82_FR_25053 82 FR 24950 - Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing-Acoustic Threshold Levels for Onset of Permanent and Temporary Threshold Shifts

82 FR 24950 - Technical 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 82, Issue 103 (May 31, 2017)

Page Range24950-24951
FR Document2017-11035

The National Marine Fisheries Service (NMFS) seeks public comment to assist the Secretary of Commerce's review of NMFS' August 2016 Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing: Underwater Acoustic Thresholds for Onset of Permanent and Temporary Threshold Shifts (Technical Guidance), pursuant to section 10 of Presidential Executive Order (EO) 13795, Implementing an America-First Offshore Energy Strategy (April 28, 2017).

Federal Register, Volume 82 Issue 103 (Wednesday, May 31, 2017) 
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Notices]
[Pages 24950-24951]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11035]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC969


Technical 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.

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SUMMARY: The National Marine Fisheries Service (NMFS) seeks public 
comment to assist the Secretary of Commerce's review of NMFS' August 
2016 Technical Guidance for Assessing the Effects of Anthropogenic 
Sound on Marine Mammal Hearing: Underwater Acoustic Thresholds for 
Onset of Permanent and Temporary Threshold Shifts (Technical Guidance), 
pursuant to section 10 of Presidential Executive Order (EO) 13795, 
Implementing an America-First Offshore Energy Strategy (April 28, 
2017).

DATES: Comments must be received by July 17, 2017.

ADDRESSES: The Technical Guidance is available in electronic form via 
the Internet at http://www.nmfs.noaa.gov/pr/acoustics/. You may submit 
comments by including NOAA-NMFS-2013-0177, by either of the following 
methods:
    Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0177, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments
    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: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record and NMFS will generally post for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender is publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Amy Scholik-Schlomer, Office of 
Protected Resources, 301-427-8449, [email protected].

SUPPLEMENTARY INFORMATION: Presidential Executive Order (EO) 13795, 
Implementing an America-First Offshore Energy Strategy (82 FR 20815; 
April 28, 2017), states in section 2 that ``It shall be the policy of 
the United States to encourage energy exploration and production, 
including on the Outer Continental Shelf, in order to maintain the 
Nation's position as a global energy leader and foster energy security 
and resilience for the benefit of the American people, while ensuring 
that any such activity is safe and environmentally responsible.''
    Among the requirements of EO 13795 is section 10, which calls for a 
review of NMFS' Technical Guidance for Assessing the Effects of 
Anthropogenic Sound on Marine Mammal Hearing as follows: ``The 
Secretary of Commerce shall review [NMFS' Technical Guidance] for 
consistency with the policy set forth in Section 2 of this order and, 
after consultation with the appropriate Federal agencies, take all 
steps permitted by law to rescind or revise that guidance, if 
appropriate.''
    The 2016 Technical Guidance referred to in EO 13795 is a technical 
document that compiles, interprets, and synthesizes scientific 
literature, to produce updated thresholds for assessing the effects of 
underwater sound on marine mammal hearing. The document provides 
updated received levels, or acoustic thresholds, above which individual 
marine mammals under NMFS' jurisdiction are predicted to experience 
changes in their hearing sensitivity (either temporary or permanent) 
for all underwater human-made sound sources. It is intended for use by 
NMFS 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 
hearing impacts to marine mammals via acoustic exposure. The Technical 
Guidance does not represent the entirety of an impact assessment but 
rather serves as one tool to help evaluate a proposed action. 
Mitigation and monitoring requirements in connection with any permits 
or authorizations issued by NMFS are management decisions made in the 
context of a proposed activity and a comprehensive effects analysis as 
well

[[Page 24951]]

