81 FR 14095 - Draft Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing-Acoustic Threshold Levels for Onset of Permanent and Temporary Threshold Shifts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 81, Issue 51 (March 16, 2016)

Page Range		14095-14096
FR Document		2016-05886

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and Atmospheric Administration (NOAA)), announces the availability of a document containing proposed changes to its Draft Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing. The Guidance provides updated received levels, or thresholds, at which individual marine mammals under NOAA's management authority are predicted to experience changes in their hearing sensitivity (either temporary or permanent) for all underwater anthropogenic sound sources. NOAA has re-evaluated and modified several parts of the Draft Guidance and is soliciting public comment on the proposed changes.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14095-14096]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05886]


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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Draft Guidance for Assessing the Effects of Anthropogenic Sound 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availability of a document containing proposed changes to its Draft 
Guidance for Assessing the Effects of Anthropogenic Sound on Marine 
Mammal Hearing. The Guidance provides updated received levels, or 
thresholds, at which individual marine mammals under NOAA's management 
authority are predicted to experience changes in their hearing 
sensitivity (either temporary or permanent) for all underwater 
anthropogenic sound sources. NOAA has re-evaluated and modified several 
parts of the Draft Guidance and is soliciting public comment on the 
proposed changes.

DATES: Comments must be received by March 30, 2016.

ADDRESSES: The proposed changes to the Draft Guidance are 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 either 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 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, which is 
technical in nature, identifies the received levels, or thresholds, at 
which individual marine mammals are

[[Page 14096]]

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 levels, describes in detail how the thresholds were 
developed, and explains how we intend to update them in the future.
    NOAA first 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 (79 FR 4672; January 29, 2014). 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 determined that it reflected the 
best available science. As a result, NOAA incorporated the Navy's 
methodology into our Draft Guidance and conducted another 45-day public 
comment period (80 FR 45642; July 31, 2015). Please refer to these 
Federal Register Notices for additional background about the 2013 and 
2015 Draft Guidance.
    While NOAA was working to address public comments from the second 
public comment period and finalize the Guidance, NOAA and the Navy 
(SPAWAR Systems Center Pacific) further evaluated certain aspects of 
the U.S. Navy's methodology. As a result, several recommendations/
modifications were suggested.
    The recommendations include: An updated methodology for predicting 
a composite audiogram for LF cetaceans; modification of the methodology 
used to establish auditory threshold levels for LF cetaceans; movement 
of the white-beaked dolphin (Lagenorhynchus albirostris) from mid-
frequency (MF) to high-frequency (HF) cetaceans; the inclusion of a 
newly published harbor porpoise (HF cetacean) audiogram (Kastelein et 
al. 2015); the exclusion of multiple data sets from the phocid pinniped 
weighting function; removal of peak sound pressure level (PK) acoustic 
threshold levels for non-impulsive sounds; and updated methodology for 
deriving PK acoustic threshold levels for functional hearing groups 
where no data are available.
    After consideration of these recommendations, NOAA has updated the 
Draft Guidance to reflect the suggested changes and is soliciting 
public comment on those revisions, which have been placed in a stand-
alone document, via a focused 14-day public comment period. As the 
Guidance is finalized, NOAA will address all substantive public 
comments on the Guidance (i.e., from the first and second public 
comment periods, as well as those from this focused third public 
comment period). Accordingly, there is no need to reiterate or resubmit 
comments made during the first and second public comment period on 
other sections of the Draft Guidance. NOAA encourages the public to 
focus comment on the document containing the proposed changes to the 
Guidance.
    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. As part of this process, NOAA has conducted three 
independent peer reviews in association with the Guidance. Details of 
all peer reviews can be found within the Guidance and at the following 
Web site: http://www.nmfs.noaa.gov/pr/acoustics/ acoustics/. Concurrent with this 
third public comment period, NOAA requested that the peer reviewers of 
the Navy's methodology review the document containing the proposed 
changes to the Draft Guidance and indicate whether the revisions would 
significantly alter any of the comments made during their original 
review.

