39424 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 

7317.00.65.60 and 7317.00.75.00. Certain 

steel nails subject to this order also may be 

classified under HTSUS subheadings 

7907.00.60.00, 7806.00.80.00, 7318.29.00.00, 

8206.00.00.00 or other HTSUS subheadings. 

While the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of this order is dispositive. 

Appendix II—List of Topics Discussed 

in the Preliminary Decision 

Memorandum 

1. Summary 

2. Background 

3. Scope of the Order 

4. Partial Rescission of Administrative 

Review 

5. Collapsing of Affiliated Companies 

6. Date of Sale 

7. Comparisons to Normal Value 

A. Determination of Comparison Method 

B. Results of the Differential Pricing 

Analysis 

8. Product Comparisons 

9. Export Price 

10. Normal Value 

A. Home Market Viability as Comparison 

Market 

B. Level of Trade 

C. Sales to Affiliates 

D. Cost of Production 

1. Cost Averaging Methodology 

A. Significance of Cost Changes 

B. Linkage Between Sales and Cost 

Information 

2. Calculation of COP 

3. Test of Comparison Market Sales Prices 

4. Results of the Cost of Production Test 

E. Calculation of Normal Value Based on 

Comparison Market Prices 

F. Price-to-Constructed Value Comparison 

11. Currency Conversion 

12. Verification 

13. Recommendation 

[FR Doc. 2018–17050 Filed 8–8–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Submission for OMB Review; 

Comment Request 

The Department of Commerce will 

submit to the Office of Management and 

Budget (OMB) for clearance the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Agency: National Oceanic and 

Atmospheric Administration (NOAA). 

Title: International Dolphin 

Conservation Program. 

OMB Control Number: 0648–0387. 

Form Number(s): None. 

Type of Request: Regular (extension of 

a currently approved information 

collections). 

Number of Respondents: 279. 

Average Hours per Response: 35 

minutes for a vessel permit application; 

10 minutes for an operator permit 

application, a notification of vessel 

arrival or departure, a change in permit 

operator; a notification of a net 

modification or a monthly tuna storage 

removal report; 30 minutes for a request 

for a waiver to transit the ETP without 

a permit (and subsequent radio 

reporting) or for a special report 

documenting the origin of tuna (if 

requested by the NOAA Administrator); 

10 hours for an experimental fishing 

operation waiver; 15 minutes for a 

request for a Dolphin Mortality Limit; 

35 minutes for written notification to 

request active status for a small tuna 

purse seine vessel; 5 minutes for written 

notification to request inactive status for 

a small tuna purse seine vessel or for 

written notification of the intent to 

transfer a tuna purse seine vessel to 

foreign registry and flag; 60 minutes for 

a tuna tracking form or for a monthly 

tuna receiving report; 30 minutes for 

IMO application or exemption request; 

30 minutes for chain of custody 

recordkeeping reporting requirement. 

Burden Hours: 248. 

Needs and Uses: This request is to 

extend this information collection. 

National Oceanic and Atmospheric 

Administration (NOAA) collects 

information to implement the 

International Dolphin Conservation 

Program Act (Act). The Act allows entry 

of yellowfin tuna into the United States 

(U.S.), under specific conditions, from 

nations in the International Dolphin 

Conservation Program that would 

otherwise be under embargo. The Act 

also allows U.S. fishing vessels to 

participate in the yellowfin tuna fishery 

in the eastern tropical Pacific Ocean 

(ETP) on terms equivalent with the 

vessels of other nations. NOAA collects 

information to allow tracking and 

verification of ‘‘dolphin-safe’’ and ‘‘nondolphin safe’’ tuna products from catch 

through the U.S. market. 

The regulations implementing the Act 

are at 50 CFR parts 216 and 300. The 

recordkeeping and reporting 

requirements at 50 CFR parts 216 and 

300 form the basis for this collection of 

information. This collection includes 

permit applications, notifications, tuna 

tracking forms, reports, and 

certifications that provide information 

on vessel characteristics and operations 

in the ETP, the origin of tuna and tuna 

products, chain of custody 

recordkeeping requirements and certain 

other information necessary to 

implement the Act. 

Affected Public: Business or other forprofit organizations; individuals or 

households. 

Frequency: On occasion, monthly and 

upon request. 

Respondent’s Obligation: Mandatory. 

This information collection request 

may be viewed at reginfo.gov. Follow 

the instructions to view Department of 

Commerce collections currently under 

review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to OIRA_Submission@

omb.eop.gov or fax to (202) 395–5806. 

Dated: August 6, 2018. 

Sarah Brabson, 

NOAA PRA Clearance Officer. 

[FR Doc. 2018–17056 Filed 8–8–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG383 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Gustavus 

Ferry Terminal Improvements Project 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed issuance of an 

Incidental Harassment Authorization; 

request for comments. 

SUMMARY: NMFS has received a request 

from the Alaska Department of 

Transportation and Public Facilities 

(ADOT&PF) to issue an incidental 

harassment authorization (IHA) for 

activities that were not conducted under 

an existing IHA. NMFS previously 

issued an IHA to ADOT&PF to 

incidentally take seven species of 

marine mammal, by Level A and Level 

B harassment, during construction 

activities associated with the Gustavus 

Ferry Terminal Improvements project in 

Gustavus, Alaska. The IHA, issued on 

April 4, 2017 (82 FR 17209; April 10, 

2017), is valid from December 15, 2017 

through December 14, 2018. However, 

ADOT&PF was unable to conduct any of 

the work and, therefore, has requested 

that NMFS re-issue the IHA with the 

dates changed to accommodate the 

analyzed work with minor 

modifications to the number of piles 

driven. The proposed IHA would 

authorize work for the ferry 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 39425 

improvements project between 

December 15, 2018 and December 14, 

2019. Pursuant to the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on the proposed 

issuance of an IHA to incidentally take 

marine mammals during the specified 

activities. Take numbers would be the 

same as authorized previously, and the 

mitigation, monitoring, and reporting 

requirements would remain the same as 

authorized for the 2017–2018 IHA 

referenced above. 

DATES: Comments and information must 

be received no later than September 10, 

2018. 

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.pauline@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: Rob 

Pauline, Office of Protected Resources, 

NMFS, (301) 427–8401. Electronic 

copies of the application, supporting 

documents, list of the references cited in 

this document, Federal Register notice 

of proposed IHA (81 FR 40852; June 23, 

2016), Federal Register notice of 

issuance of the final 2017–2018 IHA (82 

FR 17209; April 10, 2017) and the 

issued 2017–2018 IHA 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 

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 authorization is provided to 

the public for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

Except with respect to certain 

activities not pertinent here, the MMPA 

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). 

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 preliminarily determined 

that the issuance of the proposed IHA 

qualifies to be categorically excluded 

from further NEPA review. We will 

review all comments submitted in 

response to this notice prior to 

concluding our NEPA process or making 

a final decision on the IHA request. 

History of Request 

On July 31, 2015, NMFS received an 

application from ADOT&PF requesting 

the take of marine mammals incidental 

to reconstructing the existing ferry 

terminal at Gustavus, Alaska, referred to 

as the Gustavus Ferry Terminal. NMFS 

published a notice of a proposed IHA 

and request for comments in the Federal 

Register on June 23, 2016 (81 FR 40852). 

We subsequently published the final 

notice of our issuance of the IHA on 

April 10, 2017 (82 FR 17209), making 

the IHA valid for December 15, 2017 

through December 14, 2018. In-water 

work associated with the project was 

expected to be completed within the 

one-year timeframe of the IHA. The 

specified activities were expected to 

result in the take of seven species of 

marine mammals including harbor seal 

(Phoca vitulina), Steller sea lion 

(Eumetopias jubatus), harbor porpoise 

(Phocoena phocoena), Dall’s porpoise 

(Phocoenoides dalli), killer whale 

(Orcinus orca), humpback whale 

(Megaptera novaeangliae), and minke 

whale (Balaenoptera acutorostrata). 

On May 8, 2018, ADOT&PF informed 

NMFS that work on the project would 

be postponed due to design revisions 

and local community considerations 

and that no work would be completed 

under the 2017–2018 IHA. ADOT&PF 

requested that a new IHA be issued that 

would be valid from December 15, 2018 

through December 14, 2019. Under this 

proposed IHA, ADOT&PF would 

conduct pile driving activities between 

the in water work window dates of 

March 1, 2019, through May 31, 2019 

and September 1, 2019, through 

November 30, 2019. Although the 

proposed activities would undergo 

minor modifications, the number of 

authorized takes would remain 

unchanged from those listed in the 

2017–2018 Authorization. 


sradovich on DSK3GMQ082PROD with NOTICES
39426 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 

Description of the Proposed Activity and 

Anticipated Impacts 

The 2018–2019 proposed IHA would 

cover the same construction associated 

with the modernization of the Gustavus 

Ferry Terminal that the 2017–2018 did, 

with minor revisions to the number and 

types of piles that would be installed 

and removed. NMFS refers the reader to 

the documents related to the previously 

issued 2017–2018 IHA for more detailed 

description of the project activities. 

These previous documents include the 

Federal Register notice of the issuance 

of the 2017–2018 IHA for ADOT&PF’s 

Gustavus Ferry Terminal Improvements 

project (82 FR 17209; April 10, 2017), 

ADOT&PF’s application, the Federal 

Register notice of the proposed IHA (81 

FR 40852; June 23, 2016) and all 

associated references and documents. A 

detailed description of the proposed 

vibratory and impact pile driving 

activities at the ferry terminal 

improvements project is found in these 

documents. The description remains 

accurate with the exception of the minor 

modifications noted above. 

Detailed Description of the Action 

Differences between the 2017–2018 

IHA and the proposed 2018–2019 IHA 

are shown in Table 1. Generally 

speaking, pile driving and removal 

would occur over the same number of 

days (50) with installation and removal 

of 16 additional piles over 21 additional 

hours. These changes represent a 3.5 

percent increase in the number of piles 

installed and a 21.9 percent increase in 

the number of piles removed. The 

duration of impact driving would 

remain the same while the time spent 

vibratory driving would increase by 18.4 

percent. The additional time required 

for vibratory driving is due to the 

increase in anticipated number of piles 

removed. Note that these proposed 

changes would have a nominal impact 

on the calculated Level A harassment 

isopleths and no effect on Level B 

harassment isopleths. Therefore, the 

sizes of the Level A harassment and 

Level B harassment zones would remain 

unchanged. 

TABLE 1—GUSTAVUS FERRY PILE INSTALLATION AND REMOVAL SUMMARY

Pile size (inches) Number of piles— 

2017–2018 IHA 

Number of piles— 

2018–2019 

Proposed IHA 

30 .......................................................................................... 14 ......................................................................................... 18. 

24 .......................................................................................... 40 ......................................................................................... 34 install/12 remove. 

18 .......................................................................................... 0 ........................................................................................... 4 remove. 

16 .......................................................................................... 0 ........................................................................................... 4 install/4 remove. 

12.75 ..................................................................................... 3 install/16 remove ............................................................... 3 install/9 remove. 

Total installed/total Piles ................................................ 57/73 .................................................................................... 59/89. 

Driving time duration 2017–2018 IHA 

(hours) 

2018–2019 

Proposed IHA 

(hours) 

Impact Driving ....................................................................... 57 ......................................................................................... 57. 

Vibratory Driving ................................................................... 114 ....................................................................................... 135. 

Total ............................................................................... 171 ....................................................................................... 192. 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities is found in 

these previous documents, which 

remains applicable to the proposed 

2018–2019 IHA as well. In addition, 

NMFS has reviewed recent draft Stock 

Assessment Reports, information on 

relevant Unusual Mortality Events, and 

recent scientific literature, and 

determined that no new information 

affects our original analysis of impacts 

under the 2017–2018 IHA. 

Potential Effects on Marine Mammals 

A description of the potential effects 

of the specified activities on marine 

mammals and their habitat may be 

found in these previous documents, 

which remains applicable to the 

issuance of the proposed 2018–2019 

IHA. There is no new information on 

potential effects. 

Estimated Take 

A detailed description of the methods 

and inputs used to estimate authorized 

take is found in these previous 

documents. The methods of estimating 

take for the proposed 2018–2019 IHA 

are identical to those used in the 2017– 

2018 IHA. The source levels remain 

unchanged from the previously issued 

IHA, and NMFS’ 2016 acoustic 

technical guidance was used to address 

new acoustic thresholds in the notice of 

issuance of the 2017–2018 IHA. 

Specifically, observational data was 

used to calculate daily take rates in the 

absence of density data. Since the 

number of pile-driving days (50) 

planned for both the 2017–2018 IHA 

and the proposed 2018–2019 IHA are 

the same, the total estimated take 

projections will be identical. 

Description of Proposed Mitigation, 

Monitoring and Reporting Measures 

A description of proposed mitigation, 

monitoring, and reporting measures is 

found in the previous documents, 

which are identical to those contained 

in this proposed 2018–2019 IHA. The 

following measures would apply to 

ADOT&PF’s mitigation requirements: 

• Establishment of Shutdown Zone— 

For all pile driving activities, ADOT&PF 

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 some authorized species, based on 

NMFS’ acoustic technical guidance 

published in the Federal Register on 

August 4, 2016 (81 FR 51693). 

• Establishment of Monitoring 

Zones—ADOT&PF must identify and 

establish Level A harassment zones. 

These zones are areas beyond the 

shutdown zones where animals may be 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 39427 

exposed to sound levels that could 

result in permanent threshold shift 

(PTS). ADOT&PF will also identify and 

establish Level B harassment 

disturbance zones which are areas 

where SPLs equal or exceed 160 dB rms 

for impact driving and 120 dB rms 

during vibratory driving. 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. NMFS has 

established monitoring protocols 

described in the Federal Register notice 

of the issuance (82 FR 17209; April 10, 

2017) which are based on the distance 

and size of the monitoring and 

shutdown zones. These same protocols 

are contained in this proposed 2018– 

2019 IHA. 

• Temporal and Seasonal 

Restrictions—Work may only occur 

during daylight hours, when visual 

monitoring of marine mammals can be 

conducted and all in-water construction 

will be limited to the periods between 

March 1 and May 31, 2018, and 

September 1 and November 30, 2018. 

• Soft Start—The use of a soft-start 

procedure is believed to provide 

additional protection to marine 

mammals by providing warning and/or 

giving marine mammals a chance to 

leave the area prior to the hammer 

operating at full capacity. For impact 

pile driving, contractors will be required 

to implement soft start procedures. Soft 

Start is not required during vibratory 

pile driving and removal activities. 

• Visual Marine Mammal 

Observation—Monitoring must be 

conducted by qualified marine mammal 

observers (MMOs), who are trained 

biologists, with minimum qualifications 

described in the Federal Register notice 

of the issuance of the 2017–2018 IHA 

(82 FR 17209; April 4, 2017). In order 

to effectively monitor the pile driving 

monitoring zones, two MMOs must be 

positioned at the best practical vantage 

point(s). If waters exceed a sea-state 

which restricts the observers’ ability to 

make observations within the shutdown 

zone (e.g., excessive wind or fog), pile 

installation and removal will cease. Pile 

driving will not be initiated until the 

entire shutdown zone is visible. MMOs 

shall record specific information on the 

sighting forms as described in the 

Federal Register notice of the issuance 

of the 2017–2018 IHA (82 FR 17209; 

April 10, 2017). At the conclusion of the 

in-water construction work, ADOT&PF 

will provide NMFS with a monitoring 

report which includes summaries of 

recorded takes and estimates of the 

number of marine mammals that may 

have been harassed. 

Determinations 

ADOT&PF proposes to conduct 

activities similar to those covered in the 

previous 2017–2018 IHA. As described 

above, the number of estimated takes of 

the same stocks of marine mammals is 

the same as those authorized in the 

2017–2018 IHA that were found to meet 

the negligible impact and small 

numbers standards. Our analysis 

showed that less than 9.07 percent of 

the populations of affected stocks, with 

the exception of minke and killer 

whales, could be taken by harassment. 

For Northern resident and West Coast 

transient killer whales, the percentages, 

when instances of take are compared to 

abundance, are 48.2 percent and 51.8 

percent, respectively. However, the 

takes estimated for these stocks (up to 

126 instances assuming all takes are 

accrued to a single stock) are not likely 

to represent unique individuals. Instead, 

we anticipate that there will be multiple 

takes of a smaller number of 

individuals. 

The Northern resident killer whale 

stock are most commonly seen in the 

waters around the northern end of 

Vancouver Island, and in sheltered 

inlets along B.C.’s Central and North 

Coasts. They also range northward into 

Southeast Alaska in the winter months. 

Pile driving operations are not 

permitted from December through 

February. It is unlikely that such a large 

portion of Northern resident killer 

whales with ranges of this magnitude 

would be concentrated in and around 

Icy Passage. 

NMFS believes that small numbers of 

the West coast transient killer whale 

stock would be taken based on the 

limited region of exposure in 

comparison with the known distribution 

of the transient stock. The West coast 

transient stock ranges from Southeast 

Alaska to California, while the proposed 

project activity would be stationary. A 

notable percentage of West coast 

transient whales have never been 

observed in Southeast Alaska. Only 155 

West coast transient killer whales have 

been identified as occurring in 

Southeast Alaska according to Dahlheim 

and White (2010). The same study 

identified three pods of transients, 

equivalent to 19 animals that remained 

almost exclusively in the southern part 

of Southeast Alaska (i.e. Clarence Strait 

and Sumner Strait). This information 

indicates that only a small subset of the 

entire West coast Transient stock would 

be at risk for take in the Icy Passage area 

because a sizable portion of the stock 

has either not been observed in 

Southeast Alaska or consistently 

remains far south of Icy Passage. 

There is no current abundance 

estimate for minke whale since 

population data on this species is dated. 

However, the proposed take of 42 minke 

whales may be considered small. A 

visual survey for cetaceans was 

conducted in the central-eastern Bering 

Sea in July–August 1999, and in the 

southeastern Bering Sea in 2000. Results 

of the surveys in 1999 and 2000 provide 

provisional abundance estimates of 810 

and 1,003 minke whales in the centraleastern and southeastern Bering Sea, 

respectively (Moore et al., 2002). 

Additionally, line-transect surveys were 

conducted in shelf and nearshore waters 

in 2001–2003 from the Kenai Fjords in 

the Gulf of Alaska to the central 

Aleutian Islands. Minke whale 

abundance was estimated to be 1,233 for 

this area (Zerbini et al., 2006). However, 

these estimates cannot be used as an 

estimate of the entire Alaska stock of 

minke whales because only a portion of 

the stock’s range was surveyed. (Allen 

and Anglis 2012). Clearly, 42 authorized 

takes should be considered a small 

number, as it constitutes only 5.2 

percent of the smallest abundance 

estimate generated during the surveys 

just described and each of these surveys 

represented only a portion of the minke 

whale range. 

Note that the numbers of animals 

authorized to be taken for all species, 

with the exception of Northern resident 

and West coast transient killer whales, 

would be considered small relative to 

the relevant stocks or populations even 

if each estimated taking occurred to a 

new individual—an extremely unlikely 

scenario. 

The proposed 2018–2019 IHA 

includes mitigation, monitoring, and 

reporting requirements that are identical 

to those depicted in the 2017–2018 IHA, 

and there is no new information 

suggesting that our analysis or findings 

should change. 

Based on the information contained 

here and in the referenced documents, 

NMFS has determined the following: (1) 

The required mitigation measures will 

effect the least practicable impact on 

marine mammal species or stocks and 

their habitat; (2) the authorized takes 

will have a negligible impact on the 

affected marine mammal species or 

stocks; (3) the authorized takes 

represent small numbers of marine 

mammals relative to the affected stock 

abundances; and (4) ADOT&PF’s 

activities will not have an unmitigable 

adverse impact on taking for subsistence 

purposes as no relevant subsistence uses 

of marine mammals are implicated by 

this action. 


sradovich on DSK3GMQ082PROD with NOTICES
39428 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 

Endangered Species Act (ESA) 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (ESA: 16 U.S.C. 

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

In order to comply with the ESA, 

NMFS Alaska Regional Office (AKR) 

Protected Resources Division issued a 

Biological Opinion on March 21, 2017 

under section 7 of the ESA, on the 

issuance of an IHA to ADOT&PF under 

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

consultation concluded that the project 

was likely to adversely affect but 

unlikely to jeopardize the continued 

existence of the threatened Mexico DPS 

of humpback whale (Megaptera 

novaeangliae) or the endangered 

western DPS of Steller sea lion 

(Eumatopias jubatus), or adversely 

modify designated critical habitat for 

Steller sea lions. In a memo dated June 

13, 2018, NMFS AKR concluded that reinitiation of section 7 consultation is not 

necessary for the issuance of the 

proposed 2018–2019 IHA. The only 

modification to the project is a time 

shift of one year. No additional take has 

been requested by ADOT&PF or is 

proposed for authorization by NMFS. 

All mitigation measures described in the 

Biological Opinion would be 

implemented to reduce harassment of 

marine mammals and document take of 

marine mammals. For these reasons, we 

anticipate no new or changed effects of 

the action beyond what was considered 

in the 2017 Biological Opinion. 

Proposed Authorization and Request 

for Public Comments 

As a result of these determinations, 

NMFS proposes to issue an IHA to 

ADOT&PF for the Gustavus Ferry 

Terminal Improvements project in 

Gustavus, AK from December 15, 2018 

through December 14, 2019, provided 

the previously described mitigation, 

monitoring, and reporting requirements 

from the 2017–2018 IHA are 

incorporated. We request comment on 

our analyses and the proposed issuance 

of the IHA which would be identical to 

the previous IHA (https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-alaskadot-gustavus-ferry-terminalimprovement-project). We also request 

comment on the potential for renewal of 

this proposed IHA as described in the 

paragraph below. Please include with 

your comments any supporting data or 

literature citations to help inform our 

final decision on the request for MMPA 

authorization. 

On a case-by-case basis, NMFS may 

issue a second one-year IHA without 

additional notice when (1) another year 

of identical or nearly identical activities 

as described in the Specified Activities 

section is planned or (2) the activities 

would not be completed by the time the 

IHA expires and a second IHA would 

allow for completion of the activities 

beyond that described in the Dates and 

Duration section, provided all of the 

following conditions are met: 

• A request for renewal is received no 

later than 60 days prior to expiration of 

the current IHA; 

• The request for renewal must 

include the following: 

(1) An explanation that the activities 

to be conducted beyond the initial dates 

either are identical to the previously 

analyzed activities or include changes 

so minor (e.g., reduction in pile size) 

that the changes do not affect the 

previous analyses, take estimates, or 

mitigation and monitoring 

requirements; and 

(2) A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized; 

and 

• Upon review of the request for 

renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

remain the same and appropriate, and 

the original findings remain valid. 

Dated: August 3, 2018. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2018–16993 Filed 8–8–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG376 

Notice of Availability of a Request for 

Information: Expressions of Interest in 

Conducting Collaborative Research 

and Development on Innovative 

Approaches for Exploiting 

Environmental Data 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for information. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) is 

seeking expression of interest from 

private firms interested in entering into 

a Cooperative Research and 

Development Agreement (CRADA) with 

NOAA to conduct collaborative research 

and development (R&D) on new and 

innovative approaches that could lead 

to new and better ways of processing, 

exploiting and disseminating spacebased Earth and space weather 

observations from NOAA developed and 

deployed satellites, with a wide range of 

applications, societal and economic 

benefits. 

DATES: Comments must be received by 

5 p.m. on September 24, 2018. Any 

questions pertaining to this Request for 

Information must be submitted no later 

than August 24, 2018. 

ADDRESSES: You may submit comments 

on this document by the following 

method: 

Email: Derek.parks@noaa.gov. Please 

include the subject heading of 

‘‘Response to Collaborative R&D RFI’’. 

Attachments to electronic comments 

will be accepted in Microsoft Word or 

Excel, or Adobe PDF formats only. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NOAA. Comments 

containing references, studies, research, 

and other empirical data that are not 

widely published should include copies 

or electronic links of the referenced 

materials. Comments that contain 

profanity, vulgarity, threats, or other 

inappropriate language will not be 

considered. 

FOR FURTHER INFORMATION CONTACT: 

Derek Parks, Technology Transfer 

Program Manager, Technology 

Partnerships Office, U.S. Department of 

Commerce, National Oceanic and 

Atmospheric Administration, Office of 


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