84880 Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Notices 

does not necessitate any changes to the 

criteria in the 2024 Updated Technical 

Guidance (i.e., kurtosis affects 

implementation of the acoustic criteria, 

not the criteria themselves). 

Comment 29: A group of commenters 

noted that for VHF cetaceans, there is 

one study (Kastelein et al. 2017c) where 

a higher peak sound pressure level (PK 

SPL) (199 dB) did not trigger TTS 

(maximum threshold shift of 3 to 5 dB), 

but Lucke et al. 2009 obtained 

significant TTS with a lower level PK 

SPL (195 dB) using AEP measurements. 

The commenters state these 

contradicting results highlight that PK 

SPL is currently not a robust and good 

predictor of TTS, and suggest that 

NMFS provide stronger reasoning on the 

choice of Lucke et al. 2009, while 

Kastelein et al. 2017c used behavioral 

methods (preferred method in Acoustic 

Guidance and Appendix A, Navy’s 

Technical Report). 

Response: NMFS acknowledges there 

are limited marine mammal data 

available for impulsive sounds reporting 

the PK SPL metric. However, we 

disagree that PK SPL is not a good 

predictor of TTS and believe it has 

inherent value in establishing marine 

mammal AUD INJ and TTS criteria. As 

stated in the 2024 Updated Technical 

Guidance, sound exposure containing 

transient components (e.g., short 

duration and high amplitude; impulsive 

sounds) can create a greater risk of 

causing direct mechanical fatigue to the 

inner ear (as opposed to strictly 

metabolic) compared to sounds that are 

strictly non-impulsive (Henderson and 

Hamernik 1986; Levine et al. 1998; 

Henderson et al. 2008). Often the risk of 

damage from these transient 

components does not depend on the 

duration of exposure. Thus, weighted 

SEL24h is not an appropriate metric to 

capture all the effects of impulsive 

sounds, which is why instantaneous PK 

SPL has also been chosen as part of 

NMFS’s dual metric criteria for 

impulsive sounds. Of note, human noise 

standards recognize and provide 

separate criteria for impulsive sound 

sources using the PK SPL metric 

(Occupational Safety and Health 

Administration 29 CFR 1910.95; Starck 

et al. 2003). 

As indicated in the document 

(Appendix A, Navy’s Technical Report), 

PK SPL thresholds for TTS were based 

on TTS data from single impulsive 

sound exposures that produced 6 dB or 

more TTS for the HF and VHF cetaceans 

(the only groups for which data are 

available). The PK SPL thresholds from 

these data were 224 and 196 dB, for HF 

and VHF cetaceans, respectively (table 

A.5, Finneran et al. 2002; Lucke et al. 

2009). The choice of relying on Lucke et 

al. 2009, even though it relies on AEP 

data, is due to the limited nature of the 

impulse TTS data for marine mammals 

and the likelihood that the VHF 

cetaceans are more susceptible than the 

HF cetaceans (i.e., use of the HF 

cetacean value is not appropriate). 

Based on the limited data, it is 

reasonable to assume that the exposures 

described by Lucke et al. 2009, which 

produced AEP-measured TTS of up to 

20 dB, would have resulted in a 

behavioral TTS of at least 6 dB. Finally, 

Kastelein et al. 2017c is not used 

because it did not meet our definition of 

TTS as requiring a threshold shift of at 

least 6 dB. 

Future Updates to Technical Guidance 

Comment 30: A group of commenters 

stated it is unclear how/when NMFS 

will decide the appropriate timeline to 

next update the Technical Guidance. 

They also questioned how NMFS will 

integrate future data in future iterations 

and whether an update would require 

another Navy Technical Report or 

Southall et al. publication. 

Response: The 2024 Updated 

Technical Guidance provides a 

procedure and timeline for future 

updates in Section 3.1., where it 

indicates that NMFS will continue to 

monitor and evaluate new data as they 

become available and periodically 

convene staff from our various offices, 

regions, and science centers to revise 

the Updated Technical Guidance as 

appropriate (anticipating updates to 

occur on a three to five year cycle). A 

new Navy Technical Report and/or 

Southall et al. publication would be 

considered if either becomes available. 

Finally, as mentioned in an earlier 

response, NMFS is aware that the 

National Marine Mammal Foundation 

successfully collected preliminary 

hearing data on 2 minke whales during 

their third field season (2023) in 

Norway. However, at this time, no 

official results have been published. 

Furthermore, a fourth field season 

(2024) was recently completed, where 

more data were collected. Thus, it is 

premature for NMFS to propose any 

changes at this time. However, 

mysticete hearing data is identified as a 

special circumstance that could merit 

re-evaluating the acoustic criteria in the 

2024 Updated Technical Guidance, once 

the data from both field seasons are 

published. 

Miscellaneous Issues 

Comment 31: A group of commenters 

stated that the absence of consideration 

of ambient noise in measurements 

targeted at measuring a single source 

can be problematic, as certain 

environments have already elevated 

ambient noise levels even without the 

introduction of any specific source or 

activity. NMFS listed ‘‘Multiple 

sources’’ as a research priority in 

Appendix B (Research 

Recommendations for Improved 

Criteria), and while the commenters 

agree that information on multiple 

sources might be important to better 

characterize how the acoustic 

environment of animals might change, it 

is also critical to recognize the 

importance of ambient noise, 

particularly if NMFS recommends 

applicants consider recording 

broadband measurements. 

Response: NMFS agrees that 

characterizing the existing soundscape 

is an important consideration and has 

added it to the Appendix B (Research 

Recommendations for Improved 

Criteria) as suggested. 

Comment 32: Several commenters 

inquired about the status of NMFS 

updating behavioral disturbance criteria 

for marine mammals. 

