80_FR_46715 80 FR 46565 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Breakwater Replacement Project in Eastport, Maine

80 FR 46565 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Breakwater Replacement Project in Eastport, Maine

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 150 (August 5, 2015)

Page Range46565-46566
FR Document2015-19113

Notice is hereby given that we have revised an incidental harassment authorization (IHA) issued to the Maine Department of Transportation (ME DOT) to incidentally harass, by Level B harassment only, small numbers of four species of marine mammals during construction activities associated with a breakwater replacement project in Eastport, Maine. The project has been delayed and the effective dates revised accordingly.

Federal Register, Volume 80 Issue 150 (Wednesday, August 5, 2015) 
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46565-46566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19113]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD330


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to a Breakwater Replacement Project in 
Eastport, Maine

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; revision of an incidental harassment authorization.

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SUMMARY: Notice is hereby given that we have revised an incidental 
harassment authorization (IHA) issued to the Maine Department of 
Transportation (ME DOT) to incidentally harass, by Level B harassment 
only, small numbers of four species of marine mammals during 
construction activities associated with a breakwater replacement 
project in Eastport, Maine. The project has been delayed and the 
effective dates revised accordingly.

DATES: This authorization is now effective from July 20, 2015, through 
July 19, 2016.

FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    On February 21, 2014, NMFS received an application from ME DOT 
requesting an IHA for the take, by Level B harassment, of small numbers 
of harbor seals (Phoca vitulina), gray seals (Halichoerus grypus), 
harbor porpoises (Phocoena phocoena), and Atlantic white-sided dolphins 
(Lagenorhynchus acutus) incidental to in-water construction activities 
in Eastport, Maine. On July 31, 2014, NMFS published a Federal Register 
notice (FR 79 44407) for the proposed IHA, and subsequently published 
final notice of our issuance of the IHA on October 1, 2014 (79 FR 
59247), effective from October 1, 2014, through September 30, 2015. In 
June 2015, ME DOT informed NMFS that no work had occurred relevant to 
the IHA specified activity due to difficulties in developing a passive 
acoustic monitoring plan for sound source verification of test pile 
driving. Accordingly, ME DOT requested that NMFS revise the effective 
date of the IHA to a one-year period beginning on July 20, 2015, to 
accommodate the delayed schedule, with no other changes.

Summary of the Activity

    The proposed Eastport breakwater replacement project will replace 
an open pier that is supported by 151 piles, consisting of steel pipe 
piles, reinforced concrete pile caps, and a pre-stressed plank deck 
with structural overlay. The proposed approach pier will be 40 ft by 
300 ft and the proposed main pier section that would be parallel to the 
shoreline will be 50 ft by 400 ft.
    The replacement pier will consist of two different sections. The 
approach pier will be replaced in kind by placing fill inside of a 
sheet pile enclosure, supported by driven piles. The approach section 
will consist of sheet piles that are driven just outside of the 
existing sheet piles. The sheet piles can

[[Page 46566]]

be installed by use of a vibratory hammer only. The main pier, fender 
system, and wave fence system will be pile supported with piles ranging 
from 16 inch-36 inch diameter pipe piles. These piles will be driven 
with a vibratory hammer to a point and must be seated with an impact 
hammer to ensure stability.
    The vibratory hammer will drive the pile by applying a rapidly 
alternating force to the pile by rotating eccentric weights resulting 
in a downward vibratory force on the pile. The vibratory hammer will be 
attached to the pile head with a clamp. The vertical vibration in the 
pile functions by disturbing or liquefying the soil next to the pile, 
causing the soil particles to lose their frictional grip on the pile. 
The pile moves downward under its own weight, plus the weight of the 
hammer. It takes approximately one to three minutes to drive one pile. 
An impact hammer will be used to ensure the piles are embedded deep 
enough into the substrate to remain stable for the life of the pier. 
The impact hammer works by dropping a mass on top of the pile 
repeatedly to drive it into the substrate. Diesel combustion is used to 
push the mass upwards and allow it to fall onto the pile again to drive 
it.

Findings

    Marine Mammal Protection Act (MMPA)--As required by the MMPA, for 
the original IHA, we determined that (1) the required mitigation 
measures are sufficient to reduce the effects of the specified 
activities to the level of least practicable impact; (2) the authorized 
takes will have a negligible impact on the affected marine mammal 
species; (3) the authorized takes represent small numbers relative to 
the affected stock abundances; and (4) the ME DOT's activities will not 
have an unmitigable adverse impact on taking for subsistence purposes 
as no relevant subsistence uses of marine mammals are implicated by 
this action. No substantive changes have occurred in the interim.
    National Environmental Policy Act (NEPA)--In compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as 
implemented by the regulations published by the Council on 
Environmental Quality (40 CFR parts 1500-1508), and NOAA Administrative 
Order 216-6, NMFS prepared an Environmental Assessment (EA) to consider 
the environmental impacts of issuance of a one-year IHA. A Finding of 
No Significant Impact was signed on September 24, 2014. No substantive 
changes have occurred in the interim.
    Endangered Species Act (ESA)--No species listed under the ESA are 
expected to be affected by these activities. Therefore, NMFS determined 
that a section 7 consultation under the ESA is not required. No 
substantive changes have occurred in the interim.

Summary of the Revision

    Construction activities have been delayed for the project due to 
difficulties in developing a passive acoustic monitoring plan. No in-
water work has occurred, including all aspects of the specified 
activity considered in our issuance of the IHA. The original IHA issued 
is a one-year IHA with no consideration of seasonality in timing any 
component of the specified activity. Therefore, shifting the effective 
dates of the IHA by approximately ten months to accommodate the ME 
DOT's delayed schedule for this project has no effect on our analysis 
of project impacts and does not affect our findings. No new information 
is available that would substantively affect our analyses under the 
MMPA, NEPA, or ESA. All mitigation, monitoring, and reporting measures 
described in our notice of issuance of the IHA remain in effect. The 
species for which take was authorized and the numbers of incidents of 
take authorized are unchanged.
    As a result of the foregoing, we have revised the IHA issued to the 
ME DOT to conduct the specified activities in Eastport, Maine. 
Originally valid for one year, from October 1, 2014, through September 
30, 2015, the IHA now becomes effective on July 20, 2015, and is valid 
for one year, until July 19, 2016.

    Dated: July 29, 2015.
Perry Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-19113 Filed 8-4-15; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices 46565 help inform our final decision on Navy’s must include the completed and signed authorization (IHA) issued to the Maine request for an MMPA authorization. application form, evidence of Department of Transportation (ME DOT) Dated: July 31, 2015. documented participation in the fishery, to incidentally harass, by Level B Angela Somma, and non-refundable payment for the harassment only, small numbers of four application-processing fee. species of marine mammals during Acting Deputy Director, Office of Protected If NMFS receives more completed construction activities associated with a Resources, National Marine Fisheries Service. applications than the available permits breakwater replacement project in [FR Doc. 2015–19184 Filed 8–4–15; 8:45 am] for a given permit class, NMFS will Eastport, Maine. The project has been BILLING CODE 3510–22–P prioritize applicants using only the delayed and the effective dates revised information in the applications and accordingly. documentation provided by the DATES: This authorization is now DEPARTMENT OF COMMERCE applicants. If an applicant requests effective from July 20, 2015, through National Oceanic and Atmospheric NMFS, in writing, that NMFS use NMFS July 19, 2016. Administration longline logbook data as evidence of FOR FURTHER INFORMATION CONTACT: documented participation, the applicant RIN 0648–XE029 Shane Guan, Office of Protected must specify the qualifying vessel, official number, and month and year of Resources, NMFS, (301) 427–8401. Pacific Islands Pelagic Fisheries; the logbook records. NMFS will not SUPPLEMENTARY INFORMATION: American Samoa Longline Limited conduct an unlimited search for records. Entry Program Background Applicants with the earliest documented participation in the fishery On February 21, 2014, NMFS received AGENCY: National Marine Fisheries an application from ME DOT requesting Service (NMFS), National Oceanic and on a Class A sized vessel will receive the highest priorities for obtaining an IHA for the take, by Level B Atmospheric Administration (NOAA), harassment, of small numbers of harbor Commerce. permits in any size class, followed by applicants with the earliest documented seals (Phoca vitulina), gray seals ACTION: Notice; availability of permits. (Halichoerus grypus), harbor porpoises participation in Classes B, C, and D, in SUMMARY: NMFS announces that 12 that order. In the event of a tie in the (Phocoena phocoena), and Atlantic American Samoa pelagic longline priority ranking between two or more white-sided dolphins (Lagenorhynchus limited entry