(a) A Letter of Authorization issued for the activity identified in Sec. 218.230 may be renewed upon:
(1) Notification to NMFS that the activity described in the application submitted under Sec. 218.237 will be undertaken and that there will not be a substantial modification to the described activity, mitigation or monitoring undertaken during the upcoming period;
(2) Notification to NMFS of the information identified in Sec. 218.237(c);
(3) Timely receipt of the monitoring reports required under Sec. 218.236, which have been reviewed by NMFS and determined to be acceptable;
(4) A determination by NMFS that the mitigation, monitoring and reporting measures required under Sec. Sec. 218.234, 218.235, and 218.236 and the previous Letter of Authorization were undertaken and will be undertaken during the upcoming period of validity of a renewed Letter of Authorization; and
(5) A determination by NMFS that the level of taking will be consistent with the findings made for the total taking allowable under these regulations.
(b) If a request for a renewal of a Letter of Authorization indicates that a substantial modification to the described work, mitigation, or monitoring will occur, or if NMFS proposes a substantial modification to the Letter of Authorization, NMFS will provide a period of 30 days for public review and comment on the proposed modification. Amending the areas for upcoming SURTASS LFA sonar operations is not considered a substantial modification to the Letter of Authorization.
(c) A notice of issuance or denial of a renewal of a Letter of Authorization will be published in the Federal Register within 30 days of a determination.