Response: Behavioral disturbance 

criteria are outside the scope of the 2024 

Updated Technical guidance. However, 

NMFS is currently in the process of 

developing draft marine mammal 

behavioral disturbance criteria. To date, 

we have completed a NMFS internal 

review and have started the peer review 

via the Center for Independent Experts 

(July 2024). For more information on 

how this review is progressing, please 

see: https://www.noaa.gov/informationtechnology/national-marine-fisheriesservices-development-of-recommendedbehavioral-disturbance-criteria-for. 

Dated: October 21, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–24748 Filed 10–23–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; High Seas Fishing Permit 

Application, Logbook Reporting, and 

Vessel Marking 

AGENCY: National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Notices 84881 

ACTION: Notice of information collection, 

request for comment. 

SUMMARY: The Department of 

Commerce, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), invites the general public and 

other Federal agencies to comment on 

proposed, and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. The purpose of this 

notice is to allow for 60 days of public 

comment preceding submission of the 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this proposed 

information collection must be received 

on or before December 23, 2024. 

ADDRESSES: Interested persons are 

invited to submit written comments to 

Adrienne Thomas, NOAA PRA Officer, 

at NOAA.PRA@noaa.gov. Please 

reference OMB Control Number 0648– 

0304 in the subject line of your 

comments. All comments received are 

part of the public record and will 

generally be posted on https://

www.regulations.gov without change. 

Do not submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

specific questions related to collection 

activities should be directed to Terra 

Lederhouse, Chief, International 

Fisheries Division and Jasmine Prat, 

Foreign Affairs Specialist, Office of 

International Affairs, National Marine 

Fisheries Service (NMFS), 1315 East 

West Hwy., Bldg. SSMC3, Silver Spring, 

MD 20910–3282, by phone 301–427– 

8360, or by email at terra.lederhouse@

noaa.gov and jasmine.prat@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This is a request for an extension of 

a currently approved collection. The 

NMFS Office of International Affairs, 

Trade, and Commerce collects 

information about United States (U.S.) 

vessels that fish on the high seas (waters 

beyond the U.S. exclusive economic 

zone). Such vessels are required to 

possess a fishing permit issued under 

the authority of the High Seas Fishing 

Compliance Act (HSFCA). Applicants 

for this permit must submit information 

(including a photo) to identify their 

vessels, and about owners and operators 

of the vessels, and intended fishing 

areas and fishing gear. The information 

submitted on the application is used to 

process permits and to maintain a 

register of U.S. vessels authorized to fish 

on the high seas. 

Implementing regulations for the 

HSFCA also require vessels be marked 

for identification and enforcement 

purposes. Vessels must be marked in 

three locations (port and starboard sides 

of the deckhouse or hull, and on a 

weatherdeck) with their official number 

or radio call sign. Additional regulatory 

requirements include reporting on 

fishing activities and transshipments, 

notification of fishing trips for 

embarking observers (if selected), and 

operating a vessel monitoring system 

including power up and power down 

notifications. Finally, vessel operators 

may make requests for NMFS to 

authorize new fisheries (fishing gear, 

fishing area, target species) for U.S. 

vessels operating on the high seas. 

These requirements apply to all U.S. 

vessels fishing on the high seas. 

II. Method of Collection 

Owners or operators of high seas 

fishing vessels must submit electronic 

permit applications (including vessel 

photo) via the NMFS online permitting 

system. Vessel operators submit logbook 

pages/transshipment notices/ 

declarations to NMFS by email. 

Notifications for observer coverage and 

power down/power up of vessel 

monitoring systems are submitted via 

email. Requests for authorizing new 

fisheries on the high seas are submitted 

via letter/email. No information is 

submitted for the vessel marking 

requirement. The markings are only 

displayed on the vessel. 

III. Data 

OMB Number: 0648–0304. 

Form Number: None. 

Type of Review: Regular submission 

(extension of a currently approved 

information collection). 

Affected Public: Business or other for 

profit organizations. 

Estimated Number of Respondents: 

600. 

Estimated Time per Response: 30 

minutes per electronic vessel permit 

application including uploading a 

vessel photograph; for logbook reports, 

6 minutes per day for days fish are 

caught, 1 minute per day for days when 

fish are not caught; 45 minutes (15 

minutes for each of 3 locations) for 

vessel markings; 5 minutes for advance 

notices of transshipment and 10 

minutes for transshipment reports; 5 

minutes for power up/power down 

notifications for enhanced mobile 

transceiver units; 5 minutes to notify 

NMFS of a fishing trip to allow for 

observer coverage; and 30 minutes to 

prepare/submit requests to authorize a 

new fishery on the high seas. 

Estimated Total Annual Burden 

Hours: 302. 

Estimated Total Annual Cost to 

Public: $162,919. 

Respondent’s Obligation: Mandatory 

(voluntary circumstances for new 

fishery authorization requests). 

Legal Authority: HSFCA (Pub. L. 104– 

43) codified at 16 U.S.C. 5501 et seq. 

IV. Request for Comments 

We are soliciting public comments to 

permit the Department/Bureau to: (a) 

Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department, 

including whether the information will 

have practical utility; (b) Evaluate the 

accuracy of our estimate of the time and 

cost burden for this proposed collection, 

including the validity of the 

methodology and assumptions used; (c) 

Evaluate ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) Minimize the 

reporting burden on those who are to 

respond, including the use of automated 

collection techniques or other forms of 

information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this information 

collection request. Before including 

your address, phone number, email 

address, or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you may ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Sheleen Dumas, 

Departmental PRA Clearance Officer, Office 

of the Under Secretary for Economic Affairs, 

Commerce Department. 

[FR Doc. 2024–24710 Filed 10–23–24; 8:45 am] 

BILLING CODE 3510–22–P 


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