Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Atlantic Shores South Project Offshore of New Jersey, 85944-85946 [2024-25090]
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85944
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–831]
Prestressed Concrete Steel Wire
Strand From Mexico: Final Affirmative
Determination of Circumvention of the
Antidumping Duty Order; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) published
notice in the Federal Register of
September 27, 2024, in which
Commerce published the final
determination in the circumvention
inquiry of the antidumping duty (AD)
order on prestressed concrete steel wire
strand (PC strand) from Mexico. This
notice omitted the section ordering the
liquidation of entries of merchandise
subject to the AD order on PC strand
from Mexico as a result of the
affirmative determination of
circumvention.
AGENCY:
DATES:
Applicable October 29, 2024.
FOR FURTHER INFORMATION CONTACT:
Jonathan Schueler, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–9175.
SUPPLEMENTARY INFORMATION:
Background
khammond on DSKJM1Z7X2PROD with NOTICES
On September 27, 2024, Commerce
published in the Federal Register the
final determination in the
circumvention inquiry for the AD order
on PC strand Mexico.1 In the Final
Determination, we inadvertently
omitted the ‘‘Liquidation of Entries’’
section announcing our intent to order
the liquidation of entries of
merchandise subject to the AD order on
PC strand from Mexico that entered
during the prior administrative review
period for the AD order on PC strand
from Mexico. Specifically, Commerce
did not receive a request to conduct an
administrative review for the AD order
on PC strand from Mexico for the period
from January 1, 2023, to December 31,
2023,2 thus entries of subject
1 See Prestressed Concrete Steel Wire Strand from
Mexico: Final Affirmative Determination of
Circumvention of the Antidumping Duty Order, 89
FR 79252 (September 27, 2024) (Final
Determination), and accompanying Issues and
Decision Memorandum.
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
VerDate Sep<11>2014
17:34 Oct 28, 2024
Jkt 265001
merchandise during this period were
automatically liquidated pursuant to 19
CFR 351.212(c). However, following the
Preliminary Determination, Commerce
instructed U.S. Customs and Border
Protection (CBP) to collect cash deposits
and suspend the liquidation of entries of
merchandise covered by the inquiry that
were entered, or withdrawn from
warehouse, for consumption on or after
July 31, 2023, until specific instructions
for liquidation were issued.3
Correction
In the Federal Register of September
27, 2024, in FR Doc 2024–22113, on
page 79253, in the third column, correct
the text by adding the following section
below the ‘‘Final Circumvention
Determination’’ section:
For all entries of merchandise subject
to the AD order on PC strand from
Mexico, entered or withdrawn from
warehouse for consumption on or before
December 31, 2023, Commerce intends
to instruct U.S. Customs and Border
Protection (CBP) to liquidate those
entries at the applicable AD rates for
those entries.4
Commerce intends to issue
liquidation instructions to CBP no
earlier than 41 days after the date of
publication of this notice in the Federal
Register. If a timely notice of intent to
contest this final determination is filed
at the U.S. Court of International Trade,
the assessment instructions will direct
CBP not to liquidate relevant entries
until the time for parties to file a request
for a statutory injunction has expired
(i.e., within 90 days of publication).
Notification to Interested Parties
This notice is issued and published in
accordance with section 781(a) of the
Act and 19 CFR 351.226(g)(2).
Inquiry Service List, 89 FR 63, 64 (January 2, 2024);
see also Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 89 FR
15827 (March 5, 2024).
3 See Antidumping Duty Order on Prestressed
Concrete Steel Wire Strand from Mexico:
Preliminary Affirmative Determination of
Circumvention, 89 FR 22668 (April 2, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
4 Commerce is not conducting an administrative
review of the AD order on PC strand from Mexico
for the period ending on December 31, 2023.
Therefore, Commerce will instruct CBP to liquidate
all entries through the end of the last administrative
review period.
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[FR Doc. 2024–25075 Filed 10–28–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE185]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Atlantic
Shores South Project Offshore of New
Jersey
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of letter of
authorization.
AGENCY:
Liquidation of Entries
PO 00000
Dated: October 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
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 Atlantic Shores Offshore
Wind Project 1, LLC (Project Company
1), for the taking of marine mammals
incidental to the construction of the
Atlantic Shores South Project (hereafter
known as the ‘‘Project’’).
DATES: The LOA is effective from
January 1, 2025 through December 31,
2029.
SUMMARY:
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 (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Kelsey Potlock, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
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29OCN1
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Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Notices
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
takings 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 an associated
LOA. NMFS promulgated regulations on
January 23, 2024 (89 FR 4370) for the
taking of marine mammals incidental to
the construction of the Atlantic Shores
South Project offshore of New Jersey.
The LOA authorizes Project Company 1,
and those persons it authorizes or funds
to conduct activities on its behalf, to
take marine mammals incidental to
specified activities during the
construction of the Project and requires
them to implement mitigation,
monitoring, and reporting requirements.
