82 FR 45828 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Submarine Base New London Pier Construction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 189 (October 2, 2017)

Page Range		45828-45829
FR Document		2017-21072

NMFS has received a request from the U.S. Navy (Navy) for authorization to take, by harassment, of marine mammals incidental to conducting pier construction at the Navy Submarine Base New London in Groton, Connecticut, beginning October 2018 and ending March 2022. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy's request for regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy's application and request.

Federal Register, Volume 82 Issue 189 (Monday, October 2, 2017)

[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45828-45829]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21072]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF697


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Navy Submarine Base New London Pier Construction

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for 
authorization to take, by harassment, of marine mammals incidental to 
conducting pier construction at the Navy Submarine Base New London in 
Groton, Connecticut, beginning October 2018 and ending March 2022. 
Pursuant to the implementing regulations of the Marine Mammal 
Protection Act (MMPA), NMFS is announcing our receipt of the Navy's 
request for regulations governing the incidental taking of marine 
mammals and inviting information, suggestions, and comments on the 
Navy's application and request.

DATES: Comments and information must be received no later than November 
1, 2017.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits, Conservation and Education Division, Office 
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing email comments is [email protected].
    Instructions: NMFS is not responsible for email comments sent to 
addresses other than the one provided here. Comments sent via email, 
including all attachments, must not exceed a 10-megabyte file size. All 
comments received are a part of the public record and will generally be 
posted to www.nmfs.noaa.gov/pr/permits/incidental/construction.htm 
without change. All Personal Identifying Information (for example, 
name, address, etc.) 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: Shane Guan, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

[[Page 45829]]

Availability

    An electronic copy of the Navy's application may be obtained online 
at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

Background

    Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act 
of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary 
of Commerce (Secretary) to allow, upon request, the incidental, but not 
intentional taking 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 or, if the taking is limited to 
harassment, notice of a proposed authorization is provided to the 
public for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), 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., pile driving) may result in the take 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 of Request

    On March 22, 2017, NMFS received an application from the Navy 
requesting authorization to take a small number of harbor and gray 
seals, by Level A and Level B harassment, incidental to noise exposure 
resulting from conducting pier construction activities at the Navy 
Submarine Base New London in Groton, Connecticut, from October 2018 to 
March 2022. On August 31, 2017, NMFS deemed the application adequate 
and complete.

Description of the Specified Activity

    The proposed Submarine Base New London pier construction includes 
construction of the new Pier 32 and the demolishing of the existing 
Pier 32 and Pier 10. Structural support piles for Pier 32 would consist 
of approximately 120 concrete-filled steel pipe piles measuring 36 
inches in diameter. The piles would be driven between 40 feet (ft) 
below the mudline near the shore and 150 ft below the mudline at the 
end of the pier. Fender piles would also be installed and would consist 
of approximately 194 fiberglass-reinforced plastic piles measuring 16 
inches in diameter. Demolition of existing Pier 32 would include the 
removal by vibratory driver-extractor (hammer) of approximately 60 
steel piles from the temporary work trestle, 120 concrete-encased steel 
H-piles, and 70 steel H-piles. Fifty-six wood piles would be pulled 
with a sling. Demolition of Pier 10 would include the removal by 
vibratory hammer of 24 concrete-encased, steel H-piles and 166 cast-in-
place, reinforced concrete piles. Eight-four steel fender piles and 41 
wood piles would be pulled with a sling. A total of 440 piles would be 
removed by vibratory hammer for both piers and the work trestle.
    The in-water construction and demolition activities are anticipated 
to begin in October 2018 and take approximately 35 non-consecutive 
months to complete. However, the rule will cover a five-year period to 
encompass additional time should delays occur.
    A suite of proposed mitigation and monitoring measures for marine 
mammals that could potentially be taken during in-water construction 
activities includes: (1) Establishing and monitoring Level A and Level 
B zones with protected species observers (PSOs), (2) establishing a 10-
m shutdown and implementing shutdown measures with an animal is 
detected to approach the shutdown zone, and (3) limiting pile driving 
and pile removal activities during daylight hours only.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (see ADDRESSES). NMFS will 
consider all information, suggestions, and comments related to the 
Navy's request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy's Submarine Base New London pier construction.

