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Federal Register/Vol. 84, No. 45/Thursday, March 7, 2019/Rules and Regulations

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Federal Register/Vol. 84, No. 45/Thursday, March 7, 2019/Rules and Regulations Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations 8263 III. Statutory and Executive Orders state submission in response to a ACTION: Final rule; issuance of Letters of Federal standard. Authorization (LOA). Under Executive Order 12866 (58 FR This action does not impose an 51735, October 4, 1993), this action is information collection burden under the SUMMARY: NMFS, upon request from the not a ‘‘significant regulatory action’’ and provisions of the Paperwork Reduction National Park Service (NPS), hereby therefore is not subject to review under Act of 1995 (44 U.S.C. 3501 et seq.). issues regulations to govern the Executive Orders 12866 and 13563 (76 Burden is defined at 5 CFR 1320.3(b). unintentional taking of marine FR 3821, January 21, 2011). This action mammals incidental to research and is also not subject to Executive Order List of Subjects in 40 CFR Part 62 monitoring activities in southern Alaska 13211, ‘‘Actions Concerning Regulations Environmental protection, Air over the course of five years (2019– That Significantly Affect Energy Supply, pollution control, Administrative 2024). These regulations, which allow Distribution, or Use’’ (66 FR 28355, May practice and procedure, sewage sludge for the issuance of Letters of 22, 2001). This action approves the incineration units. Authorization (LOA) for the incidental state’s negative declaration as meeting Dated: March 1, 2019. take of marine mammals during the described activities and specified Federal requirements and imposes no James Gulliford, timeframes, prescribe the permissible additional requirements beyond those Regional Administrator, Region 7. imposed by state law. Accordingly, the methods of taking and other means of Administrator certifies that this For the reasons stated in the effecting the least practicable adverse rulemaking will not have a significant preamble, EPA amends 40 CFR part 62 impact on marine mammal species or economic impact on a substantial as set forth below: stocks and their habitat, as well as number of small entities under the requirements pertaining to the PART 62—APPROVAL AND monitoring and reporting of such taking. Regulatory Flexibility Act (5 U.S.C. 601 PROMULGATION OF STATE PLANS et seq.). Because this action does not In accordance with the Marine Mammal FOR DESIGNATED FACILITIES AND Protection Act (MMPA), as amended, impose an enforceable duty upon State, POLLUTANTS local, or tribal governments, and does and implementing regulations, not reduce or eliminate the amount of ■ 1. The authority citation for part 62 notification is hereby additionally given that two LOAs have been issued to NPS authorization of Federal appropriations, continues to read as follows: and because it contains no regulatory to take marine mammals incidental to Authority: 42 U.S.C. 7401 et seq. requirements applicable to small research and monitoring activities in southern Alaska national parks. governments, this action does not Subpart R—Kansas contain any unfunded mandate or DATES: Effective from March 7, 2019 significantly or uniquely affect small ■ 2. Amend subpart R by adding an through February 29, 2024. governments, as described in the undesignated center heading and FOR FURTHER INFORMATION CONTACT: Gray Unfunded Mandates Reform Act of 1995 § 62.4183 to read as follows: Redding, Office of Protected Resources, (Pub. L. 104–4). NMFS, (301) 427–8401. Air Emissions From Existing Sewage SUPPLEMENTARY INFORMATION: This action is not approved to apply Sludge Incineration Units on any Indian reservation land or in any Availability other area where EPA or an Indian tribe § 62.4183 Identification of plan—negative has demonstrated that a tribe has declaration. A copy of NPS’s application and any supporting documents, as well as a list jurisdiction. In those areas of Indian Letter from the Kansas Department of of the references cited in this document, country, the rule does not have tribal Health and Environment submitted may be obtained online at: https:// implications and will not impose April 30, 2018, certifying that there are www.fisheries.noaa.gov/national/ substantial direct costs on tribal no sewage sludge incineration units marine-mammal-protection/incidental- governments or preempt tribal law as subject to 40 CFR part 60, subpart take-authorizations-research-and-other- specified by Executive Order 13175 (65 MMMM. activities. In case of problems accessing FR 67249, November 9, 2000). [FR Doc. 2019–04051 Filed 3–6–19; 8:45 am] these documents, please call the contact This action also does not have BILLING CODE 6560–50–P listed above (see FOR FURTHER Federalism implications because it does INFORMATION CONTACT). not have substantial direct effects on the States, on the relationship between the DEPARTMENT OF COMMERCE Purpose and Need for Regulatory national government and the States, or Action on the distribution of power and National Oceanic and Atmospheric These regulations establish a responsibilities among the various Administration framework under the authority of the levels of government, as specified in Marine Mammal Protection Act Executive Order 13132 (64 FR 43255, 50 CFR Part 217 (MMPA) (16 U.S.C. 1361 et seq.) for August 10, 1999). Thus Executive Order [Docket No. 180411364–9092–02] authorizing the take of marine mammals 13132 does not apply to this action. incidental to NPS’s gull and climate This action merely approves a state’s RIN 0648–BH90 monitoring activities within Glacier Bay negative declaration submitted in Taking and Importing Marine National Park (GLBA NP) and marine response to a Federal standard, and does Mammals; Taking Marine Mammals bird surveys in the Southwest Alaska not alter the relationship or the Incidental to National Park Service’s Inventory and Monitoring Network distribution of power and Research and Monitoring Activities in (SWAN) region. Researchers conducting responsibilities established in the CAA. Southern Alaska National Parks these surveys may cause behavioral This rulemaking also is not subject to disturbance (Level B harassment) of Executive Order 13045, ‘‘Protection of AGENCY: National Marine Fisheries harbor seals and Steller sea lions. Children from Environmental Health Service (NMFS), National Oceanic and We received an application from NPS Risks and Safety Risks’’ (62 FR 19885, Atmospheric Administration (NOAA), requesting five-year regulations and April 23, 1997) because it approves a Commerce. authorization to take harbor seals and VerDate Sep<11>2014 16:17 Mar 06, 2019 Jkt 247001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\07MRR1.SGM 07MRR1 amozie on DSK9F9SC42PROD with RULES 8264 Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Rules and Regulations Steller sea lions. Take is expected to not intentional, taking of small numbers application in the Federal Register, occur by Level B harassment incidental of marine mammals by U.S. citizens requesting comments and information to research and monitoring activities who engage in a specified activity (other related to the request for 30 days. We due to behavioral disturbance of than commercial fishing) within a did not receive any comments. NPS pinnipeds. The regulations are valid specified geographical region if certain provided a revised application from 2019 to 2024. Please see findings are made and either regulations incorporating minor revisions on April ‘‘Background’’ below for definitions of are issued or, if the taking is limited to 23, 2018. Subsequently, NPS has harassment. harassment, a notice of a proposed identified additional research and authorization is provided to the public monitoring projects in southern Alaska Legal Authority for the Action for review. (SWAN region) with similar sources of Section 101(a)(5)(A) of the MMPA (16 An authorization for incidental marine mammal disturbance and U.S.C. 1371(a)(5)(A)) directs the takings shall be granted if NMFS finds potential effects. On October 29, 2018, Secretary of Commerce to allow, upon that the taking will have a negligible NMFS received an adequate and request, the incidental, but not impact on the species or stock(s); will complete revised application including intentional, taking of small numbers of not have an unmitigable adverse impact these additional research and marine mammals by U.S. citizens who on the availability of the species or monitoring activities. These additional engage in a specified activity (other than stock(s) for subsistence uses (where activities were determined to be similar commercial fishing) within a specified relevant); and if the permissible in scope and impact to the original geographical region for up to five years methods of taking and requirements proposed activities, and NMFS if, after notice and public comment, the pertaining to the mitigation, monitoring determined that publication of a revised agency makes certain findings and and reporting of such takings are set notice of receipt was not necessary for issues regulations that set forth forth. NMFS has defined ‘‘negligible the updated application. On December permissible methods of taking pursuant impact’’ in 50 CFR 216.103 as an impact 13, 2018, NMFS published a notice of to that activity and other means of resulting from the specified activity that proposed rulemaking in the Federal effecting the ‘‘least practicable adverse cannot be reasonably expected to, and is Register (83 FR 64078), requesting impact’’ on the affected species or not reasonably likely to, adversely affect comments for 32 days. We received stocks and their habitat (see the the
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