Draft Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing-Acoustic Threshold Levels for Onset of Permanent and Temporary Threshold Shifts, 14095-14096 [2016-05886]

Download as PDF Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices percent, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-Wide rate of 118.04 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that nonPRC exporter. The deposit requirements shall remain in effect until further notice. 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Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. mstockstill on DSK4VPTVN1PROD with NOTICES This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act. 18:11 Mar 15, 2016 Jkt 238001 Appendix I—Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Withdrawal of the Regulatory Provisions Governing Targeted Dumping in Less-than-Fair-Value Investigations Comment 2: Differential Pricing Methodology Comment 3: Calculation of Separate Rate Margin Comment 4: Application of Total Adverse Facts Available (‘‘AFA’’) to Shandong Oriental Cherry Comment 5: Granting a Separate Rate to the Shandong Oriental Cherry Entity Comment 6: Rejection of Stanley’s Case Brief Comment 7: Surrogate Value for Stanley’s Steel Wire Rod Input Comment 8: Surrogate Value for Stanley’s Plastic Granules Comment 9: Treatment of Stanley’s Rubber Bands Comment 10: Use of Customer Code or Common Customer Code in the Cohen’s d Test To Identify the Purchaser in Stanley’s Margin Program Comment 11: Granting of Separate Rates to Qingdao D&L, et al. Comment 12: Tianjin Jinchi’s Status in This Review Comment 13: Yuechang’s Status in This Review V. Conclusion [FR Doc. 2016–05994 Filed 3–15–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Administrative Protective Orders VerDate Sep<11>2014 Dated: March 7, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. RIN 0648–XC969 Draft Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing—Acoustic Threshold Levels for Onset of Permanent and Temporary Threshold Shifts National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The National Marine Fisheries Service (NMFS), on behalf of NMFS and the National Ocean Service (referred collectively here as the National Oceanic and Atmospheric Administration (NOAA)), announces the availability of a document containing SUMMARY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 14095 proposed changes to its Draft Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing. The Guidance provides updated received levels, or thresholds, at which individual marine mammals under NOAA’s management authority are predicted to experience changes in their hearing sensitivity (either temporary or permanent) for all underwater anthropogenic sound sources. NOAA has re-evaluated and modified several parts of the Draft Guidance and is soliciting public comment on the proposed changes. DATES: Comments must be received by March 30, 2016. ADDRESSES: The proposed changes to the Draft Guidance are available in electronic form via the Internet at http:// www.nmfs.noaa.gov/pr/acoustics/. You may submit comments, which should be identified with NOAA– NMFS–2013–0177, by either of the following methods: Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http:// www.regulations.gov. Mail: Send comments to: Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910– 3226, Attn: Acoustic Guidance. Instructions: All comments received are a part of the public record and will generally be posted to http:// www.regulations.gov without change. All Personal Identifying Information (e.g., name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Amy Scholik-Schlomer, Office of Protected Resources, 301–427–8449, Amy.Scholik@noaa.gov. SUPPLEMENTARY INFORMATION: NOAA has developed Draft Guidance for assessing the effects of anthropogenic sound on the hearing of marine mammal species under NOAA’s jurisdiction (i.e., whales, dolphins, porpoises, seals and sea lions). Specifically, the Guidance, which is technical in nature, identifies the received levels, or thresholds, at which individual marine mammals are E:\FR\FM\16MRN1.SGM 16MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 14096 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices predicted to experience changes in their hearing sensitivity (either temporary or permanent) for all underwater anthropogenic sound sources. This Guidance is intended to be used by NOAA analysts and managers and other relevant user groups and stakeholders, including other federal agencies, when seeking to determine whether and how their activities are expected to result in particular types of impacts to marine mammals via acoustic exposure. The document outlines NOAA’s updated acoustic threshold levels, describes in detail how the thresholds were developed, and explains how we intend to update them in the future. NOAA first published a Federal Register Notice on December 27, 2013, announcing the availability of the Draft Guidance and a 30-day public comment period (78 FR 78822), which was extended another 45 days based upon public request (79 FR 4672; January 29, 2014). While NOAA was in the process of evaluating and addressing public comments, the U.S. Navy updated its methodology for the development of marine mammal auditory weighting functions and acoustic threshold