the energy associated with the detonation, energy is 
also released by the physical impact of the munition with the water. 
This kinetic energy has been calculated and incorporated into the 
estimations of munitions energy for both live and inert munitions in 
this final rule. The kinetic energy of the munition at impact is 
calculated as one half of the munition mass times the square of the 
munition velocity. The initial impact event contributing to the 
pressure impulse in water is assumed to be 1 millisecond in duration. 
To calculate the velocity (and kinetic energy) immediately after 
impact, the deceleration contributing to the pressure impulse in the 
water is assumed for all munitions to be 1,500 g-forces, or 48,300 feet 
per square second over 1 millisecond. A substantial portion of the 
change in kinetic energy at impact is dissipated as a pressure impulse 
in the water, with the remainder being dissipated through structural 
deformation of the munition, heat, displacement of water, and other 
smaller energy categories. Even with 1,500 g-forces of deceleration, 
the change in velocity over this short time period is small and is 
proportional to the impact velocity and munition mass. The impact 
energy is the portion of the kinetic energy at impact that is 
transmitted as an underwater pressure impulse, expressed in units of 
trinitrotoluene-equivalent (TNTeq). The impact energies of the planned 
live munitions were calculated and included in their total energy 
estimations. The impact energies of the inert munitions planned to be 
used were also calculated. To assess the potential impacts of inert 
munitions on marine animals, the inert munitions were categorized based 
on their impact energies into the following four classes of 2 lb (0.9 
kg), 1 lb (0.45 kg), 0.5 lb (0.22 kg), and 0.15 lb (0.07 kg) TNTeq; 
these values correspond closely to the actual or average impact energy 
values of the munitions and are rounded for the purpose of analysis. 
The 2 lb class represents the largest inert bomb, whereas the 1 lb 
class represents the largest inert missile. The inert missile has 
greater mass but lower impact energy than the bomb; this is because the 
bomb's lower velocity at impact and associated change in velocity over 
the deceleration period, which contributes to the pressure impulse. The 
0.5 lb and 0.15 lb impact energy classes each represent the approximate 
average impact energy of multiple munitions, with the 0.5 lb class 
representing munitions with mid-level energies, and the 0.15 lb class 
representing munitions with the lowest energies (Table 21).

           Table 21--Impact Energy Classes for Inert Munitions
------------------------------------------------------------------------
 Impact energy class (lb TNTeq)/  Approximate weight      Approximate
              (kg)                     (lb)/(kg)        velocity (Mach)
------------------------------------------------------------------------
2 (0.9).........................  2,000 (907).......  1.1.
1 (0.45)........................  2,250 (1020.3)....  0.9.
0.5 (0.22)......................  250 to 650 (113.4   Variable.
                                   to 294.8).
0.15 (0.07).....................  1 to 285 (0.5 to    Variable.
                                   129.2).
------------------------------------------------------------------------

    The NEW associated with the physical impact of each munition and 
the unconsumed propellant in certain munitions is added to the NEW of 
the warhead to derive the NEW at impact (NEWi) for each live munition. 
The NEWi of each munition was then used to calculate the peak pressure 
and pressure decay for each munition. This results in a more accurate 
estimate of the actual energy released by each detonation. Extensive 
research since the 1940s has shown that each explosive formulation 
produces unique correlations to explosive performance metrics. The peak 
pressure and pressure decay constant depend on the NEW, explosive 
formulation, and distance from the detonation. The peak pressure and 
duration of the impulse for each munition can be calculated empirically 
using similitude equations, with constants used in these equations 
determined from experimental data (Naval Surface Warfare Center (NSWC) 
2017). The explosive-specific similitude constants and munition-
specific NEWi were used for calculating the peak pressure and pressure 
decay for each munition analyzed. It should be noted that this analysis 
assumes that all detonations occur in the water and none of the 
detonations occur above the water surface when a munition impacts a 
target. This exceptionally conservative assumption implies that all 
munition energy is imparted to the water rather than the intended 
targets. See Appendix A in the LOA application for detailed 
explanations of similitude equations.
    The following standard metrics are used to assess underwater 
pressure and impulsive noise impacts on marine animals:
     SPL: The SPL for a given munition can be explicitly 
calculated at a radial distance using the similitude equations.
     SEL: A commercially available software package, dBSea 
(version 2.3), was used to calculate the SEL for each mission day.
     Positive Impulse: This is the time integral of the initial 
positive phase of the pressure impulse. This metric provides a measure 
of energy in the form of time-integrated pressure. Units are typically 
pascal-seconds (Pa[middot]s) or pounds per square inch (psi) per 
millisecond (msec) (psi[middot]msec). The positive impulse for a given 
munition can be explicitly calculated at a given distance using the 
similitude equations and integrating the pressure over the initial 
positive phase of the pressure impulse.
    The munition-specific peak pressure and pressure decay at various 
radii were used to determine the species-specific distance to effect 
threshold for mortality, non-auditory injury, peak pressure-induced 
permanent threshold shift (PTS) in hearing and peak pressure-induced 
temporary threshold shift (TTS) in hearing for each species. The 
munition-specific peak pressures and decays for all munitions in each 
mission-day category were used as a time-series input in the dBSea 
underwater acoustic model to determine the distance to effect for 
cumulative SEL-based (24-hour) PTS, TTS, and behavioral effects for 
each species for each mission day.
    The dBSea model was conducted using a constant sound speed profile 
(SSP) of 1500 m/s to be both representative of local conditions and to 
prevent thermocline induced refractions from distorting the analysis 
results. Salinity was assumed to be 35 parts per thousand (ppt) and pH 
was 8. The water surface was treated as smooth (no waves) to 
conservatively eliminate diffraction induced attenuation of sound. 
Currents and tidal flow were treated as zero. Energy expended on the 
target and/or on ejecting water or transfer into air was ignored and 
all

[[Page 24077]]

weapon energy was treated as going into underwater acoustic energy to 
be conservative. Finally, the bottom was treated as sand with a sound 
speed of 1650 m/s and an attenuation of 0.8 dB/wavelength.
    The harassment zone is the area or volume of ocean in which marine 
animals could be exposed to various pressure and impulsive noise levels 
generated by a surface or subsurface detonation that would result in 
mortality; non-auditory injury and PTS (Level A harassment impacts); 
and TTS and behavioral impacts (Level B harassment impacts). The 
harassment zones for the planned detonations were estimated using 
Version 2.3 of the dBSea model for cumulative SEL and using explicit 
similitude equations for SPL and positive impulse. The characteristics 
of the impulse noise at the source were calculated based on munition-
specific data including munition mass at impact, munition velocity at 
impact, NEW of warheads, explosive-specific similitude data, and 
propellant data for missiles. Table 22 presents the source-level SPLs 
(at r = 1 meter) calculated for the planned munitions.

                                 Table 22--Calculated Source SPLs for Munitions
----------------------------------------------------------------------------------------------------------------
                                                                          Peak pressure and decay values
                                                    Model NEWi   -----------------------------------------------
                Modeled explosive                    (lm)/(kg)       Pmax @1 m    SPL @1 m dB re
                                                                       (psi)           1 mPa       [Theta] msec
----------------------------------------------------------------------------------------------------------------
Tritonal........................................  241.36 (109.5)      45961.4858           290.0           0.320
Tritonal........................................    192.3 (87.2)      42101.8577           289.3           0.302
Comp B..........................................     98.3 (44.6)      37835.4932           288.3           0.200
PBXN-110........................................    36.18 (13.4)       24704.864           284.6           0.167
PBXN-110........................................        20 (9.1)      19617.2833           282.6           0.143
PBXN-110........................................     13.08 (5.9)      16630.2435           281.2           0.128
PBXN-110........................................     13.08 (5.9)      16630.2435           281.2           0.128
PBXN-9..........................................     13.08 (5.9)      17240.2131           281.5           0.124
Comp B..........................................       3.8 (1.7)      10187.8419           276.9           0.090
Comp B..........................................      4.72 (2.1)      11118.8384           277.7           0.095
Tritonal........................................     36.1 (16.4)      22074.1015           283.7           0.198
Tritonal........................................     36.1 (19.4)      22074.1015           283.7           0.198
PBXN-9..........................................      0.49 (0.2)       4757.6146           270.3           0.054
PBXN-9..........................................      0.44 (0.2)      4561.06062           270.0           0.053
Tritonal........................................    192.3 (87.2)      42101.8577           289.3           0.302
H-6.............................................      100 (45.4)      38017.3815           288.4           0.237
----------------------------------------------------------------------------------------------------------------
[thgr] = shock wave time constant; dB re 1 [mu]Pa = decibel(s) referenced to 1 micropascal; lb = pound(s); lbm =
  pound-mass; m = meter(s); mm = millimeter(s); msec = millisecond(s); NEWi = net explosive weight at impact;
  Pmax = shock wave peak pressure; psi = pound(s) per square inch; SPL = sound pressure level;

    For SEL analysis, the dBSea model was used with the ray-tracing 
option for calculating the underwater transmission of impulsive noise 
sources represented in a time series (1,000,000 samples per second) as 
calculated using similitude equations (r = 1 meter) for each munition 
for each mission day. All surface detonations are assumed to occur at a 
depth of 1 m, and all subsurface detonations, which would include 
largest bombs and subsurface mines, are assumed to occur at a depth of 
3 m. The model used bathymetry for LIA with detonations occurring at 
the center of the LIA with a water depth of 70 m. The seafloor of the 
LIA is generally sandy, so sandy bottom characteristics for 
reflectivity and attenuation were used in the dBSea model, as 
previously described. The model was used to calculate impulsive 
acoustic noise transmission on one-third octaves from 31.5 hertz to 32 
kilohertz. Maximum SELs from all depths projected to the surface were 
used for the analyses.
    The cumulative SEL is based on multiple parameters including the 
acoustic characteristics of the detonation and sound propagation loss 
in the marine environment, which is influenced by a number of 
environmental factors including water depth and seafloor properties. 
Based on integration of these parameters, the dBSea model predicts the 
distances at which each marine animal species is estimated to 
experience SELs associated with the onset of PTS, TTS, and behavioral 
disturbance. As noted previously, thresholds for the onset of TTS and 
PTS used in the model and pressure calculations are based on those 
presented in Criteria and Thresholds for U.S. Navy Acoustic and 
Explosive Effects Analysis (Phase III) (Department of the Navy (DoN) 
2017) for cetaceans with mid- to high-frequency hearing (dolphins) and 
low-frequency hearing (Rice's whale). Behavioral thresholds are set 5 
dB below the SEL-based TTS threshold. Table 23 shows calculated SPLs 
and SELs for the designated mission-day categories.

                      Table 23--Calculated Source SPLs and SELs for Mission-Day Categories
----------------------------------------------------------------------------------------------------------------
                                                                                      Source
                Mission day                   Total warhead    Modeled NEWi, lbm/   cumulative      Source peak
                                            NEW, lbm \a\ (kg)         (kg)            SEL, dB         SPL, dB
----------------------------------------------------------------------------------------------------------------
A.........................................     2402.6 (108.6)    2413.6 (1094.6)           262.1             290
B.........................................       1961 (889.3)     2029.9 (920.6)           261.4           289.3
C.........................................       1145 (519.2)     1376.2 (624.1)           259.8           288.3
D.........................................        562 (254.8)     836.22 (379.2)           257.6           288.3
E.........................................     817.88 (370.9)     997.62 (452.0)           257.1           281.5
F.........................................        584 (264.8)      584.6 (265.1)           256.2           289.3
G.........................................          191(86.6)       191.6 (86.9)           250.4           277.7

[[Page 24078]]

 
H.........................................        60.5 (24.7)        61.1 (27.7)           245.2           268.8
I.........................................         18.4 (8.3)        30.4 (13.8)           242.5           276.9
J.........................................        945 (428.6)      946.8 (429.4)           258.1           294.6
K.........................................      Not available        350 (158.7)           253.4           291.5
L.........................................     624.52 (283.2)     627.12 (284.4)           256.2             290
M.........................................        324 (146.9)      324.9 (147.3)           253.2           283.6
N.........................................      219.92 (99.7)     238.08 (107.9)             252           285.3
O.........................................          72 (36.6)      104.64 (47.5)           248.3           281.2
P.........................................          90 (40.8)       130.8 (59.3)           249.3           281.2
Q.........................................          94 (42.6)        94.4 (42.8)           247.5           277.7
R.........................................       35.12 (15.9)       35.82 (16.2)           241.7           270.3
S.........................................         130 (58.9)         130 (58.9)           249.4             283
----------------------------------------------------------------------------------------------------------------
\a\ lbm = pound-mass.

Mission-Day Categories

    The munitions planned to be used by each military unit were grouped 
into mission-day categories so the acoustic impact analysis could be 
based on the total number of detonations conducted during a given 
mission instead of each individual detonation. This analysis was done 
to account for the accumulated energy from multiple detonations over a 
24-hour period.
    The estimated number of mission days assigned to each category was 
based on historical numbers and projections provided by certain user 
groups. Although the mission-day categories may not represent the exact 
manner in which munitions would be used, they provide a conservative 
range of mission scenarios to account for accumulated energy from 
multiple detonations. It is important to note that only acoustic energy 
metrics (SEL) are affected by the accumulation of energy over a 24-hour 
period. Pressure metrics (e.g., peak SPL and positive impulse) do not 
accumulate and are based on the highest impulse pressure value within 
the 24-hour period. Based on the categories developed, the total NEWi 
per mission day would range from 2,413.6 to 30.4 lb (1,094.6 to 13.8 
kg). The highest detonation energy of any single munition used under 
the USAF's planned activities would be 945 lb (428.5 kg) NEW, which was 
also the highest NEW for a single munition in the previous LOA Request. 
The munitions having this NEW include the largest bombs.
    Note that the types of munitions that would be used for SINKEX 
testing are controlled information and, therefore, not identified in 
this LOA Request. For the purpose of analysis, SINKEX exercises are 
assigned to mission-day category J, which represents a single 
subsurface detonation of 945 lb NEW. SINKEX exercises would not exceed 
this NEW. The 2 annual SINKEX exercises are added to the other 8 annual 
missions involving subsurface detonations of these bombs, resulting in 
10 total annual missions under mission-day category J.
    As indicated in Table 24, a total of 19 mission-day categories (A 
through S) were developed as a part of this LOA application. The table 
also contains information on the number of munitions per day, number of 
mission days per year, annual quantity of munitions and the NEWi per 
mission day.

                                                                  Table 24--Mission-Day Categories for Acoustic Impact Analysis
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Munitions                             Annual     NEWi per mission
             User group              Mission-day category         Category            NEWi (lb)/kg      Detonation scenario     per day    Mission days per year    quantity     day (lb)/(kg)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
53 WEG.............................  A                     Missile...............     241.36 (109.4)  Surface...............            4  1....................            4  2,413.6 (1,095.9)
                                                           Missile...............     241.36 (109.4)  Surface...............            3  1....................            3
                                                           Missile...............     241.36 (109.4)  Surface...............            3  1....................            3
                                     B                     Bomb (Mk-82)..........       192.3 (87.2)  Surface...............            4  1....................            4    2,029.9 (920.5)
                                                           Bomb (Mk-82)..........       192.3 (87.2)  Surface...............            4  1....................            4
                                                           Missile...............        98.3 (44.6)  Surface...............            5  1....................            5
                                     C                     Missile...............        98.3 (44.6)  Surface...............            5  1....................            5    1,376.2 (624.1)
                                                           Missile...............        98.3 (44.6)  Surface...............            5  1....................            5
                                                           Missile...............        98.3 (44.6)  Surface...............            4  1....................            4
                                     D                     Missile...............        98.3 (44.6)  Surface...............            5  1....................            5     836.22 (379.2)
                                                           Missile...............       36.18 (16.4)  Surface...............            4  1....................            4
                                                           Missile...............           20 (9.1)  Surface...............           10  1....................           10
                                     E                     Missile...............        13.08 (5.9)  Surface...............            4  1....................            4     997.62 (452.4)
                                                           Missile...............        13.08 (5.9)  Surface...............            4  1....................            4
                                                           Missile...............        13.08 (5.9)  Surface...............            4  1....................            4
                                                           Missile...............        13.08 (5.9)  Surface...............            4  1....................            4
                                                           Missile...............        13.08 (5.9)  Surface...............            4  1....................            4
                                                           Missile...............        13.08 (5.9)  Surface...............            4  1....................            4
                                                           Rocket................          3.8 (1.7)  Surface...............           12  1....................           12
                                                           Missile...............        13.08 (5.9)  Surface...............            4  1....................            4
                                                           Gun Ammunition........         4.72 (2.1)  Surface...............          100  1....................          100
                                                           Bomb..................        36.1 (13.3)  Surface...............            2  1....................            2
                                                           Bomb..................        36.1 (16.3)  Surface...............            4  1....................            4
                                                           Missile...............              \a\ 0  Surface...............            2  1....................            2
                                                           Missile...............              \a\ 0  Surface...............            2  1....................            2
                                                           Missile...............              \a\ 0  Surface...............            2  1....................            2
                                                           Missile...............              \a\ 0  Surface...............            2  1....................            2
                                                           Bomb..................         0.49 (0.2)  Surface...............            4  1....................            4

[[Page 24079]]

 
                                                           Bomb..................         0.44 (0.2)  Surface...............            8  1....................            8
AFSOC..............................  F                     Bomb (Mk-82)..........       192.3 (87.2)  Surface...............            2  15...................           30       584.6 (263.1
                                                           Bomb..................         100 (45.3)  Surface...............            2  15...................           30
AFSOC..............................  G                     Gun Ammunition........         4.72 (2.1)  Surface...............           30  25 (daytime).........          750       191.6 (86.8)
                                                           Gun Ammunition........         0.1 (0.01)  Surface...............          500                              12,500
                                     H                     Gun Ammunition........         0.37 (0.2)  Surface...............           30  45 (nighttime).......        1,350        61.1 (27.7)
                                                           Gun Ammunition........         0.1 (0.01)  Surface...............          500                              22,500
                                     I                     Rocket................          3.8 (1.7)  Surface...............            8  50...................          400        30.4 (13.8)
96 OG..............................  J                     Bomb (Mk-84)..........      946.8 (429.4)  Subsurface............            1  \b\ 10...............       \b\ 10      946.8 (429.4)
                                     K                     Hypersonic Weapon.....        350 (158.7)  Surface...............            1  2....................            2        350 (158.7)
                                     L                     Missile...............     241.36 (109.4)  Surface...............            2  1....................            2     627.12 (284.3)
                                                           Bomb..................    \c\ 72.2 (32.7)  Surface...............            2  1....................            2
                                     M                     Bomb..................         36.1 13.3)  Surface...............            4  2....................            8      324.9 (147.3)
                                                           Bomb..................        36.1 (16.3)  Surface...............            5  2....................           10
                                     N                     Bomb..................        36.1 (16.3)  Surface...............            2  1....................            2     238.08 (107.9)
                                                           Missile...............          40 (18.1)  Surface...............            3  1....................            3
                                                           Bomb..................       22.94 (10.4)  Surface...............            2  1....................            2
                                     O                     Missile...............        13.08 (5.9)  Surface...............            8  4....................           36      104.64 (47.5)
                                     P                     Missile...............        13.08 (5.9)  Surface...............            5  2....................           10       130.8 (59.3)
                                                           Missile...............        13.08 (5.9)  Surface...............            5  2....................           10
                                     Q                     Gun Ammunition........         4.72 (2.1)  Surface...............           20  3....................           60        94.4 (42.8)
                                     R                     Bomb..................         0.49 (0.2)  Surface...............            4  1....................            4       35.82 (16.2)
                                                           Bomb..................         0.44 (0.2)  Surface...............            4  1....................            4
                                                           Gun Ammunition........         0.37 (0.2)  Surface...............           60  1....................           60
                                                           Gun Ammunition........         0.1 (0.01)  Surface...............           99  1....................           99
NAVSCOLEOD.........................  S                     Charge................      \d\ 20 (9.07)  Subsurface............            4  8....................           32         130 (58.9)
                                                           Charge................        \d\ 5 (2.3)  Surface...............           10  8....................           80
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Warhead replaced by FTS/TM. Identified NEW is for the FTS.
\b\ Includes 2 SINKEX exercises.
\c\ NEW is doubled for simultaneous launch.
\d\ Estimated.

Marine Mammal Density

    Densities of the common bottlenose dolphin, Atlantic spotted 
dolphin, and Rice's whale in the study area are based on habitat-based 
density models and spatial density models developed by the NOAA 
Southeast Fisheries Science Center for the species in the Gulf of 
Mexico (NOAA 2022). The density models, herein referred to as the NOAA 
model, integrated visual observations from aerial and shipboard surveys 
conducted in the Gulf of Mexico from 2003 to 2019.
    The NOAA model was used to predict the average density of the 
common bottlenose dolphin and Atlantic spotted dolphin in the existing 
LIA and planned East LIA. The model generates densities for hexagon-
shaped raster grids that are 40 square kilometers (km\2\). The average 
annual density of each dolphin species in the existing LIA and East LIA 
was computed in a geographic information system (GIS) based on the 
densities of the raster grids within the boundaries of each LIA. To 
account for portions of the grids outside of the LIA, the species 
density value of each grid was area-weighted based on the respective 
area of the grid within the LIA. For example, the density of a grid 
that is 70 percent within the LIA would be weighted to reflect only the 
70 percent grid area, which contributes to the average density of the 
entire LIA. The density of the 30 percent grid area outside the LIA 
does not contribute to the average LIA density, so it is not included 
in the estimation. The resulting area-weighted densities of all the 
grids were summed to determine the average annual density of each 
dolphin species within each LIA. The densities of dolphins estimated 
are presented in Table 25.

 Table 25--Predicted Dolphin Densities in the Existing LIA and New East
                                   LIA
------------------------------------------------------------------------
                                           Density estimate (animals per
                                                    km\2\) \a\
                 Species                 -------------------------------
                                           Existing LIA      East LIA
------------------------------------------------------------------------
Atlantic spotted dolphin................           0.032           0.038
Common bottlenose dolphin...............           0.261           0.317
------------------------------------------------------------------------
\a\ Estimated average density within LIA based on spatial density model
  developed by NOAA (2022).

    The NOAA model was used to determine Rice's whale density in the 
exposure analysis conducted for the Rice's whale in this LOA Request. 
Areas of Rice's whale exposure to pressure and impulsive noise from 
munitions use, predicted by underwater acoustic modeling and quantified 
by GIS analysis, were coupled with the associated modeled grid 
densities from the NOAA model to estimate abundance of affected 
animals.

Take Estimation

    The distances from the live ammunition detonation point that 
correspond to the various effect thresholds described previously are 
referred to as threshold distances. The threshold distances were 
calculated using dBSea for each mission-day category for each marine 
mammal species. The model was run assuming that the detonation point is 
at the center

[[Page 24080]]

of the existing LIA, the SEL threshold distances are the same for the 
East LIA, and all missions are conducted in either the existing LIA or 
East LIA. Model outputs for the two LIAs are statistically the same as 
a result of similarities in water depths, sea bottom profiles, water 
temperatures, and other environmental characteristics. Tables 26, 27, 
and 28 present the threshold distances estimated for the dolphins and 
Rice's whale, respectively, for live missions in the existing LIA.
    The threshold distances were used to calculate the harassment zones 
for each effect threshold for each species. The thresholds resemble 
concentric circles, with the most severe (mortality) being closest to 
the center (detonation point) and the least severe (behavioral 
disturbance) being farthest from the center. The areas encompassed by 
the concentric thresholds are the impact areas associated with the 
applicable criteria. To prevent double counting of animals, areas 
associated with higher-impact criteria were subtracted from areas 
associated with lower-impact criteria. To estimate the number of 
animals potentially exposed to the various thresholds within the 
harassment zone, the adjusted impact area was multiplied by the 
predicted animal density and the annual number of events for each 
mission-day category. The results were rounded at the annual mission-
day level and then summed for each criterion to estimate the total 
annual take numbers for each species. For impulse and SPL metrics, a 
take is considered to occur if the received level is equal to or above 
the associated threshold. For SEL metrics, a take is considered to 
occur if the received level is equal to or above the associated 
threshold within the appropriate frequency band of the sound received, 
adjusted for the appropriate weighting function value of that frequency 
band. For impact categories with multiple criteria (e.g., non-auditory 
injury and PTS for Level A harassment) and criteria with two thresholds 
(e.g., SEL and SPL for PTS), the criterion and/or threshold that 
yielded the higher exposure estimate was used. Threshold distances for 
dolphins are shown in Table 26 and 27, while Table 28 contains 
threshold distances for Rice's whale.

                                           Table 26--Bottlenose Dolphin Threshold Distances (in km) for Live Missions in the Existing Live Impact Area
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Mortality                          Level A harassment                                      Level B harassment
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                                                                                    Slight lung      GI tract                   PTS                             TTS               Behavioral \a\
                                                                                      injury          injury     -------------------------------------------------------------------------------
                                                                     Positive    --------------------------------
                      Mission-day category                          impulse B:       Positive
                                                                       248.4        impulse B:
                                                                    Pa[middot]s        114.5       Peak SPL 237    Weighted SEL    Peak SPL 230    Weighted SEL    Peak SPL 224    Weighted SEL
                                                                     AS: 197.1      Pa[middot]s         dB            185 dB            dB            170 dB            dB            165 dB
                                                                    Pa[middot]s      AS: 90.9
                                                                                    Pa[middot]s
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Bottlenose Dolphin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A...............................................................           0.139           0.276           0.194           0.562           0.389            5.59           0.706           9.538
B...............................................................           0.128           0.254           0.180           0.581           0.361           5.215           0.655           8.937
C...............................................................           0.100           0.199           0.144           0.543           0.289           4.459           0.524           7.568
D...............................................................           0.100           0.199           0.144           0.471           0.289           3.251           0.524           5.664
E...............................................................           0.068           0.136           0.103           0.479           0.207           3.272           0.377            5.88
F...............................................................           0.128           0.254           0.180           0.352           0.362           2.338           0.655           4.596
G...............................................................           0.027           0.054           0.048           0.274           0.093           1.095           0.165           2.488
H...............................................................           0.010           0.019           0.021           0.225           0.040           0.809           0.071           1.409
I...............................................................           0.025           0.049           0.045           0.136           0.087           0.536           0.154           0.918
J...............................................................           0.228           0.449           0.306           0.678           0.615           3.458           1.115           6.193
K...............................................................           0.158           0.313           0.222           0.258           0.445           1.263           0.808           2.663
L...............................................................           0.139           0.276           0.194           0.347           0.389            2.35           0.706           4.656
M...............................................................           0.068           0.136           0.103           0.286           0.207           1.446           0.377           3.508
N...............................................................           0.073           0.145           0.113            0.25           0.225           1.432           0.404           2.935
O...............................................................           0.046           0.092           0.078           0.185           0.155           0.795           0.278           1.878
P...............................................................           0.046           0.092           0.078           0.204           0.155           0.907           0.278           2.172
Q...............................................................           0.027           0.054           0.048           0.247           0.093           0.931           0.165           1.563
R...............................................................           0.012           0.024           0.026           0.139           0.052           0.537           0.093            0.91
S...............................................................           0.053           0.104           0.084           0.429           0.164           1.699           0.294           2.872
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Behavioral threshold for multiple detonations assumes TTS threshold minus 5 dB.


                                        Table 27--Atlantic Spotted Dolphin Threshold Distances (in km) for Live Missions in the Existing Live Impact Area
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Mortality                          Level A harassment                                      Level B harassment
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                                                                                    Slight lung      GI tract                   PTS                             TTS               Behavioral \a\
                                                                                      injury          injury     -------------------------------------------------------------------------------
                                                                     Positive    --------------------------------
                      Mission-day category                          impulse B:       Positive
                                                                       248.4        impulse B:
                                                                    Pa[middot]s        114.5       Peak SPL 237    Weighted SEL    Peak SPL 230    Weighted SEL    Peak SPL 224    Weighted SEL
                                                                     AS: 197.1      Pa[middot]s         dB            185 dB            dB            170 dB            dB            165 dB
                                                                    Pa[middot]s      AS: 90.9
                                                                                    Pa[middot]s
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Atlantic Spotted Dolphin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A...............................................................           0.171           0.338           0.194           0.562           0.389            5.59           0.706           9.538
B...............................................................           0.157           0.311           0.180           0.581           0.361           5.215           0.655           8.937
C...............................................................           0.123           0.244           0.144           0.543           0.289           4.459           0.524           7.568
D...............................................................           0.123           0.244           0.144           0.471           0.289           3.251           0.524           5.664
E...............................................................           0.084           0.168           0.103           0.479           0.207           3.272           0.377            5.88
F...............................................................           0.157           0.312           0.180           0.352           0.362           2.338           0.655           4.596
G...............................................................           0.033           0.066           0.048           0.274           0.093           1.095           0.165           2.488
H...............................................................           0.012           0.023           0.021           0.225           0.040           0.809           0.071           1.409
I...............................................................           0.030           0.060           0.045           0.136           0.087           0.536           0.154           0.918

[[Page 24081]]

 
J...............................................................           0.279           0.550           0.306           0.678           0.615           3.458           1.115           6.193
K...............................................................           0.194           0.384           0.222           0.258           0.445           1.263           0.808           2.663
L...............................................................           0.171           0.338           0.194           0.347           0.389            2.35           0.706           4.656
M...............................................................           0.084           0.168           0.103           0.286           0.207           1.446           0.377           3.508
N...............................................................           0.090           0.179           0.113            0.25           0.225           1.432           0.404           2.935
O...............................................................           0.057           0.113           0.078           0.185           0.155           0.795           0.278           1.878
P...............................................................           0.057           0.113           0.078           0.204           0.155           0.907           0.278           2.172
Q...............................................................           0.033           0.066           0.048           0.247           0.093           0.931           0.165           1.563
R...............................................................           0.015           0.030           0.026           0.139           0.052           0.537           0.093            0.91
S...............................................................           0.065           0.128           0.084           0.429           0.164           1.699           0.294           2.872
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Behavioral threshold for multiple detonations assumes TTS threshold minus 5 dB.


                                              Table 28--Rice's Whale Threshold Distances (in km) for Live Missions in the Existing Live Impact Area
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Mortality                          Level A harassment                                      Level B harassment
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                                                                                    Slight lung      GI tract                   PTS                             TTS               Behavioral \a\
                                                                                      injury          injury     -------------------------------------------------------------------------------
                                                                     Positive    --------------------------------
                      Mission-day category                          impulse B:       Positive
                                                                       248.4        impulse B:
                                                                    Pa[middot]s        114.5       Peak SPL 237    Weighted SEL    Peak SPL 230    Weighted SEL    Peak SPL 224    Weighted SEL
                                                                     AS: 197.1      Pa[middot]s         dB            185 dB            dB            170 dB            dB            165 dB
                                                                    Pa[middot]s      AS: 90.9
                                                                                    Pa[middot]s
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A...............................................................           0.044           0.088           0.194           5.695           1.170          21.435           2.120          27.923
B...............................................................           0.041            0.81           0.180           5.253           1.076          20.641           1.955          26.845
C...............................................................           0.031           0.063           0.144           4.332           0.861          18.772           1.562          24.526
D...............................................................           0.031           0.063           0.144           2.979           0.861          16.419           1.562          21.579
E...............................................................           0.021           0.043           0.103           2.323           0.617          15.814           1.121           21.22
F...............................................................           0.041           0.081           0.180           2.208           1.076          14.403           1.955          19.439
G...............................................................           0.009           0.017           0.048           0.494           0.266           7.532           0.470           12.92
H...............................................................           0.003           0.006           0.021           0.401           0.114           3.624           0.201           7.065
I...............................................................           0.008           0.016           0.045           0.305           0.247            2.95           0.437           6.059
J...............................................................           0.073           0.145           0.306           4.487           1.830          13.216           3.323           16.88
K...............................................................           0.050           0.100           0.222           0.831           1.320           7.723           2.393          11.809
L...............................................................           0.044           0.088           0.194           2.325           1.170          15.216           2.120          20.319
M...............................................................           0.021           0.043           0.103           1.304           0.617          11.582           1.121          16.688
N...............................................................           0.023           0.046           0.113           1.026           0.658           9.904           1.183          14.859
O...............................................................           0.015           0.029           0.078           0.611           0.460           6.926           0.832          11.159
P...............................................................           0.014           0.029           0.078           0.671           0.460           7.841           0.832          12.307
Q...............................................................           0.009           0.017           0.048           0.549           0.266           6.299           0.470          10.393
R...............................................................           0.004           0.008           0.026           0.283           0.152           2.383           0.273            5.06
S...............................................................           0.017           0.034           0.084           0.938           0.473           8.676           0.843          12.874
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Behavioral threshold for multiple detonations assumes TTS threshold minus 5 dB.

    As discussed previously and shown in Table 21, a portion of the 
kinetic energy released by an inert munition at impact is transmitted 
as underwater acoustic energy in a pressure impulse. The planned inert 
munitions were categorized into four classes based on their impact 
energies to assess the potential impacts of inert munitions on marine 
mammals. The threshold distances for each class were modeled and 
calculated as described for the mission-day categories. Table 29 
presents the impact energy classes developed for the inert munitions. 
The four impact energy classes represent the entire suite of inert 
munitions planned to be used in the EGTTR during the next mission 
period. The impact energy is the portion of the kinetic energy at 
impact that is transmitted as an underwater pressure impulse, expressed 
in units of TNT-equivalent (TNTeq). Tables 29 and 30 present the 
threshold distances estimated for the dolphins and Rice's whale, 
respectively, for inert munitions in the existing LIA.

[[Page 24082]]



                                               Table 29--Dolphin Threshold Distances (in km) for Inert Munitions in the Existing Live Impact Area
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Mortality                          Level A harassment                                      Level B harassment
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                                                                                    Slight lung      GI tract                   PTS                             TTS               Behavioral \a\
                                                                                      injury          injury     -------------------------------------------------------------------------------
                                                                     Positive    --------------------------------
                  Inert impact class (lb TNTeq)                     impulse B:       Positive
                                                                       248.4        impulse B:
                                                                    Pa[middot]s        114.5       Peak SPL 237    Weighted SEL    Peak SPL 230    Weighted SEL    Peak SPL 224    Weighted SEL
                                                                     AS: 197.1      Pa[middot]s         dB            185 dB            dB            170 dB            dB            165 dB
                                                                    Pa[middot]s      AS: 90.9
                                                                                    Pa[middot]s
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Bottlenose Dolphin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2...............................................................           0.020           0.041           0.040           0.030           0.080           0.205           0.145           0.327
1...............................................................           0.015           0.031           0.032           0.025           0.063           0.134           0.114           0.250
0.5.............................................................           0.012           0.023           0.025           0.015           0.050           0.119           0.091           0.198
0.15............................................................           0.008           0.015           0.017           0.009           0.034           0.061           0.061           0.119
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Atlantic Spotted Dolphin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2...............................................................           0.025           0.051           0.040           0.030           0.080           0.205           0.145           0.327
1...............................................................           0.019           0.038           0.032           0.025           0.063           0.134           0.114           0.250
0.5.............................................................           0.014           0.029           0.025           0.015           0.050           0.119           0.091           0.198
0.15............................................................           0.009           0.018           0.017           0.009           0.034           0.061           0.061           0.119
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Behavioral threshold for multiple detonations assumes TTS threshold minus 5 dB.


                                             Table 30--Rice's Whale Threshold Distances (in km) for Inert Munitions in the Existing Live Impact Area
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Mortality                          Level A harassment                                      Level B harassment
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                                                                                    Slight lung      GI tract                   PTS                             TTS               Behavioral \a\
                                                                                      injury          injury     -------------------------------------------------------------------------------
                  Inert impact class (lb TNTeq)                      Positive    --------------------------------
                                                                   impulse 906.2     Positive                      Weighted SEL    Peak SPL 219    Weighted SEL    Peak SPL 213    Weighted SEL
                                                                    Pa[middot]s    impulse 417.9   Peak SPL 237       183 dB            dB            168 dB            dB            163 dB
                                                                                    Pa[middot]s         dB
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2...............................................................           0.006           0.013           0.040           0.151           0.238           0.474           0.430           0.884
1...............................................................           0.005           0.010           0.032           0.110           0.188           0.327           0.340           0.542
0.5.............................................................           0.004           0.007           0.025           0.055           0.149           0.261           0.270           0.521
0.15............................................................           0.002           0.005           0.017           0.026           0.100           0.154           0.181           0.284
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Behavioral threshold for multiple detonations assumes TTS threshold minus 5 dB.

Dolphin Species

    Estimated takes for dolphins are based on the area of the Level A 
and Level B harassment zones, predicted dolphin density, and annual 
number of events for each mission-day category. As previously 
discussed, take estimates for dolphins are based on the average yearly 
density of each dolphin species in each LIA. To estimate the takes of 
each dolphin species in both LIAs collectively, the take estimates for 
each LIA were weighted based on the expected usage of each LIA over the 
7-year mission period. This information was provided by the user 
groups. Ninety percent of the total missions are expected to be 
conducted in the existing LIA and 10 percent are expected to be 
conducted in the East LIA. Therefore, total estimated takes are the sum 
of 90 percent of the takes in the existing LIA and 10 percent of the 
takes in the East LIA. Should the usage ratio change substantially in 
the future, USAF would re-evaluate the exposure estimates and 
reinitiate consultation with NMFS to determine whether the take 
estimations need to be adjusted.

              Table 31--Calculated Annual Exposures of Dolphins Under the USAF's Planned Activities
----------------------------------------------------------------------------------------------------------------
                                                        Level A harassment              Level B harassment
                                     Mortality   ---------------------------------------------------------------
                                                    Injury \a\          PTS             TTS         Behavioral
----------------------------------------------------------------------------------------------------------------
                                               Bottlenose Dolphin
----------------------------------------------------------------------------------------------------------------
Missions at Existing LIA........            0.74            2.14            9.25           312.7           799.7
Missions at East LIA............            0.89             2.6           11.24          379.79          971.29
90 Percent of Existing LIA                  0.66            1.92            8.33           281.4          719.73
 Missions.......................
10 Percent of East LIA Missions.            0.09            0.26            1.12           37.98           97.13
                                 -------------------------------------------------------------------------------
    Total.......................            0.75            2.18            9.45          319.14          816.86
        Total Takes Requested...               0               0               9             319             817
----------------------------------------------------------------------------------------------------------------
                                            Atlantic Spotted Dolphin
----------------------------------------------------------------------------------------------------------------
Missions at Existing LIA........            0.14            0.39            0.96           38.34           98.05
Missions at East LIA............            0.16            0.47            1.14           45.53          116.43
90 Percent of Existing LIA                  0.12            0.36            0.86           34.50           88.24
 Missions.......................
10 Percent of East LIA Missions.            0.02            0.05            0.11            4.55           11.64
                                 -------------------------------------------------------------------------------

[[Page 24083]]

 
    Total.......................            0.14             0.4            0.98           39.06           99.89
                                 -------------------------------------------------------------------------------
        Total Takes.............               0               0               1              39             100
----------------------------------------------------------------------------------------------------------------
\a\ Slight lung and/or gastrointestinal tract injury.

    The annual exposures of dolphins requested by the USAF and 
authorized by NMFS are presented in Table 31. As indicated, a total of 
9 Level A harassment takes and 1,136 Level B harassment takes of the 
common bottlenose dolphin, and 1 Level A harassment takes and 139 Level 
B harassment takes of the Atlantic spotted dolphin are requested 
annually for EGTTR operations during the next 7-year mission period. 
The presented takes are overestimates of actual exposure based on the 
conservative assumption that all planned detonations would occur at or 
just below the water surface instead of a portion occurring upon impact 
with targets.
    Based on the best available science, the USAF (in coordination with 
NMFS) used the acoustic and pressure thresholds indicated in Tables 25-
29 to predict the onset of tissue damage and mortality for explosives 
(impulsive) and other impulsive sound sources for inert and live 
munitions in both the existing LIA and East LIA. The mortality takes 
calculated for the bottlenose dolphin (0.75) and Atlantic spotted 
dolphin (0.14) are both less than one animal. Mortality for Rice's 
whale is zero. Therefore, and in consideration of the required 
mitigation measures, no mortality takes are requested for either 
dolphin species or Rice's whale. The non-auditory injury takes are 
calculated to be 2.18 and 0.40 for the bottlenose dolphin and Atlantic 
spotted dolphin, respectively. However, these (and the take estimates 
for the other effect thresholds) are the sum of the respective takes 
for all 19 mission-day categories. Each individual mission-day category 
results in a fraction of a non-auditory injury take. Given the required 
mitigation, adding up all the fractional takes in this manner would 
likely result in an over-estimate of take. Calculated non-auditory 
injury for the Rice's whale is zero.
    The mitigation measures associated with explosives are expected to 
be effective in preventing mortality and non-auditory tissue damage to 
any potentially affected species. All of the calculated distances to 
mortality or non-auditory injury thresholds are less than 400 m. The 
USAF would be required to employ trained PSOs to monitor the mitigation 
zones based on the mission-day activities. The mitigation zone is 
defined as double the threshold distance at which Level A harassment 
exposures in the form of PTS could occur (also referred to below as 
``double the Level A PTS threshold distance''). During pre-monitoring 
PSOs would be required to postpone or cancel operations if animals are 
found in these zones. Protected species monitoring would be vessel-
based, aerial-based or remote video-based depending on the mission-day 
activities. The USAF would also be required to conduct testing and 
training exercises beyond setback distances shown in Table 32. These 
setback distances would start from the 100-m isobath, which is 
approximately the shallowest depth where the Rice's whale has been 
observed. The setback distances are based on the PTS threshold 
calculated for the Rice's whale depending on the mission-day activity. 
Also, all gunnery missions must take place 500 m landward of the 100-m 
isopleth to avoid impacts to the Rice's whale. When these mitigation 
measures are considered in combination with the modeled exposure 
results, no species are anticipated to incur mortality or non-auditory 
tissue damage during the period of this rule.
    Based on the conservative assumptions applied to the impact 
analysis and the pre-mission surveys conducted for dolphins, which 
extend out to, at a minimum, twice the PTS threshold distance that 
applies to both dolphin species (185 dB SEL), NMFS has determined that 
no mortality or non-auditory injury takes are expected and none are 
authorized for EGTTR operations.

