81 FR 88664 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 236 (December 8, 2016)

Page Range		88664-88665
FR Document		2016-29388

NMFS has received a revised application for ITRs from the Bureau of Ocean Energy Management (BOEM), on behalf of oil and gas industry operators. The specified activity considered in the application is geophysical survey activity conducted in the Gulf of Mexico (GOM), over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of BOEM's request for the development of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on BOEM's application.

Federal Register, Volume 81 Issue 236 (Thursday, December 8, 2016)

[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Notices]
[Pages 88664-88665]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29388]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF065


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Geophysical Surveys in the Gulf of Mexico

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

ACTION: Notice; receipt of revised application for marine mammal 
incidental take regulations (ITRs); request for comments and 
information.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a revised application for ITRs from the 
Bureau of Ocean Energy Management (BOEM), on behalf of oil and gas 
industry operators. The specified activity considered in the 
application is geophysical survey activity conducted in the Gulf of 
Mexico (GOM), over the course of five years from the date of issuance. 
Pursuant to regulations implementing the Marine Mammal Protection Act 
(MMPA), NMFS is announcing receipt of BOEM's request for the 
development of regulations governing the incidental taking of marine 
mammals. NMFS invites the public to provide information, suggestions, 
and comments on BOEM's application.

DATES: Comments and information must be received no later than January 
9, 2017.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits and

[[Page 88665]]

Conservation Division, Office of Protected Resources, National Marine 
Fisheries Service. Physical comments should be sent to 1315 East-West 
Highway, Silver Spring, MD 20910 and electronic comments should be sent 
to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted online at www.nmfs.noaa.gov/pr/permits/incidental/oilgas.htm without change. All personal 
identifying information (e.g., name, address) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

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

SUPPLEMENTARY INFORMATION: 

Availability

    Electronic copies of the application and supporting documents may 
be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/oilgas.htm. BOEM has separately released a draft Programmatic 
Environmental Impact Statement (EIS) for public review (September 30, 
2016; 81 FR 67380). This draft EIS was prepared in order to evaluate 
the potential significant effects of multiple geological and 
geophysical activities on the GOM Outer Continental Shelf (OCS), 
pursuant to the National Environmental Policy Act. The document is 
available online at: www.boem.gov/GOM-G-G-PEIS/.

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce (Secretary) 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) if certain findings are made and regulations are 
issued.
    Incidental taking shall be allowed if NMFS finds that the taking 
will have a negligible impact on the species or stock(s) affected and 
will not have an unmitigable adverse impact on the availability of the 
species or stock(s) for taking for subsistence uses, and if the 
permissible methods of taking and requirements pertaining to the 
mitigation, monitoring and reporting of such taking are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.''
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: ``any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) 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 (Level B harassment).''
    The use of sound sources such as those described in the application 
(e.g., airgun arrays) may result in the disturbance of marine mammals 
through disruption of behavioral patterns or may cause auditory injury 
of marine mammals. Therefore, incidental take authorization under the 
MMPA is warranted.

Summary

    BOEM was formerly known as the Minerals Management Service (MMS) 
and, later, the Bureau of Ocean Energy Management, Regulation, and 
Enforcement (BOEMRE). On December 20, 2002, MMS petitioned NMFS for 
rulemaking under Section 101(a)(5)(A) of the MMPA to authorize take of 
sperm whales (Physeter macrocephalus) incidental to conducting 
geophysical surveys during oil and gas exploration activities in the 
GOM. On March 3, 2003, NMFS published a notice of receipt of MMS's 
application and requested comments and information from the public (68 
FR 9991). This comment period was later extended to April 16, 2003 (68 
FR 16263). MMS subsequently submitted a revised petition on September 
30, 2004, to include a request for incidental take authorization of 
additional species of marine mammals. On April 18, 2011, BOEMRE 
submitted a revision to the petition, which incorporated updated 
information and analyses. NMFS published a notice of receipt of this 
revised petition on June 14, 2011 (76 FR 34656). In order to 
incorporate the best available information, BOEM submitted another 
revision to the petition on March 28, 2016, which was followed on 
October 17, 2016, by a revised version that we have deemed adequate and 
complete based on our implementing regulations at 50 CFR 216.104.
    The requested regulations would establish a framework for 
authorization of incidental take by Level A and Level B harassment 
through Letters of Authorization (LOAs). Following development of the 
ITRs, implementation could occur via issuance of LOAs upon request from 
individual industry applicants planning specific geophysical survey 
activities.

Specified Activities

    The application describes geophysical survey activity, conducted by 
industry operators in OCS waters of the GOM within BOEM's GOM planning 
areas (i.e., the Western, Central, and Eastern Planning Areas). 
Geophysical surveys are conducted by industry operators to characterize 
the shallow and deep structure of the OCS, including the shelf, slope, 
and deepwater ocean environment, in order to obtain data for 
hydrocarbon exploration and production, aid in siting oil and gas 
structures and facilities, identify possible seafloor or shallow-depth 
geologic hazards, and locate potential archaeological resources and 
benthic habitats that should be avoided.
    Deep penetration seismic surveys, used largely for oil and gas 
exploration and development and involving a vessel or vessels towing an 
airgun or array of airguns that emit acoustic energy pulses through the 
overlying water and into the seafloor, are one of the most extensive 
survey types and are expected to carry the greatest potential for 
effects to marine mammals. Non-airgun high resolution geophysical 
surveys are used to detect and monitor geohazards, archaeological 
resources, and certain types of benthic communities.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning BOEM's request (see ADDRESSES). NMFS will consider 
all relevant information, suggestions, and comments related to the 
request during the development of proposed regulations governing the 
incidental taking of marine mammals, as appropriate.

    Dated: December 2, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-29388 Filed 12-7-16; 8:45 am]
 BILLING CODE 3510-22-P

88664 Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices

of the antidumping duty order on enhancer, a buffering agent, their responsibility concerning the
glycine from the People’s Republic of reabsorbable amino acid, chemical return or destruction of proprietary
China (PRC) would be likely to lead to intermediate, and a metal complexing information disclosed under APO in
continuation or recurrence of dumping agent. This order covers glycine of all accordance with 19 CFR 351.305.
at the rate identified in the ‘‘Final purity levels. Glycine is currently Timely notification of the return of
Results of Review’’ section of this classified under subheading destruction of APO materials or
notice. 2922.49.4020 of the Harmonized Tariff conversion to judicial protective order is
FOR FURTHER INFORMATION CONTACT: Schedule of the United States (HTSUS). hereby requested. Failure to comply
Dena Crossland, AD/CVD Operations, Although the HTSUS subheading is with the regulations and terms of an
Office VI, Enforcement and Compliance, provided for convenience and Customs APO is a violation which is subject to
U.S. Department of Commerce, 1401 purposes, the written description of the sanction.
Constitution Avenue NW., Washington, merchandise under the order is The Department is issuing and
DC 20230; telephone: (202) 482–3362. dispositive.3 publishing these final results and notice
DATES: Effective December 8, 2016. Analysis of Comments Received in accordance with sections 751(c),
752(c), and 777(i)(1) of the Act and 19
SUPPLEMENTARY INFORMATION: The issues discussed in the Decision CFR 351.218.
Background Memorandum 4 are the likelihood of
Dated: November 28, 2016.
continuation or recurrence of dumping,
On March 29, 1995, the Department and the magnitude of the margin of Paul Piquado,
published the antidumping duty order dumping likely to prevail if the Order Assistant Secretary for Enforcement and
on glycine from the PRC.1 On August 1, were revoked. Parties can find a Compliance.
2016, the Department initiated a sunset complete discussion of all issues raised [FR Doc. 2016–29400 Filed 12–7–16; 8:45 am]
review of the Order in accordance with in this review and the corresponding BILLING CODE 3510–DS–P
section 751(c) of the Tariff Act of 1930, recommendations in the Decision
as amended (the Act).2 On August 8, Memorandum which is on file
2016, the Department received complete electronically via Enforcement and DEPARTMENT OF COMMERCE
notices of intent to participate in the Compliance’s Antidumping and
sunset review from GEO Specialty Countervailing Duty Centralized National Oceanic and Atmospheric
Chemicals, Inc. (GEO or domestic Electronic Service System (ACCESS). Administration
interested party) and Chattem ACCESS is available to registered users RIN 0648–XF065
Chemicals, Inc. within the deadline at https://access.trade.gov and is
specified in 19 CFR 351.218(d)(1)(i). On available to all parties in the Central Taking and Importing Marine
August 25, 2016, Chattem Chemicals, Records Unit in room B8024 of the main Mammals; Taking Marine Mammals
Inc. withdrew its intent to appear as a Commerce building. In addition, a Incidental to Geophysical Surveys in
party to this review. GEO is a producer complete version of the Decision the Gulf of Mexico
of a domestic like product in the United Memorandum can be accessed directly
States and, accordingly, is a domestic AGENCY: National Marine Fisheries
on the Internet at http://trade.gov/
interested party pursuant to section Service (NMFS), National Oceanic and
enforcement/frn. The signed Decision
771(9)(C) of the Act. Atmospheric Administration (NOAA),
Memorandum and electronic versions of
On August 30, 2016, the Department Commerce.
the Decision Memorandum are identical
received an adequate substantive ACTION: Notice; receipt of revised
in content.
response to the notice of initiation from application for marine mammal
GEO within the 30-day deadline Final Results of Review incidental take regulations (ITRs);
specified in 19 CFR 351.218(d)(3)(i). Pursuant to sections 752(c)(1) and (3) request for comments and information.
The Department did not receive any of the Act, we determine that revocation
responses from the respondent SUMMARY: NMFS has received a revised
of the Order would be likely to lead to
interested parties, i.e., glycine producers application for ITRs from the Bureau of
continuation or recurrence of dumping
and exporters from the PRC. On the Ocean Energy Management (BOEM), on
up to the following weighted-average
basis of the notice of intent to behalf of oil and gas industry operators.
percentage margin:
participate and adequate substantive The specified activity considered in the
response filed by the domestic Margin
application is geophysical survey
Exporter/producer activity conducted in the Gulf of Mexico
interested party and no response from (percent)
any respondent interested party, the (GOM), over the course of five years
Department has conducted an expedited
PRC-Wide Entity (all pro- from the date of issuance. Pursuant to
ducers and exporters) ....... 155.89 regulations implementing the Marine
sunset review of the Order pursuant to
section 751(c)(3)(B) of the Act and 19 Mammal Protection Act (MMPA), NMFS
Administrative Protective Order is announcing receipt of BOEM’s
CFR 351.218(e)(1)(ii)(C).
This notice also serves as the only request for the development of
Scope of the Order reminder to parties subject to regulations governing the incidental
The product covered by the order is administrative protective order (APO) of taking of marine mammals. NMFS
glycine, which is a free-flowing invites the public to provide
crystalline material, like salt or sugar. 3 In a separate scope ruling, the Department information, suggestions, and comments
sradovich on DSK3GMQ082PROD with NOTICES

Glycine is produced at varying levels of determined that D(-) Phenylglycine Ethyl Dane Salt on BOEM’s application.
is outside the scope of the order. See Notice of
purity and is used as a sweetener/taste DATES: Comments and information must
Scope Rulings, 62 FR 62288 (November 21, 1997).
4 See Department Memorandum, ‘‘Issues and be received no later than January 9,
1 See Glycine from the People’s Republic of
Decision Memorandum for the Expedited Sunset 2017.
China: Antidumping Duty Order, 60 FR 16116 Review of the Antidumping Duty Order on Glycine
(March 29, 1995) (Order). ADDRESSES: Comments on the
from the People’s Republic of China; Final Results,’’
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 dated concurrently with this notice (Decision application should be addressed to Jolie
FR 50462 (August 1, 2016). Memorandum). Harrison, Chief, Permits and

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Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices 88665

Conservation Division, Office of taking for subsistence uses, and if the March 28, 2016, which was followed on
Protected Resources, National Marine permissible methods of taking and October 17, 2016, by a revised version
Fisheries Service. Physical comments requirements pertaining to the that we have deemed adequate and
should be sent to 1315 East-West mitigation, monitoring and reporting of complete based on our implementing
Highway, Silver Spring, MD 20910 and such taking are set forth. regulations at 50 CFR 216.104.
electronic comments should be sent to NMFS has defined ‘‘negligible The requested regulations would
ITP.Laws@noaa.gov. impact’’ in 50 CFR 216.103 as ‘‘an establish a framework for authorization
Instructions: NMFS is not responsible impact resulting from the specified of incidental take by Level A and Level
for comments sent by any other method, activity that cannot be reasonably B harassment through Letters of
to any other address or individual, or expected to, and is not reasonably likely Authorization (LOAs). Following
received after the end of the comment to, adversely affect the species or stock development of the ITRs,
period. Comments received through effects on annual rates of implementation could occur via
electronically, including all recruitment or survival.’’ issuance of LOAs upon request from
attachments, must not exceed a 25- Except with respect to certain
individual industry applicants planning
megabyte file size. Attachments to activities not pertinent here, the MMPA
specific geophysical survey activities.
electronic comments will be accepted in defines ‘‘harassment’’ as: ‘‘any act of
Microsoft Word or Excel or Adobe PDF pursuit, torment, or annoyance which (i) Specified Activities
file formats only. All comments has the potential to injure a marine
mammal or marine mammal stock in the The application describes geophysical
received are a part of the public record survey activity, conducted by industry
and will generally be posted online at wild (Level A harassment); or (ii) has
the potential to disturb a marine operators in OCS waters of the GOM
www.nmfs.noaa.gov/pr/permits/ within BOEM’s GOM planning areas
incidental/oilgas.htm without change. mammal or marine mammal stock in the
wild by causing disruption of behavioral (i.e., the Western, Central, and Eastern
All personal identifying information Planning Areas). Geophysical surveys
(e.g., name, address) voluntarily patterns, including, but not limited to,
migration, breathing, nursing, breeding, are conducted by industry operators to
submitted by the commenter may be characterize the shallow and deep
publicly accessible. Do not submit feeding, or sheltering (Level B
harassment).’’ structure of the OCS, including the
confidential business information or shelf, slope, and deepwater ocean
otherwise sensitive or protected The use of sound sources such as
those described in the application (e.g., environment, in order to obtain data for
information. hydrocarbon exploration and
airgun arrays) may result in the
FOR FURTHER INFORMATION CONTACT: Ben disturbance of marine mammals through production, aid in siting oil and gas
Laws, Office of Protected Resources, disruption of behavioral patterns or may structures and facilities, identify
NMFS, (301) 427–8401. cause auditory injury of marine possible seafloor or shallow-depth
SUPPLEMENTARY INFORMATION: mammals. Therefore, incidental take geologic hazards, and locate potential
authorization under the MMPA is archaeological resources and benthic
Availability warranted. habitats that should be avoided.
Electronic copies of the application Deep penetration seismic surveys,
and supporting documents may be Summary
used largely for oil and gas exploration
obtained online at: www.nmfs.noaa.gov/ BOEM was formerly known as the and development and involving a vessel
pr/permits/incidental/oilgas.htm. BOEM Minerals Management Service (MMS) or vessels towing an airgun or array of
has separately released a draft and, later, the Bureau of Ocean Energy airguns that emit acoustic energy pulses
Programmatic Environmental Impact Management, Regulation, and through the overlying water and into the
Statement (EIS) for public review Enforcement (BOEMRE). On December seafloor, are one of the most extensive
(September 30, 2016; 81 FR 67380). This 20, 2002, MMS petitioned NMFS for survey types and are expected to carry
draft EIS was prepared in order to rulemaking under Section 101(a)(5)(A) the greatest potential for effects to
evaluate the potential significant effects of the MMPA to authorize take of sperm marine mammals. Non-airgun high
of multiple geological and geophysical whales (Physeter macrocephalus) resolution geophysical surveys are used
activities on the GOM Outer Continental incidental to conducting geophysical to detect and monitor geohazards,
Shelf (OCS), pursuant to the National surveys during oil and gas exploration archaeological resources, and certain
Environmental Policy Act. The activities in the GOM. On March 3, types of benthic communities.
document is available online at: 2003, NMFS published a notice of
www.boem.gov/GOM-G-G-PEIS/. receipt of MMS’s application and Information Solicited
requested comments and information Interested persons may submit
Background from the public (68 FR 9991). This information, suggestions, and comments
Section 101(a)(5)(A) of the MMPA (16 comment period was later extended to concerning BOEM’s request (see
U.S.C. 1361 et seq.) directs the Secretary April 16, 2003 (68 FR 16263). MMS ADDRESSES). NMFS will consider all
of Commerce (Secretary) to allow, upon subsequently submitted a revised relevant information, suggestions, and
request, the incidental, but not petition on September 30, 2004, to comments related to the request during
intentional, taking of small numbers of include a request for incidental take the development of proposed
marine mammals by U.S. citizens who authorization of additional species of regulations governing the incidental
engage in a specified activity (other than marine mammals. On April 18, 2011, taking of marine mammals, as
BOEMRE submitted a revision to the
sradovich on DSK3GMQ082PROD with NOTICES

commercial fishing) if certain findings appropriate.
are made and regulations are issued. petition, which incorporated updated
Incidental taking shall be allowed if information and analyses. NMFS Dated: December 2, 2016.
NMFS finds that the taking will have a published a notice of receipt of this Donna S. Wieting,
negligible impact on the species or revised petition on June 14, 2011 (76 FR Director, Office of Protected Resources,
stock(s) affected and will not have an 34656). In order to incorporate the best National Marine Fisheries Service.
unmitigable adverse impact on the available information, BOEM submitted [FR Doc. 2016–29388 Filed 12–7–16; 8:45 am]
availability of the species or stock(s) for another revision to the petition on BILLING CODE 3510–22–P

VerDate Sep<11>2014 17:28 Dec 07, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 E:\FR\FM\08DEN1.SGM 08DEN1

Document Created: 2016-12-08 00:27:10
Document Modified: 2016-12-08 00:27:10

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; receipt of revised application for marine mammal incidental take regulations (ITRs); request for comments and information.
Dates		Comments and information must be received no later than January 9, 2017.
Contact		Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		81 FR 88664
RIN Number		0648-XF06

81 FR 88664 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 236 (December 8, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration