Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Notices 83459 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE364] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Pacific Gas & 

Electric Sediment Remediation Project, 

San Francisco Bay 

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 

Pacific Gas & Electric Company (PG&E) 

for the renewal of their currently active 

incidental harassment authorization 

(IHA) to take marine mammals 

incidental to construction associated 

with a sediment remediation project in 

San Francisco Bay, CA. Pursuant to the 

Marine Mammal Protection Act, 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 October 31, 

2024. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, NMFS, 

and should be submitted via email to 

ITP.jacobus@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/ 

incidental-take-authorizations-undermarine-mammal-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/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Kristy Jacobus, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The Marine Mammal Protection Act 

(MMPA) prohibits the ‘‘take’’ of marine 

mammals, with certain exceptions. 

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

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

the Secretary of Commerce (as delegated 

to NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are promulgated or, if the 

taking is limited to harassment, an 

incidental harassment authorization is 

issued. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). NMFS must also prescribe 

requirements pertaining to monitoring 

and reporting of such takings. The 

definition of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in the MMPA and the 

NMFS’s implementing regulations (see 

16 U.S.C. 1362; 50 CFR 216.103). 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

1 year for each reauthorization. In the 

notice of proposed IHA for the initial 

IHA, NMFS described the circumstances 

under which we would consider issuing 

a renewal for this activity, and 

requested public comment on a 

potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal of an IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

notice of issuance of the initial IHA, 

provided all of the following conditions 

are met: 

1. A request for renewal is received no 

later than 60 days prior to the needed 

renewal IHA effective date (recognizing 

that the renewal IHA expiration date 

cannot extend beyond 1 year from 

expiration of the initial IHA). 

2. The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take); and 

• 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. 

3. 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 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

of 15 days (for a total of 45 days), with 

direct notice by email, phone, or postal 


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83460 Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Notices 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

renewal. A description of the renewal 

process may be found on our website at: 

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

national/marine-mammal-protection/ 

incidental-harassment-authorizationrenewals. Any comments received on 

the potential renewal, along with 

relevant comments on the initial IHA, 

have been considered in the 

development of this proposed IHA 

renewal, and a summary of agency 

responses to applicable comments is 

included in this notice. NMFS will 

consider any additional public 

comments prior to making any final 

decision on the issuance of the 

requested renewal, and agency 

responses will be summarized in the 

final notice of our decision. 

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 

IHA) with respect to potential impacts 

on the human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (incidental 

take 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 

determined that the issuance of the 

initial IHA qualified to be categorically 

excluded from further NEPA review. 

NMFS has preliminarily determined 

that the application of this categorical 

exclusion remains appropriate for this 

renewal IHA. 

History of Request 

On January 30, 2024, NMFS issued an 

IHA to PG&E to take marine mammals 

incidental to construction associated 

with sediment remediation in San 

Francisco Bay, CA (89 FR 5865), 

effective from May 1, 2024, through 

April 30, 2025. On September 26, 2024, 

NMFS received an application for the 

renewal of that initial IHA. As described 

in the application for renewal IHA, the 

activities for which incidental take is 

requested are nearly identical to those 

covered in the initial IHA. Although 

PG&E anticipates that construction will 

begin during the timeframe of the initial 

IHA, no work has yet commenced and 

therefore no preliminary monitoring 

data are available. 

Description of the Specified Activities 

and Anticipated Impacts 

The planned activities are nearly 

identical to those analyzed in the initial 

IHA. As the first phase of a 5- to 7-year 

project to remediate sediments impacted 

with polycyclic aromatic hydrocarbons 

(PAHs) in San Francisco Bay, PG&E is 

planning to install hydroacoustic data 

collection piles, piles to attach a 

turbidity curtain, sediment pins to 

promote slope stability, and install and 

remove piles to relocate the Red and 

White Fleet (RWF). A detailed 

description of these activities can be 

found in the Notice of the Proposed IHA 

(88 FR 82836, November 27, 2023). 

Under the initial IHA, eight 24-inch 

steel shell piles and eight 36-inch steel 

shell piles were to be installed and 

removed for the RWF Relocation. Under 

the renewal IHA, PG&E proposes to 

install and remove 10 24-inch piles and 

10 36-inch steel shell piles for the RWF 

Relocation. No more than four of each 

of these piles would be installed or 

removed per day. As analyzed in the 

initial IHA, installation of these piles 

would be done through primarily 

vibratory pile driving with impact pile 

driving only as needed to seat the piles. 

