Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Submarine Base New London Pier Construction, 45828-45829 [2017-21072]
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Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
affected marine mammal species or
stocks.
Small Numbers
As noted above, only small numbers
of incidental take may be authorized
under Section 101(a)(5)(D) of the MMPA
for specified activities other than
military readiness activities. The MMPA
does not define small numbers and so,
in practice, where estimated numbers
are available, NMFS compares the
number of individuals taken to the most
appropriate estimation of abundance of
the relevant species or stock in our
determination of whether an
authorization is limited to small
numbers of marine mammals.
Additionally, other qualitative factors
may be considered in the analysis, such
as the temporal or spatial scale of the
activities.
The number of incidents of take
planned for authorization for these
stocks, with the exception of the coastal
bottlenose dolphin (see below), would
be considered small relative to the
relevant stocks or populations (see
Table 8) even if each estimated taking
occurred to a new individual. This is an
extremely unlikely scenario as, for
pinnipeds occurring at the NBPL
waterfront, there will almost certainly
be some overlap in individuals present
day-to-day and in general, there is likely
to be some overlap in individuals
present day-to-day for animals in
estuarine/inland waters.
The numbers of authorized take for
bottlenose dolphins are higher relative
to the total stock abundance estimate
and would not represent small numbers
if a significant portion of the take was
for a new individual. However, these
numbers represent the estimated
incidents of take, not the number of
individuals taken. That is, it is likely
that a relatively small subset of
California coastal bottlenose dolphins
would be incidentally harassed by
project activities. California coastal
bottlenose dolphins range from San
Francisco Bay to San Diego (and south
into Mexico) and the specified activity
would be stationary within an enclosed
water body that is not recognized as an
area of any special significance for
coastal bottlenose dolphins (and is
therefore not an area of dolphin
aggregation, as evident in Navy
observational records). We therefore
believe that the estimated numbers of
takes, were they to occur, likely
represent repeated exposures of a much
smaller number of bottlenose dolphins
and that, based on the limited region of
exposure in comparison with the known
distribution of the coastal bottlenose
dolphin, these estimated incidents of
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19:01 Sep 29, 2017
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take represent small numbers of
bottlenose dolphins.
Based on the analysis contained
herein of the planned activity (including
the mitigation and monitoring
measures) and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals will
be taken relative to the population size
of the affected species or stocks.
Impact on Availability of Affected
Species for Taking for Subsistence Uses
There are no relevant subsistence uses
of the affected marine mammal stocks or
species implicated by this action.
Therefore, NMFS has determined that
the total taking of affected species or
stocks would not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally, in this
case with the ESA Interagency
Cooperation Division, whenever we
propose to authorize take for
endangered or threatened species.
The Navy initiated informal
consultation under section 7 of the ESA
with NMFS Southwest Regional Office
(now West Coast Regional Office) on
March 5, 2013. NMFS concluded on
May 16, 2013, that the planned action
may affect, but is not likely to adversely
affect, WNP gray whales. The Navy has
not requested authorization of the
incidental take of WNP gray whales and
we are not authorizing it, and there are
no other ESA-listed marine mammals
found in the action area. Therefore, no
consultation under the ESA is required.
Dated: September 27, 2017.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2017–21044 Filed 9–29–17; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF697
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Navy Submarine
Base New London Pier Construction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
letter of authorization; request for
comments and information.
AGENCY:
NMFS has received a request
from the U.S. Navy (Navy) for
authorization to take, by harassment, of
marine mammals incidental to
conducting pier construction at the
Navy Submarine Base New London in
Groton, Connecticut, beginning October
2018 and ending March 2022. Pursuant
to the implementing regulations of the
Marine Mammal Protection Act
(MMPA), NMFS is announcing our
receipt of the Navy’s request for
regulations governing the incidental
taking of marine mammals and inviting
information, suggestions, and comments
on the Navy’s application and request.
DATES: Comments and information must
be received no later than November 1,
2017.
ADDRESSES: Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits, Conservation
and Education Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910–
3225. The mailbox address for providing
email comments is ITP.guan@noaa.gov.
Instructions: NMFS is not responsible
for email comments sent to addresses
other than the one provided here.
Comments sent via email, including all
attachments, must not exceed a 10megabyte file size. All comments
received are a part of the public record
and will generally be posted to
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm without
change. All Personal Identifying
Information (for example, name,
address, etc.) voluntarily submitted by
the commenter may be publicly
accessible. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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02OCN1
Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices
Availability
An electronic copy of the Navy’s
application may be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm.
Background
sradovich on DSK3GMQ082PROD with NOTICES
Sections 101(a)(5)(A) and (D) of the
Marine Mammal Protection Act of 1972,
as amended (MMPA; 16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(Secretary) to allow, upon request, the
incidental, but not intentional taking of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) if certain findings
are made and regulations are issued or,
if the taking is limited to harassment,
notice of a proposed authorization is
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the 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 taking are set forth.
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.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
The use of sound sources such as
those described in the application (e.g.,
pile driving) may result in the take of
marine mammals through disruption of
behavioral patterns or may cause
auditory injury of marine mammals.
Therefore, incidental take authorization
under the MMPA is warranted.
Summary of Request
On March 22, 2017, NMFS received
an application from the Navy requesting
authorization to take a small number of
harbor and gray seals, by Level A and
Level B harassment, incidental to noise
exposure resulting from conducting pier
VerDate Sep<11>2014
19:01 Sep 29, 2017
Jkt 244001
45829
construction activities at the Navy
Submarine Base New London in Groton,
Connecticut, from October 2018 to
March 2022. On August 31, 2017, NMFS
deemed the application adequate and
complete.
potential development and
implementation of regulations
governing the incidental taking of
marine mammals by the Navy’s
Submarine Base New London pier
construction.
Description of the Specified Activity
The proposed Submarine Base New
London pier construction includes
construction of the new Pier 32 and the
demolishing of the existing Pier 32 and
Pier 10. Structural support piles for Pier
32 would consist of approximately 120
concrete-filled steel pipe piles
measuring 36 inches in diameter. The
piles would be driven between 40 feet
(ft) below the mudline near the shore
and 150 ft below the mudline at the end
of the pier. Fender piles would also be
installed and would consist of
approximately 194 fiberglass-reinforced
plastic piles measuring 16 inches in
diameter. Demolition of existing Pier 32
would include the removal by vibratory
driver-extractor (hammer) of
approximately 60 steel piles from the
temporary work trestle, 120 concreteencased steel H-piles, and 70 steel Hpiles. Fifty-six wood piles would be
pulled with a sling. Demolition of Pier
10 would include the removal by
vibratory hammer of 24 concreteencased, steel H-piles and 166 cast-inplace, reinforced concrete piles. Eightfour steel fender piles and 41 wood
piles would be pulled with a sling. A
total of 440 piles would be removed by
vibratory hammer for both piers and the
work trestle.
The in-water construction and
demolition activities are anticipated to
begin in October 2018 and take
approximately 35 non-consecutive
months to complete. However, the rule
will cover a five-year period to
encompass additional time should
delays occur.
A suite of proposed mitigation and
monitoring measures for marine
mammals that could potentially be
taken during in-water construction
activities includes: (1) Establishing and
monitoring Level A and Level B zones
with protected species observers (PSOs),
(2) establishing a 10-m shutdown and
implementing shutdown measures with
an animal is detected to approach the
shutdown zone, and (3) limiting pile
driving and pile removal activities
during daylight hours only.
Dated: September 27, 2017.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the Navy’s request (see
ADDRESSES). NMFS will consider all
information, suggestions, and comments
related to the Navy’s request and NMFS’
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[FR Doc. 2017–21072 Filed 9–29–17; 8:45 am]
BILLING CODE 3510–22–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Additions and
Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to and deletions from
the Procurement List.
AGENCY:
This action adds products and
services to the Procurement List that
will be furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities, and
deletes products and a service from the
Procurement List previously furnished
by such agencies.
DATES: Date added to and deleted from
the Procurement List: October 29, 2017.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S. Clark Street, Suite
715, Arlington, Virginia 22202–4149.
FOR FURTHER INFORMATION CONTACT:
Amy B. Jensen, Telephone: (703) 603–
7740, Fax: (703) 603–0655, or email
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Additions
On 6/30/2017 (82 FR 29852), 8/18/
2017 (82 FR 39413–39414), and 8/25/
2017 (82 FR 40569–40570), the
Committee for Purchase From People
Who Are Blind or Severely Disabled
published notices of proposed additions
to the Procurement List.
After consideration of the material
presented to it concerning capability of
qualified nonprofit agencies to provide
the products and services and impact of
the additions on the current or most
recent contractors, the Committee has
determined that the products and
services listed below are suitable for
procurement by the Federal Government
under 41 U.S.C. 8501–8506 and 41 CFR
51–2.4.
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[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45828-45829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21072]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF697
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Submarine Base New London Pier Construction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for letter of authorization;
request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for
authorization to take, by harassment, of marine mammals incidental to
conducting pier construction at the Navy Submarine Base New London in
Groton, Connecticut, beginning October 2018 and ending March 2022.
Pursuant to the implementing regulations of the Marine Mammal
Protection Act (MMPA), NMFS is announcing our receipt of the Navy's
request for regulations governing the incidental taking of marine
mammals and inviting information, suggestions, and comments on the
Navy's application and request.
DATES: Comments and information must be received no later than November
1, 2017.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits, Conservation and Education Division, Office
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3225. The mailbox address for
providing email comments is ITP.guan@noaa.gov.
Instructions: NMFS is not responsible for email comments sent to
addresses other than the one provided here. Comments sent via email,
including all attachments, must not exceed a 10-megabyte file size. All
comments received are a part of the public record and will generally be
posted to www.nmfs.noaa.gov/pr/permits/incidental/construction.htm
without change. All Personal Identifying Information (for example,
name, address, etc.) voluntarily submitted by the commenter may be
publicly accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
[[Page 45829]]
Availability
An electronic copy of the Navy's application may be obtained online
at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary
of Commerce (Secretary) to allow, upon request, the incidental, but not
intentional taking of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) if certain findings
are made and regulations are issued or, if the taking is limited to
harassment, notice of a proposed authorization is provided to the
public for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the 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 taking
are set forth.
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.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
The use of sound sources such as those described in the application
(e.g., pile driving) may result in the take of marine mammals through
disruption of behavioral patterns or may cause auditory injury of
marine mammals. Therefore, incidental take authorization under the MMPA
is warranted.
Summary of Request
On March 22, 2017, NMFS received an application from the Navy
requesting authorization to take a small number of harbor and gray
seals, by Level A and Level B harassment, incidental to noise exposure
resulting from conducting pier construction activities at the Navy
Submarine Base New London in Groton, Connecticut, from October 2018 to
March 2022. On August 31, 2017, NMFS deemed the application adequate
and complete.
Description of the Specified Activity
The proposed Submarine Base New London pier construction includes
construction of the new Pier 32 and the demolishing of the existing
Pier 32 and Pier 10. Structural support piles for Pier 32 would consist
of approximately 120 concrete-filled steel pipe piles measuring 36
inches in diameter. The piles would be driven between 40 feet (ft)
below the mudline near the shore and 150 ft below the mudline at the
end of the pier. Fender piles would also be installed and would consist
of approximately 194 fiberglass-reinforced plastic piles measuring 16
inches in diameter. Demolition of existing Pier 32 would include the
removal by vibratory driver-extractor (hammer) of approximately 60
steel piles from the temporary work trestle, 120 concrete-encased steel
H-piles, and 70 steel H-piles. Fifty-six wood piles would be pulled
with a sling. Demolition of Pier 10 would include the removal by
vibratory hammer of 24 concrete-encased, steel H-piles and 166 cast-in-
place, reinforced concrete piles. Eight-four steel fender piles and 41
wood piles would be pulled with a sling. A total of 440 piles would be
removed by vibratory hammer for both piers and the work trestle.
The in-water construction and demolition activities are anticipated
to begin in October 2018 and take approximately 35 non-consecutive
months to complete. However, the rule will cover a five-year period to
encompass additional time should delays occur.
A suite of proposed mitigation and monitoring measures for marine
mammals that could potentially be taken during in-water construction
activities includes: (1) Establishing and monitoring Level A and Level
B zones with protected species observers (PSOs), (2) establishing a 10-
m shutdown and implementing shutdown measures with an animal is
detected to approach the shutdown zone, and (3) limiting pile driving
and pile removal activities during daylight hours only.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
Navy's request and NMFS' potential development and implementation of
regulations governing the incidental taking of marine mammals by the
Navy's Submarine Base New London pier construction.
Dated: September 27, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2017-21072 Filed 9-29-17; 8:45 am]
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