Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices 64531 

4 Id. 

5See Steel Concrete Reinforcing Bars from 

Belarus, the People’s Republic of China, Indonesia, 

Latvia, Moldova, Poland, and Ukraine: Final 

Results of Expedited Third Sunset Reviews of the 

Antidumping Duty Orders; Determination, 83 FR 

63188 (December 7, 2018). 

6 Id. 

notified the ITC of the magnitude of the 

margins of dumping likely to prevail 

were the Orders revoked.4

On December 7, 2018, the ITC 

published its determinations, pursuant 

to sections 751(c) and 752 of the Act, 

that revocation of the Orders on rebar 

from Belarus, China, Indonesia, Latvia, 

Moldova, Poland, and Ukraine would 

likely lead to continuation or recurrence 

of material injury to an industry in the 

United States within a reasonably 

foreseeable time.5

Scope of the Orders 

The product covered by the orders is 

all steel concrete reinforcing bars sold in 

straight lengths, currently classifiable in 

the Harmonized Tariff Schedule of the 

United States (HTSUS) under item 

numbers 7214.20.00, 7228.30.8050, 

7222.11.0050, 7222.30.0000, 

7228.60.6000, 7228.20.1000, or any 

other tariff item number. Specifically 

excluded are plain rounds (i.e., nondeformed or smooth bars) and rebar that 

has been further processed through 

bending or coating.6

Continuation of the Orders 

As a result of the determinations by 

Commerce and the ITC that revocation 

of the Orders would likely lead to a 

continuation or a recurrence of dumping 

and material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act and 19 CFR 

351.218(a), Commerce hereby orders the 

continuation of the Orders on rebar from 

Belarus, China, Indonesia, Latvia, 

Moldova, Poland, and Ukraine. U.S. 

Customs and Border Protection will 

continue to collect AD cash deposits at 

the rates in effect at the time of entry for 

all imports of subject merchandise. 

The effective date of the continuation 

of the Orders will be the date of 

publication in the Federal Register of 

this notice of continuation. Pursuant to 

section 751(c)(2) of the Act, Commerce 

intends to initiate the next five-year 

reviews of these orders not later than 30 

days prior to the fifth anniversary of the 

effective date of continuation. 

Administrative Protective Order 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return/destruction or conversion to 

judicial protective order of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3). 

Failure to comply is a violation of the 

APO which may be subject to sanctions. 

These sunset reviews and notice are 

in accordance with sections 751(c), 752, 

and published pursuant to 777(i)(1) of 

the Act and 19 CFR 351.218(f)(4). 

Dated: December 11, 2018. 

Christian Marsh, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2018–27239 Filed 12–14–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

[Docket Number: 181101997–8999–02] 

Developing a Privacy Framework 

AGENCY: National Institute of Standards 

and Technology, U.S. Department of 

Commerce. 

ACTION: Notice; extension of comment 

period. 

SUMMARY: The National Institute of 

Standards and Technology (NIST) 

extends the period for submitting 

written comments on the request for 

information (RFI) entitled ‘‘Developing a 

Privacy Framework,’’ published on 

November 14, 2018. The public 

comment period was originally to close 

on December 31, 2018; the comment 

period is extended to now end on 

January 14, 2019. NIST is taking this 

action to provide additional time to 

submit comments because multiple 

interested parties have expressed 

difficulty in submitting comments by 

the original deadline and have asked for 

an extension. 

DATES: Comments must be received on 

or before January 14, 2019 at 5:00 p.m. 

Eastern Time. 

ADDRESSES: Written comments may be 

submitted by mail to Katie MacFarland, 

National Institute of Standards and 

Technology, 100 Bureau Drive, Stop 

2000, Gaithersburg, MD 20899. 

Electronic submissions may be sent to 

privacyframework@nist.gov, and may be 

in any of the following formats: HTML, 

ASCII, Word, RTF, or PDF. Please cite 

‘‘Developing a Privacy Framework’’ in 

all correspondence. Comments received 

by the deadline will be posted at http:// 

www.nist.gov/privacyframework 

without change or redaction, so 

commenters should not include 

information they do not wish to be 

posted (e.g., personal or confidential 

business information). Comments that 

contain profanity, vulgarity, threats, or 

other inappropriate language or content 

will not be posted or considered. 

FOR FURTHER INFORMATION CONTACT: For 

questions about the RFI contact: Naomi 

Lefkovitz, U.S. Department of 

Commerce, NIST, MS 2000, 100 Bureau 

Drive, Gaithersburg, MD 20899, 

telephone (301) 975–2924, email 

privacyframework@nist.gov. Please 

direct media inquiries to NIST’s Public 

Affairs Office at (301) 975–NIST. 

SUPPLEMENTARY INFORMATION: On 

November 14, 2018, NIST published a 

notice and RFI in the Federal Register 

(83 FR 56824), about developing a 

privacy framework. The notice 

requested public comments on or before 

December 31, 2018. Multiple interested 

parties have expressed difficulty in 

submitting comments by the original 

deadline, and have asked for an 

extension. In light of these requests, 

NIST extends the period for submitting 

public comments to January 14, 2018. 

Previously submitted comments do not 

need to be resubmitted. 

Kevin A. Kimball, 

Chief of Staff. 

[FR Doc. 2018–27248 Filed 12–14–18; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG454 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to US 101/ 

Chehalis River Bridge-Scour Repair in 

Washington State 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that we have issued an incidental 

harassment authorization (IHA) to 

Washington State Department of 

Transportation (WSDOT) to take small 

numbers of marine mammals, by 

harassment, incidental to US 101/ 

Chehalis River Bridge-Scour Repair in 

Washington State. 

DATES: This authorization is valid from 

July 15, 2019, through February 15, 

2020. 


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FOR FURTHER INFORMATION CONTACT: Rob 

Pauline, Office of Protected Resources, 

NMFS, (301) 427–8401. Electronic 

copies of the application and supporting 

documents may be obtained online at: 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-take-authorizationsconstruction-activities. In case of 

problems accessing these documents, 

please call the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the 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 

incidental take authorization may be 

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) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other means of effecting the least 

practicable adverse impact on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. 

The National Defense Authorization 

Act (Pub. L. 108–136) removed the 

small numbers and specified 

geographical region limitations 

indicated above and amended the 

definition of harassment as it applies to 

a military readiness activity 

Summary of Request 

On July 26, 2018, NMFS received a 

request from WSDOT for an IHA to take 

marine mammals incidental to US 101/ 

Chehalis River Bridge-Scour Repair in 

the State of Washington. WSDOT’s 

request was for take of small numbers of 

harbor seal (Phoca vitulina); California 

sea lion (Zalophus californianus); 

Steller sea lion (Eumetopias jubatus); 

gray whale (Eschrichtius robustus); and 

harbor porpoise (Phocoena phocoena) 

by Level B harassment only. This 

authorization is valid from July 15, 

2019, through February 15, 2020. 

