80 FR 45642 - Draft Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing-Acoustic Threshold Levels for Onset of Permanent and Temporary Threshold Shifts
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 147 (July 31, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 147 (July 31, 2015)
| Page Range | 45642-45643 | |
| FR Document | 2015-18790 |
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)] [Notices] [Pages 45642-45643] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18790] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XC969 Draft Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing--Acoustic Threshold Levels for Onset of Permanent and Temporary Threshold Shifts AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: The National Marine Fisheries Service (NMFS), on behalf of NMFS and the National Ocean Service (referred collectively here as the National Oceanic and Atmospheric Administration (NOAA)), announces the availability of a revised version of draft guidance for assessing the effects of anthropogenic sound on marine mammal species under NOAA's jurisdiction. The guidance provides updated received levels, or thresholds, above which individual marine mammals are predicted to experience changes in their hearing sensitivity (either temporary or permanent) for all underwater anthropogenic sound sources. NOAA solicits public comment on the revised draft guidance based on updated scientific information and comments received during the first public comment period. DATES: Comments must be received by September 14, 2015. ADDRESSES: The revised draft guidance is available in electronic form via the Internet at http://www.nmfs.noaa.gov/pr/acoustics/. You may submit comments, which should be identified with NOAA-NMFS- 2013-0177, by any of the following methods: Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov. Mail: Send comments to: Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910- 3226, Attn: Acoustic Guidance. Instructions: All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (e.g., name, address, etc.) voluntarily [[Page 45643]] submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Amy Scholik-Schlomer, Office of Protected Resources, 301-427-8449, [email protected]. SUPPLEMENTARY INFORMATION: NOAA has developed draft guidance for assessing the effects of anthropogenic sound on the hearing of marine mammal species under NOAA's jurisdiction (i.e., whales, dolphins, porpoises, seals and sea lions). Specifically, the guidance identifies the received levels, or thresholds, above which individual marine mammals are predicted to experience changes in their hearing sensitivity (either temporary or permanent) for all underwater anthropogenic sound sources. This guidance is intended to be used by NOAA analysts and managers and other relevant user groups and stakeholders, including other federal agencies, when seeking to determine whether and how their activities are expected to result in particular types of impacts to marine mammals via acoustic exposure. The document outlines NOAA's updated acoustic threshold level, describes in detail how the thresholds were developed, and explains how they will be updated in the future. NOAA published a Federal Register Notice on December 27, 2013, announcing the availability of the draft guidance and a 30-day public comment period (78 FR 78822), which was extended another 45 days based upon public request on January 29, 2014 (79 FR 4672). Please refer to these Federal Register Notices for additional background about the draft guidance. While NOAA was in the process of evaluating and addressing public comments, the U.S. Navy updated its methodology for the development of marine mammal auditory weighting functions and acoustic threshold levels. NOAA evaluated the proposed methodology and preliminarily determined that it reflects the best available science. Accordingly, we have incorporated it into our draft guidance. NOAA also re-evaluated its methods for defining threshold usage for sources characterized as ``impulsive'' or ``non-impulsive'' based on comments received during the initial public comment period. As a result, NOAA is now soliciting public comment, via this second public comment period, on this revised version of the draft guidance that incorporates these changes. Updated sections can be found in the following locations: (1) A summary of the updated draft acoustic threshold levels and marine mammal auditory weighting functions is in the main body of the document, with additional details provided in Appendix A (Navy Technical Report); (2) NOAA's proposed methodology for defining threshold usage for sources characterized as ``impulsive'' or ``non- impulsive'' is in Section 2.3.1 of the main document, with additional details in Appendix C; (3) a new appendix identifying research recommendations and data gaps in response to comments submitted during the initial public comment period is Appendix D; and a new appendix providing optional alternative methodology for user groups unable to apply the guidance's more complex acoustic threshold levels and auditory weighting functions is Appendix E. Before the guidance is finalized, NOAA will address substantive public comments received from the initial public comment period, as well as from this second public comment period. Therefore, NOAA encourages the public to currently focus comments on the revised and new sections of the document. We are particularly interested in identification of any additional datasets for inclusion in the assessment, comments on our proposed methodology for transitioning from ``impulsive'' to ``non-impulsive'' acoustic threshold levels, and evaluation of the methodology associated with updated marine mammal auditory weighting functions and acoustic thresholds. The guidance is classified as a Highly Influential Scientific Assessment by the Office of Management and Budget. As such, independent peer review is required prior to broad public dissemination by the Federal Government. NOAA recently conducted two independent peer reviews in association with the revised draft guidance (in addition to the peer review on the first draft of the guidance). Details of both peer reviews can be found within the draft guidance and at the following Web site: http://www.nmfs.noaa.gov/pr/acoustics/. Dated: July 27, 2015. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015-18790 Filed 7-30-15; 8:45 am] BILLING CODE 3510-22-P
![45642 Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices
the South Atlantic Council and the WFL the EPA will publish a notice of DEPARTMENT OF COMMERCE
stock managed by the Gulf of Mexico availability of the DEIS for public
Council. These boundary demarcations comment in the Federal Register. NMFS National Oceanic and Atmospheric
will aid in enforcing regulations and in will solicit public comment on the DEIS Administration
tracking the annual catch limits (ACLs) for 45 days pursuant to regulations RIN 0648–XC969
and annual catch targets (ACTs) for each issued by the Council on Environmental
stock. Quality (CEQ) for implementing the Draft Guidance for Assessing the
On February 17, 2015, NMFS notified procedural provisions of the National Effects of Anthropogenic Sound on
the South Atlantic and Gulf of Mexico Marine Mammal Hearing—Acoustic
Environmental Policy Act (NEPA; 40
Councils that the FLK/EFL stock is Threshold Levels for Onset of
CFR parts 1500–1508) and to NOAA’s
overfished and undergoing overfishing, Permanent and Temporary Threshold
based on the results of the 2014 Administrative Order 216–6 regarding
NOAA’s compliance with NEPA and the Shifts
benchmark stock assessment. Within
two years of such a notification, the CEQ regulations. AGENCY: National Marine Fisheries
Magnuson-Stevens Fishery The South Atlantic Council and Service (NMFS), National Oceanic and
Conservation and Management Act NMFS will consider public comments Atmospheric Administration (NOAA),
(Magnuson-Stevens Act) requires an received on the DEIS in developing the Commerce.
FMP amendment or proposed final EIS (FEIS), and before the South ACTION: Notice; request for comments.
regulations be prepared and Atlantic Council votes to submit
implemented to end overfishing Amendment 37 to NMFS for Secretarial SUMMARY: The National Marine
immediately and to rebuild the affected review, approval, and implementation Fisheries Service (NMFS), on behalf of
stock. Therefore, Amendment 37 and under the Magnuson-Stevens Act. NMFS and the National Ocean Service
the associated EIS also contain NMFS will announce in the Federal (referred collectively here as the
rebuilding plan alternatives to increase National Oceanic and Atmospheric
Register the availability of the final
the biomass of the FLK/EFL stock to a Administration (NOAA)), announces the
amendment and proposed
sustainable level within a specified time availability of a revised version of draft
period. implementing regulations for public
guidance for assessing the effects of
Finally, for both the FLK/EFL and review during the Magnuson-Stevens
anthropogenic sound on marine
GA-NC stocks, Amendment 37 and the Act Secretarial review period. The EPA
mammal species under NOAA’s
associated EIS also contain alternatives will announce the availability of the jurisdiction. The guidance provides
for management reference points FEIS for public review. NMFS will updated received levels, or thresholds,
(optimum yield and maximum consider all public comments received above which individual marine
sustainable yield), status determination during the Secretarial review period, mammals are predicted to experience
criteria (overfishing limit and minimum whether they are on the final changes in their hearing sensitivity
stock size threshold), ACLs (including amendment, the proposed regulations, (either temporary or permanent) for all
by sector), ACTs, accountability or the FEIS, prior to final agency action. underwater anthropogenic sound
measures, and new or modified sources. NOAA solicits public comment
commercial and recreational minimum Scoping Meeting
on the revised draft guidance based on
size limits, commercial trip limits, and The scoping meeting will be held via updated scientific information and
recreational bag limits. comments received during the first
In accordance with NOAA’s webinar on August 10, 2015. The
scoping meeting will begin at 6 p.m. and public comment period.