    Dated: March 10, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-05886 Filed 3-15-16; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices 14095

percent, a zero cash deposit rate will be Dated: March 7, 2016. proposed changes to its Draft Guidance
required for that company); (2) for Paul Piquado, for Assessing the Effects of
previously investigated or reviewed PRC Assistant Secretary for Enforcement and Anthropogenic Sound on Marine
and non-PRC exporters not listed above Compliance. Mammal Hearing. The Guidance
that have separate rates, the cash provides updated received levels, or
Appendix I—Issues and Decision
deposit rate will continue to be the thresholds, at which individual marine
Memorandum
exporter-specific rate published for the mammals under NOAA’s management
most recent period; (3) for all PRC I. Summary authority are predicted to experience
II. Background changes in their hearing sensitivity
exporters of subject merchandise which III. Scope of the Order
have not been found to be entitled to a (either temporary or permanent) for all
IV. Discussion of the Issues underwater anthropogenic sound
separate rate, the cash deposit rate will Comment 1: Withdrawal of the Regulatory
be the PRC-Wide rate of 118.04 percent; Provisions Governing Targeted Dumping
sources. NOAA has re-evaluated and
in Less-than-Fair-Value Investigations modified several parts of the Draft
and (4) for all non-PRC exporters of
Comment 2: Differential Pricing Guidance and is soliciting public
subject merchandise which have not
Methodology comment on the proposed changes.
received their own rate, the cash deposit Comment 3: Calculation of Separate Rate DATES: Comments must be received by
rate will be the rate applicable to the Margin March 30, 2016.
PRC exporters that supplied that non- Comment 4: Application of Total Adverse
ADDRESSES: The proposed changes to
PRC exporter. The deposit requirements Facts Available (‘‘AFA’’) to Shandong
Oriental Cherry the Draft Guidance are available in
shall remain in effect until further
Comment 5: Granting a Separate Rate to the electronic form via the Internet at http://
notice.
Shandong Oriental Cherry Entity www.nmfs.noaa.gov/pr/acoustics/.
Disclosure Comment 6: Rejection of Stanley’s Case You may submit comments, which
Brief should be identified with NOAA–
We intend to disclose the calculations Comment 7: Surrogate Value for Stanley’s NMFS–2013–0177, by either of the
performed within five days of the date Steel Wire Rod Input following methods:
of publication of this notice to parties in Comment 8: Surrogate Value for Stanley’s Electronic Submissions: Submit all
this proceeding in accordance with 19 Plastic Granules electronic public comments via the
Comment 9: Treatment of Stanley’s Rubber
CFR 351.224(b). Federal eRulemaking Portal http://
Bands
Comment 10: Use of Customer Code or www.regulations.gov.
Notification to Importers Mail: Send comments to: Chief,
Common Customer Code in the Cohen’s
d Test To Identify the Purchaser in Marine Mammal and Sea Turtle
This notice also serves as a final
Stanley’s Margin Program Conservation Division, Office of
reminder to importers of their
Comment 11: Granting of Separate Rates to Protected Resources, National Marine
responsibility under 19 CFR 351.402(f) Qingdao D&L, et al. Fisheries Service, 1315 East-West
to file a certificate regarding the Comment 12: Tianjin Jinchi’s Status in Highway, Silver Spring, MD 20910–
reimbursement of antidumping duties This Review 3226, Attn: Acoustic Guidance.
prior to liquidation of the relevant Comment 13: Yuechang’s Status in This Instructions: All comments received
entries during this POR. Failure to Review are a part of the public record and will
comply with this requirement could V. Conclusion
generally be posted to http://
result in the Department’s presumption [FR Doc. 2016–05994 Filed 3–15–16; 8:45 am] www.regulations.gov without change.
that reimbursement of antidumping BILLING CODE 3510–DS–P All Personal Identifying Information
duties occurred and the subsequent (e.g., name, address, etc.) voluntarily
assessment of doubled antidumping submitted by the commenter may be
duties. DEPARTMENT OF COMMERCE publicly accessible. Do not submit
Confidential Business Information or
Administrative Protective Orders National Oceanic and Atmospheric
otherwise sensitive or protected
Administration
This notice also serves as a reminder information.
to parties subject to administrative
RIN 0648–XC969 NMFS will accept anonymous
comments (enter N/A in the required
protective order (‘‘APO’’) of their Draft Guidance for Assessing the fields if you wish to remain
responsibility concerning the return or Effects of Anthropogenic Sound on anonymous). You may submit
destruction of proprietary information Marine Mammal Hearing—Acoustic attachments to electronic comments in
disclosed under APO in accordance Threshold Levels for Onset of Microsoft Word, Excel, WordPerfect, or
with 19 CFR 351.305(a)(3), which Permanent and Temporary Threshold Adobe PDF file formats only.
continues to govern business Shifts FOR FURTHER INFORMATION CONTACT:
proprietary information in this segment Amy Scholik-Schlomer, Office of
of the proceeding. Timely written AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and Protected Resources, 301–427–8449,
notification of the return or destruction Amy.Scholik@noaa.gov.
Atmospheric Administration (NOAA),
of APO materials, or conversion to SUPPLEMENTARY INFORMATION: NOAA has
Commerce.
judicial protective order, is hereby developed Draft Guidance for assessing
requested. Failure to comply with the ACTION: Notice; request for comments.
mstockstill on DSK4VPTVN1PROD with NOTICES

the effects of anthropogenic sound on
regulations and terms of an APO is a SUMMARY: The National Marine the hearing of marine mammal species
violation which is subject to sanction. Fisheries Service (NMFS), on behalf of under NOAA’s jurisdiction (i.e., whales,
We are issuing and publishing these NMFS and the National Ocean Service dolphins, porpoises, seals and sea
final results of administrative review in (referred collectively here as the lions). Specifically, the Guidance,
accordance with sections 751(a)(1) and National Oceanic and Atmospheric which is technical in nature, identifies
777(i) of the Act. Administration (NOAA)), announces the the received levels, or thresholds, at
availability of a document containing which individual marine mammals are

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14096 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

predicted to experience changes in their functional hearing groups where no data ACTION: Notice; request for comments.
hearing sensitivity (either temporary or are available.
permanent) for all underwater After consideration of these SUMMARY: We have made a preliminary
anthropogenic sound sources. This recommendations, NOAA has updated determination that an Exempted Fishing
Guidance is intended to be used by the Draft Guidance to reflect the Permit application contains all of the
NOAA analysts and managers and other suggested changes and is soliciting required information and warrants
relevant user groups and stakeholders, public comment on those revisions, further consideration. This EFP would
including other federal agencies, when which have been placed in a stand- allow two commercial fishing vessels to
seeking to determine whether and how alone document, via a focused 14-day trawl for summer flounder using an
their activities are expected to result in public comment period. As the experimental Turtle Excluder Device to
particular types of impacts to marine Guidance is finalized, NOAA will test target species catch retention rates,
mammals via acoustic exposure. The address all substantive public comments and exempt the vessels from minimum
document outlines NOAA’s updated on the Guidance (i.e., from the first and size requirements and possession limits
acoustic threshold levels, describes in second public comment periods, as well found at 50 CFR part 648 in order to
detail how the thresholds were as those from this focused third public sample the catch for scientific purposes.
developed, and explains how we intend comment period). Accordingly, there is The Magnuson-Stevens Fishery
to update them in the future. no need to reiterate or resubmit Conservation and Management Act
NOAA first published a Federal comments made during the first and requires publication of this notice to
Register Notice on December 27, 2013, second public comment period on other provide the public an opportunity to
announcing the availability of the Draft sections of the Draft Guidance. NOAA comment on the proposed Exempted
Guidance and a 30-day public comment encourages the public to focus comment Fishing Permit.
period (78 FR 78822), which was on the document containing the DATES: Comments must be received on
extended another 45 days based upon proposed changes to the Guidance. or before March 31, 2016.
public request (79 FR 4672; January 29, The Guidance is classified as a Highly ADDRESSES: You may submit written
2014). While NOAA was in the process Influential Scientific Assessment by the comments by any of the following
of evaluating and addressing public Office of Management and Budget. As methods:
comments, the U.S. Navy updated its such, independent peer review is • Email: NMFS.GAR.EFP@noaa.gov.
methodology for the development of required prior to broad public Include in the subject line ‘‘Comments
marine mammal auditory weighting dissemination by the Federal on CFF Fluke Cable TED EFP.’’
functions and acoustic threshold levels. Government. As part of this process, • Mail: John K. Bullard, Regional
NOAA evaluated the proposed NOAA has conducted three Administrator, NMFS, Greater Atlantic