Neither WSDOT nor NMFS expects 

serious injury or mortality to result from 

this activity and, therefore, an IHA is 

appropriate. 

Description of the Activity 

Overview 

WSDOT plans to conduct in-water 

construction work as part of the US 101/ 

Chehalis River Bridge-Scour Repair 

Project in Washington State between 

July 15, 2019 and February 15, 2020. 

Vibratory pile driving will be required 

to remove and install timber piles, steel 

sheets and steel H-piles. Sound in the 

water from vibratory driving may result 

in behavioral harassment. NMFS 

previously issued an IHA to WSDOT to 

incidentally take five species of marine 

mammal by Level B harassment on 

October 18, 2017 (82 FR 50628; 

November 1, 2017). That IHA is valid 

from July 1, 2018 through June 30, 2019. 

However, WSDOT has made minor 

changes to the project plan and delayed 

the work by one year. Therefore, 

WSDOT has requested that NMFS reissue the IHA with the dates changed to 

accommodate the analyzed work with 

minor modifications to the number of 

piles driven and removed as well as the 

number of animals authorized for take. 

No work was conducted or is planned 

to occur under the original IHA. The 

purpose of the US 101/Chehalis River 

Bridge-Scour Repair Project is to make 

the bridge foundation stable and protect 

the foundation from further scour. 

Bridge scour is the removal of sediment 

such as sand and gravel from around 

bridge abutments or piles. Scour, caused 

by swiftly moving water, can scoop out 

scour holes, compromising the integrity 

of a structure. WSDOT plans to remove 

debris from the scour area, fill the scour 

void under Pier 14 with cement (to 

protect the pilings from marine borers), 

fill the scour hole, and protect the pier 

with scour resistant material. 

Note that WSDOT has made revisions 

to the number and types of piles that 

would be installed and removed under 

the proposed 2019 IHA. The first change 

is the removal of 44 timber piles (some 

of which may be treated with creosote) 

from the immediate vicinity of the scour 

repair project. Additionally, 18 sheet 

piles will be temporarily installed 

adjacent to Pier 14, instead of the 44 

sheet piles originally proposed. A 

detailed description of the planned 

WSDOT project is provided in the 

Federal Register notice for the proposed 

IHA (83 FR 53033; October 19, 2018). 

Since that time, no changes have been 

made to the planned WSDOT 

construction activities. Therefore, a 

detailed description is not provided 

here. Please refer to that Federal 

Register notice for the description of the 

specific activity. 

Dates and Duration 

Due to NMFS and the U.S. Fish and 

Wildlife Service (USFWS) in-water 

work timing restrictions to protect 

Endangered Species Act (ESA)-listed 

salmonids, planned WSDOT in-water 

construction is limited each year to July 

15 through February 15. For this project, 

in-water construction is planned to take 

place between July 15, 2019 and 

September 30, 2019. The IHA is 

effective from July 15, 2019 to February 

15, 2020. The estimated number of piles 

and maximum time period for pile 

installation and removal is 37 hours 

over 6 days as shown in Table 1. 

TABLE 1—PILE REMOVAL MITIGATION AND SCOUR REPAIR PILE SUMMARY

Method Pile type Number of 

piles 

Minutes per 

pile Total minutes Duration (hours) Piles per day 

Duration 

(11-hour work 

days) 

Vibratory Removal 14-inch diameter 

timber.

44 30 1320 22 22 2 

Vibratory Driving ... Sheet .................... 18 30 540 9 9 2 

Vibratory Driving ... H pile .................... 6 30 180 3 6 1 

Vibratory Removal H pile .................... 6 30 180 3 6 1 

Total ............... ............................... ........................ ........................ 2220 37 ........................ 6.0 


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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices 64533 

Comments and Responses 

A notice of NMFS’s proposal to issue 

an IHA to WSDOT was published in the 

Federal Register on October 19, 2018 

(83 FR 53033). That notice described, in 

detail, WSDOT’s planned activity, the 

marine mammal species that may be 

affected by the activity, and the 

anticipated effects on marine mammals. 

During the 30-day public comment 

period, NMFS received comments from 

the Marine Mammal Commission 

(Commission). Please see the letter, 

available online at https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities, for full details of the 

Commission’s recommendations. The 

Commission recommended that NMFS 

issue the IHA, subject to inclusion of the 

proposed mitigation, monitoring, and 

reporting measures. 

Comment 1: The Commission 

expressed concern that the renewal 

process proposed in the Federal 

Register notice is inconsistent with the 

statutory requirements. The 

Commission recommended that NMFS 

refrain from implementing its proposed 

renewal process and instead use 

abbreviated Federal Register notices 

and reference existing documents to 

streamline the incidental harassment 

authorization process. The Commission 

further recommended that if NMFS did 

not pursue a more general route, NMFS 

should provide the Commission and the 

public with a legal analysis supporting 

its conclusion that the process is 

consistent with the requirements under 

section 101(a)(5)(D) of the MMPA. 

Response 1: The notice of the 

proposed IHA expressly notifies the 

public that under certain, limited 

conditions an applicant could seek a 

renewal IHA for an additional year. The 

notice describes the conditions under 

which such a renewal request could be 

considered and expressly seeks public 

comment in the event such a renewal is 

sought. Additional reference to this 

solicitation of public comment has 

recently been added at the beginning of 

Federal Register notices that consider 

renewals. NMFS appreciates the 

streamlining achieved by the use of 

abbreviated Federal Register notices 

and intends to continue using them for 

proposed IHAs that include minor 

changes from previously issued IHAs, 

but which do not satisfy the renewal 

requirements. However, we believe our 

proposed method for issuing renewals 

meets statutory requirements and 

maximizes efficiency. Importantly, such 

renewals would be limited to where the 

activities are identical or nearly 

identical to those analyzed in the 

proposed IHA, monitoring does not 

indicate impacts that were not 

previously analyzed and authorized, 

and the mitigation and monitoring 

requirements remain the same, all of 

which allow the public to comment on 

the appropriateness and effects of a 

renewal at the same time the public 

provides comments on the initial IHA. 

NMFS has, however, modified the 

language for future proposed IHAs to 

clarify that all IHAs, including renewal 

IHAs, are valid for no more than one 

year and that the agency would consider 

only one renewal for a project at this 

time. In addition, notice of issuance or 

denial of a renewal IHA would be 

published in the Federal Register, as are 

all IHAs. Last, NMFS will publish on 

our website a description of the renewal 

process before any renewal is issued 

utilizing the new process. 

Description of Marine Mammals in the 

Area of Specified Activities 

A detailed description of the species 

likely to be affected by WSDOT’s 

project, including brief introductions to 

the species and relevant stocks as well 

as available information regarding 

population trends and threats, and 

information regarding local occurrence, 

were provided in the Federal Register 

notice for the proposed IHA (83 FR 

53033; October 19, 2018); since that 

time, we are not aware of any changes 

in the status of these species and stocks; 

therefore, detailed descriptions are not 

provided here. Please refer to that 

Federal Register notice for these 

descriptions. Please also refer to NMFS’ 

website (https://

www.fisheries.noaa.gov/find-species) for 

generalized species accounts. 

Table 2 lists all species with expected 

potential for occurrence in the project 

location and summarizes information 

related to the population or stock, 

including regulatory status under the 

MMPA and ESA and potential 

biological removal (PBR), where known. 

For taxonomy, we follow Committee on 

Taxonomy (2017). PBR is defined by the 

MMPA as the maximum number of 

animals, not including natural 

mortalities, that may be removed from a 

marine mammal stock while allowing 

that stock to reach or maintain its 

optimum sustainable population (as 

described in NMFS’s SARs). While no 

mortality is anticipated or authorized 

here, PBR and annual serious injury and 

mortality from anthropogenic sources 

are included here as gross indicators of 

the status of the species and other 

threats. 

Marine mammal abundance estimates 

presented in this document represent 

the total number of individuals that 

make up a given stock or the total 

number estimated within a particular 

study or survey area. NMFS’s stock 

abundance estimates for most species 

represent the total estimate of 

individuals within the geographic area, 

if known, that comprises that stock. For 

some species, this geographic area may 

extend beyond U.S. waters. All managed 

stocks in this region are assessed in 

NMFS’s U.S. 2017 SARs (https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments) and draft 

U.S. 2018 SARS (https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/draftmarine-mammal-stock-assessmentreports). All values presented in Table 

2 are the most recent available at the 

time of publication. 

TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROJECT AREA

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

Strategic 

(Y/N) 1

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 2

PBR Annual 

M/SI 3

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales) 

Family Eschrichtiidae 

Gray whale ......................... Eschrichtius robustus ................ Eastern North Pacific ................ N 20,990 (0.05, 20,125, 

2011).

624 132 

Family Phocoenidae (porpoises) 

Harbor porpoise .................. Phocoena phocoena ................. Northern Oregon/Washington 

Coast.

N 21,487 (0.44, 15,123, 

2011).

151 ≥3.0 


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64534 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices 

TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROJECT AREA—Continued 

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

Strategic 

(Y/N) 1

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 2

PBR Annual 

M/SI 3

Order Carnivora—Superfamily Pinnipedia 

Family Otariidae (eared seals 

and sea lions) 

California sea lion ............... Zalophus californianus .............. U.S ............................................ N 296,750 (n/a, 153,337, 

2011).

9,200 389 

Steller sea lion .................... Eumetopias jubatus .................. Eastern U.S .............................. N 41,638 (n/a, 41,638, 

2015) 4.

2,498 108 

Family Phocidae (earless seals) 

Harbor seal ......................... Phoca vitulina ........................... Oregon/Washington Coast ....... N Unk 5 ............................... undet 10.6 

1Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the 

ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or 

which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically 

designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases a CV is not applicable For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge of the species’ (or similar 

species’) life history to arrive at a best abundance estimate; therefore, there is no associated CV. 3These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated 

mortality due to commercial fisheries is presented in some cases. 4Best estimate of pup and non-pup counts, which have not been corrected to account for animals at sea during abundance surveys. 

5 Harbor seal estimate is based on data that are 8 years old, but this is the best available information for use here. 

All species that could potentially 

occur in the survey areas are included 

in Table 2. 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

The effects of underwater noise from 

vibratory pile driving and removal 

activities for the planned River BridgeScour repair project have the potential 

to result in behavioral harassment of 

marine mammals in the vicinity of the 

action area. The Federal Register notice 

for the proposed IHA (83 FR 53033; 

October 19, 2018) included a discussion 

of the effects of anthropogenic noise on 

marine mammals and their habitat, 

therefore that information is not 

repeated here; please refer to the 

Federal Register notice (83 FR 53033; 

October 19, 2018) for that information. 

Estimated Take 

This section provides an estimate of 

the number of incidental takes 

authorized through this IHA, which will 

inform both NMFS’ consideration of 

‘‘small numbers’’ and the negligible 

impact determination. 

Harassment is the only type of take 

expected to result from these activities. 

Except with respect to certain activities 

not pertinent here, section 3(18) of 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). 

Authorized takes would be by Level B 

harassment only, in the form of 

disruption of behavioral patterns for 

individual marine mammals resulting 

from exposure to vibratory driving. 

Based on the nature of the activity and 

the anticipated effectiveness of the 

mitigation measures (i.e., shutdown, 

establishment and monitoring of 

harassment zones) discussed in detail 

below in the Mitigation section), Level 

A harassment is neither anticipated nor 

authorized. 

As described previously, no mortality 

is anticipated or authorized for this 

activity. Below we describe how the 

take is estimated. 

Generally speaking, we estimate take 

by considering: (1) Acoustic thresholds 

above which NMFS believes the best 

available science indicates marine 

mammals will be behaviorally harassed 

or incur some degree of permanent 

hearing impairment; (2) the area or 

volume of water that will be ensonified 

above these levels in a day; (3) the 

density or occurrence of marine 

mammals within these ensonified areas; 

and, (4) and the number of days of 

activities. We note that while these 

basic factors can contribute to a basic 

calculation to provide an initial 

prediction of takes, additional 

information that can qualitatively 

inform take estimates is also sometimes 

available (e.g., previous monitoring 

results or average group size). Below, we 

describe the factors considered here in 

more detail and present the authorized 

take estimate. 

Acoustic Thresholds 

Using the best available science, 

NMFS has developed acoustic 

thresholds that identify the received 

level of underwater sound above which 

exposed marine mammals would be 

reasonably expected to be behaviorally 

harassed (equated to Level B 

harassment) or to incur permanent 

threshold shift (PTS) (equated to Level 

A harassment). 

Level B Harassment for non-explosive 

sources—Though significantly driven by 

received level, the onset of behavioral 

disturbance from anthropogenic noise 

exposure is also informed to varying 

degrees by other factors related to the 

source (e.g., frequency, predictability, 

duty cycle), the environment (e.g., 

bathymetry), and the receiving animals 

(hearing, motivation, experience, 

demography, behavioral context) and 

can be difficult to predict (Southall et 

al., 2007, Ellison et al., 2012). Based on 

what the available science indicates and 

the practical need to use a threshold 

based on a factor that is both predictable 

and measurable for most activities, 

NMFS uses a generalized acoustic 

threshold based on received level to 

estimate the onset of behavioral 

harassment. NMFS predicts that marine 

mammals are likely to be behaviorally 

harassed in a manner we consider Level 

B harassment when exposed to 

underwater anthropogenic noise above 

received levels of 120 decibel (dB) re 1 

micro pascal (mPa) root means square 

(rms) for continuous (e.g., vibratory piledriving, drilling) sources such as those 

used here. 


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WSDOT’s planned activity includes 

the use of continuous (vibratory driving 

and removal and, therefore, the 120 dB 

re 1 mPa (rms) is applicable. 

Level A harassment for non-explosive 

sources—NMFS’ Technical Guidance 

for Assessing the Effects of 

Anthropogenic Sound on Marine 

Mammal Hearing (Version 2.0) (NMFS, 

2018) identifies dual criteria to assess 

auditory injury (Level A harassment) to 

five different marine mammal groups 

(based on hearing sensitivity) as a result 

of exposure to noise from two different 

types of sources (impulsive or nonimpulsive). WSDOT’s planned activity 

includes the use non-impulsive 

(vibratory driving) sources. 

These thresholds are provided in 

Table 3 below. The references, analysis, 

and methodology used in the 

development of the thresholds are 

described in NMFS 2018 Technical 

Guidance, which may be accessed at: 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-acoustic-technicalguidance. 

Ensonified Area 

Here, we describe operational and 

environmental parameters of the activity 

that will feed into identifying the area 

ensonified above the acoustic 

thresholds, which include source levels 

and transmission loss coefficient. 

Reference sound source levels used by 

WSDOT vibratory piling driving and 

removal activities were derived from 

several sources. WSDOT utilized inwater measurements generated by the 

Greenbusch Group (2018) from the 

WDOT Seattle Pier 62 project (83 FR 

39709) to establish proxy sound source 

levels for vibratory removal of 14-inch 

timber piles. The results determined 

unweighted rms ranging from 140 dB to 

169 dB. WSDOT used the 75th 

percentile of these values (161 dB rms 

measured at 10 meters) as a proxy for 

vibratory removal of 14-inch timber 

piles at the Chehalis River Bridge. 


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Table 3. Thresholds identifying the onset of Permanent Threshold Shift. 

' .·. " ' PTS Onset. A~ol!s.tic• ':fhreslu;);lds* .... 

. ···.· .. : .. . ... • .(Receiye4 Level) ' •· . . ·fl~aring Group .. ·. • · ·. : . Impulsive . . ··•· Nol1-'iqtp1lisive .. . 

Cell! Cel/2 

Low-Frequency (LF) Lpk,flat: 219 dB LE,LF,24h: 199 dB Cetaceans 

LE,LF,24h: 183 dB 

Cel/3 Cel/4 

Mid-Frequency (MF) Lpk,flat: 230 dB LE,MF,24h: 198 dB Cetaceans 

LE,MF,24h: 185 dB 

Cel/5 Cel/6 

High-Frequency (HF) Lpk,flat: 202 dB LE,HF,24h: 173 dB Cetaceans 

LE,HF,24h: 155 dB 

Celll Cel/8 

Phocid Pinnipeds (PW) Lpk,flat: 218 dB LE,PW,24h: 201 dB (Underwater) 

LE,PW,24h: 185 dB 

Cel/9 Cel/10 

Otariid Pinnipeds (OW) Lpk,flat: 232 dB LE,OW,24h: 219 dB (Underwater) 

LE,OW,24h: 203 dB 

*Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for 

calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level 

thresholds associated with impulsive sounds, these thresholds should also be considered. 

Note: Peak sound pressure (Lpk) has a reference value of 1 f!Pa, and cumulative sound exposure level (LE) 

has a reference value of lf!Pa2s. In this Table, thresholds are abbreviated to reflect American National 

Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as 

incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript 

"flat" is being included to indicate peak sound pressure should be flat weighted or unweighted within the 

generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates 

the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW 

pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level 

thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). 

When possible, it is valuable for action proponents to indicate the conditions under which these acoustic 

thresholds will be exceeded. 
64536 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices 

However, NMFS reviewed the report by 

the Greenbusch Group (2018) and 

determined that the findings were 

derived by pooling together all steel pile 

and timber pile at various distance 

measurements data together. The data 

was not normalized to the standard 10 

m distance. NMFS analyzed source 

measurements at different distances for 

all 63 individual timber piles that were 

removed and normalized the values to 

10 m. The results showed that the 

median is 152 dB SPLrms. This value 

was used as the source level for 

vibratory removal of 14-inch timber 

piles. 

The planned project includes 

vibratory driving of 18 sheet piles as 

well as vibratory driving and removal of 

six steel H piles. Based on in-water 

measurements at the Elliot Bay Seawall 

Project, vibratory pile driving of steel 

sheet piles generated a source level of 

165 dB rms measured at 10 m 

(Greenbush Group 2015). According to 

CalTrans (2015), 150 dB rms at 10 m is 

a typical source level for vibratory 

driving and removal of steel H piles. 

Level B Harassment Zones 

The practical spreading model was 

used by WSDOT to establish the Level 

B harassment zones for all vibratory pile 

installation and removal activities. 

Practical spreading is described in full 

detail below. 

Pile driving generates underwater 

noise that can potentially result in 

disturbance to marine mammals in the 

project area. Transmission loss (TL) is 

the decrease in acoustic intensity as an 

acoustic pressure wave propagates out 

from a source. TL parameters vary with 

frequency, temperature, sea conditions, 

current, source and receiver depth, 

water depth, water chemistry, and 

bottom composition and topography. 

The general formula for underwater TL 

is: 

TL = B * log10 (R1/R2), 

Where: 

R1 = the distance of the modeled SPL from 

the driven pile, and 

R2 = the distance from the driven pile of the 

initial measurement. 

This formula neglects loss due to 

scattering and absorption, which is 

assumed to be zero here. The degree to 

which underwater sound propagates 

away from a sound source is dependent 

on a variety of factors, most notably the 

water bathymetry and presence or 

absence of reflective or absorptive 

conditions including in-water structures 

and sediments. Spherical spreading 

occurs in a perfectly unobstructed (freefield) environment not limited by depth 

or water surface, resulting in a 6 dB 

reduction in sound level for each 

doubling of distance from the source (20 

* log[range]). Cylindrical spreading 

occurs in an environment in which 

sound propagation is bounded by the 

water surface and sea bottom, resulting 

in a reduction of 3 dB in sound level for 

each doubling of distance from the 

source (10 * log[range]). A practical 

spreading value of 15 is often used 

under conditions where water increases 

with depth as the receiver moves away 

from the shoreline, resulting in an 

expected propagation environment that 

would lie between spherical and 

cylindrical spreading loss conditions. 

Utilizing the practical spreading loss 

model, WSDOT determined the distance 

and area where the noise will fall below 

the behavioral effects threshold of 120 

dB rms. The distances and areas are 

shown in Table 4. Note that the 

ensonified area is based on a GIS 

analysis of the area accounting for 

structures and landmasses which would 

block underwater sound transmission. 

