Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices 92907 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

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). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in U.S. waters of the GOM 

over the course of 5 years (86 FR 5322, 

January 19, 2021). The rule was based 

on our findings that the total taking 

from the specified activities over the 5- 

year period will have a negligible 

impact on the affected species or 

stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on the availability of those species or 

stocks for subsistence uses. The rule 

became effective on April 19, 2021. 

Our regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of effecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 50 CFR 

217.186(e), issuance of an LOA shall be 

based on a determination that the level 

of taking will be consistent with the 

findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 

authorized under the LOA is of no more 

than small numbers. 

NMFS subsequently discovered that 

the 2021 rule was based on erroneous 

take estimates. We conducted another 

rulemaking using correct take estimates 

and other newly available and pertinent 

information relevant to the analyses 

supporting some of the findings in the 

2021 final rule and the taking allowable 

under the regulations. We issued a final 

rule in April 2024, effective May 24, 

2024 (89 FR 31488, April 24, 2024). 

The 2024 final rule made no changes 

to the specified activities or the 

specified geographical region in which 

those activities would be conducted, nor 

to the original 5-year period of 

effectiveness. In consideration of the 

new information, the 2024 rule 

presented new analyses supporting 

affirmance of the negligible impact 

determinations for all species, and 

affirmed that the existing regulations, 

which contain mitigation, monitoring, 

and reporting requirements, are 

consistent with the ‘‘least practicable 

adverse impact’’ (LPAI) standard of the 

MMPA. 

NMFS issued a LOA to Murphy on 

March 20, 2024, for the take of marine 

mammals incidental to a threedimensional (3D) ocean bottom node 

survey in the Green Canyon protraction 

areas, including approximately 44 lease 

blocks, effective April 1, 2024, through 

October 31, 2024. Please see the Federal 

Register notice of issuance (89 FR 

20946, March 26, 2024) for additional 

detail regarding the LOA and the survey 

activity. 

Murphy subsequently requested, and 

NMFS issued, a modification to the 

LOA expiration date, extending it to 

January 31, 2025 (89 FR 83464, October 

16, 2024). On November 1, 2024 

Murphy informed NMFS that the survey 

had further delays, and requested a 

second modification to the expiration 

date of the LOA (from December 31, 

2025 to March 15, 2025) to 

accommodate the delays. There are no 

other changes to Murphy’s planned 

activity. 

Authorization 

NMFS has changed the expiration 

date of the LOA from January 31, 2025 

to March 15, 2025. There are no other 

changes to the LOA as described in the 

October 16, 2024, Federal Register 

notice of issuance (89 FR 83464): the 

specified survey activity, estimated take 

by incidental harassment, and small 

numbers analysis and determination 

remain unchanged and are referenced in 

this notice. 

Dated: November 19, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–27528 Filed 11–22–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE482] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to the Duckabush Estuary 

Restoration Project in Washington 

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 U.S. Army Corps of Engineers 

(USACE) for authorization to take 

marine mammals incidental to the 

Duckabush Estuary Restoration Project 

(DERP) in Hood Canal, Washington, for 

a period of 5 years (2025–2029). 

Pursuant to regulations implementing 

the Marine Mammal Protection Act 

(MMPA), NMFS is announcing receipt 

of USACE’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 USACE’s 

application and request. 

DATES: Comments and information must 

be received no later than December 26, 

2024. 

ADDRESSES: Comments on the 

application 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.Pauline@noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 


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92908 Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices 

to any other address or individual, or 

received after the end of the comment 

period. Comments received 

electronically, including all 

attachments, must not exceed a 25- 

megabyte file size. Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel or Adobe PDF 

file formats only. All comments 

received are a part of the public record 

and will generally be posted online at 

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

national/marine-mammal-protection/ 

incidental-take-authorizationsconstruction-activities without change. 

All personal identifying information 

(e.g., name, address) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

confidential business information or 

otherwise sensitive or protected 

information. 

An electronic copy of USACE’s 

application may be obtained online at: 

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

national/marine-mammal-protection/ 

incidental-take-authorizationsconstruction-activities. In case of 

problems accessing these documents, 

please call the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Robert Pauline, 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 (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 

immitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: any act of 

pursuit, torment, or annoyance, which 

(i) has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

Summary of Request 

On April 17, 2024, NMFS received an 

application from the USACE requesting 

authorization for take of marine 

mammals incidental to in-water 

construction activities associated with 

the DERP in Hood Canal. We provided 

comments on the application and the 

USACE submitted a revised version on 

September 27, 2024. The application 

was deemed adequate and complete on 

November 5, 2024. The requested 

regulations under which we would 

issue the requested LOA would be valid 

for 5 years, November 2025 through 

October 2029. The USACE’s DERP 

would reconnect floodplain and 

intertidal wetlands to improve tidal 

exchange, sediment transport, and 

estuary development plans to restore the 

Duckabush River Estuary. Constructionrelated activities include building 

temporary work platforms, bridge 

demolition, bridge construction, road 

realignment, channel excavation, 

causeway and training berms 

demolition. Construction activities are 

expected to disturb nearby pinnipeds, 

resulting in incidental take by Level B 

harassment only. Therefore, the USACE 

requests authorization to incidentally 

take marine mammals. 

Specified Activities 

The purpose of the DERP is to 

reconnect floodplain and intertidal 

wetlands to improve tidal exchange, 

sediment transport, and estuary 

development plans to restore the 

Duckabush River Estuary. Constructionrelated activities include building 

temporary work platforms, bridge 

demolition, bridge construction, road 

realignment, channel excavation, and 

causeway demolition. 

The USACE anticipates construction 

will take up to 764 workdays across 48 

months to complete. Time estimates 

assume that construction will operate 8 

hours per day, 5 days per week for most 

of the project and 12 hours per day, 7 

days per week for some components of 

the work. The number of work days per 

year would range from 28 (Year 1) to 

263 (Years 2 and 3). Take by Level B 

harassment has been requested for 

harbor seal (Phoca vitulina). The 

USACE’s application contains 

mitigation and monitoring measures 

designed to reduce impacts to marine 

mammals. The application also contains 

proposed marine mammal monitoring 

and reporting plans. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning USACE’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 USACE, if 

appropriate. 

Dated: November 20, 2024. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–27572 Filed 11–22–24; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Extend 

Collection 3038–0104: Clearing 

Exemption for Swaps Between Certain 

Affiliated Entities 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is announcing an opportunity 

for public comment on the proposed 

renewal of a collection of certain 

information by the agency. Under the 

Paperwork Reduction Act (‘‘PRA’’), 

Federal agencies are required to publish 

notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment. This notice solicits 

comments on reporting requirements 

relating to uncleared swaps between 

certain affiliated entities electing the 

exemption under Commission 

regulation 50.52 (Exemption for swaps 

between affiliates). 

DATES: Comments must be submitted on 

or before January 24, 2025. 


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