Removal would be through vibratory 

methods. The remainder of the work 

would be identical to that of the initial 

IHA, and the total proposed number of 

days of in-water work would be the 

same. 

Under the initial IHA, take by Level 

B harassment from pile driving was 

authorized for harbor seal (Phoca 

vitulina), northern elephant seal 

(Mirounga angustirostris), California sea 

lion (Zalophus californianus), northern 

fur seal (Callorhinus ursinus), Steller 

sea lion (Eumetopias jubatus), 

bottlenose dolphin (Tursiops truncatus), 

and harbor porpoise (Phocoena 

phocoena). Under the renewal IHA, 

NMFS proposes to take, by Level B 

harassment, the same number of these 

species as were authorized under the 

initial IHA. 

Documents related to the initial IHA 

including the Federal Register notices 

for the proposed IHA (88 FR 82836, 

November 27, 2023) and final IHA (89 

FR 5865, January 30, 2024) and PG&E’s 

application can be found at https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-pacificgas-electric-sediment-remediationproject-san. 

Detailed Description of the Activity 

A detailed description of the pile 

driving activities for which take is 

proposed here may be found in the 

notices of the proposed and final IHAs 

(88 FR 82836, November 27, 2023; 89 

FR 5865, January 30, 2024) for the initial 

authorization. The location, timing, and 

nature of the activities, including the 

types of equipment planned for use, are 

identical to those described in the 

previous notices. 

The only minor change that PG&E 

proposes for this renewal IHA is the 

addition of two 24-inch and two 36-inch 

steel shell piles in the RWF relocation, 

which would be installed with vibratory 

pile driving and impact pile driving 

only as needed to seat the piles. The 

piles would be removed with vibratory 

methods. The addition of these piles 

would not change the proposed number 

of in-water work days (50 days; see table 

1). The proposed renewal would be 

effective for a period not exceeding 1 

year from the date of expiration of the 

initial IHA. The effective dates would be 

from May 1, 2025, to April 30, 2026. 

TABLE 1—SCHEDULE OF IN-WATER CONSTRUCTION

Type of pile Total number of pile installation/ 

removal 

Number of piles 

installed/removed 

per day 

Days of pile 

driving or 

removal 

Turbidity Curtain (Steel H-Piles or Steel Shell Pile ≤24 inches) 40 (20 installed, 20 removed) ............. 4 10 

RWF Temporary Relocation (24-inch and 36-inch Steel Shell 

Piles).

40 (20 installed, 20 removed) ............. 4 10 

Sediment Pin Installation (14- to 16-inch timber or plastic) ......... 120 (installation only) .......................... 8 15 

Hydroacoustic Data Collection Piles (18-inch composite) ........... 20 (10 installed, 10 removed) ............. 2 10 


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Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Notices 83461 

TABLE 1—SCHEDULE OF IN-WATER CONSTRUCTION—Continued 

Type of pile Total number of pile installation/ 

removal 

Number of piles 

installed/removed 

per day 

Days of pile 

driving or 

removal 

Total ...................................................................................... 180 ...................................................... .................................. 45 

Total (+10% buffer) ............................................................... ............................................................. * 50 

* Rounded to maximum number of full days 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

authorization of take is proposed here, 

including information on abundance, 

status, distribution, and hearing, may be 

found in the notice of the proposed IHA 

(88 FR 82836, November 27, 2023) for 

the initial authorization. NMFS has 

reviewed the 2023 draft Stock 

Assessment Reports (SARs), information 

on relevant Unusual Mortality Events, 

and other scientific literature, and 

determined there is no new information 

that affects which species or stocks have 

the potential to be affected or the 

pertinent information in the Description 

of the Marine Mammals in the Area of 

Specified Activities contained in the 

supporting documents for the initial 

IHA. The abundance estimate for the 

Eastern stock of the Steller sea lion has 

decreased from 43,201 to 36,308 

according to the 2023 draft SAR (Young 

et al., 2024), but this does not change 

estimated take numbers or influence the 

findings made in support of the initial 

IHA. 

Potential Effects on Marine Mammals 

and Their Habitat 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which an authorization of 

incidental take is proposed here may be 

found in the notice of the proposed IHA 

(88 FR 82836, November 27, 2023) for 

the initial authorization. NMFS has 

reviewed recent draft SARs, information 

on relevant Unusual Mortality Events, 

and other scientific literature, and 

determined that there is no new 

information that affects our initial 

analysis of impacts on marine mammals 

and their habitat. 

Estimated Take 

A detailed description of the methods 

and inputs used to estimate take for the 

specified activity is found in the notices 

of the proposed and final IHAs (88 FR 

82836, November 27, 2023; 89 FR 5865, 

January 30, 2024) for the initial 

authorization. The only changes PG&E 

proposes to make for the renewal IHA 

is to add 2 24-inch steel shell piles and 

2 36-inch steel shell piles, resulting in 

a total of 10 of each piles, for 

installation and removal in the RWF 

Relocation portion of the project. The 

source levels, days of operation, and 

marine mammal occurrence data 

applicable to this authorization remain 

unchanged from the previously issued 

IHA. Similarly, the stocks taken, 

methods of take, and types of take 

remain unchanged from the previously 

issued IHA, as do the number of takes, 

which are indicated below in table 2. 

TABLE 2—SUMMARY OF MARINE MAMMAL TAKES BY SPECIES

Species Stock 

Proposed 

Level B 

harassment 

takes 

Stock abundance Percent of stock 

(%) 

Harbor seal ................................................. California .................................................... 1,000 30,968 .................. 3.2 

Northern elephant seal ............................... California breeding .................................... 25 187,386 ................ 0.01 

California sea lion ....................................... United States ............................................. 9,550 257,606 ................ 3.7 

Northern fur seal ........................................ California; Eastern North Pacific ............... 5 14,050; 626,618 ... 0.04; 0.001 

Steller sea lion ............................................ Eastern ...................................................... 5 36,308 .................. 0.01 

Bottlenose dolphin ...................................... Coastal California ...................................... 25 453 ....................... 5.5 

Harbor porpoise .......................................... San Francisco-Russian River .................... 100 7,777 .................... 1.3 

On May 3, 2024, NMFS published (89 

FR 36762) and solicited public comment 

on its draft Updated Technical 

Guidance (https://

www.fisheries.noaa.gov/s3/2024-05/ 

NMSFAcousticGuidanceDraftTECHMEMOGuidance-3.0-FEB-24- 

OPR1.pdf), which includes updated 

thresholds and weighting functions to 

inform auditory injury estimates, and is 

intended to replace the 2018 Technical 

Guidance referenced in the notices for 

the proposed and final IHA (88 FR 

82836, November 27, 2023; 89 FR 5865, 

January 30, 2024), once finalized. The 

public comment period ended on June 

17, 2024, and although the Updated 

Technical Guidance is not final, NMFS 

expects the Updated Technical 

Guidance to represent the best available 

science once it is. In consideration of 

the best available science, NMFS has 

conducted calculations using the draft 

Updated Technical Guidance and NMFS 

draft optional user spreadsheet, using 

the source levels and spreadsheet inputs 

provided in the notices for the proposed 

and final IHAs (88 FR 82836, November 

27, 2023; 89 FR 5865, January 30, 2024), 

for the purpose of understanding how 

Level A harassment (auditory injury) 

zones would change from the initial 

IHA. The relevant draft updated 

weighting functions may be found in the 

executive summary of the draft Updated 

Technical Guidance, on page 3. The 

draft updated marine mammal hearing 

groups and draft updated thresholds can 

be found in tables 3 and 4. 


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83462 Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Notices 

TABLE 3—MARINE MAMMAL HEARING GROUPS

[NMFS, 2024] 

Hearing group Generalized hearing 

range * 

Low-frequency (LF) cetaceans (baleen whales) ..................................................................................................................... 7 Hz to 36 kHz. 

High-frequency (HF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ......................................... 150 Hz to 160 kHz. 

Very High-frequency (VHF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus cruciger 

& L. australis).

200 Hz to 165 kHz. 

Phocid pinnipeds (PW) (underwater) (true seals) ................................................................................................................... 40 Hz to 90 kHz. 

Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) .............................................................................................. 60 Hz to 68 kHz. 

* Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ 

hearing ranges may not be as broad. Generalized hearing range chosen based on ∼65-dB threshold from composite audiogram, previous analysis in NMFS, 2018, and/or data from Southall et al., 2007; Southall et al., 2019. Additionally, animals are able to detect very loud sounds above 

and below that ‘‘generalized’’ hearing range. 

TABLE 4—ONSET OF AUDITORY INJURY (AUD INJ) 

[NMFS, 2024] 

Hearing group 

AUD INJ onset thresholds * (received level) 

Impulsive Non-impulsive 

Low-Frequency (LF) Cetaceans ...................................... Cell 1: Lp,0-pk,flat: 222 dB; Lp,E,p,LF,24h: 183 dB ............... Cell 2: LE,p,LF,24h: 197 dB. 

High-Frequency (HF) Cetaceans ..................................... Cell 3: Lp,0-pk,flat: 230 dB; LE,p,HF,24h: 193 dB ................. Cell 4: LE,p,HF,24h: 201 dB. 

Very High-Frequency (VHF) Cetaceans .......................... Cell 5: Lp,0-pk,flat: 202 dB; LE,p,VHF,24h: 159 dB ............... Cell 6: LE,p,VHF,24h: 181 dB. 

Phocid Pinnipeds (PW) (Underwater) ............................. Cell 7: Lp,0-pk.flat: 223 dB; LE,p,PW,24h: 183 dB ................ Cell 8: LE,p,PW,24h: 195 dB. 

Otariid Pinnipeds (OW) (Underwater) ............................. Cell 9: Lp,0-pk,flat: 230 dB; LE,p,OW,24h: 185 dB ................ Cell 10: LE,p,OW,24h: 199 

dB. 

* Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating AUD INJ onset. If a non-impulsive 

sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds are recommended for consideration. 

Note: Peak sound pressure level (Lp,0-pk) has a reference value of 1 μPa, and weighted cumulative sound exposure level (LE,p) has a reference value of 1μPa2s. In this table, thresholds are abbreviated to be more reflective of International Organization for Standardization standards 

(ISO, 2017). The subscript ‘‘flat’’ is being included to indicate peak sound pressure are flat weighted or unweighted within the generalized hearing range of marine mammals (i.e., 7 Hz to 165 kHz). The subscript associated with cumulative sound exposure level thresholds indicates the 

designated marine mammal auditory weighting function (LF, HF, and VHF cetaceans, and PW and OW pinnipeds) and that the recommended 

accumulation period is 24 hours. The weighted cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these 

thresholds will be exceeded. 

NMFS has also considered whether 

modifications to mitigation 

requirements, i.e., shutdown zones, 

would be appropriate in light of the 

draft Updated Technical Guidance. 

Based on the outcome of these analyses 

using the draft Updated Technical 

Guidance, alternate Level A harassment 

zones are presented in table 5, as well 

as the Level A harassment zones from 

the initial IHA, based on the 2018 

Technical Guidance, for comparison. 

Proposed mitigation zones, in 

consideration of the draft Updated 

Technical Guidance where appropriate, 

are discussed in the Description of 

Proposed Mitigation, Monitoring and 

Reporting Measures section. 

Although some estimated Level A 

harassment zones have increased using 

the 2024 guidance, consistent with the 

initial IHA no Level A harassment takes 

are anticipated, because PG&E proposes 

to change the shutdown zones 

accordingly and consistent with the 

intent of the measures prescribed 

through the initial IHA, as discussed in 

Description of Proposed Mitigation, 

Monitoring and Reporting Measures 

section. 

TABLE 5—LEVEL A HARASSMENT ZONES USING 2018 TECHNICAL GUIDANCE AND DRAFT 2024 TECHNICAL GUIDANCE

Pile type and method 

Level A harassment zones using 2018 technical 

guidance 

(m) 

Level A harassment zones using draft 2024 

technical guidance 

(m) 

HF 

Cetacean a

VHF 

Cetacean b Phocids Otariids HF Cetacean 

VHF 

Cetacean Phocids Otariids 

Hydroacoustic Data Collection 

18-inch Composite, Impact ................................................... <1 19 9 <1 2 25 14 5 

18-inch Composite, Vibratory ................................................ <1 6 3 1 1 2 3 1 

Turbidity Curtain 

Steel H-Pile, Vibratory ........................................................... 0 <1 <1 <1 <1 <1 <1 <1 

Steel Shell Pile ≤24-inch, Vibratory ...................................... <1 4 2 1 <1 2 3 1 

RWF Temporary Relocation Piles 

Steel Shell Pile 24-inch, Vibratory ........................................ <1 4 2 <1 <1 2 3 1 

Steel Shell Pile 24-inch, Impact, Attenuated c ...................... 11 351 158 12 37 454 261 97 


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TABLE 5—LEVEL A HARASSMENT ZONES USING 2018 TECHNICAL GUIDANCE AND DRAFT 2024 TECHNICAL GUIDANCE— 

Continued 

Pile type and method 

Level A harassment zones using 2018 technical 

guidance 

(m) 

Level A harassment zones using draft 2024 

technical guidance 

(m) 

HF 

Cetacean a

VHF 

Cetacean b Phocids Otariids HF 

Cetacean 

VHF 

Cetacean Phocids Otariids 

Steel Shell Pile ≤36 inch, Vibratory ...................................... 3 28 14 2 13 27 42 14 

Sediment Pins 

14 to 16-inch Timber, Vibratory ............................................ 2 23 10 1 8 17 27 9 

14 to 16-inch Timber, Impact ................................................ <1 14 6 <1 2 18 10 4 

14 to 16-inch Composite, Vibratory ...................................... <1 6 3 <1 2 4 7 2 

14 to 16-inch Composite, Impact .......................................... <1 9 4 <1 1 11 7 2 

a In the 2018 guidance and initial IHA, HF cetaceans were referred to as MF (mid-frequency) cetaceans 

b In the 2018 guidance and initial IHA, VHF cetaceans were referred to as HF (high-frequency) cetaceans. 

c 5-dB reduction in sound due to use of bubble curtain assumed. 

Description of Proposed Mitigation, 

Monitoring and Reporting Measures 

The proposed mitigation, monitoring, 

and reporting measures included as 

requirements in this authorization are 

nearly identical to those included in the 

Federal Register notice announcing the 

issuance of the initial IHA (89 FR 5865, 

January 30, 2024), and the discussion of 

the lest practicable adverse impact 

included in that document and the 

notice of the proposed IHA (88 FR 

782836, November 27, 2023) remain 

accurate. Consistent with the mitigation 

required through the initial IHA, 

shutdown zones proposed for the 

renewal IHA will be based on the largest 

Level A harassment zone for each pile 

size/type and driving method, as 

updated using the draft 2024 Technical 

Guidance rather than the 2018 

Technical Guidance. The zones are 

calculated identically to those presented 

in the notice of the proposed IHA (88 FR 

82836, November 27, 2023), with 

reference to the updated Technical 

Guidance. The following mitigation, 

monitoring, and reporting measures are 

proposed for this renewal: 

• PG&E must shut down construction 

operations if a marine mammal comes 

within 10 m of construction activity to 

avoid direct physical interaction with 

marine mammals; 

• PG&E must establish shutdown 

zones for all pile driving activities. 

Shutdown zones are based on the largest 

Level A harassment zone for each pile 

size/type and driving method; 

• PG&E must shut down during active 

pile driving if marine mammals 

approach shutdown zones (see table 6); 

• NMFS-approved protected species 

observers (PSOs) must be used to 

monitor the full shutdown zones and as 

much of the Level B harassment zone as 

possible; 

• PSOs must monitor the shutdown 

zones for at least 30 minutes prior to 

pile driving, throughout pile driving, 

and 30 minutes after; 

• If marine mammals are found 

within the shutdown zone, pile driving 

must be delayed until the animal has 

moved out of the shutdown zone; 

• PG&E must shut down if any 

species for which take has not been 

authorized, or a species for which take 

has been authorized but the authorized 

take numbers have been met, 

approaches or enters the Level B 

harassment zones; 

• Should environmental conditions 

deteriorate such that marine mammals 

within the entire shutdown zone would 

not be visible (e.g., fog, heavy rain), pile 

driving must be delayed until observers 

are confident marine mammals within 

the shutdown zone could be detected; 

• PG&E must implement impact pile 

driving soft starts whereby hammer 

energy is gradually ramped up; 

• A bubble curtain must be used 

during impact pile driving of steel piles; 

• PG&E must submit a draft marine 

mammal monitoring report to NMFS 

within 90 days after the completion of 

pile driving activities or 60 calendar 

days prior to the requested issuance of 

any subsequent IHA for construction 

activity at the same location, whichever 

comes first. A final report must be 

prepared and submitted within 30 

calendar days following receipt of any 

NMFS comments on the draft report; 

and 

• All injured or dead marine 

mammals must be reported to the Office 

of Protected Resources and to the West 

Coast regional stranding network. 

TABLE 6—PROPOSED UPDATED SHUTDOWN ZONES

Pile type and method 

Shutdown zone 

for all species 

(m) 

Change from initial IHA 

Hydroacoustic Data Collection 

18-inch Composite, Impact ......................................................................................................... 30 Increased 10 m. 

18-inch Composite, Vibratory Removal ...................................................................................... 10 No change. 

Turbidity Curtain 

Steel H-Pile, Vibratory Installation and Removal ........................................................................ 10 No change. 

Steel Shell Pile ≤24 inch, Vibratory Installation and Removal .................................................... 10 No change. 

RWF Relocation Piles 

Steel Shell Pile 24 inch, Vibratory Installation and Removal ..................................................... 10 No change. 

Steel Shell Pile 24 inch, Impact, Attenuated .............................................................................. 450 Increased 90 m. 


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I I I I 
83464 Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Notices 

TABLE 6—PROPOSED UPDATED SHUTDOWN ZONES—Continued 

Pile type and method 

Shutdown zone 

for all species 

(m) 

Change from initial IHA 

Steel Shell Pile 36 inch, Vibratory .............................................................................................. 40 Increased 10 m. 

Sediment Pins 

14- to 16-inch Timber, Vibratory ................................................................................................. 30 No change. 

14- to 16-inch Timber, Impact ..................................................................................................... 20 No change. 

14- to 16-inch Composite, Vibratory ........................................................................................... 10 No change. 

14- to 16-inch Composite, Impact ............................................................................................... 20 No change. 

Comments and Responses 

As noted previously, NMFS published 

a notice of a proposed IHA (88 FR 

82836, November 27, 2023) and 

solicited public comments on both our 

proposal to issue the initial IHA for 

PG&E’s sediment remediation project 

and on the potential for a renewal IHA, 

should certain requirements be met. 

All public comments were addressed 

in the notice announcing the issuance of 

the initial IHA (89 FR 5865, January 30, 

2024) and none of the comments 

specifically pertained to the renewal 

IHA. 

Preliminary Determinations 

NMFS has preliminarily concluded 

that there is no new information 

suggesting that our analysis or findings 

should change from those reached for 

the initial IHA. This includes 

consideration of the estimated 

abundance of the Eastern stock of the 

Steller sea lion decreasing, updated 

analysis reflecting the 2024 Technical 

Guidance, and corresponding updates to 

required shutdown zones. Based on the 

information and analysis 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; (4) 

PG&E’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, and; (5) 

appropriate monitoring and reporting 

requirements are included. 

Endangered Species Act 

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. 

No incidental take of ESA-listed 

species is proposed for authorization or 

expected to result from this activity. 

Therefore, NMFS has determined that 

formal consultation under section 7 of 

the ESA is not required for this action. 

Proposed Renewal IHA and Request for 

Public Comment 

As a result of these preliminary 

determinations, NMFS proposes to issue 

a renewal IHA to PG&E for conducting 

pile driving activities associated with 

the Sediment Remediation Project in 

San Francisco Bay, California from May 

1, 2025, to April 30, 2026, provided the 

previously described mitigation, 

monitoring, and reporting requirements 

are incorporated. A draft of the 

proposed and final initial IHA can be 

found at https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-pacificgas-electric-sediment-remediationproject-san. We request comment on our 

analyses, the proposed renewal IHA, 

and any other aspect of this notice. 

Please include with your comments any 

supporting data or literature citations to 

help inform our final decision on the 

request for MMPA authorization. 

Dated: October 9, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–23797 Filed 10–15–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE351] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of modification to 

expiration date of letter of authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, its implementing 

regulations, and NMFS’ MMPA 

Regulations for Taking Marine 

Mammals Incidental to Geophysical 

Surveys Related to Oil and Gas 

Activities in the Gulf of Mexico (GOM), 

notification is hereby given that NMFS 

has modified the expiration date of a 

Letter of Authorization (LOA) issued to 

Murphy Exploration and Production 

Company (Murphy) for the take of 

marine mammals incidental to 

geophysical survey activity in the GOM. 

DATES: This LOA is effective through 

January 31, 2025. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: https://

www.fisheries.noaa.gov/marinemammal-protection/issued-lettersauthorization-oil-and-gas-industrygeophysical-survey. In case of problems 

accessing these documents, please call 

the contact listed below (FOR FURTHER

INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Jenna Harlacher, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

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

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


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