methodology and determined that it independent peer reviews in association Regional Office, 55 Great Republic
reflected the best available science. As with the Guidance. Details of all peer Drive, Gloucester, MA 01930. Mark the
a result, NOAA incorporated the Navy’s reviews can be found within the outside of the envelope ‘‘Comments on
methodology into our Draft Guidance Guidance and at the following Web site: CFF Fluke Cable TED EFP.’’
and conducted another 45-day public http://www.nmfs.noaa.gov/pr/ FOR FURTHER INFORMATION CONTACT:
comment period (80 FR 45642; July 31, acoustics/. Concurrent with this third Elizabeth Scheimer, Fisheries
2015). Please refer to these Federal public comment period, NOAA Management Specialist, 978–281–9236,
Register Notices for additional requested that the peer reviewers of the Elizabeth.scheimer@noaa.gov.
background about the 2013 and 2015 Navy’s methodology review the SUPPLEMENTARY INFORMATION: The
Draft Guidance. document containing the proposed Coonamessett Farm Foundation (CFF)
While NOAA was working to address changes to the Draft Guidance and submitted a complete application for an
public comments from the second indicate whether the revisions would Exempted Fishing Permit (EFP) on
public comment period and finalize the significantly alter any of the comments December 15, 2015, to conduct
Guidance, NOAA and the Navy made during their original review. commercial fishing activities that the
(SPAWAR Systems Center Pacific) Dated: March 10, 2016. regulations would otherwise restrict.
further evaluated certain aspects of the Donna S. Wieting, The EFP would authorize two vessels to
U.S. Navy’s methodology. As a result, Director, Office of Protected Resources, temporarily retain undersized and
several recommendations/modifications National Marine Fisheries Service. prohibited catch for biological sampling
were suggested. [FR Doc. 2016–05886 Filed 3–15–16; 8:45 am] during experimental Turtle Excluder
The recommendations include: An BILLING CODE 3510–22–P
Device (TED) testing in the summer
updated methodology for predicting a flounder fishery.
composite audiogram for LF cetaceans; Currently approved TEDs have been
modification of the methodology used to DEPARTMENT OF COMMERCE shown to reduce summer flounder
establish auditory threshold levels for targeted catch at a level that is of
LF cetaceans; movement of the white- National Oceanic and Atmospheric concern to the industry, and the
beaked dolphin (Lagenorhynchus Administration objective of this research is to find TED
albirostris) from mid-frequency (MF) to gear configurations that exclude sea
high-frequency (HF) cetaceans; the RIN 0648–XE407 turtles while maintaining target catch.
inclusion of a newly published harbor Magnuson-Stevens Act Provisions; The CFF would test an experimental
mstockstill on DSK4VPTVN1PROD with NOTICES

porpoise (HF cetacean) audiogram General Provisions for Domestic TED made of flexible cable instead of
(Kastelein et al. 2015); the exclusion of Fisheries; Application for Exempted aluminum or steel pipe in bottom trawl
multiple data sets from the phocid Fishing Permits gear directed on summer flounder. The
pinniped weighting function; removal of TED was already tested in 2015 for its
peak sound pressure level (PK) acoustic AGENCY: National Marine Fisheries ability to exclude sea turtles, but is not
threshold levels for non-impulsive Service (NMFS), National Oceanic and yet certified, and this research will
sounds; and updated methodology for Atmospheric Administration (NOAA), quantify catch retention. This TED
deriving PK acoustic threshold levels for Commerce. would be attached in a 3-inch mesh TED

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Document Created: 2016-03-15 23:44:14
Document Modified: 2016-03-15 23:44:14

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 March 30, 2016.
Contact		Amy Scholik-Schlomer, Office of Protected Resources, 301-427-8449, [email protected]
FR Citation		81 FR 14095
RIN Number		0648-XC96

81 FR 14095 - 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 COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration