Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Wharf Recapitalization Project, 27863-27864 [2014-11114]

Download as PDF Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Notices Sonoma (primary member); CommunityAt-Large Marin and Sonoma (alternate); Conservation (primary member); Conservation (alternate); Maritime Activities/Recreation (primary member); Maritime Activities/Recreation (alternate); Research (primary member); Research (alternate); and CommunityAt-Large San Francisco/San Mateo (alternate). Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council: Business Commerce (primary member); Tourism (primary member); Native Hawaiian (alternate); Commercial Shipping (alternate); Honolulu County (alternate); and Hawaii County (alternate). Monitor National Marine Sanctuary Advisory Council: Economic Development (primary member); and Youth (primary member). National Marine Sanctuary of American Samoa Advisory Council: Community-At-Large, Manu’a (primary member); Community-At-Large, Aunu’u (primary member); Fishing (primary member, 2 seats); and Diving (primary member). Olympic Coast National Marine Sanctuary Advisory Council: Education (alternate); and Marine Resources Committee (alternate). Stellwagen Bank National Marine Sanctuary Advisory Council: Mobile Gear Commercial Fishing (alternate). Authority: 16 U.S.C. 1431, et seq. (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) Dated: April 24, 2014. Daniel J. Basta, Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2014–10668 Filed 5–14–14; 8:45 am] BILLING CODE 3510–NK–P Notice is hereby given that we have revised an incidental harassment authorization (IHA) issued to the U.S. Navy (Navy) to incidentally harass, by Level B harassment only, two species of marine mammals during construction activities associated with a wharf recapitalization project at Naval Station Mayport, Florida. The project has been delayed and the effective dates revised accordingly. DATES: This authorization is now effective from September 1, 2014, through August 31, 2015. FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: SUMMARY: Background On April 4, 2013, we received a request from the Navy for authorization of the taking, by Level B harassment only, of marine mammals incidental to pile driving in association with the Wharf C–2 recapitalization project at Naval Station Mayport, Florida (NSM). That request was modified on May 9 and June 5, 2013, and a final version, which we deemed adequate and complete, was submitted on August 7, 2013. We published notice of a proposed IHA and request for comments on August 22, 2013 (78 FR 52148), and subsequently published final notice of our issuance of the IHA on November 29, 2013 (78 FR 71566). In-water work associated with the project was expected to be completed within the one-year timeframe of the IHA (effective dates originally December 1, 2013 through November 30, 2014). Two species of marine mammal are expected to be affected by the specified activities: Bottlenose dolphin (Tursiops truncatus truncatus) and Atlantic spotted dolphin (Stenella frontalis). These species may occur year-round in the action area. Summary of the Activity DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration TKELLEY on DSK3SPTVN1PROD with NOTICES RIN 0648–XC762 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Wharf Recapitalization Project National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; revision of an incidental harassment authorization. AGENCY: VerDate Mar<15>2010 18:18 May 14, 2014 Jkt 232001 Wharf C–2 is a single level, general purpose berthing wharf constructed in 1960. The wharf is one of NSM’s two primary deep-draft berths and is one of the primary ordnance handling wharfs. The wharf is a diaphragm steel sheet pile cell structure with a concrete apron, partial concrete encasement of the piling and an asphalt paved deck. The wharf is currently in poor condition due to advanced deterioration of the steel sheeting and lack of corrosion protection, and this structural deterioration has resulted in the institution of load restrictions within 60 ft of the wharf face. The purpose of this project is to complete necessary repairs to Wharf C–2. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 27863 Effects to marine mammals from the specified activity are expected to result from underwater sound produced by vibratory and impact pile driving. In order to assess project impacts, the Navy used thresholds recommended by NMFS. The Navy assumed practical spreading loss and used empiricallymeasured source levels from representative pile driving events to estimate potential marine mammal exposures. The calculations predict that only Level B harassment would occur associated with pile driving activities, and required mitigation measures further ensure that no more than Level B harassment would occur. Findings Marine Mammal Protection Act (MMPA)—As required by the MMPA in order to issue an IHA, we determined that (1) the required mitigation measures are sufficient to reduce the effects of the specified activities to the level of least practicable impact; (2) the authorized takes will have a negligible impact on the affected marine mammal species; (3) the authorized takes represent small numbers relative to the affected stock abundances; and (4) the Navy’s activities will not have an unmitigable adverse impact on taking for subsistence purposes as no relevant subsistence uses of marine mammals are implicated by this action. National Environmental Policy Act (NEPA)—The Navy prepared an Environmental Assessment analyzing the project. We reviewed the EA and the public comments received and determined that it was appropriate to adopt the document in order to assess the impacts to the human environment of issuance of an IHA to the Navy. We signed a Finding of No Significant Impact on November 20, 2013. Endangered Species Act (ESA)— There are no ESA-listed marine mammals expected to occur in the action area. Therefore, the Navy did not request authorization of the incidental take of ESA-listed species and no such authorization was issued; therefore, no consultation under the ESA was required. Summary of the Revision Construction activities have been delayed for the project due to difficulties in obtaining the necessary construction materials. No in-water work has occurred, including all aspects of the specified activity considered in our issuance of the IHA. The IHA, as issued, is a one-year IHA with no consideration of seasonality in timing any component of the specified activity. Therefore, shifting the effective dates of E:\FR\FM\15MYN1.SGM 15MYN1 27864 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Notices the IHA to accommodate the Navy’s delayed schedule for this project has no effect on our analysis of project impacts and does not affect our findings. No new information is available that would substantively affect our analyses under the MMPA, NEPA, or ESA. All mitigation, monitoring, and reporting measures described in our notice of issuance of the IHA remain in effect. The species for which take was authorized and the numbers of incidences of take authorized are unchanged. As a result of the foregoing, we have revised the IHA issued to the Navy to conduct the specified activities in Naval Station Mayport, FL. Originally valid for one year, from December 1, 2013, through November 30, 2014, the IHA now becomes effective on September 1, 2014, and is valid for one year, until August 31, 2015. Dated: May 7, 2014. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. BILLING CODE 3510–22–P CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC–2010–0053] Submission for OMB Review; Comment Request—Safety Standard for Multi-Purpose Lighters Consumer Product Safety Commission. ACTION: Notice. AGENCY: As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (CPSC or Commission) announces that the CPSC has submitted to the Office of Management and Budget (OMB) a request for extension of approval of a collection of information associated with the Safety Standard for MultiPurpose Lighters (OMB No. 3041–0130). In the Federal Register of March 4, 2014 (79 FR 12186), the CPSC published a notice to announce the agency’s intent to seek an extension of approval of this collection of information. CPSC received no comments in response to that notice. Therefore, by publication of this notice, the Commission announces that CPSC has submitted to the OMB a request for extension of approval of that collection of information without change. DATES: Written comments on this request for extension of approval of TKELLEY on DSK3SPTVN1PROD with NOTICES VerDate Mar<15>2010 18:18 May 14, 2014 Jkt 232001 CONSUMER PRODUCT SAFETY COMMISSION Submit comments about this request by email: OIRA_submission@omb.eop.gov or fax: 202–395–6881. Comments by mail should be sent to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the CPSC, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503. In addition, written comments that are sent to OMB also should be submitted electronically at https://www.regulations.gov, under Docket No. CPSC–2010–0053. [Docket No. CPSC–2010–0054] ADDRESSES: For further information contact: Robert H. Squibb, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301) 504–7815, or by email to: rsquibb@cpsc.gov. FOR FURTHER INFORMATION CONTACT: CPSC seeks to renew the following currently approved collection of information: Title: Safety Standard for MultiPurpose Lighters. OMB Number: 3041–0130. Type of Review: Renewal of collection. Frequency of Response: On occasion. Affected Public: Manufacturers and importers of multi-purpose lighters. Estimated Number of Respondents: 59 firms will test on average 2 models per firm. Estimated Time per Response: 50 hours/model. Total Estimated Annual Burden: 5,900 hours (59 firms × 2 models × 50 hours). General Description of Collection: The Commission issued a safety standard for multi-purpose lighters (16 CFR part 1212) in 1999. The standard includes requirements that manufacturers (including importers) of multi-purpose lighters issue certificates of compliance based on a reasonable testing program. The standard also requires that manufacturers and importers maintain certain records. Respondents must comply with these testing, certification, and recordkeeping requirements for multi-purpose lighters. SUPPLEMENTARY INFORMATION: [FR Doc. 2014–11114 Filed 5–14–14; 8:45 am] SUMMARY: information collection requirements should be submitted by June 16, 2014. Dated: May 9, 2014. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. 2014–11121 Filed 5–14–14; 8:45 am] BILLING CODE 6355–01–P PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 Submission for OMB Review; Comment Request—Procedures for Export of Noncomplying Products Consumer Product Safety Commission. ACTION: Notice. AGENCY: As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (CPSC or Commission) announces that the CPSC has submitted to the Office of Management and Budget (OMB) a request for extension of approval of a collection of information relating to the procedures for the export of noncomplying products (OMB No. 3041–0003). In the Federal Register of March 4, 2014 (78 FR 12186), the CPSC published a notice announcing the agency’s intent to seek an extension of approval of this collection of information. CPSC received no comments in response to that notice. Therefore, by publication of this notice, the Commission announces that CPSC has submitted to the OMB a request for extension of approval of that collection of information without change. DATES: Written comments on this request for extension of approval of information collection requirements should be submitted by June 16, 2014. ADDRESSES: Submit comments about this request by email: OIRA_ submission@omb.eop.gov or fax: 202– 395–6881. Comments by mail should be sent to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the CPSC, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503. In addition, written comments that are sent to OMB also should be submitted electronically at https:// www.regulations.gov, under Docket No. CPSC–2010–0054. FOR FURTHER INFORMATION CONTACT: For further information contact: Robert H. Squibb, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301) 504–7815, or by email to: rsquibb@cpsc.gov. SUPPLEMENTARY INFORMATION: CPSC seeks to renew the following currently approved collection of information: Title: Procedures for the Export of Noncomplying Products. OMB Number: 3041–0003. Type of Review: Renewal of collection. Frequency of Response: On occasion. SUMMARY: E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Notices]
[Pages 27863-27864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11114]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC762


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to a Wharf Recapitalization Project

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

ACTION: Notice; revision of an incidental harassment authorization.

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

SUMMARY: Notice is hereby given that we have revised an incidental 
harassment authorization (IHA) issued to the U.S. Navy (Navy) to 
incidentally harass, by Level B harassment only, two species of marine 
mammals during construction activities associated with a wharf 
recapitalization project at Naval Station Mayport, Florida. The project 
has been delayed and the effective dates revised accordingly.

DATES: This authorization is now effective from September 1, 2014, 
through August 31, 2015.

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

SUPPLEMENTARY INFORMATION: 

Background

    On April 4, 2013, we received a request from the Navy for 
authorization of the taking, by Level B harassment only, of marine 
mammals incidental to pile driving in association with the Wharf C-2 
recapitalization project at Naval Station Mayport, Florida (NSM). That 
request was modified on May 9 and June 5, 2013, and a final version, 
which we deemed adequate and complete, was submitted on August 7, 2013. 
We published notice of a proposed IHA and request for comments on 
August 22, 2013 (78 FR 52148), and subsequently published final notice 
of our issuance of the IHA on November 29, 2013 (78 FR 71566). In-water 
work associated with the project was expected to be completed within 
the one-year timeframe of the IHA (effective dates originally December 
1, 2013 through November 30, 2014). Two species of marine mammal are 
expected to be affected by the specified activities: Bottlenose dolphin 
(Tursiops truncatus truncatus) and Atlantic spotted dolphin (Stenella 
frontalis). These species may occur year-round in the action area.

Summary of the Activity

    Wharf C-2 is a single level, general purpose berthing wharf 
constructed in 1960. The wharf is one of NSM's two primary deep-draft 
berths and is one of the primary ordnance handling wharfs. The wharf is 
a diaphragm steel sheet pile cell structure with a concrete apron, 
partial concrete encasement of the piling and an asphalt paved deck. 
The wharf is currently in poor condition due to advanced deterioration 
of the steel sheeting and lack of corrosion protection, and this 
structural deterioration has resulted in the institution of load 
restrictions within 60 ft of the wharf face. The purpose of this 
project is to complete necessary repairs to Wharf C-2.
    Effects to marine mammals from the specified activity are expected 
to result from underwater sound produced by vibratory and impact pile 
driving. In order to assess project impacts, the Navy used thresholds 
recommended by NMFS. The Navy assumed practical spreading loss and used 
empirically-measured source levels from representative pile driving 
events to estimate potential marine mammal exposures. The calculations 
predict that only Level B harassment would occur associated with pile 
driving activities, and required mitigation measures further ensure 
that no more than Level B harassment would occur.

Findings

    Marine Mammal Protection Act (MMPA)--As required by the MMPA in 
order to issue an IHA, we determined that (1) the required mitigation 
measures are sufficient to reduce the effects of the specified 
activities to the level of least practicable impact; (2) the authorized 
takes will have a negligible impact on the affected marine mammal 
species; (3) the authorized takes represent small numbers relative to 
the affected stock abundances; and (4) the Navy's activities will not 
have an unmitigable adverse impact on taking for subsistence purposes 
as no relevant subsistence uses of marine mammals are implicated by 
this action.
    National Environmental Policy Act (NEPA)--The Navy prepared an 
Environmental Assessment analyzing the project. We reviewed the EA and 
the public comments received and determined that it was appropriate to 
adopt the document in order to assess the impacts to the human 
environment of issuance of an IHA to the Navy. We signed a Finding of 
No Significant Impact on November 20, 2013.
    Endangered Species Act (ESA)--There are no ESA-listed marine 
mammals expected to occur in the action area. Therefore, the Navy did 
not request authorization of the incidental take of ESA-listed species 
and no such authorization was issued; therefore, no consultation under 
the ESA was required.

Summary of the Revision

    Construction activities have been delayed for the project due to 
difficulties in obtaining the necessary construction materials. No in-
water work has occurred, including all aspects of the specified 
activity considered in our issuance of the IHA. The IHA, as issued, is 
a one-year IHA with no consideration of seasonality in timing any 
component of the specified activity. Therefore, shifting the effective 
dates of

[[Page 27864]]

the IHA to accommodate the Navy's delayed schedule for this project has 
no effect on our analysis of project impacts and does not affect our 
findings. No new information is available that would substantively 
affect our analyses under the MMPA, NEPA, or ESA. All mitigation, 
monitoring, and reporting measures described in our notice of issuance 
of the IHA remain in effect. The species for which take was authorized 
and the numbers of incidences of take authorized are unchanged.
    As a result of the foregoing, we have revised the IHA issued to the 
Navy to conduct the specified activities in Naval Station Mayport, FL. 
Originally valid for one year, from December 1, 2013, through November 
30, 2014, the IHA now becomes effective on September 1, 2014, and is 
valid for one year, until August 31, 2015.

    Dated: May 7, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-11114 Filed 5-14-14; 8:45 am]
BILLING CODE 3510-22-P
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