Rice's Whale

    Figure 6-2 in the LOA application shows the estimated Rice's whale 
threshold distances and associated harassment zones for mission-day 
category A, J, and P and use of a 2 lb class inert munition at the 
location where the GRATV is typically anchored in the existing LIA. As 
indicated on Figure 6-2, portions of the behavioral harassment zone of 
mission-day categories A and J extend into Rice's whale habitat, 
whereas the monitoring zones for mission-day category P and the largest 
inert munition are entirely outside Rice's whale habitat. The 
monitoring zone is defined as the area between double the Level A 
harassment mitigation zone and the human safety zone perimeter. As 
previously discussed, the spatial density model developed by NOAA 
(2022) for the Rice's whale was used to predict Rice's whale density 
for the purpose of estimating takes. The NOAA model generates densities 
for hexagon-shaped raster grids that are 40 km\2\. The specific areas 
of the raster grids within each of the Level A and Level B harassment 
zones were computed in GIS and coupled with their respective modeled 
densities to estimate the number of animals that would be exposed.
    Figure 6-3 in the LOA application shows the harassment zones of 
mission-day category A at the current GRATV anchoring site. As shown, 
portions of the mitigation zones (TTS and behavioral disturbance) are 
within grids of modeled density greater than zero individuals per 40 
km\2\. However, the modeled densities in these areas are small and 
reflect higher occurrence probability for the Rice's whale farther to 
the southwest, outside the LIA. To estimate annual takes, the number of 
animals in all model grids within each mitigation, monitoring zone, and 
Level B harassment (behavioral) zone for all mission-day categories, 
except gunnery missions (G and H), were computed using the densities 
from the NOAA model (2022) model and the impact areas calculated in 
GIS. The modeled densities and the associated areas were multiplied 
together to estimate abundance within each mitigation, monitoring, and 
Level B harassment zone. The resulting abundance estimates were summed 
together and then multiplied by the number of annual missions planned 
to estimate annual takes. These calculations resulted in a total of 
0.04 annual TTS take and 0.10 annual behavioral disturbance take, which 
indicates that all missions conducted at the current GRATV site

[[Page 24084]]

combined would not result in a single Level B harassment take of the 
Rice's whale. For comparison, Figure 6-4 shows the harassment zones of 
mission-day category A at the center of the East LIA. As shown, a small 
portion of the behavioral disturbance zone (27.9 km) encompasses a grid 
of low modeled density, with grids of higher density being farther to 
the southwest.
    Certain missions could have a PTS impact if they were to be 
conducted farther to the southwest within the LIAs closer to Rice's 
whale habitat, as defined by the 100-m isobath. The modeled threshold 
distances were used to determine the locations in the existing LIA and 
East LIA where each mission-day category would cause the onset of PTS, 
measured as a setback from the 100-m isobath. At this setback location, 
the mission would avoid PTS and result only in non-injury Level B 
harassment, if one or more Rice's whales were in the affected habitat. 
The setback distances are based on the longest distance predicted by 
the dBSea model for a cumulative SEL of 168 dB within the mitigation 
zone; the predicted average cumulative SEL is used as the basis of 
effect for estimating takes. The setback distances determined for the 
mission-day categories are presented in Table 32 and are shown for the 
existing LIA and East LIA on Figures 6-5 and 6-6, respectively.

               Table 32--Setbacks To Prevent Permanent Threshold Shift Impacts to the Rice's Whale
----------------------------------------------------------------------------------------------------------------
                                                                                               Setback from 100-
                User group                       Mission-day category         NEWi (lb)/(kg)     meter isobath
                                                                                                   (km)/(nmi)
----------------------------------------------------------------------------------------------------------------
53 WEG....................................  A                               2,413.6 (1,094.6)       7.323 (3.95)
                                            B                                 2,029.9 (920.6)       6.659 (5.59)
                                            C                                 1,376.2 (624.1)       5.277 (2.84)
                                            D                                  836.22 (379.2)       3.557 (1.92)
                                            E                                   934.9 (423.9)       3.192 (1.72)
AFSOC.....................................  F                                   584.6 (265.1)       3.169 (1.71)
                                            I                                     29.6 (13.4)       0.394 (0.21)
96 OG.....................................  J                                   946.8 (429.4)       5.188 (2.80)
                                            K                                     350 (158.7)       1.338 (0.72)
                                            L                                   627.1 (284.3)       3.315 (1.78)
                                            M                                   324.9 (147.3)       2.017 (1.08)
                                            N                                   238.1 (107.9)       1.815 (0.98)
                                            O                                    104.6 (47.5)       0.734 (0.39)
                                            P                                    130.8 (59.3)       0.787 (0.42)
                                            Q                                     94.4 (42.8)       0.667 (0.36)
                                            R                                     37.1 (16.8)       0.368 (0.19)
NAVSCOLEOD................................  S                                      130 (58.9)       1.042 (0.56)
----------------------------------------------------------------------------------------------------------------

    Locating a given mission in the LIA at its respective setback 
distance would represent the maximum Level B harassment scenario for 
the mission. If all the missions were conducted at their respective 
setbacks, the resulting takes would represent the maximum Level B 
harassment takes that would result for all mission-day categories 
except for gunnery missions. This is not a realistic scenario; however, 
it is analyzed to provide a worst-case estimate of takes. The takes 
under this scenario were calculated using the NOAA model (2022) model 
as described for the GRATV Location scenario. Figure 6-7 shows mission-
day category A conducted at its maximum Level B harassment setback 
location (7.23 km). Under this scenario, the TTS and behavioral 
disturbance mitigation zones extend farther into Rice's whale habitat. 
However, the modeled densities within affected areas are still 
relatively small. PTS impacts are avoided entirely. The PTS mitigation 
zone is slightly offset from the 100-m isobath because the setback is 
based on the longest distance predicted by the dBSea model, whereas the 
mitigation zones shown are based on the average distance predicted by 
the model. The take calculations for the maximum Level B harassment 
scenario resulted in a total of 0.49 annual TTS takes and 1.19 annual 
behavioral disturbance takes as shown in Table 33. These are the 
maximum number of takes estimated to potentially result from 
detonations in the existing LIA. These takes are overestimates because 
a considerable portion of all missions in the LIA are expected to 
continue to be conducted at or near the currently used GRATV anchoring 
site. These takes would not be exceeded because all missions will be 
conducted behind their identified setbacks as a new mitigation measure 
to prevent injury to the Rice's whale. Take calculations for the 
maximum Level B harassment scenario in the East LIA resulted in 0.63 
annual TTS takes and 2.33 annual behavioral disturbance takes (Table 
33). However, if we assume that 90 percent of the mission would occur 
in existing LIA and 10 percent would occur in the East LIA as was done 
for dolphins, the estimated result is 0.55 annual TTS (0.49 + 0.06) and 
1.42 annual behavioral (1.19 + 0.23) takes.
    The take calculations were performed using the NOAA (2022) density 
model for both day and night gunnery missions. As indicated on Figures 
6-8 and 6-9 in the application, the modeled Rice's whale densities in 
the TTS and behavioral disturbance zones are small, and reflect a 
higher occurrence probability for the Rice's whale farther to the 
southwest. The take calculations estimated 0.003 TTS takes and 0.012 
behavioral disturbance takes per daytime gunnery mission and 0.0006 TTS 
takes and 0.002 behavioral disturbance takes per nighttime gunnery 
mission. The resulting annual takes for all planned 25 daytime gunnery 
missions are 0.08 TTS take and 0.30 behavioral disturbance take, and 
the resulting annual takes for all 45 planned nighttime gunnery 
missions are 0.03 TTS take and 0.09 behavioral disturbance take (Table 
33). This is a conservative estimation of Level B harassment takes 
because all gunnery missions would not be conducted precisely 500 m 
landward of the 100-m isobath as assumed under this worst-case take 
scenario. This represents a mitigation measure described later in the 
Mitigation Measures section. Based on a review of gunnery mission 
locations, most gunnery missions during

[[Page 24085]]

the last 5 years have occurred in waters shallower than 100 m.
    The annual maximum Level B harassment takes estimated for daytime 
gunnery missions (mission-day G) and nighttime gunnery missions 
(mission-day category H) are combined with the annual maximum Level B 
harassment takes estimated for the other mission-day categories to 
determine the total takes of the Rice's whale from all EGTTR operations 
during the next mission period. The annual takes of the Rice's whale 
requested under the USAF's planned activities are 0.61 TTS takes 
conservatively and 1.69 behavioral takes as presented in Table 33. 
However, the average group size for Bryde's whales found in the 
northeast Gulf of Mexico is two animals (Maze-Foley and Mullin 2006). 
NMFS will assume that each exposure would result in take of two 
animals. Therefore, NMFS is authorizing Level B harassment in the form 
of two takes by TTS and four takes by behavioral disturbance annually 
for EGTTR operations during the next 7-year mission period.
    Note that the authorized takes are likely overestimates because 
they represent the maximum Level B harassment scenario for all 
missions. These takes are also likely overestimates of actual exposure 
based on the conservative assumption that all planned detonations would 
occur at or just below the water surface instead of a portion occurring 
upon impact with targets.

              Table 33--Calculated Annual Exposures of the Rice's Whale Under the USAF's Activities
----------------------------------------------------------------------------------------------------------------
                                                        Level A harassment              Level B harassment
                                                 ---------------------------------------------------------------
                                                   Non-auditory                                     Behavioral
                                                    injury \a\          PTS             TTS         disturbance
----------------------------------------------------------------------------------------------------------------
Missions at Existing LIA........               0               0               0            0.49            1.19
Missions at East LIA............               0               0               0            0.63            2.33
90 Percent of Existing LIA                     0               0               0           0.441           1.071
 Missions.......................
10 Percent of East LIA Missions.               0               0               0           0.063           0.233
Daytime Gunnery Missions........               0               0               0            0.08            0.30
Nighttime Gunnery Missions......               0               0               0            0.03            0.09
                                 -------------------------------------------------------------------------------
    Total.......................               0               0               0            0.61            1.69
                                 -------------------------------------------------------------------------------
        Total Takes Requested...               0               0               0           \b\ 2           \b\ 4
----------------------------------------------------------------------------------------------------------------
\a\ Slight lung and/or gastrointestinal tract injury.
\b\ Based on average group size (Maze-Foley and Mullin (2006)).

    For the USAF's planned activities in the EGTTR, Table 34 summarizes 
the take NMFS plans to authorize, including the maximum annual, 7-year 
total amount, and type of Level A harassment and Level B harassment 
that NMFS anticipates is reasonably likely to occur by species and 
stock. Note that take by Level B harassment includes both behavioral 
disturbance and TTS. No mortality or non-auditory injury is anticipated 
or authorized, as described previously.

     Table 34--Annual and Seven-Year Total Species-Specific Take Authorization From Explosives for All Training and Testing Activities in the EGTTR
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Authorized annual take                       Authorized 7-year total take
                                                         -----------------------------------------------------------------------------------------------
                                                              Level A           Level B harassment            Level A           Level B harassment
            Common name                   Stock/DPS         harassment   --------------------------------   harassment   -------------------------------
                                                         ----------------                   Behavioral   ----------------                   Behavioral
                                                                PTS             TTS         disturbance         PTS             TTS         disturbance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Common bottlenose dolphin.........  Northern Gulf of                   9             319             817              63            2233            5719
                                     Mexico Continental
                                     Shelf.
Atlantic spotted dolphin..........  Northern Gulf of                   1              39             100               7             273             700
                                     Mexico.
Rice's whale *....................  NSD.................               0               2               4               0              14              28
--------------------------------------------------------------------------------------------------------------------------------------------------------
* ESA-listed species.
Note: NSD = No stock designation.

Mitigation Measures

    Under section 101(a)(5)(A) of the MMPA, NMFS must set forth the 
permissible methods of taking pursuant to the activity, and other means 
of effecting the least practicable adverse impact on the species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance, and on the 
availability of the species or stocks for subsistence uses (latter not 
applicable for this action). NMFS regulations require applicants for 
incidental take authorizations to include information about the 
availability and feasibility (economic and technological) of equipment, 
methods, and manner of conducting the activity or other means of 
effecting the least practicable adverse impact upon the affected 
species or stocks, and their habitat (50 CFR 216.104(a)(11)). The NDAA 
for fiscal year (FY) 2004 amended the MMPA as it relates to military 
readiness activities and the incidental take authorization process such 
that ``least practicable impact'' shall include consideration of 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.

[[Page 24086]]

    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, NMFS 
considers two primary factors:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure(s) is expected to reduce impacts to 
marine mammals, marine mammal species or stocks, and their habitat. 
This considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range). It further considers the 
likelihood that the measure will be effective if implemented 
(probability of accomplishing the mitigating result if implemented as 
planned), the likelihood of effective implementation (probability 
implemented as planned), and
    (2) The practicability of the measures for applicant 
implementation, which may consider such things as cost, impact on 
operations, and, in the case of a military readiness activity, 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.

Assessment of Mitigation Measures for the EGTTR

    Section 216.104(a)(11) of NMFS' implementing regulations requires 
an applicant for incidental take authorization to include in its 
request, among other things, ``the availability and feasibility 
(economic and technological) of equipment, methods, and manner of 
conducting such activity or other means of effecting the least 
practicable adverse impact upon the affected species or stocks, their 
habitat, and [where applicable] on their availability for subsistence 
uses, paying particular attention to rookeries, mating grounds, and 
areas of similar significance.'' Thus, NMFS' analysis of the 
sufficiency and appropriateness of an applicant's measures under the 
least practicable adverse impact standard will always begin with 
evaluation of the mitigation measures presented in the application.
    NMFS has fully reviewed the specified activities and the mitigation 
measures included in the USAF's rulemaking/LOA application and the 
EGTTR 2022 REA to determine if the mitigation measures would result in 
the least practicable adverse impact on marine mammals and their 
habitat. The USAF would be required to implement the mitigation 
measures identified in this rule for the full 7 years to avoid or 
reduce potential impacts from planned training and testing activities.
    Monitoring and mitigation measures for protected species are 
implemented for all EGTTR missions that involve the use of live or 
inert munitions (i.e., missiles, bombs, and gun ammunition). Mitigation 
includes operational measures such as pre-mission monitoring, 
postponement, relocation, or cancellation of operations, to minimize 
the exposures of all marine mammals to pressure waves and acoustic 
impacts as well as vessel strike avoidance measures to minimize the 
potential for ship strikes; geographic mitigation measures, such as 
setbacks and areas where mission activity is prohibited, to minimize 
impacts in areas used by Rice's whales; gunnery-specific mitigation 
measures which dictate how and where gunnery operations occur; and 
environmental mitigation which describes when missions may occur and 
under what weather conditions. These measures are supported by the use 
of PSOs from various platforms, and sea state restrictions. 
Identification and observation of appropriate mitigation zones (i.e., 
double the threshold distance at which Level A harassment exposures in 
the form of PTS could occur) and monitoring zones (i.e., area between 
the mitigation zone and the human safety zone perimeter) are important 
components of an effective mitigation plan.

Operational Measures

Pre-Mission Surveys
    Pre-mission surveys for protected species are conducted prior to 
every mission (i.e., missiles, bombs, and gunnery) in order to verify 
that the mitigation zone is free of visually detectable marine mammals 
and to evaluate the mission site for environmental suitability. USAF 
range-clearing vessels and protected species survey vessels holding 
PSOs will be onsite approximately 90 minutes prior to the mission. The 
duration of pre-mission surveys depends on the area required to be 
surveyed, the type of survey platforms used (i.e., vessels, aircraft, 
video), and any potential lapse in time between the end of the surveys 
and the beginning of the mission. Depending on the mission category, 
vessel-based PSOs will survey the mitigation and/or monitoring zones 
for marine mammals. Surveys of the mitigation zone will continue for 
approximately 30 minutes or until the entire mitigation zone has been 
adequately surveyed, whichever takes longer. The mitigation zone survey 
area is defined by the area covered by double the dolphin Level A 
harassment (PTS) threshold distances predicted for the mission-day 
categories as presented previously in Tables 26 and 27. Each user group 
will identify the mission-day category that best corresponds to its 
actual mission based on the energy that would be released. The user 
group will estimate the NEWi of the actual mission to identify which 
mission-day category to use. The energy of the actual mission will be 
less than the energy of the mission-day category in terms of total NEWi 
and largest single munition NEWi to ensure that the energy and effects 
of the actual mission will not exceed the energy and effects estimated 
for the corresponding mission-day category. For any live mission other 
than gunnery missions, the pre-mission survey mitigation zone will 
extend out to, at a minimum, double the Level A harassment PTS 
threshold distance that applies to both dolphin species. Depending on 
the mission-day category that best corresponds to the actual mission, 
the distance from the detonation point to the mitigation zone (i.e., 
double the Level A harassment (PTS) threshold distance) could vary 
between approximately 1,356 m for mission-day category J and 272 m for 
mission-day category I (Table 35). Surveying twice the dolphin Level A 
harassment (PTS) threshold distance provides a buffer area for when 
there is a lapse between the time when the survey ends and the time 
when the species observers reach the perimeter of the human safety zone 
before the start of the mission. Surveying this additional buffer area 
ensures that dolphins are not within the PTS zone at the start of the 
mission. Missions involving air-to-surface gunnery operations must 
conduct surveys of even larger areas based on previously established 
safety profiles and the ability to conduct aerial surveys of large 
areas from the types of aircraft used for these missions.
    The monitoring zone for non-gunnery missions is the area between 
the mitigation zone and the human safety zone and is not standardized, 
since the size of the human safety zone is not standardized. The human 
safety zone will be determined per each mission by the Eglin AFB Test 
Wing Safety Office based on the munition and parameters of its release 
(to include altitude, pitch, heading, and airspeed). Additionally, 
based on the operational altitudes of gunnery firing, and the fact that 
the only monitoring during the mission will be coming from onboard the 
aircraft conducting the live firing, the monitoring zone for gunnery 
missions

[[Page 24087]]

will be a smaller area than the mitigation zone and will be based on 
the field of view from the aircraft. These observable areas will at 
least be double the Level A harassment (PTS) threshold distance for the 
mission-day categories G, H, and Q (gunnery-only mission-day 
categories) as shown in Table 35.

 Table 35--Mitigation and Monitoring Zone Sizes for Live Missions in the
                      Existing Live Impact Area (m)
------------------------------------------------------------------------
                                Mitigation zone
     Mission-day category          (m)/(ft)      Monitoring zone \5\ \6\
------------------------------------------------------------------------
A............................  1,130 (3,706.4).                      TBD
B............................  1,170 (3,837.6).                      TBD
C............................  1,090 (3,575.2).                      TBD
D............................  950 (3,116).....                      TBD
E............................  960 (3,150).....                      TBD
F............................  710 (2,328).....                      TBD
G............................  9,260 (30.372.8)              550 (1,804)
                                \1\.
H............................  9,260 (30,372.8)              450 (1,476)
                                \2\.
I............................  280 (918.4).....                      TBD
J............................  1,360 (4,460.8).                      TBD
K............................  890 (2,920).....                      TBD
L............................  780 (2,560).....                      TBD
M............................  580 (1,640).....                      TBD
N............................  500 (1,640).....                      TBD
O............................  370 (1,213.6)...                      TBD
P............................  410 (1,344.8)...                      TBD
Q............................  9,260 (30,372.6)              500 (1,640)
                                \3\.
R............................  280 (918.4) and                       TBD
                                9,260 (30372.8)
                                \4\.
S............................  860 (2,820.8)...                      TBD
------------------------------------------------------------------------
\1\ For G, double the Level A harassment threshold distance (PTS) is
  0.548 km, but G is AC-130 gunnery mission with an inherent mitigation
  zone of 9.260 km/5 nmi.
\2\ For H, double the Level A harassment (PTS) threshold distance is
  0.450 km, but H is AC-130 gunnery mission with an inherent mitigation
  zone of 9.260 km/5 nmi.
\3\ For Q, double the Level A harassment (PTS) threshold distance is
  0.494 km, but Q is AC-130 gunnery mission with an inherent mitigation
  zone of 9.260 km/5 nmi.
\4\ R has components of both gunnery and inert small diameter bomb.
  Double the Level A harassment (PTS) threshold distance is 0.278 km,
  however, for gunnery component the inherent mitigation zone would be
  9.260 km.
\5\ The monitoring zone for non-gunnery missions is the area between the
  mitigation zone and the human safety zone and is not standardized, as
  the human safety zone (HSZ) is not standardized. The HSZ is determined
  per each mission by the Test Wing Safety Office based on the munition
  and parameters of its release (to include altitude, pitch, heading,
  and airspeed).
\6\ Based on the operational altitudes of gunnery firing, and the only
  monitoring during mission coming from onboard the aircraft conducting
  the firing, the monitoring zone for gunnery missions will be a smaller
  area than the mitigation zone and be based on the field of view from
  the aircraft. These observable areas will at least be double the Level
  A harassment (PTS) threshold distance for the mission-day categories
  G, H, and Q (gunnery-only mission-day categories).

    For non-gunnery inert missions, the mitigation zone is based on 
double the Level A harassment (PTS) threshold distance as shown in 
Table 36. The monitoring zone is the area between the mitigation zone 
and the human safety zone which is not standardized. The safety zone is 
determined per each mission by the Test Wing Safety Office based on the 
munition and parameters of its release including altitude, pitch, 
heading, and airspeed.

 Table 36--Pre-Mission Mitigation and Monitoring Zones (in m) for Inert
                          Missions Impact Area
------------------------------------------------------------------------
                                            Mitigation      Monitoring
      Inert impact class (lb TNTeq)         zone m/(ft)      zone \1\
------------------------------------------------------------------------
2.......................................       160 (524)             TBD
1.......................................       130 (426)             TBD
0.5.....................................       100 (328)             TBD
0.15....................................        70 (230)             TBD
------------------------------------------------------------------------
\1\ The monitoring zone for non-gunnery missions is the area between the
  mitigation zone and the human safety zone and is not standardized, as
  the human safety zone is not standardized. The HSZ is determined per
  each mission by the Test Wing Safety Office based on the munition and
  parameters of its release (to include altitude, pitch, heading, and
  airspeed).

    Mission postponement, relocation, or cancellation--Mission 
postponement, relocation, or cancellation would be required when marine 
mammals are observed within the mitigation or monitoring zone depending 
on the mission type to minimize the potential for marine mammals to be 
exposed to injurious levels of pressure and noise energy from live 
detonations. If one or more marine mammal species other than the two 
dolphin species for which take is authorized are detected in either the 
mitigation zone or the monitoring zone, then mission activities will be 
cancelled for the remainder of the day. The mission must be postponed, 
relocated or canceled if either of the two dolphin species are visually 
detected in the mitigation zone during the pre-mission survey. If 
members of the two dolphin species for which authorized take has been 
authorized are observed in the monitoring zone while vessels are 
exiting the human safety zone and the PSO has determined the animals 
are heading towards the mitigation zone, then missions will be 
postponed, relocated, or canceled, based on mission-specific test and 
environmental parameters. Postponement would continue until the animals 
are confirmed to be outside of the mitigation zone on a heading away 
from the targets or are not seen again for 30 minutes and are presumed 
to be outside the mitigation zone. If large schools of fish or large 
flocks of birds are observed

[[Page 24088]]

feeding at the surface are observed within the mitigation zone, 
postponement would continue until these potential indicators of marine 
mammal presence are confirmed to be outside the mitigation zone.
    Vessel strike avoidance measures--Vessel strike avoidance measures 
as previously advised by NMFS Southeast Regional Office must be 
employed by the USAF to minimize the potential for ship strikes. These 
measures include staying at least 150 ft (46 m) away from protected 
species and 300 ft (92 m) away from whales. Additional action area 
measures will require vessels to stay 500 m away from the Rice's whale. 
If a baleen whale cannot be positively identified to species level then 
it must be assumed to be a Rice's whale and 500 m separation distance 
must be maintained. Vessels must avoid transit in the Core Distribution 
Area (CDA) and within the 100-400 m isobath zone outside the CDA. If 
transit in these areas is unavoidable, vessels must not exceed 10 knots 
and transit at night is prohibited. An exception to the speed 
restriction is for instances required for human safety, such as when 
members of the public need to be intercepted to secure the human safety 
zone, or when the safety of a vessel operations crew could be 
compromised.

Geographic Mitigation Measures

Setbacks From Rice's Whale Habitat
    New mitigation measures that were not required as part of the 
existing LOA have been developed to reduce impacts to the Rice's whale. 
These measures would require that given mission-day activities could 
only occur in areas that are exterior to and set back some specified 
distance from Rice's whale habitat boundaries as well as areas where 
mission activities are prohibited. These are described below.
    As a mitigation measure to prevent impacts to cetacean species 
known to occur in deeper portions of the Gulf of Mexico, such as the 
federally endangered sperm whale, all gunnery missions have been 
located landward of the 200-m isobath, which is generally considered to 
be the shelf break in the Gulf of Mexico. Most missions conducted over 
the last 5 years under the existing LOA have occurred in waters less 
than 100 m in depth. While implementing this measure would prevent 
impacts to most marine mammal species in the Gulf, it may not provide 
full protection to the Rice's whale, which has been documented to occur 
in waters as shallow as 117 m, although the majority of sightings have 
occurred in waters deeper than 200 m.
    To prevent any PTS impacts to the Rice's whale from gunnery 
operations, NMFS has mandated that all gunnery missions must be 
conducted at least 500 m landward of the 100-m isobath instead of 
landward of the 200-m isobath as was originally proposed by the USAF. 
This setback distance from the 100-m isobath is based on the modeled 
PTS threshold distance for daytime gunnery missions (mission-day G) of 
494 m (Table 28). At this setback distance, potential PTS effects from 
daytime gunnery missions would not extend into Rice's whale habitat, as 
defined by the 100-m isobath. The PTS Level A harassment isopleth of a 
nighttime gunnery mission, which is 401 m in radius, is contained 
farther landward of the habitat boundary.
    Another mitigation measure to prevent any PTS (or more severe) 
impacts to the Rice's whale will restrict the use of all live munitions 
in the western part of the existing LIA and East LIA based on the 
setbacks from the 100-m isobaths. The setback distances determined for 
the mission-day categories are presented in Table 32 and are shown for 
the existing LIA and East LIA on Figures 6-5 and 6-6, respectively. For 
example, the subsurface detonation of a GBU-10, GBU-24, or GBU-31, each 
of which have a NEW of 945 lb (428.5 kg), would represent the most 
powerful single detonation that would be conducted under the USAF's 
planned activities. Such a detonation would correspond to mission-day 
category J. To prevent any PTS impacts to the Rice's whale, a mission 
that would involve such a single subsurface detonation would be 
conducted in a portion of the LIA that is behind the setback identified 
for mission-day category J.
    Likewise, a mission that would involve multiple detonations that 
have a total cumulative NEWi comparable to that of mission-day category 
A would be conducted behind the setback identified for mission-day 
category A. Each user group will use the mission-day categories and 
corresponding setback distances to determine the setback distance that 
is appropriate for their actual mission. The user group will estimate 
the NEWi of the actual mission to identify which mission-day category 
and associated setback to use. The energy of the actual mission must be 
less than the energy of the mission-day category in terms of total NEWi 
and largest single-munition NEWi to ensure that the energy and effects 
of the actual mission will not exceed the energy and effects estimated 
for the corresponding mission-day category.
Rice's Whale Habitat Area Prohibitions
    This section identifies areas where firing of live or inert 
munitions is prohibited to limit impacts to Rice's whales. The USAF 
will prohibit the use of live or inert munitions in Rice's whale 
habitat during the effective period for the issued LOA. Under this new 
mitigation measure, all munitions use will be prohibited between the 
100-m and 400-m isobaths which represents the area where most Rice's 
whale detections have occurred. Live munitions under mission-day 
category K would be permitted to be fired into the existing LIA or East 
LIA but must have a setback of 1.338 km from the 100-m isobath while 
inert munitions under mission-day category K could be fired into 
portions of the EGTTR outside the LIAs. However, they would need to be 
outside the area between the 100-m and 400-m isobaths.
    Overall, the USAF has agreed to procedural mitigation measures that 
would reduce the probability and/or severity of impacts expected to 
result from acute exposure to live explosives and inert munitions and 
impacts to marine mammal habitat.
Gunnery-Specific Mitigation
    Additional mitigation measures are applicable only to gunnery 
missions. The USAF must use 105 mm Training Rounds (TR; NEW of 0.35 lb 
(0.16 kg)) for nighttime missions. These rounds contain less explosive 
material content than the 105 mm Full Up (FU; NEW of 4.7 lb (2.16 kg)) 
rounds that are used during the day. Therefore, the harassment zones 
associated with the 105 mm TR are smaller and can be more effectively 
monitored compared to the daytime zones. Ramp-up procedures will also 
be required for day and night gunnery missions which must begin firing 
with the smallest round and proceed to increasingly larger rounds. The 
purpose of this measure is to expose the marine environment to steadily 
increasing noise levels with the intent that marine animals will move 
away from the area before noise levels increase. During each gunnery 
training mission, gun firing can last up to 90 minutes but typically 
lasts approximately 30 minutes. Live firing is continuous, with pauses 
usually lasting well under 1 minute and rarely up to 5 minutes. 
Aircrews must reinitiate protected species surveys if gunnery firing 
pauses last longer than 10 minutes.
    Protected species monitoring procedures for CV-22 gunnery training 
are similar to those described for AC-130 gunnery training, except that 
CV-22

[[Page 24089]]

aircraft typically operate at much lower altitudes than AC-130 
gunships. If protected marine species are detected during pre-mission 
surveys or during the mission, operations will be immediately halted 
until the monitoring zone is clear of all animals, or the mission will 
be relocated to another target area. If the mission is relocated, the 
pre-mission survey procedures will be repeated in the new area. If 
multiple gunnery missions are conducted during the same flight, marine 
species monitoring will be conducted separately for each mission. 
Following each mission, aircrews will conduct a post- mission survey 
beginning at the operational altitude and continuing through an 
orbiting descent to the designated monitoring altitude.
    All gunnery missions must monitor a set distance depending on the 
aircraft type as shown in Table 37. Pre-mission aerial surveys 
conducted by gunnery aircrews in AC-130s extend out 5 nmi (9,260 m) 
while CV-22 aircraft would have a monitoring range of 3 nmi (5,556 m). 
The modeled distances for behavioral disturbance for gunnery daytime 
and nighttime missions are 12.9 km and 7.1 km, respectively. The 
behavioral disturbance zone is smaller at night due to the required use 
of less impactful training rounds (105-mm TR). Therefore, the aircrews 
are able to survey all of the behavioral disturbance for a nighttime 
gunnery mission but not for a daytime gunnery mission. The size of the 
monitoring areas are based on the monitoring and operational altitudes 
of each aircraft as well as previously established aircraft safety 
profiles.

                          Table 37--Monitoring Areas and Altitudes for Gunnery Missions
----------------------------------------------------------------------------------------------------------------
                                                                              Monitoring          Operational
            Aircraft                 Gunnery round      Monitoring area        altitude            altitude
----------------------------------------------------------------------------------------------------------------
AC-30 Gunship...................  30 mm; 105 mm (FU   5 nmi (9,260 m)...  6,000 feet (1,828   15,000 to 20,000
                                   and TR).                                m).                 feet (4572-6096
                                                                                               m).
CV-22 Osprey....................  .50 caliber.......  3 nmi (5,556 m)...  1,000 feet (305 m)  1,000 feet (305
                                                                                               m).
----------------------------------------------------------------------------------------------------------------

    Other than gunnery training, mission-day category K tests are the 
only other EGTTR missions currently planned to be conducted at 
nighttime during the 2023-2030 period. Mission-day category K tests and 
any other missions that are actually conducted at nighttime during the 
mission period will be required to be supported by AC-130 aircraft with 
night-vision instrumentation or other platforms with comparable 
nighttime monitoring capabilities. For mission-day category K missions, 
the pre-mission survey area will extend out to, at a minimum, double 
the Level A harassment (PTS) threshold distance that applies to both 
dolphin species for mission-day category K test. A mission-day category 
K test would correspond to mission-day category K, which is estimated 
to have a PTS threshold distance of 0.445 km. Therefore, the pre-
mission survey for a mission-day category K test would extend out to 
0.89 km, at a minimum.
Environmental Conditions
    Sea State Conditions--Appropriate sea state conditions must exist 
for protected species monitoring to be effective. Wind speed and the 
associated roughness of the sea surface are key factors that influence 
the efficacy of PSO monitoring. Strong winds increase wave height and 
create whitecaps, both of which limit a PSO's ability to visually 
detect marine species at or near the surface. The sea state scale used 
for EGTTR pre-mission protected species surveys is presented in Table 
38. All missions will be postponed or rescheduled if conditions exceed 
sea state 4, which is defined as moderate breeze, breaking crests, 
numerous white caps, wind speed of 11 to 16 knots, and wave height of 
3.3 to 6 ft (1.0 to 1.8 m). PSOs will determine whether sea conditions 
are suitable for protective species monitoring.

 Table 38--Sea State Scale Used for EGTTR Pre-Mission Protected Species
                                 Surveys
------------------------------------------------------------------------
        Sea state No.                        Sea conditions
------------------------------------------------------------------------
0............................  Flat, calm, no waves or ripples.
1............................  Light air, winds 1 to 2 knots; wave
                                height to 1 foot; ripples without
                                crests.
2............................  Light breeze, winds 3 to 6 knots; wave
                                height 1 to 2 feet; small wavelets,
                                crests not breaking.
3............................  Gentle breeze, winds 7 to 10 knots; wave
                                height 2 to 3.5 feet; large wavelets,
                                scattered whitecaps.
4............................  Moderate breeze, winds 11 to 16 knots;
                                wave height 3.5 to 6 feet; breaking
                                crests, numerous whitecaps.
5............................  Strong breeze, winds 17 to 21 knots; wave
                                height 6 to 10 feet; large waves, spray
                                possible.
------------------------------------------------------------------------

    Daylight Restrictions--Daylight and visibility restrictions are 
also implemented to ensure the effectiveness of protected species 
monitoring. All live missions except for nighttime gunnery and 
hypersonic weapon missions will occur no earlier than 2 hours after 
sunrise and no later than 2 hours before sunset to ensure adequate 
daylight for pre- and post-mission monitoring.

Mitigation Conclusions

    NMFS has carefully evaluated the USAF's planned mitigation 
measures, as well as other potential mitigation measures suggested 
during the public comment period, which are discussed in our responses 
to public comments. Our evaluation of potential measures included 
consideration of the following factors in relation to one another: the 
manner in which, and the degree to which, the successful implementation 
of the mitigation measures is expected to reduce the likelihood and/or 
magnitude of adverse impacts to marine mammal species and their 
habitat; the proven or likely efficacy of the measures; and the 
practicability of the measures for applicant implementation, including 
consideration of personnel safety, practicality of implementation, and 
impact on the effectiveness of the military readiness activity.
    Based on our evaluation, NMFS has determined that USAF's planned 
measures, including pre-mission surveys; mission postponements or 
cancellations if animals are observed in the mitigation or monitoring 
zones; Rice's whale setbacks; Rice's whale habitat prohibitions; 
gunnery-specific measures; and environmental measures, are the 
appropriate means of effecting the least practicable adverse impact on

[[Page 24090]]

the marine mammal species and their habitat, paying particular 
attention to rookeries, mating grounds, and areas of similar 
significance, and considering specifically personnel safety, 
practicality of implementation, and impact on the effectiveness of the 
military readiness activity. Additionally, an adaptive management 
provision ensures that mitigation is regularly assessed and provides a 
mechanism to improve the mitigation, based on the factors above, 
through modification as appropriate.

Monitoring and Reporting Requirements

    In order to issue an incidental harassment authorization (IHA) for 
an activity, section 101(a)(5)(A) of the MMPA states that NMFS must set 
forth requirements pertaining to the monitoring and reporting of such 
taking. The MMPA implementing regulations at 50 CFR 216.104(a)(13) 
indicate that requests for authorizations must include the suggested 
means of accomplishing the necessary monitoring and reporting that will 
result in increased knowledge of the species and of the level of taking 
or impacts on populations of marine mammals that are expected to be 
present while conducting the activities. Effective reporting is 
critical both to compliance as well as to ensuring that the most value 
is obtained from the required monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the activity; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and,
     Mitigation and monitoring effectiveness.
    The USAF will require training for all PSOs who will utilize 
vessel-based, aerial-based, video-based platforms or some combination 
of these approaches depending on the requirements of the mission type 
as shown in Table 39. Specific PSO training requirements are described 
below.

PSO Training

    All personnel who conduct protected species monitoring are required 
to complete Eglin AFB's Marine Species Observer Training Course, which 
was developed in consultation with NMFS. The required PSO training 
covers applicable environmental laws and regulations, consequences of 
non-compliance, PSO roles and responsibilities, photographs and 
descriptions of protected species and indicators, survey methods, 
monitoring requirements, and reporting procedures. Any person who will 
serve as a PSO for a particular mission must have completed the 
training within a year prior to the mission. For missions that require 
multiple survey platforms to cover a large area, a Lead Biologist is 
designated to lead the monitoring and coordinate sighting information 
with the Eglin AFB Test Director (Test Director) or the Eglin AFB 
Safety Officer (Safety Officer).
    Note that all three monitoring platforms described in Table 39 are 
not needed for all missions. The use of the platforms for a given 
mission are evaluated based on mission logistics, public safety, and 
the effectiveness of the platform to monitor for protected species. 
Vessel and video monitoring are almost always used but aerial 
monitoring may not be used for some missions because it is not needed 
in addition to the vessel-based surveys that are conducted. Aerial 
monitoring is considered to be supplemental to vessel-based monitoring 
and is used only when needed, for example if not enough vessels are 
available or to provide coverage in areas farther offshore where using 
vessels may be more logistically difficult. Note that at least one of 
the monitoring platforms described in Table 39 must be used for every 
mission. In most instances, two or three of the monitoring platforms 
will be employed.

     Table 39--Monitoring Options Required to the Extent Practicable and Locations for Live Air-to-Surface Mission Proponents Operating in the EGTTR
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Monitoring platform                      Location
                                                                                 -----------------------------------------------------------------------
            User group               Mission-day category       Munition type       Aerial-     Vessel-     Video-                              Outside
                                                                                     based       based       based        LIA      East LIA      LIAs
--------------------------------------------------------------------------------------------------------------------------------------------------------
53 WEG............................  A                       Missile.............          x           x           x           x           x   ..........
                                    B                       Missile, Bomb.......          x           x           x           x           x   ..........
                                    C                       Missile.............          x           x           x           x           x   ..........
                                    D                       Missile.............          x           x           x           x           x   ..........
                                    E                       Missile, Bomb,                x           x           x           x           x   ..........
                                                             Rocket, Gun
                                                             Ammunition.
AFSOC.............................  F                       Bomb................          x           x           x           x           x   ..........
                                    G                       Gun Ammunition......          x   ..........  ..........          x           x           x
                                    H                       Gun Ammunition......          x   ..........  ..........          x           x           x
                                    I                       Rockets.............          x           x           x           x           x   ..........
96 OG.............................  J                       Bomb................          x           x           x           x           x   ..........
                                    K                       Hypersonic..........          x           x           x           x           x   ..........
                                    L                       Missile, Bomb.......          x           x           x           x           x   ..........
                                    M                       Bomb................          x           x           x           x           x   ..........
                                    N                       Missile, Bomb.......          x           x           x           x           x   ..........
                                    O                       Missile.............          x           x           x           x           x   ..........
                                    P                       Missile.............          x           x           x           x           x   ..........
                                    Q                       Gun Ammunition......          x   ..........  ..........          x           x   ..........
                                    R                       Bomb, Gun Ammunition          x   ..........  ..........          x           x   ..........

[[Page 24091]]

 
NAVSCOLOED........................  S                       Charge..............  ..........          x   ..........          x           x           x
--------------------------------------------------------------------------------------------------------------------------------------------------------

Monitoring Platforms

Vessel-Based Monitoring
    Pre-mission surveys conducted from vessels will typically begin at 
sunrise. Vessel-based monitoring is required for all mission-day 
categories except for gunnery missions. Trained marine species PSOs 
will use dedicated vessels to monitor for protected marine species and 
potential indicators during the pre-mission surveys. For missions that 
require multiple vessels to cover a large survey area, a Lead Biologist 
will be designated to coordinate all survey efforts, compile sighting 
information from the other vessels, serve as the point of contact 
between the survey vessels and Tower Control, and provide final 
recommendations to the Safety Officer/Test Director on the suitability 
of the mission site based on environmental conditions and survey 
results.
    Survey vessels will run predetermined line transects, or survey 
routes, that will provide sufficient coverage of the survey area. 
Monitoring will be conducted from the highest point feasible on the 
vessels. There will be at least two PSOs on each vessel, and they will 
each use professional-grade binoculars.
    All sighting information from pre-mission surveys will be 
communicated to the Lead Biologist on a predetermined radio channel to 
reduce overall radio chatter and potential confusion. After compiling 
all the sighting information from the other survey vessels, the Lead 
Biologist will inform Tower Control if the survey area is clear or not 
clear of protected species. If the area is not clear, the Lead 
Biologist will provide recommendations on whether the mission should be 
postponed or canceled. For example, a mission postponement would be 
recommended if a protected species is in the mitigation zone but 
appears to be heading away from the mission area. The postponement 
would continue until the Lead Biologist has confirmed that the animals 
are no longer in the mitigation zone and are swimming away from the 
range. A mission cancellation could be recommended if one or more 
protected species are sighted in the mitigation zones and there is no 
indication that they would leave the area within a reasonable time 
frame. Tower Control will relay the Lead Biologist's recommendation to 
the Safety Officer. The Safety Officer and Test Director will 
collaborate regarding range conditions based on the information 
provided. Ultimately, the Safety Officer will have final authority on 
decisions regarding postponements and cancellations of missions.
Human Safety Zone Monitoring
    Established range clearance procedures are followed during all 
EGTTR missions for public safety. Prior to each mission, a human safety 
zone appropriate for the mission is established around the target area. 
The size of the human safety zone varies depending on the munition type 
and delivery method. A composite safety zone is often developed for 
missions that involve multiple munition types and delivery methods. A 
typical composite safety zone is octagon-shaped to make it easier to 
monitor by range clearing boats and easier to interpret by the public 
when it is overlaid on maps with latitude and longitude coordinates. 
The perimeter of a composite safety zone may extend out to 
approximately 15 miles (13 nmi) from the center of the zone and may be 
monitored by up to 25 range-clearing boats to ensure it is free of any 
non-participating vessels before and during the mission.

Air Force Support Vessels

    USAF support vessels will be operated by a combination of USAF and 
civil service/civilian personnel responsible for mission site/target 
setup and range-clearing activities. For each mission, USAF personnel 
will be within the mission area (on boats and the GRATV) well in 
advance of initial munitions use, typically around sunrise. While in 
the mission area, they will perform a variety of tasks, such as target 
preparation and equipment checks, and will also observe for marine 
mammals and indicators when possible. Any sightings would be relayed to 
the Lead Biologist.
    The Safety Officer, in cooperation with the CCF (Central Control 
Facility) and Tower Control, will coordinate and manage all range-
clearing efforts and will be in direct communication with the survey 
vessel team, typically through the Lead Biologist. All support vessels 
will be in radio contact with each other and with Tower Control. The 
Safety Officer will monitor all radio communications, and Tower Control 
will relay messages between the vessels and the Safety Officer. The 
Safety Officer and Tower Control will also be in constant contact with 
the Test Director throughout the mission to convey information on range 
clearance and marine species surveys. Final decisions regarding mission 
execution, including possible mission postponement or cancellation 
based on marine species sightings or civilian boat traffic, will be the 
responsibility of the Safety Officer, with concurrence from the Test 
Director.
Aerial-Based Monitoring
    Aircraft provide an excellent viewing platform for detecting marine 
mammals at or near the sea surface. Depending on the mission, the 
aerial survey team will consist of Eglin AFB Natural Resources Office 
personnel or their designees aboard a non-mission aircraft or the 
mission aircrew who have completed the PSO training. The Eglin AFB 
Natural Resources Office has overall responsibility for implementing 
the natural resources management program and is the lead organization 
for monitoring compliance with applicable Federal, State, and local 
regulations. It reports to the installation command, the 96th Test 
Wing, via the Environmental Management Branch of the 96th Civil 
Engineer Group. All mission-day categories require aerial-based 
monitoring, assuming assets are available and when such monitoring does 
not interfere with testing and training parameters required by mission 
proponents. Note that gunnery mission aircraft must also serve as 
aerial-based monitoring platforms.
    For non-mission aircraft, the pilot will be instructed on marine 
species survey techniques and will be familiar with the protected 
species expected to occur in the area. One PSO in the aircraft will 
record data and relay information on species sightings, including the 
species (if possible), location, direction of movement, and number of 
animals, to the Lead Biologist. The aerial team will

[[Page 24092]]

also look for potential indicators of protected species presence, such 
as large schools of fish and large, active groups of birds. Pilots will 
fly the aircraft so that the entire mitigation and monitoring zones 
(and a buffer, if required) are monitored. Marine species sightings 
from the aerial survey team will be compiled by the Lead Biologist and 
communicated to the Test Director or Safety Officer. Monitoring by non-
mission aircraft would be conducted only for certain missions, when the 
use of such aircraft is practicable based on other mission-related 
factors.
    Some mission aircraft have the capability to conduct aerial surveys 
for marine species immediately prior to releasing munitions. Mission 
aircraft used to conduct aerial surveys will be operated at reasonable 
and safe altitudes appropriate for visually scanning the sea surface 
and/or using onboard instrumentation to detect protected species. The 
primary mission aircraft that conduct aerial surveys for marine species 
are the AC-130 gunship and CV-22 Osprey used for gunnery operations.
    AC-130 gunnery training involves the use of 30 mm and 105 mm FU 
rounds during daytime and 30 mm and 105 mm TRs during nighttime. The TR 
variant (0.35 lb (0.15 kg) NEW) of the 105 mm HE round has less 
explosive material than the FU round (4.7 lb (2.13 kg) NEW). AC-130s 
are equipped with and required to use low-light electro-optical and 
infrared sensor systems that provide excellent night vision. Gunnery 
missions use the 105 mm TRs during nighttime missions as an additional 
mitigation measure for protected marine species. If a towed target is 
used, mission personnel will maintain the target in the center portion 
of the survey area to ensure gunnery impacts do not extend past the 
predetermined mitigation and monitoring zones. During the low-altitude 
orbits and climb, the aircrew will visually scan the sea surface for 
the presence of protected marine species. The visual survey will be 
conducted by the flight crew in the cockpit and personnel stationed in 
the tail observer bubble and starboard viewing window.
    After arriving at the mission site and before initiating gun 
firing, the aircraft would be required to fly at least two complete 
orbits around the target area out to the applicable monitoring zone at 
a minimum safe airspeed and appropriate monitoring altitude. If no 
protected species or indicators are detected, the aircraft will then 
ascend to an operational altitude while continuing to orbit the target 
area as it climbs. The initial orbits typically last approximately 10 
to 15 minutes. Monitoring for marine species and non-participating 
vessels continues throughout the mission. When aerial monitoring is 
conducted by aircraft, a minimum ceiling of 305 m (1,000 feet) and 
visibility of 5.6 km (3 nmi) are required for effective monitoring 
efforts and flight safety.
    Infrared systems are equally effective during day or night. 
Nighttime missions would be conducted by AC-130s that have been 
upgraded recently with MX-25D sensor systems, which provide superior 
night-vision capabilities relative to earlier sensor systems. CV-22 
training involves the use of only .50 caliber rounds, which do not 
contain explosive material and, therefore, do not detonate. Aircrews 
will conduct visual and instrumentation-based scans during the post-
mission survey as described for the pre-mission survey.
Video-Based Monitoring
    Video-based monitoring is conducted via transmission of live, high-
definition video feeds from the GRATV at the mission site to the CCF 
and is required on all mission-day categories except for gunnery 
missions. These video feeds can be used to remotely view the mission 
site to evaluate environmental conditions and monitor for marine 
species up to the time munitions are used. There are multiple sources 
of video that can be streamed to multiple monitors within the CCF. A 
PSO from Eglin Natural Resources will monitor the live video feeds 
transmitted to the CCF when practicable and will report any protected 
marine species sightings to the Safety Officer, who will also be at the 
CCF. Video monitoring can mitigate the lapse in time between the end of 
the pre-mission survey and the beginning of the mission.
    Four video cameras are typically operated on the GRATV for real-
time monitoring and data collection during the mission. All cameras 
have a zoom capability of up to at least a 300 mm equivalent. The 
cameras allow video PSOs to detect an item as small as 1 square foot 
(0.09 square m) up to 4,000 m away.
    Supplemental video monitoring must be used when practicable via 
additional aerial assets. Aerial assets with video monitoring 
capabilities include Eglin AFB's aerostat balloon and unmanned aerial 
vehicles (UAVs). These aerial assets support certain missions, for 
example by providing video of munition detonations and impacts; these 
assets are not used during all missions. The video feeds from these 
aerial assets can be used to monitor protected species; however, they 
would always be a supplemental form of monitoring that would be used 
only when available and practicable. Eglin AFB's aerostat balloon 
provides aerial imagery of weapon impacts and instrumentation relay. 
When used, it is tethered to a boat anchored near the GRATV. The 
balloon can be deployed to an altitude of up to 2,000 ft (607 m). It is 
equipped with a high-definition camera system that is remotely 
controlled to pivot and focus on a specific target or location within 
the mission site. The video feed from the camera system is transmitted 
to the CCF. Eglin AFB may also employ other assets such as 
intelligence, surveillance, and reconnaissance aircraft to provide 
real-time imagery or relay targeting pod videos from mission aircraft. 
UAVs may also be employed to provide aerial video surveillance. While 
each of these platforms may not be available for all missions, they 
typically can be used in combination with each other and with the GRATV 
cameras to supplement overall monitoring efforts. Even with a variety 
of platforms potentially available to supply video feeds to the CCF, 
the entirety of the mitigation and monitoring zones may not be visible 
for the entire duration of the mission. The targets and immediate 
surrounding areas will typically be in the field of view of the GRATV 
cameras, which will allow the PSO to detect any protected species that 
may enter the target area before weapon releases. The cameras also 
allow the PSO to readily inspect the target area for any signs that 
animals were injured. If a protected marine species is detected on the 
live video, the weapon release can be stopped almost immediately 
because the video camera PSO is in direct contact with Test Director 
and Safety Officer at the CCF.
    The video camera PSO will have open lines of communication with the 
PSOs on vessels to facilitate real-time reporting of marine species 
sightings and other relevant information, such as the presence of non-
participating vessels near the human safety zone. Direct radio 
communication will be maintained between vessels, GRATV personnel, and 
Tower Control throughout the mission. The Safety Officer will monitor 
all radio communications from the CCF, and information between the 
Safety Officer and support vessels will be relayed via Tower Control.

Post-Mission Monitoring

    During post-mission monitoring, PSOs would survey the mission site 
for any dead or injured marine mammals. Vessels will move into the 
survey area from outside the safety zone and monitor for at least 30 
minutes,

[[Page 24093]]

concentrating on the area down current of the test site. The duration 
of post-mission surveys is based on the survey platforms used and any 
potential time lapse between the last detonation and the beginning of 
the post-mission survey. This lapse typically occurs when survey 
vessels stationed on the perimeter of the human safety zone are 
required to wait until the range has been declared clear before they 
can begin the survey. Up to 10 USAF support vessels will spend several 
hours in this area collecting debris from damaged targets.
    All vessels will report any dead or injured marine mammals to the 
Lead Biologist. All marine mammal sightings during post-mission surveys 
are documented on report forms that are submitted to the Eglin Natural 
Resources Office after the mission. The post-mission survey area will 
be the area covered in 30 minutes of observation in a direction down-
current from impact site or the actual pre-mission survey area, 
whichever is reached first.
    For gunnery missions, aircrews must conduct post-mission surveys 
beginning at the operational altitude and continuing through an 
orbiting descent to the designated monitoring altitude. The descent 
will typically last approximately 3 to 5 minutes. The post-mission 
survey area will be the area covered in 30 minutes of observation in a 
direction down-current from impact site or the actual pre-mission 
survey area, whichever is reached first. Aircrews will conduct visual 
and instrumentation-based scans during the post-mission survey as 
described for the pre-mission survey.
    As agreed upon between the USAF and NMFS, the required mitigation 
monitoring measures presented in the Mitigation requirements section 
focus on the protection and management of potentially affected marine 
mammals. A well-designed monitoring program can provide important 
feedback for validating assumptions made in analyses and allow for 
adaptive management of marine resources.

Acoustic Monitoring

    The USAF will conduct two NMFS-approved PAM studies, pending the 
availability of funding, as previously described in the response to 
comment 4. As a condition of the 2018-2023 regulations and associated 
LOA, NMFS required the USAF to: (1) conduct a PAM study as an initial 
step toward understanding acoustic impacts of underwater detonations, 
if funding was approved, and (2) conduct a follow-up PAM study to 
investigate marine mammal vocalizations before, during and after live 
missions in the EGTTR. The USAF did conduct the PAM study on underwater 
detonations which was the first of the two-part condition of the 2018-
2023 LOA (Leidos 2020). The study determined that inert underwater 
detonations were generally louder than expected. As a result of these 
findings, the USAF included analyses of impacts of inert munitions in 
the LOA application and NMFS is requiring appropriate mitigation 
measures for inert munitions. Funding was not obtained to commence the 
second part of the study.
    The Marine Mammal Commission recommended as part of this final rule 
and LOA that NMFS require the USAF to prioritize (1) completing the 
follow-up study to the original PAM study which is described above and 
(2) further investigate ways to supplement its mitigation measures with 
the use of real-time PAM devices (i.e., sonobuoys or hydrophones) of 
any final rule issued, similar to the previous final rule. NMFS 
concurred with these recommendations. Both of these actions are 
contingent upon the availability of funding and both studies must be 
approved by NMFS.

Adaptive Management

    NMFS may modify (including augment) the existing mitigation, 
monitoring, or reporting measures (after consulting with Eglin AFB 
regarding the practicability of the modifications) if doing so creates 
a reasonable likelihood of more effectively accomplishing the goals of 
the mitigation and monitoring measures for these regulations.
    Possible sources of data that could contribute to the decision to 
modify the mitigation, monitoring, or reporting measures in an LOA 
include: (1) Results from Eglin AFB's acoustic monitoring study; (2) 
results from monitoring during previous year(s); (3) results from other 
marine mammal and/or sound research or studies; and (4) any information 
that reveals marine mammals may have been taken in a manner, extent or 
number not authorized by these regulations or subsequent LOAs.
    If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are substantial, NMFS 
will publish a notice of proposed LOA in the Federal Register and 
solicit public comment. If, however, NMFS determines that an emergency 
exists that poses a significant risk to the well-being of the species 
or stocks of marine mammals in the Gulf of Mexico, an LOA may be 
modified without prior notice or opportunity for public comment. Notice 
would be published in the Federal Register within 30 days of the 
action.

Reporting Requirements

    Section 101(a)(5)(A) of the MMPA states that, in order to issue 
incidental take authorization for an activity, NMFS must set forth 
requirements pertaining to the monitoring and reporting of such taking. 
Effective reporting is critical both to compliance as well as to 
ensuring that the most value is obtained from the required monitoring.
    A summary annual report of marine mammal observations and mission 
activities must be submitted to the NMFS Southeast Regional Office and 
the NMFS Office of Protected Resources 90 days after completion of 
mission activities each year. A final report shall be prepared and 
submitted within 30 days following resolution of comments on the draft 
report from NMFS. This annual report must include the following 
information:
     Date, time and location of each mission including mission-
day category, general munition type, and specific munitions used;
     Complete description of the pre-mission and post-mission 
monitoring activities including type and location of monitoring 
platforms utilized (i.e., vessel-, aerial or video-based);
     Summary of mitigation measures employed including 
postponements, relocations, or cancellations of mission activity;
     Number, species, and any other relevant information 
regarding marine mammals observed and estimated exposed/taken during 
activities;
     Description of the observed behaviors (in both presence 
and absence of test activities);
     Environmental conditions when observations were made, 
including visibility, air temperature, clouds, wind speed, and swell 
height and direction;
     Assessment of the implementation and effectiveness of 
mitigation and monitoring measures; and
     PSO observation results as provided through the use of PSO 
report forms.
    A Final Comprehensive Report summarizing monitoring and mitigation 
activities over the 7-year LOA effective period must be submitted 90 
days after the completion of mission activities at the end of year 7.
    If a dead or seriously injured marine mammal is found during post-
mission monitoring, the incident must be reported to the NMFS Office of 
Protected Resources, NMFS Southeast Region Marine Mammal Stranding 
Network, and the Florida Marine Mammal Stranding Network. In the 
unanticipated event that any cases of

[[Page 24094]]

marine mammal mortality are judged to result from missions in the EGTTR 
at any time during the period covered by the LOA, this will be reported 
to NMFS Office of Protected Resources and the National Marine Fisheries 
Service's Southeast Regional Administrator. The report must include the 
following information:
    1. Time and date of the incident;
    2. Description of the incident;
    3. Environmental conditions (e.g., wind speed and direction, cloud 
cover, and visibility);
    4. Species identification or description of the animal(s) involved;
    5. Fate of the animal(s); and
    6. Photographs or video footage of the animal(s).
    Mission activities must not resume in the EGTTR until NMFS is able 
to review the circumstances of the prohibited take. If it is determined 
that the unauthorized take was caused by mission activities, NMFS will 
work with the USAF to determine what measures are necessary to minimize 
the likelihood of further prohibited take and ensure MMPA compliance. 
The USAF may not resume their activities until notified by NMFS.

Past Monitoring Results in the EGTTR

    Eglin AFB has submitted to NMFS annual reports that summarize the 
results of protected species surveys conducted for EGTTR missions. From 
2010 to 2021, Eglin AFB conducted 67 gunnery missions in the EGTTR. To 
date, there has been no evidence that marine mammals have been impacted 
from gunnery operations conducted in the EGTTR. The use of 
instrumentation on the AC-130 and CV-22 in pre-mission surveys has 
proven effective to ensure the mission site is clear of protected 
species prior to gun firing. Monitoring altitudes during pre-mission 
surveys for both the AC-130 and CV-22 are much lower than 15,000 ft 
(4,572 m); therefore, the instrumentation on these aircraft would be 
even more effective at detecting marine species than indicated by 
photographs. From 2013 to 2020, Eglin AFB conducted 25 live missions 
collectively under 53 WEG programs in the EGTTR. From 2016-2021, Eglin 
AFB conducted 16 live bomb missions in the EGTTR. Protected species 
monitoring for these past missions was conducted using a combination of 
vessel-based surveys and live video monitoring from the CCF, as 
described. Pre-mission survey areas for 53 WEG missions were based on 
mission-day categories developed per NMFS's request to account for the 
accumulated energy from multiple detonations. Note that surveys 
conducted for the earlier Maritime Strike missions were based on 
thresholds determined for single detonations; however, these 53 WEG 
missions involved detonations of larger munitions. There has been no 
evidence of mortality, injury, or any other detectable adverse impact 
to any marine mammal from the 53 WEG missions conducted to date. 
Dolphins were sighted within the mitigation zone prior to ordnance 
delivery during some of these past missions. In these cases, the 
mission was postponed until the animals were confirmed to be outside 
the mitigation zone. Although monitoring during and following munitions 
use is limited to observable impacts within and in the vicinity of the 
mission area, the lack of any past evidence of any associated impacts 
on marine mammals is an indication that the monitoring and mitigation 
measures implemented for EGTTR operations are effective.
    Eglin AFB submitted annual reports required under the existing LOA 
from 2018-2021. Although marine mammals were sighted on a number of 
mission days, usually during pre-and post-mission surveys, Eglin AFB 
concluded that no marine mammal takes occurred as a result of any 
mission activities from 2018-2021. The annual monitoring reports are 
available at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-air-force-testing-and-training-activities-eglin-gulf-test.

Analysis and Negligible Impact Determination

    NMFS has defined negligible impact 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 (i.e., population-
level effects) (50 CFR 216.103). An estimate of the number of takes 
alone is not enough information on which to base an impact 
determination. In considering how Level A harassment or Level B 
harassment factor into the negligible impact analysis, in addition to 
considering the number of estimated takes, NMFS considers other 
factors, such as the likely nature of any responses (e.g., intensity, 
duration), the context of any responses (e.g., critical reproductive 
time or location, migration), as well as effects on habitat, and the 
likely effectiveness of the mitigation. Consistent with the 1989 
preamble for NMFS' implementing regulations (54 FR 40338, September 29, 
1989), the impacts from other past and ongoing anthropogenic activities 
are incorporated into this analysis via their impacts on the baseline 
(e.g., as reflected in the regulatory status of the species, population 
size and growth rate where known).
    In the Estimated Take of Marine Mammals section of this final rule, 
we identified the subset of potential effects that are reasonably 
expected to occur and rise to the level of takes based on the methods 
described. The impact that any given take will have on an individual, 
and ultimately the species or stock, is dependent on many case-specific 
factors that need to be considered in the negligible impact analysis 
(e.g., the context of behavioral exposures such as duration or 
intensity of a disturbance, the health of impacted animals, the status 
of a species that incurs fitness-level impacts to individuals, etc.). 
For this final rule, we evaluated the likely impacts of the number of 
harassment takes reasonably expected to occur, and authorized for take, 
in the context of the specific circumstances surrounding these 
predicted takes. Last, we collectively evaluated this information, as 
well as other more taxa-specific information and mitigation measure 
effectiveness, to support our negligible impact conclusions for each 
species and stock.
    As explained in the Estimated Take of Marine Mammals section, no 
take by serious injury or mortality is anticipated or authorized. 
Further, any Level A harassment would be expected to be in the form of 
PTS; no non-auditory injury is anticipated or authorized.
    The Specified Activities reflect maximum levels of training and 
testing activities. The Description of the Specified Activity section 
describes annual activities. There may be some flexibility in the exact 
number of missions that may vary from year to year, but take totals 
will not exceed the maximum annual numbers or the 7-year totals 
indicated in Table 34. We base our analysis and negligible impact 
determination on the maximum number of takes that are reasonably 
expected to occur and that are authorized, although, as stated before, 
the number of takes are only a part of the analysis, which includes 
qualitative consideration of other contextual factors that influence 
the degree of impact of the takes on the affected individuals. To avoid 
repetition, in this Analysis and Negligible Impact Determination 
section we provide some general analysis that applies to all the 
species and stocks listed in Table 34, given that some of the 
anticipated effects of the USAF's training and testing activities on 
marine mammals are expected to be relatively similar in nature. Next, 
we break up our

[[Page 24095]]

analysis by species and stock, to provide more specific information 
related to the anticipated effects on individuals of that species and 
to discuss where there is information about the status or structure of 
any species that would lead to a differing assessment of the effects on 
the species.
    The USAF's take request, which, as described above, is for 
harassment only, is based on its acoustic effects model. The model 
calculates sound energy propagation from explosive and inert munitions 
during training and testing activities in the EGTTR. The munitions 
planned to be used by each military unit were grouped into mission-day 
categories so the acoustic impact analysis could be based on the total 
number of detonations conducted during a given mission to account for 
the accumulated energy from multiple detonations over a 24-hour period. 
A total of 19 mission-day categories were developed for the munitions 
planned to be used. Using the dBSea underwater acoustic model and 
associated analyses, the threshold distances and harassment zones were 
estimated for each mission-day category for each marine mammal species. 
Takes were estimated based on the area of the harassment zones, 
predicted animal density, and annual number of events for each mission-
day category. To assess the potential impacts of inert munitions on 
marine mammals, the planned inert munitions were categorized into four 
classes based on their impact energies, and the threshold distances for 
each class were modeled and calculated as described for the mission-day 
categories. Assumptions in the USAF model intentionally err on the side 
of overestimation. For example, the model conservatively assumes that 
(1) the water surface is flat (no waves) to allow for maximum energy 
reflectivity; (2) munitions striking targets confer all weapon energy 
into underwater acoustic energy; and (3) above or at surface explosions 
assume no energy losses from surface effects (e.g., venting which 
dissipates energy through the ejection of water and release of 
detonation gasses into the atmosphere).
    Generally speaking, the USAF and NMFS anticipate more severe 
effects from takes resulting from exposure to higher received levels 
(though this is in no way a strictly linear relationship for behavioral 
effects throughout species, individuals, or circumstances) and less 
severe effects from takes resulting from exposure to lower received 
levels. However, there is also growing evidence of the importance of 
distance in predicting marine mammal behavioral response to sound--
i.e., sounds of a similar level emanating from a more distant source 
have been shown to be less likely to evoke a response of equal 
magnitude (DeRuiter 2012, Falcone et al. 2017). The estimated number of 
Level A harassment and Level B harassment takes does not necessarily 
equate to the number of individual animals the USAF expects to harass 
(which is likely slightly lower). Rather, the estimates are for the 
instances of take (i.e., exposures above the Level A harassment and 
Level B harassment threshold) that are anticipated to occur annually 
and over the 7-year period. Some of the enumerated instances of 
exposure could potentially represent exposures of the same individual 
marine mammal on different days, meaning that the number of individuals 
taken is less than the number of instances of take, but the nature of 
the activities in this rule (e.g., short duration, intermittent) and 
the distribution and behavior of marine mammals in the area do not 
suggest that any single marine mammal would likely be taken on more 
than a few days within a year.
    Explosive events may be a single event involving one explosion 
(single exposure) or a series of intermittent explosives (multiple 
explosives) occurring over the course of a day. Gunnery events, in some 
cases, may have longer durations of exposure to intermittent sound. In 
general, gunnery events can last intermittently up to 90 minutes total, 
but typically lasts approximately 30 minutes. Live firing is 
continuous, with pauses usually lasting well under 1 minute and rarely 
up to 5 minutes. Takes may represent either brief exposures (seconds) 
or, slightly longer exposures, or, in some cases, multiple brief 
exposures, within a day. Most explosives detonating at or near the 
surface have brief exposures lasting only a few milliseconds to minutes 
for the entire event.

Behavioral Disturbance

    Behavioral reactions from explosive sounds are likely to be similar 
to reactions studied for other impulsive sounds such as those produced 
by air guns. Impulsive signals, particularly at close range, have a 
rapid rise time and higher instantaneous peak pressure than other 
signal types, making them more likely to cause startle responses or 
avoidance responses. Most data has come from seismic surveys that occur 
over long durations (e.g., on the order of days to weeks), and 
typically utilize large multi-air gun arrays that fire repeatedly. 
While seismic air gun data provides the best available science for 
assessing behavioral responses to impulsive sounds (i.e., sounds from 
explosives) by marine mammals, it is likely that these responses 
represent a worst-case scenario compared to most USAF explosive noise 
sources, because the overall duration of exposure to a seismic airgun 
survey would be expected to be significantly longer than the exposure 
to sounds from any exercise using explosives, given the typical 
duration and impact zones of seismic airguns as compared to the 
majority of the detonations contemplated for this action.
    Take estimates alone do not provide information regarding the 
potential fitness or other biological consequences of the reactions on 
the affected individuals. NMFS therefore considers the available 
activity-specific, environmental, and species-specific information to 
determine the likely nature of the behavioral disturbances and the 
potential fitness consequences for affected individuals.
    In the range of potential behavioral effects that might be expected 
to be part of a response that qualifies as an instance of Level B 
harassment by behavioral disturbance (which by nature of the way it is 
modeled/counted, occurs within one day), the less severe end might 
include exposure to comparatively lower levels of a sound, at a 
detectably greater distance from the animal, for a few or several 
minutes. A less severe exposure of this nature could result in a 
behavioral response such as avoiding an area that an animal would 
otherwise have chosen to move through or feed in for some amount of 
time or breaking off one or a few feeding bouts. More severe effects 
could occur when the animal gets close enough to the source to receive 
a comparatively higher level, or is exposed intermittently to different 
sources throughout a day. Such effects might result in an animal having 
a more severe flight response and leaving a larger area for a day or 
more or potentially losing feeding opportunities for a day. However, 
such severe behavioral effects are expected to occur infrequently since 
monitoring and mitigation requirements would limit exposures to marine 
mammals. Additionally, previous marine mammal monitoring efforts in the 
EGTTR over a number of years have not demonstrated any impacts on 
marine mammals.
    The majority of Level B harassment takes are expected to be in the 
form of milder responses (i.e., lower-level exposures that still rise 
to the level of take) of a generally shorter duration due to lower 
received levels that would occur at greater distances from the 
detonation site due to required monitoring and mitigation efforts. For 
example, the largest munitions (e.g.,

[[Page 24096]]

mission-day category A with 2,413 lb (1.094.6 kg) NEWi) feature up to 
10 intermittent explosions over several hours. However, it is likely 
that animals would not be present in the PTS or TTS zones due to 
mitigation efforts, and this activity would occur on only a single day 
per year. Gunnery missions may last continuously up to 90 minutes, but 
most will be less than 30 minutes and the NEWi of such missions (i.e., 
191.6 to 61.1 lb (86.9 to 27.7 kg)) are relatively small. We anticipate 
more severe effects from takes when animals are exposed to higher 
received levels or at closer proximity to the source. However, 
depending on the context of an exposure (e.g., depth, distance, if an 
animal is engaged in important behavior such as feeding), a behavioral 
response can vary across species and individuals within a species. 
Specifically, given a range of behavioral responses that may be 
classified as Level B harassment, to the degree that higher received 
levels are expected to result in more severe behavioral responses, only 
a smaller percentage of the anticipated Level B harassment from USAF 
activities would be expected to potentially result in more severe 
responses. To fully understand the likely impacts of the predicted/
authorized take on an individual (i.e., what is the likelihood or 
degree of fitness impacts), one must look closely at the available 
contextual information presented above, such as the duration of likely 
exposures and the likely severity of the exposures (e.g., whether they 
will occur for a longer duration over sequential days or the 
comparative sound level that will be received). Ellison et al. (2012) 
and Moore and Barlow (2013), among others, emphasize the importance of 
context (e.g., behavioral state of the animals, distance from the sound 
source) in evaluating behavioral responses of marine mammals to 
acoustic sources.

Diel Cycle

    Many animals perform vital functions, such as feeding, resting, 
traveling, and socializing, on a diel cycle (24-hour cycle). Behavioral 
reactions to noise exposure (such as disruption of critical life 
functions, displacement, or avoidance of important habitat) are more 
likely to be significant for fitness if they last more than one diel 
cycle or recur on subsequent days (Southall et al. 2007). Consequently, 
a behavioral response lasting less than one day and not recurring on 
subsequent days is not considered particularly severe unless it could 
directly affect reproduction or survival (Southall et al. 2007). It is 
important to note the difference between behavioral reactions lasting 
or recurring over multiple days and anthropogenic activities lasting or 
recurring over multiple days (e.g., vessel traffic noise). The duration 
of USAF activities utilizing explosives vary by mission category and 
weapon type. There are a maximum of 230 mission days planned in any 
given year, assuming every mission category utilizes all of their 
allotted mission days.
    Many mission days feature only a single or limited number of 
explosive munitions. Explosive detonations on such days would likely 
last only a few seconds. There are likely to be days or weeks that pass 
without mission activities. Because of their short activity duration 
and the fact that they are in the open ocean and animals can easily 
move away, it is similarly unlikely that animals would be exposed for 
long, continuous amounts of time, or repeatedly, or demonstrate 
sustained behavioral responses. All of these factors make it unlikely 
that individuals would be exposed to the exercise for extended periods 
or on consecutive days.

Temporary Threshold Shift

    NMFS and the USAF have estimated that some species and stocks of 
marine mammals may sustain some level of TTS from explosive 
detonations. In general, TTS can last from a few minutes to days, be of 
varying degree, and occur across various frequency bandwidths, all of 
which determine the severity of the impacts on the affected individual, 
which can range from minor to more severe. Explosives are generally 
referenced as broadband because of the various frequencies. Table 31 
indicates the number of takes by TTS that may be incurred by different 
species from exposure to explosives. The TTS sustained by an animal is 
primarily classified by three characteristics:
    1. Frequency--Available data (of mid-frequency hearing specialists 
exposed to mid- or high-frequency sounds; Southall et al., 2007) 
suggest that most TTS occurs in the frequency range of the source up to 
one octave higher than the source (with the maximum TTS at one-half 
octave above). TTS from explosives would be broadband.
    2. Degree of the shift (i.e., by how many dB the sensitivity of the 
hearing is reduced)--Generally, both the degree of TTS and the duration 
of TTS will be greater if the marine mammal is exposed to a higher 
level of energy (which would occur when the peak dB level is higher or 
the duration is longer). The threshold for the onset of TTS was 
discussed previously in this final rule. An animal would have to 
approach closer to the source or remain in the vicinity of the sound 
source appreciably longer to increase the received SEL. The sound 
resulting from an explosive detonation is considered an impulsive sound 
and shares important qualities (i.e., short duration and fast rise 
time) with other impulsive sounds such as those produced by air guns. 
Given the anticipated duration and levels of sound exposure, we would 
not expect marine mammals to incur more than relatively low levels of 
TTS (i.e., single digits of sensitivity loss).
    3. Duration of TTS (recovery time)--In the TTS laboratory studies 
(as discussed in the Potential Effects of Specified Activities on 
Marine Mammals and their Habitat section of the proposed rule), some 
using exposures of almost an hour in duration or up to 217 SEL, almost 
all individuals recovered within 1 day (or less, often in minutes), 
although in one study (Finneran et al. 2007) recovery took 4 days. For 
the same reasons discussed in the Analysis and Negligible Impact 
Determination--Diel Cycle section, and because of the short distance 
animals would need to be from the sound source, it is unlikely that 
animals would be exposed to the levels necessary to induce TTS in 
subsequent time periods such that their recovery is impeded.
    The TTS takes would be the result of exposure to explosive 
detonations (broad-band). As described above, we expect the majority of 
these takes to be in the form of mild (single-digit), short-term 
(minutes to hours) TTS. This means that for one time a year, for 
several minutes, a taken individual will have slightly diminished 
hearing sensitivity (slightly more than natural variation, but nowhere 
near total deafness). The expected results of any one of these small 
number of mild TTS occurrences could be that (1) it does not overlap 
signals that are pertinent to that animal in the given time period, (2) 
it overlaps parts of signals that are important to the animal, but not 
in a manner that impairs interpretation, or (3) it reduces 
detectability of an important signal to a small degree for a short 
amount of time--in which case the animal may be aware and be able to 
compensate (but there may be slight energetic cost), or the animal may 
have some reduced opportunities (e.g., to detect prey) or reduced 
capabilities to react with maximum effectiveness (e.g., to detect a 
predator or navigate optimally). However, given the small number of 
times that any individual might incur TTS, the low degree of TTS and 
the short anticipated duration, and the low likelihood that one of 
these instances would occur across a time

[[Page 24097]]

period in which the specific TTS overlapped the entirety of a critical 
signal, it is unlikely that TTS of the nature expected to result from 
the USAF's activities would result in behavioral changes or other 
impacts that would impact any such individual's reproduction or 
survival.

Auditory Masking

    The ultimate potential impacts of masking on an individual (if it 
were to occur) are similar to those discussed for TTS, but an important 
difference is that masking only occurs during the time of the signal, 
versus TTS, which continues beyond the duration of the signal. 
Fundamentally, masking is referred to as a chronic effect because one 
of the key potential harmful components of masking is its duration--the 
fact that an animal would have reduced ability to hear or interpret 
critical cues becomes much more likely to cause a problem the longer it 
is occurring. Also inherent in the concept of masking is the fact that 
the potential for the effect is only present during the times that the 
animal and the source are in close enough proximity for the effect to 
occur (and further, this time period would need to coincide with a time 
that the animal was utilizing sounds at the masked frequency). As our 
analysis has indicated, because of the sound sources primarily involved 
in this rule, we do not expect the exposures with the potential for 
masking to be of a long duration. Masking is fundamentally more of a 
concern at lower frequencies, because low frequency signals propagate 
significantly further than higher frequencies and because they are more 
likely to overlap both the narrower low-frequency calls of mysticetes, 
as well as many non-communication cues, such as sounds from fish and 
invertebrate prey and geologic sounds that inform navigation. Masking 
is also more of a concern from continuous (versus intermittent) sources 
when there is no quiet time between a sound source within which 
auditory signals can be detected and interpreted. Explosions introduce 
low-frequency, broadband sounds into the environment, which could 
momentarily mask hearing thresholds in animals that are nearby, 
although sounds from missile and bomb explosions last for only a few 
seconds. Sound from gunnery ammunition, however, can last up to 90 
minutes, although a 30-minute duration is more typical. Masking due to 
these relatively short duration detonations would not be significant. 
Effects of masking are only present when the sound from the explosion 
is present, and the effect is over the moment the sound is no longer 
detectable. Therefore, short-term exposure to the predominantly 
intermittent or single explosions are not expected to result in a 
meaningful amount of masking. For the reasons described here, any 
limited masking that could potentially occur from explosives would be 
minor, short-term and intermittent. Long-term consequences from 
physiological stress due to the sound of explosives would not be 
expected. In conclusion, masking is more likely to occur in the 
presence of broadband, relatively continuous noise sources, such as 
from vessels; however, the duration of temporal and spatial overlap 
with any individual animal would not be expected to result in more than 
short-term, low impact masking that would not affect reproduction or 
survival of individuals.

Auditory Injury (Permanent Threshold Shift)

    Table 42 indicates the number of individuals of each species for 
which Level A harassment in the form of PTS resulting from exposure to 
or explosives is estimated to occur. The number of individuals to 
potentially incur PTS annually from explosives for each species ranges 
from 0 (Rice's whale) to 9 (bottlenose dolphin). As described 
previously, no species are expected to incur non-auditory injury from 
explosives.
    As discussed previously, the USAF utilizes aerial, vessel and video 
monitoring to detect marine mammals for mitigation implementation, 
which is not taken into account when estimating take by PTS. Therefore, 
NMFS expects that Level A harassment is unlikely to occur at the 
authorized numbers. However, since it is difficult to quantify the 
degree to which the mitigation and avoidance will reduce the number of 
animals that might incur Level A harassment, NMFS plans to authorize 
take by Level A harassment at the numbers derived from the exposure 
model. These estimated Level A harassment take numbers represent the 
maximum number of instances in which marine mammals would be reasonably 
expected to incur PTS, and we have analyzed them accordingly. In 
relation to TTS, the likely consequences to the health of an individual 
that incurs PTS can range from mild to more serious depending upon the 
degree of PTS and the frequency band. Any PTS accrued as a result of 
exposure to USAF activities would be expected to be of a small amount 
(i.e., few dBs) due to required monitoring and mitigation measures. 
Permanent loss of some degree of hearing is a normal occurrence for 
older animals, and many animals are able to compensate for the shift, 
both in old age or at younger ages as the result of stressor exposure 
(Green et al. 1987; Houser et al. 2008; Ketten 2012). While a small 
loss of hearing sensitivity may include some degree of energetic costs 
for compensating or may mean some small loss of opportunities or 
detection capabilities, at the expected scale it would be unlikely to 
impact behaviors, opportunities, or detection capabilities to a degree 
that would interfere with reproductive success or survival of any 
individuals.

Physiological Stress Response

    Some of the lower level physiological stress responses (e.g., 
orientation or startle response, change in respiration, change in heart 
rate) discussed in the Potential Effects of Specified Activities on 
Marine Mammals and their Habitat would likely co-occur with the 
predicted harassments, although these responses are more difficult to 
detect and fewer data exist relating these responses to specific 
received levels of sound. However, we would not expect the USAF's 
generally short-term and intermittent activities to create conditions 
of long-term, continuous noise leading to long-term physiological 
stress responses in marine mammals that could affect reproduction or 
survival.

Assessing the Number of Individuals Taken and the Likelihood of 
Repeated Takes

    The estimated takes by Level B harassment shown in Table 40 
represent instances of take, not the number of individuals taken (the 
much lower and less frequent takes by Level A harassment are far more 
likely to be associated with separate individuals). As described 
previously, USAF modeling uses the best available science to predict 
the instances of exposure above certain acoustic thresholds, which are 
quantified as harassment takes. However, these numbers from the model 
do not identify whether and when the enumerated instances occur to the 
same individual marine mammal on different days, or how any such 
repeated takes may impact those individuals. One method that NMFS can 
use to help better understand the overall scope of the impacts is to 
compare the total instances of take against the abundance of that 
species (or stock if applicable). For example, if there are 100 
estimated harassment takes in a population of 100, one can assume 
either that every individual will be exposed above acoustic thresholds 
in no more than 1 day, or that some smaller number will be exposed in 
one day but

[[Page 24098]]

a few individuals will be exposed multiple days within a year and a few 
not exposed at all. Abundance percentage comparisons are less than 8 
percent for all authorized species and stocks. This information in 
combination with the nature of the activities suggests that: (1) not 
all of the individuals will be taken, and many will not be taken at 
all; (2) barring specific circumstances suggesting repeated takes of 
individuals, the average or expected number of days taken for those 
individuals taken is likely one per year; and (3) we would not expect 
any individuals to likely be taken more than a few times in a year. 
There are often extended periods of days or even weeks between 
individual mission days, although a small number of mission-days may 
occur consecutively. Marine mammals authorized for take in this area of 
the Gulf of Mexico have expansive ranges and are unlikely to congregate 
in a small area that would be subject to repeated mission-related 
exposures for an extended time.

  Table 40--Annual Authorized Takes by Level A and Level B Harassment for Marine Mammals in the EGTTR and the Number Indicating the Instances of Total
                                                         Take as a Percentage of Stock Abundance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Annual take by Level A and
                                                                                        Level B harassment                                  Takes as a
                  Common name                               Stock/DPS            -------------------------------  Total      Abundance     percentage of
                                                                                   Behavioral                      take     (2021 SARs)      abundance
                                                                                  disturbance    TTS      PTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Common bottlenose dolphin.....................  Northern Gulf of Mexico                   817      319        9     1145          63,280             1.8
                                                 Continental Shelf.
Atlantic spotted dolphin......................  Northern Gulf of Mexico.........          100       39        1      140          21,506             0.6
Rice's whale *................................  ................................            4        2        0        6              51            11.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
* ESA-listed species in EGTTR.

    To assist in understanding what this analysis means, we clarify a 
few issues related to estimated takes and the analysis here. An 
individual that incurs PTS or TTS may sometimes, for example, also be 
subject to direct behavioral disturbance at the same time. As described 
above in this section, the degree of PTS, and the degree and duration 
of TTS, expected to be incurred from the USAF's activities are not 
expected to impact marine mammals such that their reproduction or 
survival could be affected. Similarly, data do not suggest that a 
single instance in which an animal incurs PTS or TTS and also has an 
additional direct behavioral response would result in impacts to 
reproduction or survival. Accordingly, in analyzing the numbers of 
takes and the likelihood of repeated and sequential takes, we consider 
all the types of take, so that individuals potentially experiencing 
both threshold shift and direct behavioral responses are appropriately 
considered. The number of Level A harassment takes by PTS are so low 
for dolphin species (and zero for Rice's whale) compared to abundance 
numbers that it is considered highly unlikely that any individual would 
be taken at those levels more than once.
    Occasional, milder behavioral reactions are unlikely to cause long-
term consequences for individual animals or populations, and even if 
some smaller subset of the takes are in the form of longer (several 
hours or a day) and more severe responses, if they are not expected to 
be repeated over sequential days, impacts to individual fitness are not 
anticipated. Nearly all studies and experts agree that infrequent 
exposures of a single day or less are unlikely to impact an 
individual's overall energy budget (Farmer et al. 2018; Harris et al. 
2017; NAS 2017; New et al. 2014; Southall et al. 2007; Villegas-Amtmann 
et al. 2015).

Impacts to Marine Mammal Habitat

    Any impacts to marine mammal habitat are expected to be relatively 
minor. Noise and pressure waves resulting from live weapon detonations 
are not likely to result in long-term physical alterations of the water 
column or ocean floor. These effects are not expected to substantially 
affect prey availability, are of limited duration, and are 
intermittent. Impacts to marine fish were analyzed in our Potential 
Effects of Specified Activities on Marine Mammals and their Habitat 
section as well as in the 2022 REA (USAF 2022). NMFS acknowledges that 
explosive detonations can impact both fish and invertebrate prey 
sources in manners ranging from behavioral disturbance to mortality for 
animals that are very close to the source. However, as described in the 
analysis, these impacts are expected to be short term and localized and 
would be inconsequential to the fish and invertebrate populations and 
to the marine mammals that use them as prey. In the REA, it was 
determined that fish populations were unlikely to be affected and prey 
availability for marine mammals would not be impaired. Other factors 
related to EGTTR activities that could potentially affect marine mammal 
habitat include the introduction of metals, explosives and explosion 
by-products, other chemical materials, and debris into the water column 
and substrate due to the use of munitions and target vessels. However, 
the effects of each were analyzed in the REA and were determined to be 
not significant.

Species/Stock-Specific Analyses

    This section builds on the broader discussion above and brings 
together the discussion of the different types and amounts of take that 
different species are likely to incur, the applicable mitigation, and 
the status of the species to support the negligible impact 
determinations for each species. We have described (above in the 
Analysis and Negligible Impact Determination section) the unlikelihood 
of any masking having effects that would impact the reproduction or 
survival of any of the individual marine mammals affected by the USAF's 
activities. We also described in the Potential Effects of Specified 
Activities on Marine Mammals and their Habitat section of this final 
rule the unlikelihood of any habitat impacts having effects that would 
impact the reproduction or survival of any of the individual marine 
mammals affected by the USAF's activities. There is no predicted non-
auditory tissue damage from explosives for any species, and limited 
takes of dolphin species by PTS are predicted. Much of the discussion 
below focuses on the Level B harassment (behavioral disturbance and 
TTS) and the mitigation measures that reduce the probability or 
severity of effects. Because there are species-specific considerations, 
these are discussed below where necessary.

Rice's Whale

    The Gulf of Mexico Bryde's whale was listed as an endangered 
subspecies under the ESA in 2019. NMFS revised the common and 
scientific name of the

[[Page 24099]]

listed animal in 2021 to Rice's whale and classification to a separate 
species to reflect the new scientifically accepted taxonomy and 
nomenclature. NMFS has identified the core distribution area in the 
northern Gulf of Mexico where the Rice's whale is primarily found and, 
further, LaBreque et al. (2015) identify the area as a small and 
resident BIA. The Rice's whale has a very small estimated population 
size (51, Hayes et al. 2021) with limited distribution.
    NMFS is proposing to allow for the authorization of two annual 
takes of Rice's whale by Level B harassment in the form of TTS and four 
annual takes by Level B harassment in the form of behavioral 
disturbance. The implementation of the required mitigation is expected 
to minimize the severity of any behavioral disturbance and TTS of 
Rice's whales. Monitoring reports under the LOA effective from 2018 
through 2021 have not recorded take of any marine mammals. Only 
bottlenose dolphins have been observed, and there have not been 
sightings of whales of any species.
    Rice's whale will benefit from the required mitigation measures to 
limit impacts to the species. As a mitigation measure to prevent any 
PTS and limit TTS and behavioral impacts to the Rice's whale, the USAF 
will restrict the use of live munitions in the western part of each LIA 
based on the setbacks from the 100-m isobath presented earlier. The 
USAF will also prohibit the use of inert munitions in Rice's whale 
habitat (100-400 m depth) throughout the EGTTR. The less impactful 105 
mm Training Round must be used by the USAF for nighttime missions and 
all gunnery missions must be conducted 500 m landward of the 100-m 
isobath. Furthermore, depending on the mission category, vessel-based, 
aerial, or video feed monitoring would be required. Noise from 
explosions is broadband with most energy below a few hundred Hz; 
therefore, any reduction in hearing sensitivity from exposure to 
explosive sounds is likely to be broadband with effects predominantly 
at lower frequencies. The limited number of Rice's whales, estimated to 
be two animals, that do experience TTS from exposure to explosives may 
have reduced ability to detect biologically important sounds (e.g., 
social vocalizations). However, any TTS that would occur would be of 
short duration (minutes to hours).
    Research and observations show that if mysticetes are exposed to 
impulsive sounds such as those from explosives, they may react in a 
variety of ways, which may include alerting, startling, breaking off 
feeding dives and surfacing, diving or swimming away, changing 
vocalization, or showing no response at all (Department of Defense 
(DOD) 2017; Nowacek 2007; Richardson 1995; Southall et al. 2007). 
Overall, and in consideration of the context for an exposure, 
mysticetes have been observed to be more reactive to acoustic 
disturbance when a noise source is located directly in their path or 
the source is nearby (somewhat independent of the sound level) (Dunlop 
et al. 2016; Dunlop et al. 2018; Ellison et al. 2011; Friedlaender et 
al. 2016; Henderson et al. 2019; Malme et al. 1985; Richardson et al. 
1995; Southall et al. 2007a). Animals disturbed while engaged in 
feeding or reproductive behaviors may be more likely to ignore or 
tolerate the disturbance and continue their natural behavior patterns. 
Because noise from most activities using explosives is short term and 
intermittent, and because detonations usually occur within a small area 
(most of which are set back from the primary area of Rice's whale use), 
behavioral reactions from Rice's whales, if they occur at all, are 
likely to be short term and of little to no significance.
    As described, extensive operational and time/area mitigation 
measures for Rice's whales are expected to minimize the impacts of 
military testing and training activities to Rice's whales. The 
anticipated and authorized take of Rice's whale is of a low magnitude 
and severity that is not expected to impact the reproduction or 
survival of any individuals, much less population rates of recruitment 
or survival. Accordingly, we have found that the take authorized under 
the rule will have a negligible impact on Rice's whales.

Delphinids

    Neither the common bottlenose dolphin (Northern Gulf of Mexico 
continental shelf stock) or Atlantic spotted dolphin (Gulf of Mexico 
stock) are listed as strategic or depleted under the MMPA, and no 
active unusual mortality events (UME) have been declared. No mortality 
or non-auditory injury is predicted or authorized for either of these 
species. There are no areas of known biological significance for 
dolphins in the EGTTR. Repeated takes of the same individual animals 
would be unlikely. The number of PTS takes from the planned activities 
are low (one for Atlantic spotted dolphin; nine for common bottlenose 
dolphin). Because of the low degree of PTS discussed previously (i.e., 
low amount of hearing sensitivity loss), it is unlikely to affect 
reproduction or survival of any individuals. Regarding the severity of 
individual takes by Level B harassment by behavioral disturbance, we 
have explained the duration of any exposure is expected to be between 
seconds and minutes (i.e., relatively short duration) and the severity 
of takes by TTS are expected to be low-level, of short duration and not 
at a level that will impact reproduction or survival.
    As described, the authorized take of dolphins is of a low magnitude 
and severity such that it is not expected to impact the reproduction or 
survival of any individuals, much less population rates of recruitment 
or survival. Accordingly, we have found that the take authorized under 
the final rule will have a negligible impact on common bottlenose 
dolphins and Atlantic spotted dolphins.

Determination

    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, NMFS finds that 
the total marine mammal take from the specified activities will have a 
negligible impact on all affected marine mammal species. In addition, 
as described previously, the USAF's implementation of monitoring and 
mitigation measures would further reduce impacts to marine mammals.

Unmitigable Adverse Impact Determination

    There are no relevant subsistence uses of the affected marine 
mammal stocks or species implicated by this action. Therefore, NMFS has 
determined that the total taking of affected species or stocks would 
not have an unmitigable adverse impact on the availability of the 
species or stocks for taking for subsistence purposes.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, NMFS 
has adopted the Range Environmental Assessment (USAF 2022) developed by 
the USAF to consider the direct, indirect and cumulative effects to the 
human environment resulting from the USAF's action. The draft 2022 REA 
was made available for public comment on December 13, 2022, through 
January 28, 2023. In compliance with the National Environmental Policy 
Act (NEPA) and the Council on Environmental Quality (CEQ) regulations, 
as well as NOAA Administrative Order 216-6, NMFS has reviewed the 
USAF's REA, determined it to be sufficient, adopted that REA and

[[Page 24100]]

signed a Finding of No Significant Impact (FONSI) on April 5, 2023.

Endangered Species Act

    There is one marine mammal species under NMFS jurisdiction that is 
listed as endangered under the ESA (16 U.S.C. 1531 et seq.) for which 
NMFS is authorizing incidental take in the EGTTR; the Rice's whale. The 
USAF consulted with NMFS pursuant to section 7 of the ESA for EGTTR 
activities, and NMFS also consulted internally on the promulgation of 
this rule and the issuance of an LOA under section 101(a)(5)(A) of the 
MMPA. NMFS issued a biological opinion concluding that the promulgation 
of the rule and issuance of a subsequent LOA are not likely to 
jeopardize the continued existence of threatened and endangered species 
under NMFS' jurisdiction. The biological opinion is available at 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities.

National Marine Sanctuaries Act

    There are no National Marine Sanctuaries in the EGTTR that would be 
affected by the USAF's planned activities.

Classification

Executive Order 12866

    The Office of Management and Budget has determined that this final 
rule is not significant for purposes of Executive Order 12866.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (RFA), the Chief Counsel 
for Regulation of the Department of Commerce has certified to the Chief 
Counsel for Advocacy of the Small Business Administration that this 
final rule would not have a significant economic impact on a 
substantial number of small entities. The RFA requires Federal agencies 
to prepare an analysis of a rule's impact on small entities whenever 
the agency is required to publish a notice of proposed rulemaking. 
However, a Federal agency may certify, pursuant to 5 U.S.C. 605(b), 
that the action will not have a significant economic impact on a 
substantial number of small entities. The USAF is the sole entity that 
would be affected by this rulemaking, and the USAF is not a small 
governmental jurisdiction, small organization, or small business, as 
defined by the RFA. Any requirements imposed by an LOA issued pursuant 
to these regulations, and any monitoring or reporting requirements 
imposed by these regulations, would be applicable only to the USAF. 
NMFS does not expect the issuance of these regulations or the 
associated LOA to result in any impacts to small entities pursuant to 
the RFA. Because this action, if adopted, would directly affect the 
USAF and not a small entity, NMFS concludes that the action would not 
result in a significant economic impact on a substantial number of 
small entities. As a result, a final regulatory flexibility analysis is 
not required, and none has been prepared.

Waiver of Delay in Effective Date

    The Assistant Administrator for Fisheries has determined that there 
is good cause under the Administrative Procedure Act (5 U.S.C. 
553(d)(3)) to waive the 30-day delay in the effective date of the final 
rule. The USAF is the only entity subject to the regulations and has 
informed NMFS that it requests that this final rule take effect by 
April 13, 2023, in order to prevent serious disruption of USAF testing 
and training activities that would result from any further delay in 
issuance of the LOA. Any postponement of enacting the final rule would 
(1) undermine 96th Operations Group support to Urgent Operational Need 
(UON/JUON) weapons tests and delay delivery of weapons capabilities to 
the warfighter (this would result in the deferment of four known near-
term test events), and (2) increase costs for multiple programs and 
test events at Eglin AFB, Tyndall AFB, and Hurlburt Field affected by 
the range suspension. The USAF is ready to implement the rule 
immediately. For all of these reasons, the Assistant Administrator 
finds good cause to waive the 30-day delay in the effective date.

List of Subjects in 50 CFR Part 218

    Exports, Fish, Imports, Incidental take, Indians, Labeling, Marine 
mammals, Penalties, Reporting and recordkeeping requirements, Seafood, 
Sonar, Transportation, USAF.

    Dated: April 11, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
218 as follows:

PART 218--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

0
1. Add an authority citation for part 218 to read as follows:

    Authority: 16 U.S.C. 1361 et seq.


0
2. Add subpart G, consisting of Sec. Sec.  218.60 through 218.69, to 
read as follows:

Subpart G--Taking and Importing Marine Mammals; U.S. Air Force's 
Eglin Gulf Test and Training Range (EGTTR)

Sec.
218.60 Specified activity and geographical region.
218.61 Effective dates.
218.62 Permissible methods of taking.
218.63 Prohibitions.
218.64 Mitigation requirements.
218.65 Requirements for monitoring and reporting.
218.66 Letters of Authorization.
218.67 Renewals and modifications of Letters of Authorization.
218.68-218.69 [Reserved]


Sec.  218.60  Specified activity and geographical region.

    (a) Regulations in this subpart apply only to the U.S. Air Force 
(USAF) for the taking of marine mammals that occurs in the area 
described in paragraph (b) of this section and that occurs incidental 
to the activities listed in paragraph (c) of this section.
    (b) The taking of marine mammals by the USAF under this subpart may 
be authorized in a Letter of Authorization (LOA) only if it occurs 
within the Eglin Gulf Test and Training Range (EGTTR). The EGTTR is 
located adjacent to Santa Rosa, Okaloosa, and Walton Counties and 
includes property on Santa Rosa Island and Cape San Blas. The EGTTR is 
the airspace controlled by Eglin Air Force Base (AFB) over the Gulf of 
Mexico, beginning 3 nautical miles (nmi) from shore, and the underlying 
Gulf of Mexico waters. The EGTTR extends southward and westward off the 
coast of Florida and encompasses approximately 102,000 square nautical 
miles (nmi\2\). It is subdivided into blocks of airspace that consist 
of Warning Areas W-155, W-151, W-470, W-168, and W-174 and Eglin Water 
Test Areas 1 through 6. The two primary components of the EGTTR Complex 
are Live Impact Area and East Live Impact Area.
    (c) The taking of marine mammals by the USAF is only authorized if 
it occurs incidental to the USAF conducting training and testing 
activities, including air warfare and surface warfare training and 
testing activities.


Sec.  218.61  Effective dates.

    Regulations in this subpart are effective from April 13, 2023, 
through April 13, 2030.

[[Page 24101]]

Sec.  218.62  Permissible methods of taking.

    (a) Under an LOA issued pursuant to Sec.  216.106 of this 
subchapter and Sec.  218.66, the Holder of the LOA (hereinafter 
``USAF'') may incidentally, but not intentionally, take marine mammals 
within the area described in Sec.  218.60(b) by Level A and Level B 
harassment (defined in section 3(18)(B) of the Marine Mammal Protection 
Act) associated training and testing activities described in Sec.  
218.60(c) provided the activity is in compliance with all terms, 
conditions, and requirements of the regulations in this subpart and the 
applicable LOA.
    (b) The incidental take of marine mammals by the activities listed 
in Sec.  218.60(c) is limited to the species and stocks listed in table 
1 to this paragraph (b). Only Level B Harassment of Rice's whales is 
authorized. Level A Harassment and level B Harassment of the two 
dolphin stocks are authorized.

                        Table 1 to Paragraph (b)
------------------------------------------------------------------------
           Common name              Scientific name          Stock
------------------------------------------------------------------------
Atlantic spotted dolphin........  Stenella frontalis  Northern Gulf of
                                                       Mexico.
Common Bottlenose dolphin.......  Tursiops truncatus  Northern Gulf of
                                                       Mexico
                                                       Continental
                                                       Shelf.
Rice's whale....................  Balaenoptera ricei  No Stock
                                                       Designated.
------------------------------------------------------------------------

Sec.  218.63  Prohibitions.

    (a) Except for permissible incidental take described in Sec.  
218.62(a) and authorized by an LOA issued under Sec.  216.106 of this 
subchapter and Sec.  218.66, no person in connection with the 
activities listed in Sec.  218.66 may do any of the following in 
connection with activities listed in Sec.  218.60(c):
    (1) Violate, or fail to comply with, the terms, conditions, or 
requirements of this subpart or an LOA issued under Sec.  216.106 of 
this subchapter and Sec.  218.66;
    (2) Take any marine mammal not specified in Sec.  218.62(b);
    (3) Take any marine mammal specified in Sec.  218.62(b) in any 
manner other than as specified in the LOA issued under Sec.  216.106 of 
this subchapter and Sec.  218.66;
    (4) Take a marine mammal specified in Sec.  218.62(b) after the 
National Marine Fisheries Service (NMFS) determines such taking results 
in more than a negligible impact on the species or stock of such marine 
mammal.
    (b) [Reserved]


Sec.  218.64  Mitigation requirements.

    (a) When conducting the activities identified in Sec.  218.60(c), 
the mitigation measures contained in this subpart and any LOA issued 
under Sec.  216.106 of this subchapter and Sec.  218.66 must be 
implemented. These mitigation measures include, but are not limited to:
    (1) Operational measures. Operational mitigation is mitigation that 
the USAF must implement whenever and wherever an applicable training or 
testing activity takes place within the EGTTR for each mission-day 
category.
    (i) Pre-mission survey. (A) All missions must occur during daylight 
hours with the exception of gunnery training, mission-day category K, 
and other missions that can have nighttime monitoring capabilities 
comparable to the nighttime monitoring capabilities of gunnery 
aircraft.
    (B) USAF range-clearing vessels and marine mammal survey vessels 
must be onsite 90 minutes before mission to clear prescribed human 
safety zone and survey the mitigation zone for the given mission-day 
category.
    (C) For all live missions except gunnery missions, USAF Protected 
Species Observers (PSOs) must monitor the mitigation zones as defined 
in table 1 to paragraph (a)(1)(i)(C)(5) of this section for the given 
mission-day category for a minimum of 30 minutes or until the entirety 
of the mitigation zone has been surveyed, whichever takes longer.
    (1) The mitigation zone for live munitions must be defined by the 
mission-day category that most closely corresponds to the actual 
planned mission based on the predicted net explosive weight at impact 
(NEWi) to be released, as shown in table 1 to paragraph (a)(1)(i)(C)(5) 
of this section.
    (2) The mitigation zone for inert munitions must be defined by the 
energy class that most closely corresponds to the actual planned 
mission, as shown in table 2 to paragraph (a)(1)(i)(D) of this section.
    (3) The energy of the actual mission must be less than the energy 
of the identified mission-day category in terms of total NEWi as well 
as the largest single munition NEWi.
    (4) For any gunnery missions PSOs must at a minimum monitor out to 
the mitigation zone distances shown in table 3 to paragraph 
(a)(1)(i)(D) of this section that applies for the corresponding energy 
class.
    (5) Missions falling under mission-day categories A, B, C, and J, 
and all other missions when practicable must allot time to provide PSOs 
to vacate the human safety zone. While exiting, PSOs must observe the 
monitoring zone out to corresponding mission-day category as shown in 
table 1 to this paragraph (a)(1)(i)(C)(5).

   Table 1 to Paragraph (a)(1)(i)(C)(5)--Pre-Mission Mitigation and Monitoring Zones (in m) for Live Missions
                                                   Impact Area
----------------------------------------------------------------------------------------------------------------
          Mission-day category               Mitigation zone                  Monitoring zone \5\ \6\
----------------------------------------------------------------------------------------------------------------
A......................................                    1,130  TBD (to be determined).
B......................................                    1,170  TBD.
C......................................                    1,090  TBD.
D......................................                      950  TBD.
E......................................                      960  TBD.
F......................................                      710  TBD.
G......................................                \1\ 9,260  550.
H......................................                \2\ 9,260  450.
I......................................                      280  TBD.
J......................................                    1,360  TBD.
K......................................                      890  TBD.
L......................................                      780  TBD.

[[Page 24102]]

 
M......................................                      580  TBD.
N......................................                      500  TBD.
O......................................                      370  TBD.
P......................................                      410  TBD.
Q......................................                \3\ 9,260  500.
R......................................        \4\ 280 and 9,260  TBD.
S......................................                      860  TBD.
----------------------------------------------------------------------------------------------------------------
\1\ For G, double the Level A harassment threshold distance (permanent threshold shift (PTS)) is 0.548 km, but G
  is AC-130 gunnery mission with an inherent mitigation zone of 9.260 km/5 nmi.
\2\ For H, double the Level A harassment threshold distance (PTS) is 0.450 km, but H is AC-130 gunnery mission
  with an inherent mitigation zone of 9.260 km/5 nmi.
\3\ For Q, double the Level A harassment threshold distance (PTS) is 0.494 km, but Q is AC-130 gunnery mission
  with an inherent mitigation zone of 9.260 km/5nmi.
\4\ R has components of both gunnery and inert small diameter bomb. Double the Level A harassment threshold
  distance (PTS) is 0.278 km, however, for gunnery component the inherent mitigation zone would be 9.260 km.
\5\ The monitoring zone for non-gunnery missions is the area between the mitigation zone and the human safety
  zone and is not standardized, as the human safety zone is not standardized. The human safety zone is
  determined per each mission by the Test Wing Safety Office based on the munition and parameters of its release
  (to include altitude, pitch, heading, and airspeed).
\6\ Based on the operational altitudes of gunnery firing, and the only monitoring during mission coming from
  onboard the aircraft conducting the firing, the monitoring zone for gunnery missions will be a smaller area
  than the mitigation zone and be based on the field of view from the aircraft. These observable areas will at
  least be double the Level A harassment threshold distance (PTS) for the mission-day categories G, H, and Q
  (gunnery-only mission-day categories).

    (D) Missions involving air-to-surface gunnery operations must 
conduct aerial monitoring of the mitigation zones, as described in the 
table 3 to this paragraph (a)(1)(i)(D).

 Table 2 to Paragraph (a)(1)(i)(D)--Pre-Mission Mitigation and Monitoring Zones (in m) for Inert Missions Impact
                                                      Area
----------------------------------------------------------------------------------------------------------------
Inert impact class (lb trinitrotoluene-
          equivalent (TNTeq))                Mitigation zone                    Monitoring zone \1\
----------------------------------------------------------------------------------------------------------------
2.....................................  160......................  TBD.
1.....................................  126......................  TBD.
0.5...................................  100......................  TBD.
0.15..................................  68.......................  TBD.
----------------------------------------------------------------------------------------------------------------
\1\ The monitoring zone for non-gunnery missions is the area between the mitigation zone and the human safety
  zone and is not standardized, as the human safety zone (HSZ) is not standardized. The HSZ is determined per
  each mission by the Test Wing Safety Office based on the munition and parameters of its release (to include
  altitude, pitch, heading, and airspeed).


     Table 3 to Paragraph (a)(1)(i)(D)--Aerial Monitoring Requirements for Air-to-Surface Gunnery Operations
----------------------------------------------------------------------------------------------------------------
                                                                              Monitoring          Operational
            Aircraft                 Gunnery round      Mitigation zone        altitude            altitude
----------------------------------------------------------------------------------------------------------------
AC-30 Gunship...................  30 mm; 105 mm (FU   5 nmi (9,260 m)...  6,000 ft (1,828 m)  15,000 ft (4,572
                                   and TR) \1\.                                                m) to 20,000 ft
                                                                                               (6,096 m).
CV-22 Osprey....................  .50 caliber.......  3 nmi (5,556 m)...  1,000 ft (3,280 m)  1,000 ft (3,280
                                                                                               m).
----------------------------------------------------------------------------------------------------------------
\1\ FU = Full Up; TR = Training Round.

    (ii) Mission postponement, relocation, or cancellation. (A) If 
marine mammals other than the two authorized dolphin species for which 
take is authorized are observed in either the mitigation zone or 
monitoring zone by PSOs, then mission activities must be cancelled for 
the remainder of the day.
    (B) The mission must be postponed, relocated, or cancelled if 
either of the two authorized dolphin species are visually detected in 
the mitigation zone during the pre-mission survey. Postponement must 
continue until the animals are confirmed to be outside of the 
mitigation zone and observed by a PSO to be heading away from the 
mitigation zone or until the animals are not seen again for 30 minutes.
    (C) The mission must be postponed if marine mammal indicators 
(i.e., large schools of fish or large flocks of birds) are observed 
feeding at the surface within the mitigation zone. Postponement must 
continue until these potential indicators are confirmed to be outside 
the mitigation zone.
    (D) If either of the two authorized dolphin species are observed in 
the monitoring zone by PSOs when observation vessels are exiting the 
human safety zone, and if PSOs determine the marine mammals are heading 
toward the mitigation zone, then missions must either be postponed, 
relocated, or cancelled based on mission-specific test and 
environmental parameters. Postponement must continue until the animals 
are confirmed by a PSO to be heading away from the mitigation zone or 
until the animals are not seen again for 30 minutes.
    (E) Aerial-based PSOs must look for potential indicators of marine 
mammal species presence, such as large schools of fish and large, 
active groups of birds.

[[Page 24103]]

    (F) If marine mammal or potential indicators are detected in the 
mitigation area during pre-mission surveys or during the mission by 
aerial-based or video-based PSOs, operations must be immediately halted 
until the mitigation zone is clear of all marine mammals, or the 
mission must be relocated to another target area.
    (iii) Vessel avoidance measures. Vessel operators must follow 
vessel strike avoidance measures.
    (A) When any marine mammal is sighted, vessels must attempt to 
maintain a distance of at least 150 ft (46 m) away from marine mammals 
and 300 ft (92 m) away from whales. Vessels must reduce speed and avoid 
abrupt changes in direction until the animal(s) has left the area.
    (B) If a whale is sighted in a vessel's path or within 300 feet (92 
m) from the vessel, the vessel speed must be reduced and the vessel's 
engine must be shifted to neutral. The engines must not be engaged 
until the animals are clear of the area.
    (C) If a whale is sighted farther than 300 feet (92 m) from the 
vessel, the vessel must maintain a distance of 300 feet greater between 
the whale and the vessel's speed must be reduced to 10 knots or less.
    (D) Vessels are required to stay 500 m away from the Rice's whale. 
If a baleen whale cannot be positively identified to species level then 
it must be assumed to be a Rice's whale and the 500 m separation 
distance must be maintained.
    (E) Vessels must avoid transit in the core distribution area (CDA), 
as specified in the LOA issued under Sec.  216.106 of this subchapter 
and Sec.  218.66, and within the 100--400 m isobath zone outside the 
CDA. If transit in these areas is unavoidable, vessels must not exceed 
10 knots and transit at night is prohibited.
    (F) An exception to any vessel strike avoidance measure is for 
instances required for human safety, such as when members of the public 
need to be intercepted to secure the human safety zone, or when the 
safety of a vessel operations crew could be compromised.
    (iv) Gunnery-specific mitigation. (A) If 105-mm rounds are used 
during nighttime gunnery missions they must be 105 mm training rounds. 
The USAF may only use 105-mm high-explosive (HE) rounds during daytime 
operations.
    (B) Within a mission, firing must start with use of the lowest 
caliber munition and proceed to increasingly larger rounds.
    (C) Any pause in live fire activities greater than 10 minutes must 
be followed by the re-initiation of pre-mission surveys.
    (2) Geographic mitigation measures--(i) Setbacks for Live Impact 
Areas (LIAs). Use of live munitions with surface or subsurface 
detonations is restricted in the western part of the existing LIA and 
East LIA such that activities may not occur seaward of the setbacks 
from the 100 m-isobath shown in table 4 to this paragraph (a)(2)(i).

  Table 4 to Paragraph (a)(2)(i)--Setback Distances To Prevent Permanent Threshold Shift Impacts to the Rice's
                                                      Whale
----------------------------------------------------------------------------------------------------------------
                                                                                                   Setback from
                  User group                          Mission-day category           NEWi (lb)       100-meter
                                                                                                   isobath (km)
----------------------------------------------------------------------------------------------------------------
53rd Weapons Evaluation Group (53 WEG).......  A                                         2,413.6           7.323
                                               B                                         2,029.9           6.659
                                               C                                         1,376.2           5.277
                                               D                                          836.22           3.557
                                               E                                           934.9           3.192
Air Force Special Operations Command (AFSOC).  F                                           584.6           3.169
                                               I                                            29.6           0.394
96th Operations Group (96 OG)................  J                                           946.8           5.188
                                               K                                             350           1.338
                                               L                                           627.1           3.315
                                               M                                           324.9           2.017
                                               N                                           238.1           1.815
                                               O                                           104.6           0.734
                                               P                                           130.8           0.787
                                               Q                                            94.4           0.667
                                               R                                            37.1           0.368
Naval School Explosive Ordnance Disposal       S                                             130           1.042
 (NAVSCOLEOD).
----------------------------------------------------------------------------------------------------------------

    (ii) Gunnery missions. All gunnery missions must be conducted at 
least 500 meters landward of the 100-m isobath.
    (iii) Live munition prohibitions. Use of live munitions with 
surface or subsurface detonations must be restricted to the LIA and 
East LIA and is prohibited from the area between the 100-m and 400-m 
isobaths.
    (iv) Inert munition restrictions. Use of inert munitions is 
prohibited between the 100-m and 400-m isobaths throughout the EGTTR.
    (v) Mission category K restrictions. (A) Munitions under mission-
day category K must be fired into the EGTTR inside of the LIAs and 
outside of the area between 100-m to 400-m isobaths
    (B) Mission-day category K munitions must have a setback of 1.338 
km from the 100-m isobath.
    (C) Mission-day category K munitions may be fired into portions of 
the EGTTR outside the LIAs but must be outside the area between the 
100-m and 400-m isobaths.
    (3) Environmental mitigation--(i) Sea state conditions. Missions 
must be postponed or rescheduled if conditions exceed Beaufort sea 
state 4, which is defined as moderate breeze, breaking crests, numerous 
white caps, wind speed of 11 to 16 knots, and wave height of 3.3 to 6 
feet.
    (ii) Daylight restrictions. All live missions except for nighttime 
gunnery and mission-day category K will occur no earlier than 2 hours 
after sunrise and no later than 2 hours before sunset.
    (b) [Reserved]


Sec.  218.65  Requirements for monitoring and reporting.

    (a) PSO training. All personnel who conduct protected species 
monitoring must complete Eglin Air Force Base's (AFB) Marine Species 
Observer Training Course.

[[Page 24104]]

    (1) Any person who will serve as a PSO for a particular mission 
must have completed the training within a year prior to the mission.
    (2) For missions that require multiple survey platforms to cover a 
large area, a Lead Biologist must be designated to lead the monitoring 
and coordinate sighting information with the Test Director or Safety 
Officer.
    (b) Vessel-based monitoring. (1) Survey vessels must run 
predetermined line transects, or survey routes that will provide 
sufficient coverage of the survey area.
    (2) Monitoring must be conducted from the highest point feasible on 
the vessels.
    (3) There must be at least two PSOs on each survey vessel.
    (4) For missions that require multiple vessels to cover a large 
survey area, a Lead Biologist must be designated.
    (i) The Lead Biologist must coordinate all survey efforts.
    (ii) The Lead Biologist must compile sightings information from 
other vessels.
    (iii) The Lead Biologist must inform Tower Control if the 
mitigation and monitoring zones are clear or not clear of marine mammal 
species.
    (iv) If the area is not clear, the Lead Biologist must provide 
recommendations on whether the mission should be postponed or canceled.
    (v) Tower Control must relay the Lead Biologist's recommendation to 
the Safety Officer. The Safety Officer and Test Director must 
collaborate regarding range conditions based on the information 
provided.
    (vi) The Safety Officer must have the final authority on decisions 
regarding postponements and cancellations of missions.
    (c) Aerial-based monitoring. (1) All mission-day categories require 
aerial-based monitoring, assuming assets are available and when such 
monitoring does not interfere with testing and training parameters 
required by mission proponents.
    (2) Gunnery mission aircraft must also serve as aerial-based 
monitoring platforms.
    (3) Aerial survey teams must consist of Eglin Natural Resources 
Office personnel or their designees aboard a non-mission aircraft or 
the mission aircrew.
    (4) All aircraft personnel on non-mission and mission aircraft who 
are acting in the role of a PSO must have completed Eglin AFB's Marine 
Species Observer Training Course.
    (5) One trained PSO in the aircraft must record data and relay 
information on species sightings, including the species (if possible), 
location, direction of movement, and number of animals, to the Lead 
Biologist.
    (6) For gunnery missions, after arriving at the mission site and 
before initiating gun firing, the aircraft must fly at least two 
complete orbits around the target area out to the applicable monitoring 
zone at a minimum safe airspeed and appropriate monitoring altitude as 
shown in table 3 to Sec.  218.64(a)(1)(i)(D).
    (7) Aerial monitoring by aircraft must maintain a minimum ceiling 
of 305 m (1,000 feet) and visibility of 5.6 km (3 nmi) for effective 
monitoring efforts and flight safety as shown in table 3 to Sec.  
218.64(a)(1)(i)(D).
    (8) Pre-mission aerial surveys conducted by gunnery aircrews in AC-
130s must extend out 5 nmi (9,260 m) from the target location while 
aerial surveys in CV-22 aircraft must extend out from the target 
location to a range of 3 nmi (5,556 m) as shown in table 3 to Sec.  
218.64(a)(1)(i)(D).
    (9) If the mission is relocated, the pre-mission survey procedures 
must be repeated in the new area.
    (10) If multiple gunnery missions are conducted during the same 
flight, marine species monitoring must be conducted separately for each 
mission.
    (11) During nighttime missions, night-vision goggles must be used.
    (12) During nighttime missions, low-light electro-optical and 
infrared sensor systems on board the aircraft must be used for marine 
mammal species monitoring.
    (13) Mission-day category K tests and any other missions that are 
conducted at nighttime must be supported by AC-130 aircraft with night-
vision instrumentation or other platforms with comparable nighttime 
monitoring capabilities.
    (14) For Mission-day category K missions, the pre-mission survey 
area must extend out to, at a minimum, double the Level A harassment 
(PTS) threshold distance for delphinids (0.89 km). Mission-day category 
K is estimated to have a PTS threshold distance of 0.445 km as shown in 
table 1 to this paragraph (c)(14).

                                 Table 1 to Paragraph (c)(14)--Bottlenose Dolphin Threshold Distances (in km) for Live Missions in the Existing Live Impact Area
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Mortality                           Level A harassment                                       Level B harassment
                                                               ---------------------------------------------------------------------------------------------------------------------------------
                                                                                  Slight lung   Gastrointestinal                PTS                  Temporary threshold shift      Behavioral
                                                                                    injury         (GI) tract    --------------------------------              (TTS)             ---------------
                                                                   Positive    ----------------      injury                                      --------------------------------
                     Mission-day category                         impulse B:       Positive    ------------------
                                                                     248.4        impulse B:                      Weighted sound
                                                                  Pa[middot]s        114.5         Peak sound     exposure level   Peak SPL 230    Weighted SEL    Peak SPL 224    Weighted SEL
                                                                   AS: 197.1      Pa[middot]s    pressure level    (SEL) 185 dB         dB            170 dB            dB            165 dB
                                                                  Pa[middot]s      AS: 90.9       (SPL) 237 dB
                                                                                  Pa[middot]s
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Bottlenose Dolphin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A.............................................................           0.139           0.276            0.194            0.562           0.389            5.59           0.706           9.538
B.............................................................           0.128           0.254            0.180            0.581           0.361           5.215           0.655           8.937
C.............................................................           0.100           0.199            0.144            0.543           0.289           4.459           0.524           7.568
D.............................................................           0.100           0.199            0.144            0.471           0.289           3.251           0.524           5.664
E.............................................................           0.068           0.136            0.103            0.479           0.207           3.272           0.377            5.88
F.............................................................           0.128           0.254            0.180            0.352           0.362           2.338           0.655           4.596
G.............................................................           0.027           0.054            0.048            0.274           0.093           1.095           0.165           2.488
H.............................................................           0.010           0.019            0.021            0.225           0.040           0.809           0.071           1.409
I.............................................................           0.025           0.049            0.045            0.136           0.087           0.536           0.154           0.918
J.............................................................           0.228           0.449            0.306            0.678           0.615           3.458           1.115           6.193
K.............................................................           0.158           0.313            0.222            0.258           0.445           1.263           0.808           2.663
L.............................................................           0.139           0.276            0.194            0.347           0.389            2.35           0.706           4.656
M.............................................................           0.068           0.136            0.103            0.286           0.207           1.446           0.377           3.508
N.............................................................           0.073           0.145            0.113             0.25           0.225           1.432           0.404           2.935
O.............................................................           0.046           0.092            0.078            0.185           0.155           0.795           0.278           1.878
P.............................................................           0.046           0.092            0.078            0.204           0.155           0.907           0.278           2.172

[[Page 24105]]

 
Q.............................................................           0.027           0.054            0.048            0.247           0.093           0.931           0.165           1.563
R.............................................................           0.012           0.024            0.026            0.139           0.052           0.537           0.093            0.91
S.............................................................           0.053           0.104            0.084            0.429           0.164           1.699           0.294           2.872
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (d) Video-based monitoring. (1) All mission-day categories require 
video-based monitoring when practicable except for gunnery missions.
    (2) A trained PSO (the video camera PSO) must monitor the live 
video feeds from the Gulf Range Armament Test Vessel (GRATV) 
transmitted to the Central Control Facility (CCF).
    (3) The video camera PSO must report any marine mammal species 
sightings to the Safety Officer, who will also be at the CCF.
    (4) The video camera PSO must have open lines of communication with 
the PSOs on vessels to facilitate real-time reporting of marine species 
sightings.
    (5) Direct radio communication must be maintained between vessels, 
GRATV personnel, and Tower Control throughout the mission.
    (6) If a marine mammal species is detected on the live video by a 
PSO prior to weapon release, the mission must be stopped immediately by 
the Safety Officer.
    (7) Supplemental video monitoring by additional aerial assets must 
be used when practicable (e.g. balloons, unmanned aerial vehicles).
    (e) Post-mission monitoring. (1) All marine mammal sightings must 
be documented on report forms that are submitted to the Eglin Natural 
Resources Office after the mission.
    (2) For gunnery missions, following each mission, aircrews must 
conduct a post-mission survey beginning at the operational altitude and 
continuing through an orbiting descent to the designated monitoring 
altitude. The post-mission survey area will be the area covered in 30 
minutes of observation in a direction down-current from the impact site 
or the actual pre-mission survey area, whichever is reached first.
    (3) During post-mission monitoring, PSOs must survey the mission 
site for any dead or injured marine mammals. The post-mission survey 
area will be the area covered in 30 minutes of observation in a 
direction down-current from the impact site or the actual pre-mission 
survey area, whichever is reached first.
    (f) Acoustic monitoring. (1) The USAF must conduct a single passive 
acoustic monitoring (PAM) study to investigate marine mammal 
vocalizations before, during, and after live missions that include 
underwater detonations in the EGTTR.
    (2) The USAF must further investigate ways to supplement its 
mitigation measures with the use of real-time PAM devices (i.e., 
sonobuoys or hydrophones).
    (3) These studies are contingent upon the availability of funding.
    (4) Both studies must be approved by NMFS.
    (g) Annual monitoring report. The USAF must submit an annual draft 
monitoring report to NMFS within 90 working days of the completion of 
each year's activities authorized by the LOA as well as a comprehensive 
summary report at the end of the project. The annual reports and final 
comprehensive report must be prepared and submitted within 30 days 
following resolution of any NMFS comments on the draft report. If no 
comments are received from NMFS within 30 days of receipt of the draft 
report, the report will be considered final. If comments are received, 
a final report addressing NMFS comments must be submitted within 30 
days after receipt of comments. The annual reports must contain the 
informational elements described in paragraphs (g)(1) through (5) of 
this section, at a minimum. The comprehensive 7-year report must 
include a summary of the monitoring information collected over the 7-
year period (including summary tables), along with a discussion of the 
practicability and effectiveness of the mitigation and monitoring and 
any other important observations or discoveries.
    (1) Dates and times (begin and end) of each EGTTR mission;
    (2) Complete description of mission activities;
    (3) Complete description of pre-and post-monitoring activities 
occurring during each mission;
    (4) Environmental conditions during monitoring periods including 
Beaufort sea state and any other relevant weather conditions such as 
cloud cover, fog, sun glare, and overall visibility to the horizon, and 
estimated observable distance; and
    (5) Upon observation of a marine mammal, the following information 
should be collected:
    (i) Observer who sighted the animal and observer location and 
activity at time of sighting;
    (ii) Time of sighting;
    (iii) Identification of the animal (e.g., genus/species, lowest 
possible taxonomic level, or unidentified), observer confidence in 
identification, and the composition of the group if there is a mix of 
species;
    (iv) Distances and bearings of each marine mammal observed in 
relation to the target site;
    (v) Estimated number of animals including the minimum number, 
maximum number, and best estimate);
    (vi) Estimated number of animals by cohort (e.g., adults, 
juveniles, neonates, group composition etc.);
    (vii) Estimated time that the animal(s) spent within each of the 
mitigation and monitoring zones;
    (viii) Description of any marine mammal observed marine mammal 
behaviors (such as feeding or traveling) or changes in behavioral 
patterns (e.g., changes in travel direction or speed, breaking off 
feeding, breaching), noting when they relate to know changes in 
activities;
    (ix) Detailed information about implementation of any mitigation 
(e.g., postponements, relocations and cancellations); and
    (x) All PSO datasheets and/or raw sightings data.
    (6) The final comprehensive report must include a summary of data 
collected as part of the annual reports.

[[Page 24106]]

    (h) Reporting dead or injured marine mammal. (1) In the event that 
personnel involved in the monitoring activities discover an injured or 
dead marine mammal, the USAF must report the incident to NMFS Office of 
Protected Resources (OPR), and to the NMFS Southeast Region Marine 
Mammal Stranding Network Coordinator, as soon as feasible. If the death 
or injury was likely caused by the USAF's activity, the USAF must 
immediately cease the specified activities until NMFS OPR is able to 
review the circumstances of the incident and determine what, if any, 
additional measures are appropriate to ensure compliance with the terms 
of this subpart and the LOA issued under Sec.  216.106 of this 
subchapter and Sec.  218.66.
    (2) The USAF will not resume their activities until notified by 
NMFS. The report must include the following information:
    (i) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (ii) Species identification (if known) or description of the 
animal(s) involved;
    (iii) Condition of the animal(s) (including carcass condition if 
the animal is dead);
    (iv) Observed behaviors of the animal(s), if alive;
    (v) If available, photographs or video footage of the animal(s); 
and
    (vi) General circumstances under which the animal was discovered.


Sec.  218.66  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart, the USAF must apply for and obtain an LOA in 
accordance with Sec.  216.106 of this subchapter.
    (b) An LOA, unless suspended or revoked, may be effective seven 
years from the date of issuance.
    (c) Except for changes made pursuant to the adaptive management 
provision of Sec.  218.67(b)(1), in the event of projected changes to 
the activity or to mitigation, monitoring, or reporting required by an 
LOA issued under this subpart, the USAF must apply for and obtain a 
modification of the LOA as described in Sec.  218.67.
    (d) Each LOA will set forth:
    (1) Permissible methods of incidental taking;
    (2) Geographic areas for incidental taking;
    (3) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species or stocks of marine mammals and their 
habitat; and
    (4) Requirements for monitoring and reporting.
    (e) Issuance of the LOA(s) must be based on a determination that 
the level of taking is consistent with the findings made for the total 
taking allowable under the regulations in this subpart.
    (f) Notice of issuance or denial of the LOA(s) will be published in 
the Federal Register within 30 days of a determination.


Sec.  218.67  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec.  216.106 of this subchapter and Sec.  
218.66 for the activity identified in Sec.  218.60(c) may be modified 
upon request by the applicant, consistent with paragraph (b) of this 
section, provided that any requested changes to the activity or to the 
mitigation, monitoring, or reporting measures (excluding changes made 
pursuant to the adaptive management provision in paragraph (b)(1) of 
this section) do not change the underlying findings made for the 
regulations in this subpart and do not result in more than a minor 
change in the total estimated number of takes (or distribution by 
species or years).
    (b) An LOA issued under Sec.  216.106 of this subchapter and Sec.  
218.66 may be modified by NMFS under the following circumstances:
    (1) Adaptive management. After consulting with the USAF regarding 
the practicability of the modifications, NMFS may modify (including 
adding or removing measures) the existing mitigation, monitoring, or 
reporting measures if doing so creates a reasonable likelihood of more 
effectively accomplishing the goals of the mitigation and monitoring.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
include:
    (A) Results from USAF's annual monitoring report and annual 
exercise report from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies;
    (C) Results from specific stranding investigations; or
    (D) Any information that reveals marine mammals may have been taken 
in a manner, extent, or number not authorized by the regulations in 
this subpart or subsequent LOAs.
    (ii) If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are substantial, NMFS 
will publish a notice of a new proposed LOA in the Federal Register and 
solicit public comment.
    (2) Emergencies. If NMFS determines that an emergency exists that 
poses a significant risk to the well-being of the species of marine 
mammals specified in LOAs issued pursuant to Sec.  216.106 of this 
subchapter and Sec.  218.66, an LOA may be modified without prior 
public notice or opportunity for public comment. Notice will be 
published in the Federal Register within thirty days of the action.


Sec.  Sec.  218.68-218.69  [Reserved]

[FR Doc. 2023-07939 Filed 4-13-23; 8:45 am]
BILLING CODE 3510-22-P