    Dated: September 27, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-21072 Filed 9-29-17; 8:45 am]
 BILLING CODE 3510-22-P

45828 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices

affected marine mammal species or take represent small numbers of DEPARTMENT OF COMMERCE
stocks. bottlenose dolphins.
National Oceanic and Atmospheric
Small Numbers Based on the analysis contained
Administration
As noted above, only small numbers herein of the planned activity (including
of incidental take may be authorized the mitigation and monitoring RIN 0648–XF697
under Section 101(a)(5)(D) of the MMPA measures) and the anticipated take of
marine mammals, NMFS finds that Taking and Importing Marine
for specified activities other than Mammals; Taking Marine Mammals
military readiness activities. The MMPA small numbers of marine mammals will
Incidental to U.S. Navy Submarine
does not define small numbers and so, be taken relative to the population size
Base New London Pier Construction
in practice, where estimated numbers of the affected species or stocks.
are available, NMFS compares the AGENCY: National Marine Fisheries
Impact on Availability of Affected
number of individuals taken to the most Service (NMFS), National Oceanic and
appropriate estimation of abundance of Species for Taking for Subsistence Uses Atmospheric Administration (NOAA),
the relevant species or stock in our There are no relevant subsistence uses Commerce.
determination of whether an of the affected marine mammal stocks or ACTION: Notice; receipt of application for
authorization is limited to small species implicated by this action. letter of authorization; request for
numbers of marine mammals. Therefore, NMFS has determined that comments and information.
Additionally, other qualitative factors
the total taking of affected species or SUMMARY: NMFS has received a request
may be considered in the analysis, such
stocks would not have an unmitigable from the U.S. Navy (Navy) for
as the temporal or spatial scale of the
activities. adverse impact on the availability of authorization to take, by harassment, of
The number of incidents of take such species or stocks for taking for marine mammals incidental to
planned for authorization for these subsistence purposes. conducting pier construction at the
stocks, with the exception of the coastal Endangered Species Act (ESA) Navy Submarine Base New London in
bottlenose dolphin (see below), would Groton, Connecticut, beginning October
be considered small relative to the Section 7(a)(2) of the Endangered 2018 and ending March 2022. Pursuant
relevant stocks or populations (see Species Act of 1973 (ESA: 16 U.S.C. to the implementing regulations of the
Table 8) even if each estimated taking 1531 et seq.) requires that each Federal Marine Mammal Protection Act
occurred to a new individual. This is an agency insure that any action it (MMPA), NMFS is announcing our
extremely unlikely scenario as, for authorizes, funds, or carries out is not receipt of the Navy’s request for
pinnipeds occurring at the NBPL likely to jeopardize the continued regulations governing the incidental
waterfront, there will almost certainly existence of any endangered or taking of marine mammals and inviting
be some overlap in individuals present information, suggestions, and comments
threatened species or result in the
day-to-day and in general, there is likely on the Navy’s application and request.
destruction or adverse modification of
to be some overlap in individuals DATES: Comments and information must
present day-to-day for animals in designated critical habitat. To ensure
ESA compliance for the issuance of be received no later than November 1,
estuarine/inland waters. 2017.
The numbers of authorized take for IHAs, NMFS consults internally, in this
case with the ESA Interagency ADDRESSES: Comments on the
bottlenose dolphins are higher relative
to the total stock abundance estimate Cooperation Division, whenever we application should be addressed to Jolie
and would not represent small numbers propose to authorize take for Harrison, Chief, Permits, Conservation
if a significant portion of the take was endangered or threatened species. and Education Division, Office of
for a new individual. However, these Protected Resources, National Marine
The Navy initiated informal Fisheries Service, 1315 East-West
numbers represent the estimated consultation under section 7 of the ESA
incidents of take, not the number of Highway, Silver Spring, MD 20910–
with NMFS Southwest Regional Office 3225. The mailbox address for providing
individuals taken. That is, it is likely (now West Coast Regional Office) on
that a relatively small subset of email comments is ITP.guan@noaa.gov.
March 5, 2013. NMFS concluded on Instructions: NMFS is not responsible
California coastal bottlenose dolphins
May 16, 2013, that the planned action for email comments sent to addresses
would be incidentally harassed by
project activities. California coastal may affect, but is not likely to adversely other than the one provided here.
bottlenose dolphins range from San affect, WNP gray whales. The Navy has Comments sent via email, including all
Francisco Bay to San Diego (and south not requested authorization of the attachments, must not exceed a 10-
into Mexico) and the specified activity incidental take of WNP gray whales and megabyte file size. All comments
would be stationary within an enclosed we are not authorizing it, and there are received are a part of the public record
water body that is not recognized as an no other ESA-listed marine mammals and will generally be posted to
area of any special significance for found in the action area. Therefore, no www.nmfs.noaa.gov/pr/permits/
coastal bottlenose dolphins (and is consultation under the ESA is required. incidental/construction.htm without
therefore not an area of dolphin change. All Personal Identifying
Dated: September 27, 2017.
aggregation, as evident in Navy Information (for example, name,
Donna S. Wieting, address, etc.) voluntarily submitted by
observational records). We therefore
Director, Office of Protected Resources, the commenter may be publicly
believe that the estimated numbers of
sradovich on DSK3GMQ082PROD with NOTICES