TABLE 4—LEVEL B HARASSMENT ENSONIFIED AREA

Pile type 

Level B harassment zone 

isopleth 

(meters) 

Area 

(km 2) 

14-inch timber vibratory removal ............................................................................................................................. 1,359 0.93 

Steel sheet vibratory driving .................................................................................................................................... 10,000 2.04 

Steel H-pile vibratory driving and removal .............................................................................................................. 1,000 0.67 

Level A Harassment Zones 

When the NMFS Technical Guidance 

(2016) was published, in recognition of 

the fact that ensonified area/volume 

could be more technically challenging 

to predict because of the duration 

component in the new thresholds, we 

developed a User Spreadsheet that 

includes tools to help predict a simple 

isopleth that can be used in conjunction 

with marine mammal density or 

occurrence to help predict takes. We 

note that because of some of the 

assumptions included in the methods 

used for these tools, we anticipate that 

isopleths produced are typically going 

to be overestimates of some degree. 

However, these tools offer the best way 

to predict appropriate isopleths when 

more sophisticated 3D modeling 

methods are not available, and NMFS 

continues to develop ways to 

quantitatively refine these tools, and 

will qualitatively address the output 

where appropriate. For stationary 

sources such as vibratory driving, NMFS 

User Spreadsheet predicts the closest 

distance at which, if a marine mammal 

remained at that distance the whole 

duration of the activity, it would not 

incur PTS. User Spreadsheet inputs are 

shown in Table 5 and outputs are 

shown in Table 6. Note that since no 

Level A harassment take is authorized, 

the areas of the Level A harassment 

zones were not calculated. 

TABLE 5—PARAMETERS OF PILE DRIVING ACTIVITY

14-inch timber Sheet H-Pile 

USER SPREADSHEET INPUT 

Spreadsheet Tab Used ................................................... A.1) Vibratory driving ......... A.1) Vibratory driving ......... A.1) Vibratory driving. 

Source Level (rms SPL) .................................................. 152 ..................................... 165 ..................................... 150. 

Weighting Factor Adjustment (kHz) ................................ 2.5 ...................................... 2.5 ...................................... 2.5. 

Number of piles in 24-h period ........................................ 22 ....................................... 9 ......................................... 6. 

Duration to drive a single pile (minutes) ......................... 30 ....................................... 30 ....................................... 30. 

Propagation (xLogR) ....................................................... 15 ....................................... 15 ....................................... 15. 


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TABLE 5—PARAMETERS OF PILE DRIVING ACTIVITY—Continued 

14-inch timber Sheet H-Pile 

Distance of source level measurement (meters) ............ 10 ....................................... 10 ....................................... 10. 

TABLE 6—LEVEL A HARASSMENT ZONE ISOPLETHS

PTS Isopleth (meters) 

Source type Low-frequency 

cetaceans 

Mid-frequency 

cetaceans 

Highfrequency 

cetaceans 

Phocid 

pinnipeds 

Otariid 

pinnipeds 

USER SPREADSHEET OUTPUT 

14-inch timber ...................................................................... 8.5 0.8 12.5 5.2 0.4 

Sheet pile ............................................................................. 34.4 3 50.9 20.9 1.5 

H-pile .................................................................................... 2.6 0.2 3.9 1.6 0.1 

Marine Mammal Occurrence 

In this section we provide the 

information about the presence, density, 

or group dynamics of marine mammals 

that will inform the take calculations. 

There is little abundance or density 

data available for marine mammal 

species that are likely to occur within 

Grays Harbor and which could 

potentially be found in the Chehalis 

River near the project site. In most 

cases, WSDOT relied on density data 

from the U.S. Navy Marine Species 

Density Database (NMSDD) (U.S. Navy 

2015). NMFS concurs that this, and the 

exceptions described below, represent 

the best available data for use here. 

Harbor Seal 

While the NMSDD (U.S. Navy 2015) 

estimates the density of harbor seals in 

the waters offshore of Grays Harbor as 

0.279 animals per square kilometer, 

WSDOT relied on a study which 

identified 44 harbor seal haul-outs in 

Grays Harbor and provided very rough 

estimates of the number of seals at each 

site. Twenty-seven haul-outs had less 

than 100 animals; 16 haul-outs had 100– 

500 animals; and 2 haul outs were 

reported to support over 500 animals 

(Jeffries et al. 2000). These data likely 

represent the best estimate of harbor 

seal numbers in Grays Harbor. Using 

median numbers of each haul-out 

estimate range resulted in an estimated 

7,150 harbor seals in Grays Harbor. The 

area of the estuary during mean higher 

high water (243 km2) was used to derive 

a density estimate of 29.4 harbor seals 

per square kilometer. 

California Sea Lion 

Only 10 California sea lion strandings 

have been documented between 2006 

and 2015 (NMFS 2016c), and no haulouts have been identified. Therefore, it 

is expected that the density of California 

sea lions in Grays Harbor is low. The 

NMSDD (U.S. Navy 2015) estimates the 

density of California sea lions in the 

waters offshore of Grays Harbor as 

ranging from 0.020 to 0.033 animals per 

square kilometer in summer and fall. 

The higher estimate is used as a 

surrogate for Grays Harbor. 

Steller Sea Lion 

According to the NMFS National 

Stranding Database, there were four 

confirmed Steller sea lion strandings in 

Grays Harbor between 2006 and 2015 

(NMFS 2016c) and no haul-outs have 

been identified in Grays Harbor. The 

NMSDD (U.S. Navy 2015) estimates the 

density of Steller sea lions in the waters 

offshore of Grays Harbor as 0.0145 

animals per square kilometer. This 

estimate is used as a surrogate for Grays 

Harbor. 

Gray Whale 

Between 1998 and 2010, gray whale 

numbers peaked in spring and fall in a 

study area that included waters inside 

Grays Harbor and coastal waters along 

the south Washington coast 

(Calambokidis, et al. 2012). However, no 

density estimates are available for Grays 

Harbor. The NMSDD (U.S. Navy 2015) 

estimates the density of gray whales in 

nearshore waters near Grays Harbor as 

0.00045 animal per square kilometer in 

summer and fall. This density is used 

for Grays Harbor. 

Harbor Porpoise 

The NMSDD (U.S. Navy 2015) 

estimates the density of harbor 

porpoises in the waters offshore of 

Grays Harbor as a range between 0.69 

and 1.67 animals per square kilometer. 

According to Evenson et al. (2016), the 

maximum harbor porpoise density in 

the Strait of Juan de Fuca 

(approximately 105 miles north of Grays 

Harbor) in 2014 was 0.768 animals per 

square kilometer. The higher density 

estimate for waters offshore of Grays 

Harbor (1.67) is used to estimate take. 

Take Calculation and Estimation 

Here we describe how the information 

provided above is brought together to 

produce a quantitative take estimate. 

No Level A harassment take is likely 

because of the small injury zones and 

relatively low average animal density in 

the area. Since the largest Level A 

harassment distance is only 50.9 m from 

the source for high-frequency cetaceans 

(harbor porpoise), NMFS considers that 

WSDOT can effectively monitor such 

small zones to implement shutdown 

measures and avoid Level A harassment 

takes. Therefore, no Level A harassment 

take of marine mammal is authorized. 