Summary of Request
In response to their petition to
promulgate incidental take regulations
and issue an associated Letter of
Authorization, on September 24, 2024,
VerDate Sep<11>2014
17:34 Oct 28, 2024
Jkt 265001
NMFS promulgated a final rule (89 FR
77972) establishing a framework for
authorizing the taking of marine
mammals by Project Company 1.
Specifically, the rule allows for take of
16 species of marine mammals
comprising 17 stocks by Level B
harassment (all 17 stocks) and by Level
A harassment (9 stocks) incidental to
construction activities occurring in
Federal and State waters off of New
Jersey, 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 Areas
OCS–A 0499 and OCS–A–0570
(collectively, ‘‘Lease Area’’) and along
two export cable routes to sea-to-shore
transition points (collectively referred to
as the ‘‘Project Area’’), over the course
of 5 years (January 1, 2025 through
December 31, 2029). The final rule
included the following specified
activities: the installation of up to 200
wind turbine generators (WTGs) on
jacket and/or monopile foundations
using impact pile driving; the
installation of up to 10 offshore
substations (OSSs) on multi-legged
jacket foundations using pin piles using
impact pile driving; the installation of
one meteorological tower (Met Tower)
on a monopile using impact pile
driving; nearshore cable landfall work
comprising of the installation and
subsequent removal of nearshore
temporary cofferdams at the sea-to-shore
transition points located in Sea Girt,
New Jersey (the Monmouth landfall site)
and in Atlantic City, New Jersey (the
Atlantic City landfall site) by vibratory
pile driving; high-resolution
geophysical (HRG) marine site
characterization surveys using active
acoustic sources; fishery and ecological
monitoring surveys; the deployment of
up to four temporary meteorological and
oceanographic (metocean) buoys; the
placement of scour protection; the
installation of the export cable routes
from OSSs to shore-based converter
stations and inter-array cables between
turbines by trenching, laying, and burial
activities; vessel transit within the
specified geographical region to
transport crew, supplies, and materials;
and WTG operation.
Marine mammals exposed to elevated
noise levels during foundation impact
pile driving may be taken by Level A
harassment, and marine mammals
exposed to elevated noise levels during
impact and vibratory pile driving and
HRG site characterization surveys may
be taken by Level B harassment. No
PO 00000
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Sfmt 4703
85945
mortality or serious injury of any marine
mammal is anticipated or authorized.
Authorization
In accordance with the MMPA, as
amended, NMFS has issued a LOA to
Project Company 1 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 or authorized. The
incidental takes authorized herein are
the same as those analyzed and
authorized in the final rule (89 FR
77972, September 24, 2024). The
number of takes, by species, authorized
may be found in table 1 in the LOA,
which is available at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act.
Takes of marine mammals will be
minimized through the following
required mitigation and monitoring
measures, as applicable for each
specified activity: (1) implementation of
seasonal/time of day work restrictions;
(2) use of multiple NMFS-approved
Protected Species Observers 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, 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
upon commencement of impact pile
driving and ramp-up of certain acoustic
sources during HRG surveys; (6) use of
noise attenuation technology during
foundation pile driving; (7) use of
situational awareness monitoring for
marine mammal presence; (8) use of
sound field verification monitoring; (9)
use of PAM within the vessel transit
corridor for Project vessels to travel over
10 knots (11.5 miles per hour); (10)
implementation of several vessel strike
avoidance measures to avoid vessel
strikes, including but not limited to,
vessel speed restrictions and separation
zones between marine mammals and
project vessels; and (11) requirements
for personal training, gear use, and
actions required to be undertaken for
trawl surveys during fishery monitoring
surveys. Additionally, NMFS may
modify the LOA’s mitigation,
monitoring, or reporting measures,
based on new information. Project
Company 1 is also required to submit
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85946
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Notices
frequent and situational reports, as
specified in the LOA.
Based on the findings discussed in the
preamble of the final rule, NMFS has
determined that the take authorized in
the LOA is of small numbers, will 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: October 24, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–25090 Filed 10–28–24; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
BILLING CODE 3510–22–P
VerDate Sep<11>2014
17:34 Oct 28, 2024
Jkt 265001
This
36(b)(1) arms sales notification is
published to fulfill the requirements of
section 155 of Public Law 104–164
dated July 21, 1996. The following is a
copy of a letter to the Speaker of the
House of Representatives with attached
Transmittal 23–66, Policy Justification,
and Sensitivity of Technology.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
Office of the Secretary
[Transmittal No. 23–66]
Arms Sales Notification
Defense Security Cooperation
Agency, Department of Defense (DoD).
ACTION: Arms sales notice.
AGENCY:
The DoD is publishing the
unclassified text of an arms sales
notification.
SUMMARY:
Dated: October 24, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
BILLING CODE 6001–FR–P
FOR FURTHER INFORMATION CONTACT:
Pamela Young at (703) 953–6092,
pamela.a.young14.civ@mail.mil, or
dsca.ncr.rsrcmgmt.list.cns-mbx@
mail.mil.