levels. NOAA evaluated the proposed methodology and determined that it reflected the best available science. As a result, NOAA incorporated the Navy’s methodology into our Draft Guidance and conducted another 45-day public comment period (80 FR 45642; July 31, 2015). Please refer to these Federal Register Notices for additional background about the 2013 and 2015 Draft Guidance. While NOAA was working to address public comments from the second public comment period and finalize the Guidance, NOAA and the Navy (SPAWAR Systems Center Pacific) further evaluated certain aspects of the U.S. Navy’s methodology. As a result, several recommendations/modifications were suggested. The recommendations include: An updated methodology for predicting a composite audiogram for LF cetaceans; modification of the methodology used to establish auditory threshold levels for LF cetaceans; movement of the whitebeaked dolphin (Lagenorhynchus albirostris) from mid-frequency (MF) to high-frequency (HF) cetaceans; the inclusion of a newly published harbor porpoise (HF cetacean) audiogram (Kastelein et al. 2015); the exclusion of multiple data sets from the phocid pinniped weighting function; removal of peak sound pressure level (PK) acoustic threshold levels for non-impulsive sounds; and updated methodology for deriving PK acoustic threshold levels for VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 functional hearing groups where no data are available. After consideration of these recommendations, NOAA has updated the Draft Guidance to reflect the suggested changes and is soliciting public comment on those revisions, which have been placed in a standalone document, via a focused 14-day public comment period. As the Guidance is finalized, NOAA will address all substantive public comments on the Guidance (i.e., from the first and second public comment periods, as well as those from this focused third public comment period). Accordingly, there is no need to reiterate or resubmit comments made during the first and second public comment period on other sections of the Draft Guidance. NOAA encourages the public to focus comment on the document containing the proposed changes to the Guidance. The Guidance is classified as a Highly Influential Scientific Assessment by the Office of Management and Budget. As such, independent peer review is required prior to broad public dissemination by the Federal Government. As part of this process, NOAA has conducted three independent peer reviews in association with the Guidance. Details of all peer reviews can be found within the Guidance and at the following Web site: http://www.nmfs.noaa.gov/pr/ acoustics/. Concurrent with this third public comment period, NOAA requested that the peer reviewers of the Navy’s methodology review the document containing the proposed changes to the Draft Guidance and indicate whether the revisions would significantly alter any of the comments made during their original review. Dated: March 10, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016–05886 Filed 3–15–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE407 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 ACTION: Notice; request for comments. We have made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. This EFP would allow two commercial fishing vessels to trawl for summer flounder using an experimental Turtle Excluder Device to test target species catch retention rates, and exempt the vessels from minimum size requirements and possession limits found at 50 CFR part 648 in order to sample the catch for scientific purposes. The Magnuson-Stevens Fishery Conservation and Management Act requires publication of this notice to provide the public an opportunity to comment on the proposed Exempted Fishing Permit. DATES: Comments must be received on or before March 31, 2016. ADDRESSES: You may submit written comments by any of the following methods: • Email: NMFS.GAR.EFP@noaa.gov. Include in the subject line ‘‘Comments on CFF Fluke Cable TED EFP.’’ • Mail: John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on CFF Fluke Cable TED EFP.’’ FOR FURTHER INFORMATION CONTACT: Elizabeth Scheimer, Fisheries Management Specialist, 978–281–9236, Elizabeth.scheimer@noaa.gov. SUPPLEMENTARY INFORMATION: The Coonamessett Farm Foundation (CFF) submitted a complete application for an Exempted Fishing Permit (EFP) on December 15, 2015, to conduct commercial fishing activities that the regulations would otherwise restrict. The EFP would authorize two vessels to temporarily retain undersized and prohibited catch for biological sampling during experimental Turtle Excluder Device (TED) testing in the summer flounder fishery. Currently approved TEDs have been shown to reduce summer flounder targeted catch at a level that is of concern to the industry, and the objective of this research is to find TED gear configurations that exclude sea turtles while maintaining target catch. The CFF would test an experimental TED made of flexible cable instead of aluminum or steel pipe in bottom trawl gear directed on summer flounder. The TED was already tested in 2015 for its ability to exclude sea turtles, but is not yet certified, and this research will quantify catch retention. This TED would be attached in a 3-inch mesh TED SUMMARY: E:\FR\FM\16MRN1.SGM 16MRN1

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[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14095-14096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05886]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC969


Draft Guidance for Assessing the Effects of Anthropogenic Sound 
on Marine Mammal Hearing--Acoustic Threshold Levels for Onset of 
Permanent and Temporary Threshold Shifts

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

ACTION: Notice; request for comments.

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

SUMMARY: The National Marine Fisheries Service (NMFS), on behalf of 
NMFS and the National Ocean Service (referred collectively here as the 
National Oceanic and Atmospheric Administration (NOAA)), announces the 
availability of a document containing proposed changes to its Draft 
Guidance for Assessing the Effects of Anthropogenic Sound on Marine 
Mammal Hearing. The Guidance provides updated received levels, or 
thresholds, at which individual marine mammals under NOAA's management 
authority are predicted to experience changes in their hearing 
sensitivity (either temporary or permanent) for all underwater 
anthropogenic sound sources. NOAA has re-evaluated and modified several 
parts of the Draft Guidance and is soliciting public comment on the 
proposed changes.

DATES: Comments must be received by March 30, 2016.

ADDRESSES: The proposed changes to the Draft Guidance are available in 
electronic form via the Internet at http://www.nmfs.noaa.gov/pr/acoustics/.
    You may submit comments, which should be identified with NOAA-NMFS-
2013-0177, by either of the following methods:
    Electronic Submissions: Submit all electronic public comments via 
the Federal eRulemaking Portal http://www.regulations.gov.
    Mail: Send comments to: Chief, Marine Mammal and Sea Turtle 
Conservation Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3226, Attn: Acoustic Guidance.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (e.g., name, address, 
etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Amy Scholik-Schlomer, Office of 
Protected Resources, 301-427-8449, Amy.Scholik@noaa.gov.

SUPPLEMENTARY INFORMATION: NOAA has developed Draft Guidance for 
assessing the effects of anthropogenic sound on the hearing of marine 
mammal species under NOAA's jurisdiction (i.e., whales, dolphins, 
porpoises, seals and sea lions). Specifically, the Guidance, which is 
technical in nature, identifies the received levels, or thresholds, at 
which individual marine mammals are

[[Page 14096]]

predicted to experience changes in their hearing sensitivity (either 
temporary or permanent) for all underwater anthropogenic sound sources. 
This Guidance is intended to be used by NOAA analysts and managers and 
other relevant user groups and stakeholders, including other federal 
agencies, when seeking to determine whether and how their activities 
are expected to result in particular types of impacts to marine mammals 
via acoustic exposure. The document outlines NOAA's updated acoustic 
threshold levels, describes in detail how the thresholds were 
developed, and explains how we intend to update them in the future.
    NOAA first published a Federal Register Notice on December 27, 
2013, announcing the availability of the Draft Guidance and a 30-day 
public comment period (78 FR 78822), which was extended another 45 days 
based upon public request (79 FR 4672; January 29, 2014). While NOAA 
was in the process of evaluating and addressing public comments, the 
U.S. Navy updated its methodology for the development of marine mammal 
auditory weighting functions and acoustic threshold levels. NOAA 
evaluated the proposed methodology and determined that it reflected the 
best available science. As a result, NOAA incorporated the Navy's 
methodology into our Draft Guidance and conducted another 45-day public 
comment period (80 FR 45642; July 31, 2015). Please refer to these 
Federal Register Notices for additional background about the 2013 and 
2015 Draft Guidance.
    While NOAA was working to address public comments from the second 
public comment period and finalize the Guidance, NOAA and the Navy 
(SPAWAR Systems Center Pacific) further evaluated certain aspects of 
the U.S. Navy's methodology. As a result, several recommendations/
modifications were suggested.
    The recommendations include: An updated methodology for predicting 
a composite audiogram for LF cetaceans; modification of the methodology 
used to establish auditory threshold levels for LF cetaceans; movement 
of the white-beaked dolphin (Lagenorhynchus albirostris) from mid-
frequency (MF) to high-frequency (HF) cetaceans; the inclusion of a 
newly published harbor porpoise (HF cetacean) audiogram (Kastelein et 
al. 2015); the exclusion of multiple data sets from the phocid pinniped 
weighting function; removal of peak sound pressure level (PK) acoustic 
threshold levels for non-impulsive sounds; and updated methodology for 
deriving PK acoustic threshold levels for functional hearing groups 
where no data are available.
    After consideration of these recommendations, NOAA has updated the 
Draft Guidance to reflect the suggested changes and is soliciting 
public comment on those revisions, which have been placed in a stand-
alone document, via a focused 14-day public comment period. As the 
Guidance is finalized, NOAA will address all substantive public 
comments on the Guidance (i.e., from the first and second public 
comment periods, as well as those from this focused third public 
comment period). Accordingly, there is no need to reiterate or resubmit 
comments made during the first and second public comment period on 
other sections of the Draft Guidance. NOAA encourages the public to 
focus comment on the document containing the proposed changes to the 
Guidance.
    The Guidance is classified as a Highly Influential Scientific 
Assessment by the Office of Management and Budget. As such, independent 
peer review is required prior to broad public dissemination by the 
Federal Government. As part of this process, NOAA has conducted three 
independent peer reviews in association with the Guidance. Details of 
all peer reviews can be found within the Guidance and at the following 
Web site: http://www.nmfs.noaa.gov/pr/acoustics/ acoustics/. Concurrent with this 
third public comment period, NOAA requested that the peer reviewers of 
the Navy's methodology review the document containing the proposed 
changes to the Draft Guidance and indicate whether the revisions would 
significantly alter any of the comments made during their original 
review.

    Dated: March 10, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-05886 Filed 3-15-16; 8:45 am]
 BILLING CODE 3510-22-P