NMFS used an estimated harbor seal 

density of 29.4 animals/km2 in the US 

101/Chehalis River Bridge-Scour Repair 

Project area to estimate the following 

number of Level B harassment 

exposures that may occur: 

• 14-inch timber pile removal: 29.4. 

animals/km2 * 0.93 km2 * 2 days = 

54.68 

• Sheet pile installation: 29.4 animals/ 

km2 * 2.04 km2 * 2 days = 119.95 

• H-pile installation and removal: 29.4 

animals/km2 * 0.67 km2 * 2 days = 

39.39 

Based on the sum of the equations 

above, NMFS authorizes 214 takes of 

harbor seals by Level B harassment. 

NMFS inserted the California sea lion 

density of 0.033 animals/km2 into the 

same equation used above for harbor 

seals to estimate Level B harassment 

exposures. Based on the sum of the 

equations, an estimated 0.24 California 

sea lions would be taken by Level B 

harassment. Due to this low value, 

NMFS conservatively authorizes the 

take of two California sea lions each day 

of in-water activities, resulting in 12 

takes by Level B harassment. 


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NMFS estimated take of Steller sea 

lions by inserting a density of 0.0145 

animals/km2 into the same equation 

used above for harbor seals resulting in 

0.10 takes of sea lions. Given the low 

value, NMFS conservatively authorizes 

the take of two Steller sea lions during 

each day of in-water activities, resulting 

in 12 takes by Level B harassment. 

NMFS used the same equation that 

was used for harbor seals to estimate 

take for gray whales by inserting a 

density value of 0.00045 animals/km2. 

Since this resulted in a value less than 

one, NMFS authorizes Level B 

harassment take of two gray whales per 

day based on average group size. 

For the proposed IHA, a density value 

of 1.67 animal/km2 for harbor porpoises 

was plugged into the harbor seal 

equation to arrive at an estimated 2 

harbor porpoise takes per day for a total 

of 12. 

Table 7 shows total number of 

authorized Level B harassment takes 

and take as a percentage of population 

for each of the species. 

TABLE 7—TAKE ESTIMATES AS A PERCENTAGE OF STOCK ABUNDANCE

Species 

Authorized 

take by 

Level B 

harassment 

% population 

Harbor seal .............................................................................................................................................................. 214 1.9 

California sea lion .................................................................................................................................................... 12 <0.01 

Steller sea lion ......................................................................................................................................................... 12 <0.01 

Gray whale ............................................................................................................................................................... 2 <0.01 

Harbor porpoise ....................................................................................................................................................... 12 <0.01 

Mitigation Measures 

In order to issue an IHA under 

Section 101(a)(5)(D) of the MMPA, 

NMFS must set forth the permissible 

methods of taking pursuant to such 

activity, and other means of effecting 

the least practicable impact on such 

species or stock and its habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance, and on the availability of 

such species or stock for taking for 

certain subsistence uses (latter not 

applicable for this action). NMFS 

regulations require applicants for 

incidental take authorizations to include 

information about the availability and 

feasibility (economic and technological) 

of equipment, methods, and manner of 

conducting such activity or other means 

of effecting the least practicable adverse 

impact upon the affected species or 

stocks and their habitat (50 CFR 

216.104(a)(11)). 

In evaluating how mitigation may or 

may not be appropriate to ensure the 

least practicable adverse impact on 

species or stocks and their habitat, as 

well as subsistence uses where 

applicable, we carefully consider two 

primary factors: 

(1) The manner in which, and the 

degree to which, the successful 

implementation of the measure(s) is 

expected to reduce impacts to marine 

mammals, marine mammal species or 

stocks, and their habitat. This considers 

the nature of the potential adverse 

impact being mitigated (likelihood, 

scope, range). It further considers the 

likelihood that the measure will be 

effective if implemented (probability of 

accomplishing the mitigating result if 

implemented as planned) the likelihood 

of effective implementation (probability 

implemented as planned), and; 

(2) the practicability of the measures 

for applicant implementation, which 

may consider such things as cost, 

impact on operations, and, in the case 

of a military readiness activity, 

personnel safety, practicality of 

implementation, and impact on the 

effectiveness of the military readiness 

activity. 

Mitigation for Marine Mammals and 

Their Habitat 

Temporal and Seasonal Restrictions— 

Timing restrictions would be used to 

avoid in-water work when ESA-listed 

salmonids are most likely to be present. 

The combined work window for inwater work for the U.S. 101/Chehalis 

River Bridge–Scour Project is July 15 

through February 15. Furthermore, work 

may only occur during daylight hours, 

when visual monitoring of marine 

mammals can be effectively conducted. 

Establishment of Shutdown Zone— 

For all pile driving activities, WSDOT 

will establish a shutdown zone. The 

purpose of a shutdown zone is generally 

to define an area within which 

shutdown of activity would occur upon 

sighting of a marine mammal (or in 

anticipation of an animal entering the 

defined area). In this case, shutdown 

zones are intended to contain areas in 

which sound pressure levels (SPLs) 

equal or exceed acoustic injury criteria 

for authorized species. If a marine 

mammal is observed at or within the 

shutdown zone, work must shut down 

(stop work) until the individual has 

been observed outside of the zone, or 

has not been observed for at least 15 

minutes for all marine mammals. A 

determination that the shutdown zone is 

clear must be made during a period of 

good visibility (i.e., the entire shutdown 

zone and surrounding waters must be 

visible to the naked eye). If a marine 

mammal approaches or enters the 

shutdown zone during activities or preactivity monitoring, all pile driving and 

removal activities at that location must 

be halted or delayed, respectively. If 

pile driving or removal is halted or 

delayed due to the presence of a marine 

mammal, the activity may not resume or 

commence until either the animal has 

voluntarily left and been visually 

confirmed beyond the shutdown zone or 

15 minutes have passed without redetection of the animal. Pile driving and 

removal activities include the time to 

install or remove a single pile or series 

of piles, as long as the time elapsed 

between uses of the pile driving 

equipment is no more than thirty 

minutes. Shutdown zone sizes are 

shown in Table 8. Note that NMFS has 

increased the shutdown zone described 

in the Federal Register notice for 

proposed IHA for high-frequency 

cetaceans from 50 m to 55 m as well as 

the shutdown zone for phocid 

pinnipeds from 20 m to 25 m during 

sheet pile installation. In this notice of 

issuance, NMFS has elected to round up 

to these higher values instead of 

rounding down as was done in the 

proposed notice. 