permits in three vessel applicants, NMFS will rank higher in acutus) incidental to in-water size classes are available for 2015. priority the applicant whose second construction activities in Eastport, NMFS is accepting applications for documented participation is earlier. Maine. On July 31, 2014, NMFS these available permits. Detailed criteria for prioritization of published a Federal Register notice (FR eligible applicants are in the regulations 79 44407) for the proposed IHA, and DATES: NMFS must receive completed at 50 CFR 665.816(g). subsequently published final notice of permit applications and payment by NMFS must receive applications by our issuance of the IHA on October 1, December 3, 2015. December 3, 2015 to be considered for 2014 (79 FR 59247), effective from ADDRESSES: Request a blank application a permit (see ADDRESSES). NMFS will October 1, 2014, through September 30, form from the NMFS Pacific Islands 2015. In June 2015, ME DOT informed not accept applications received after Regional Office (PIR), 1845 Wasp Blvd., NMFS that no work had occurred that date. Bldg. 176, Honolulu, HI 96818, or the relevant to the IHA specified activity PIR Web site http://www.fpir.noaa.gov/ Authority: 16 U.S.C. 1801 et seq. due to difficulties in developing a Library/SFD/Samoa_LE_App_Fillable_ Dated: July 30, 2015. passive acoustic monitoring plan for 02Feb15.pdf. Mail your completed Emily H. Menashes, sound source verification of test pile application and payment to: ASLE Acting Director, Office of Sustainable driving. Accordingly, ME DOT Permits, NOAA NMFS PIR, 1845 Wasp Fisheries, National Marine Fisheries Service. requested that NMFS revise the effective Blvd., Bldg. 176, Honolulu, HI 96818. [FR Doc. 2015–19102 Filed 8–4–15; 8:45 am] date of the IHA to a one-year period FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–P beginning on July 20, 2015, to Walter Ikehara, Sustainable Fisheries, accommodate the delayed schedule, NMFS PIR, tel 808–725–5175, fax 808– with no other changes. 725–5215, or email PIRO-permits@ DEPARTMENT OF COMMERCE noaa.gov. Summary of the Activity National Oceanic and Atmospheric The proposed Eastport breakwater SUPPLEMENTARY INFORMATION: Federal Administration replacement project will replace an regulations at 50 CFR 665.816 allow NMFS to issue new permits for the RIN 0648–XD330 open pier that is supported by 151 piles, American Samoa pelagic longline consisting of steel pipe piles, reinforced limited entry program if the number of Takes of Marine Mammals Incidental to concrete pile caps, and a pre-stressed permits in a size class falls below the Specified Activities; Taking Marine plank deck with structural overlay. The maximum allowed. At least 12 permits Mammals Incidental to a Breakwater proposed approach pier will be 40 ft by are available for issuance, as follows: Replacement Project in Eastport, 300 ft and the proposed main pier • Nine in Class A (vessels less than or Maine section that would be parallel to the shoreline will be 50 ft by 400 ft. asabaliauskas on DSK5VPTVN1PROD with NOTICES equal to 40 ft in overall length); AGENCY: National Marine Fisheries • Two in Class B (over 40 ft to 50 ft); Service (NMFS), National Oceanic and The replacement pier will consist of and Atmospheric Administration (NOAA), two different sections. The approach • One in Class D (over 70 ft). Commerce. pier will be replaced in kind by placing Please note that the number of available ACTION: Notice; revision of an incidental fill inside of a sheet pile enclosure, permits may change before the harassment authorization. supported by driven piles. The application period closes. approach section will consist of sheet Each application must be complete for SUMMARY: Notice is hereby given that we piles that are driven just outside of the NMFS to consider it. An application have revised an incidental harassment existing sheet piles. The sheet piles can VerDate Sep<11>2014 16:54 Aug 04, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1

46566 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices be installed by use of a vibratory Endangered Species Act (ESA)—No information to help communities build hammer only. The main pier, fender species listed under the ESA are their broadband capacity and system, and wave fence system will be expected to be affected by these utilization. The summit will present pile supported with piles ranging from activities. Therefore, NMFS determined best practices and lessons learned from 16 inch–36 inch diameter pipe piles. that a section 7 consultation under the broadband network infrastructure build- These piles will be driven with a ESA is not required. No substantive outs and digital inclusion programs vibratory hammer to a point and must changes have occurred in the interim. from Maine and surrounding states, be seated with an impact hammer to including projects funded by NTIA’s Summary of the Revision ensure stability. Broadband Technology Opportunities The vibratory hammer will drive the Construction activities have been Program (BTOP) and State Broadband pile by applying a rapidly alternating delayed for the project due to Initiative (SBI) grant programs funded force to the pile by rotating eccentric difficulties in developing a passive by the American Recovery and weights resulting in a downward acoustic monitoring plan. No in-water Reinvestment Act of 2009.1 The summit vibratory force on the pile. The work has occurred, including all aspects will also explore effective business and vibratory hammer will be attached to of the specified activity considered in partnership models. the pile head with a clamp. The vertical our issuance of the IHA. The original DATES: The Digital New England vibration in the pile functions by IHA issued is a one-year IHA with no Broadband Summit will be held on disturbing or liquefying the soil next to consideration of seasonality in timing September 28, 2015, from 9:00 a.m. to the pile, causing the soil particles to any component of the specified activity. 5:00 p.m., Eastern Daylight Time. lose their frictional grip on the pile. The Therefore, shifting the effective dates of ADDRESSES: The meeting will be held in pile moves downward under its own the IHA by approximately ten months to the Holiday Inn by the Bay, Portland, weight, plus the weight of the hammer. accommodate the ME DOT’s delayed Maine at 88 Spring Street, Portland, It takes approximately one to three schedule for this project has no effect on Maine 04101. minutes to drive one pile. An impact our analysis of project impacts and does FOR FURTHER INFORMATION CONTACT: hammer will be used to ensure the piles not affect our findings. No new information is available that would Barbara Brown, National are embedded deep enough into the Telecommunications and Information substrate to remain stable for the life of substantively affect our analyses under the MMPA, NEPA, or ESA. All Administration, U.S. Department of the pier. The impact hammer works by Commerce, Room 4628, 1401 dropping a mass on top of the pile mitigation, monitoring, and reporting measures described in our notice of Constitution Avenue NW., Washington, repeatedly to drive it into the substrate. DC 20230; telephone: (202) 482–4374; Diesel combustion is used to push the issuance of the IHA remain in effect. The species for which take was email: bbrown@ntia.doc.gov. Please mass upwards and allow it to fall onto direct media inquiries to NTIA’s Office the pile again to drive it. authorized and the numbers of incidents of take authorized are unchanged. of Public Affairs, (202) 482–7002; email: Findings As a result of the foregoing, we have press@ntia.doc.gov. revised the IHA issued to the ME DOT SUPPLEMENTARY INFORMATION: NTIA’s Marine Mammal Protection Act BroadbandUSA initiative provides (MMPA)—As required by the MMPA, to conduct the specified activities in Eastport, Maine. Originally valid for one expert advice and field-proven tools for for the original IHA, we determined that assessing broadband adoption, planning (1) the required mitigation measures are year, from October 1, 2014, through September 30, 2015, the IHA now new infrastructure and engaging a wide sufficient to reduce the effects of the range of partners in broadband projects. specified activities to the level of least becomes effective on July 20, 2015, and is valid for one year, until July 19, 2016. BroadbandUSA convenes workshops on practicable impact; (2) the authorized a regular basis to bring stakeholders takes will have a negligible impact on Dated: July 29, 2015. together to discuss ways to improve the affected marine mammal species; (3) Perry Gayaldo, broadband policies, share best practices, the authorized takes represent small Deputy Director, Office of Protected and connect communities to other numbers relative to the affected stock Resources, National Marine Fisheries Service. federal agencies and funding sources for abundances; and (4) the ME DOT’s [FR Doc. 2015–19113 Filed 8–4–15; 8:45 am] the purpose of expanding broadband activities will not have an unmitigable BILLING CODE 3510–22–P infrastructure and adoption throughout adverse impact on taking for subsistence America’s communities. purposes as no relevant subsistence uses The Digital Broadband Summit will of marine mammals are implicated by DEPARTMENT OF COMMERCE feature subject matter experts from this action. No substantive changes have NTIA’s BroadbandUSA initiative and occurred in the interim. National Telecommunications and include NTIA presentations that discuss National Environmental Policy Act Information Administration lessons learned through the (NEPA)—In compliance with the implementation of the BTOP and SBI National Environmental Policy Act of Community Broadband Summit grants. A panel will explore key 1969 (42 U.S.C. 4321 et seq.), as AGENCY: National Telecommunications elements required for successful implemented by the regulations and Information Administration, U.S. broadband projects using a mix of published by the Council on Department of Commerce. regional examples. Topics will include Environmental Quality (40 CFR parts asabaliauskas on DSK5VPTVN1PROD with NOTICES ACTION: Notice of open meeting. marketing/demand aggregation, 1500–1508), and NOAA Administrative outreach, coordination with government Order 216–6, NMFS prepared an SUMMARY: The National agencies, partnership strategies, Environmental Assessment (EA) to Telecommunications and Information construction and oversight. A second consider the environmental impacts of Administration (NTIA), through the panel will explore why broadband issuance of a one-year IHA. A Finding BroadbandUSA program, in conjunction matters in comprehensive community of No Significant Impact was signed on with Next Century Cities will hold a September 24, 2014. No substantive one-day regional broadband summit, 1 American Recovery and Reinvestment Act of changes have occurred in the interim. ‘‘Digital New England,’’ to share 2009, Public Law 111–5, 123 Stat. 115 (2009). 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Document Created: 2018-02-23 10:53:16
Document Modified: 2018-02-23 10:53:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; revision of an incidental harassment authorization.
DatesThis authorization is now effective from July 20, 2015, through July 19, 2016.
ContactShane Guan, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation80 FR 46565 
RIN Number0648-XD33
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