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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
contain an adaptive management component.
The reporting requirements associated with this rule are designed to provide NMFS with monitoring data from completed projects to allow consideration of whether any changes are appropriate. The use of adaptive management allows NMFS to consider new information from different sources to determine with input from the Navy regarding practicability on an annual or biennial basis if mitigation or monitoring measures should be modified including additions or deletions. Mitigation measures could be modified if new data suggests that such modifications would have a reasonable likelihood of reducing adverse effects to marine mammals and if the measures are practicable.
The following are some of the possible sources of applicable data to be considered through the adaptive management process: 1 Results from monitoring reports, as required by MMPA authorizations; 2 results from general marine mammal and sound research; and 3 any information which reveals that marine mammals may have been taken in a manner, extent, or number not authorized by these regulations or subsequent LOAs.

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Endangered Species Act Section 7a2 of the ESA 16 U.S.C.
1531 et seq. requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of incidental take authorizations, NMFS
consults internally whenever we propose to authorize take for endangered or threatened species.
No incidental take of ESA-listed species is expected to result from this activity. Therefore, NMFS has determined that formal consultation under section 7 of the ESA is not required for this action.
National Environmental Policy Act To comply with the National Environmental Policy Act of 1969
NEPA; 42 U.S.C. 4321 et seq. and NOAA Administrative Order NAO
2166A, NMFS must evaluate our proposed action i.e., the promulgation of regulations and subsequent issuance of incidental take authorization and alternatives with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified in
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Categorical Exclusion B4 of the Companion Manual for NAO 2166A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion. Accordingly, NMFS has determined that this action qualifies to be categorically excluded from further NEPA review.
Classification Pursuant to the procedures established to implement Executive Order 12866, the Office of Management and Budget has determined that this final rule is not significant.
Pursuant to section 605b of 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 at the proposed rule stage that this action will not have a significant economic impact on a substantial number of small entities. The U.S. Navy is the sole entity that would be subject to the requirements in these regulations, and the Navy is not a small governmental jurisdiction, small organization, or small business, as defined by the RFA. No comments were received regarding this certification. As a result, a regulatory flexibility analysis is not required and none has been prepared.
This rule does not contain a collection-of-information requirement subject to the provisions of the Paperwork Reduction Act PRA
because the applicant is a Federal agency. Notwithstanding any other provision of law, no person is required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number.
These requirements have been approved by OMB under control number 0648
0151 and include applications for regulations, subsequent LOAs, and reports.
List of Subjects in 50 CFR Part 218
Exports, Fish, Imports, Indians, Labeling, Marine mammals, Penalties, Reporting and recordkeeping requirements, Seafood, Transportation.

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Dated: April 30, 2021.
Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For reasons set forth in the preamble, 50 CFR part 218 is amended as follows:
PART 218REGULATIONS
GOVERNING THE TAKING AND
IMPORTING OF MARINE MAMMALS
1. The authority citation for part 218
continues to read as follows:

Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

2. Add subpart A to part 218 to read as follows:

Subpart ATaking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia Sec.
218.1 Specified activity and geographical region.
218.2 Effective dates.
218.3 Permissible methods of taking.
218.4 Prohibitions.
218.5 Mitigation requirements.
218.6 Requirements for monitoring and reporting.
218.7 Letters of Authorization.
218.8 Renewals and modifications of Letters of Authorization.
218.9 Reserved
Subpart ATaking and Importing Marine Mammals Incidental to U.S.
Navy Construction at Naval Station Norfolk in Norfolk, Virginia 218.1 Specified activity and geographical region.

a Regulations in this subpart apply only to the U.S. Navy Navy and those persons it authorizes or funds to conduct activities on its behalf for the taking of marine mammals that occurs in the areas outlined in paragraph b of this section and that occurs incidental to construction activities including marine structure maintenance, pile replacement, and select waterfront improvements at Naval Station NAVSTA Norfolk.
b The taking of marine mammals by the Navy may be authorized in a Letter of Authorization LOA only if it occurs at NAVSTA Norfolk and adjacent Navy facilities.
218.2

Effective dates.

Regulations in this subpart are effective from June 7, 2021 to June 7, 2026.
218.3

Permissible methods of taking.

Under an LOA issued pursuant to 216.106 of this chapter and 218.7, the Holder of the LOA hereinafter Navy
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