Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Notices 72739 

Assessment Workshop, and (2) a series 

of webinars. The product of the Data/ 

Assessment Workshop is a report which 

compiles and evaluates potential 

datasets and recommends which 

datasets are appropriate for assessment 

analyses, and describes the fisheries, 

evaluates the status of the stock, 

estimates biological benchmarks, 

projects future population conditions, 

and recommends research and 

monitoring needs. Participants for 

SEDAR Workshops are appointed by the 

Gulf of Mexico, South Atlantic, and 

Caribbean Fishery Management 

Councils and NOAA Fisheries Southeast 

Regional Office, HMS Management 

Division, and Southeast Fisheries 

Science Center. Participants include 

data collectors and database managers; 

stock assessment scientists, biologists, 

and researchers; constituency 

representatives including fishermen, 

environmentalists, and NGO’s; 

International experts; and staff of 

Councils, Commissions, and state and 

federal agencies. 

The items of discussion in the Review 

Workshop are as follows: 

Participants will evaluate the stock id, 

data, and assessment reports, as 

specified in the Terms of Reference for 

the workshop and determine if they are 

scientifically sound. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during these meetings. Action 

will be restricted to those issues 

specifically identified in this notice and 

any issues arising after publication of 

this notice that require emergency 

action under section 305(c) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the intent to take final action to address 

the emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to the Council office 

(see ADDRESSES) at least 5 business days 

prior to each workshop. 

Note: The times and sequence 

specified in this agenda are subject to 

change. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: October 18, 2023. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–23343 Filed 10–20–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD468] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. Issuance of letter of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, its implementing 

regulations, and NMFS’ MMPA 

Regulations for Taking Marine 

Mammals Incidental to Geophysical 

Surveys Related to Oil and Gas 

Activities in the Gulf of Mexico, 

notification is hereby given that a Letter 

of Authorization (LOA) has been issued 

to WesternGeco for the take of marine 

mammals incidental to geophysical 

survey activity in the Gulf of Mexico. 

DATES: The LOA is effective from 

October 17, 2023 through April 30, 

2024. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: https://www.fisheries.

noaa.gov/action/incidental-takeauthorization-oil-and-gas-industrygeophysical-survey-activity-gulf-mexico. 

In case of problems accessing these 

documents, please call the contact listed 

below (see FOR FURTHER INFORMATION

CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Jenna Harlacher, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

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

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce 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. 

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). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in U.S. waters of the Gulf of 

Mexico (GOM) over the course of 5 

years (86 FR 5322, January 19, 2021). 

The rule was based on our findings that 

the total taking from the specified 

activities over the 5-year period will 

have a negligible impact on the affected 

species or stock(s) of marine mammals 

and will not have an unmitigable 

adverse impact on the availability of 

those species or stocks for subsistence 

uses. The rule became effective on April 

19, 2021. 

Our regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of effecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 

§ 217.186 (e), issuance of an LOA shall 

be based on a determination that the 

level of taking will be consistent with 

the findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 


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72740 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Notices 

1For purposes of acoustic exposure modeling, the 

GOM was divided into seven zones. Zone 1 is not 

included in the geographic scope of the rule. 

2For purposes of acoustic exposure modeling, 

seasons include winter (December–March) and 

summer (April–November). 

authorized under the LOA is of no more 

than small numbers. 

Summary of Request and Analysis 

WesternGeco plans to conduct a 

three-dimensional (3D) ocean bottom 

node (OBN) survey in the Green Canyon 

and Walker Ridge protraction areas, 

including approximately 795 lease 

blocks. Approximate water depths of the 

survey area range from 1,000 to 3,000 

meters (m). See section F of the LOA 

application for a map of the area. 

WesternGeco anticipates using two 

source vessels, towing low-frequency 

airgun sources known as Gemini (also 

referred to as a dual barbell source) or 

conventional airgun sources consisting 

of 28 elements, with a total volume of 

5,240 cubic inches (in3). Please see 

WesternGeco’s application for 

additional detail. 

The Gemini source was not included 

in the acoustic exposure modeling 

developed in support of the rule. 

However, our rule anticipated the 

possibility of new and unusual 

technologies (NUT) and determined 

they would be evaluated on a case-by 

case basis (86 FR 5322, 5442, January 

19, 2021). This source was previously 

evaluated as a NUT in 2020 (prior to 

issuance of the 2021 final rule) pursuant 

to the requirements of NMFS’ 2020 

Biological Opinion on BOEM’s Gulf of 

Mexico oil and gas program as well as 

the issuance of the rule. An associated 

report produced by Jasco Applied 

Sciences (Grooms et al., 2019) provides 

information related to the acoustic 

output of the Gemini source, which 

informs our evaluation here. 

The Gemini source operates on the 

same basic principles as a traditional 

airgun source in that it uses compressed 

air to create a bubble in the water 

column which then goes through a 

series of collapses and expansions 

creating primarily low-frequency 

sounds. However, the Gemini source 

consists of one physical element with 

two large chambers of 4,000 (in3) each 

(total volume of 8,000 in3). This creates 

a larger bubble resulting in more of the 

energy being concentrated in low 

frequencies, with a fundamental 

frequency of 3.7 Hertz. In addition to 

concentrating energy at lower 

frequencies, the Gemini source is 

expected to produce lower overall 

sound levels than the conventional 

airgun proxy source. The number of 

airguns in an array is highly influential 

on overall sound energy output, because 

the output increases approximately 

linearly with the number of airgun 

elements. In this case, because the same 

air volume is used to operate two very 

large guns, rather than tens of smaller 

guns, the array produces lower sound 

levels than a conventional array of 

equivalent total volume. 

The modeled distances described in 

the aforementioned Jasco report show 

expected per-pulse sound pressure level 

threshold distances to the 160-dB level 

of 4.29 kilometers (km). When 

frequency-weighted, i.e., considering 

the low frequency output of the source 

relative to the hearing sensitivities of 

different marine mammal hearing 

groups, the estimated distance is 

decreased to approximately 1 km for the 

low-frequency cetacean hearing group 

and to de minimis levels for mid- and 

high-frequency cetacean hearing groups, 

significantly less than comparable 

modeled distances for the proxy 72- 

element, 8,000 in3 array evaluated in the 

rule. 

These factors lead to a conclusion that 

take by Level B harassment associated 

with use of the Gemini source would be 

less than would occur for a similar 

survey instead using the modeled airgun 

array as a sound source. Based on the 

foregoing, we have determined there 

will be no effects of a magnitude or 

intensity different from those evaluated 

in support of the rule. Moreover, use of 

modeling results relating to use of the 

72 element, 8,000 in3 airgun array are 

expected to be significantly conservative 

as a proxy for use in evaluating 

potential impacts of use of the Gemini 

source. 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

WesternGeco in its LOA request was 

used to develop LOA-specific take 

estimates based on the acoustic 

exposure modeling results described in 

the preamble (86 FR 5398, January 19, 

2021). In order to generate the 

appropriate take numbers for 

authorization, the following information 

was considered: (1) survey type; (2) 

location (by modeling zone 1); (3) 

number of days; and (4) season.2 The 

acoustic exposure modeling performed 

in support of the rule provides 24-hour 

exposure estimates for each species, 

specific to each modeled survey type in 

each zone and season. 

No 3D OBN surveys were included in 

the modeled survey types, and use of 

existing proxies (i.e., two-dimensional 

(2D), 3D narrow-azimuth (NAZ), 3D 

wide-azimuth (WAZ), Coil) is generally 

conservative for use in evaluation of 3D 

OBN survey effort, largely due to the 

greater area covered by the modeled 

proxies. Summary descriptions of these 

modeled survey geometries are available 

in the preamble to the proposed rule (83 

FR 29220, June 22, 2018). Coil was 

selected as the best available proxy 

survey type in this case because the 

spatial coverage of the planned survey 

is most similar to the coil survey 

pattern. 

The planned 3D OBN survey will 

involve two source vessels sailing along 

survey lines averaging 83 km in length. 

The coil survey pattern was assumed to 

cover approximately 144 kilometers 

squared (km2) per day (compared with 

approximately 795 km2, 199 km2, and 

845 km2 per day for the 2D, 3D NAZ, 

and 3D WAZ survey patterns, 

respectively). Among the different 

parameters of the modeled survey 

patterns (e.g., area covered, line spacing, 

number of sources, shot interval, total 

simulated pulses), NMFS considers area 

covered per day to be most influential 

on daily modeled exposures exceeding 

Level B harassment criteria. Although 

WesternGeco is not proposing to 

perform a survey using the coil 

geometry, its planned 3D OBN survey is 

expected to cover approximately 99.6 

km2 per day, meaning that the coil 

proxy is most representative of the effort 

planned by WesternGeco in terms of 

predicted Level B harassment 

exposures. In addition, all available 

acoustic exposure modeling results 

assume use of a 72-element, 8,000 in3

array. Thus, as discussed above, 

estimated take numbers for this LOA are 

considered conservative due to 

differences between the acoustic source 

planned for use (Gemini or 28 element, 

5,240 in3 airgun array) and the proxy 

array modeled for the rule. 

The survey will take place over 

approximately 85 days, including 65 

days of sound source operation. The 

survey plan includes approximately half 

the days within Zone 5 and half the 

days within Zone 7. We modeled 33 

days in each zone for take estimates. 

The seasonal distribution of survey days 

is not known in advance. Therefore, the 

take estimates for each species are based 

on the season that produces the greater 

value. 

For some species, take estimates 

based solely on the modeling yielded 

results that are not realistically likely to 

occur when considered in light of other 

relevant information available during 

the rulemaking process regarding 

marine mammal occurrence in the 

GOM. The approach used in the 

acoustic exposure modeling, in which 

seven modeling zones were defined over 

the U.S. GOM, necessarily averages finescale information about marine mammal 

distribution over the large area of each 


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3The final rule refers to the GOM Bryde’s whale 

(Balaenoptera edeni). These whales were 

subsequently described as a new species, Rice’s 

whale (Balaenoptera ricei) (Rosel et al., 2021). 

4However, note that these species have been 

observed over a greater range of water depths in the 

GOM than have killer whales. 

modeling zone. This can result in 

unrealistic projections regarding the 

likelihood of encountering particularly 

rare species and/or species not expected 

to occur outside particular habitats. 

Thus, although the modeling conducted 

for the rule is a natural starting point for 

estimating take, our rule acknowledged 

that other information could be 

considered (e.g., 86 FR 5322, January 19, 

2021), discussing the need to provide 

flexibility and make efficient use of 

previous public and agency review of 

other information and identifying that 

additional public review is not 

necessary unless the model or inputs 

used differ substantively from those that 

were previously reviewed by NMFS and 

the public). For this survey, NMFS has 

other relevant information reviewed 

during the rulemaking that indicates use 

of the acoustic exposure modeling to 

generate a take estimate for Rice’s 

whales and killer whales produces 

results inconsistent with what is known 

regarding their occurrence in the GOM. 

Accordingly, we have adjusted the 

calculated take estimates for those 

species as described below. 

NMFS’ final rule described a ‘‘core 

habitat area’’ for Rice’s whales (formerly 

known as GOM Bryde’s whales) 3

located in the northeastern GOM in 

waters between 100 and 400 m depth 

along the continental shelf break (Rosel 

et al., 2016). However, whaling records 

suggest that Rice’s whales historically 

had a broader distribution within 

similar habitat parameters throughout 

the GOM (Reeves et al., 2011; Rosel and 

Wilcox, 2014). In addition, habitatbased density modeling identified 

similar habitat (i.e., approximately 100– 

400 m water depths along the 

continental shelf break) as being 

potential Rice’s whale habitat (Roberts 

et al., 2016), although the core habitat 

area contained approximately 92 

percent of the predicted abundance of 

Rice’s whales. See discussion provided 

at, e.g., 83 FR 29228, June 22, 2018; 83 

FR 29280, June 22, 2018; 86 FR 5418, 

January 19, 2021. 

Although Rice’s whales may occur 

outside of the core habitat area, we 

expect that any such occurrence would 

be limited to the narrow band of 

suitable habitat described above (i.e., 

100–400 m) and that, based on the few 

available records, these occurrences 

would be rare. WesternGeco’s planned 

activities will occur in water depths of 

approximately 1,000–3,000 m in the 

central GOM. Thus, NMFS does not 

expect there to be the reasonable 

potential for take of Rice’s whale in 

association with this survey and, 

accordingly, does not authorize take of 

Rice’s whale through the LOA. 

Killer whales are the most rarely 

encountered species in the GOM, 

typically in deep waters of the central 

GOM (Roberts et al., 2015; Maze-Foley 

and Mullin, 2006). As discussed in the 

final rule, the density models produced 

by Roberts et al. (2016) provide the best 

available scientific information 

regarding predicted density patterns of 

cetaceans in the U.S. GOM. The 

predictions represent the output of 

models derived from multi-year 

observations and associated 

environmental parameters that 

incorporate corrections for detection 

bias. However, in the case of killer 

whales, the model is informed by few 

data, as indicated by the coefficient of 

variation associated with the abundance 

predicted by the model (0.41, the 

second-highest of any GOM species 

model; Roberts et al., 2016). The 

model’s authors noted the expected 

non-uniform distribution of this rarelyencountered species (as discussed 

above) and expressed that, due to the 

limited data available to inform the 

model, it ‘‘should be viewed cautiously’’ 

(Roberts et al., 2015). NOAA surveys in 

the GOM from 1992 to 2009 reported 

only 16 sightings of killer whales, with 

an additional 3 encounters during more 

recent survey effort from 2017 to 2018 

(Waring et al., 2013; https://

www.boem.gov/gommapps). Two other 

species were also observed on fewer 

than 20 occasions during the 1992–2009 

NOAA surveys (Fraser’s dolphin and 

false killer whale 4). However, 

observational data collected by 

protected species observers (PSO) on 

industry geophysical survey vessels 

from 2002 to 2015 distinguish the killer 

whale in terms of rarity. During this 

period, killer whales were encountered 

on only 10 occasions, whereas the next 

most rarely encountered species.4

However, note that these species have 

been observed over a greater range of 

water depths in the GOM than have 

killer whales. (Fraser’s dolphin) was 

recorded on 69 occasions (Barkaszi and 

Kelly, 2019). The false killer whale and 

pygmy killer whale were the next most 

rarely encountered species, with 110 

records each. The killer whale was the 

species with the lowest detection 

frequency during each period over 

which PSO data were synthesized 

(2002–2008 and 2009–2015). This 

information qualitatively informed our 

rulemaking process, as discussed at 86 

FR 5322 and 86 FR 5334 (January 19, 

2021), and similarly informs our 

analysis here. 

The rarity of encounter during seismic 

surveys is not likely to be the product 

of high bias on the probability of 

detection. Unlike certain cryptic species 

with high detection bias, such as Kogia 

spp. or beaked whales, or deep-diving 

species with high availability bias, such 

as beaked whales or sperm whales, 

killer whales are typically available for 

detection when present and are easily 

observed. Roberts et al. (2015) stated 

that availability is not a major factor 

affecting detectability of killer whales 

from shipboard surveys, as they are not 

a particularly long-diving species. Baird 

et al. (2005) reported that mean dive 

durations for 41 fish-eating killer whales 

for dives greater than or equal to 1 

minute in duration was 2.3–2.4 minutes, 

and Hooker et al. (2012) reported that 

killer whales spent 78 percent of their 

time at depths between 0 and 10 m. 

Similarly, Kvadsheim et al. (2012) 

reported data from a study of 4 killer 

whales, noting that the whales 

performed 20 times as many dives 1–30 

m in depth than to deeper waters, with 

an average depth during those most 

common dives of approximately 3 m. 

In summary, killer whales are the 

most rarely encountered species in the 

GOM and typically occur only in 

particularly deep water. This survey 

would take place in deep waters that 

would overlap with depths in which 

killer whales typically occur. While this 

information is reflected through the 

density model informing the acoustic 

exposure modeling results, there is 

relatively high uncertainty associated 

with the model for this species, and the 

acoustic exposure modeling applies 

mean distribution data over areas where 

the species is in fact less likely to occur. 

In addition, as noted above in relation 

to the general take estimation 

methodology, the assumed proxy source 

(72-element, 8,000-in3 array) results in a 

significant overestimate of the actual 

potential for take to occur. NMFS’ 

determination in reflection of the 

information discussed above, which 

informed the final rule, is that use of the 

generic acoustic exposure modeling 

results for killer whales will generally 

result in estimated take numbers that 

are inconsistent with the assumptions 

made in the rule regarding expected 

killer whale take (86 FR 5322, January 

19, 2021; 86 FR 5403, January 19, 2021). 

In past authorizations, NMFS has 

often addressed situations involving the 

low likelihood of encountering a rare 

species such as killer whales in the 


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GOM through authorization of take of a 

single group of average size (i.e., 

representing a single potential 

encounter). See 83 FR 63268, December 

7, 2018; 86 FR 29090, May 28, 2021; 85 

FR 55645, September 9, 2020. For the 

reasons expressed above, NMFS 

determined that a single encounter of 

killer whales is more likely than the 

model-generated estimates and has 

authorized take associated with a single 

group encounter (i.e., up to seven 

animals for killer whales). 

Based on the results of our analysis, 

NMFS has determined that the level of 

taking authorized through the LOA is 

consistent with the findings made for 

the total taking allowable under the 

regulations for the affected species or 

stocks of marine mammals. See Table 1 

in this notice and Table 9 of the rule (86 

FR 5322, January 19, 2021). 

Small Numbers Determination 

Under the GOM rule, NMFS may not 

authorize incidental take of marine 

mammals in an LOA if it will exceed 

‘‘small numbers.’’ In short, when an 

acceptable estimate of the individual 

marine mammals taken is available, if 

the estimated number of individual 

animals taken is up to, but not greater 

than, one-third of the best available 

abundance estimate, NMFS will 

determine that the numbers of marine 

mammals taken of a species or stock are 

small. For more information please see 

NMFS’ discussion of the MMPA’s small 

numbers requirement provided in the 

final rule (86 FR 5438, January 19, 

2021). 

The take numbers for authorization 

are determined as described above in 

the Summary of Request and Analysis 

section. Subsequently, the total 

incidents of harassment for each species 

are multiplied by scalar ratios to 

produce a derived product that better 

reflects the number of individuals likely 

to be taken within a survey (as 

compared to the total number of 

instances of take), accounting for the 

likelihood that some individual marine 

mammals may be taken on more than 1 

day (see 86 FR 5404, January 19, 2021). 

The output of this scaling, where 

appropriate, is incorporated into 

adjusted total take estimates that are the 

basis for NMFS’ small numbers 

determinations, as depicted in Table 1. 

This product is used by NMFS in 

making the necessary small numbers 

determinations through comparison 

with the best available abundance 

estimates (see discussion at 86 FR 5322, 

January 19, 2021; 86 FR 5391, January 

19, 2021). For this comparison, NMFS’ 

approach is to use the maximum 

theoretical population, determined 

through review of current stock 

assessment reports (SAR; https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessment-reportsspecies-stock) and model-predicted 

abundance information (https://

seamap.env.duke.edu/models/Duke/ 

GOM/). For the latter, for taxa where a 

density surface model could be 

produced, we use the maximum mean 

seasonal (i.e., 3-month) abundance 

prediction for purposes of comparison 

as a precautionary smoothing of monthto-month fluctuations and in 

consideration of a corresponding lack of 

data in the literature regarding seasonal 

distribution of marine mammals in the 

GOM. Information supporting the small 

numbers determinations is provided in 

Table 1. 

TABLE 1—TAKE ANALYSIS

Species Authorized 

take Scaled take 1 Abundance 2 Percent abundance 

Rice’s whale ..................................................................................................... 0 n/a 51 n/a 

Sperm whale .................................................................................................... 1,043 441 2,207 20.0 

Kogia spp. ........................................................................................................ 3 426 129 4,373 3.5 

Beaked whales ................................................................................................ 5,374 543 3,768 14.4 

Rough-toothed dolphin .................................................................................... 946 271 4,853 5.6 

Bottlenose dolphin ........................................................................................... 3,129 898 176,108 0.5 

Clymene dolphin .............................................................................................. 2,611 749 11,895 6.3 

Atlantic spotted dolphin ................................................................................... 1,247 358 74,785 0.5

Pantropical spotted dolphin ............................................................................. 15,927 4,571 102,361 4.5 

Spinner dolphin ................................................................................................ 2,430 697 25,114 2.8 

Striped dolphin ................................................................................................. 1,117 321 5,229 6.1 

Fraser’s dolphin ............................................................................................... 332 95 1,665 5.7

Risso’s dolphin ................................................................................................. 667 197 3,764 5.2 

Melon-headed whale ....................................................................................... 1,706 503 7,003 7.2 

Pygmy killer whale ........................................................................................... 524 155 2,126 7.3 

False killer whale ............................................................................................. 725 214 3,204 6.7 

Killer whale ...................................................................................................... 7 n/a 267 2.6

Short-finned pilot whale ................................................................................... 391 115 1,981 5.8 

1Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322 and 86 FR 5404 (January 19, 2021) to derive scaled take 

numbers shown here. 2Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to 

be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was 

produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual 

abundance is available. For Rice’s whale and the killer whale, the larger estimated SAR abundance estimate is used. 3 Includes 26 takes by Level A harassment and 400 takes by Level B harassment. Scalar ratio is applied to takes by Level B harassment only; 

small numbers determination made on basis of scaled Level B harassment take plus authorized Level A harassment take. 

Based on the analysis contained 

herein of WesternGeco’s proposed 

survey activity described in its LOA 

application and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals will 

be taken relative to the affected species 

or stock sizes (i.e., less than one-third of 

the best available abundance estimate) 

and therefore the taking is of no more 

than small numbers. 

Authorization 

NMFS has determined that the level 

of taking for this LOA request is 

consistent with the findings made for 

the total taking allowable under the 

incidental take regulations and that the 

amount of take authorized under the 

LOA is of no more than small numbers. 

Accordingly, we have issued an LOA to 

WesternGeco authorizing the take of 


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Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Notices 72743 

marine mammals incidental to its 

geophysical survey activity, as 

described above. 

Dated: October 17, 2023. 

Kim Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–23298 Filed 10–20–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Program Comment Plan for 

Preservation of Pre-1919 Historic Army 

Housing, Associated Buildings and 

Structures, and Landscape Features 

AGENCY: Department of the Army, DoD. 

ACTION: Notice of availability. 

SUMMARY: The Department of the Army 

(Army) is making its Program Comment 

Plan for Preservation of Pre-1919 

Historic Army Housing, Associated 

Buildings and Structures, and 

Landscape Features (Army Program 

Comment Plan) available for public 

review. The Army Program Comment 

Plan is located on the Army’s website: 

https://denix.osd.mil/army-pre1919- 

pchh/. This notice of availability for 

public review of the Army Program 

Comment Plan initiates the Army’s 

public participation requirements for 

the Army’s proposed Program Comment 

for Preservation of Pre-1919 Historic 

Army Housing, Associated Buildings 

and Structures, and Landscape Features 

(Program Comment). 

DATES: Consideration will be given to all 

comments on the Army Program 

Comment Plan that are received within 

30 days following the date of this 

publication. 

ADDRESSES: Written comments 

identified by ‘‘Army Program Comment 

Plan’’ should be submitted to: Office of 

the Assistant Secretary of the Army for 

Installations, Energy and Environment, 

ATTN: DASA–ESOH (Dr. David 

Guldenzopf), 110 Army Pentagon, Room 

3E464, Washington, DC 20310, or by 

email to david.b.guldenzopf.civ@

army.mil. 

FOR FURTHER INFORMATION CONTACT: Dr. 

David Guldenzopf, Department of the 

Army Federal Preservation Officer, (703) 

459–7756, david.b.guldenzopf.civ@

army.mil. 

SUPPLEMENTARY INFORMATION: Program 

Comment Plan for Preservation of Pre1919 Historic Army Housing, 

Associated Buildings and Structures, 

and Landscape Features. 

On 19 September 2023, the 

Department of the Army Federal 

Preservation Officer notified the 

Advisory Council on Historic 

Preservation (ACHP) of the Army’s 

intent to request a Program Comment for 

Preservation of Pre-1919 Historic Army 

Housing, Associated Buildings and 

Structures, and Landscape Features in 

accordance with the National Historic 

Preservation Act (NHPA) 54 U.S.C. 

306108, and 36 CFR 800.14(e). The goal 

of the Program Comment is to provide 

the Army compliance with the National 

Historic Preservation Act (NHPA) 54 

U.S.C. 306108, for the repetitive 

management actions occurring on this 

large inventory of historic properties by 

means of the procedures in 36 CFR 

800.14(e), in lieu of conducting 

individual projects reviews under 36 

CFR 800.3 through 800.7. 

James W. Satterwhite Jr., 

Army Federal Register Liaison Officer. 

[FR Doc. 2023–23342 Filed 10–20–23; 8:45 am] 

BILLING CODE 3711–02–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER24–100–000] 

Adams Solar LLC; Supplemental 

Notice That Initial Market-Based Rate 

Filing Includes Request for Blanket 

Section 204 Authorization 

This is a supplemental notice in the 

above-referenced proceeding of Adams 

Solar LLC’s application for marketbased rate authority, with an 

accompanying rate tariff, noting that 

such application includes a request for 

blanket authorization, under 18 CFR 

part 34, of future issuances of securities 

and assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street NE, Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is November 6, 

2023. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http://

www.ferc.gov. To facilitate electronic 

service, persons with internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

may mail similar pleadings to the 

Federal Energy Regulatory Commission, 

888 First Street NE, Washington, DC 

20426. Hand delivered submissions in 

docketed proceedings should be 

delivered to Health and Human 

Services, 12225 Wilkins Avenue, 

Rockville, Maryland 20852. 

In addition to publishing the full text 

of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the internet through the 

Commission’s Home Page (http://

www.ferc.gov) using the ‘‘eLibrary’’ link. 

Enter the docket number excluding the 

last three digits in the docket number 

field to access the document. At this 

time, the Commission has suspended 

access to the Commission’s Public 

Reference Room, due to the 

proclamation declaring a National 

Emergency concerning the Novel 

Coronavirus Disease (COVID–19), issued 

by the President on March 13, 2020. For 

assistance, contact the Federal Energy 

Regulatory Commission at 

FERCOnlineSupport@ferc.gov or call 

toll-free, (886) 208–3676 or TYY, (202) 

502–8659. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Dated: October 16, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–23289 Filed 10–20–23; 8:45 am] 

BILLING CODE 6717–01–P 


lotter on DSK11XQN23PROD with NOTICES1