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Federal Register / Vol. 90, No. 97 / Wednesday, May 21, 2025 / Notices
TABLE 5—ESTIMATES OF MEAN UNDERWATER SOUND LEVELS * GENERATED DURING IN-WATER VIBRATORY AND IMPACT
PILE INSTALLATION AND VIBRATORY PILE REMOVAL—Continued
Method
Pile size and type
Impact install .............................................
dB RMS (dB
re 1 uPa
RMS)
30-inch (76 cm)
steel pile.
dB peak (dB
re 1 uPa peak)
dB SEL (dB re
1 uPa2-sec)
210
177
190
Reference
Caltrans 2015.
Note: dB = decibels; dB peak = peak sound level; RMS = root mean square; uPa = micro-Pascals; SEL = sound exposure level; cm = centimeter. * All sound levels are referenced at 10 m.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NAO 216–
6A, which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Accordingly,
NMFS has determined that the issuance
of the IHA qualifies to be categorically
excluded from further NEPA review.
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Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA; 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
NMFS is authorizing take of the
following distinct population segments:
Western U.S. Steller sea lion, Western
North Pacific humpback whale, the
Mexico humpback whale, and fin
whale, which are listed under the ESA.
The Permit and Conservation Division
completed a section 7 consultation with
the Alaska Regional Office for the
issuance of this IHA. The Alaska
Regional Office’s biological opinion
states that the action is not likely to
jeopardize the continued existence of
the listed species.
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Authorization
Accordingly, consistent with the
requirements of section 101(a)(5)(D) of
the MMPA, NMFS has issued an IHA to
ARRC for authorization to take marine
mammals incidental to Seward Freight
Dock construction project in Seward,
Alaska.
Dated: May 15, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2025–09070 Filed 5–20–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Applications and Reports for
Scientific Research and Enhancement
Permits Under the Endangered
Species Act
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on December
18, 2024 during a 60-day comment
period. This notice allows for an
additional 30 days for public comments.
Agency: National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
Title: Applications and Reports for
Scientific Research and Enhancement
Permits Under the Endangered Species
Act.
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Sfmt 4703
OMB Control Number: 0648–0402.
Form Number(s): None.
Type of Request: Regular submission
(extension of a currently approved
collection).
Number of Respondents: 175 per year.
Average Hours per Response: 12
hours for permit applications; 6 hours
for permit modification requests; 2
hours for annual reports.
Total Annual Burden Hours: 810
hours.
Needs and Uses: This is a request for
renewal of an approved information
collection. The Endangered Species Act
of 1973 (ESA; 16 U.S.C. 1531 et seq.)
imposes prohibitions against the taking
of threatened and endangered species.
Section 10 of the ESA allows permits
authorizing the taking of such species
for research and enhancement purposes.
The corresponding regulations
established procedures for persons to
apply for such permits. In addition, the
regulations set forth specific reporting
requirements for such permit holders.
The regulations thus require two sets of
information collections: (1)
Applications for research/enhancement
permits, and (2) prescribed reports for
such permits once they are issued.
The required information is used to
evaluate the impacts that research and
enhancement activities have on
endangered species, to make the
determinations required by the ESA
before issuing any such permit, and to
establish appropriate permit conditions.
To issue permits under ESA section
10(a)(1)(A), the National Marine
Fisheries Service (NMFS) must
determine that (1) such exceptions were
applied for in good faith, (2) if granted
and exercised, will not operate to the
disadvantage of such endangered
species, and (3) will be consistent with
the purposes and policy set forth in
Section 2 of the ESA. This collection is
not being revised in any way.
Affected Public: Federal government;
State, local, or tribal governments;
business or other for-profit
organizations, educational institutions.
Frequency: Annually.
Respondent’s Obligation: Required to
Obtain or Retain Benefits.
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Federal Register / Vol. 90, No. 97 / Wednesday, May 21, 2025 / Notices
Legal Authority: The Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.).
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0648–0402.
Sheleen Dumas,
Departmental PRA Compliance Officer, Office
of the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2025–09083 Filed 5–20–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE878]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Lutak Dock
Replacement Project, Haines, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
NMFS has received a request
from the Haines Borough for the
reissuance of a previously issued
incidental harassment authorization
(IHA) with the only change being
effective dates. The initial IHA
authorized take of six species of marine
mammals, by Level A and Level B
harassment, incidental to construction
activities associated with the Lutak
Dock Replacement project in Haines,
Alaska. The project has been delayed by
1 year and none of the work covered in
the initial IHA has been conducted. The
initial IHA was effective from June 1,
2024 through May 31, 2025. The Haines
Borough has requested reissuance with
new effective dates of June 1, 2025
through May 31, 2026. The scope of the
activities and anticipated effects remain
the same, authorized take numbers are
not changed, and the required
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SUMMARY:
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mitigation, monitoring, and reporting
remains the same as included in the
initial IHA. NMFS is, therefore, issuing
a second identical IHA to cover the
incidental take analyzed and authorized
in the initial IHA.
DATES: This authorization is effective
from June 1, 2025 through May 31,
2026.
ADDRESSES: An electronic copy of the
final 2024 IHA previously issued to
Haines Borough, the Haines Borough’s
application, and the Federal Register
notices proposing and issuing the initial
IHA may be obtained by visiting https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-hainesboroughs-lutak-dock-replacementproject-haines-alaska. In case of
problems accessing these documents,
please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Craig Cockrell, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
Marine Mammal Protection Act (MMPA;
16 U.S.C. 1361 et seq.) direct the
Secretary of Commerce (as delegated to
NMFS) 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)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An 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 takings 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.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
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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).
Summary of Request
On February 16, 2024, NMFS
published final notice of our issuance of
an IHA authorizing take of marine
mammals incidental to the Lutak Dock
Replacement project in Haines, Alaska
(89 FR 12306). The effective dates of
that IHA were June 1, 2024 through May
31, 2025. On March 18, 2025, Haines
Borough informed NMFS that the
project would be delayed by one year.
None of the work identified in the
initial IHA (e.g., pile driving and
removal) has occurred. The request was
for NMFS to reissue an identical IHA
that would be effective from June 1,
2025 through May 31, 2026, in order to
conduct the construction work that was
analyzed and authorized through the
previously issued IHA. Therefore,
reissuance of the IHA is appropriate.
Summary of Specified Activity and
Anticipated Impacts
The planned activities (including
mitigation, monitoring, and reporting),
authorized incidental take, and
anticipated impacts on the affected
stocks are the same as those analyzed
and authorized through the previously
issued IHA.
Haines Borough will encapsulate the
existing Lutak Dock structure with a
new dock structure of similar design. Inwater construction activities associated
with the project will include impact pile
driving, vibratory pile driving and
removal, and down the hole drilling
installation. The location, timing, and
nature of the activities, including the
types of equipment planned for use, are
identical to those described in the initial
IHA. The mitigation and monitoring are
also as prescribed in the initial IHA.
Species that are expected to be taken
by the planned activity include
humpback whale (Megaptera
novaeangliae), killer whale (Orcinus
orca), harbor porpoise (Phocoena
phocoena), Dall’s porpoise
(Phocoenoides dalli), Steller sea lion
(Eumetopias jubatus), and harbor seal
(Phoca vitulina). A description of the
methods and inputs used to estimate
take anticipated to occur and,
ultimately, the take that was authorized
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File Type | application/pdf |
File Modified | 2025-05-21 |
File Created | 2025-05-21 |