as legal requirements, and are beyond the direct scope of the Technical 
Guidance (i.e., the Technical Guidance may inform these decisions, but 
the Technical Guidance does not mandate any specific mitigation be 
required).
    NMFS acknowledges the importance of supporting sustainable ocean 
use, such as energy exploration and production on the Outer Continental 
Shelf, provided activities are conducted in a safe and environmentally 
responsible manner. Our development and implementation of the Technical 
Guidance are consistent with allowing activities vital to our nation's 
security and economy to proceed, including those mentioned in EO 13795. 
As an example, during the development of the Technical Guidance, NMFS 
recognized that action proponents may have varying abilities to model 
and estimate exposure, and that the Technical Guidance may be more 
complex than some action proponents are able to incorporate. 
Accordingly, NMFS developed optional user tools in the form of an 
alternative methodology and associated user spreadsheet to assist 
action proponents with the application the more complex acoustic 
thresholds. Additionally, NMFS recognized that for some proposed 
actions, analyses may have already substantially progressed using the 
prior thresholds or other methods for assessing hearing effects, and it 
would be impractical to begin those analyses anew, taking into account 
timing constraints, expense, and other considerations. Hence, NMFS has 
been using a transitional approach for ``pipeline'' cases that 
considers various factors to determine the extent to which the 
Technical Guidance would be considered.
    The Office of Management and Budget previously classified the 
Technical Guidance as a Highly Influential Scientific Assessment 
(HISA). As such, the document underwent three independent peer reviews, 
at three different stages its development, including a follow-up to one 
of the peer reviews, prior to its dissemination by NMFS. Details of 
each peer review are included within the Technical Guidance (Appendix 
C), and specific peer reviewer comments and NMFS' responses are at 
http://www.nmfs.noaa.gov/pr/acoustics/. In addition to three 
independent peer reviews, there were three public comment periods. A 
previously published Federal Register Notice (81 FR 51694; August 4, 
2016) provides substantive public comments and NMFS' responses.
    NMFS is soliciting public comment and will also consult the 
appropriate Federal agencies to assist the Secretary of Commerce in 
reviewing the Technical Guidance for consistency with the policy in 
section 2 of EO 13795. The Technical Guidance will remain in use during 
this review, and this review will not delay the processing of any 
permits, applications, or consultations currently underway.
    NMFS advises the public to focus comments on those relating to the 
purpose of the review of the Technical Guidance under section 10 of EO 
13795, which is to ensure consistency with the policy in section 2 of 
the EO, cited above. For example, NMFS welcomes comments on two 
particular aspects of the Technical Guidance:
    (1) Peer-reviewed scientific literature: Information regarding the 
availability of published new science relevant to marine mammal hearing 
or impacts of noise on hearing since the publication of the Technical 
Guidance and suggestions for how to consider new information within the 
Technical Guidance, and
    (2) Implementation support: Recommendations regarding how NMFS can 
further aid in the application and implementation of the Technical 
Guidance (based on difficulties encountered and/or ways NMFS can 
facilitate and/or improve implementation for action proponents).

    Dated: May 24, 2017.
Donna S. Wieting
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-11035 Filed 5-30-17; 8:45 am]
 BILLING CODE 3510-22-P

24950 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices of ‘Foreseeable Future’ in Section 3(20) DEPARTMENT OF COMMERCE publicly accessible. NMFS will accept of the Endangered Species Act’’(Jan. 16, anonymous comments (enter ‘‘N/A’’ in 2009)). The time period that constitutes National Oceanic and Atmospheric the required fields if you wish to remain the foreseeable future is case-specific Administration anonymous). and should consider the life history of FOR FURTHER INFORMATION CONTACT: RIN 0648–XC969 the species, habitat characteristics, Amy Scholik-Schlomer, Office of availability of data, kinds of threats, Technical Guidance for Assessing the Protected Resources, 301–427–8449, ability to predict threats and their Effects of Anthropogenic Sound on Amy.Scholik@noaa.gov. impacts, and the reliability of models Marine Mammal Hearing—Acoustic SUPPLEMENTARY INFORMATION: used to forecast threats over that Threshold Levels for Onset of Presidential Executive Order (EO) ‘‘foreseeable future.’’ Permanent and Temporary Threshold 13795, Implementing an America-First Shifts Offshore Energy Strategy (82 FR 20815; Major Threat: A ‘major’ threat is defined as a threat whose scope, April 28, 2017), states in section 2 that AGENCY: National Marine Fisheries immediacy, and intensity results in a ‘‘It shall be the policy of the United Service (NMFS), National Oceanic and States to encourage energy exploration response by the species that prevents Atmospheric Administration (NOAA), and production, including on the Outer the improvement of its status to the Commerce. Continental Shelf, in order to maintain point that such species may not be ACTION: Notice; request for comments. the Nation’s position as a global energy reclassified or delisted based on the leader and foster energy security and factors set out in section 4(a)(1) of the SUMMARY: The National Marine Fisheries Service (NMFS) seeks public resilience for the benefit of the ESA. Conversely, non-major threats are American people, while ensuring that those threats whose scope, immediacy, comment to assist the Secretary of Commerce’s review of NMFS’ August any such activity is safe and and intensity results in a response by environmentally responsible.’’ the species but singularly or 2016 Technical Guidance for Assessing Among the requirements of EO 13795 cumulatively do not prevent the the Effects of Anthropogenic Sound on is section 10, which calls for a review improvement of its status to the point Marine Mammal Hearing: Underwater of NMFS’ Technical Guidance for Acoustic Thresholds for Onset of that such species may be reclassified or Assessing the Effects of Anthropogenic Permanent and Temporary Threshold delisted based on the factors set out in Sound on Marine Mammal Hearing as Shifts (Technical Guidance), pursuant to section 4(a)(1) of the ESA. follows: ‘‘The Secretary of Commerce section 10 of Presidential Executive Technically Feasible: Technically shall review [NMFS’ Technical Order (EO) 13795, Implementing an feasible refers to the scientific, Guidance] for consistency with the America-First Offshore Energy Strategy policy set forth in Section 2 of this order engineering, and operational aspects of (April 28, 2017). and, after consultation with the management or protective actions that DATES: Comments must be received by appropriate Federal agencies, take all are capable of being implemented. July 17, 2017. steps permitted by law to rescind or Threatened species: Any species ADDRESSES: The Technical Guidance is revise that guidance, if appropriate.’’ which is likely to become an available in electronic form via the The 2016 Technical Guidance referred endangered species within the Internet at http://www.nmfs.noaa.gov/ to in EO 13795 is a technical document foreseeable future throughout all or a pr/acoustics/. You may submit that compiles, interprets, and significant portion of its range. A comments by including NOAA–NMFS– synthesizes scientific literature, to ‘‘threatened species’’ is not presently in 2013–0177, by either of the following produce updated thresholds for danger of extinction, but is likely to methods: assessing the effects of underwater become so in the foreseeable future. The Federal e-Rulemaking Portal: Go to sound on marine mammal hearing. The primary statutory difference between a www.regulations.gov/#!docketDetail;D= document provides updated received threatened species and an endangered NOAA-NMFS-2013-0177, click the levels, or acoustic thresholds, above species is the timing of when a species ‘‘Comment Now!’’ icon, complete the which individual marine mammals is in danger of extinction, either required fields, and enter or attach your under NMFS’ jurisdiction are predicted presently (endangered) or in the comments to experience changes in their hearing Mail: Send comments to: Chief, sensitivity (either temporary or foreseeable future (threatened). Marine Mammal and Sea Turtle permanent) for all underwater human- Authority: 16 U.S.C. 1531 et seq. Conservation Division, Office of made sound sources. It is intended for Dated: May 24, 2017. Protected Resources, National Marine use by NMFS analysts and managers Alan D. Risenhoover, Fisheries Service, 1315 East-West and other relevant user groups and Highway, Silver Spring, MD 20910– stakeholders, including other Federal Acting Deputy Assistant Administrator for 3226, Attn: Acoustic Guidance. agencies, when seeking to determine Regulatory Programs, National Marine Instructions: NMFS may not consider whether and how their activities are Fisheries Service. comments if they are sent by any other expected to result in hearing impacts to [FR Doc. 2017–11157 Filed 5–30–17; 8:45 am] method, to any other address or marine mammals via acoustic exposure. BILLING CODE 3510–22–P individual, or received after the The Technical Guidance does not comment period ends. All comments represent the entirety of an impact received are a part of the public record assessment but rather serves as one tool nlaroche on DSK30NT082PROD with NOTICES and NMFS will generally post for public to help evaluate a proposed action. viewing on www.regulations.gov Mitigation and monitoring requirements without change. All personal identifying in connection with any permits or information (e.g., name, address, etc.), authorizations issued by NMFS are confidential business information, or management decisions made in the otherwise sensitive information context of a proposed activity and a submitted voluntarily by the sender is comprehensive effects analysis as well VerDate Sep<11>2014 14:54 May 30, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\31MYN1.SGM 31MYN1

Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices 24951 as legal requirements, and are beyond of Commerce in reviewing the Technical are local island times. For specific times the direct scope of the Technical Guidance for consistency with the and agendas, see SUPPLEMENTARY Guidance (i.e., the Technical Guidance policy in section 2 of EO 13795. The INFORMATION. may inform these decisions, but the Technical Guidance will remain in use ADDRESSES: The Hawaii Archipelago Technical Guidance does not mandate during this review, and this review will FEP AP will meet at the Council Office, any specific mitigation be required). not delay the processing of any permits, NMFS acknowledges the importance 1164 Bishop St., Suite 1400, Honolulu, applications, or consultations currently HI 96813 and by teleconference. The of supporting sustainable ocean use, underway. such as energy exploration and teleconference will be conducted by NMFS advises the public to focus telephone. The teleconference numbers production on the Outer Continental comments on those relating to the Shelf, provided activities are conducted are: U.S. toll-free: 1–888–482–3560 or purpose of the review of the Technical International Access: +1 647 723–3959, in a safe and environmentally Guidance under section 10 of EO 13795, responsible manner. Our development and Access Code: 5228220. which is to ensure consistency with the and implementation of the Technical policy in section 2 of the EO, cited FOR FURTHER INFORMATION CONTACT: Guidance are consistent with allowing above. For example, NMFS welcomes Kitty M. Simonds, Executive Director, activities vital to our nation’s security comments on two particular aspects of Western Pacific Fishery Management and economy to proceed, including the Technical Guidance: Council; telephone: (808) 522–8220. those mentioned in EO 13795. As an (1) Peer-reviewed scientific literature: SUPPLEMENTARY INFORMATION: Public example, during the development of the Information regarding the availability of comment periods will be provided in Technical Guidance, NMFS recognized published new science relevant to the agenda. The order in which agenda that action proponents may have marine mammal hearing or impacts of items are addressed may change. The varying abilities to model and estimate noise on hearing since the publication meetings will run as late as necessary to exposure, and that the Technical of the Technical Guidance and complete scheduled business. Guidance may be more complex than suggestions for how to consider new some action proponents are able to Schedule and Agenda for the Hawaii information within the Technical Archipelago FEP AP Meeting incorporate. Accordingly, NMFS Guidance, and developed optional user tools in the (2) Implementation support: Thursday, June 15, 2017, 9 a.m.–11 a.m. form of an alternative methodology and Recommendations regarding how NMFS associated user spreadsheet to assist 1. Welcome and Introductions can further aid in the application and 2. Report on Previous Council Action action proponents with the application implementation of the Technical the more complex acoustic thresholds. Items Guidance (based on difficulties 3. Council Issues Additionally, NMFS recognized that for encountered and/or ways NMFS can some proposed actions, analyses may A. Sustainable Fisheries Fund Marine facilitate and/or improve have already substantially progressed Conservation Plan implementation for action proponents). using the prior thresholds or other B. Options for Fishing Regulations in methods for assessing hearing effects, Dated: May 24, 2017. the Northwestern Hawaiian Islands and it would be impractical to begin Donna S. Wieting Monument Expansion Area those analyses anew, taking into Director, Office of Protected Resources, C. Research Priorities account timing constraints, expense, National Marine Fisheries Service. i. Cooperative Research and other considerations. Hence, NMFS [FR Doc. 2017–11035 Filed 5–30–17; 8:45 am] ii. Five-year Research Priorities has been using a transitional approach BILLING CODE 3510–22–P D. Re-specification of ACL for the MHI for ‘‘pipeline’’ cases that considers Kona Crab Fishery various factors to determine the extent 4. Hawaii FEP Community Activities to which the Technical Guidance would DEPARTMENT OF COMMERCE 5. Hawaii FEP AP Issues be considered. A. Report of the Subpanels The Office of Management and Budget National Oceanic and Atmospheric i. Island Fisheries Subpanel previously classified the Technical Administration ii. Pelagic Fisheries Subpanel Guidance as a Highly Influential RIN 0648–XF466 iii. Ecosystems and Habitat Subpanel Scientific Assessment (HISA). As such, iv. Indigenous Fishing Rights the document underwent three Western Pacific Fishery Management Subpanel independent peer reviews, at three Council; Public Meeting B. Other Issues different stages its development, including a follow-up to one of the peer AGENCY: National Marine Fisheries 6. Public Comment reviews, prior to its dissemination by Service, National Oceanic and 7. Discussion and Recommendations NMFS. Details of each peer review are Atmospheric Administration, 8. Other Business included within the Technical Guidance Commerce. Although other non-emergency issues (Appendix C), and specific peer ACTION: Notice of a public meeting. not on the agenda may come before this reviewer comments and NMFS’ group for discussion, those issues may responses are at http://www.nmfs.noaa. SUMMARY: The Western Pacific Fishery not be the subject of formal action gov/pr/acoustics/. In addition to three Management Council (Council) will during this meeting. Actions will be independent peer reviews, there were hold a meeting of its Hawaii restricted to those issues specifically three public comment periods. A Archipelago Fishery Ecosystem Plan listed in this notice and any issues nlaroche on DSK30NT082PROD with NOTICES previously published Federal Register (FEP) Advisory Panel (AP) to discuss arising after publication of this notice Notice (81 FR 51694; August 4, 2016) and make recommendations on fishery that require emergency action under provides substantive public comments management issues in the Western Section 305(c) of the Magnuson-Stevens and NMFS’ responses. Pacific Region. Fishery Conservation and Management NMFS is soliciting public comment DATES: The Hawaii Archipelago FEP AP Act, provided the public has been and will also consult the appropriate will meet on Thursday, June 15, 2017, notified of the Council’s intent to take Federal agencies to assist the Secretary from 9 a.m. to 11 a.m. All times listed final action to address the emergency. VerDate Sep<11>2014 14:54 May 30, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\31MYN1.SGM 31MYN1


Document Created: 2017-05-31 05:59:31
Document Modified: 2017-05-31 05:59:31
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; request for comments.
DatesComments must be received by July 17, 2017.
ContactAmy Scholik-Schlomer, Office of Protected Resources, 301-427-8449, [email protected]
FR Citation82 FR 24950 
RIN Number0648-XC96
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