Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the New England Wind Project, Offshore Massachusetts, 60356-60358 [2024-16411]
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60356
Federal Register / Vol. 89, No. 143 / Thursday, July 25, 2024 / Notices
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Community Engagement on the Open
Security Controls Assessment
Language (OSCAL)
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice.
AGENCY:
The National Institute of
Standards and Technology (NIST) is
seeking to identify stakeholders
involved in ongoing or planned
activities, including but not limited to
standardization, education, and
adoption, related to the Open Security
Controls Assessment Language
(OSCAL).
SUMMARY:
NIST will accept written
questions for clarification, comments,
and/or pertinent feedback until 11:59
p.m. Eastern Time on August 8, 2024.
ADDRESSES: Community members
involved in ongoing or planned OSCALrelated efforts can submit written
questions for clarification, comments,
and/or pertinent feedback via email to:
oscal@nist.gov or by mail to the contact
identified below. Submissions via email
should include ‘‘OSCAL Engagement’’
in the subject line of the message.
FOR FURTHER INFORMATION CONTACT:
Michaela Iorga via email to oscal@
nist.gov or by phone at 301–975–8431,
or by mail to National Institute of
Standards and Technology, 100 Bureau
Drive, Gaithersburg, Maryland 20899,
Attn: Michaela Iorga, ITL/CSD.
SUPPLEMENTARY INFORMATION:
Background: The Federal Information
Security Modernization Act (FISMA) of
2014 (Pub. L. 113–283, 44 U.S.C. 3554)
emphasized the importance of
information security to the economic
and national security interests of the
United States. FISMA requires agency
heads to report on the adequacy and
effectiveness of their enterprise’s
information security policies,
procedures, and practices. For two
decades, agencies worked diligently to
implement the Office of Management
and Budget (OMB) Circular A–130:
‘‘Managing Information as a Strategic
Resource,’’ employing Authorization to
Operate (ATO) processes reliant on
paper-based documentation, manual
assessment processes, and noninteroperable proprietary automation
processes and tools that do not support
security data portability.
NIST initiated the development of the
Open Security Controls Assessment
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DATES:
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Language (OSCAL) to support
automated (or computer-assisted)
assessment and risk management
through operationally sustainable means
and to fill federal, national, and
international gaps in security
assessment automation by providing a
set of data-centric, regulatory-agnostic,
technical specifications capable of
expressing security information in
machine-readable formats (XML, JSON
or YAML), in support of risk
management automation.
The NIST OSCAL program has been
working with the public to develop a
standardized, open-source, actionable
data framework referred to as OSCAL,
OSCAL models, or OSCAL framework,
and a service interface and proof-ofconcept tools for representing and
exchanging high-fidelity controls-based
IT system risk management data
between applications hosted by
multiple organizations. This OSCAL
framework, the service interface, and
tools provide the foundation for a high
degree of automation around assessing
the underlying system implementation
state and the extent to which this state
ensures that security and privacy
controls are implemented and remain
effective.
The immediate acceptance and
successful international adoption of the
OSCAL framework calls for a long-term
NIST vision of OSCAL evolution and
incremental maturity into open-source
standards developed by industryaccepted standards development
organizations. OSCAL will also promote
innovation around applying machine
learning, robotic process automation,
and new knowledge domains to the IT
system risk management space.
Community Engagement Areas: NIST
seeks to identify community members
involved in ongoing or planned
activities, including but not limited to
standardization, education, and
adoption, related to OSCAL. Individual
and organizational community members
with ongoing or planned activities in
these areas may respond to this notice
to describe these activities and inform
NIST’s planning and coordination
efforts across the OSCAL program.
Exemplary activities could include,
but are not limited to, the following:
• Assessing OSCAL maturity level
readiness for international
standardization. The category could
include development of open-source
OSCAL content for community’s
consumption based on the OSCAL latest
released set of models (7), development
of tests or OSCAL content exercising the
latest prototype OSCAL models.
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• Developing enhancements or new
OSCAL models as deemed necessary by
the community.
• Developing OSCAL educational
material (tutorials, videos) for all
OSCAL-adoption levels, from novice to
advanced.
• Organizing OSCAL events such as
conferences, webinars, workshops for
security experts, assessors, auditors and
developers implementing OSCAL-based
solutions.
• Establishing OSCAL incubators
(labs) that will develop proof of concept
implementations (pilots), tools and
adoption best practices guidance.
• Implementing OSCAL solutions for
internal purpose.
• Implementing OSCAL Governance
Risk and Compliance (GRC) tools.
Authority: 15 U.S.C. 272(b)(10).
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2024–16381 Filed 7–24–24; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE074]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the New
England Wind Project, Offshore
Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of 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 Avangrid Renewables,
LLC (Avangrid), the parent company of
the original applicant, Park City Wind,
LLC (Park City Wind), LLC, for the
taking of marine mammals incidental to
the construction of the New England
Wind Project (hereafter known as the
‘‘Project’’).
SUMMARY:
The LOA is effective from March
27, 2025, through March 26, 2030.
ADDRESSES: The LOA and supporting
documentation are available online at:
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed below.
DATES:
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Federal Register / Vol. 89, No. 143 / Thursday, July 25, 2024 / Notices
FOR FURTHER INFORMATION CONTACT:
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Karolyn Lock, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) 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, regulations are promulgated
(when applicable), and public notice
and an opportunity for public comment
are provided.
An authorization for incidental taking
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). If such findings are made,
NMFS must prescribe the permissible
methods of taking; ‘‘other means of
effecting the least practicable adverse
impact’’ on the affected species or
stocks and their habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and on the availability of
the species or stocks for taking for
certain subsistence uses (referred to as
‘‘mitigation’’); and requirements
pertaining to the monitoring and
reporting of such takings. The MMPA
defines ‘‘take’’ to mean harass, hunt,
capture, or kill, or attempt to harass,
hunt, capture, or kill any marine
mammal (16 U.S.C. 1362(13); 50 CFR
216.103). Level A harassment is defined
as any act of pursuit, torment, or
annoyance which has the potential to
injure a marine mammal or marine
mammal stock in the wild (16 U.S.C.
1362(18); 50 CFR 216.3). Level B
harassment is defined as any act of
pursuit, torment, or annoyance which
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 (16 U.S.C.
1362(18); 50 CFR 216.3). Section
101(a)(5)(A) of the MMPA and the
implementing regulations at 50 CFR part
216, subpart I authorize NMFS to
propose and, if appropriate, promulgate
regulations and issue associated LOA(s).
On June 21, 2024, NMFS promulgated
a final rule (89 FR 52222) responding to
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a request from the applicant for
authorization to take small numbers of
marine mammals (39 species
comprising 39 stocks). After reviewing
the request and making the required
findings, NMFS is authorizing the take,
by harassment only, of 38 species,
representing 38 stocks (19 species by
Level A harassment and all 38 species
by Level B harassment) incidental to
select construction activities occurring
in Federal and State waters off of
Massachusetts, specifically within and
around the Bureau of Ocean Energy
Management (BOEM) Commercial Lease
of Submerged Lands for Renewable
Energy Development on the Outer
Continental Shelf (OCS) Lease Area
OCS–A 0534, OCS–A 0561, the
southwest (SW) portion of Lease Area
OCS–A 0501 (collectively referred to as
the Lease Area), and along an export
cable routes to sea-to-shore transition
points (collectively, the Project Area)
over the course of 5 years (March 27,
2025 through March 26, 2030). The
specified activities are impact pile
driving, vibratory pile driving, and
drilling of wind turbine generator
(WTG) and electrical service platform
(ESP) foundations; high-resolution
geophysical (HRG) site characterization
surveys; detonation of unexploded
ordnances (UXOs) or munitions and
explosives of concern (MECs); fisheries
and benthic monitoring surveys;
placement of scour protection;
trenching, laying, and burial activities
associated with the installation of the
export cable from the ESP(s) to shore
based converter stations and inter-array
cables between WTG foundations;
vessel transit within the specified
geographical region to transport crew,
supplies, and materials; and WTG
operations.
Marine mammals exposed to elevated
noise levels during foundation pile
driving and/or UXO/MEC detonation,
may be taken by Level A harassment
(limited to blue whales, fin whales,
humpback whales, minke whales, sei
whales, sperm whales, dwarf sperm
whale, pygmy sperm whale, Atlantic
spotted dolphin, Atlantic white-sided
dolphin, common bottlenose dolphin,
common dolphin, long-finned pilot
whales, short-finned pilot whale, Risso’s
dolphin, harbor porpoise, gray seal,
harbor seal, and harp seal). Marine
mammals exposed to elevated noise
levels during impact pile driving,
vibratory pile driving, and drilling
during foundation installation, UXO/
MEC detonation, and site
characterization surveys may be taken
by Level B harassment (all 38 stocks).
For reasons described in the final rule,
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Sfmt 4703
60357
no mortality or serious injury of any
marine mammal is anticipated to occur
or authorized. Further, for reasons
described in the final rule, no take by
Level A harassment of several species,
including the North Atlantic right
whale, is expected to occur or
authorized.
Authorization
In accordance with the final rule (89
FR 52222, June 21, 2024; see 50 CFR
217.326), we have issued a LOA to
Avangrid authorizing the take, by
harassment, of marine mammals
incidental to specified activities within
the specified geographical region. As
previously stated, no mortality or
serious injury of any marine mammal
species is anticipated to occur or
authorized. The incidental takes
authorized herein are the same as those
analyzed in the final rule (89 FR 52222,
June 21, 2024). Takes of marine
mammals will be minimized through
the following planned mitigation and
monitoring measures, as applicable for
each specified activity: (1)
implementation of spatio-temporal work
restrictions; (2) use of multiple NMFSapproved Protected Species Observers
(PSOs) to visually observe for marine
mammals (with any detection within
specifically designated zones triggering
a delay or shutdown, as applicable); (3)
use of NMFS-approved passive acoustic
monitoring (PAM) operators to
acoustically detect marine mammals
during foundation installation activities,
with a focus on detecting baleen whales
(with any detection within designated
zones triggering a delay or shutdown, as
applicable); (4) implementation of
clearance and shutdown zones; (5) use
of soft-start prior to the start of
foundation impact pile driving; (6) use
of noise attenuation technology; (7) use
of situational awareness monitoring for
marine mammal presence; (8)
conducting sound field verification
during foundation installation and
UXO/MEC detonation; (9) use of rampup acoustic sources during HRG
surveys; and (10) implementation of
several vessel strike avoidance measures
(e.g., speed and separation distance
measures) to reduce the risk of a vessel
interaction with a marine mammal.
Additionally, Avangrid is required to
submit reports frequently to NMFS.
Through adaptive management, NMFS
may modify the LOA’s mitigation,
monitoring, or reporting measures,
based on new information, when
appropriate.
As described in the preamble of the
final rule, NMFS has determined that
the take authorized in the LOA is of
small numbers of marine mammals, will
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60358
Federal Register / Vol. 89, No. 143 / Thursday, July 25, 2024 / Notices
have a negligible impact on marine
mammal stocks, will not have an
unmitigable adverse impact on the
availability of the affected marine
mammal stock for subsistence uses, and
the mitigation measures provide a
means of affecting the least practicable
adverse impact on the affected stocks
and their habitat.
Dated: July 22, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–16411 Filed 7–24–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; NOAA Satellite Customer
Questionnaire
National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before September 23, 2024.
ADDRESSES: Interested persons are
invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer,
at Adrienne.thomas@noaa.gov. Please
reference OMB Control Number 0648–
0227 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Mark
Turner and Toby Hutchings at
Mark.W.Turner@noaa.gov, 301–817–
4446 and Toby.Hutchings@noaa.gov,
240–569–0871, Suitland Federal Center,
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SUMMARY:
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4231 Suitland Road, Bldg. NSOF,
Suitland, MD 20746.
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for the extension of a
current information collection.
The National Oceanic and
Atmospheric Administration (NOAA)
operates a minimum of four
meteorological satellite imagery
transmission systems, two from
geostationary operational environmental
(GOES) satellites and two from Joint
Polar Satellite System (JPSS) satellites.
In addition, a commercially broadcast
data stream and legacy/backup/standby
polar-orbiting satellites continue to be
operated as their health permits. The
data transmitted are available
worldwide, and any user can establish
a ground receiving station for reception
of the data without the prior consent,
notification, or other approval from
NOAA. With such an open access
policy, it is currently not possible to
have a comprehensive understanding of
the range and numbers of the data users
and application of the data received
and/or used. The purpose of collecting
the information contained in the
‘‘Questionnaire’’ is to satisfy the
following objectives: (1) To comply with
international agreements such as the
Department of Commerce (DOC)/
NOAA’s memorandum of understanding
(MOU) with the World Meteorological
Organization (WMO), so that NOAA can
provide environmental satellite data and
processed satellite data products to the
public domain, and (2) To improve
Government efficiencies of data
dissemination using cost-saving
technologies to minimize the
expenditure of personnel and financial
resources. The NOAA Policy on
Partnerships in the Provision of
Environmental Information is also
pertinent to this information collection.
This policy was developed to strengthen
the partnership among government,
academia, and the private sector, which
provides the nation with high quality
environmental information.
The collection of information from a
respondent is initiated when an
individual contacts National
Environmental Satellite, Data, and
Information Service (NESDIS) via letter,
telephone, fax or email, or when they
visit a web page. If the nature of the
contact indicates the individual may
operate a satellite receiving station for
the acquisition of NOAA satellite data
or may use NOAA satellite data or
services, the individual is requested to
complete an on-line electronic
questionnaire, which is found on a
NOAA internet site. The questionnaire
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Fmt 4703
Sfmt 4703
is completed at the respondent’s
discretion. The information received is
used by NOAA for short-term operations
and long-term planning. Collection of
this data assists in complying with the
terms of the MOU with the WMO, MOU
with DOC, and NOAA on areas of
common interest and other international
agreements.
II. Method of Collection
Information will be collected via an
online questionnaire.
III. Data
OMB Control Number: 0648–0227.
Form Number(s): None.
Type of Review: Regular submission
[extension of a current information
collection].
Affected Public: Federal government,
Not-for-profit institutions.
Estimated Number of Respondents:
30.
Estimated Time per Response: 6
minutes per response.
Estimated Total Annual Burden
Hours: 30 hours.
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Voluntary.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
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]]>Agencies
[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Notices]
[Pages 60356-60358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16411]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE074]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the New England Wind Project,
Offshore Massachusetts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of 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 Avangrid
Renewables, LLC (Avangrid), the parent company of the original
applicant, Park City Wind, LLC (Park City Wind), LLC, for the taking of
marine mammals incidental to the construction of the New England Wind
Project (hereafter known as the ``Project'').
DATES: The LOA is effective from March 27, 2025, through March 26,
2030.
ADDRESSES: The LOA and supporting documentation are available online
at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems
accessing these documents, please call the contact listed below.
[[Page 60357]]
FOR FURTHER INFORMATION CONTACT: Karolyn Lock, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) 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, regulations are
promulgated (when applicable), and public notice and an opportunity for
public comment are provided.
An authorization for incidental taking shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). If such findings are made, NMFS must prescribe the
permissible methods of taking; ``other means of effecting the least
practicable adverse impact'' on the affected species or stocks and
their habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and on the availability of
the species or stocks for taking for certain subsistence uses (referred
to as ``mitigation''); and requirements pertaining to the monitoring
and reporting of such takings. The MMPA defines ``take'' to mean
harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or
kill any marine mammal (16 U.S.C. 1362(13); 50 CFR 216.103). Level A
harassment is defined as any act of pursuit, torment, or annoyance
which has the potential to injure a marine mammal or marine mammal
stock in the wild (16 U.S.C. 1362(18); 50 CFR 216.3). Level B
harassment is defined as any act of pursuit, torment, or annoyance
which 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 (16 U.S.C. 1362(18); 50 CFR 216.3). Section
101(a)(5)(A) of the MMPA and the implementing regulations at 50 CFR
part 216, subpart I authorize NMFS to propose and, if appropriate,
promulgate regulations and issue associated LOA(s).
On June 21, 2024, NMFS promulgated a final rule (89 FR 52222)
responding to a request from the applicant for authorization to take
small numbers of marine mammals (39 species comprising 39 stocks).
