15548 Federal Register / Vol. 89, No. 43 / Monday, March 4, 2024 / Notices 

—Briefing from CISA on Secure 

Software Attestation Requirements, 

—Briefing from NIST on Software 

Memory Safety Implementations, 

—Briefing from and discussion with the 

Director of the Office of the National 

Cybersecurity on the Open Source 

Software Security Report, 

—An invited talk from the Office of 

Management and Budget on Agency 

Zero Trust Implementation Progress, 

—Discussion on Adversarial Machine 

Learning Taxonomies and Machine 

Learning Threat Models, 

—Board discussions and deliberations 

on security for software and the U.S. 

Government use of software, 

—Public comments, 

—Board Discussions and 

Recommendations. 

Note that agenda items may change 

without notice. The final agenda will be 

posted on the ISPAB event page: https:// 

csrc.nist.gov/events/2024/ispab-march2024-meeting. Seating will be available 

for the public and media. 

Public Participation: Written 

questions or comments from the public 

are invited and may be submitted 

electronically by email to Jeff Brewer at 

the contact information indicated in the 

FOR FURTHER INFORMATION CONTACT

section of this notice by 5:00 p.m., 

Eastern Time, on Tuesday, March 19, 

2024. 

The ISPAB agenda will include a 

period, not to exceed thirty minutes, for 

submitted questions or comments from 

the public between 3:00 p.m. and 3:30 

p.m. on Wednesday, March 20, 2024. 

Submitted questions or comments from 

the public will be selected on a firstcome, first-served basis and limited to 

five minutes per person. 

Members of the public who wish to 

expand upon their submitted 

statements, those who had wished to 

submit a question or comment but could 

not be accommodated on the agenda, 

and those who were unable to attend the 

meeting are invited to submit written 

statements. In addition, written 

statements are invited and may be 

submitted to the ISPAB at any time. All 

written statements should be directed to 

the ISPAB Secretariat, Information 

Technology Laboratory by email to: 

jeffrey.brewer@nist.gov. 

Admittance Instructions: No 

registration is required for this in-person 

only meeting. 

Tamiko Ford, 

NIST Executive Secretariat. 

[FR Doc. 2024–04422 Filed 3–1–24; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID: 0648–XD697] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to the Port of Alaska 

Modernization Program Phase 2: 

Cargo Docks Replacement Project in 

Anchorage, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

Letter of Authorization; request for 

comments and information. 

SUMMARY: NMFS has received a request 

from the Port of Alaska (POA) for 

authorization to take small numbers of 

marine mammals incidental to 

construction activities related to the 

Port of Alaska Modernization Program 

(PAMP) Phase 2B: Cargo Docks 

Replacement Project, including impact 

and vibratory pile driving at the POA in 

Anchorage, Alaska, over the course of 5 

years from the date of issuance. 

Pursuant to regulations implementing 

the Marine Mammal Protection Act 

(MMPA), NMFS is announcing receipt 

of the POA’s request for the 

development and implementation of 

regulations governing the incidental 

taking of marine mammals. NMFS 

invites the public to provide 

information, suggestions, and comments 

on the POA’s application and request. 

DATES: Comments and information must 

be received no later than April 3, 2024. 

ADDRESSES: Comments on the 

applications 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 East-West 

Highway, Silver Spring, MD 20910 and 

electronic comments should be sent to 

ITP.Hotchkin@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/node/ 

23111 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: Cara 

Hotchkin, Office of Protected Resources, 

NMFS, (301) 427–8401. An electronic 

copy of the POA’s application may be 

obtained online at: https://www.

fisheries.noaa.gov/national/marinemammal-protection/incidental-takeauthorizations-construction-activities. 

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 incidental take authorization 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, 


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Federal Register / Vol. 89, No. 43 / Monday, March 4, 2024 / Notices 15549 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

Summary of Request 

On January 3, 2023, NMFS received 

an application from the POA requesting 

authorization for take of marine 

mammals incidental to construction 

activities related to the PAMP Phase 2B: 

Cargo Terminals Reconstruction at the 

POA in Anchorage, Alaska. NMFS 

provided comments on the application 

on March 3, 2023, April 20, 2023, and 

May 18, 2023. After the applicant 

submitted a revised application on 

October 13, 2023, and responded to 

additional questions sent on December 

20, 2023, we determined the application 

was adequate and complete on February 

12, 2024. The requested regulations 

would be valid for 5 years, from April 

1, 2026 through March 31, 2031. The 

POA plans to conduct necessary work, 

including impact and vibratory pile 

driving, to demolish the existing cargo 

terminals 1 and 2 and partially 

demolish terminal 3, and to construct 

new terminals 1 and 2. The proposed 

action may incidentally expose marine 

mammals occurring in the vicinity to 

elevated levels of underwater sound, 

thereby resulting in incidental take, by 

Level A and Level B harassment. 

Therefore, the POA requests 

authorization to incidentally take 

marine mammals. 

Specified Activities 

The POA was constructed primarily 

in the 1960s, and is currently in poor 

condition and substantially past its 

initial design life. The existing cargo 

terminals T1, T2, and T3 are 

deteriorating and in poor structural 

condition, and present safety and 

security concerns for human health and 

the economic stability of the state of 

Alaska. The PAMP is designed to 

replace the existing facilities with new 

infrastructure incorporating modern 

seismic codes over a 75-year design life. 

PAMP Phase 2B includes the demolition 

and replacement of terminals T1 and 

T2, and the partial demolition of T3. 

This phase is expected to take 

approximately 6 years to complete; this 

request is for the first 5 years of 

construction. Activities proposed for 

year 6 will be covered in an additional 

IHA request submitted prior to the end 

of the 5-year period of effectiveness for 

the requested incidental take 

regulations. Pile installation will 

include both temporary (36-inch (in)) 

and permanent (72-in) steel pipe piles 

by impact and vibratory hammers. 

Removal of temporary piles and existing 

structures (16-in to 42-in steel pipe 

piles) will be primarily by cutting; deadpull and vibratory extraction methods 

may also be used. Existing piles may 

also be left standing in their current 

positions. Approximately 261 

permanent piles and 470 temporary 

piles will be installed and 

approximately 48 temporary piles will 

be extracted with a vibratory hammer 

over the 5-year period. The work is 

expected to require approximately 337 

days between the months of April and 

November over the 5 year period. The 

POA requests take of marine mammals 

by Level B harassment for seven species 

(including Cook Inlet beluga whales 

(Delphinapterus leucas)), and take by 

Level A harassment of five species. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning the POA’s request (see 

ADDRESSES). NMFS will consider all 

information, suggestions, and comments 

related to the request during the 

development of proposed regulations 

governing the incidental taking of 

marine mammals by the POA, if 

appropriate. 

Dated: February 28, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–04487 Filed 3–1–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD736] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Phase II of the 

Richmond-San Rafael Bridge 

Restoration Project in Richmond, 

California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments on 

proposed renewal incidental harassment 

authorization. 

SUMMARY: NMFS received a request from 

the California Department of 

Transportation (Caltrans) for the 

renewal of their currently active 

incidental harassment authorization 

(IHA) to take marine mammals 

incidental to Phase II of the RichmondSan Rafael Bridge Restoration Project in 

Richmond, California. Caltrans’ 

activities will not be completed prior to 

the IHA’s expiration. Pursuant to the 

Marine Mammal Protection Act 

(MMPA), prior to issuing the currently 

active IHA, NMFS requested comments 

on both the proposed IHA and the 

potential for renewing the initial 

authorization if certain requirements 

were satisfied. The renewal 

requirements have been satisfied, and 

NMFS is now providing an additional 

15-day comment period to allow for any 

additional comments on the proposed 

renewal not previously provided during 

the initial 30-day comment period. 

DATES: Comments and information must 

be received no later than March 19, 

2024. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service, and should be 

submitted via email to ITP.cockrell@

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, including all 

attachments, must not exceed a 25- 

megabyte file size. Attachments to 

comments will be accepted in Microsoft 

Word, 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/permit/incidentaltake-authorizations-under-marinemammal-protection-act 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. 

Electronic copies of the original 

application, renewal request, and 

supporting documents (including NMFS 

Federal Register notices of the original 

proposed and final authorizations, and 

the previous IHA), as well as a list of the 

references cited in this document, may 

be obtained online at: https://www.

fisheries.noaa.gov/action/incidentaltake-authorization-californiadepartment-transportations-richmondsan-rafael. In case of problems accessing 

these documents, please contact the 

analyst listed below. 

FOR FURTHER INFORMATION CONTACT: 

Craig Cockrell, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 


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