Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the New England Wind Project, Offshore Massachusetts; Correction, 79777-79778 [2024-22307]
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Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations
delegate) within 24 hours of the
notification under paragraph (b)(1)(i) of
this section.
(iii) As soon as practicable, upon
receipt of stakeholders’ notice of intent
to participate in an investigation, FRA
shall establish clear channels of
communication with the identified
stakeholders. These channels may
include, but are not limited to, email
correspondence, teleconferences, inperson meetings, and online forums.
(2) On-site investigation. (i)
Stakeholders may only gain access to
the accident site through the incident
command or on-site railroad personnel.
When investigations occur on railroad
property, FRA encourages railroads to
permit on-site access to stakeholders
participating in FRA’s investigation
process and expects that railroads will
grant such access. However, FRA
cannot, at its own discretion, provide
stakeholders’ access to an accident site.
If a railroad rule prohibits a stakeholder
from accessing the accident site during
FRA’s on-site investigation, a railroad
must promptly notify FRA in writing of
any such rule, and FRA will
subsequently communicate the
substance of the rule to all affected
stakeholders. In these instances, as
practicable, FRA may consult with any
affected stakeholder by other means
(e.g., through real-time participation in
on-site meetings via video or conference
call, off-site in-person meetings, virtual
meetings, or phone calls).
(ii) Stakeholders are not actual or
implied agents of FRA. FRA is not
responsible for the safety of
stakeholders.
(iii) FRA will initiate its on-site
investigation when FRA staff arrive at
an accident site, and the FRA
investigation team will depart the
accident site upon completion of FRA’s
on-site investigation activities. FRA will
not wait for participating stakeholders
to arrive at the accident site to begin its
investigation, but FRA will make a
reasonable effort to provide a
stakeholder that does not arrive at the
accident site during the investigation a
verbal summary of the status of the
investigation. As needed, FRA will
advise stakeholder representatives when
the FRA team expects to leave the
accident site.
(iv) Each stakeholder representative
participating in FRA’s on-site
investigation must contact the FRA
Inspector-in-Charge (IIC) upon arrival at
the accident site and provide photo
identification to the IIC. At the time of
a stakeholder’s initial contact with the
IIC, the IIC or other FRA representatives
will provide the stakeholder with the
name and contact information for the
VerDate Sep<11>2014
16:06 Sep 30, 2024
Jkt 265001
incident commander and other
pertinent information related to the
accident known to the IIC at the time.
As needed, FRA’s investigation team
should coordinate meeting(s) with
stakeholders and provide a verbal
summary of the status of the
investigation as stakeholders arrive to
the accident site.
(3) Off-site information gathering and
investigative activities. (i) When
conducting accident/incident
investigations under this paragraph, to
the extent practicable, FRA will
establish a means to receive and share
documents and information with
Stakeholders electronically. Any
documents or information stakeholders
submit to FRA’s investigation team must
be provided to FRA through such
established system. With the exception
of confidential information or
documents or information appropriately
submitted consistent with paragraph (4)
of this section, FRA may share
documents relevant to its investigation
with Stakeholders.
(ii) Stakeholders may request
meetings with representatives of other
non-FRA stakeholders and request that
FRA participate in such meetings. FRA
participation is not guaranteed, and any
information pertinent to the
investigation made available through
these meetings must be documented and
submitted through the established
electronic information sharing system.
(iii) Any stakeholder seeking to
provide confidential information to
FRA, or to maintain the confidentiality
of such stakeholder’s identity, must
coordinate with the IIC prior to
submittal of that information and
submit the information to FRA in
compliance with 49 CFR 209.11.
(4) Analysis activities. As appropriate,
the FRA investigation team will consult
with stakeholders to review the facts
gathered during the team’s investigation
of the accident/incident, FRA’s analysis
of those facts, and FRA’s inputs and
outputs of root cause analyses.
Stakeholders may offer input, raise
concerns, and participate in discussions
aimed at identifying root causes and
potential recommendations to mitigate
risk or prevent reoccurrence of the
accident/incident. Stakeholders will not
be included in FRA deliberations or
consideration of potential compliance or
enforcement issues related to an
accident/incident investigation.
(5) Confidentiality. (i) FRA recognizes
the sensitive nature of certain
information involved in accident or
incident investigations. In accordance
with applicable laws and regulations,
FRA will maintain as confidential any
personally identifiable information or
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79777
sensitive security information as
defined in 2 CFR 200.1 and 49 CFR
1520.5, respectively. Any other
documents or information a
participating stakeholder provides to
FRA as part of that stakeholder’s
participation in an accident/incident
investigation under this section, and for
which a stakeholder claims
confidentiality, must be submitted in
accordance with 49 CFR 209.11.
(ii) FRA shall maintain the
confidentiality of any stakeholder if:
(A) such stakeholder requests
confidentiality;
(B) such stakeholder was not involved
in the accident or incident; and
(C) maintaining such stakeholder’s
confidentiality does not adversely affect
an FRA investigation.
(iii) Until FRA publishes its report on
the investigation, a stakeholder
participating in an investigation may
not disseminate any information or
comment on an investigation to nonstakeholders through any means. Only
when necessary for public safety, and
only with the FRA Chief Safety Officer’s
written permission, may stakeholders
release information to non-stakeholders
if the information is factual, neutral and
objective in tone, and without purported
FRA characterization of the matter’s
contribution to the underlying accident/
incident.
(6) Whistleblower protections.
Nothing in this paragraph may be
construed to reduce in any way the
protections afforded to individuals who
exercise the conduct protected by 49
CFR 225.33, Internal Control Plans, and
49 United States Code (U.S.C.) § 20109,
Federal Railroad Safety Act,
Whistleblower Protections.
Issued in Washington, DC.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2024–22326 Filed 9–30–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 217
[Docket No. 240524–0146]
RIN 0648–BL96
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the New
England Wind Project, Offshore
Massachusetts; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\01OCR1.SGM
01OCR1
79778
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
This document contains
corrections to a final rule. The
document being corrected is the
regulations governing the Takes of
Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the New
England Wind Project, Offshore
Massachusetts, published on June 21,
2024.
SUMMARY:
DATES:
Correction
Subpart GG [Corrected]
1. In rule document 2024–12085 at 89
FR 52222 in the issue of June 21, 2024,
on page 52301, in the first column, in
the table of contents for Subpart GG,
correct the entry for 50 CFR 217.325 to
read as 50 CFR 217.325 Monitoring and
reporting requirements.
■
Effective on March 27, 2025.
FOR FURTHER INFORMATION CONTACT:
khammond on DSKJM1Z7X2PROD with RULES
Karolyn Lock, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
§ 217.324
16:06 Sep 30, 2024
Jkt 265001
[Corrected]
2. On page 52308, in the first column,
the second paragraph (c)(15)(xiv) is
corrected to read as follows: (xv) LOA
Holder must conduct SFV
measurements during turbine operations
to estimate turbine operational source
levels and transmission loss rates, in
accordance with a NMFS-approved SFV
Plan.
■
Background
NMFS published a final rule in the
Federal Register on June 21, 2024 (89
FR 52222) announcing the promulgation
of regulations governing the incidental
take of marine mammals incidental to
Avangrid Renewables, LLC’s (Avangrid),
construction of the New England Wind
Project in Federal and State waters
offshore Massachusetts, specifically
within the Bureau of Ocean Energy
Management (BOEM) Commercial Lease
of Submerged Lands for Renewable
Energy Development on the Outer
Continental Shelf (OCS) Lease Areas
(OCS–A 0534 and OCS–A 0561) and 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),
valid for 5 years from the date of
effectiveness.
The regulations, which allow for the
issuance of a Letter of Authorization to
Avangrid for the incidental take of
marine mammals during the specified
activities within the specified
geographical region during the effective
dates of the regulations, prescribe the
permissible methods of taking and other
means of effecting the least practicable
adverse impact on marine mammal
species or stocks and their habitat, as
well as requirements pertaining to the
monitoring and reporting of such taking.
NMFS refers the reader to the final rule
(89 FR 52222, June 21, 2024) for
background information concerning the
regulations.
The following corrections are being
made:
• The regulations contained an
inconsistency between the headings for
50 CFR 217.325 wherein the heading in
the table of contents did not agree with
the text of the section, necessitating
relabeling.
VerDate Sep<11>2014
• 50 CFR 217.324(c)(15)(xiv) was
promulgated twice (i.e., two different
measures were both designated as 50
CFR 217.324(c)(15)(xiv), necessitating
renumbering).
Dated: September 24, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–22307 Filed 9–30–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240924–0251]
RIN 0648–BL45
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States;
Amendment 23 to the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action implements the
approved trigger for the in-season
closure accountability measure
contained in Amendment 23 to the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan.
Amendment 23 was developed by the
Mid-Atlantic Fishery Management
Council in conjunction with the
Atlantic States Marine Fisheries
SUMMARY:
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
Commission to address the allocationrelated impacts of the significant
changes in the distribution of black sea
bass that have occurred since the
original allocations were implemented.