After reviewing the request and making the required findings, NMFS is
authorizing the take, by harassment only, of 38 species, representing
38 stocks (19 species by Level A harassment and all 38 species by Level
B harassment) incidental to select construction activities occurring in
Federal and State waters off of Massachusetts, specifically within and
around the Bureau of Ocean Energy Management (BOEM) Commercial Lease of
Submerged Lands for Renewable Energy Development on the Outer
Continental Shelf (OCS) Lease Area OCS-A 0534, OCS-A 0561, the
southwest (SW) portion of Lease Area OCS-A 0501 (collectively referred
to as the Lease Area), and along an export cable routes to sea-to-shore
transition points (collectively, the Project Area) over the course of 5
years (March 27, 2025 through March 26, 2030). The specified activities
are impact pile driving, vibratory pile driving, and drilling of wind
turbine generator (WTG) and electrical service platform (ESP)
foundations; high-resolution geophysical (HRG) site characterization
surveys; detonation of unexploded ordnances (UXOs) or munitions and
explosives of concern (MECs); fisheries and benthic monitoring surveys;
placement of scour protection; trenching, laying, and burial activities
associated with the installation of the export cable from the ESP(s) to
shore based converter stations and inter-array cables between WTG
foundations; vessel transit within the specified geographical region to
transport crew, supplies, and materials; and WTG operations.
Marine mammals exposed to elevated noise levels during foundation
pile driving and/or UXO/MEC detonation, may be taken by Level A
harassment (limited to blue whales, fin whales, humpback whales, minke
whales, sei whales, sperm whales, dwarf sperm whale, pygmy sperm whale,
Atlantic spotted dolphin, Atlantic white-sided dolphin, common
bottlenose dolphin, common dolphin, long-finned pilot whales, short-
finned pilot whale, Risso's dolphin, harbor porpoise, gray seal, harbor
seal, and harp seal). Marine mammals exposed to elevated noise levels
during impact pile driving, vibratory pile driving, and drilling during
foundation installation, UXO/MEC detonation, and site characterization
surveys may be taken by Level B harassment (all 38 stocks). For reasons
described in the final rule, no mortality or serious injury of any
marine mammal is anticipated to occur or authorized. Further, for
reasons described in the final rule, no take by Level A harassment of
several species, including the North Atlantic right whale, is expected
to occur or authorized.
Authorization
In accordance with the final rule (89 FR 52222, June 21, 2024; see
50 CFR 217.326), we have issued a LOA to Avangrid authorizing the take,
by harassment, of marine mammals incidental to specified activities
within the specified geographical region. As previously stated, no
mortality or serious injury of any marine mammal species is anticipated
to occur or authorized. The incidental takes authorized herein are the
same as those analyzed in the final rule (89 FR 52222, June 21, 2024).
Takes of marine mammals will be minimized through the following planned
mitigation and monitoring measures, as applicable for each specified
activity: (1) implementation of spatio-temporal work restrictions; (2)
use of multiple NMFS-approved Protected Species Observers (PSOs) to
visually observe for marine mammals (with any detection within
specifically designated zones triggering a delay or shutdown, as
applicable); (3) use of NMFS-approved passive acoustic monitoring (PAM)
operators to acoustically detect marine mammals during foundation
installation activities, with a focus on detecting baleen whales (with
any detection within designated zones triggering a delay or shutdown,
as applicable); (4) implementation of clearance and shutdown zones; (5)
use of soft-start prior to the start of foundation impact pile driving;
(6) use of noise attenuation technology; (7) use of situational
awareness monitoring for marine mammal presence; (8) conducting sound
field verification during foundation installation and UXO/MEC
detonation; (9) use of ramp-up acoustic sources during HRG surveys; and
(10) implementation of several vessel strike avoidance measures (e.g.,
speed and separation distance measures) to reduce the risk of a vessel
interaction with a marine mammal. Additionally, Avangrid is required to
submit reports frequently to NMFS. Through adaptive management, NMFS
may modify the LOA's mitigation, monitoring, or reporting measures,
based on new information, when appropriate.
As described in the preamble of the final rule, NMFS has determined
that the take authorized in the LOA is of small numbers of marine
mammals, will
[[Page 60358]]
have a negligible impact on marine mammal stocks, will not have an
unmitigable adverse impact on the availability of the affected marine
mammal stock for subsistence uses, and the mitigation measures provide
a means of affecting the least practicable adverse impact on the
affected stocks and their habitat.
Dated: July 22, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-16411 Filed 7-24-24; 8:45 am]
BILLING CODE 3510-22-P