PO 00000
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]]>Agencies
[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Notices]
[Pages 85944-85946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25090]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE185]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Atlantic Shores South Project
Offshore of New Jersey
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 Atlantic Shores
Offshore Wind Project 1, LLC (Project Company 1), for the taking of
marine mammals incidental to the construction of the Atlantic Shores
South Project (hereafter known as the ``Project'').
DATES: The LOA is effective from January 1, 2025 through December 31,
2029.
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 (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Kelsey Potlock, 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
[[Page 85945]]
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 takings 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 an associated LOA. NMFS promulgated
regulations on January 23, 2024 (89 FR 4370) for the taking of marine
mammals incidental to the construction of the Atlantic Shores South
Project offshore of New Jersey. The LOA authorizes Project Company 1,
and those persons it authorizes or funds to conduct activities on its
behalf, to take marine mammals incidental to specified activities
during the construction of the Project and requires them to implement
mitigation, monitoring, and reporting requirements.
Summary of Request
In response to their petition to promulgate incidental take
regulations and issue an associated Letter of Authorization, on
September 24, 2024, NMFS promulgated a final rule (89 FR 77972)
establishing a framework for authorizing the taking of marine mammals
by Project Company 1. Specifically, the rule allows for take of 16
species of marine mammals comprising 17 stocks by Level B harassment
(all 17 stocks) and by Level A harassment (9 stocks) incidental to
construction activities occurring in Federal and State waters off of
New Jersey, 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 Areas
OCS-A 0499 and OCS-A-0570 (collectively, ``Lease Area'') and along two
export cable routes to sea-to-shore transition points (collectively
referred to as the ``Project Area''), over the course of 5 years
(January 1, 2025 through December 31, 2029). The final rule included
the following specified activities: the installation of up to 200 wind
turbine generators (WTGs) on jacket and/or monopile foundations using
impact pile driving; the installation of up to 10 offshore substations
(OSSs) on multi-legged jacket foundations using pin piles using impact
pile driving; the installation of one meteorological tower (Met Tower)
on a monopile using impact pile driving; nearshore cable landfall work
comprising of the installation and subsequent removal of nearshore
temporary cofferdams at the sea-to-shore transition points located in
Sea Girt, New Jersey (the Monmouth landfall site) and in Atlantic City,
New Jersey (the Atlantic City landfall site) by vibratory pile driving;
high-resolution geophysical (HRG) marine site characterization surveys
using active acoustic sources; fishery and ecological monitoring
surveys; the deployment of up to four temporary meteorological and
oceanographic (metocean) buoys; the placement of scour protection; the
installation of the export cable routes from OSSs to shore-based
converter stations and inter-array cables between turbines by
trenching, laying, and burial activities; vessel transit within the
specified geographical region to transport crew, supplies, and
materials; and WTG operation.
Marine mammals exposed to elevated noise levels during foundation
impact pile driving may be taken by Level A harassment, and marine
mammals exposed to elevated noise levels during impact and vibratory
pile driving and HRG site characterization surveys may be taken by
Level B harassment. No mortality or serious injury of any marine mammal
is anticipated or authorized.
Authorization
In accordance with the MMPA, as amended, NMFS has issued a LOA to
Project Company 1 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 or authorized. The
incidental takes authorized herein are the same as those analyzed and
authorized in the final rule (89 FR 77972, September 24, 2024). The
number of takes, by species, authorized may be found in table 1 in the
LOA, which is available at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.
Takes of marine mammals will be minimized through the following
required mitigation and monitoring measures, as applicable for each
specified activity: (1) implementation of seasonal/time of day work
restrictions; (2) use of multiple NMFS-approved Protected Species
Observers 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, 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 upon commencement
of impact pile driving and ramp-up of certain acoustic sources during
HRG surveys; (6) use of noise attenuation technology during foundation
pile driving; (7) use of situational awareness monitoring for marine
mammal presence; (8) use of sound field verification monitoring; (9)
use of PAM within the vessel transit corridor for Project vessels to
travel over 10 knots (11.5 miles per hour); (10) implementation of
several vessel strike avoidance measures to avoid vessel strikes,
including but not limited to, vessel speed restrictions and separation
zones between marine mammals and project vessels; and (11) requirements
for personal training, gear use, and actions required to be undertaken
for trawl surveys during fishery monitoring surveys. Additionally, NMFS
may modify the LOA's mitigation, monitoring, or reporting measures,
based on new information. Project Company 1 is also required to submit
[[Page 85946]]
frequent and situational reports, as specified in the LOA.
Based on the findings discussed in the preamble of the final rule,
NMFS has determined that the take authorized in the LOA is of small
numbers, will 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: October 24, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-25090 Filed 10-28-24; 8:45 am]
BILLING CODE 3510-22-P