Administrative Order 216–6, Section
5.02(c), Scoping Process, NMFS, in will be accessible via the internet from DATES: Comments must be received by
collaboration with the South Atlantic the South Atlantic Council’s Web site at September 14, 2015.
Council, is conducting scoping to help www.safmc.net. Registration for the ADDRESSES: The revised draft guidance
identify significant environmental webinar is required. Registration is available in electronic form via the
issues related to these proposed actions information will be posted on the South Internet at http://www.nmfs.noaa.gov/
and alternatives. The public is invited to Atlantic Council’s Web site at pr/acoustics/.
attend the scoping meeting (date and www.safmc.net as it becomes available. You may submit comments, which
address below) and provide written Webinar registrants may test or confirm should be identified with NOAA–
comments on the actions and their computer setup for the webinar NMFS–2013–0177, by any of the
alternatives in the Amendment 37 one hour prior to the meeting and following methods:
scoping document. A copy of the contact Mike Collins at 843–763–1050 Electronic Submissions: Submit all
Amendment 37 scoping document is to address any questions regarding electronic public comments via the
available at http://sero.nmfs.noaa.gov/ webinar setup. Federal eRulemaking Portal http://
sustainable_fisheries/s_atl/sg/ www.regulations.gov.
index.html. The preliminary actions and Authority: 16 U.S.C. 1801 et seq. Mail: Send comments to: Chief,
alternatives included in the scoping Dated: July 27, 2015. Marine Mammal and Sea Turtle
document may not represent the full Emily H. Menashes, Conservation Division, Office of
range of actions and alternatives that Acting Director, Office of Sustainable
Protected Resources, National Marine
will be considered and evaluated in Fisheries Service, 1315 East-West
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Fisheries, National Marine Fisheries Service.
Amendment 37 and the associated EIS. Highway, Silver Spring, MD 20910–
[FR Doc. 2015–18736 Filed 7–30–15; 8:45 am]
The South Atlantic Council will review 3226, Attn: Acoustic Guidance.
BILLING CODE 3510–22–P
scoping comments at their September Instructions: All comments received
meeting. are a part of the public record and will
After the draft EIS (DEIS) associated generally be posted to http://
with Amendment 37 is completed, it www.regulations.gov without change.
will be filed with the Environmental All Personal Identifying Information
Protection Agency (EPA). After filing, (e.g., name, address, etc.) voluntarily
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![Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices 45643
submitted by the commenter may be during the initial public comment Dated: July 27, 2015.
publicly accessible. Do not submit period. As a result, NOAA is now Perry F. Gayaldo,
Confidential Business Information or soliciting public comment, via this Deputy Director, Office of Protected
otherwise sensitive or protected second public comment period, on this Resources, National Marine Fisheries Service.
information. revised version of the draft guidance [FR Doc. 2015–18790 Filed 7–30–15; 8:45 am]
NMFS will accept anonymous that incorporates these changes. BILLING CODE 3510–22–P
comments (enter N/A in the required
fields, if you wish to remain Updated sections can be found in the
anonymous). You may submit following locations: (1) A summary of
DEPARTMENT OF COMMERCE
attachments to electronic comments in the updated draft acoustic threshold
Microsoft Word, Excel, WordPerfect, or levels and marine mammal auditory National Oceanic and Atmospheric
Adobe PDF file formats only. weighting functions is in the main body Administration
FOR FURTHER INFORMATION CONTACT:
of the document, with additional details
provided in Appendix A (Navy Establishment of the Advisory
Amy Scholik-Schlomer, Office of
Technical Report); (2) NOAA’s proposed Committee for the Sustained National
Protected Resources, 301–427–8449,
methodology for defining threshold Climate Assessment and Solicitation
Amy.Scholik@noaa.gov.
usage for sources characterized as for Nominations for Membership
SUPPLEMENTARY INFORMATION: NOAA has
developed draft guidance for assessing ‘‘impulsive’’ or ‘‘non-impulsive’’ is in AGENCY: National Oceanic and
the effects of anthropogenic sound on Section 2.3.1 of the main document, Atmospheric Administration (NOAA),
the hearing of marine mammal species with additional details in Appendix C; Commerce.
under NOAA’s jurisdiction (i.e., whales, (3) a new appendix identifying research ACTION: Notice of establishment of the
dolphins, porpoises, seals and sea recommendations and data gaps in Advisory Committee for the Sustained
lions). Specifically, the guidance response to comments submitted during National Climate Assessment and
identifies the received levels, or the initial public comment period is solicitation for nominations for
thresholds, above which individual Appendix D; and a new appendix membership.
marine mammals are predicted to providing optional alternative
experience changes in their hearing methodology for user groups unable to SUMMARY: Notice is hereby given that
sensitivity (either temporary or apply the guidance’s more complex the Secretary of Commerce has
permanent) for all underwater acoustic threshold levels and auditory determined that the establishment of the
anthropogenic sound sources. This weighting functions is Appendix E. Advisory Committee for the Sustained
guidance is intended to be used by National Climate Assessment
Before the guidance is finalized,
NOAA analysts and managers and other (Committee) is necessary and in the
NOAA will address substantive public public interest. Accordingly, NOAA has
relevant user groups and stakeholders,
comments received from the initial chartered the Advisory Committee for
including other federal agencies, when
seeking to determine whether and how public comment period, as well as from the Sustained National Climate
their activities are expected to result in this second public comment period. Assessment. NOAA is also soliciting
particular types of impacts to marine Therefore, NOAA encourages the public nominations for membership on the
mammals via acoustic exposure. The to currently focus comments on the Committee.
document outlines NOAA’s updated revised and new sections of the The Committee’s mission is to
acoustic threshold level, describes in document. We are particularly provide advice on sustained National
detail how the thresholds were interested in identification of any Climate Assessment activities and
developed, and explains how they will additional datasets for inclusion in the products to the Under Secretary of
be updated in the future. NOAA assessment, comments on our proposed Commerce for Oceans and Atmosphere
published a Federal Register Notice on methodology for transitioning from (Under Secretary) who will forward the
December 27, 2013, announcing the ‘‘impulsive’’ to ‘‘non-impulsive’’ advice to the Director of the Office of
availability of the draft guidance and a acoustic threshold levels, and Science and Technology Policy (OSTP).
30-day public comment period (78 FR evaluation of the methodology The Committee’s scope is—as requested
78822), which was extended another 45 associated with updated marine by the Under Secretary—to advise on
days based upon public request on mammal auditory weighting functions the engagement of stakeholders and on
January 29, 2014 (79 FR 4672). Please and acoustic thresholds. sustained assessment activities and the
refer to these Federal Register Notices quadrennial National Climate
The guidance is classified as a Highly Assessment report.
for additional background about the
Influential Scientific Assessment by the Points of View: Individuals are sought
draft guidance.
While NOAA was in the process of Office of Management and Budget. As with expertise in communications,
evaluating and addressing public such, independent peer review is engagement, and education; risk
comments, the U.S. Navy updated its required prior to broad public management and risk assessment;
methodology for the development of dissemination by the Federal economics and social sciences;
marine mammal auditory weighting Government. NOAA recently conducted technology, tools, and data systems; and
functions and acoustic threshold levels. two independent peer reviews in other disciplines relevant to the
NOAA evaluated the proposed association with the revised draft sustained National Climate Assessment
asabaliauskas on DSK5VPTVN1PROD with NOTICES
methodology and preliminarily guidance (in addition to the peer review process. In addition, individuals are
determined that it reflects the best on the first draft of the guidance). sought with expertise in climate change
available science. Accordingly, we have Details of both peer reviews can be and variability, spanning the range from
incorporated it into our draft guidance. found within the draft guidance and at climate science (physical, biological,
NOAA also re-evaluated its methods for the following Web site: http:// chemical) to impacts and societal
defining threshold usage for sources www.nmfs.noaa.gov/pr/acoustics/. responses. Individuals with experience
characterized as ‘‘impulsive’’ or ‘‘non- in the private sector, academia, public
impulsive’’ based on comments received sector, non-governmental organizations,
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Document Created: 2015-12-15 12:59:45
Document Modified: 2015-12-15 12:59:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for comments. | |
| Dates | Comments must be received by September 14, 2015. | |
| Contact | Amy Scholik-Schlomer, Office of Protected Resources, 301-427-8449, [email protected] | |
| FR Citation | 80 FR 45642 | |
| RIN Number | 0648-XC96 |
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