National Marine Fisheries Service. accessible. Do not submit Confidential
takes, were they to occur, likely
represent repeated exposures of a much [FR Doc. 2017–21044 Filed 9–29–17; 8:45 am] Business Information or otherwise
smaller number of bottlenose dolphins BILLING CODE 3510–22–P sensitive or protected information.
and that, based on the limited region of FOR FURTHER INFORMATION CONTACT:
exposure in comparison with the known Shane Guan, Office of Protected
distribution of the coastal bottlenose Resources, NMFS, (301) 427–8401.
dolphin, these estimated incidents of SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices 45829

Availability construction activities at the Navy potential development and
An electronic copy of the Navy’s Submarine Base New London in Groton, implementation of regulations
application may be obtained online at: Connecticut, from October 2018 to governing the incidental taking of
www.nmfs.noaa.gov/pr/permits/ March 2022. On August 31, 2017, NMFS marine mammals by the Navy’s
incidental/construction.htm. deemed the application adequate and Submarine Base New London pier
complete. construction.
Background Dated: September 27, 2017.
Description of the Specified Activity
Sections 101(a)(5)(A) and (D) of the The proposed Submarine Base New Donna S. Wieting,
Marine Mammal Protection Act of 1972, London pier construction includes Director, Office of Protected Resources,
as amended (MMPA; 16 U.S.C. 1361 et construction of the new Pier 32 and the National Marine Fisheries Service.
seq.) direct the Secretary of Commerce demolishing of the existing Pier 32 and [FR Doc. 2017–21072 Filed 9–29–17; 8:45 am]
(Secretary) to allow, upon request, the Pier 10. Structural support piles for Pier BILLING CODE 3510–22–P
incidental, but not intentional taking of 32 would consist of approximately 120
marine mammals by U.S. citizens who concrete-filled steel pipe piles
engage in a specified activity (other than measuring 36 inches in diameter. The
commercial fishing) if certain findings piles would be driven between 40 feet COMMITTEE FOR PURCHASE FROM
are made and regulations are issued or, (ft) below the mudline near the shore PEOPLE WHO ARE BLIND OR
if the taking is limited to harassment, and 150 ft below the mudline at the end SEVERELY DISABLED
notice of a proposed authorization is of the pier. Fender piles would also be
provided to the public for review. installed and would consist of Procurement List; Additions and
Authorization for incidental takings approximately 194 fiberglass-reinforced Deletions
shall be granted if NMFS finds that the plastic piles measuring 16 inches in
taking will have a negligible impact on AGENCY: Committee for Purchase From
diameter. Demolition of existing Pier 32 People Who Are Blind or Severely
the species or stock(s), will not have an would include the removal by vibratory
unmitigable adverse impact on the Disabled.
driver-extractor (hammer) of
availability of the species or stock(s) for approximately 60 steel piles from the ACTION: Additions to and deletions from
subsistence uses (where relevant), and if temporary work trestle, 120 concrete- the Procurement List.
the permissible methods of taking and encased steel H-piles, and 70 steel H-
requirements pertaining to the SUMMARY: This action adds products and
piles. Fifty-six wood piles would be
mitigation, monitoring and reporting of services to the Procurement List that
pulled with a sling. Demolition of Pier
such taking are set forth. will be furnished by nonprofit agencies
10 would include the removal by
NMFS has defined ‘‘negligible employing persons who are blind or
vibratory hammer of 24 concrete-
impact’’ in 50 CFR 216.103 as an impact have other severe disabilities, and
encased, steel H-piles and 166 cast-in-
resulting from the specified activity that deletes products and a service from the
place, reinforced concrete piles. Eight-
cannot be reasonably expected to, and is Procurement List previously furnished
four steel fender piles and 41 wood
