Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Elliot Bay Seawall Project in Seattle, Washington, 73730-73731 [2015-29979]

Download as PDF 73730 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices information. Accurate representations of material facts submitted to CITA for the Commercial Availability Proceeding are vital to the integrity of this process and are necessary for CITA’s effective administration of the statutory scheme. Each submission containing factual information for CITA’s consideration must be accompanied by the appropriate certification regarding the accuracy of the factual information. Any submission that lacks the applicable certifications will be considered an incomplete submission that CITA will reject and return to the submitter. CITA may verify any factual information submitted by interested entities in a Commercial Availability Proceeding. tkelley on DSK3SPTVN1PROD with NOTICES II. Method of Collection All submissions for a commercial availability proceeding pursuant to these procedures (e.g., Commercial Availability Request, Response, Rebuttal, and Request to Remove) must be in English. If any attachments are in a language other than English, a complete translation must be provided. Each submission must be submitted to the Chairman of CITA, in care of the U.S. Department of Commerce’s Office of Textiles and Apparel (‘‘OTEXA’’) in two forms: email and an original signed submission. An email version of the submission must be either in PDF or Word format, must contain an adequate public summary of any business confidential information and the due diligence certification, and should be sent to OTEXA.KOREA@trade.gov. The email version of the submission will be posted for public review on KOREA FTA Commercial Availability Web site. No business confidential information should be submitted in the email version of any document. Brackets must be placed around all business confidential information contained in submissions. Documents containing business confidential information must have a bolded heading stating ‘‘Confidential Version.’’ Attachments considered business confidential information must have a heading stating ‘‘Business Confidential Information.’’ Documents, including those submitted via email, provided for public release must have a bolded heading stating ‘‘Public Version’’ and all the business confidential information must be deleted from public versions, and substituted with an adequate public summary. III. Data OMB Control Number: 0625–0270. Form Number(s): None. Type of Review: Regular submission. VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 Affected Public: Individuals or Business. Estimated Number of Respondents: 16. Estimated Time per Response: 8 hours for Request for Commercial Availability Determination; 2 hours for Response to a Request; and 1 hour for Rebuttal. Estimated Total Annual Burden Hours: 89. Estimated Total Annual Cost to Public: $3,440. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: November 19, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2015–29933 Filed 11–24–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–BC69 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Elliot Bay Seawall Project in Seattle, Washington National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of a Letter of Authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 the City of Seattle’s Department of Transportation (SDOT) for the take of eight species of marine mammals incidental to pile driving activities associated with the Elliot Bay Seawall Project (EBSP). DATES: Effective from October 22, 2015, through August 31, 2016. ADDRESSES: The LOA and supporting documentation are available for review on the Internet at: www.nmfs.noaa.gov/ pr/permits/incidental/construction.htm. Documents cited in this notice may also be viewed, by appointment, during regular business hours at the Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910– 3225, by telephoning the contact listed under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Zach Hughes, Office of Protected Resources, NMFS, 301–427–8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issues or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Under the MMPA, the term ‘‘take’’ means to harass, hunt, capture, or kill marine mammals. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the identified species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring, and reporting of such takings are set forth in the regulations. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ‘‘. . . an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.’’ Regulations governing the taking of harbor seals (Phoca vitulina richardii), California sea lions (Zalophus californianus), Steller sea lions (Eumetopias jubatus monteriensis), harbor porpoise (Phocoena phocoena E:\FR\FM\25NON1.SGM 25NON1 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES vomerina), Dall’s porpoise (Phocoenoides dalli dalli), southern resident and transient killer whales (Orcinus orca), gray whales (Eschrichtius robustus), and humpback whales (Megaptera novaeangliae), by harassment, incidental to pile driving activities in Elliot Bay for the EBSP, were issued on October 21, 2013 (78 FR 63396, October 24, 2013), and remain in effect until October 21, 2018. For detailed information on this action, please refer to that document. The regulations include mitigation, monitoring, and reporting requirements for the incidental take of marine mammals during pile driving activities associated with the EBSP. Pursuant to those regulations, NMFS first issued an LOA, effective from October 22, 2013, through October 21, 2014, and a second LOA, effective from October 22, 2014, through October 21, 2015. SDOT conducted activities as described, implemented the required mitigation methods, and conducted the required monitoring. Monitoring Reports The total number of potentially harassed marine mammals was well below the authorized limits, with the exception of the California sea lion. The reported take for California sea lion for the 2014–2015 Letter of Authorization, by Level B harassment only, exceeded the annually authorized level. Please see the monitoring report at http:// www.nmfs.noaa.gov/pr/permits/ incidental/construction.htm for more detail. This resulted in part because of an error in our assumptions relating to the proposed take estimates in the original rule, i.e., the number of California sea lions regularly hauling out on buoys in Elliot Bay. Based on our review of monitoring to date we plan to revise future take estimates by assuming an estimated daily exposure of up to 7 California sea lions (as compared with 5 assumed in regulations). Because this revision of the estimated number of California sea lions constitutes less than 0.1 percent of the population for California sea lions, and is the same kind of take anticipated in the regulations, it remains consistent with the determinations of negligible impact and small numbers, and our subsistence findings for the specified activity and remaining years of the issued regulations for the EBSP. Authorization NMFS has issued an LOA to SDOT authorizing the Level B harassment of marine mammals incidental to pile driving activities associated with the EBSP at Seattle, WA. Take of marine VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 mammals will be minimized through implementation of the following mitigation measures: (1) Limited impact pile driving; (2) containment of impact pile driving; (3) additional sound attenuation measures; (4) ramp-up of pile-related activities; (5) marine mammal exclusion zones; and (6) shutdown and delay procedures. SDOT will also conduct visual monitoring and underwater acoustic monitoring for mitigation and research purposes. Reports will be submitted to NMFS at the time of request for a renewal of the LOA, and a final comprehensive report, which will summarize all previous reports and assess cumulative impacts, will be submitted before the rule expires. Issuance of this LOA is based on the results of the monitoring reports that verified that the total number of potentially harassed marine mammals was below the authorized limits, with the exception of the California sea lion (as discussed above). Based on these findings and the information discussed in the preamble to the final rule, the activities described under the LOA will have a negligible impact on the marine mammal stocks and will not have an unmitigable adverse impact on the availability of the affected marine mammal stocks for subsistence uses. No injury, serious injury, or mortality of the affected species is anticipated. Dated: October 28, 2015. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015–29979 Filed 11–24–15; 8:45 am] BILLING CODE 3510–22–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Renew Collection Numbers 3038–0068, 3038– 0083, and 3038–0088, Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants Commodity Futures Trading Commission. ACTION: Notice. AGENCY: The Commodity Futures Trading Commission (‘‘CFTC’’ or ‘‘Commission’’) is announcing an opportunity for public comment on the proposed renewal of three collections of certain information by the agency. Under the Paperwork Reduction Act (‘‘PRA’’), Federal agencies are required SUMMARY: PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 73731 to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on the collections of information mandated by §§ 23.500 to 23.505 of the Commission regulations (Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants). DATES: Comments must be submitted on or before January 25, 2016. ADDRESSES: You may submit comments, identified by ‘‘Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants’’,’’ and Collection Numbers 3038–0068, 3038–0083, and 3038–0088 by any of the following methods: • The Agency’s Web site, at http:// comments.cftc.gov/. Follow the instructions for submitting comments through the Web site. • Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. • Hand Delivery/Courier: Same as Mail above. • Federal eRulemaking Portal: http:// www.regulations.gov/. Follow the instructions for submitting comments through the Portal. Please submit your comments using only one method. All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to www.cftc.gov. FOR FURTHER INFORMATION CONTACT: Gregory Scopino, Special Counsel, Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, (202) 418–5496; email: gscopino@cftc.gov. SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain approval from the Office of Management and Budget (‘‘OMB’’) for each collection of information they conduct or sponsor. ‘‘Collection of Information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, E:\FR\FM\25NON1.SGM 25NON1

Agencies

[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73730-73731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29979]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BC69


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the Elliot Bay Seawall Project in Seattle, Washington

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

ACTION: Notice of issuance of a Letter of Authorization.

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

SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the City of 
Seattle's Department of Transportation (SDOT) for the take of eight 
species of marine mammals incidental to pile driving activities 
associated with the Elliot Bay Seawall Project (EBSP).

DATES: Effective from October 22, 2015, through August 31, 2016.

ADDRESSES: The LOA and supporting documentation are available for 
review on the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. Documents cited in this notice may also be viewed, by 
appointment, during regular business hours at the Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3225, by telephoning the contact listed under 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Zach Hughes, Office of Protected 
Resources, NMFS, 301-427-8401.

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce to allow, upon request, the incidental, but 
not intentional, taking of small numbers of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified geographical region if certain findings are 
made and either regulations are issues or, if the taking is limited to 
harassment, notice of a proposed authorization is provided to the 
public for review. Under the MMPA, the term ``take'' means to harass, 
hunt, capture, or kill marine mammals. Authorization for incidental 
takings shall be granted if NMFS finds that the taking will have a 
negligible impact on the identified species or stock(s), will not have 
an unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant), and if the permissible 
methods of taking and requirements pertaining to the mitigation, 
monitoring, and reporting of such takings are set forth in the 
regulations. NMFS has defined ``negligible impact'' in 50 CFR 216.103 
as ``. . . an impact resulting from the specified activity that cannot 
be reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.'' Regulations governing the taking of harbor 
seals (Phoca vitulina richardii), California sea lions (Zalophus 
californianus), Steller sea lions (Eumetopias jubatus monteriensis), 
harbor porpoise (Phocoena phocoena

[[Page 73731]]

vomerina), Dall's porpoise (Phocoenoides dalli dalli), southern 
resident and transient killer whales (Orcinus orca), gray whales 
(Eschrichtius robustus), and humpback whales (Megaptera novaeangliae), 
by harassment, incidental to pile driving activities in Elliot Bay for 
the EBSP, were issued on October 21, 2013 (78 FR 63396, October 24, 
2013), and remain in effect until October 21, 2018. For detailed 
information on this action, please refer to that document. The 
regulations include mitigation, monitoring, and reporting requirements 
for the incidental take of marine mammals during pile driving 
activities associated with the EBSP. Pursuant to those regulations, 
NMFS first issued an LOA, effective from October 22, 2013, through 
October 21, 2014, and a second LOA, effective from October 22, 2014, 
through October 21, 2015. SDOT conducted activities as described, 
implemented the required mitigation methods, and conducted the required 
monitoring.

Monitoring Reports

    The total number of potentially harassed marine mammals was well 
below the authorized limits, with the exception of the California sea 
lion. The reported take for California sea lion for the 2014-2015 
Letter of Authorization, by Level B harassment only, exceeded the 
annually authorized level. Please see the monitoring report at http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm for more 
detail. This resulted in part because of an error in our assumptions 
relating to the proposed take estimates in the original rule, i.e., the 
number of California sea lions regularly hauling out on buoys in Elliot 
Bay. Based on our review of monitoring to date we plan to revise future 
take estimates by assuming an estimated daily exposure of up to 7 
California sea lions (as compared with 5 assumed in regulations).
    Because this revision of the estimated number of California sea 
lions constitutes less than 0.1 percent of the population for 
California sea lions, and is the same kind of take anticipated in the 
regulations, it remains consistent with the determinations of 
negligible impact and small numbers, and our subsistence findings for 
the specified activity and remaining years of the issued regulations 
for the EBSP.

Authorization

    NMFS has issued an LOA to SDOT authorizing the Level B harassment 
of marine mammals incidental to pile driving activities associated with 
the EBSP at Seattle, WA. Take of marine mammals will be minimized 
through implementation of the following mitigation measures: (1) 
Limited impact pile driving; (2) containment of impact pile driving; 
(3) additional sound attenuation measures; (4) ramp-up of pile-related 
activities; (5) marine mammal exclusion zones; and (6) shutdown and 
delay procedures. SDOT will also conduct visual monitoring and 
underwater acoustic monitoring for mitigation and research purposes. 
Reports will be submitted to NMFS at the time of request for a renewal 
of the LOA, and a final comprehensive report, which will summarize all 
previous reports and assess cumulative impacts, will be submitted 
before the rule expires.
    Issuance of this LOA is based on the results of the monitoring 
reports that verified that the total number of potentially harassed 
marine mammals was below the authorized limits, with the exception of 
the California sea lion (as discussed above). Based on these findings 
and the information discussed in the preamble to the final rule, the 
activities described under the LOA will have a negligible impact on the 
marine mammal stocks and will not have an unmitigable adverse impact on 
the availability of the affected marine mammal stocks for subsistence 
uses. No injury, serious injury, or mortality of the affected species 
is anticipated.

    Dated: October 28, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-29979 Filed 11-24-15; 8:45 am]
BILLING CODE 3510-22-P