This rule implements a measure that
allows a buffer before triggering a
closure to the coastwide commercial
fishery to address negative economic
impacts of coastwide closures on states
that have not fully harvested their
commercial black sea bass state
allocations.
DATES: Effective January 1, 2025.
ADDRESSES: Copies of Amendment 23,
including the Environmental
Assessment, the Regulatory Impact
Review, and the Regulatory Flexibility
Analysis prepared in support of this
action are available from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
The supporting documents are also
accessible via the internet at: https://
www.mafmc.org/actions/bsbcommercial-allocation.
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Policy Analyst,
(978) 281–9116, emily.keiley@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery
Management Council (Council) and the
Atlantic States Marine Fisheries
Commission (Commission)
cooperatively manage the black sea bass
fishery. Amendment 23 considered
changes to the management of the
commercial black sea bass fishery.
Specifically, Amendment 23
considered:
1. Adjusting the commercial black sea bass
state allocations;
2. Adding the state allocations and payback
provisions to the Federal fishery management
plan (FMP) and regulations; and,
3. Changes to the Federal in-season closure
regulations for black sea bass.
The Council and the Commission’s
Black Sea Bass Board (Board) initially
approved their respective amendment
and addendum during a joint meeting
on February 1, 2021. However, in
response to a remand from the
Commission’s Policy Board, the two
management bodies revisited their
previous recommendations and voted to
revise the commercial state quota
allocations. A notice of availability
(NOA) for the amendment was
published in the Federal Register on
May 4, 2023 (88 FR 28456), with a
comment period ending on July 3, 2023.
NMFS published a proposed rule in the
Federal Register on May 15, 2023 (88
E:\FR\FM\01OCR1.SGM
01OCR1
]]>Agencies
[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Rules and Regulations]
[Pages 79777-79778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22307]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 217
[Docket No. 240524-0146]
RIN 0648-BL96
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the New England Wind Project,
Offshore Massachusetts; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 79778]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to a final rule. The
document being corrected is the regulations governing the Takes of
Marine Mammals Incidental to Specified Activities; Taking Marine
Mammals Incidental to the New England Wind Project, Offshore
Massachusetts, published on June 21, 2024.
DATES: Effective on March 27, 2025.
FOR FURTHER INFORMATION CONTACT: Karolyn Lock, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
NMFS published a final rule in the Federal Register on June 21,
2024 (89 FR 52222) announcing the promulgation of regulations governing
the incidental take of marine mammals incidental to Avangrid
Renewables, LLC's (Avangrid), construction of the New England Wind
Project in Federal and State waters offshore Massachusetts,
specifically within the Bureau of Ocean Energy Management (BOEM)
Commercial Lease of Submerged Lands for Renewable Energy Development on
the Outer Continental Shelf (OCS) Lease Areas (OCS-A 0534 and OCS-A
0561) and 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), valid for 5 years from the date of effectiveness.
The regulations, which allow for the issuance of a Letter of
Authorization to Avangrid for the incidental take of marine mammals
during the specified activities within the specified geographical
region during the effective dates of the regulations, prescribe the
permissible methods of taking and other means of effecting the least
practicable adverse impact on marine mammal species or stocks and their
habitat, as well as requirements pertaining to the monitoring and
reporting of such taking. NMFS refers the reader to the final rule (89
FR 52222, June 21, 2024) for background information concerning the
regulations.
The following corrections are being made:
The regulations contained an inconsistency between the
headings for 50 CFR 217.325 wherein the heading in the table of
contents did not agree with the text of the section, necessitating
relabeling.
50 CFR 217.324(c)(15)(xiv) was promulgated twice (i.e.,
two different measures were both designated as 50 CFR
217.324(c)(15)(xiv), necessitating renumbering).
Correction
Subpart GG [Corrected]
0
1. In rule document 2024-12085 at 89 FR 52222 in the issue of June 21,
2024, on page 52301, in the first column, in the table of contents for
Subpart GG, correct the entry for 50 CFR 217.325 to read as 50 CFR
217.325 Monitoring and reporting requirements.
Sec. 217.324 [Corrected]
0
2. On page 52308, in the first column, the second paragraph
(c)(15)(xiv) is corrected to read as follows: (xv) LOA Holder must
conduct SFV measurements during turbine operations to estimate turbine
operational source levels and transmission loss rates, in accordance
with a NMFS-approved SFV Plan.
Dated: September 24, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-22307 Filed 9-30-24; 8:45 am]
BILLING CODE 3510-22-P
