Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 15045 

5. Future Council Meeting Agenda and 

Workload Planning 

I. Groundfish Management 

1. NMFS Report 

2. Implementation of the 2012 Pacific 

Whiting Fishery under the U.S.-Canada 

Pacific Whiting Agreement 

3. Tentative Adoption of 2013–14 Biennial 

Harvest Specifications and Management 

Measures 

4. Trawl Rationalization Trailing Actions 

and Allocation Amendments and 

Actions 

5. Reconsideration of Initial Individual 

Fishery Quotas in the At-Sea Mothership 

and Shoreside Pacific Whiting Trawl 

Fisheries 

6. Groundfish Essential Fish Habitat 

Review 

7. Consideration of Inseason Adjustments 

8. Adoption of 2013–14 Biennial Harvest 

Specifications and Management 

Measures 

Schedule of Ancillary Meetings 

Day 1—Saturday, March 31, 2012 

Groundfish Management Team: 8 a.m. 

Habitat Committee: 8 a.m. 

Legislative Committee: 3 p.m. 

Day 2—Sunday, April 1, 2012 

California State Delegation: 7 a.m. 

Oregon State Delegation: 7 a.m. 

Washington State Delegation: 7 a.m. 

Groundfish Advisory Subpanel: 8 a.m. 

Groundfish Management Team: 8 a.m. 

Model Evaluation Workgroup: 8 a.m. 

Salmon Advisory Subpanel: 8 a.m. 

Salmon Technical Team: 8 a.m. 

Scientific and Statistical Committee: 8 

a.m. 

Tribal Policy Group: 8 a.m. 

Tribal and Washington Technical 

Group: 8 a.m. 

Enforcement Consultants: 4:30 p.m. 

Chair’s Reception: 6 p.m. 

Day 3—Monday, April 2, 2012 

California State Delegation: 7 a.m. 

Oregon State Delegation: 7 a.m. 

Washington State Delegation: 7 a.m. 

Groundfish Advisory Subpanel: 8 a.m. 

Groundfish Management Team: 8 a.m. 

Salmon Advisory Subpanel: 8 a.m. 

Salmon Technical Team: 8 a.m. 

Tribal Policy Group: 8 a.m. 

Tribal and Washington Technical 

Group: 8 a.m. 

Scientific and Statistical Committee 

Economic and Groundfish 

Subcommittees: 8:30 a.m. 

Enforcement Consultants: As Necessary 

Day 4—Tuesday, April 3, 2012 

California State Delegation: 7 a.m. 

Oregon State Delegation: 7 a.m. 

Washington State Delegation: 7 a.m. 

Groundfish Advisory Subpanel: 8 a.m. 

Groundfish Management Team: 8 a.m. 

Salmon Advisory Subpanel: 8 a.m. 

Salmon Technical Team: 8 a.m. 

Tribal Policy Group: 8 a.m. 

Tribal and Washington Technical 

Group: 8 a.m. 

Electronic Monitoring Technical 

Presentation: 7 p.m. 

Enforcement Consultants: As Necessary 

Day 5—Wednesday, April 4, 2012 

California State Delegation: 7 a.m. 

Oregon State Delegation: 7 a.m. 

Washington State Delegation: 7 a.m. 

Groundfish Advisory Subpanel: 8 a.m. 

Groundfish Management Team: 8 a.m. 

Salmon Advisory Subpanel: 8 a.m. 

Salmon Technical Team: 8 a.m. 

Tribal Policy Group: 8 a.m. 

Tribal and Washington Technical 

Group: 8 a.m. 

Observer Data Workshop: 7 p.m. 

Enforcement Consultants: As Necessary 

Integrated Ecosystem Analysis 

Informational Sessions: 8 a.m.–5 p.m. 

Day 6—Thursday, April 5, 2012 

California State Delegation: 7 a.m. 

Oregon State Delegation: 7 a.m. 

Washington State Delegation: 7 a.m. 

Groundfish Advisory Subpanel: 8 a.m. 

Groundfish Management Team: 8 a.m. 

Salmon Advisory Subpanel: 8 a.m. 

Salmon Technical Team: 8 a.m. 

Tribal Policy Group: 8 a.m. 

Tribal and Washington Technical 

Group: 8 a.m. 

Enforcement Consultants: As Necessary 

Day 7—Friday, April 6, 2012 

California State Delegation: 7 a.m. 

Oregon State Delegation: 7 a.m. 

Washington State Delegation: 7 a.m. 

Salmon Technical Team: 8 a.m. 

Although non-emergency issues not 

contained in this agenda may come 

before this Council for discussion, those 

issues may not be the subject of formal 

Council action during these meetings. 

Council action will be restricted to those 

issues specifically listed 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 Council’s 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 Carolyn Porter at 

(503) 820–2280 at least 5 days prior to 

the meeting date. 

Dated: March 8, 2012. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–6061 Filed 3–13–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA916 

Takes of Marine Mammals Incidental to 

Specified Activities; Pile Placement for 

ORPC Maine’s Cobscook Bay Tidal 

Energy Pilot Project 

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 

Marine Mammal Protection Act 

(MMPA) implementing regulations, 

notification is hereby given that NMFS 

has issued an Incidental Harassment 

Authorization (IHA) to Ocean 

Renewable Power Company Maine, LLC 

(ORPC), allowing the take of small 

numbers of marine mammals, by Level 

B harassment only, incidental to pile 

driving in Cobscook Bay, Maine. 

DATES: Effective March 12, 2012, 

through March 11, 2013. 

ADDRESSES: A copy of the IHA, the 

application, and the Environmental 

Assessment may be obtained by writing 

to Tammy Adams, Acting Chief, Permits 

and Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910 or by 

telephoning the contact listed here (see 

FOR FURTHER INFORMATION CONTACT), or 

visiting the Internet at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Magliocca, 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 


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15046 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 

engage in a specified activity (other than 

commercial fishing) within a specific 

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. 

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.’’ 

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

established an expedited process by 

which U.S. citizens can apply for an 

authorization to incidentally take small 

numbers of marine mammals by 

harassment. Section 101(a)(5)(D) further 

established a 45-day time limit for 

NMFS’ review of an application, 

followed by a 30-day public notice and 

comment period on any proposed 

authorizations for the incidental 

harassment of marine mammals. Within 

45 days of the close of the comment 

period, NMFS must either issue or deny 

the authorization. 

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]. 

Summary of Request 

On November 2, 2011, NMFS received 

an application from ORPC requesting an 

IHA for the take, by Level B harassment, 

of small numbers of harbor seal (Phoca 

vitulina), gray seal (Halichoerus grypus), 

harbor porpoise (Phocoena phocoena), 

and Atlantic white-sided dolphin 

(Lagenorhynchus acutus) incidental to 

pile driving activities in Cobscook Bay, 

Maine. In accordance with the MMPA 

and implementing regulations, NMFS 

issued a notice in the Federal Register 

on January 19, 2012 (77 FR 2701), 

requesting comments from the public on 

the proposed IHA. 

Description of the Specified Activity 

A complete description of the 

specified activity may be found in 

NMFS’ proposed IHA notice (77 FR 

2701, January 19, 2012) and a summary 

is provided here. ORPC plans to install 

foundational piles to support an 

underwater tidal turbine unit as part of 

the first phase of a long-term project. 

The turbine unit is approximately 30 

meters (m) (98 feet (ft)) long, 5 m (17 ft) 

high, and 5 m (17 ft) wide and is 

attached to a bottom support frame, 

which holds the unit in place about 4.5 

m (15 ft) above the sea floor. The turbine 

unit weighs about 69,000 pounds (lbs) 

and is coupled with the bottom support 

frame to comprise what is called a 

single-device TidGenTM Power System. 

At the interface with the seabed, the 

bottom support frame requires a sitespecific design based on the 

environmental conditions at the 

deployment area. The foundation design 

for the single-device TidGenTM Power 

System is a pile bent arrangement 

consisting of 10 steel pipe piles. Each 

foundation pile will have a 76- 

centimeter (cm) (30 inch (in)) diameter 

and a 1-cm (half-inch) wall thickness 

and will rest on bedrock. Piles will vary 

in length from 15–18 m (50–60 ft) due 

to bottom sediment depth, but each pile 

will be driven to the top of bedrock and 

will protrude 3–5 m (10–15 ft) above the 

seafloor. 

A total of 11 piles (10 for the 

foundation and one for mounting 

environmental monitoring equipment) 

will be driven from a moored barge for 

the first phase. Piles will be placed 

about six m (20 ft) apart in two rows of 

five and the rows will be separated by 

about 15 m (50 ft). Geotechnical data 

shows that the TidGenTM device will be 

located in an area with up to 12 m (40 

ft) of marine clay and some thin layers 

of glacial till overlaying bedrock. Based 

on this data and extensive soil studies 

in the area, piles are expected to sink 

fairly deep into the mud line under their 

own weight. Piles will be driven the 

remaining depth using vibratory and 

impact pile driving procedures from 

barge-based pile driving equipment. A 

pile for mounting environmental 

monitoring equipment will also be 

installed with the same pile driving 

equipment. The monitoring pile will be 

two m (six ft) in diameter, or consist of 

an array of three piles not greater than 

76 cm (30 in) in diameter. The 

monitoring pile will protrude about six 

m (20 ft) above the seafloor. 

ORPC plans to use an H&M model H– 

1700 vibratory hammer to drive piles to 

the extent possible. If additional energy 

is required to reach bedrock, a 

Berminghammer model B–3505 diesel 

impact hammer may be used, with 

maximum rated impact energy of 21,533 

ft-lb. ORPC expects that the need for an 

impact hammer will be minimal and for 

very short durations. To lessen the 

amount and intensity of sound 

propagation, ORPC is evaluating the use 

of wooden sound absorption cushions 

and/or bubble curtains. 

Date and Duration of Proposed Activity 

ORPC plans to begin pile driving in 

mid-March, 2012. Pile driving with a 

vibratory hammer may take up to three 

minutes per pile and pile driving with 

an impact hammer may take up to five 

minutes per pile. Due to strong currents 

during ebb and flood tides, pile driving 

will only occur during slack tides. 

ORPC expects that only one pile will be 

driven per tide cycle for a total of 7–12 

days of pile driving during daylight 

hours only. NMFS Northeast Region 

recommends that in-water construction 

involving pile driving be conducted 

between November 8 and April 9 to 

avoid impacts to fisheries resources. 

However, ORPC may be able to conduct 

pile driving activities after April 9 if 

they can demonstrate that noise levels 

caused by the impact hammer are below 

NMFS guidelines. Although pile driving 

is only expected to last 7–12 days, 

NMFS issued the IHA for a 1-year 

period to allow for permitting and 

weather delays. Pile driving will only 

occur in weather that provides adequate 

visibility for marine mammal 

monitoring activities. 

Region of Proposed Activity 

The activity will occur in Cobscook 

Bay, in between Lubec and Eastport, 

Maine. Piles and other deployment 

materials will be transported by barge 

from a staging area at the Eastport Boat 

School or other local access point. 

Cobscook Bay has extremely strong tidal 

currents and notably high tides, creating 

an extensive intertidal habitat for 

marine and coastal species. Water depth 

at the proposed project location is 26 m 

(85 ft) at mean lower low water. The Bay 

is considered a relatively intact marine 

system, as the area has not experienced 

much industrialization. 

Sound Propagation 

For background, sound is a 

mechanical disturbance consisting of 

minute vibrations that travel through a 

medium, such as air or water, and is 

generally characterized by several 

variables. Frequency describes the 


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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 15047 

sound’s pitch and is measured in hertz 

(Hz) or kilohertz (kHz), while sound 

level describes the sound’s loudness 

and is measured in decibels (dB). Sound 

level increases or decreases 

exponentially with each dB of change. 

For example, 10 dB yields a sound level 

10 times more intense than 1 dB, while 

a 20 dB level equates to 100 times more 

intense, and a 30 dB level is 1,000 times 

more intense. Sound levels are 

compared to a reference sound pressure 

(micro-Pascal) to identify the medium. 

For air and water, these reference 

pressures are ‘‘re: 20 mPa’’ and ‘‘re: 1 

mPa,’’ respectively. Root mean square 

(RMS) is the quadratic mean sound 

pressure over the duration of an 

impulse. RMS is calculated by squaring 

all of the sound amplitudes, averaging 

the squares, and then taking the square 

root of the average (Urick, 1975). RMS 

accounts for both positive and negative 

values; squaring the pressures makes all 

values positive so that they may be 

accounted for in the summation of 

pressure levels (Hastings and Popper, 

2005). This measurement is often used 

in the context of discussing behavioral 

effects, in part because behavioral 

effects, which often result from auditory 

cues, may be better expressed through 

averaged units rather than by peak 

pressures. 

Source levels for the vibratory and 

impact hammer are expected to be 175 

dB and 190 dB, respectively. Assuming 

a practical spreading loss of 15 log R, 

OPRC estimates that the 180-dB (Level 

A harassment) isopleth for the impact 

hammer could be as far as 100 m (328 

ft). The 120-dB (Level B harassment for 

continuous sound sources) isopleth for 

the vibratory hammer could be as far as 

4,600 m (2.5 mi). 

Comments and Responses 

A notice of receipt and request for 

public comment on the application and 

proposed authorization was published 

on January 19, 2012 (77 FR 2701). 

During the 30-day public comment 

period, NMFS only received comments 

from the Marine Mammal Commission 

(Commission). 

Comment 1: The Commission 

recommends that NMFS defer issuance 

of the IHA until NMFS evaluates the 

potential effects of construction, 

installation, and subsequent operation 

of the tidal turbine. Furthermore, the 

Commission recommends that NMFS 

then use that information as a basis for 

(1) determining the potential for marine 

mammal injury or mortality, (2) 

designing mitigation and monitoring 

measures to minimize injury and 

mortality caused by direct interactions, 

and (3) determining whether the 

anticipated takes are expected to have 

negligible impacts on marine mammal 

species and stocks. 

Response: NMFS disagrees that 

issuance of the IHA should be deferred. 

ORPC requested authorization for 

incidental takings subject to a specified 

activity (i.e., pile driving). NMFS has 

not received an IHA request for 

incidental takings subject to further 

construction, installation, or subsequent 

operation of the tidal turbine. However, 

NMFS did analyze the cumulative 

effects of ongoing and future Cobscook 

Bay activities in an Environmental 

Assessment (EA), which included the 

eventual operation of ORPC’s tidal 

turbine. The environmental effects of 

ORPC’s long-term project were also 

analyzed in an EA prepared by the 

Federal Energy Regulatory Commission 

and the Department of Energy (FERC 

and DOE, 2012). In summary, an 

assortment of mitigation and monitoring 

measures are expected to minimize 

impacts to marine species and the 

surrounding environment. To date, 

information on currently operating tidal 

turbines does not suggest the need for 

an incidental take authorization. 

However, if ORPC determines that there 

is a potential for further marine 

mammal harassment, they may choose 

to apply for another authorization. 

Comment 2: If an IHA is issued, the 

Commission recommends that NMFS 

authorize the taking of harbor seals and 

gray seals by both in-water and in-air 

harassment. If authorization does not 

include both in-water and in-air 

harassment, the Commission 

recommends that NMFS require ORPC 

to shutdown pile driving activities 

whenever a seal is observed within the 

in-air Level B harassment zone. 

Response: As explained in the notice 

of proposed IHA (77 FR 2701, January 

19, 2012), elevated in-air sound levels 

are not a concern because the nearest 

significant haul-out is more than six 

nautical miles (nmi) away. ORPC has 

not observed any pinnipeds hauled out 

within the proposed project area during 

their 3 years of conducting visual 

observations in Cobscook Bay. Any 

pinniped observed swimming or diving 

within 152 m (500 ft) of the pile driving 

location would be considered to be 

taken by elevated underwater sounds 

from pile driving; therefore, there is no 

additional need to shutdown any time a 

pinniped is within the in-air Level B 

harassment zone. 

Comment 3: The Commission 

recommends that NMFS require ORPC 

to monitor the presence and behavior of 

marine mammals for 30 minutes before, 

during, and 30 minutes after all impact 

and vibratory pile driving activities. 

Response: As detailed in the notice of 

proposed IHA (77 FR 2701, January 19, 

2012) and the mitigation and monitoring 

sections of this notice, ORPC is required 

to monitor the exclusion zone for 30 

minutes before, during, and 30 minutes 

after all impact pile driving. ORPC is 

also required to monitor the larger Level 

B harassment zone on at least three days 

of vibratory pile driving. NMFS believes 

that this amount of monitoring is 

sufficient to prevent the injury or 

mortality of marine mammals and to 

document behavioral responses of 

marine mammals to pile driving. 

Comment 4: The Commission 

recommends that NMFS require ORPC 

to record distances to observed marine 

mammals and document their behavior 

within the entirety of the Level B 

harassment zone for vibratory pile 

driving. 

Response: As detailed in the notice of 

proposed IHA (77 FR 2701, January 19, 

2012) and the mitigation and monitoring 

sections of this notice, ORPC is required 

to monitor the Level B harassment zone 

on at least three days of vibratory pile 

driving to validate take estimates and 

evaluate the behavioral impacts pile 

driving has on marine mammals out to 

the Level B harassment isopleth. 

Protected species observers will record 

species, behaviors, and responses to pile 

driving within this area. 

Comment 5: The Commission 

recommends that NMFS require ORPC 

to monitor before, during, and after all 

soft-starts of vibratory and impact pile 

driving activities to gather the data 

needed to determine the effectiveness of 

this technique as a mitigation measure. 

Response: NMFS disagrees that ORPC 

needs to monitor for marine mammals 

before, during, and after all soft-starts. 

Protected species observers will be onsite and monitoring for marine 

mammals at least 30 minutes before, 

during, and 30 minutes after all impact 

driving (including during soft-starts) 

and on at least three days of vibratory 

pile driving. NMFS believes that 

monitoring for all impact driving and on 

at least three days of vibratory pile 

driving will allow for adequate 

interpretation of how marine mammals 

are behaving in response to pile driving, 

including during soft-starts. 

Description of Marine Mammals in the 

Area of the Specified Activity 

Marine mammals with known 

presence in this region of Cobscook Bay 

are the harbor seal, grey seal, harbor 

porpoise, and Atlantic white-sided 

dolphin. ORPC has been conducting 

incidental visual observations of marine 

mammals in Cobscook Bay since 2007, 

for a total effort of 252 4-hr 


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observational periods over 222 days. 

During this time, marine mammal 

observers have recorded 57 seals, 47 

harbor porpoises, and two Atlantic 

white-sided dolphins (Table 1). No 

observations of any whale species have 

been made in Cobscook Bay by ORPC 

since monitoring began in 2007. In 

addition, a review of available databases 

does not indicate any recorded whale 

sightings in Cobscook Bay. Other 

species that may possibly occur in the 

vicinity of the proposed activity include 

North Atlantic right whale (Eubalaena 

glacialis), humpback whale (Megaptera 

novaengliae), fin whale (Balaenoptera 

borealis), minke whale (Balaenoptera 

acutorostrata), and sei whale 

(Balaenoptera borealis). However, these 

five species are generally associated 

with open ocean habitats and occur in 

more offshore locations. NMFS has 

concluded that the specified activity 

will not impact these five species and 

they are not discussed further. 

Information on the harbor seal, grey 

seal, harbor porpoise, and Atlantic 

white-sided dolphin was provided in 

the January 19, 2012 Federal Register 

notice (77 FR 2701). 

TABLE 1—MARINE MAMMAL OBSERVATIONS IN THE PROPOSED PROJECT VICINITY BETWEEN DECEMBER 2007, AND

DECEMBER 2010 

Month Hours of effort Harbor and 

grey seal 

Harbor 

porpoise 

Atlantic whitesided dolphin 

January ............................................................................................................ 16 0 0 0 

February ........................................................................................................... 36 0 1 0 

March ............................................................................................................... 56 1 0 0 

April .................................................................................................................. 160 4 3 0 

May .................................................................................................................. 56 1 3 0 

June ................................................................................................................. 84 8 1 0 

July ................................................................................................................... 84 4 10 0 

August .............................................................................................................. 120 16 24 2

September ....................................................................................................... 100 9 5 0 

October ............................................................................................................ 96 8 0 0 

November ........................................................................................................ 72 4 0 0 

December ........................................................................................................ 104 2 0 0 

Total .......................................................................................................... 1,008 57 47 2 

Potential Effects on Marine Mammals 

Elevated in-water sound levels from 

pile driving in the project area may 

temporarily impact marine mammal 

behavior. A detailed description of 

potential impacts to marine mammals 

can be found in NMFS’ January 19, 2012 

Federal Register notice (77 FR 2701) 

and is summarized here. 

Marine mammals are continually 

exposed to many sources of sound. For 

example, lightning, rain, sub-sea 

earthquakes, and animals are natural 

sound sources throughout the marine 

environment. Marine mammals produce 

sounds in various contexts and use 

sound for various biological functions 

including, but not limited to, (1) social 

interactions; (2) foraging; (3) orientation; 

and (4) predator detection. Interference 

with producing or receiving these 

sounds may result in adverse impacts. 

Audible distance or received levels will 

depend on the sound source, ambient 

noise, and the sensitivity of the receptor 

(Richardson et al., 1995). Marine 

mammal reactions to sound may depend 

on sound frequency, ambient sound, 

what the animal is doing, and the 

animal’s distance from the sound source 

(Southall et al., 2007). 

Hearing Impairment 

Marine mammals may experience 

temporary or permanent hearing 

impairment when exposed to loud 

sounds. Hearing impairment is 

classified by temporary threshold shift 

(TTS) and permanent threshold shift 

(PTS). There are no empirical data for 

when PTS first occurs in marine 

mammals; therefore, it must be 

estimated from when TTS first occurs 

and from the rate of TTS growth with 

increasing exposure levels. PTS is likely 

if the animal’s hearing threshold is 

reduced by ≥ 40 dB of TTS. PTS is 

considered auditory injury (Southall et 

al., 2007) and occurs in a specific 

frequency range and amount. Irreparable 

damage to the inner or outer cochlear 

hair cells may cause PTS; however, 

other mechanisms are also involved, 

such as exceeding the elastic limits of 

certain tissues and membranes in the 

middle and inner ears and resultant 

changes in the chemical composition of 

the inner ear fluids (Southall et al., 

2007). Due to proposed mitigation 

measures and source levels in the 

proposed project area, NMFS does not 

expect marine mammals to be exposed 

to PTS levels. 

Temporary Threshold Shift (TTS) 

TTS is the mildest form of hearing 

impairment that can occur during 

exposure to a loud sound (Kryter, 1985). 

While experiencing TTS, the hearing 

threshold rises and a sound must be 

louder in order to be heard. TTS can last 

from minutes or hours to days, but is 

recoverable. TTS also occurs in specific 

frequency ranges; therefore, an animal 

might experience a temporary loss of 

hearing sensitivity only between the 

frequencies of 1 and 10 kHz, for 

example. The amount of change in 

hearing sensitivity is also variable and 

could be reduced by 6 dB or 30 dB, for 

example. Recent literature highlights the 

inherent complexity of predicting TTS 

onset in marine mammals, as well as the 

importance of considering exposure 

duration when assessing potential 

impacts (Mooney et al., 2009a, 2009b; 

Kastak et al., 2007). Generally, with 

sound exposures of equal energy, 

quieter sounds (lower SPL) of longer 

duration were found to induce TTS 

onset more than louder sounds (higher 

SPL) of shorter duration (more similar to 

subbotom profilers). For sound 

exposures at or somewhat above the 

TTS-onset threshold, hearing sensitivity 

recovers rapidly after exposure to the 

sound ends. Southall et al. (2007) 

considers a 6 dB TTS (i.e., baseline 

thresholds are elevated by 6 dB) to be 

a sufficient definition of TTS-onset. 

NMFS considers TTS as Level B 

harassment that is mediated by 

physiological effects on the auditory 

system; however, NMFS does not 

consider onset TTS to be the lowest 

level at which Level B harassment may 

occur. 

Behavioral Effects 

Behavioral responses to sound are 

highly variable and context-specific. An 


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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 15049 

animal’s perception of and response to 

(in both nature and magnitude) an 

acoustic event can be influenced by 

prior experience, perceived proximity, 

bearing of the sound, familiarity of the 

sound, etc. (Southall et al., 2007). If a 

marine mammal does react briefly to an 

underwater sound by changing its 

behavior or moving a small distance, the 

impacts of the change are unlikely to be 

significant to the individual, let alone 

the stock or populations. However, if a 

sound source displaces marine 

mammals from an important feeding or 

breeding area for a prolonged period, 

impacts on individuals and populations 

could be significant (e.g., Lusseau and 

Bejder, 2007; Weilgart, 2007). Based on 

the limited amount of pile driving and 

use of vibratory pile driving, any 

impacts to marine mammal behavior 

from ORPC’s pile driving operations are 

expected to be temporary. Any 

disturbance to marine mammals is 

likely to be in the form of temporary 

avoidance or alteration of opportunistic 

foraging behavior near the pile driving 

location. 

Non-pulse Sounds 

The studies that address responses of 

mid-frequency cetaceans (such as 

Atlantic white-sided dolphins) to nonpulse sounds (like vibratory pile 

driving) include data gathered both in 

the field and the laboratory and related 

to several different sound sources (of 

varying similarity to chirps) including: 

pingers, drilling playbacks, ship and 

ice-breaking noise, vessel noise, 

acoustic harassment devices (AHDs), 

acoustic deterrent devices (ADDs), midfrequency active sonar, and non-pulse 

bands and tones. While none of these 

studies are specific to Atlantic whitesided dolphins, they include species 

with similar auditory bandwidths. 

Southall et al. (2007) were unable to 

come to a clear conclusion regarding the 

results of these studies. In some cases 

animals in the field showed significant 

responses to received levels between 90 

and 120 dB, while in other cases these 

responses were not seen in the 120 to 

150 dB range. This disparity is likely 

due to contextual variables beyond 

received level and species differences. 

The studies that address responses of 

high-frequency cetaceans (such as the 

harbor porpoise) to non-pulse sounds 

include data gathered both in the field 

and the laboratory and related to several 

different sound sources (of varying 

similarity to chirps), including: pingers, 

AHDs, and various laboratory non-pulse 

sounds. All of these data were collected 

from harbor porpoises. Southall et al. 

(2007) concluded that the existing data 

indicate that harbor porpoises are likely 

sensitive to a wide range of 

anthropogenic sounds at low received 

levels (around 90 to 120 dB), at least for 

initial exposures. All recorded 

exposures above 140 dB induced 

profound and sustained avoidance 

behavior in wild harbor porpoises 

(Southall et al., 2007). Rapid 

habituation was noted in some but not 

all studies. 

There are limited data available on 

the behavioral effects of non-pulse noise 

on pinnipeds while underwater; 

however, field and captive studies to 

date collectively suggest that pinnipeds 

do not react strongly to exposures 

between 90 and 140 dB re: 1 mPa; no 

data exist from exposures at higher 

levels. 

Impulse Sounds 

Southall et al. (2007) also addressed 

behavioral responses of marine 

mammals to impulse sounds (like 

impact pile driving). The studies that 

address the responses of mid-frequency 

cetaceans to impulse sounds include 

data gathered both in the field and the 

laboratory and related to several 

different sound sources (of varying 

similarity to boomers), including: small 

explosives, airgun arrays, pulse 

sequences, and natural and artificial 

pulses. The data show no clear 

indication of increasing probability and 

severity of response with increasing 

received level. Behavioral responses 

seem to vary depending on species and 

stimuli. Data on behavioral responses of 

high-frequency cetaceans to multiple 

pulses is not available. Although 

individual elements of some non-pulse 

sources (such as pingers) could be 

considered pulses, it is believed that 

some mammalian auditory systems 

perceive them as non-pulse sounds 

(Southall et al., 2007). 

The studies that address the responses 

of pinnipeds in water to impulse sounds 

include data gathered in the field and 

related to several different sources, 

including: small explosives, impact pile 

driving, and airgun arrays. Quantitative 

data on reactions of pinnipeds to 

impulse sounds is limited, but a general 

finding is that exposures in the 150 to 

180 dB range generally have limited 

potential to induce avoidance behavior 

(Southall et al., 2007). 

As discussed below, impacts to 

marine mammal reproduction are not 

anticipated because there are no known 

pinniped rookeries within the proposed 

project area and Cobscook Bay is not a 

known breeding ground for cetaceans. 

Marine mammals may avoid the area 

around the hammer, thereby reducing 

their exposure to elevated sound levels. 

NMFS expects any impacts to marine 

mammal behavior to be temporary, 

Level B harassment (for example, 

avoidance or alteration of behavior). 

ORPC conservatively assumes 12 pile 

driving days may occur over the validity 

of the IHA. Marine mammal injury or 

mortality is not likely, as the 180 dB 

isopleth (NMFS’ Level A harassment 

threshold for cetaceans) for the impact 

hammer is expected to be no more than 

a 100-m (328 ft) radius. ORPC proposes 

to continuously monitor a 152-m (500- 

ft) area around the sound source and 

cease all pile driving if a marine 

mammal is observed nearing or within 

this 152-m (500-ft) isopleth. 

Anticipated Effects on Habitat 

No permanent detrimental impacts to 

marine mammal habitat are expected to 

result from pile driving. Pile driving 

(resulting in temporary ensonification) 

may impact prey species and marine 

mammals by causing avoidance or 

abandonment of the area; however these 

impacts are expected to be local and 

temporary. The benthic impact of the 

foundation for this phase of the 

proposed project will be about 10 m2

(113 ft2) during pile placement. While 

the foundation frame will take up a 

limited amount of space on the seafloor, 

there are no expected adverse impacts to 

marine mammal habitat. 

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 adverse 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. There are no 

subsistence hunting grounds within the 

action area and since the activity will 

not result in marine mammal mortality, 

the availability of marine mammals for 

subsistence uses will not be impacted. 

ORPC will implement the following 

mitigation measures to minimize 

adverse impacts to marine mammals: 

Sound Attenuation Device 

When using a diesel impact hammer 

to ‘‘proof’’ piles, ORPC will use wooden 

sound absorption cushions and/or a 

bubble curtain to reduce hydroacoustic 

sound levels and avoid the potential for 

marine mammal injury. Based on 

previous studies, sound attenuation 

devices are expected to reduce sound 

levels by at least 5 dB. 


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15050 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 

Exclusion Zone 

The purpose of the proposed 

exclusion zone is to prevent Level A 

harassment (injury) of any marine 

mammal species. Current NMFS 

practice regarding exposure of marine 

mammals to anthropogenic sound is 

that in order to avoid the potential for 

injury (PTS), cetaceans and pinnipeds 

should not be exposed to impulsive 

sounds of 180 and 190 dB or above, 

respectively. These levels are 

considered precautionary as it is likely 

that more intense sounds would be 

required before injury would actually 

occur (Southall et al., 2007). During all 

in-water impact pile driving, ORPC will 

establish a preliminary marine mammal 

exclusion zone around each pile to 

avoid exposure to sounds at or above 

180 dB. The preliminary exclusion zone 

will have a radius of 152 m (500 ft). This 

encompasses the initial estimate of the 

180 dB isopleth, where injury could 

occur, plus a 52-m (171-ft) buffer zone. 

Once hydroacoustic monitoring is 

conducted, the exclusion and buffer 

zone may be adjusted accordingly so 

that marine mammals are not exposed to 

Level A harassment sound pressure 

levels. The exclusion zone will be 

monitored continuously during impact 

pile driving to ensure that no marine 

mammals enter the area. Protected 

species observers (PSOs) will be 

stationed on two observer boats, one 152 

m (500 ft) upstream and one 152 m (500 

ft) downstream of the installation site. 

One observer on each vessel will survey 

the exclusion zone, while the second 

observer will conduct behavioral 

monitoring outwards to a distance of 1 

nmi. Several floats anchored at 152 m 

(500 ft) and 305 m (1,000 ft) will be 

located around the installation site to 

help identify when marine mammals are 

entering or within the exclusion zone. 

An exclusion zone for vibratory pile 

driving or installation of concrete piles 

is unnecessary as source levels will not 

exceed the Level A harassment 

threshold. 

Pile Driving Shut Down and Delay 

Procedures 

If a PSO sees a marine mammal 

within or approaching the exclusion 

zone prior to start of impact pile 

driving, the observer will notify the onsite project lead (or other authorized 

individual) who will then be required to 

delay pile driving until the marine 

mammal has moved 305 m (1,000 ft) 

from the sound source or if the animal 

has not been resighted within 30 

minutes. If a marine mammal is sighted 

within or on a path toward the 152-m 

(500-ft) exclusion zone during pile 

driving, pile driving will cease until that 

animal has moved 305 m (1,000 ft) and 

is on a path away from the exclusion 

zone or 30 minutes has lapsed since the 

last sighting. 

Soft-start Procedures 

A ‘‘soft-start’’ technique will be used 

at the beginning of each pile installation 

to allow any marine mammal that may 

be in the immediate area to leave before 

the pile hammer reaches full energy. For 

vibratory pile driving, the soft-start 

procedure requires contractors to 

initiate noise from the vibratory hammer 

for 15 seconds at 40–60 percent reduced 

energy followed by a 1-minute waiting 

period. The procedure will be repeated 

two additional times before full energy 

may be achieved. For impact 

hammering, contractors will be required 

to provide an initial set of three strikes 

from the impact hammer at 40 percent 

energy, followed by a 1-minute waiting 

period, then two subsequent three-strike 

sets. Soft-start procedures will be 

conducted any time hammering ceases 

for more than 30 minutes. 

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 IHAs 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. 

Hydroacoustic monitoring will be 

performed at the initial installation of 

each pile driving method to ensure that 

the harassment isopleths are not 

extending past the calculated distances 

described in this notice and the 

proposed IHA (77 FR 2701, January 19, 

2012) and to assess the efficiency of the 

sound attenuation devices. ORPC will 

designate two biologically-trained, onsite PSOs, approved in advance by 

NMFS, to monitor the exclusion zone 

(preliminarily set at 152 m [500 ft]) for 

marine mammals 30 minutes before, 

during, and 30 minutes after all impact 

pile driving activities and call for shut 

down if any marine mammal is 

observed within or approaching the 

exclusion zone. These PSOs will be 

positioned on two vessels, one anchored 

upstream and one anchored 

downstream at 152 m (500 ft) on the 

edge of the exclusion zone. One 

observer on each vessel will survey 

inwards toward the pile driving site and 

the second observer will conduct 

behavioral monitoring outwards to a 

distance of 1 nmi during all impact pile 

driving. Additional PSOs will be 

stationed at the Level B harassment 

isopleth (preliminarily set at 4,600 m 

[2.5 mi]) on at least three days of 

vibratory pile driving to validate take 

estimates and evaluate the behavioral 

impacts pile driving has on marine 

mammals out to the Level B harassment 

isopleth. 

PSOs will be provided with the 

equipment necessary to effectively 

monitor for marine mammals (for 

example, high-quality binoculars, 

compass, and range-finder as well as a 

digital SLR camera with telephoto lens 

and video capability) in order to 

determine if animals have entered into 

the exclusion zone or Level B 

harassment isopleth and to record 

species, behaviors, and responses to pile 

driving. If hydroacoustic monitoring 

indicates that threshold isopleths are 

greater than originally calculated, ORPC 

will contact NMFS within 48 hours and 

make the necessary adjustments. 

Likewise, if threshold isopleths are 

actually less than originally calculated, 

downward adjustments may be made to 

the exclusion and buffer zone. PSOs 

will submit a report to NMFS within 90 

days of completion of pile driving. The 

report will include data from marine 

mammal sightings (such as date, time, 

location, species, group size, and 

behavior), any observed reactions to 

construction, distance to operating pile 

hammer, and construction activities 

occurring at time of sighting and 

environmental data for the period (wind 

speed and direction, Beaufort sea state, 

cloud cover, and visibility). 

In the unanticipated event that the 

specified activity clearly causes the take 

of a marine mammal in a manner 

prohibited by the IHA, such as an injury 

(Level A harassment), serious injury, or 

mortality, ORPC will immediately cease 

the specified activities and immediately 

report the incident to the Acting Chief 

of the Permits and Conservation 

Division, Office of Protected Resources, 

NMFS, at 301–427–8401 and/or by 

email to Tammy.Adams@noaa.gov and 

Michelle.Magliocca@noaa.gov and the 

Northeast Regional Stranding 

Coordinator (Mendy.Garron@noaa.gov). 

The report must include the following 

information: 

• Time, date, and location (latitude/ 

longitude) of the incident; 

• Name and type of vessel involved; 

• Vessel’s speed during and leading 

up to the incident; 

• Description of the incident; 


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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 15051 

• Status of all sound source use in the 

24 hrs preceding the incident; 

• Water depth; 

• Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, and visibility); 

• Description of all marine mammal 

observations in the 24 hrs preceding the 

incident; 

• Species identification or 

description of the animal(s) involved; 

• Fate of the animal(s); and 

• Photographs or video footage of the 

animal(s) (if equipment is available). 

Activities will not resume until NMFS 

is able to review the circumstances of 

the prohibited take. NMFS will work 

with ORPC to determine what is 

necessary to minimize the likelihood of 

further prohibited take and ensure 

MMPA compliance. ORPC may not 

resume their activities until notified by 

NMFS via letter, email, or telephone. 

In the event that ORPC discovers an 

injured or dead marine mammal, and 

the lead PSO determines that the cause 

of the injury or death is unknown and 

the death is relatively recent (i.e., in less 

than a moderate state of decomposition 

as described in the next paragraph), 

ORPC will immediately report the 

incident to the Acting Chief of the 

Permits and Conservation Division, 

Office of Protected Resources, NMFS, at 

301–427–8401, and/or by email to 

Tammy.Adams@noaa.gov and 

Michelle.Magliocca@noaa.gov and the 

Northeast Regional Stranding 

Coordinator at 978–281–9300 

(Mendy.Garron@noaa.gov). The report 

must include the same information 

identified in the paragraph above. 

Activities may continue while NMFS 

reviews the circumstances of the 

incident. NMFS will work with ORPC to 

determine whether modifications in the 

activities are appropriate. 

In the event that ORPC discovers an 

injured or dead marine mammal, and 

the lead PSO determines that the injury 

or death is not associated with or related 

to the activities authorized in the IHA 

(e.g., previously wounded animal, 

carcass with moderate to advanced 

decomposition, or scavenger damage), 

ORPC will report the incident to the 

Acting Chief of the Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at 301– 

427–8401, and/or by email to 

Tammy.Adams@noaa.gov and 

Michelle.Magliocca@noaa.gov and the 

NMFS Northeast Stranding Hotline 

(866–755–6622) and/or by email to the 

Northeast Regional Stranding 

Coordinator (Mendy.Garron@noaa.gov), 

within 24 hrs of the discovery. ORPC 

will provide photographs or video 

footage (if available) or other 

documentation of the stranded animal 

sighting to NMFS and the Marine 

Mammal Stranding Network. Activities 

may continue while NMFS reviews the 

circumstances of the incident. 

Estimated Take by Incidental 

Harassment 

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]. 

Based on the application and 

subsequent analysis, the impact of the 

described pile driving activities, in 

conjunction with the required 

mitigation and monitoring measures, 

may result in, at most, short-term 

modification of behavior by small 

numbers of marine mammals within the 

action area. Marine mammals may avoid 

the area or temporarily alter their 

behavior at time of exposure. Current 

NMFS practice regarding exposure of 

marine mammals to anthropogenic 

noise is that in order to avoid the 

potential for injury (PTS), cetaceans and 

pinnipeds should not be exposed to 

impulsive sounds of 180 and 190 dB or 

above, respectively. This level is 

considered precautionary as it is likely 

that more intense sounds would be 

required before injury would actually 

occur (Southall et al., 2007). Potential 

for behavioral Level B harassment is 

considered to have occurred when 

marine mammals are exposed to sounds 

at or above 160 dB for impulse sounds 

(such as impact pile driving) and 120 dB 

for non-pulse noise (such as vibratory 

pile driving). These levels are also 

considered precautionary. 

Distances to NMFS’ harassment 

thresholds were calculated based on the 

expected sound levels at each source 

and the expected attenuation rate of 

sound (see 77 FR 2701, January 19, 

2012). The 100-m (328-ft) distance to the 

Level A harassment threshold provides 

protected species observers plenty of 

time and adequate visibility to prevent 

marine mammals from entering the area 

during impact pile driving. This will 

prevent marine mammals from being 

exposed to sound levels that reach the 

Level A harassment threshold. 

Based on ORPC’s marine mammal 

monitoring records and the maximum 

number of pile driving days, NMFS 

authorized the take by Level B 

harassment of 72 total seals (because 

they cannot always be identified to the 

species-level), 72 harbor porpoises, and 

two Atlantic white-sided dolphins. 

These numbers are extremely 

conservative and indicate the maximum 

number of animals expected to occur 

within the largest Level B harassment 

isopleth 4,600 m (2.5 mi). For more 

detailed information on how these 

numbers were calculated, see the notice 

of proposed IHA (77 FR 2701, January 

19, 2012). 

Negligible Impact and Small Numbers 

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.’’ 

In making a negligible impact 

determination, NMFS considers a 

number of factors which include, but 

are not limited to, the number of 

anticipated injuries or mortalities (none 

of which would be authorized here), 

number, nature, intensity, and duration 

of Level B harassment, and the context 

in which takes occur. 

As described above, marine mammals 

will not be exposed to activities or 

sound levels which could result in 

injury (PTS), serious injury, or 

mortality. Pile driving will occur in 

relatively shallow coastal waters of 

Cobscook Bay. The project area is not 

considered significant habitat for marine 

mammals. The closest significant 

pinniped haul out is more than six nmi 

away, which is well outside the project 

area’s largest harassment zone. Marine 

mammals approaching the action area 

will likely be traveling or 

opportunistically foraging. The amount 

of take NMFS authorized, is considered 

small (less than one percent) relative to 

the estimated populations of 91,000 

harbor seals, 250,000 gray seals, 89,054 

harbor porpoises, and 63,000 Atlantic 

white-sided dolphins. Marine mammals 

may be temporarily impacted by pile 

driving noise. However, marine 

mammals are expected to avoid the area, 

thereby reducing exposure and impacts, 

and mitigation will prevent injury. Pile 

driving activities are expected to occur 

for about 7–12 days total. There is no 

anticipated effect on annual rates of 

recruitment or survival of affected 

marine mammals. Based on the 

application and subsequent analysis, the 

impact of the described pile driving 

operations may result in, at most, shortterm modification of behavior by small 

numbers of marine mammals within the 

action area. Marine mammals may avoid 


srobinson on DSK4SPTVN1PROD with NOTICES
15052 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 

the area or temporarily alter their 

behavior at time of exposure. 

Based on the analysis contained in 

this notice, the proposed IHA notice (77 

FR 2701, January 19, 2012), and the IHA 

application, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, 

NMFS has determined that ORPC’s pile 

driving activities will result in the 

incidental take of small numbers of 

marine mammals, by Level B 

harassment only, and that the total 

taking will have a negligible impact on 

the affected species or stocks. 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

Endangered Species Act (ESA) 

No marine mammal species listed 

under the ESA are anticipated to occur 

within the action area. Therefore, 

section 7 consultation under the ESA is 

not required. 

National Environmental Policy Act 

(NEPA) 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), as implemented by 

the regulations published by the 

Council on Environmental Quality (40 

CFR parts 1500–1508), and NOAA 

Administrative Order 216–6, NMFS 

prepared an Environmental Assessment 

(EA) to consider the environmental 

impacts of issuance of a 1-year IHA and 

made a finding of no significant impact 

FONSI. The EA and FONSI are available 

on the NMFS Web site listed in the 

beginning of this document (see 

ADDRESSES). 

Dated: March 8, 2012. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2012–6196 Filed 3–13–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Dataset Workshop—U.S. Billion Dollar 

Disasters Dataset (1980–2011): 

Assessing Dataset Strengths and 

Weaknesses for a Pathway to an 

Improved Dataset 

AGENCY: National Environmental 

Satellite, Data, and Information Service 

(NESDIS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Notice of request for 

information. 

SUMMARY: This notice sets forth the 

schedule and topics of an upcoming 

workshop hosted by NOAA’s National 

Climatic Data Center in Asheville, North 

Carolina. Invited participants will 

discuss topics as outlined below. 

Members of the administrative public, 

private and academic sectors are invited 

to attend the workshop, and are 

required to fulfill a request to RSVP to 

Karen.L.Miller@noaa.gov by 5 p.m. EDT, 

Friday, April 27, 2012 if they wish to 

attend. The workshop is to be held in 

a federal facility; building-security 

restrictions preclude attendance for 

those who do not RSVP by the deadline. 

Space is also limited to the first 35 

responses, but remote access via 

webinar will be made available for the 

first 50 participants requesting webinar 

participation. The remote access 

participation information will be 

provided on an individual basis once 

participation has been confirmed 

through RSVP. 

Workshop Date and Time: The 

workshop will be held on May 3, 2012 

from 9 a.m. to 5 p.m. and May 4, 2012 

from 9 a.m. to 12:30 p.m. 

RSVP Deadline: Anyone wishing to 

attend the workshop must RSVP no later 

than 5:00 pm EDT on April 27, 2012. 

ADDRESSES: The workshop will be held 

at the Veach-Baley Federal Complex, 

located at 151 Patton Avenue, Asheville, 

North Carolina 28801. 

FOR FURTHER INFORMATION CONTACT: 

Adam Smith, National Climatic Data 

Center, 151 Patton Avenue, Rm. 471, 

Asheville, North Carolina 28801. 

(Phone: 828–271–4183, Email: 

Adam.Smith@noaa.gov) For RSVP 

responses, use the email address noted 

above (Karen.L.Miller@noaa.gov). 

Workshop Goals 

The workshop will focus on a review, 

discussion, and evaluation of NOAA’s 

U.S. Billion Dollar Disasters (1980– 

2011) dataset and associated methods 

used to develop the data set. An 

important goal of the meeting is to 

identify strengths and weaknesses of the 

current dataset and related 

methodology. Emphasis will be placed 

on dataset accuracy and time-dependent 

biases. Pathways to overcome accuracy 

and bias issues will be an important 

focus. 

Participants will consider: 

• Historical development and current 

state of the U.S. Billion Dollar Disasters 

Report; 

• What additional data sources and/ 

or new methods should be considered to 

enhance the robustness of the Billion 

Dollar Disasters dataset; 

• Examination of unique 

uncertainties related to the cost of each 

of the major types of weather and 

climate disasters the data set addresses; 

• What steps should be taken to 

enhance the robustness of the billiondollar disaster dataset and the input 

sources used for it; and 

• What steps might NOAA take to 

leverage the expertise of the public, 

private and academic partners in the 

development, maintenance and the 

timely review/revision of the U.S. 

Billion Dollar Dataset in the long-term? 

The report from this workshop will 

include: 

Æ A peer review of the current 

methods used to estimate disaster costs. 

Æ Guidance for improving these 

methods. 

Æ Recommendations for rectifying 

any known time-dependent biases. 

Æ Recommendations for minimizing 

future errors and biases. 

Mary E. Kicza, 

Assistant Administrator for Satellite and 

Information Services. 

[FR Doc. 2012–6069 Filed 3–13–12; 8:45 am] 

BILLING CODE P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

National Ocean Council—National 

Ocean Policy Draft Implementation 

Plan 

AGENCY: Council on Environmental 

Quality. 

ACTION: Extension of comment period. 

SUMMARY: On July 19, 2010, President 

Obama signed Executive Order 13547 

establishing a National Policy for the 

Stewardship of the Ocean, our Coasts, 

and the Great Lakes (National Ocean 

Policy). As part of the President’s charge 

for Federal agencies to implement the 

National Ocean Policy, the National 

Ocean Council developed actions to 

achieve the Policy’s nine priority 

objectives, and to address some of the 

most pressing challenges facing the 

ocean, our coasts, and the Great Lakes. 

Collectively, the actions are 

encompassed in a single draft National 

Ocean Policy Implementation Plan 

(Implementation Plan). The draft 

Implementation Plan describes more 

than 50 actions the Federal Government 

will take to improve the health of the 

ocean, coasts, and Great Lakes, which 

support tens of millions of jobs, 


srobinson on DSK4SPTVN1PROD with NOTICES