not reasonably likely to, adversely affect by such agencies.
piles would be pulled with a sling. A
the species or stock through effects on total of 440 piles would be removed by DATES: Date added to and deleted from
annual rates of recruitment or survival. vibratory hammer for both piers and the the Procurement List: October 29, 2017.
Except with respect to certain work trestle. ADDRESSES: Committee for Purchase
activities not pertinent here, the MMPA The in-water construction and From People Who Are Blind or Severely
defines ‘‘harassment’’ as any act of demolition activities are anticipated to Disabled, 1401 S. Clark Street, Suite
pursuit, torment, or annoyance which (i) begin in October 2018 and take 715, Arlington, Virginia 22202–4149.
has the potential to injure a marine approximately 35 non-consecutive FOR FURTHER INFORMATION CONTACT:
mammal or marine mammal stock in the months to complete. However, the rule
wild (Level A harassment); or (ii) has Amy B. Jensen, Telephone: (703) 603–
will cover a five-year period to 7740, Fax: (703) 603–0655, or email
the potential to disturb a marine encompass additional time should
mammal or marine mammal stock in the CMTEFedReg@AbilityOne.gov.
delays occur.
wild by causing disruption of behavioral A suite of proposed mitigation and SUPPLEMENTARY INFORMATION:
patterns, including, but not limited to, monitoring measures for marine Additions
migration, breathing, nursing, breeding, mammals that could potentially be
feeding, or sheltering (Level B taken during in-water construction On 6/30/2017 (82 FR 29852), 8/18/
harassment). activities includes: (1) Establishing and 2017 (82 FR 39413–39414), and 8/25/
The use of sound sources such as monitoring Level A and Level B zones 2017 (82 FR 40569–40570), the
those described in the application (e.g., with protected species observers (PSOs), Committee for Purchase From People
pile driving) may result in the take of (2) establishing a 10-m shutdown and Who Are Blind or Severely Disabled
marine mammals through disruption of implementing shutdown measures with published notices of proposed additions
behavioral patterns or may cause an animal is detected to approach the to the Procurement List.
auditory injury of marine mammals. shutdown zone, and (3) limiting pile After consideration of the material
Therefore, incidental take authorization driving and pile removal activities presented to it concerning capability of
under the MMPA is warranted. during daylight hours only. qualified nonprofit agencies to provide
the products and services and impact of
sradovich on DSK3GMQ082PROD with NOTICES

Summary of Request Information Solicited the additions on the current or most
On March 22, 2017, NMFS received Interested persons may submit recent contractors, the Committee has
an application from the Navy requesting information, suggestions, and comments determined that the products and
authorization to take a small number of concerning the Navy’s request (see services listed below are suitable for
harbor and gray seals, by Level A and ADDRESSES). NMFS will consider all procurement by the Federal Government
Level B harassment, incidental to noise information, suggestions, and comments under 41 U.S.C. 8501–8506 and 41 CFR
exposure resulting from conducting pier related to the Navy’s request and NMFS’ 51–2.4.

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Document Created: 2017-09-30 04:40:55
Document Modified: 2017-09-30 04:40:55

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 application for letter of authorization; request for comments and information.
Dates		Comments and information must be received no later than November 1, 2017.
Contact		Shane Guan, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		82 FR 45828
RIN Number		0648-XF69

82 FR 45828 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Submarine Base New London Pier Construction

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 189 (October 2, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration