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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules
i Total annual quantity per the LOA of each explosive bin; and ii Total annual expended/detonated ordnance missiles, bombs, etc. for each explosive bin.
h Final Close-Out Report. The final year seven draft annual/close-out report must be submitted within three months after the expiration of this subpart to the Director, Office of Protected Resources, NMFS. NMFS
must submit comments on the draft close-out report, if any, within three months of receipt. The report will be considered final after the Navy has addressed NMFS comments, or three months after the submittal of the draft if NMFS does not provide comments.
218.16

Letters of Authorization.

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a To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy must apply for and obtain an LOA in accordance with 216.106 of this chapter.
b An LOA, unless suspended or revoked, may be effective for a period of time not to exceed between October 31, 2021, and October 30, 2028.
c If an LOA expires prior to October 30, 2028, the Navy may apply for and obtain a renewal of the LOA.
d In the event of projected changes to the activity or to mitigation, monitoring, or reporting excluding changes made pursuant to the adaptive management provision of 218.17c1
required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in 218.17.
e 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.

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f Issuance of the LOAs 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.
g Notice of issuance or denial of the LOAs will be published in the Federal Register within 30 days of a determination.
218.17 Renewals and modifications of Letters of Authorization.

a An LOA issued under 216.106
of this chapter and 218.16 for the activity identified in 218.10c may be renewed or modified upon request by the applicant, provided that:
1 The proposed specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart excluding changes made pursuant to the adaptive management provision in paragraph c1 of this section; and 2 NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOAs were implemented.
b For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures excluding changes made pursuant to the adaptive management provision in paragraph c1 of this section that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes or distribution by species or years, NMFS
may publish a notice of proposed LOA
in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA.
c An LOA issued under 216.106
of this chapter and 218.16 may be modified by NMFS under the following circumstances:

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1 Adaptive management. After consulting with the Navy 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 the Navys annual monitoring report and annual exercise report from the previous years;
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 216.106 of this chapter and 218.16, an LOA may be modified without prior notice or opportunity for public comment. Notice will be published in the Federal Register within thirty days of the action.
218.18

Reserved
218.19

Reserved
FR Doc. 202114542 Filed 71521; 8:45 am BILLING CODE 351022P

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