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TABLE 8—SHUTDOWN ZONES FOR VARIOUS PILE DRIVING ACTIVITIES AND MARINE MAMMAL HEARING GROUPS (METERS) 

Source type Low-frequency 

cetaceans 

Highfrequency 

cetaceans 

Phocid 

pinnipeds 

Otariid 

pinnipeds 

14-inch timber removal .................................................................................... 10 15 10 10 

Sheet pile installation ....................................................................................... 35 55 25 10 

H-pile installation and removal ........................................................................ 10 10 10 10 

For in-water heavy machinery 

activities other than pile driving, if a 

marine mammal comes within 10 m, 

operations must cease and vessels must 

reduce speed to the minimum level 

required to maintain steerage and safe 

working conditions. WSDOT must also 

implement shutdown measures if the 

cumulative total number of individuals 

observed within the Level B harassment 

monitoring zones for any particular 

species reaches the number authorized 

under the IHA and if such marine 

mammals are sighted within the vicinity 

of the project area and are approaching 

the Level B Harassment/Monitoring 

Zone during in-water construction 

activities. 

Establishment of Level B Harassment/ 

Monitoring Zones—WSDOT must 

identify and establish Level B 

harassment zones which are areas where 

SPLs equal or exceed 120 dB rms. 

Observation of monitoring zones 

enables observers to be aware of and 

communicate the presence of marine 

mammals in the project area and outside 

the shutdown zone and thus prepare for 

potential shutdowns of activity. 

Monitoring zones are also used to 

document instances of Level B 

harassment. Monitoring zone isopleths 

are shown in Table 4. 

Pre-Activity Monitoring—Prior to the 

start of daily in-water construction 

activity, or whenever a break in pile 

driving of 30 minutes or longer occurs, 

the observer shall observe the shutdown 

and monitoring zones for a period of 30 

minutes. The shutdown zone shall be 

cleared when a marine mammal has not 

been observed within the zone for that 

30-minute period. When a marine 

mammal permitted for Level B 

harassment take is present in the Level 

B harassment zone, piling activities may 

begin and Level B harassment take shall 

be recorded. As stated above, if the 

entire Level B harassment zone is not 

visible at the start of construction, piling 

driving activities can begin. If work 

ceases for more than 30 minutes, the 

pre-activity monitoring of both the Level 

B harassment and shutdown zone shall 

commence. 

Non-Authorized Take Prohibited—If a 

species enters or approaches the Level 

B harassment zone and that species is 

not authorized for take or a species for 

which authorization has been granted 

but the authorized takes have been met, 

pile driving and removal activities must 

shut down immediately. Activities must 

not resume until the animal has been 

confirmed to have left the area or an 

observation time period of 15 minutes 

has elapsed. 

Based on our evaluation of the 

applicant’s mitigation measures, NMFS 

has determined that the required 

mitigation measures provide the means 

effecting the least practicable impact on 

the affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance 

Monitoring and Reporting 

In order to issue an IHA for an 

activity, Section 101(a)(5)(D) of the 

MMPA states that NMFS must set forth, 

requirements pertaining to the 

monitoring and reporting of such taking. 

The MMPA implementing regulations at 

50 CFR 216.104 (a)(13) indicate that 

requests for authorizations must include 

the suggested means of accomplishing 

the necessary monitoring and reporting 

that will result in increased knowledge 

of the species and of the level of taking 

or impacts on populations of marine 

mammals that are expected to be 

present in the action area. Effective 

reporting is critical both to compliance 

as well as ensuring that the most value 

is obtained from the required 

monitoring. 

Monitoring and reporting 

requirements prescribed by NMFS 

should contribute to improved 

understanding of one or more of the 

following: 

• Occurrence of marine mammal 

species or stocks in the area in which 

take is anticipated (e.g., presence, 

abundance, distribution, density); 

• Nature, scope, or context of likely 

marine mammal exposure to potential 

stressors/impacts (individual or 

cumulative, acute or chronic), through 

better understanding of: (1) Action or 

environment (e.g., source 

characterization, propagation, ambient 

noise); (2) affected species (e.g., life 

history, dive patterns); (3) co-occurrence 

of marine mammal species with the 

action; or (4) biological or behavioral 

context of exposure (e.g., age, calving or 

feeding areas); 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors; 

• How anticipated responses to 

stressors impact either: (1) Long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks; 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat); and 

• Mitigation and monitoring 

effectiveness. 

Visual Monitoring 

WSDOT shall employ NMFSapproved protected species observers 

(PSOs) to conduct marine mammal 

monitoring for its US 101/Chehalis 

River Bridge-Scour Repair Project. The 

purposes of marine mammal monitoring 

are to implement mitigation measures 

and learn more about impacts to marine 

mammals from WSDOT’s construction 

activities. The PSOs will observe and 

collect data on marine mammals in and 

around the project area for 30 minutes 

before, during, and for 30 minutes after 

all pile removal and pile installation 

work. NMFS-approved PSOs shall meet 

the following requirements: 

1. Independent observers (i.e., not 

construction personnel) are required; 

2. At least one observer must have 

prior experience working as an observer; 

3. Other observers may substitute 

education (undergraduate degree in 

biological science or related field) or 

training for experience; 

4. Where a team of three or more 

observers are required, one observer 

should be designated as lead observer or 

monitoring coordinator. The lead 

observer must have prior experience 

working as an observer; and 

5. NMFS will require submission and 

approval of observer CVs; 

WSDOT must ensure that observers 

have the following additional 

qualifications: 


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1. Ability to conduct field 

observations and collect data according 

to assigned protocols; 

2. Experience or training in the field 

identification of marine mammals, 

including the identification of 

behaviors; 

3. Sufficient training, orientation, or 

experience with the construction 

operation to provide for personal safety 

during observations; 

4. Writing skills sufficient to prepare 

a report of observations including but 

not limited to the number and species 

of marine mammals observed; dates and 

times when in-water construction 

activities were conducted; dates, times, 

and reason for implementation of 

mitigation (or why mitigation was not 

implemented when required); and 

marine mammal behavior; and 

5. Ability to communicate orally, by 

radio or in person, with project 

personnel to provide real-time 

information on marine mammals 

observed in the area as necessary. 

Monitoring of marine mammals 

around the construction site shall be 

conducted using high-quality binoculars 

(e.g., Zeiss, 10 x 42 power). Due to the 

different sizes of monitoring zones from 

different pile types, separate zones and 

monitoring protocols corresponding to 

each specific pile type will be 

established. 

For vibratory pile driving of sheet 

piles, a total of four land-based PSOs 

will monitor the shutdown and Level B 

harassment zones. For vibratory pile 

driving and pile removal of H piles and 

timber piles, a total of three land-based 

PSOs will monitor the shutdown and 

Level B harassment zones. 

Reporting Measures 

WSDOT is required to submit a draft 

monitoring report within 90 days after 

completion of the construction work or 

the expiration of the IHA, whichever 

comes earlier. This report will detail the 

monitoring protocol, summarize the 

data recorded during monitoring, and 

estimate the number of marine 

mammals that may have been harassed. 

NMFS will have an opportunity to 

provide comments on the report, and if 

NMFS has comments, WSDOT will 

address the comments and submit a 

final report to NMFS within 30 days. 

Reports shall contain, at minimum, the 

following: 

• Date and time that monitored 

activity begins and ends for each day 

conducted (monitoring period); 

• Construction activities occurring 

during each daily observation period, 

including how many and what type of 

piles driven; 

• Deviation from initial proposal in 

pile numbers, pile types, average 

driving times, etc. 

• Weather parameters in each 

monitoring period (e.g., wind speed, 

percent cloud cover, visibility); 

• Water conditions in each 

monitoring period (e.g., sea state, tide 

state); 

• For each marine mammal sighting: 

Æ Species, numbers, and, if possible, 

sex and age class of marine mammals; 

Æ Description of any observable 

marine mammal behavior patterns, 

including bearing and direction of travel 

and distance from pile driving activity; 

Æ Location and distance from pile 

driving activities to marine mammals 

and distance from the marine mammals 

to the observation point; and 

Æ Estimated amount of time that the 

animals remained in the Level B 

harassment zone; 

• Description of implementation of 

mitigation measures within each 

monitoring period (e.g., shutdown or 

delay); 

• Other human activity in the area 

within each monitoring period; and 

• A summary of the following: 

Æ Total number of individuals of each 

species detected within the Level B 

harassment zone; 

Æ Total number of individuals of each 

species detected within the shutdown 

zone and the average amount of time 

that they remained in that zone; and 

Æ Daily average number of 

individuals of each species 

(differentiated by month as appropriate) 

detected within the Level B harassment 

zone. 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

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 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

recruitment or survival (i.e., populationlevel effects). An estimate of the number 

of takes alone is not enough information 

on which to base an impact 

determination. In addition to 

considering estimates of the number of 

marine mammals that might be ‘‘taken’’ 

through harassment, NMFS considers 

other factors, such as the likely nature 

of any responses (e.g., intensity, 

duration), the context of any responses 

(e.g., critical reproductive time or 

location, migration), as well as effects 

on habitat, and the likely effectiveness 

of the mitigation. We also assess the 

number, intensity, and context of 

estimated takes by evaluating this 

information relative to population 

status. Consistent with the 1989 

preamble for NMFS’s implementing 

regulations (54 FR 40338; September 29, 

1989), the impacts from other past and 

ongoing anthropogenic activities are 

incorporated into this analysis via their 

impacts on the environmental baseline 

(e.g., as reflected in the regulatory status 

of the species, population size and 

growth rate where known, ongoing 

sources of human-caused mortality, or 

ambient noise levels). 

NMFS has identified key qualitative 

and quantitative factors which may be 

employed to assess the level of analysis 

necessary to conclude whether potential 

impacts associated with a specified 

activity should be considered negligible. 

These include (but are not limited to) 

the type and magnitude of taking, the 

amount and importance of the available 

habitat for the species or stock that is 

affected, the duration of the anticipated 

effect to the species or stock, and the 

status of the species or stock. When an 

evaluation of key factors shows that the 

anticipated impacts of the specified 

activity would clearly result in no 

greater than a negligible impact on all 

affected species or stocks, additional 

evaluation is not required. In this case, 

the following factors are in place for all 

affected species or stocks: 

• No takes by Level A harassment are 

anticipated or authorized; 

• Takes by Level B harassment 

constitute less than 5 percent of the best 

available abundance estimates for all 

stocks; 

• Take would not occur in places 

and/or times where take would be more 

likely to accrue to impacts on 

reproduction or survival, such as within 

ESA-designated or proposed critical 

habitat, biologically important areas 

(BIA), or other habitats critical to 

recruitment or survival (e.g., rookery); 

• Take would occur over a short 

timeframe (less than 30 days of active 

pile driving required during the IHA 

effective period); 

• Take would occur over < 25 percent 

of species/stock range; and 

• Stock is not known to be declining 

or suffering from known contributors to 

decline (e.g., unusual mortality event 

(UME), oil spill effects). 

Based on these factors, and taking into 

consideration the implementation of the 

prescribed monitoring and mitigation 

measures, NMFS finds that the total take 

from the planned activity will have a 

negligible impact on all affected marine 

mammal species or stocks. 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Notices 64541 

Small Numbers 

As noted above, only small numbers 

of incidental take may be authorized 

under Sections 101(a)(5)(A) and (D) of 

the MMPA for specified activities other 

than military readiness activities. The 

MMPA does not define small numbers 

and so, in practice, where estimated 

numbers are available, NMFS compares 

the number of individuals taken to the 

most appropriate estimation of 

abundance of the relevant species or 

stock in our determination of whether 

an authorization is limited to small 

numbers of marine mammals. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. 

NMFS has estimated that take for all 

species authorized is less than two 

percent of their respective stock 

abundance (Table 7). Based on the 

analysis contained herein of the 

planned activity (including the required 

mitigation and monitoring measures) 

and the anticipated take of marine 

mammals, NMFS finds that small 

numbers of marine mammals will be 

taken relative to the population size of 

the affected species or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

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 

incidental harassment authorization) 

with respect to potential impacts on the 

human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (incidental 

harassment authorizations with no 

anticipated serious injury or mortality) 

of the Companion Manual for NOAA 

Administrative Order 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. 

Endangered Species Act (ESA) 

No incidental take of ESA-listed 

species is authorized or expected to 

result from this activity. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

Authorization 

NMFS has issued an IHA to WSDOT 

for the incidental take of marine 

mammals due to in-water construction 

work associated with the US 101/ 

Chehalis River Bridge-Scour Repair 

Project for a period of one year, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Dated: December 11, 2018. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2018–27199 Filed 12–14–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG628 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Railroad 

Dock Dolphin Installation Project, 

Skagway, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments on proposed authorization 

and possible renewal. 

SUMMARY: NMFS has received a request 

from White Pass & Yukon Route 

(WP&YR) for authorization to take 

marine mammals incidental to the 

Railroad Dock dolphin installation 

project in Skagway, Alaska. Pursuant to 

the Marine Mammal Protection Act 

(MMPA), NMFS is requesting comments 

on its proposal to issue an incidental 

harassment authorization (IHA) to 

incidentally take marine mammals 

during the specified activities. NMFS is 

also requesting comments on a possible 

one-year renewal that could be issued 

under certain circumstances and if all 

requirements are met, as described in 

Request for Public Comments at the end 

of this notice. NMFS will consider 

public comments prior to making any 

final decision on the issuance of the 

requested MMPA authorizations and 

agency responses will be summarized in 

the final notice of our decision. 

DATES: Comments and information must 

be received no later than January 16, 

2019. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. Physical 

comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910 

and electronic comments should be sent 

to ITP.Piniak@noaa.gov. 

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 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-take-authorizationsconstruction-activities 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: 

Wendy Piniak, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the application and 

supporting documents, as well as a list 

of the references cited in this document, 

may be obtained online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing 

these documents, please call the contact 

listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the 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 


amozie on DSK3GDR082PROD with NOTICES1